A REPLY TO A MOST untrue Relation made and set forth in Print, By
Certaine
VINTNERS, in excuse of their Wine
Project
.
Printed in the Yeare, 1641.
A Reply to a most untrue Relation made, and set forth in Print, by certaine
Vintners
,
in excuse of their Wine
Proiect
.
To contend with men that deny their owne publike Acts, is a hard taske; yet for better manifestation of truth to the Honourable House of Commons, its necessary that somewhat more be said, touching the Wine
Proiect
.
IT hath been already set forth, and plainely shewed, even by the orders of
Vintners Hall
. That the retailing
Vintners
of
London
contrived that Project at their common Hall in
November
, 1637.
That they prosecuted it, and petitioned for it; And as it appears by the Project it selfe, that none but the
Vintners
could have contrived it. So the truth is, the covetousnesse of the
Vintners
, with their desire to Monopolize the sole retailing of Wines, and their pride and malice to the Coopers put them upon it.
Their covetousnesse; For they propounded, and would have no lesse then 4.l. a Tunne on all
French
, and 8.l. on
Spanish
Wines, to pay the King 40.s. restitution of 6000.l. liberty to dresse meat, sell Sugar, Beere, and Tobacco: restraint of Wines Licenses in or neere the Citie, inlargement of their Charter, and other great benefits: and all this forbare 40.s. a Tun to the King.
Their pride and malice to the Coopers. They would not have a Cooper to live, but as their servant, the poore Coopers must not sell a rundlet of Wine, they must be suppressed, to advance their Lords & Masters, the
London
Vintners, that so they might Monopolize to themselves the retaile of Wines both in Citie and Country. That was the Vintners end by this Project, for by it they tied up the Marchant from selling to Coopers or Countrey Vintners.
And albeit the truth of these particulars appeares clearely by the Project it selfe, and the Vintners orders: yet the Vintners are not ashamed to affirme, and that in Print too, in the front of their untrue relation,
First, that the generalitie of Retailers disliked this Project.
Secondly, that whatsoever they did in it, was by compulsion.
Thirdly, that they received great and insupportable losse by it.
What truth is in these men? Doth it not plainly appeare by their owne Order of the 22. of
November
, 1637. That the generality of Retailers contrived it at their Hall, and have they not all taken the benefit of it,
viz.
a penny and two pence in the quart?
Is it then to be beleeved that they disliked it?
And what can be more manifest, then that it was the designe and worke of the generality. For the whole Comittee could not, much lesse could Alderman
Abel
, or any particular man, conclude any thing in it without the consent and direction of the generalitie, as appears fully by the Orders of the sixt, the 22. and the 27. of
November
, 1637.
The Comittee was from time to time to give account of their proceedings to the Generalitie, and were so limited by the orders of the generality.
Doth it not appeare by their foresaid Order of the 27. of
November
, that they petitioned for it.
Did they not ratifie and confirme it at a gene rall Court, as by their Order of the seventh of
February
1637. and by eight subsequent Orders made at their common Hall?
How vaine then is their pretence of threats, or compulsion.
As to the third, That they received great, and almost insupportable losse by it.
Doe not all men know that from
February
1637. to
December
1640. the Vintners have taken on all
French
Wines 4.l. a Tun, and from
February
1637. to this day, being above three yeares and an halfe, on
Spanish
Wines 8. pound and 12. pound a Tunne, above the set price, and not paid the 40. shillings to the King, one full yeare and halfe.
All these excessive gaines they have exacted by colour of this their Project.
Ought they not then to bee ashamed to set forth in Print, that they have received great, and insupportable losse by it?
But what falshood will not these Vintners affirme for truth, and what truth will they not deny and outface, who say, they have great losse by this Project, when their gaine is so notorious, and deny their owne Orders which they made at their common Hall?
Their Orders which they would now denie, have been severall times proved at the Comittee, and out of those their owne Orders (against which no modest or honest men would contend) they have upon tenne severall hearings, beene foure times voted by the Comittee, to bee the Contrivers and Prosecutors of this Project, and Delinquents, and they have been twice so voted by the whole house Commons in these words.
Die Mercurij
21.
Iulij
1641.
Resolved upon the Question.
THat the Company of Vintners by their owne offer of 40. shillings
per
Tunne upon Wines to his Majestie, and demands of libertie to raise a penny
per
Quart upon
French
, and two pence a Quart upon
Spanish
Wines, and prosecuting the businesse, as appeareth by their own Orders, are Contrivers of the said unlawfull Impositions, and are Delinquents.
Resolved upon the Question.
THat all those Vintners that were parties to the Indentures, Sharers and Contrivers of the said Imposition of 40. shillings
per
Tunne, and one penny
per
Quart are Delinquents, and ought to give satisfaction to the Common-wealth.
In these Votes there can bee no error: For it appeares clearly by the Vintners Booke of Orders of their Hall, That they offerd the 40. shillings a Tunne, and demanded libertie to raise a penny, and two pence a quart, and prosecuted the businesse; An infallible proofe against them, in which there can be no corruption, and against which no exception can be taken; their owne Booke condemnes them.
And the Vintners and seven Counsellors for them were heard by the Comittee, above tenne severall daies with much patience; and upon the testimony of their owne booke of Orders they were on the 17. of
Iune
, 1641. Voted by the Comittee to be the Projectors, Contrivers and Prosecutors of the said Project, and Delinquents; and that Uote was foure times confirmed by the Comittee.
These Uotes standing good against the Uintners, as they are most iust, Master
Kilvert
is much comforted in a strong Faith, That he shall shew just cause to the Honourable House of Comons to alter their Uotes against him.
First, in regard that since that Uote against him, he hath made a materiall part of the truth to appeare, which then he could not so cleerely manifest.
Secondly, for that he is ready now to make the whole truth of the business, fully and clearly to appeare, both touching the creation and execution thereof. And in truth, it is another thing then it appeared to the Comittee to be, when he was Uoted.
The part of the truth, which he hath already made to appeare, is:
That the retailing Vintners contrived this Project amongst themselves, at their common Hall, in
November
, 1637. Petitioned for it, and prosecuted it.
That which he is now ready to prove, is
First, that he was not present at, or privie to, the framing or contriving of the said Project; nor came, or sate amongst the Vintners in their Assembles at their Hall, or elsewhere, untill they had contrived, and concluded upon the said Project, and that the chiefe Vintners present at those meetings, have often acknowledged asmuch.
Secondly, That a principall witnesse examined against him, when he was voted by the Comittee, hath since his examination acknowledged (as the truth is) that hee was mistaken in the maine point of his testimony.
Thirdly, that all those that testified against him, when he was Voted by the Comittee are parties to the Project, and Delinquents;
viz.
Parties to the Originall contriving the Project. Parties to the indentures of creation, of the Project
: And
Parties that tooke benefit by the Project.
So that they all spoke in excuse of themselves.
These particulars he could not so fully prove before the Vote, being much streightned in time by Master
Hearne
, of Counsell for Alderman
Abell
, who spent almost two daies in recrimination of Master
Kilvert
, against truth, and the direction of his clyent, and left not
Kilvert
two houres for his defence.
And fithence these particulars are so materiall, and necessary to master
Kilverts
just defence, he cannot doubt of the goodnesse of the House of Commons (so great lovers of truth) that they will be pleased to admit him to prove the truth.
Lastly, touching the Execution, It appeares fully by a Letter written, and sent to Alderman
Abel
and master
Rowland Wilson
, by
George Griffith
, and confessed by
Griffith
before the Comittee, that the said
Griffith
projected and designed the manner of Execution of this Project, and he accordingly put it in Execution, and had 200. pound a yeare Fee for the same.
The Letter and Instruction follow in these very words.
Worshipfull
,
LAtely meeting with some Judiciall men who were conferring about your present Contract, some said it would be a profitable businesse, if well managed; and confessed that none so fit to manage it as our Company: J was bold to reply, that J was assured it would be well managed, and that we had as able men, both wett and dry Vintners in our Company, to contrive and doe it as any otherwhere could bee selected: and therefore to make good my word, and that the event should proove it, J being a member of our Company, and one of the Assistance, J hold it my dutie to note any thing that will any way advance the said Companies honour and profit: and therefore I present the above written unto your Worhips, which I acknowledge to be meane to your abilities and grave experience; Yet if you please but to peruse it, and to make use of any thing therein fit for your better remembrance, I shall take it as a favour: and so to God Almighty recommending you and all your Worhips good endeavours. I shall ever rest
13.
Feb. 1637.
Your assured faithfull brother and Servant
, George Griffith.
To his respected good friends the Worshipfull,
William Abell
Alderman,
Rovvland Wilson
Esquire, and to all the rest of the Vintners selected to be Contractors with his Majesty, these present
.
To the Worshipfull Alderman
Abell
, and the rest of the Contractors.
Advice for the better advance of the Worshipfull Company of Vintners Contract, now with his gracious Majestie, and Licenses with the Right Honourable,
George
, Lord
Goring
.
THe Contractors to have a speciall care to obtain as large a grant, as can be granted, and in particular.
1. That the two Articles first proposed, be absolutely confirmed; especially, those that concerne the libertie, fredome, and good of the Retailing Vintner, as is best knowne to your Worships.
2. That in the Grant a
provizo
bee made, That his Majestie and his Heires shall put no further Custome, Impost, or charge on Wines, then is at the making of the Grant.
3. That defalcation be made in case of war with
France
or
Spaine
.
4. That defalcation bee made in case of plague, or great mortalitie.
5. That defalcation bee made in case any Marchant or Retailer should refuse to pay the 40. shillings
per
Tunne, and that the Contractors using all possible meanes, and cannot by Law or power compell paiment, in such case fit his Majestie make defalcation.
6. That his Majestie grant an ample Commission to some eminent Nobleman, and to the Contractors and their Deputies, to take and leavie the 40. shillings
per
Tunne, and for the future, that the Marchant register their sales in thirtie dayes, or in default that hee pay the 40. shillings
per
Tunne, for such Wines as by the Custom-house, or otherwise, it shall appeare he hath received.
7. That before the day of the commencement of the Contract, that a generall search be made in all Sellars of Wines, and register be taken of them, that the Contractors may receive the 40. shillings
per
Tunne.
8. That his Majesties rent be made pay able once, or at most, but twice in one yeare.
9. That the Contract bee made for at least 14. yeares, and if that will not be granted, then to be well advised, whether you will take the Lord
Gorings
Licences from him or his Majestie, if you can procure 14. yeares from his Majestie, then all to be taken from his said Majestie; otherwise, under your favour, I hold it fittest you take the Licenses, and continue it from the Lord
Goring
, and my reason is, that if from his Majestie you have but a short time, and the Contract by your Industry made profitable, others may Farme it heereafter from you, which if you have the Licenses, they will not be so ready, or so able to doe, and so by that meanes you may be assured to have it for 14. yeares.
10. That whereas Sir
Iohn Rainenam
K. hath the Licenses for
Cornwall
and
Devon.
it is very fit for you likewise to take it in, which may bee easily done, and hope on reasonable tearmes, and to move him to grant it, you may advise, that all Marchants that importeth Wines into those parts, must pay 40. shillings
per
Tunne, and that you will not grant the Retailers in those parts, to sell for a penny a Quart above the rates, except they will come in to you.
11. That you have his Majesties Proclama tion, signifying his gracious pleasure for paiment of the 40. shillings per Tun, &c. as Counsell shall advise.
When your Contract is finished, then these following Officers to be had, and a convenient house for meetings.
1.
A Receiver generall, to account on oath for all he receiveth, and payeth out, and he to give good securitie for what value he shall be intrusted with.
2.
A Secretarie.
3.
An able Accomptant.
4.
A Beadle.
5.
A messenger to attend the Commissioners.
6.
Such other Officers (as one at the Custom-house to take the entries of all Wines) as you shall hereafter finde necessary, for the agitating of the businesse in person abroad in the Countrey.
Now, as by the Orders of Vintners Hall it appeares, and is so Voted, that this Project was contrived by the Company of Vintners: So it also appeares by this Letter of
Griffith
, (who was one of the principall Contrivers) That it was designed for the advancement of the Com pany, and the benefit of the generality: and that
Griffith
was the principall Projector and contriver in the execution.
On the seventh of
February
, 1637. at a general Court at Vintners Hall, the Project was confirmed by the Generality, and the Contractors named; and six daies after,
viz.
the 13. of
February, Griffith
writes to the two principall pillars of the Company, and directs the forme and manner of execution, for the best advancement of the Company.
So that now this whole businesse being found to be the worke of the Company, both in the creation and execution, Master
Kilvert
, is most confident of the justice of the Honorable House of Commons, That they will not punish him for the Vintners offence, there being no Petition, or complaint against him, other then the recrimination of the Counsell of Aldermann
Abell
, and the Vintners.
The truth of the fact touching
Kilvert
, now manifestly appearing otherwise, then when he was Voted; It can no way derogate from the Honour and Justice of the Honourable House of Commons to recall their Uote.
Which hee most humbly prayes, they will vouchsafe to doe in their wonted goodnesse, the rather, sithence by his endeavour and sole charge a great summe of money will bee justly raised from the severall Vintners, that have unjustly taken it from the Subject, by colour of this their Project.
For the gaine that the Vintners have made by this Project, It hath beene already shewen and proved before the Comittee, to amount to above two hundred thousand pounds.
This their gaine hath risen three several waies.
First, by beating downe the Marchants prices, by which alone they have gained, in these three last yeares, above sixtie thousand pounds: this was proved before the Comittee, by Marchants of worth, and appeares by the Marchants prices of the sales of their Wines, certified by order of the Comittee.
Secondly, By the penny a Quart on al
French
, and two pence a Quart on
Spanish
Wines, Wherby they have gained above one hundred and thirtie thousand pounds, more then they have paid to his Majestie, as by account of the Wines imported in that time, and sold to Vintners, may appeare.
Thirdly, By their super-Project upon
Spanish
Wines, in selling
Malligaes
and
Sherries
at the price of
Canarie
, which is 12.l. a Tunne above the set price, And by this particular, they have gained thirty thousand pounds since
February
, 1637. when they first tooke the benefit of their Project.
Their pretenses of Undergage, Lees, Lecage, long keeping, decay on their hands, and bad debts, are sleight Maskes for their falsehood.
Touching Vnder-gage.
It was proved before the Comittee, by the testimony of worthy Marchants, Captaine
Langham
, Captaine
Rowden
, and others,
That all
Gascoigne
Wines are full gage, and overgage, and those smaller Wines which want of gage are cheap Wines, 3.4.5. nay, 6.l. a Tun under the set price; and no vessell of
French
Wines wants the value of 20. shillings a Tun in gage.
And for Lees, Lecage, and long keeping, they have little relation to the penny a quart, for the charge and inconvenience to the Vintners was the same upon 6.pence a quart, as it is upon 7.pence at most, within the seventh part of 40. shillings a Tunne.
For the decay of Wines on their hands: Their Wines were as subject to that before.
But its especially provided by the Contract; that they are not to pay, neither did ever Vintner pay for any decaied Wines.
Bad debts is as absurd a pretence as the rest, for the penny and two pence a quart occasions no bad debts.
How deceitfull then are the allegations and pretenses of the Vintners? when no word of truth is found in any one of them.
And what can bee said in their defence. That have still kept this Project on foot to this day, in all parts of their owne private gaine, and the Subjects greevance, and that in contempt of the Votes of the Honourable House of Commons.
For although they excuse it by the dearth of
French
Wines this last Vintage, yet all men know, that
Spanish
Wines have not beene so cheape for many yeares, And the Vintners (notwithstanding the Vote) have continued the two pence a quart on those Wines being 8. pound a Tunne to this day, and paid the King nothing. And it is a knowne truth that they gaine 6. pence in every 14. pence for a quart of
Malliga
and
Sherry
, and 5. pence in every quart of
Canary
.
And they have this yeare drawne three quarts of
Spanish
for one of
French
Wine.
And it appeares by the severall Entries in the Custome-house at
London
, onely, That from
Michaelmas
1639. to
Michaelmas
1641. being but two yeares, there was imported of
Spanish
Wines,
19901. Tuns.
The Lecage whereof being taken out at 15.
per cent.
there remaines in neate Wine, full
16915. Tuns.
Which at 4. pound a Tun, comes to 67660. pound.
And thus for
Spanish
Wines onely two yeares at 4. pound a Tunne, and the Vintners, for almost 4. yeares have taken from the Subjects for those Wines, 8. pound, and 12. pound a Tunne above the price.
Now whether the Vintners that were parties to the Indentures, Sharers, and Contrivers of the said Imposition of 40. shillings a Tunne, and a penny and two pence a quart, and that have so long taken the benefit of it, much exceeding the summe of two hundred thousand pounds shall make restitution, or satisfaction to the Common wealth, according to the said votes of the Honourable House of Commons, of the 21. of
Iuly
last, and in what proportion, is solely in the wisdome of the High Court of Parliament to determine.
FINIS.
THE ADVOCATE.
LONDON
, Printed by
William Du-Gard
, Printer to the Council of
State
; and are to bee sold by
Nicolas Bourn
in
Cornhil
, at the Corner shop, at the entrance into the
Exchange
. 1652.
TO THE RIGHT HONORABLE THE Council of State.
Right Honorable!
I Am often in very great doubt (if I may so speak), that the Goodness & Wisdom of God,
& his thoughts of these
, are very rarely met with in the Paths, which the scantling of Man's Reason and Judgment walk in; And as I dare not but own the Belief of the Coming of his Appearance, and the breaking forth, very shortly, of his Glorie: So I believ likewise, this will bee a sight very strange, and very unexspected to men; and not onely greatly above, but in som measure even contrarie (and perhaps, very unwelcom) unto the most enlarged and raised thoughts wee have yet prepared our selvs with, to receiv it.
The sign of which Coming, will bee the Detection, by little and little, of all
Imposture
, and the laying of all things low, naked, and mean before him; the stripping men of that Honor, Credit, and Repute, that they had by several means been gaining with themselvs, (and by themselvs) with others, either through a Not-knowledg, or through an artificial concealing of themselvs.
In
these very things
(if well observed) lying, and within
these
indeed, beeing spent and consumed, the whole Indeavors, Practice, Studie and Wisdom (if not Religion) of
All
States, Ages, Nations and Men,
viz.
Either in devising shifts (by acquisition of such and such Power, Habits, or otherwise) not to appear uncomly to themselvs, but to beget rather a greatness, esteem and satisfaction in themselvs, and others of themselvs;
Or, in Concealing and keeping close (by several Glosses) the Imperfections, weaknesses, and uncomlinesses, (known to themselvs) from the sight an apprehensions of others;
The more exquisite Wit exceeding the more inferior onely in this, that the former is able to finde out more tight and exquisite textures for it self then the other; And the most fortunate man in this world, having the Advantage of the more unfortunate, but after the same manner also,
viz.
that the covering of this fall's off a little sooner, and the other wrap's himself up in it a while longer.
For thus all Lusts whatsoever (whether those of Acquisition) in the minde (or others to exterior things) both in their first Issuings forth, and in their utmost Accomplishments, are still but either to give countenance unto, or further to heap up a kinde of greatness, Repute and Esteem in us for us. The Assumption (on the other side) of a Repute and Esteemence to our selvs, is, That which after give's a kinde of lawfulness, boldness, and currancey (during it) to all Lusts. (These two, observing tune, and holding time each to the measures and motions of the other) and within this Circle therefore is concluded
whole Humane Nature
, with all the Parts, and the most perfect Actions of it.
Upon these thoughts (
Right Honorable
!) I finding none not very ready to have asscribed to himself the name of beeing (in some measure) wise,
becaus it is estimable
, finde none that can endure the Manifestation (in any kinde) of their Follie; or that can bee willing to have this their Wisdom and Glorie to bee flatly and plainly called a Pageantrie, Mumming, or playing at bo-peep with themselvs and others; and yet (it really beeing no honester) if wee cannot bear the Judgments thus one of another; how shall wee abide the Trial, or bee able to stand before the Judgment of God, which seeth us, (and will shortly search us) with more pure and uncorrupt Eies? And how miserably then are the Imaginations of almost all men muffled up here in their own dressings? when the Truth most certainly is in our Beeings, at their best (natural, or acquir'd) Appearances, are yet such feign'd Things, and Propp'd up with such Lyes and fundamental mistakes of themselvs, that they would (
Belshazzer
like,) moulder and shatter themselvs to pieces, should they bee taken quite asunder from the disguises and patchings they have put upon themselvs, bare-facedly and undeceivedly to see themselvs but one small part of an hour.
Beeing convinced, by these, therefore (
Right Honourable
!) of the low Condition wee are herein, I not knowing what the Councils of God intend to bring forth for the settlement of this Nation; Nor how hee hath resolved in his Wisdom to dispose of it, (as to its outward Condition,) whether Hee intend's wee shall bee oppressed by other Nations about us, that hee may the more manifest his Power and Protection over us: Or that wee shall bee advanced in Prosperitie above others, that so hee may perhaps shew us our vanitie (the casting of the Scale either way in appearance much depending upon the present Councils) I say, not knowing this, I can as little judge what means Providence will pleas to use in order to the bringing to pass these his purposes, whether hee will chuse This, or reject That.
But in this Case, notwithstanding remembring the advice of
Solomon
Eccles. 11.5,6.
, and knowing nothing (for I do affirm it but as to mine own understanding) that hath presented it self in this Commonwealth, of more Import to bee looked after, or to bee very heedfully taken into Consideration, then Matters of
Trade
, (if wee shall either regard the
Safetie, Unanimitie
, or
Defence
of this Nation) Nor any other waie possible but This, to preserv and maintein this Countrie: calling also to minde, how many times I have heard it urged, That there is no other means to quiet or keep up the spirits of the poorer sort of people: No other to give them Imploiment, or to finde a vent and Incouragement for their Labors (when they have wrought) and consequently no other to provide against the wants and distempers of them, and of the Generalitie, but solely by
Trade
, and by a due Order and Regulation of it. All these things making up a very strong Affection in mee, I judged it my dutie (
Right Honorable
!), and what necessarily became the faithfulness I owe to the Commonwealth's service, to indevor the representing of this Truth (for your
Honor's
fuller Information) with the clearest Grounds and demonstration I could, which beeing a matter that did much depend upon Experience, I knew not how to bring this more home, then by propounding a President for it in our Neighbors the
Hollanders
; and such an one, as is still in sight, which may at once witness, The Advantage of
Trade, By themselvs, and the benefit they have found by it
; The Disadvantage of neglecting it,
By what they have brought upon us
; And the clear waie of Governing it,
By the Courses they Actually took, and have practised to effect both these
.
All which Conceptions, nevertheless, are with all humbleness submitted By
Your Honor's servant
Philopatris
Febr. 11. 1651/2.
THE
ADVOCATE
: OR, A NARRATIVE Of the state and condition of things between the
English
and
Dutch
Nation, in relation to
Trade
, and the consequences depending thereupon, to either Common-wealth; as it was presented in
August
1651.
IT hath been a thing for many years generally received, That the Design of
Spain
(and which, to this daie, hee still in his Councils carrie's on) is, to get the Universal Monarchie of Christendom. Nor is it a thing less true (how little soëver observed) that our Neighbors [the
Dutch
] (after they had settled their Libertie, and been a while encouraged by Prosperitie) have, likewise, for som years, aimed to laie a foundation to themselvs for ingrossing the Universal Trade, not onely of Christendom, but indeed, of the greater part of the known world; that so they might poiz the Affairs of any other State about them, and make their own Considerable, if not by the Largeness of their Countrie; yet, however, by the Greatness of their VVealth; and by their potencie at Sea, in strength and multitude of Shipping.
For the clear and certain carrying on of which, there beeing none (that was) like to bee so great a Bar to them, in this their Aim, as the
English
Nation; nor any that laie so conveniently to keep up a Proportion of Trade with them: It concerned them, therefore, by all means and waies possible to discourage and beat out the
English
in all places of Trade, as far (at least) as was discreet for them, without too much Alaruming them; or having too early or hastie a Breach with them.
Their particular Practices to which purpose in the
East-Indies
, at
Guiny, Greenland, Russia
, with the several unfair Carriages (of som among them) to us, in those places; and even in our own Seas, is not intended to bee here mentioned: It sufficeth, that these following Advantages they had clearly gotten above us:
1.
In the great Trade they did drive to
East-land
, and to the
Baltick
Sea; for Masts, Timber, Hemp, Pitch, Tar, Copper, Iron, Salt-peter, all sorts of Grain, Pot-ashes, &c. the like most necessarie Commodities.
2.
In their Herring-fishing; imploying yearly upon the Coast of this Land onely, above 2000 Sail of great Vessels, or Shipping.
3.
In the preserving and advancing their Manufactures; their Cloathing Trade of late arising and increasing (as it is judged) to above 60000 Cloths yearly.
4.
In their
East-India
Trade; and by it, Monopolizing three sorts of Spices almost to the whole world; as, Cloves, Nuts, and Mace, and lately much Cinnamon.
The means whereby they have pursued and upheld these Advantages, were
By the great number of Shipping they have constantly built; and by the manner of managing their Trade and Shipping, in a conformitie and direction to their Grand End:
For,
1.
Few Merchant's Ships among the
Hollanders
were ships of much Defence, unless these going to
India
; and so they were neither at so great a charge of Guns in building them; nor did carrie a proportion of men, or victual (in setting them out) near, or answerable to
English
Shipping of the same Burthen.
2.
Several Trades they did drive in Fleets, with great Flutes, or Vessels, having never a Gun at all in them, nor more men then would possibly sail them, as most of their
East-land
Trade, their Herring-Buss Trade, and their Salt Trade, which were driven after this manner.
3.
Those their Fleets were, and have been alwaies carefully and constantly attended with a Convoy at the Publick charge; and which was alway ready beforehand, and had their directions given them not from the State, but from the several Admiralties; whereby they were held to their Dutie, and strictly tied up to that service.
4.
Much of the Trade which they did drive to the south-ward (not in Fleets, nor with Convoy, but in single shipping) they would often ensure in
England
; so that when loss came, it was wee somtimes that bare it, and our stock that was lessened and diminished by it.
By all which means,
1.
They did engross the whole Trade of all Bulkie Commodities (to themselvs singly), as Timber, Clap-board, Masts, Grain, Salt, &c.
2.
And were, in som Commodities, able to go as cheap again for Freight, as wee: in som, half as cheap; and near in all, a full third penie cheaper then wee.
VVhich Cheapness of Freight produced again other great Advantages to themselvs; For
1.
In som Commodities it was above 20 in the Hundred gain; in som 15; in others 10; and near 4 or 5
per Cent.
in most; (which was a years Interest with them) And by which,
2.
They were sure to get the preference of the Market of us in other Countries, and if occasion were, to under-sel us also as much
per Cent.
in all places, and upon all Trades; yea, somtimes in our own Commodities: And this together with an easie pretence of the unsafetie of our
English
shipping through our late Troubles.
3.
Compelled our Nation (that wee might maintein a Stock going with them) to hire and freight the
Holland
shipping, without which, indeed, wee could not well have held up a Trade here with them, either out or home: VVhich beeing once begun by som, was immediately (by reason of the Advantage of it) followed by as many others as could: But This (though a good and beneficial expedient for the particular Merchant) begat notwithstanding several very great mischiefs to this Nation in general:
For,
1.
By this wee encouraged the building more and more of our Neighbors Shipping, and discouraged our own; which hereupon were laid up by the walls in great numbers.
2.
VVee encreased (by this) their great Trade for the
Baltick
Sea, and
East-land
, and gave them still the greater opportunitie to make themselvs the Mart and Masters over us, of all Commodities belonging to the building or furnishing of Shipping, whereby their Trade still came home in a Circle; they (like wise men) laying such a Cours, as one part of it strengthened another.
3.
VVee dis-obliged and discontented our own people and sea-men, and insensibly weakned the strength and defence of this Nation: For by this cours, wee must at length have been reduced to have hired their Marriners, when wee come to set out our Men of War: nor was it possible (had it held) to have prevented it.
4.
They, by this means, carried away much unnecessarie Treasure out of this Nation, taken for Freights; and so insensibly impoverished also this Countrie; our monie occasioning a Luxe to their people, while our own Seamen starved at home for meer want, and through lack of imploiment.
5.
And as the Cheapness of their Freight enabled them to under-sell us abroad, in many Commodities carried to forreign Markets by them, & by us, to sell: So it enabled them equally to over-bid us abroad for the Forreign Commodities, which they and wee bought, and to rais the price of them upon us, which while they had libertie to bring in hither, they either prevented our Merchant of the first of the Market, and then made us paie Sauce for them: or, if not, they carried them into their Countrie: or here watched the opportunitie of another seasonable vent of them. And thus they served us, as for all our
Norwey, East-land
, and
Russia
Commodities; so also lately in our VVines, Fruits, Oils, Cur rans, &c. which were the Commodities of
Spain, Canaries
, and the
Streights
: By both these means (
viz.
by discouraging and beating us down abroad in the selling of som Commodities; and by raising and enhaunsing us abroad in the price, or buying up of others) concluding with themselvs, to wearie us out at length from all Trade, and to have the sole buying and selling of all Commodities for us.
For this method and manner of managing their affairs, daily adding to
their
stock; and answerably diminishing the Stock and Treasure of
this Nation
: and by laying it so, as it
run
thus in a Circle, each part of it (as wee said) strengthning another part: it would unavoidably have tended to a greater and greater disenabling us to hold anie Trade with them: and to have made themselvs, for Wealth and Shipping, the Masters over us: A sufficient testimonie of which (over and above what wee have said also) wee might further see in the actual progress that they had gained upon us in our Shipping.
For,
1.
In our Trade of
East-land
, whereas wee did use formerly to send thither 200 Sail of Shipping in a year, wee now did not send 16 Sail: The
Hollanders
in the mean time employing not less then 600 Sail thither;
- >
and whereby (had not a good Providence crossed or hindered a strict Alliance and Conjunction between som of those Eastern States and them) wee must soon have given them their Price, and been at their disposing for all Commodities belonging to Shipping: and then it had been too great an hazard for us (by anie Law made here) to have recovered our Trade from them.
2.
In our Plantations they had three, if not four Sail of Ships, for our one: whereas they never suffered us so much as to Trade at all in any place or Plantation settled by them.
3.
In
India
they have 20 Sail, and above, for our one.
4.
At
Spain, Canaries, Zant
, with several other places in the
Streights
, where they formerly rarely laded hither one ship of Goods; they now lately laded hither more then wee.
And thus, in the waie and manner of the managing the Trade in thier shipping, laie much of their vigilancie to gain their advantage and design upon us.
A
second
Cours (therefore) whereby they do and have upheld their advantages above us, is, The greatness of the Stock they emploie, which (as wee now intimated) was more and more increased by the wisdom of this their Method in Shipping: And which, on the other side, as it did encreas and grow great, did enable them the more to give the Laws of Trade to us, both in the Government of the Exchange, and of the Markets abroad for Forreign Commodities.
A
third
Cours is for the gaining and upholding their Advantages of us, was, The singular and prudent care they took in preserving the Credit of most of those Commodities which are their own proper Manufactures; By which they keep up the Repute and Sale of them abroad; taking hereby a very great advantage of the contrarie Neglect in us; and by this means, likewise, very much damnifying and spoiling us.
Which that wee may clearly see of what Import this one thing alone is to us, wee shall here set down certain general
Canons
, or
Rules
, belonging to Manufactures.
1.
That although Divine Providence, in the greatness of his Wisdom, hath placed natural commodities, som here, som there; yet no Manufacture or artificial commoditie, but may possibly bee had or transplanted into anie Countrie.
2.
That all Manufactures (especially such as are of Necessitie) if they are of a certain goodness, They are (like Coin) of a certain value and price also; and so on the contrarie. If of an uncertain goodness, They, &c.
3.
That two persons selling or making commodities of a like goodness, hee shall have the preference of the Market, that will sell them the cheapest.
And so two Nations likewise
.
4.
That the cheapness of Manufactures, and artificial commodities, doth altogether depend upon the plentie and cheapness of the matter, and upon the like cheapness of price, for Handie-labor.
And these (though few) beeing unalterable Laws in all Manufactures, it cannot but bee acknowledged, that it is through our want of the like Care, as our Neighbors, and onely through that, that the
Hollander
hath anie kinde of Woollen Manufacture:
For,
1.
The matter of no VVoollen Manufacture groweth in his Countrie at all; but hee is forced to fetch it from other places; whereas wee have it here, within this Nation, plentie.
2.
The price of labor depending much upon the price of victuals, hous-rent, and other things necessarie, It is certain (especially to any that know both Countries) that all this is much cheaper with us, then with our Neighbors, and are like so to bee.
3.
Our Nation, as they were heretofore the onely workmen of these commodities; so none can excel them for Art, Skill, or Goodness, were but encouragement given them, and an Order, Regulation, and Government of the Manufactures settled among them:
And therefore
It is not our Neighbor's singular Industrie above us, or a power they have to work cheaper then us; so much as it is the Carelesness of this Nation, in keeping our Manufactures to their due contents, weight, and goodness. Their Neglect in settling a Regulation, Government, and Superspection over them, and in Inflicting due and just punishments for the fals-making of them. That is (humbly conceived to bee) the Caus of the so great thriving of our Neighbor's Cloathing, and of the so great Ruine and Decaie (on the contrarie) of our own Woollen Manufactures, and of the people depending upon them.
A
fourth
Cours taken by our Neighbors, Is, the Improvements of Trade that they have made by their Treaties or Articles of Confederations with other Princes;
and by making this their Care and Protection of Trade abroad in all places their Interest of State
. Thus taking hold of the Juncture of Circumstances, and making use of the Necessitie of the King of
Denmark
, they have farmed the
Sound
of him: Thus also at the Treatie of
Munster
have they reserved a power of shutting us out of the
Scheld
, and have carefully in that Peace concluded on several other Articles and Provisions in order to the securing and promoting of their Traffick. And thus &c.
A
fifth
Cours (and not the least means for the upholding and encreasing their Trade) Is, The smalness of their Custom, or Port-duties; also their prudent laying on and taking off Impositions, for the furtherance of their own Manufactures, and for the Incouragement of bringing in som, and Discouragement of bringing in other Commodities; and of which they have given us two ill Instances, The one in laying on a great Tax upon our
English
Cloths and Manufactures; The other in forbidding our Cloths wholly to bee imported, if drest or died in the Cloth; of both which wee have had som caus to complain long, as beeing plainly an Inhibition of Commerce, and if not strictly against the Laws of Nations; yet at least against the Cours of Amitie, Alliance, and Friendship.
A
sixt
way hath been, The Constant Reward and Incouragement given to persons bringing in Inventions; making of new Discoveries, and propounding things profitable for publick and common interest: which (how little a thing soëver it may seem to som, yet it hath ever been, and is constantly, a very great spur to Industrie.
And these are humbly asserted to bee the principal Causes of their so much greatness and flourishing in Trade above us.
Other Causes that have been less principal and accessarie to these, are,
1.
The Easiness or Lowness of Interest in that Countrie.
2
The great facilitating of their Trade by a Bank.
3.
And last of all (the onely thing proper to them) the dearness and scarcitie of Land: and the dividing their Estates equally to their children: whereby Trade is (as it were) continued in a Line without Interruption; the contrarie beeing customarie with us.
Animadversion.
All which Discours beeing onely an Evidence given in from matter of known fact; It will (as is humbly conceived) manifest it self.
I.
That our Neighbors have no such extraordinarie advantage in matter of Trade, either through their Countrie, its Situation, or otherwise, as is proper or peculiar to them only, beyond all other Nations, (as hath been long the opi nion of som) but it is the manner of their Care; and of the Government that is among them, and the meer vigilancie over Trade, that is observed by them:
For, If the Nature of those Courses, which they have taken and pursued for the Incouragement of Trade, bee looked into and considered (as they are obvious to any other that will pleas to heed them) it cannot bee imagined but they shall make any people great, rich and flourishing in Trade, that useth them; and therefore that they will do the like in anie other place as well as in
Holland
, if put in execution, especially, if it bee a place, as this of ours is, seated for Trade, and the people of the Countrie apt for it.
II.
It is presumed, That our Neighbors would not think it just, if wee should condemn them, meerly for the taking these good Courses for themselvs; or becaus they have given all Incouragements that were requisite to their Trade in their own Countrie: Much less then would they exspect, that wee should actually impute these things as Crimes to them, or ground hence anie occasion to Estrange our selvs, or make a Breach with them: Nor will our neighbors therefore (as it is hoped) take it more ill from us, if wee (having now likewise recovered our Liberties) see the Necessitie of providing for the Defence of this Common-wealth by Shipping (as beeing
Islanders
); or if wee take up som of the like Courses as They, for the Incouragement of Trade among us: VVithout which, indeed, Shipping can neither bee had, or mainteined; which now also to neglect, were a very great Carelesness, and would, indeed, bee rather a Reproach to us then otherwise; having been so well taught, even by their own Example and Practice, That
1.
It is by Trade, and the due ordering and governing of it, and by no other means, that Wealth and Shipping can either bee encreased, or upheld; and consequently by no other, that the power of any Nation can bee susteined by Land, or by Sea: It beeing not possible (as is humblie thought) according to the Cours of humane affairs, for anie Nation (having no Mines to supplie it self) to make it self powerful in either of these (that is, either Monie, or Shipping) without Trade, or a thorow Inspection into Trade, and the Cours of it.
2.
That it is by a Knowledg of Trade and Commerce, and the Cours of it, that one Nation or State know's perfectly how to straighten and pinch another, and to compel a Compliance from them, which may bee, either By debarring or deriving the Cours of som necessarie Commodities from them; as for War, for Shipping, for Food, &c. Or By obstructing the Sale or Vent of the Native Commodities belonging to them: Or By weakening them in their Shipping, and dreyning them by degrees of their Treasure and Coin.
By any of which Courses, if not spied, or (when spied, if) not able to bee prevented, a People or Nation must at length bee straightned and subjected: And every one of which Inconveniencies wee were very manifestly liable unto (as appear's by the foregoing Narrative) through the Advantages our Neighbors had over us, and through the Wisdom of those Courses they had laid in their Trade with us: VVe beeing so near pinched, that it had been very hard, fairly to have wrested our selvs out of the Nets of our Neighbors, had
Sweden
been as much shut to us, as
Denmark
; and that the King of
Poland
likewise could have exercised his Arbitrarie Power on us at
Dantzick
: And had not (at length) that Cours about our Shipping and Navigation been so happily and timely established by the Parlament; which, as the Necessitie of it could not suddenly bee so well judged of by those that had not considered or been acquainted with the substance of the foregoing Relation: So certainly, beeing laid upon so equal and Necessarie Grounds, if continued to bee exercised, It will bee a means, in som measure, to recover us.
For, besides what wee said of the Constraint, that for the foregoing causes, laie upon us, It must even, from the Primitive grounds of Reason, bee acknowledged, That a Common-wealth cannot bee enriched, nor the People thereof provided for, by any other means, then by reducing those very Courses into general Practice, which are used by Private men to that purpose. And Therefore as Private men, that buie and sell to sute the Conveniencies of others, as well as themselvs, do Constantly observ these, or the like Rules:
1.
To buie at the first or best hand, or there, where they may have the Commoditie cheapest. Answerable to which, Is, To fetch Commodities at the immediate places of their Production or Growth, or as near as conveniently may bee.
2.
To carrie Commodities to places where they are most needed. Answerable to which, Is, To send all Commodities Native or other to their farthest, or utmost Market, where they are probable to yield the greatest price, and have the quickest sale.
So these Canons and Rules must bee as inviolably observed also by any Nation who will pretend an Interest, hope, or benefit from Trade: otherwise they may just bee reproved of less Care and Knowledg, then common or ordinarie Shop-keepers. Which Rules, notwithstanding, are not to bee pursued by any State, nor can bee imitated by any Common-wealth, without giving all the possible Indulgence and Incouragement, that may bee, to their Shipping.
And this whole state of things, and these reasons that have been produced, beeing therefore all of them duly and equally considered, It is hoped, little will remain of Dis-satisfaction (or Objection upon us) about the
Parlament's
late Act for the Incouragement, and Increas of our Navigation; Which was, indeed, the Thing principally propounded to bee here Argued, and the Censure of which is therefore freely Submitted.
FINIS.
A DISCOURSE, SHEWING The many Advantages which will accrue to this Kingdom by the abatement of USURY TOGETHER With the Absolute necessity of Reducing Interest of MONEY to the lowest rate it bears in other Countreys, That, at least, we may Trade with our Neighbours upon Equal Termes.
HUMBLY Presented to the HIGH COURT OF PARLIAMENT Now Sitting.
By Sir
Tho. Culpeper
jun. Kt.
LONDON
, Printed by
Tho. Leach
, for
Christopher Wilkinson
, at the
Black-Boy
over against St.
Dunstans
Church in
Fleetstreet
, 1668.
The heads of this Ensuing Discourse concerning Abatement of Interest, are these:
1.
IT will supply his Majesties present Wants, Even by a Land Taxe, (if better expedients be not offered) which both the Landlord and Tenant may afford (once more) to admit, being Eased and Recompensed another way; The Usurer (who could never yet be Taxed to any Purpose) in effect,
contributing
equally with him.
2.
It will, in a short time, double, if not treble, the Yearly Fruit and Product of our Lands, (the only solid Basis of our Wealth and Trade,) By enabling, encouraging, and even enforcing Improvements of all kinds: VVhereby we may afford to under-sell our Neighbours, who now under-sell us.
3.
It will revive our dying Manufacture, by making the Stock of it cheap, and the Market quick.
4.
It will plentifully relieve the Poor, by setting all our Heads and Hands on work; In the Countries for improvement of Land, In Cities and Towns by the way of Manufacture and Trade.
5.
It only can prevent the fatal Destruction of our Timber.
6.
It will pay the Debts of the whole Gentry, by timely Sales, and yet leave them (one with another) better Estates than now they have
7.
It will make Money so easie to be borrowed, That even the Lender must shortly pay the Broker and Conveyancer
1.
By Diminishing the Number
Of Borrowers.
2.
By Clearing the Incumbrances Of Borrowers.
3.
By Enlarging the Security
Of Borrowers
8.
It only can re-build
London
, Profitably as to the Builder, speedily as to the Publick.
Lastly, It will inviolably establish the Crown of
England
,
1.
By the Advancement of all his Majesties Revenues.
2.
By the Welfare of all his Majesties Subjects.
3.
By making Land (which is in safe hands) the overballancing Scale of Wealth and Power.
The PREFACE.
ITis now about 45 years since, (
viz. 21 Jacobi
) That my deceased Father, (being a Member of the Parliament for that year) first attempted the bringing down of Interest from ten to eight in the hundred; And published a Discourse thereupon; Wherein his endeavours, (assisted by many Patriots of that time) so well succeeded, That a Law was then made for that purpose.
It passed with all the Opposition imaginable; And nothing was left un-objected, or un-answered, which the Wit of Man could devise; For it was an un-trodden Path, and must be hewen out by dint of Reason; In regard none of those Arguments, wherewith Experience hath since happily furnished us, in great Plenty, could then be produced.
At the Passing of it, he hath often told me, That a Member of that Parliament, of as great Authority and Esteem as any then sitting, and a principal Opposer, spake to this effect; That though he could not protest, yet he desired, It might be remembred, That he had foreseen and foretold the Inconveniences that would ensue; To which it was by my Father replyed, That he desired, it might likewise be remembred, That he had prophesied the many happy Effects of it, (
viz.
) To the King, in the Improvement of his Customs: To the Landlord, in the Advancement of his Rents, and Price of his
Inheritance
: To the Marchant, in
quickness
of his Trade, and benefit of his Returns: To the Borrower in the Ease of his Condition,
&c.
And Issue was joyned concerning his Majesties Customs of Exportation, as a measure of all the Rest: Not many years after they met again, And my Father pleasantly asked him, whether he had lately been at the Custom-house, which he, as readily apprehending, most ingenuously yeilded the Cause.
Soon after this, there was a long Vacancy of Parliaments, till the Year
1640.
At which time, my Father (being strengthned with success, and further incited by Intelligence from
Holland
, that they had there newly abated their Interest) set forth another Treatise to evince the necessity of reducing Money from Eight to Six; The Ground-worke whereof was; That, till wee brought Interest to the same rate with the
Dutch
, our design was lame, And our Grand Competitors would still have the start of us: The Business was ready for the Mint, and would certainly have passed, but that it was intercepted by unnatural discord.
Hitherto, the Necessity of it did not so visibly appear; It was, as yet, but convenience; For the
Dutch
had then their hands full of their War with
Spain
, which (though prosperous enough) was some Curb to their growth in Commerce;
Germany
was so harassed and embroyl'd, that it could neither Trade nor Till;
France
so exhausted, that it bought of us much more than it sold;
Sweden
a meer limb of the
French Interest
; Wee alone (sitting under the shadow of our own Vines,) might afford to give them all great Odds; For all the Markets of the VVorld were full of our Growth, and thin of theirs; The Kings Customs upon Yearly great advancement; The Gentleman dayly raised his Rent, yet duly received it, which the Farmour cheerfully paid, and the Marchant (their Factor) thrived with his Principal: Our Land was yearly improved, and with it our Manufacture increased; Our Poor generally employ'd, and not turned a Charge upon the Land; Our Debtors dayly cleared themselves, either by sale of Land, or fortunate Industry; so as, in a short time, there would have been no decay, no leading into Captivity, and no complaining in our Streets.
Betwixt
1640 & 1660.
was a vast Gulf of twenty years ruine and distraction in this Kingdom; During which time, (not to mention our own Declination)
viz,
Anno
1647
, happened the Peace at
Munster
, whereby the
Dutch
, (being unmolested, and secured from
Spanish
pretence) were at leisure to intend their Trade, and undermine ours:
Germany
hath had time to re-people, re-build, and re-plant:
Sweden
is become an independent Power of much weight in the ballance of Christendom: And
France
, first making Peace with the Emperour, then with
Spain
, (by the Soveraignty of its Dominion, the largeness and compactness of its Territory, and the
Preheminence
of its Soyl and Climate) is, in a few years, become dangerous to us all.
Anno
1652.
The Grandees of that
Junto
found themselves in a dangerous Dilemma; For, as, on the one side, they saw, That, without encouraging Trade and Navigation, their new Machine of a Commonwealth must soon fall; so neither, without the utter Oppression of the Nobility and Gentry, could it long stand; They therefore, (for the present Exigence,) contrived an Expedient, by continuing all the Burthens upon Land, and abating Interest to six
per cent.
They meant no question, (when they had once accomplished their Purpose of ruining their Enemy the Landlord) to bring it lower; As yet it was not seasonable; For scarce any Land-taxes, with very low Interest, would greatly and suddenly hurt him: But sure they were short-sighted, if they did not see; That Land-taxes would destroy Trade, though not so immediately, yet as effectually as high Interest; And that, if, by embasing our Land, we discourage its Improvement, we nip our Trade in its very Bud.
Anno
1660.
His Majesty being happily restored, and the Kingdom settled, my Father, forthwith, resumed his design of further abating Interest, as the greatest Blessings both to King and Kingdom: But my Lord
Culpeper
dying, (who, he knew, had the same thoughts, and through whose assistance only he hoped to effect it,) he soon gave it over, Finding, (as he said,) That the World was then intent upon other Game than trade, and despairing, that himself should live to see it: Yet, before his Death, he recommended the Prosecution of it to me, (His Executor,) together with the Payment of his Debts; Adding sometimes in jest, That the Userer and he were not yet even, for he had only scratched the Userer, the Userer had stabbed him: But he hoped, he might, (without breach of Charity) will me, if I could, to revenge his Quarrel, by doing good to the Userer against his will.
Accordingly he made it the main drift of his private discourses with me, in the last Period of his Age, (being
87
years old when he dyed, about six years since) to arm me for his Encounter, by possessing me not only with the evidence, but the importance of the Argument, by telling me frequently, That when he was forgotten, it would be revived; That he wished it were not too late considered; That it would at once reform a thousand Abuses; That he did not see how a Register could be, till low Interest first made way for it, by clearing Incumbrances: That he marvelled Sir
Walter Raleigh
, who wrote so many notable things
concerning
Trade, Navigation, and Fishing, never harped upon this String; That he could boast to have been happily instrumental in the recovery and preservation of many thousand Acres
of
excellent Marshland, but to his own loss, by unhappily exposing himself to the Canker of Interest; That Interest being high, borrowing chargeable, and all the burthens laid upon Land, it was time for Gentlemen in debt (if they meant honestly) to Wear Linsey Woolsey, and Eat Eggs and Sallets, to which we must all come by degrees, for so the wary
Spaniard
in a barren Country supports himself
against
the extremity of Taxes.
The same Year,
viz, 12 Car. 2.
(Six per Cent. being then generally practised) That Convention holding it necessary to continue the said practise, confirmed it by a Statute, Entituled
An
Act for restraining excessive Usury
; the Preamble whereof is as followeth.
Forasmuch as the Abatement of Interest from ten in the hundred, in former times hath been found by notable Experience beneficial to the Advancement of Trade, & Improvement of Lands by good Husbandry, with many other considerable advantages to this Nation: Especially in the Reducing of it to a nearer proportion with other States, with whom we Traffique. And whereas, in fresh memory, the like fall from Eight to Six in the Hundred by a late constant practice, hath found the like success, to the general contentment of this Nation, as is visible by several Improvements; And whereas it is the endeavour of some at present, to reduce it back again in practice to the Allowance of the Statute still in force, to Eight in the Hundred; to the great discouragement of Ingenuity & Industry in the Husbandry, Trade & Commerce of this Nation. Be it therefore, &c. Confirmed 13 Caroli 2. Cap.14.
After my Fathers Decease, I endeavoured what I could to propagate so fruitful a Plant, and try if it would grow at
London
, which I take it, is not so far Northward as
Amsterdam
; But for want of Eloquence, I found my self always contradicted and foyled, though, I must needs say, never convinced.
The most Popular Argument I met with, was this, That Eight per Cent. were far more seasonable in our scarcity of money, since,
1.
High Interest brings money.
2.
Money brings Trade: To the first of these propositions I could have answered, that the money mentioned must be either Gotten, Given, or Lent: Gotten, I fear, it cannot be at Eight per Cent. Because I see, that, even at Six per Cent. our wisest Traders, (who, both by their stocks and Experience, are best able to manage Trade) dayly decline it, and betake themselves to Interest, as a more steady Income, leaving younger men, (who commonly are more Sanguine,) to feast themselves with hope, and buy their Experience: Given, I doubt, it is not, for I hear of slender Charity now stirring: If it be Lent, it must be repaid with greater Interest than the Use of it will yeild, and that marrs all. To the Second I could have shewn the vast difference, where Trade brings Money, as it doth in
Holland
, and once did here, and where Money brings Trade, as it doth still in
Spain
, But I found, the torrent was not to be stem'd, and so reserv'd my purpose for a calmer season.
By this time the War with
Holland
was begun, and all Discourses silenced with the sound of Canon; the event whereof was neither so good as we sometimes hoped, nor so bad as once we feared, but compounded of strange Disappointments and Deliverances: Of all which, the most profitable use we can make, is this, That though we prevailed sufficiently by Blows and Booties, yet we were first wearied with the Expence.
And no marvel if we duly consider the vast dis-proportion of our Respective Charges; For
3
to
6.
or
4
to
8.
bears the same Analogy as
30
to
60.
or
40
to
80.
Now, if the States by Commanding money at four per Cent. could in Building, Rigging, Victualling, Paying, &c. do that for
40l.
which must cost his Majesty
80l.
(and I wish he had money so cheap) I suppose, (the forces being otherwise reasonably ballanced) scarce any goodness of Ships, Valor of Seamen, or Advantage of Scituation and Ports will countervail such Odds.
Some Months after the Peace was proclaimed, presuming that our late Experience, and present Exigence could not but conduce to my design, by disposing many, who were averse, to receive Impressions contrary to their former Judgements, and affording me, (at least) some illustrations, I went to
London
with full purpose to promote it, but found my self happily prevented by one Mr.
Child
, a Merchant, of known abilities in Trade, and choice conversation; who (rising as it were out of my Fathers dust) did, by his own sagacity, find out this hidden Vein; and lighting afterwards, by meer chance, upon one of my Fathers Treatises, modestly reprinted it with its proper date, and annexed it to his own excellent Treatise, entituled,
Brief Considerations concerning Trade, and Interest of Money
; Whose honest endeavours for his King and Countries service, I am bound to assist with my utmost skill and power; and in pursuance thereof, have composed this Tract, which, with all humility, I present to Your Wisdomes.
Propos. 1.
It will supply his Majesties present wants, Even by a Land Tax, if better Expedients be not offered, which both the Landlord and Tenant may afford once more to admit, being eased and recompensed another way. The Usurer (who could never yet be taxed to any purpose, in effect, contributing equally with him.
I Presume, there are few Englishmen so disloyal to their Prince, or, at least, so
treacherous
to their Country, who do not wish, that his Majesties real Occasions might be speedily supplyed, and his Majesty thereby enabled fully to perform the Covenants on his part, in that important League, which he hath lately made with his Confederates, for mutual preservation, & the Common Peace of Christendom: All will agree, that his failer therein must needs turn, not only to our Publick Reproach, but to our irreparable damage; That therefore Monies must be granted in Proportion to the Exigence (how great soever) As even the poorest man will not spare a Fee to the Counsellor or Doctor, when Life or Freehold are at stake: the only Disagreement then is, where they shall be raised.
The most probable expedients I have met with in Discourse (beside a Land-tax) are Forein Impost, Domestick Excise, and Subsidies: Forein Impost (well placed) might, at another time be very proper, to encourage thrift, and retrench superfluity; but
London
in its present sad condition, may too much feel it; The Merchant professes he is scarce able, now, to defray the Duties, and expect a contingent benefit, What then shall he do if his Disbursement be greater, and his Sale more difficult? Domestick Excise in a thriving State hath no fellow, It carries no Compost from the Soyl, and even the Labourer pays it cheerfully when work is quick: But how it may pass in Countries, where the Wheele or Plough stand still, is somewhat hazardous: Subsidies have been lately found unequal, and seldom answering the Design; so as, if our occasions should again be urgent, or our Levies very considerable, We are almost cast upon the Rock of a Landtax, as only responsible for great, or present supplies.
But, can the Land bear it? Surely No, if it be not limited to the present distress, and sweetned with some Recompense: Alas! Land is at its last Gasp, and ready to give up the Ghost, without a powerful Cordial: Most Parishes can already present some Farms wholly deserted, Neither Tenant being willing to hire, nor Owner able to stock them; Many stocked but to halfs, most to loss: Besides, Land is like the heart, from which all the other Members must receive their Life and Vigour; Great reason therefore have we to cherish our Land, unless we will reduce our selves to the state of a meer Colony; which would manifestly end in our Desolation and Conquest.
But were the grand pressure of Usury mitigated, we might, once more, endure this Burthen; nay, I dare say, cheerfully support it; it would, indeed, hazard to sink many, who pay Interest and Taxes too, if they were not as much relieved one way, as they are charged the other: As for those, who are out of Debt, they may do well to entertain themselves with the contemplation of a future Recompense, in the value of their inheritances; As Gentlemen are sometimes pleased in a mean dwelling with a fine Prospect: Thus all honest Interests may be preserved, and the Publick accommodated.
It hath alwayes been a received Maxim, That our meer Consumption can scarce be too heavily excised; Then tax Usury, there is no Consumption like it; Excise the Excise-man, for Usury is the grand Excise upon our Land and Trade; If he plead, That Gallants are consumers as well as he, truly, I hope, there are but few of our Gentry, who do not some way deserve their Diet of their Countrey; But, if such there be, they commonly prove but fry to the Usurer, who devours them all.
But, methinks, I hear one ask me, What? Will you never have done? Cannot you afford him Six? For shame, let the poor man live in his Calling, as your self and others do.
Answ.
I perceive my mistake, for I knew not Usury to be a Calling before, and am sorry now to hear it: I wish, he may not thrive in his Calling, for if he do, I am sure his betters cannot in theirs; And yet, I hope, I wish him no harm; For I love his Person, though not his Profession, and would fain perswade him to turn honest Free-holder, or industrious Tradesman.
II. It will in a short time double, if not treble, the yearly fruit and product of our Lands (the only solid
Basis
of our Wealth and Trade) by enabling, encouraging, and even enforcing Improvements of all kinds, whereby we may afford to undersel our Neighbours, who now undersell us.
THe Improvement of our Lands, as it is the proper
Basis
of my Discourse, so is it the only solid one of our Wealth and Trade; and whosoever goes about to lay any other foundation, builds upon the sand: for Traffick without it, is but consuming and borrowing, wherewith we may swagger for a while, But mark the End.
We have little hope left us, I suppose, of making the Growth of any other Countrey our Own, when we can scarce afford to manage our own growth, whether English or that of our Plantations, the
Dutch
dayly more and more underselling us, even in those Commodities which they buy of us: If the culture of our Land should likewise fail, we were (for ought I know) already in the same condition with
Ireland
, (perhaps worse) that Kingdom being reported naturally more fruitful than this.
Here give me leave briefly to observe and insert the visible decay of our Lands in this Kingdom, under the forementioned pressures; which is such, That, to the great disparagement of our Soyl, we are forced already to play at small Game, and cannot afford
Ireland
the priviledge of breeding Cattel for us. Were our Pastures but tollerably mended, that Kingdom were as convenient a Nursery to this, as
Holstein
and
Jutland
, &c. are to
Holland
, and so that great Controversie might be happily reconciled to our mutual Benefit and Preservation.
For every Countrey is so far forth considerable as it is manured and no farther: Whereby an improved Parish becomes oft-times more worth than a neglected Province: I am not sure, Whether
Holland
alone would not now sell for more than
Asia Minor
, which once contained so many flourishing Kingdoms; But sure I am, there are many Millions of Acres in that and the adjacent Countreys of
Syria, Palestine
, &c. which before their Conquest by the
Turk
, were worth from 20s. to 10l. but could not now be letten for 6d. the Acre, and yet the Land the same, nay the better, (one would think) for long resting.
Now the Reason of all this is nothing but the embasing of the Land, which, whether it be done by War, Tyranny, Taxes, or Usury, all is one in effect, they differ only
gradu
; as some diseases kill sooner, and some poysons work slower than others: For if once the Land groan, it first becomes not worth manuring, and soon after, not worth possessing, by the infinite Progress which hath been alwayes observed both in Poverty and Wealth.
If then our Land begin to groan under six
per cent.
as it cannot be denyed, when our most ingenious and industrious Farmers dayly fall under it, and six
per cent.
only thrives, let us no longer desperately proceed, and expect the last Event, but rather, knowing our Disease, let us, in time, look out for the Cure.
Certain it is, That, in few places of this Kingdom, we want either a Soyl capable, or good convenience of Im provement in some degree; For, that our barrenest Lands might be mended, if it would quit cost, I need go no further for instance, than
Black-heath
; The doubt is, whether it will answer Interest, which, at once, augments the Charge, and shrinks the Value: Now, to me, it is clear it will not, where I see nothing done; For Profit, as it will not be compelled, so it needs not prompting.
We see, the Stock annually employed even in the ordinary culture of Land by ploughing or grazing, for the most part far exceeds the yearly Rent of the Soyl; so as every Farmour hath two considerable Rents to pay,
viz.
to the Landlord for his Land, to the Creditor for his Stock: Like two Buckets, the latter falling, the former, in reason, must rise, or rising fall: If then his Crops, computing hazards, (for the best and worst cost him alike) will not keep his Family, and answer forbearance, (as surely they now do every day worse and worse) the Landlords Rent must in time fall to a Pepper-corn, and the Tenant be reduced to Rags: Nay, if the Land be naturally very poor, no man can afford it ordinary Culture or Stock, but to his present undoing: Upon which Account, much of the Land in this Kingdom proves deceitful to the Farmor, and (thereby) perhaps, burthensom to the Commonwealth.
But were the Charges lessened by low Interest, and the Value doubled, what might we not expect from Industry so armed? Or who would longer think of three
per cent.
when, by purchasing and improving Land, he might make above ten.
We might then, in few years, have double, (if not treble) Crops of Arable and Meadow; The same Land would be brought to feed at least double the Stock; Those ex cellent advantages of sewing and flouding, whereof so much Land every where is capable, would no where be omitted; Commons would be no longer undivided, nor common fields un-inclosed: All which are now neglected and upon decay, because the Cost being commonly great, the forbearance long, Interest of money and thraldom of debt intervening, the unfortunate improver, by common fate, gets only the credit of a Bankrupt, and title of a Projectour, and six
per cent.
passes for the wise man.
When we had once gotten ground, as our Crops encreased, so would the Compost yearly improve, like Interest upon Interest; our Pastures, once mended, would manure themselves to that Degree, that our Stock would not only multiply in number, but, with time, even mend in the Breed.
Plantations, which are now, in effect, confined to four or five Counties, and there but thin, would soon become general; A benefit scarce understood, or, indeed, credible: For besides the fruit, (which oft-times yields more in value upon one Acre, without charge, than many Acres of the best Tillage,) the Pasture likewise, if the Trees stand not too thick, is rather bettered: All these and many other felicities we forfeit, meerly because they will not answer forbearance at six
per cent.
which, (as they say of horses,) eats when we sleep: And little we see now a dayes performed, without the concurrence of great Activity, with as great a Purse, which seldom meet.
Many contrivances there have lately been, and some attempts, for the wonderful convenience of Inland Navigation in many parts of this Kingdom, which would improve all our Improvements by the frequency and fulness of our Markets; The like noble designs have been and still are on foot, for the recovery of many of our lost harbours, the preservation of those in decay, and the enlarging of divers commodious Creeks, to the publick safety, and the vast encrease of our Wealth and Power; but, alas, there is little hope of such undertakings, the very trial of them is so costly, and the Shipwracks upon that coast so many, and dreadful; For it is a common Observation, That projects seldom fail in
Holland
, nor take effect here, which, by gross mistake, is imputed to their ingenuity, being indeed, the natural consequence of low Interest; Were the rate of our Stocks equal, I doubt not, but these and many other publick works would soon be atchieved as well here, as in the
Netherlands
, since the success would then be more gainful, and the miscarriage not so fatal.
Much hath been propounded, and somewhat experimented, for planting of Fir-trees, Chesnuts, &c. for raising, or encreasing of Liquoras, Saffron, Madder, Woad, and other rich Commodities in this Kingdom, where we have proof enough that they will thrive; For producing of Wines, Silk, Spices and Drugs, in divers of our Plantations, where the Climate is the same with those Countreys, where they prosper most; But with slender effect, for, asking as they do, considerable charge and forbearance, they can never succeed, whilst our Stock is at six
per cent.
and the Market prepossessed by those who have money at three.
Now, if it be alledged, That it were in vain further to improve, unless we had better vent for our present Growth, This, I say, is, in effect, to maintain, that so the Land be tilled or stocked, no matter how it yields: On the contrary, do we not see, That it is the Crop, which pays Rent, and thrives? Had we such constant yield, as we might, at worst, be savers in selling at the Market price, (which encouraged Improvement would probably produce,) We might well defie all interlopers: Besides, I dare say, the
Hollander
would soon be weary of engrossing, if our Farmour could as well forbear to sell, as he can afford to buy;
Joseph
himself could not have engrossed without
Pharaohs
Purse.
But, alas, by the single want of this Encouragement, we now turn even Gods goodness to our great disadvantage, being oftener choaked with Plenty, than pinched with dearth, though commonly we suffer both wayes in the Revolution of a few years.
Obj.
But, when money was at eight
per cent
, did not men thrive faster, improve more, and were not Rents better paid than now? Therefore abatement of Interest seems rather to be the cause of our decay.
Answ.
1.
Our chief Rivals in Trade the
Dutch
, have of late much abated their Interest, and our dangerous neighbours the
French
have and still do greatly improve their large and fertile Countrey, to our certain ruine, if we keep not pace with them.
2.
Our late distractions have helped much to cast us behind hand.
3.
The number of borrowers, and those the most eminent, is so encreased by our late Oppressions, that six
per cent.
is become to many the least part of their charge.
4.
The continuance of Land-taxes, with those of the Militia and Poor, by clogging the Land (money scaping) have, alone, worse than doubled our Interest, as may appear by this sad effect, That besides the fall of Rents, Land now sells at least two years purchase cheaper than it did, when money was at eight
per cent.
So as indeed, one would marvel that any have of late adventured to improve at all, against so many and great discouragements, as I fear few have done to their profit; And, I dare boldly affirm, That were money (withal) still at ten or eight
per cent.
our best Mansions and Farms had ere this almost all stood empty, (as even now too many do,) and the Counter had been much fuller than the Exchange.
Upon the whole matter, it is clear, That, were Interest reduced, and Land-taxes abolished, (as God forbid, but they should) Land must, of its own accord, soon double in Purchase, and then no cost could be bestowed upon it, without abundant Recompense.
III.
It will revive our dying Manufacture, by making the Stock of it cheap, and the Market quick.
WHen we have raised the value of our Lands, and augmented their Product, we have laid a good foundation; But that expects likewise a building, and Manufacture is the first story; For as Trade, without improvement of Land, with us would be abortive, so without Manufacture, it must starve at Nurse; Indeed, it is a wonderful advantage to us, to have the first Materials of Trade of our own growth, and consequently much cheaper than some who must buy them, perhaps of us: Yet if we rest here, we come far short of our Design; and can be neither rich, powerful, nor indeed safe; For, besides that we shall lose those wonderfull advantages of Trade, which our many excellent Ports, Scituation and Genius would afford us, And, (through our own default) quit and forfeit the dominion of the Sea, It is too evident, That divers of our Neighbouring Countries (by the benefit of more Sun-shine) do not only produce richer Commodities than we can raise, but must, if they likewise fall to improvement, (as I fear they may, and hear they do) probably exceed us in our own Crops: Without Improvement of Land, we perish, and truly, if we second it not with Manufacture, our condition may yet be sad enough.
For Instance, in former times, though our Land yeilded us plenty of Victual, and sometimes a goodly Overplus of Wool and Hides to sell; yet, for want of Manufacture and Trade, Ships we had few or none [though Timber enough] But were forced to buy or hire them of the
Easterlings
, or
Flemmings
, for the transport of our Armies, and Convoy of Provisions, We atchieved little but by meer valour, at great Odds both of Number and Equippage, nor subsisted but by pure thrift; If now we should do so, What would become of us?
This the
French
King hath lately spied, and therefore now drives, like
Jehu
, to accomplish his design of Trade, but especially of Manufacture: Knowing, that thereby, he shall enrich his own People, weaken his Neighbours, and so advance his Revenues, (already vast) that scarce any thing will be too great for him to attempt; And a fair Progress he hath surely made, since we are told by all who have lately been at
Paris
, That late Walking in the Streets is already become as safe there, as at
London
, and their Roads as little infested as ours; A manifest sign of a thriving State where such disorders cease, For if Laws could suppress them, it is well known, both their Laws and Executions were severe enough before; If so, it is methinks, a seasonable alarm to us.
Manufacture, Trade, and Navigation (for they concenter) is now the Mistress of the World, courted on all sides; Once we had few or no Rivals, that we needed to fear; We might then afford to be somewhat extravagant; We have now many, and are therefore more bound to our good behaviour: I dare boldly say, That thirty or forty years since, we might better manage all our affairs, at eight or ten
per Cent.
than now we can at five.
Do we not see, That at Six
per Cent.
our poor Artificers and Tradesmen (who surely, were they cherished, would bring most honey to the publick Hive) without improvidence, fail in great Numbers, to the fatal discouragement of others? Such as have any thing yet left (finding small sweetness in that flower) wisely turn Drones, and by betaking themselves to Interest, starve their fellows: It needs no long Enquiry, where this must end, as little, whence it proceeds; since, when our Artificer hath worn out himself with toyl, the Foreiner, who hires his money at three or four
per Cent.
under-sells, and out-trades him, and our own Usurer, who lets it to him at Six, (sitting still) oppresses him.
Do we not see our Island surrounded with Seas as rich as the Mountains of
Peru
? And want we not Fish, even for a
Fridays
Dinner? Are our People therefore sloathful? Surely they are but discreet; for Experience hath taught them, that, at Six
per Cent
, (Fish they never so fortunately) they must be under-sold, abroad, by the
Dutch
, at home, by the Butcher.
Do we not observe, That, in most parts of
England
, there are great quantities of Land, which, by its natural goodness, or easie improvement, would bear Flax enough, which Flax, with its Manufacture, would produce Linnen, and at least save us one of our chiefest consumptions; VVill any man blame us if we make little? Alas, even the Shop stands in our Light.
Have we not in many places of this Kingdom, Iron Oare without end, with VVoods adjacent even to a Nusance, and competent Navigation? yet are we not in danger wholly to buy that Metal of the
Swedes
; who, by undervaluing both their Wood and Work, can afford it much cheaper? If any would know the reason, let him ask Six
per Cent.
VVhat shall I say? Have we not VVool (once styled our Golden Fleece?) Too much, I am sure, for our Profit, though, for our purpose, I fear, too little: Have we not Fulling-Earth, a Commodity as choice as silver, and peculiar to us? and yet can we almost afford to cloath our selves? Is it not our best Market to export them raw, even in defiance of Capital Laws? What account can we give but this? That though we were much better Gamesters than we are, and had better Purses now, than ever we had, yet we could not hold play with the
Dutch
at the Odds of half in half: so vain it is to cut Channels, without clearing the Outfall, and removing Damms.
I am not so well versed in Cloathing, to set down exactly the difference in value, betwixt a Pound of Raw Wool, and the same weight of Cloath in the Shop; Sure I am, it is vast, and all the Overplus, not only lost to our selves, but betray'd to our most dangerous Neighbours, by inequality of Interest; The same Reason holds throughout.
But I dare say, were this ballance even, we should soon clear our selves from the imputation of sloath: And, with due encouragement, and time, (for all fruit must have its time to Bud, blow, knit, grow, and ripen) should Spin, Weave, Forge, and even Fish, to as much profit as the best.
But how shall we do, will some say, for want of hands? First, I ask, How do the Dutch, who want them more? Next, I refer them to Sir
Walter Raleigh
, who makes it clear, That a flourishing Country can never want people, so long as the World hath any; And that, that which flourisheth most, shall not only stock it self fastest, but drayne its Neighbours; So attractive is Wealth and Trade: He that only observes, how Vermine leave the Empty Barn, and run to the Full; And how Cattle break all Fences to come at better Pasture, needs enquire no further.
And now, (waving the main dispute of the lawfulness of Usury) let me only ask the Usurer this sober Question, Whether he can find in his Conscience to ask more Profit for the forbearance of his Money, than the Borrower did or could reasonably raise by the Use of it; And whether even lawful Interest, (exceeding this measure) be not a kind of Extortion, since it is clear, The Law doth barely tolerate, not warrant, or countenance Six
per Cent
: And if he find it be, let him (at least for the future) content himself with such moderate benefit, as the Borrower, (Whether Gentleman, Farmour, Merchant, Tradesman, or Artificer) may cheerfully afford him.
IV.
It will plentifully relieve our Poor, by setting all our heads and hands on VVork, in the Countries for Improvement of Land, In Cities and Towns, by the way of Manufacture and Trade.
I Shall not need say much particularly for the proof of this Assertion: Whosoever reads the two precedent Chapters, and admits them, will easily agree, That if all our Lands were upon their Improvement in Tillage, Grazing, Draining, Flouding, Planting, &c. There could want no work in the Countries; That if all our stock of money, and Fruits of our improved Lands were put forth to the great variety of Manufacture, Trade, Navigation, and Building, there could be no idle hands (and consequently no Poor) in our Boroughs and Corporations; That, betwixt both, Beggery would dayly decrease, and in time vanish: As it hath done long since in
Holland
, where they had not such advantages as we.
Only, I cannot but lament the inefficacy of some of our Laws concerning the Poor; In not preventing rather, than correcting Enormities: He that is, indeed, weary of his life, fears neither Axe nor Gibbet; And to prosecute such by the Methods of Justice, I will not say it is like the Excommunicating of Rats, But, I am sure it resembles the Outlawing of Tories: Again, To compel men to work is not the way neither, unless Wages be propound ed, For Industry cannot be forced by Laws, it should be tempted with profit; or, at least, baited with a subsistence; since, in Policy, as in War, Paying and Punishing must go hand in hand.
If we ask Beggers, Why they work not, They answer,
No man hath hired us
: Examine such as hack Woods, or pluck Hedges, they say,
The Weather is cold, Fuel dear, and they know not where to earn a Penny
: Challenge the Thief for Larceny,
Hanging and Starving
(saith he)
are both but Dying
: Convict a Highwayman or Coyner, His Apology is,
I am a poor Gentleman, or an unfortunate Tradesman, that was neither bred to Dig, nor born to Beg
: None of these, I confess, are just Excuses; yet such Pleas they are, as comming passionately from the very bottom of the heart, would make the austerest Justice relent: If in lieu of stones, our Laws could provide them Bread, and instead of Serpents Fishes; That were the very Kiss of Justice and Peace.
Where such Provisions are not, in some measure, made, That People can, at best, expect but
Esaus
Blessing,
To live by his Sword, and serve his Brother
: A pregnant instance whereof we have in the
Hollander
; whose Industry and Fortune hath been, and still is in some measure served by most of his Neighbours, as Mercenaries, in his Wars.
V.
It only can prevent the fatal Destruction of our Timber.
OF what importance, the preservation of Timber hath been always judged to this Kingdom, will best appear by the Number of Laws which have been made to that purpose, though neither the want nor use of it was formerly so great or visible as now,
How little want there was of it, not only the Antient Prices declare (which forty or fifty years since, were so small, as scarce to answer charges, in places of remote and difficult carriage) but even the Prodigious waste in many of the Farm-houses of those times; Neither, indeed, was there then such use of it, as to threaten, (one would think) a future scarcity, Whilst our Buildings were few and mean, and our Shipping not very considerable.
Of late years, Trees have been every where cut down like Malefactors proscribed; The very face of some Countries, near the Sea,
Thames
and
Severn
, is so altered with it, That he, who hath not seen them in twenty years, would hardly know them; Yet our use of Timber must dayly increase, if either we will enlarge, or but maintain our Trade and Naval force, without which we are lost; and to have it wholly imported to us by Foreiners, were such a mischief as we may dread the very thought of it.
It is doubtless, a great straight we are in, even in this juncture; For either the Building of
London
must languish, or the choicest of our remaining Timber must presently fall, or we must buy it to our great Comsumption, And it is hard to decide, which we best could now spare,
London
, Timber, or Money.
However, Certain it is, That the present Age is so well versed in Arithmetick, as to compute, That scarce any Timber can be permitted to stand, but to great loss in the Forbearance; Whereby, All that owe Money, or marry Daughters, do but discreetly (if they may) to strip their Estates to the last stick; And we all know, how few Landlords are now exempt from both these conditions: So that one would almost marvel, how there should be any Timber left standing and thriving, where the reasons for felling are so urgent, and the encouragements for preserving it so slender.
But were Interest at a low rate, our Concernment could, in no regard, be so great: For since we see, the
Dutch
, having little Timber of their own, can yet afford, with Forein Growth, not only to supply their own infinite occasions, but even sell and build for others [their stock being at very low Interest] Why should we doubt, upon the like termes, to do the same thing? And far more profitably than they, having
Ireland
at hand, and our Plantations in Reserve; Where, if We can afford to fetch it, We have it for Cutting.
Neither do I Question, but that many Gentlemen [encouraged with small forbearance] would both be more carefull in places of good Vent, to preserve Tillowes and young Timber-trees, And [betwixt Ornament, Convenience and Profit] Plant new Groves and Tolles for Posterity; which they might well afford to do, even in divers of our Midland Counties, where the Buildings are, for the most part, Contemptible for want of Timber.
VI.
It will pay the Debts of the whole Gentry by timely Sales, And yet leave them [one with another] better Estates, than now they have.
THe General Incumbrance of Gentlemens Estates, of what pernicious consequence it hath been, and must be to the whole Kingdom, is obvious enough: To it we owe the Cessation of Hospitality, the Corruption of our Manners, the Ecclipse of Honour, and Contempt even of Authority; The Degeneration of our Blood, and supplanting of our best Families; To it the great Obstruction of our Commerce (by putting most of our stock, as it were, in Mortmain) and the Captivity of many honest Tradesmen; For if Gentlemen become insolvent, or but bad Paymasters, Tradesmen, who are forced to depend upon them, must be so too: And, I conceive, the Miseries of a Country (not yet Conquered) cannot be more lively exprest, than by saying, That the best of the Gentry, & most of the People are inthralled with Debt: It is therefore worth our while to get the Receipt, that will cure this Malady.
But, methinks, I hear Six
per Cent.
Object, You are all for the Gentleman; If you should abate Interest, what great matter would you do? Ev'n rob
Peter
to pay
Paul
; If the Gentleman be in debt, let him sell, and live within Compass; Thrift shall perserve him better than abatement of Interest:
Answ
, I confess, I am much for the Gentleman, because I think both the King and Kingdom are concerned with him: But I am likewise for the Usurer, And my main design is to make him a Gentleman too; which he may soon be with great advantage, By purchasing Land with his Money, and improving it so, As, betwixt his Improvement and Purchase, it will soon double in the value (A Gentle Robbery) Nay, if he continue Usurer, he may perhaps, in time, save as much in the security of his Principal, as he shall lose by the Abatement of his Interest.
Neither am I convinced, That the Gentleman (in this season) can sell when he will, But upon the same termes as Lean Horses are sold in
Smithfield
, or Quantities of Wheat in the Market, now Corn is cheap, which, though Usurers may wish, yet Freeholders have no cause to rejoyce in: As little do I believe, That, having sold, he can (with his clipt Revenue) live within Compass; Nay, if he have a Family, I dare maintain, That, with all his Providence, he can never provide for it; But, as rents are now paid, must soon incur a Relapse, And the best Husband can only promise himself
Ulysses
his Priviledge, to be swallowed last.
Least of all am I in love with this Notion of thrift, being rendred so necessary even to our subsistence: 'Tis time indeed to fast, if there be no meat; But sure that imports either Famine or Siege: For, Admitting such Parsimony, what shall become of Trade, his Majesties Service, and Revenues? Who shall build our Ships, Rigge our Fleets, and pay our Armies for publick Defence? If this be our only Sanctuary, I doubt, we are very unsafe.
But were Interest of Money considerably abated, All such Gentlemen, as are not already free of the Prison, would soon be free from it; For, admitting Debtors to owe (one with another) each a third part of the present value of his Estate (And upon that account, there will be, in effect, one third part of the Capital, dead and lopped off, as it were, from the Commonwealth) If then he that hath 600
l.
per annum
owe 3 or 4000
l.
Surely he may, (Interest being reduced) at least readily clear himself with the sale of 200
l.
per annum
; And his 400
l.
remaining shall not only, in a short time, advance to as much in the real value and Purchase, as the whole would have yeilded before; But his Pressure will be relieved, his Gangrene stopped, his Rents secured by the Ease and Encouragement of his Tenants, and his Estate must lie very unhappily, if his yearly Income likewise, with time, improve not.
VII. It will make Money so easie to be borrowed, That even the Lender must shortly pay the Broker and Conveyancer,
1
By dimishing the Number
Of Borrowers.
2
By clearing Incumbrances Of Borrowers.
3
By enlarging the Security
Of Borrowers.
TO make Money easie to be borrowed, we must make it plentiful in the Land; And that, I am sure, is only to be done by the Importation of Bullion upon the Ballance of Trade, Other Importation than this, (
viz.
upon Loan) is worse if possible then that of
Dutch
Cloaths, French Stuffs, Stumme, or Logwood, as bad as would be the bringing in and cherishing of Wolves again.
The only sound hope we have of importing Money this way, is by advancing the Manufacture of our own improved growth to such degree, as we may afford (at least in those Commodities) to undersel all our Neighbours, That so the
Spaniard
, in the
Canaries
, may not pinne his Wines upon us at his own rate, which we dare not refuse, Knowing, That otherwise he can have the trade of our growth as cheap, perhaps cheaper from others: And that even the
French
may not gain of us at least half in half in Commerce, and presently melt down the Monies so gotten [as I believe they have done most part of our Gold, least we should perceive how much we lose by the pernicious trade we drive with them:] If this were Effected, [which only low Interest can produce] Our Native Commodities [which, though not so fine & sumptuous as those in Southern parts, are yet more solid and useful] would redeem their value, and we might soon grow rich.
Obj.
But will
not
low Interest carry all our Money into Countries where more is given?
Answ.
1.
By that Rule, Those Countries, where Interest is high, should draw all the Money to them, whereas, I hear, they have very little:
2.
The
Hollander
were then dull indeed, who never yet discovered this Mystery; Surely the Fool hath had great fortune with it, For he commands more Money than some, that have twenty time his real Estate:
3.
Interest is now near double in
Scotland
and
Ireland
to what it is here; In the
Barbadoes
, treble; And yet I suppose, there are few Usurers [none that I have heard of] whom it hath tempted to dispose their Monies there, to so great advantage.
Obj.
But how shall we do for the Present? Commerce will be interrupted, and Borrowers undone, For men will not lend Money at low Interest, They will rather keep it by them:
Answ.
Twice before [to my knowledge] the Usurer hath set up the very same scare-crow; And now we fear it not, But rather hope, that, in time he may be perswaded to lend out of pure Charity:
2.
We know him too well to believe that he will be perswaded to keep his stock dead, and live upon the Main, if he can help it:
3.
When he hath done swaggering [which will not last above an hour or two at most] he will sit down, and consider his own behoof; And if he find a better vent for his Wares (as certainly he may) that Market he will chuse:
4.
He will have his choice of three, Purchasing, Building, and Trading; which are the proper Channels, into which we desire to turn the Current of his thoughts:
5,
Till he have resolved and fitted himself, he may probably, by agreeing with the Borrower (for their Interests I suppose may therein jump) the Law so permitting, continue his Money at the present Use; Or the Law it self may have a future Commencement, whereby both sides will have leisure to dispose of their affairs; And yet Debtors will in the mean time be somewhat relieved by the Prospect of it, in raising the value of Land.
Obj.
But what will become of Orphans, Widows, and other Impotent Persons, who want Judgement or Faculty to Trade or Purchase:
Answ.
1.
There are likewise Widows and Orphans, that have Lands; Who betwixt the Fall and Loss of Rents, and deduction of Taxes, do now suffer more, I fear, in proportion; And yet who ever dreamt of providing for them? Or judged it reasonable, that their Lands should be letten dearer than they are worth?
2.
There are yet others, almost without Number, well known to the Usurer; (for most of them are in his Books) who have Farms cast up to their great loss and are, perhaps, as little qualified for Husbandry, as any Widow or Orphan can be for Purchasing or Trade; And yet do Creditors commonly take compassion of such?
3.
If these be no answers to their importunity; They must know, That it is fair for them, if they be not Oppressed; They should not think of Oppressing others, which they now certainly do, By exacting more Profit for the Use of Money, than either Land or Trade will regularly bear.
It hath already been proved in the Precedent Chapter; That the Reducing of Interest would enable the Gentry speedily to pay their debts, by such timely sales, as should be to the Debtors comfort, and yet chiefly to the Creditors advantage; Were this done, and did the Kingdom but begin to flourish again, by Importing Money yearly upon Trade, Borrowers would soon be few, Exigents fewer; Mortgages would be Cancelled, Judgements and Statutes vacated by thousands, Estates would unawares recover their antient Simplicity, and the same Land would then readily pawn for double the Sum; Credit would no more betray both sides, as now it doth, The Debtor to Disappointment and Extortion, the Creditor to Pre-incombrance and hazard of his Capitall; but would be great and sound, even without a Register, (though that likewise may as naturally follow low Interest, as the thread doth the needle;) Whereupon it is more than probable, That such as shall desire to lend at the Rate established, (as I suppose not many wil) must pay the Reckoning, which for their Encouragement, will not be great.
VIII.
It only can Re-build
London
, Profitablie as to the Builder, speedilie as to the Publick.
IT is a common saying in this City, grounded upon too much appearance of Reason, That the Burning of
London
hath undone many, but the Re-building of it will undo more: For it hath been seriously computed, That, at the present or probable Rate of Materials, some of them being to be brought in by Foreiners, who may set the Dice upon us; Others to be procured at home, which the Exigence must needs enhanse: Others yet depending upon the Contingent Price of Coals; And Labourers (if not limited by Law,) growing unconscionable; The greater part of
Builders
will hardly so accomplish their business, as that they may afford to let or sell at the rate the houses, being built, will yeild; Many, I grant, who have full Purses, and happy Lots, will be good Gainers: What will become of such as Build in by-places, and borrow, is somewhat doubtful.
But were Interest at a low rate, whereby the charge of borrowing would be half contracted, and the value of Building doubled; None could build to loss, And we should unawares see
London
again.
IX. Propos.
It will inviolably Establish the Crown of
England
,
1.
By Advancement of all his Majesties Revenues,
2.
By the welfare of all Majesties Subjects,
3.
By making Land, (which is in safe hands) the Overballancing Scale of Wealth and Power.
I Suppose, it will not be denied, that if the charges of our Government and Defence should encrease, as they have lately done, and (for ought appears) must still do, by the dangerous growth of our Neighbours, and yet his Majesties Revenues should yearly decline, or not improve in some measure: Whereby Purging and Bleeding by Taxes, must be, as it were, our constant Diet; If, by the Encrease of our present distemper and decay, Most men should be ill at ease in their conditions, and through discontent secretly disposed to Faction, If the Nobility and Gentry (the known Supporters of Lawfull Authority in this Kingdom) should be so weakned in their Estates and Credits, that they could contribute little to the Ayde or Comfort of their Prince; We could not, with reason, expect, but that our Peace must soon be disturbed, the Government shaken, And, in time, the Kingdom ruin'd:
As
on the contrary, If his Majesties Income did far surmount his Expence, Whereby burthens would cease, and with them our factions exspire; If most Estates and degrees could thrive, and our Peerage and Gentry so redeem their lustre and influence, as to be again the Pillars of this goodly Fabrick; The Imperial Crown of
England
were established upon such a Rock, as nothing, now vi sible, could assault or mine: That all this would ensue upon the reducing of Interest to a very low Rate, remains now briefly to be shewn.
His Majesties Principall Revenues are,
1.
Lands,
2.
Customes,
3.
Excise,
4.
Hearthmoney,
5.
Tenths and First Fruits.
1.
His Crown Lands must certainly, (in proportion with others) be so improved, That, upon the encouragement of good Leases, the Tenants will afford to raise both their Rents and Fines.
2.
His Customs of Exportation, (whereof even our Parochiall Tithes are a kind of Modell,) must needs, with the encrease of our Fruits, and flourishing Manufacture, more than double; Let those of Importation shift for themselves: And then besides they would be duly and cheerefully payd, since stealing of Custome is the known effect of an unthriving Trade.
3.
His Excise, of it self a vast Income, Only maymed by the swarming of blind Alehouses, the breaking of Poor ones, and sharking of most, (when those, who now betake themselves to that calling as their last refuge, shall find other employments more profitable to themselves and the Publick, and none but responsible men sell Victualls or Drink,) would be perhaps, in time, more than trebled.
4.
Hearthmoney, by the encrease of Buildings, and the decrease of Poverty, would swell almost in the same proportion.
5.
Tenths and First Fruits, depending upon the value of Titheries, would partake of their Augmentation.
Of his Majesties Subjects, I have already shewn, That many will be relieved and gratified; It rests only for me to convince the three Great Faculties of their Benefit,
viz.
Divines, Lawyers, and Physitians.
The Clergy, methinks, have as great Interest in it as any, the Tithe of all Improvements being their Inheritance, which will flow in plentifully to them, without fraud or murmur, when the Farmour can well afford it: Such of them as are dignified, may, with satisfaction, encrease their Fines, whereof they can otherwise scarce expect, without Reluctancy, to continue the former Rates.
The Lawyer, besides a present Crop of Clients, which multitude of sales will bring him, may likewise solace himself in the future Encrease of Wealth, and Business, whereof, I dare say, he will likewise have, at least, his Tithe.
The Physitian drives a Generall trade with Mankind; And the richer the people be, the more and better Patients, I trust, he may promise himself.
Even the Usurer (if he be not of so savage a Nature, as to delight in Cruelty, or so envious, as to hate, that any should live beside him,) may find his wishes; For, doubtless, there is nothing he so greedily affects, as to Purchase, and become a Landlord upon his own terms; And what better can he ever expect, than, now, to buy Land, as he may, at twenty years Purchase, which he shall probably improve in the Rent, but may certainly, in some time, (if he please) sell again for thirty or forty, and so exchange his Chattel for an Inheritance of double Value? If yet the Interest of Goalers and Catchpoles must preponderate, our servitude is near accomplished, since we are already (it should seem) over-awed, and tongue-tyed. Lastly, The English Landlord, (who hath been crushed chiefly by the Rate of Interest, at once overtopping his Revenue, and undermining his Inheritance) will recover that Power and Credit in his Countrey, the want whereof was the source of all our late Miseries; And will be abler than ever, to serve and ayde his Majesty both with Person and Purse; How willing then he will be, I think, needs no Proof: For besides that Land, being visible and immovable, is most responsible to the Law; the Owners are likewise, for the most part, best Qualified for Blood, Alliance, and Education; so as, without some brack or controversie of title, it is scarce imaginable, how the Interest of the Land should at any time be severed from that of the Crown; That therefore which gives price and weight to Land (as low Interest can only do) must needs adde Vigour and Splendour to just Authority.
The summe of all is This, Should
England
now again be seriously weighed in the Ballance with most of its Neighbours, (as once it was in jest,) We should, I fear, find our Scale lighter in proportion to them, than we think: For that our Land hath lost of its weight is too demonstrable; Even by the Old Rule,
Tantum valet Quantum vendi potest
, which seldom fails: That many of our Baggs are missing, is no lesse visible: How others have lately thriven, may deserve our first Enquiry; Next, how our own substance hath wasted: If it be found, that this secret Venome hath even consumed our Marrow, macerated our Flesh, and shrunk our Sinews; And that the Expelling or qualifying of it would yet soon restore us, with advantage to our former soundness
and
substance, I hope Usury (such Rate of it, I mean, as manifestly oppresses both our Rents and Traffique) will not hereafter find an Advocate:
For who is he that would [if he could] uphold the wretched Interest of thriving, by his own sloath, his Neighbours Bondage, and his Countries Ruine
.
FINIS.
POSTSCRIPT To the READER
I Cannot but take notice of an Opinion now generally swallowed and digested, (though to me, I confess, somewhat strange,) that the Usurer hath acquired a wellgrounded Property in the rate publickly tolerated, so that he may as conscionably make the best of his Money by Loan, (at least so he incur not the Penalty of the Statute,) as the Landlord may do of his Land by letting: Whereupon he surmises, That in being abridged of his Interest, (though with great reason, and by just Authority) he shall be wronged, and dispossessed of an undoubted Right; For so indeed the Land-Owner might reasonably think, if the Rents of Land should be limited by Law.
I could heartily wish some men would consider, That bare toleration certainly imports disallowance, since we cannot with reason be thought to approve what, (for other consideration) we purely dispense with, As in the case of
Curtesanes
at
Rome
, whom the
Pope
protects as a Prince, yet condemns as a Prelate, That they would seriously reflect upon the heavy censures of the Church in divers Ages against Usurers, which did ever put them in the highest Rank of Excommunicated Persons, To whom the comfort of the Sacraments, with the priviledge both of Church and Church-yard was denyed, And they disabled to make Wills, &c. That they would compare those Canons with several of our Statutes concerning Usury, made both before the Reformation of the Church, and limitation of Usury, and since: They might then perhaps find the case not altogether so clear.
Before the Reformation of our Church, and limitation of Usury, (
viz.
) 3.
H.
7. Cap. 6. It was ordained, That all Usury shall be extirpate, &c. Also, 11.
H.7.
Cap.8. He that lendeth his Money upon Usury, or maketh any Bargain of Lands or Goods grounded upon Usury shall forfeit the one half thereof: And the Statute 37.H.8.Cap.9. even in limiting it declares it to be unlawful, and only therefore limited in order to the Repressing of it.
Since the Reformation and Limitation,
5.E.6.
Cap.20. Repealing the Law whereby it was limited, Enacts, That no Person shall lend or forbear any sum of Money for any manner of Usury or Encrease to be received or hoped for, above the sum Lent, upon pain to forfeit the sum Lent and the Encrease, Imprisonment and Fine at the Kings Pleasure.
13.
Eliz.
Cap.8. Made to revive and reinforce the Law which limited it to ten
per cent.
having divers times styled Usury a Vice, and declared, That all Usury being forbidden by the Law of God, is sin and detestable, Besides the temporal forfeiture, provides, That Offendors may also be punished according to the Ecclesiastical Laws heretofore made against Usury. Made perpetual 39.
Eliz.
18
21.
Jacobi
Cap.17. Reciting the many mischievous Effects of so high Interest as ten
per cent.
(viz.) A very great Abatement in the Value of Land, and other the Merchandizes, Wares and Commodities of this Kingdom, the disabling men to pay their Debts, and continue their Maintenance of Trade, the enforcing them to sell their Lands and Stocks at very low Rates, to forsake the Use of Merchandise and Trade, and to give over their Leases and Farms, And so become unprofitable Members of the Commonwealth, to the great hurt and hinderance of the same, after the reducing of it from ten to eight
per cent.
Provides, that no Words in the said Act shall be construed or expounded to allow the practise of Vsury in point of Religion and Conscience.
Now, though some have, perhaps, of late discovered, [by what light I know not,] the weakness of our Ancestors in this Point; Or rather, in regard some must borrow, and others will not lend for Gods sake (subsisting, as we do, by Husbandry and Trade) It hath been found necessary still to permit a certain Rate of Usury, More moderate, than unconscionable Creditors, (despising Church Censures) might otherwise exact; Yet, surely, Princes are the more concerned, (both as Christians and Lawmakers) to Provide; That, at least, the Rate thereof be such, as may neither spoyl their Subjects Market abroad, nor make their Husbandry and Manufacture un-easie or unprofitable to them at home; For, in such case, the Rate permitted, (whatever it be,) will prove both a Canker to their State, and, in it self, little differ from Rank Extortion.
Licensed
March 9. 1667. ROGER L'ESTRANGE.
Is not the Hand of
Joab
in all this
? OR An Enquiry into the Grounds of a late Pamphlet Intituled, THE MYSTERY OF THE New-fashioned-Goldsmiths, OR
Bankers
,
&c.
AND Answering the
Exceptions
in it to the
Bankers Trade
.
Printed in the Year, 1676.
An Enquiry into the Grounds of a late
Pamphlet
Entituled, THE
MYSTERY
OF THE New-fashioned Goldsmiths, or Bankers,
&c.
HAving lately seen a Pamphlet under the Title of
The Mystery of the New-fashioned Goldsmiths or Bankers
, &c. I presently conjectured what I found it to be in the Reading; A prosecution of the design managed of late by so many clandestine whisperings of Jealousie into the Ears of unwary People, and the spreading of false and scandalous Reports, to bring that Breach upon the Credit of this famous City, (and by consequence upon the whole Kingdom) which so many of all degrees and professions have already felt no little of the evil of: The restless Spirit of this Author thinking scorn to reflect upon the most convincing guilt cast upon him by the many Ruines which his past Artifices have wrought, but as if he made it a sport to do mischief, pursues his project by a new device. Thus he endeavours by this pretended Letter to confirm those surmises with a shew of Reason, which he first attempted by rumor and surprize upon the minds of the People; well know ing that false and foolish arguings are then most like to bear a better appearance to them, when by fraud and practise their fears and jealosies are alarm'd, and (by the venomous effect thereof) they stand confounded and prejudiced in their understandings and judgments.
I marveled at first, comparing the Title (where we have the Author taking upon him the Name of a Merchant) with the Letter, (where I find his opinion so cross to the sentiments of all other of that Profession) what kind of Trader this should be; especially while I find him so much at leisure, as upon so slender a Theam to trace the series of above thirty years, with such abundant industry, concerning the Rise, Growth, State and Decay of the
Bankers
: But my Genius soon satisfied me in this point, well remembring that there are some
Newfashioned Traders
, whom I forbear to define further, who under pretence thereof walk the Exchange as very Merchants, that have both time enough to busie themselves about other mens matters, and their Adventures being rather the diversion of their fancies than their business, and way of subsistance, know little, and perhaps care less, what the true Circumstances of a Merchant are with reference to the
Banker
: and yet (forsooth) presuming under the notion of an observing Merchant, to determine a matter of so much moment to the Interest of the Trade of the whole Kingdome, as no one thing besides it could be. But the matter having a Mystery in it (as he further tells us in his Title) he should have handled it with a little more modesty than he doth, few that attempt to open Mysteries, expounding them so right, but leave just occasion for other men to dissent from their judgments, and oft times to correct their Errors. But enough of the Title, now to the Letter.
Wherein it being plain that it is the main business of our Author to dissemble his true end in the penning and publishing of it, and yet so to calculate and put it together, as to make the whole drive at the end he designs, it will be requisite to inquire into his end,
What it is
, and shew, that the
pretended
occasion of this Letter was not the intent of his writing it; Towards which it is to be observed,
That it would reflect too much imputation of Levity upon a thirty years observer and discoverer of Mysteries to tell such a long and studied Story to a Country Gentleman, upon the single occasion of his Sons disposal to a Trade, it being of all things most ridiculous in a man that would be had in reputation for wisdom, to shew himself disagreeable in his Discourses, to the nature of the subject whereof he treats. Nor will I so far prejudge his Charity to the
Bankers
, as that out of any private Pique or Disgust to the persons of them or any of them, he would lay about him as he doth, with a zeal so passionate and implacable.
The Design then of this Paper must be somewhat more considerable, and is of a more Publick Aspect; and consequently the Product of a good Intention to the Common Good of the Kingdom; or its Contrary,
i.e.
the working of an Evil and Mischievous Spirit, to promote and compass some private End, that cannot be otherwise brought about but by bringing ruine upon the chief Credits of the Kingdom, and discomposure, disorder, and an unaccountable Jealousie upon the minds of the People.
Of these two so contrary Ends which hath been in this Gentlemans Design, it will not be impossible from the parts of the Letter, well considered, and the timing of it, to arrive at a satisfaction in it.
A good and laudable end I would willingly have found in the drift of this Paper, that however I am satisfied, the effect of what our Author hath done is mischievous, yet I might (as one who knowes that in many things we offend all) have retained a favourable esteem of his honest inclinations: But herein I can in no wise reconcile my Reason to any of the Rules of Charity. For it is generally the happiness of a good Purpose to be reduced in all its pursuits to honest Mediums in what it aims at; and it is in truth a Contradiction to the Laws of Property, to do evil that good may come on't. Had our Author design'd sincerely, he would have looked as well to give some tollerable Proof of what he recriminates the
Bankers
with, as to accuse them; and not only here and there one, but all of them. Nor doth the time of emitting this Paper, favour less of a Peaceable intention: Was there never a time nor occasion offered these thirty years, before this Gentleman's Son was to come Apprentice, to represent these Errors of the Goldsmiths (if they have been guilty of them) to the World? For what season then is it calculated? But to follow on the Victory which false Report, wheedling insinuations into the minds of simple and inconsiderate People, hath obtained against the Bankers Credit without cause: When the Minds of Men are so startled by this means, that no man can be trusted though of never so good Estate; and when for this cause, many Merchants and others of considerable Substance, for want of the ordinary supplies of Mony, are like to suffer in their Reputation both here and beyond the Seas; no punctual payments to be made in the course of Trade, as was wont to be; numerous Bills of Exchange returned with Protest for non-payment; Clothiers and other Tradesmen forced to keep their Commodities on their hands, because the Merchant can neither get in his own Money, nor raise any upon Credit; consequently Fraughts of our Shipping on a suddain much fallen, and few to be had. One would think the sight of these Calamites should make a wise & good Man defer the prosecution of a thing, never so much unfit in his private judgment, rather then pursue it in the sight of such woful accidents: It hath ever been the principal Wisdom of Discreet and Wise Men, even in the Seat of Government, not to be over hasty in breaking inconvenient Customs once rooted by Time and Use, for fear such Alterations might bring great Disadvantages upon the People; but to do it by a certain gradation, that the good of the remove might appear through all the accidental Discommodities of such a change; how much more should our Author in the Point in hand, have considered this Principle before he thus laid about him without fear or wit.
What can this Letter then of our Authors, duly weighed with the Antecedent preparations to it, and its accompanying Circumstances, import less than an inconsiderate and destructive Design to the unhinging of all the Credits of the Kingdoms? having its Rise from Anger and Ambition, and in its end aiming at the promotion of Fraction.
The matter of Design being then the Breach of the whole Credit of the Kingdom (wherein the Interest of Trade is most essentially concerned) he singles out the
Goldsmiths
or
Bankers
as the chief Seat thereof; and levels two main Pieces of Artillery against them, 1.
Their Crimes
, 2.
Their Insecurity
.
Of the first Schedule of their Crimes managed between them and the Merchants in weighing and culling of Money, &c. they being applyed chiefly to the
Goldsmiths
of the Old Fashion (as our Author terms them) and not so material to their late and present state, as
Bankers
, I shall leave some of themselves to vindicate, for fear they have no Country Gentlemens Sons put Apprentices to them; only remembring him of a few things:
First
, That he did very ill, and not like the Man of Conscience to his Country he pretends to be, that knowing of such Practices of the
Goldsmiths
, and that to the term of place where they acted their Injustice to the Kingdom, he should be silent, when it was in the power of his hand to have discovered and remedied so great a Mischief; no good Laws being wanting on that behalf. Or,
Secondly
, If this confident accusing of them, be more then he hath grounds for, how vile and inhumane is it to reflect at such a rate upon Men, in a thing wherein not only their honesty is taxed; but their chiefest Interests lie obnoxious to danger. And
Thirdly
, Whether he be not unreasonably partial in his reflections; to let the Merchant pass Scot-free, upon such an occasion as that of his dealing for our heaviest Money to transport beyond Sea? For admit the
Goldsmiths
sold it, (which yet must not be taken for granted because you say so) yet certainly his fault was the greater, who so industriously laboured to procure such Coyn, with a setled intention of conveying it out of the Kingdom for his private advantage, and actually did so, as you accuse him.
But it may be you will recollect your self, and think fit to write a Letter against the Profession of a Merchant too (excepting some of your own fashion) and when you have got him under the Foot of your Pride and Folly, as you hope shortly to have all the
Bankers
; we shall be brought into a fine World indeed. Nor so I ought to the contrary, but that they may well defend themselves in what you make the matter of their condemnation; more especially, in that of being Instruments of raising the value of our old Gold. Pray Sir, What made the
Merchants
so forward to Transport it, but that Profit was to be made of it beyond the Sea? and if so, what likelier way to keep it at home, than by advancing its Price here. And if it was sent away when the Rate was raised, would it not much more have been so, if the value had continued less? only perhaps it might have asked a little longer time, by the
Merchants
being put to imploy Instruments somewhat more improper then the
Goldsmith
, to buy it up from private hands. The like may be said for the inequality of the Rate of
Guynnies
(about which the
Goldsmiths
are also accused) which were never by any
Proclamation
of His
Majesties
, declared a Current Coyn of the
Kingdom
, and limited to a certain Rate; but left under the Notion of a Commodity, to rise or fall in price as the course of
Exchange
went in Forreign Parts; for this very reason, that by such raising of the Rate of them, they might be preserved in the Kingdom, when happily the state of
Exchange
might otherwise have laid a
temptation
before many for their private gains, to have sent them away. Thus our Author may also in other Points have been a very Incompetent Censor of what the
Bankers
have done in this distinct Trade and Mystery. In which Case I have sometimes known a wise Man to have confest divers things to be reasonable and good, when the Nature, Grounds, and Ends of them have been opened by one well versed and experienced therein, that he could not in his own single consideration reconcile the Notion of common good and advantage. And if our Author have any measure of Ingenuity, peradventure he also may reflect upon this his hastiness of accusing Men in such matters that he so little understands. It's pretty too to take notice what a young Sophister our Grave Observer is become, when he tells us of
seven millions coyned at a time in half Crowns
, which he saith was
apparently reduced to less then one Million
, and layes the whole blame of it at the
Bankers
doors. Seven Millions of what, in half Crowns? he afterwards tells us
seven Millions of Silver
, which our ordinary English Dialect would presently interpret to mean Pounds Sterling, if our Reason (which he never design'd his Letter to be examined by) did not contradict the possibility of the thing, and then the Peoples mouthes might be opened indeed against the
Banker
, which is all the Mark he aims at. But admitting our Author to be a little out of the way of writing agreeable English, and that by the
seven Millions in half Crowns, and the seven Millions of Silver
; he intends no more then seven Millions of half Crown pieces; Lets consider whether he be any more honest in the thing, then he is clear in the expression. Seven Millions in half Crowns, by my Arithmetick, amounts to eight hundred seventy five thousand pounds Sterling that he alledges was then Coyned: But Sir, I have met with as likely an Observer in this Point, as your self, who assures me, it will be no injury to tell you, that you are out in your Calculation almost half in half; and if you be so ignorant, or insincere in an Extream on that hand, how shall we trust the truth of your Observation and Candor in what you affirm on the other, that the Money then coyned was apparently reduced to less then one Million by a new mischeivous trade of the Goldsmiths. But I do not well so much as to name truth and sincerity with respect to any thing in this Letter, which was never designed to be drawn up by the line of any such
Vertues
, Blackning of Men being a far better way to do our Authors business: And it were endless to open all the false suggestions that are in the composition of it.
Next to that, I find the chief crime objected against them, is,
The great advantages they have made in the course of their Trade, especially when they dealt with his Majesty, and bought up Bills, Orders, Tallyes
, &c. Indeed Sir you do not well to tax them at this time a Day with those Offences. Why did not such an Observer of the State of the Bankers as you, urge their Sin of 10.
l. per Cent.
upon them then? when if your Arguments had been powerful to touch their Consciences, they might by this time have reckoned that Charity in you, which as matters stand, they can receive under no other Notion but that of reproach and spite. And yet, hark you Sir, Hath it not been the Principle of one you know
That as the occasion and Circumstances may be, there is really no wrong put upon a mans Conscience, nor injustice offered to another, to accept of above 6
per Cent.
for the advance of Money, nay nor any breach of the Law therein
? And if neither the person of another be oppressed, nor the Law violated, where is the Offence? But now you cry out aloud against the
Banker
, as an unpardonable Extortioner, if in any case he exceed the terms of 6
per Cent.
which renders it not unneedful (for the Readers sake) to put one or two Cases to your enquiry about this matter.
Let the
first
be that of Discounts upon Bills of Exchange, which you tax, among other things as against Law, and very oppressive: But, Why so? Really you puzzle my wits to find a Reason for what you say, and you have given us none to think off. A Bill of Exchange during its Negotiation hath never in any Time or Memory, gon under any other Notion than (till I can find a better word for't) a meer piece of Merchandize,
which if a man
will dispose of, he must do it at the Market rate, or (to speak more like a Merchant) at
Price Currant
; for there is a certain variation of the rate of Discounts as the occasions for Money are great or less; and they were never higher than your Self and your Con-sociates have lately made them by your new-fashioned Artifices.
Another Case lies in the Bonds given by the Merchants to his Majesty at the Custom-house, for the additional Duty upon Wine, wherein the Act of Parl. allows the discount of 10
per Cent.
to the Merchant if he pay ready money. What then if the
Bankers
shall lay down the value to the King upon those Bonds: I put it by way of Inquiry, since plainly that allowance was given, to accomodate the Kings present service, Whether it be an Evil in the
Banker
, to take that allowance, upon serving the Publick occasions with a present supply, on the Credit of those Bonds, which the Merchant should and might have had by the grant of the Law, if he had paid down the Money himself?
But what the monied Men and Creditors of the
Bankers
will most look at, is, what our Author will alledge against the Security of Money in their hands, which therefore we must alike look into. And because the Creditor will be nice in his Enquiries here, I will first state his
Objections
truly, and give such Answers as I will with the same freedom, leave to the Readers judgment: My design being only to dis abuse my fellow Citizens and others, that they be not frightned with shadowie appearances, nor suffer themselves to be thus play'd upon by every sly and subtil Gamster, to disturb the setled course of their lawful advantages, to gratifie the humor of any person or faction, whose end is more themselves than the Publick good.
He Objects then against the
Bankers
Credit.
First
, There being no safety in dealing with the King, while the deplorable Crys of the Widows and Fatherless are such, whose Money, as he phrazeth it,
they say at least, they lent his Majesty, and cannot repay them
. And did they not lend it the King? (Why delight you thus in the soul course of casting Dirt?) And for that, Tallyes, Orders, and the Great Seal it self are found to be no security.
Secondly,
That
He cannot imagine how Bread should be got by their Trade of borrowing money at lawful Interest, to lend it upon unlawful to private persons; though they can silence their Consciences forgetting Christianity,
&c.
Thirdly,
That
the Bankers are not Men of greater Abilities nor acquired Parts than other Tradsmen, nor better instructed than others to imploy greater Stocks in an advantagious Trade,
&c.
To these
Objections
respectively, a few words.
To the first; I take it for granted that the Reasons urged upon account of the detainer of money in the Exchequer; and the stop of the proper Course thereof, did and may give a just hesitation to the minds of men; and his Majesty himself, as well as the People, hath, I doubt not, reflected upon that Counsel, with the greatest dislike and indignation before this day. Our Author nevertheless deals herein very uncharitably with his Majesty as well as elsewhere with the
Bankers
, in alledging somethings utterly untrue; for though there was in that unwarrantable Counsel, a breach upon the Course of Tallies and Orders; Yet he taxeth the Violation of the Great Seal without ground. He must refer in that point of the Great Seal, to the business of the Custom Farm, in which it is true the Patent that had already past the Seal for the main part of the Customs was resigned up again, but not forced.
This
Gentleman
I guess cannot but well remember at whose
house this
was acted, and who had a main hand in the contrivance of it; and if so, he may withal call to mind that the occasion of that surrender of the Seal was from some difference about the Termes of a second Pattent relating to the
Wine Act
, which while the then Farmers insisted upon, and more refused; some of them with less foresight than was convenient, offered the acquitting of the whole Bargain, and the Seal whereby they held their Right in the other Part; and having so offered it, it was accepted as suiting the present Design, without possibility of retrieve.
This Gentleman is yet much more out of the way, to assert that the Persons concerned in the
Exchequer Debt
, have not their Interest to buy them Bread: May not a man well doubt the truth of his Observations for so many years past, who errs in a Point that is now in Action; for who knows not that there is a settlement of seventy thousand
l.
per Annum
, for two years out of the Publick Revenue under the Great Seal, for the quarterly payment of those Interests to the Bankers? which is so punctually satisfied to all such whose Accounts are stated, that it is not the Kings fault, if every Creditor have not his Interest paid him every quarter day, such Security hath that Great Seal given.
He knew well enough also, what fresh Assurances are lately made to the Bankers, of having the said Interest continued by force of another Great Seal, and the Additional Hopes (as is most just) of some further way of Settlement for the securing of those Debts: And it is much to be desired that his Majesty will, as from the Honour and Justice of the thing it self, so also from the Consideration of the Industrious improvement of that pernicious Counsel, to him and his Affairs; give some speedy issue to this matter.
It is to be hoped that such a conjuncture of Affairs, and Inclination of our then chief Ministers, as happened at that unhappy juncture of shutting up of the Exchequer, will never meet again: Or, that God in his Mercy will give the King, in the experience of the fatal Consequences thereof, a Noble Resolution to discountenance and withstand such ill advice.
To the second Objection,
That there is no way for the Bankers to get Bread, if their Loans to his Majesty cease
; and for which he gives us this Potent Argument,
That he cannot imagine how they should
.
I Answer, That running upon Imaginations as he doth throughout his whole
Letter
, if this prove otherwise, the most part of what he hath said, may be suspected for a mear piece of fancy. He cannot imagine it, how? by borrowing Money at lawful Interest, and lending it to private persons at unlawful. No, Methinks it is plain and easie to be imagined, how Money may be got in this way, if they do (as he saith) silence Conscience, forget Christianity, and by Hook, and by Crook, make the most of their Cash by oppressive Exactions: Is it not a wonder his Imagination should fall so short, that is so much in the exercise of it?
But to disprove our Authors Imagination, without these crooked ways of oppression; Are there not those among them, who (thanks be to God) have got their Bread, and it is to be hoped, enabled to lay up something for their Wives and Children, without any hazardous dealings with the King, or being so exacting as he speaks of; Hath not many been greatly intrusted and imployed this way, since the Exchequer was shut up, who are both able to pay their Creditors, and have got their Bread and somewhat more, and yet stand free from this Imputation by all, but this Gentleman, that its likely never suffered by any of them. Methinks the state of some of them that have fallen by the deadly breath of such as our Author, and have thereby their condition in Estate exposed to all, may better instruct him in this Point; and if he had that Christianity in him, which he so much blames others for, it might and should work pitty and remorse in his Soul, that by his sly Insinuations, false Suggestions, and all manner of Reproaches, he should have been a means to bring disreputation upon the Persons, and prejudice upon the Families of such who are by this means cast down.
It may, and I trust will also teach those that have Moneyes in the hands of such men, not to suffer themselves to be abused by such petty Artifices, while they have thereby been made the Instruments of others undoing, and of injury to themselves, upon the meer Grounds of ungrounded Jealousy: For where is the Person that hath been so earnest upon them for Money; who can define any true Reason why he hath so done? Only his imagination hath been disordered, and his fears raised by the false Suggestions of these pestilent Incendiaries.
And what have they advantaged themselves by those indeliberate and forward Demands, but the contrary; for if they had judged of these Artifices as they are, and not run so unreasonably upon those Bankers, they might as occasion required have been supplyed as aforetime, with those Summs which they are now forced to stay for, notwithstanding all emergencies, a much longer season.
The third Objection consists of so many Particulars, that I must take them up as I go. He first taxeth them for,
being Men of no greater Natural Abilities and acquired Parts, than other Tradsmen
: What then, Sir? If they have but a proportion of understanding in their Trade, to their Fellow Citizens (for the Trading-Citizens are no Fools) and an honest Design and Caution in their undertaking it, is enough to their Creditors. I,
But they are no better Instructed than others, to employ great stocks
; Are they not? Then indeed I should think you in the right on't, when you tell your Country-Gentlemen,
That all the Arts a Goldsmith can teach him, will not be worth one of those two hundred Pounds, he designed with him
. But, pray Sir, where were your Natural Abilities and Acquired Parts, when you thus Wrote? Is there no difference in Skill of this Nature, between a Man whose Business and Education hath layn for many years in Credit, and Improvement of Money, in ways of Advantage, who is known of all that have occasion of Supply for their present Conveniences, to be Persons dealing in that Way through all the various Courses of it, and another Tradesman whose Education and Life, hath only Experienced him in the Management of some particular Commodities, and the Improvement of them to his best Interest.
Sure, Sir, If you had consulted your self, your Acquired Parts would have told you, there is here some difference; but it bears the shaddow of an Argument against the
Bankers
to the unheedy, and then, whether Sense or Nonsense, Reason or Contradiction, Truth or Falshood, all's one with you. But,
They have no greater Skill in Law than others, to judg of Securities to be taken for Money, nor have they more knowledg of Men, to Guess at the Value of their Bonds
.
How our Authors Passion blinds his Reason! Would you have every
Banker
become a Lawyer, or else leave his Trade? On common Occasions every Mans Natural Abilities and Experience in the World (whereof I hope you will grant our
Bankers
to have some) may serve the turn; and in cases difficult and out of the way of ordinary Dealings, they are generally Men of more Caution to their own Estates, and the Trust they have from others, than that I believe they would be satisfied with so much Law as our Author himself hath, when so many able and knowing Lawyers are so near at hand. Besides, such a Man of Wit as you, might have considered, that there is a Power in these ways of Credit, to oblige such Men as the
Bankers
deal with, to much to Punctuality; and but that I would fain resemble our Author in speaking once like a Man of Mysterie, I could give good Reasons for it: He is miserably out, and speaks as unlike a Merchant as ever I heard, to tell us, the
Bankers
knew the Characters of Men no better than others, when of all in the World they have the Advantage this way. What gives the Knowledg of Men as Men, but Converse? What of the Estates of Men, more than frequent and ordinary Dealings with them in the point of Money? Which with other Collaterial Observations that are Coincident with it, gives the truest measure of Mens Estates. How then in these ways, is the Integrity and Generosity of a Mans Dealings better discovered? This manner of Corespondence then, these Bankers having had with the most they deal with for many years, How should they but know Men better than others, and be able to proportion their demand of Security for them? But our
Author is
not yet at an end of this Argumentative Paragraph against the Bankers Credit: I wish his next Reasons be better than his former, and favour more of Natural Ability, and sincerity of Mind.
He puts the Question very seriously from the Premises that I have already Answered,
How then should they be able to make more Interest of Moneys, than other Men
? How then? It's a Deduction from your Premises, is it? Why then Il'e tell you how the Case stands, if some of your Premises have no Reason in them, and others no Truth; what then becomes of your
Hero
then, and of all your Subsequent Arguments, or rather Artificers deduced from them. If they be really more able than other Men to improve Money; if they have as much Skill in the Law as they have ordinarily need for, and know where to go for the rest when Occasion calls, that their Security may be good; If they have more knowledg of Men than others, which are all the Principles that you derive this
how then
from; Why then, I may naturally turn the Argument upon you, and tell you that all your Natural Abilitys and Acquired Parts, have missed the Mark hugely, when you doubt the Bankers Trade to such a Degree, as to make it a Wonder how they should be able to Improve Money better and more securely than others. And if you would know further how they can keep open their Shops, notwithstanding their dead Stocks of Cash to answer ordinary Demands (for such extraordinary and unreasonable Demands, as your Whispering and Calumniating Gang hath lately put People upon, nothing can be Sued for) and Maintain their Servants, and pay their Landlords; I tell you again, that besides the Keepers of their Running Cash, for which they pay no Interest, the Matter lies in their Knowledg and Way of Improving Money, better than others. It's not to say what a Bankers Skill in this sense will honestly extend to: Il'e tell you they are archer Men in their Trade than you and I think of. And I am verily of Opinion, that they make (as you say they must do to get ought by it) more than Nine pound
per centum
of their Money, in their way of Improvement; yet I will not as you do, Charge them with Extortion therein, unless I knew things better.
You may remember, I have put you two Cases, wherein possibly Ten Pound
per centum
may be got without a Mans becoming a Transgressor; and the Bankers, it's likely, may know more. We are commanded to have over all, Charity; a Garment that I desire to value and keep uppermost, though you seem so daringly to reject it, and to put on that of Censure and Reproach. And truly, every ones Charity is there called for, while we hear no Body crying out against them: None can be Advocate for all of a Trade, but for most of them; the chief Dealers at their Shops cannot exclaim of their Extortion, but that their extraordinary and emergent Occasions, have well born the extraordinary Requitals, which have been given to them: But certainly all will have cause ere long, if the Gentleman gain his end, to cry out upon him.
The Merchant when it may be, that Two, Three, Four, or Five Hundred Pounds, which might have been had at a Bankers Shop, to serve the Exigency of his Occasions, cannot now be had in the City of
London
, in any reasonable time; or if he may be Accommodated by a Scrivener, the Trouble about it, Procuration for it, and the Time he must be obliged to keep it, beyond the Circumstances of his Occasion, may probably amount to more than Twelve Pound
per centum
, when he might have it at the Bankers at a lesser Rate. The Moneyed Man, when he sees the
Banker
born down without cause, and his own money lying in a Chest without improvement; himself in no way to put it out with security and profit: All that have experienced the ease, conveniency, and prosperous Trade of the City, by and under this way of Credit, and if after all, his own Conscience cry out of him, it is but that which is to be looked for, as the effect of these pernitious and ruinous Contrivances, unless it be already feared as with a hot Iron.
He would put the Creditors in dreadfull doubt of the
Bankers
, for fear of Informers against them for notorious Contracts, and the pretence of great Charges they are at to keep off Suits of that nature, and to sue out Pardons. And though I have little reason to believe any thing he saith, yet I should have past it in silence were it not for two things.
First
, That I am confident he never heard of any Usurious Contracts pleaded against them, though they must have been as publick at
Westminster-Hall
, or the
Guild-Hall
in
London
.
Secondly
, I cannot imagine how our Author should come to know what Charges they are at to keep off Suits of that Nature. If he search into the matter, I am of Opinion hee'l find it quite otherwise. And for Pardons, there's an Intimate of yours, that may vye in that Point with any half dozen of the guiltiest of them if I be rightly informed.
But after all these fine knacks of Conceipt (aiming at reason but unhappily falling short of it) to blast the Credit of the
Bankers
, he darts one more with the same purpose, and tinctur'd with somwhat more than ordinary Anger, That I cannot for my Life discern the Point of.
It's
Their being trusted ten times more than they are worth upon Personal Security, and many times their Note alone taken for five hundred pounds a thousand pounds, or more. And yet those free Lenders, as he calls them, (for he's very much out of Humour) would scarce be satisfied with two or three mens Bonds for a thousand pounds, that are known to be worth, at least five thousand pounds a man.
Shall I ask our Author whether this was practized without reason and good experience by those that did it? Surely not without ground, while he characterizeth them to be men so wary in the disposal of their money to others. They knew then what they did; and no doubt acted upon some principles of reason herein, notwithstanding your censure of their discretion, from the meer Authority of an,
I say
, for that's the most powerful part of the Argument he uses against this practise, while his pretences of the hazard of the
Bankers
disposal of money, and their capacity to do it more than other men, have already been found so lame & ridiculous. Such an Observer as he, a man would think, might have taken up some considerations from so remarkable and continued a practise as this to have better bethought himself what he was about to do, when he began to breath out such Venom against the
Bankers
. Is't not obvious that the very All of a
Banker
lies upon his utmost punctuality, whereas other men as the exigency of occasions may be, oft times dispence with it without any suspition. Me thinks the very awe of the power of Credits continued through the course of so many years, the free, generous, and unconcern'd reliance of Men upon them; their efficacy to raise, enliven and encrease the Trade of the Kingdom to such a notable degree, should have dampt his confidence in a pursuit of this nature, and forbad his falling foule upon so sacred a thing.
But the Rise of this design is such as all things must give way to. Here's Anger and Ambition, as I tould you, in the minds of some body, and a New-faction to be introduc'd. And what are the Credits of the Kingdom, the Ruines of the
Bankers
, Disreputation of the Merchant, Abuse put upon the jealousie of Creditors, Losses of the People, laying wast our Trade, Confusions and Disorders in the course of all affairs in the Nation. What is their own Consciences, Honour, or any thing, to the wreaking of this Anger, gratifying this Ambition, and pulling down of others that themselves may be advanc'd. To arrive at this false accusing and whispering about, from one place of Concourse to another,
How is it with such a Man? Does he pay well, or's at a stand? I hope you are not concern'd. I assure you such a friend of mine hath drawn his money. I wish all be well. A word's enough to the wise
. Some taking the confidence to abuse the Name of a Noble Person, because hee's accounted a wise Man and a fit Example, reporting in the City, and writing into the Country, that his Lordship hath had great sums of money in the hands of such and such which he hath called out, whereas the parties so mentioned ner'e ow'd his Lordship one farthing: And a thousand such petty (but as they have prov'd over-prevalent) insinuations have been used; vented by their half-witted Emissaries, (of which they have both young and old, rich and poor to make use of, and to act their tricks with a world of zeal and gravity) while among themselves they make the best sport imaginable, in telling what a good Instrument (they mean a fool) they have made of such and such a sober Citizen or Inns of Court Gentleman. I say to arrive at these ends of their own, none of these Machinations must be accounted a Crime. And let not our Author tax me of uncharitableness herein, or come with any such disguises, as a Letter to a Country Gentleman hereafter, For upon better Evidence than that the Coyn was carried into the Cocklofts, this is the very Rise and design of this Epistle.
And what are these Gentlemen that all these things must make way for? Is it not Character enough to tell the Reader, that they are even of the same Spirit with our Author. What need we say more, or what more can be said to shew us what we are to expect from them, when they have made us the silly Instruments of their own Grandeur.
Can we hope for that good from them they pretend to? Freedom from those publick Evils and Calamities they complain of? Honour and a Generous Design for the Publick is adequate and like it self in all its Parts and motions. Noble ends are never aimed at by such peaking, base, sneaking and destructive Courses.
Whither will they have brought us, if they accomplish their ends and gain the Ascendant? Will their Advancement be a recompence for what we suffer by their means? I doubt, had they a Will to do good, they'l find it hath been an easier business to destroy the Trade and Credit of a Nation, than to heal it, and bind up it's Breaches. As the less difficult part of the two,
it
will be well if they make not use of our Poverty to oppress, and our Ruine, (much wrought about by our own hands, while we are so fondly influenced by their Subtitles) to run us still into further Calamities. For if they have decry'd Credit that the present Incumbents may fall, What will they do in their Places without it? And, if Money must be had, and no Credit be continued, what way they will advise to, I leave to other Conjectures than my own.
My Lord
Bacon
tells us,
Nothing doth more hurt in a State, then when Cunning Men pass for Wise
; and yet if all will avail to make the People (whose good I charitably aim at in these Reflexi ons) to consider what they are doing, while they dance after the Pipe of such Crafts masters as these, and be no more entangled and bereaved of their Wits and Interests by their deceitfull pretences and practises but proceed in all their
Concernments
, like men endowed with Reason, I shall gain my desire. I dispair not of it, though its sad to see the generality so much enclined to another Spirit.
Our Author ends with a solemn Enquiry,
Whether any Man that hath Exercised the Mystery of Banking, hath living or dying gone off the Stage with a clear good Estate?
I had scarce taken notice of it, but that he hath just before been telling us of
Scripture Commands
, and follows it with a profession that he
Judges no Man
. If you know none such that have been acquainted with their Mystery so long, let me tell you, You have either a very short Memory, or have been a very shallow Observer. But your meaning in this Enquiry is also very well understood. And yet it follows;
I Judge no Man
. No Sir, Why rais'd you the question then? If you speak the truth, I doubt you can give no very good account on't. In earnest, I hear of several that are gone off with very clear and good Estates, but I think it not Manners to expose their Names to our Authors Curiosity.
Judg no man
? and yet after the rate you have done, condemn and contrive their Ruine!
Give me leave to end with an Enquiry too,
What shall be given unto thee
? Or,
What shall be done unto thee, thou
False Tongue
?
FINIS.
The TRADE OF ENGLAND REVIVED: AND THE ABUSES thereof Rectified, IN RELATION To
Wooll and Woollen-Cloth,
Silk and Silk-Weavers,
Hawkers,
Bankrupts,
Stage-Coaches,
Shop-keepers,
Companies,
Markets,
Linnen-Cloath.
ALSO What Statutes in force may be injurious to Trade and Tradesmen, with several Proposals. Humbly offered to this present Parliament.
LONDON
: Printed for
Dorman Newman
, at the
Kings Arms
in the
Poultrey
, 1681.
SECT. I.
The Introduction
.
FOrasmuch as there is a very great Complaint in most of the Market-Towns in this Kingdom, of the
Great Decay of Trade
, both by many Working, and especially by all Ancient Shop-keeping Tradesmen, as
The Woollen Draper, the Linnen Draper, the Mercer, the Grocer
, and others, whose Trades were formerly the most Flourishing in this Kingdom, that now are become so mean and ordinary, that many interested therein cannot live upon them; This may afford matter of admiration to many Persons, whilest considering withal that there are as many Goods Imported into this Kingdom as ever there were, if not abundantly more; and so consequently, there is as much sold as ever there were, if not much more. Now the End of this Treatise is to shew, that the Reason is not from the total defect or want of Trade, but from the irregularity or disorder thereof, it being quite out of the Channel in which it was wont formerly to run. And this hath hapned through a neglect of a due Execution of those Laws that are in force concerning Trade; As likewise for want of Additional Laws to be made to keep it in its due bounds. (For a Law not executed is almost as little significant as no Law at all.) Now the Ground of this Grievance is, because many do believe, That all Men promiscuously ought to have Liberty to set up any Trade for a Livelihood, and espe cially the Shop-keeping Trade, and that a Restraint hereof doth much impeach Ingenuity; Whence it is, that Tradesmen can seldom be Redressed herein, although they have often Attempted it to their great Cost and Charge. But certainly, in former Ages People were of another Opinion, as appeareth by that Statute of 5 Queen
Eliz.
which Prohibiteth the taking of any Artificers Son to be an Apprentice to many Shop-keeping Trades that are mentioned in that Statute. And likewise the Son of any one, unless his Parent had forty shillings
per Annum
, a Freehold Estate; which was to be Certified under the Hands and Seales of three Justices of the Peace.
And for this Reason, a long time there hath been little or no Inspection made into Trade, in the Cities and Market Towns in
England
; that all things in Trade are come to a wonderful Confusion, as will appear by the Sequel of this Treatise. Nay, there is scarce any thing of Affairs in a Kingdom or a State,
but
in time will be out of Order, if it be not prevented by Reviving Old, or Constituting New Lawes, additional thereunto; For humane Lawes are such, that in time there will be Reason, either to add something to, or take something from them. And whilest that any thing is out of Order, all Men that are therein concerned are Prejudiced by it: And so it is at this time with Trade, which rendreth it unprofitable to all Men, and so doth rather hinder Ingenuity then further it and promote it; Profit being a chief and more immediate Encouragement thereof, which puts men upon all Praise-worthy and commendable Undertakings. Now to the end, that I may discover what it is that hath so much Empaired the Trade of this Kingdom, I shall faithfully Relate (as to matter of Fact) what is the Practice in most Places in
England
, and shall in each Particular suggest what may be necessary for the Repairing thereof.
SECT. II
Concerning the Clothing Trade, or Woollen Manufacturer, that makes any thing with our Wooll
.
I Begin with this Trade, because it is like the Water to the Mill that driveth Round the Wheel of all other Trades. For by this the Poor hath Money of their own Earning, without being burthensom to the Parish; which they presently lay out again, either upon their Backs or Bellies, not keeping their Money against a wet day, (as the saying is) Now if it be considered, how Numerous the Poor of this Kingdom are, they would (had they money) make a very great Consumption, both of the Farmers Commodities, and of all other course and ordinary things, as is evident in that, in some Places where this Trade did once flourish, many Labourers therein would lay out five or six shillings every Week throughout the year upon Meat; where there is not so much now laid out by any such poor Man hardly in a whole year.
And indeed, of all the Trades in this Kingdom this ought chiefly to be encouraged, neither should any stone be left unturned to promote it. For if it be so, as doubtless it is, that God hath given to every Countrey some particular Commodity, that is not to be had any where else, so that none may boast, but that every Countrey must be beholding unto another for something that they have not; then certainly it must be this, that is the Commodity of
England
, because God hath not only given us
Wooll
in abundance that makes Cloth, but also another necessary Material,
viz. Fullers Earth
, without which this Commodity is not to be made, and (as they say) is not to be found any where else, but in this Land; which is a clear Demonstration that it is the use of our Wooll that is the special Talent, which God hath put into our hands to emprove; and not to emprove it is doubtless a very great sin, and like the hiding our Talent in a Napkin. Wherefore it is, that God hath in a great measure taken this Trade from us, and given it to a People that are more Industrious then we are.
SECT. III
Concerning the Transportation of Wooll, which is one Hindrance to the Clothing Trade
.
NOW it is granted by all Men, that this is one great Hindrance of this Trade, for hereby there is not only Cloth made with our Wooll, which might have been made by our own People, but by mixing our Wooll with the Wooll of other Countreys, there is almost twice as much Cloth made as otherwise there could be; for without the help of our Wooll, there could be little or no ordinary low pric'd Cloth made, which is the Assertment that is mostly used, there being a far greater Number who wear this, then there are who wear any finer sort; and by this means it is, that our
English
Cloth is so great a drug in all places, as now it is: And unless we can keep our Wooll and Fullers Earth from being Transported, that so it may be wrought up by our own People, the Trade can never be good again in
England
. Indeed, there have been many ways thought of to prevent this mischief, which of all others is the greatest to this Kingdom, and therefore of late it is made Felony for any one to Transport Wooll, which Law, notwithstanding the great severity thereof, doth yet prove ineffectual. Now it may be supposed, that the Cause hereof is, the Paucity or Fewness of the Informers, (for the Life of the Man is concerned which offendeth in this Case) which would not be so, if there were only a good part of the Offenders Estate lying at stake. Seeing then that this, as well as other ways, have hitherto proved ineffectual, there may therefore (I humbly conceive) be new Measures taken: Wherefore I shall suggest what may be thought profitable in this Case.
1.
That all Persons that live within six Miles of the Sea-side, round from beyond
Newcastle
to
Bristol
, should be Enjoyned by a Law to sell all their Wooll at a
Market
, and in default hereof should be liable to a Penalty.
2.
That these
Markets
be six or seven miles from the Sea-side.
3.
That all Persons that are allowed to buy at these
Markets
, should be Enjoyned to give Security,
viz.
Their own Bond; And to take an Oath, that what Wooll they buy at these
Markets
, they will either use it themselves, or not sell it again in any Place, within six or seven miles of the Sea-side, and that they will not any way be Instrumental in the Transporting of any of our Wooll or Fullers Earth, to any Parts beyond the Sea; And if they do know of any Wooll that is Transported, or that is about to be Transported, that they will forthwith discover the same; And that every one that hath taken this Oath, and given this Security, should have a Certificate of the same; And he that shall buy at any of these
Markets
before he hath this Certificate, should be liable to a Penalty.
4.
Because the present Law is a little short in this Clause, until the Wooll be put a Ship-board, which being done is presently gone to Sea, and there is no discovery of it. Therefore it would be necessary that the Law should be in force in these following particulars.
1.
If any Wooll should be taken in any Creek, or Corner, by the Sea-side ready to be Shipt.
2.
If any Wooll should be taken within six or seven Miles of the Seaside driving towards the same, after such an hour in the evening, or before such an hour in the morning that shall be thought convenient.
3.
If any Wooll shall be at any time driving towards the Sea-side in the day time, and within six or seven Miles of the same, it shall be lawful for any one to cause the Person that doth drive it to be examined by a Justice of Peace, and if upon examination of the said Person, or as any other person whom the Justice may think fit to examine concerning it, it shall be found that the Wooll was driving towards the Sea, with an intention of transporting the same, that then also the Law should be in force.
4.
That if any person or persons shall see any of our
English
Wooll unloading out of any Ship beyound the Sea, or can by any means get the knowledge thereof, so as to testifie it upon Oath, that in this case, if ever the said Ship or Ship-Master should return again into
England
, they should be lyable to the Penalty of the Law, always provided that in this case there be more Witnesses then one.
5.
That all Merchants that shall Traffique beyond Sea, and all Captains of Men of War, and all Ship-Masters, with their Mates and Pursers, and every common Sayler do take this Oath, and give this Security, and do receive a Certificate hereof before they are admitted to any of these employments, and in default hereof should be lyable to a Penalty.
Likewise all Merchants that are strangers who do reside in any of the Parts of
England
, and all Ship-Masters that are strangers, before either they break bulk, or take in fresh water, or Provision for their Ships in any
Harbor
Harbour or place in
England
, that they should be enjoyned to give this Security, and to take this Oath, and to receive a Certificate hereof, and for default herein they should be lyable to a Penalty.
6.
It would be necessary also, that all persons that do live within six of seven Miles of the Sea-side, should take this Oath if they do not give the Security; which may be done at their Court Leets, where every person is bound to appear.
7.
That it would be necessary, that a very good Part of the Forfeiture should be given to him that shall discover the same.
8.
That it may be lawful for the Clothiers, in the several Places of this Kingdom, to Hire any one to see that these Laws are put in Execution, in all the Parts of the Realm. Now if every one of these eight Particulars were made into a Law, I cannot understand but that they might be easily executed, and that they would effect the thing desired, were it not for two
English
Islands,
viz. Jersey
and
Guernsey
, that do live upon the Trade of Knitting of
Worsted Stockins
, they Knit also
Worsted VVastecoats
and
Petticoats
; And for this Reason the Law Tolerateth several Hundreds of Tods of VVooll to be Transported thither, under which Pretence it is to be feared, that many hundred Tods are Transported into
France
; And what to do in this Particular more then hath been before Suggested, and what is already done by the Law, I cannot tell. Therefore it would be happy for this Kingdom, if they could be put upon some other employment, that so there may be no occasion to Transport any VVooll thither; And we may Rationally Judge, that Knitting of Silk Stockins will be a very suitable Employment for them, because Knitting is their Trade already; And I know not but that Silken Knit Wastecoats, Petticoats and Sleeves for Women, might be as good a Commodity as they are in Worsted. Besides this, the making of Linnen Cloth may not be much improper for them.
First, because if we cannot supply them with Hemp and Flax out of
England
, they lie convenient to be supplied out of
France
.
Secondly, because the Poor Work there at very low Rates.
SECT. IV.
Concerning making our
English
Woollen Manufacture good and sound
.
WHen this Trade was good, the Clothiers (out of a covetous mind) would extreamly stretch their Cloth upon a Rack; and many other indirect ways were used, that have brought our
English
Cloth so much out of Credit beyond Sea, that it will be hard for us ever to retrive it again.
Indeed there is a law that all Cloth should be examined before it be put to sale, and that the Town Seal where it is made should be put upon every Cloth that is made good and sound, and the letter
F
upon the faulty. But this is altogether neglected in most places: For the Aulneagers that are chosen in any place are very poor men, who seldome or never Seal any Cloth, and if they were to do it, they being poor men would not dare to refuse the sealing of any rich mans Cloth, though very faulty.
And therefore to prevent this for the future, it would be necessary, that in all Cities and Market-Towns in
England
, where any of our Woollen Manufacture is made, they were all in Companies, who might every year out of themselves choose Officers, that might not only seal their Cloth, but who should also promote their Trade, and rectifie and repair whatever shall at any time be amiss therein.
I do not mean that these Companies (according to the custom of Corporations at this time) should have any power to bar any one from setting up this trade in their Town, nor from being also of their Company, though they never served any Apprentiship to their Trade in any place whatsoever: And my reason for it is, because there cannot be too many of any such Trade in any place where the Materials that they work upon are of the growth of
England,
and that do imploy the poor of the Kingdom, unless that there should be so many of these Tradesmen that there will not be Materials enough for them to work upon; and that they cannot find poor enough to work them out. But in neither of these it cannot be, because of the great abundance of Wooll that we have in
England
, and of the abundance of Hemp and Flax we might have, did we but set to the sowing thereof, and the Numerous poor that are in all places of this Kingdom. Nay, if the Materials used in a Trade be not of the growth of
England
, yet if the Trade be to employ the poor, as is the making of Dimithys or Fustions, or the making of Buttons, or if it be the making of any thing (which upon supposition that it were not made here in
England
) we should have it bought with our Money, and brought to us from beyond Sea, where it is made, as Bone-Lace, &c. Surely in neither of these cases will it be for the common good that any man should be barred from setting up any such employment in any place whatsoever.
Yet notwithstanding a universal liberty (I mean, for any one to be of any Trade) would be very injurious to many Trades, as the Shop-keepers and many working Trades, as I shall shew in its proper place; and it would hinder men (as it doth) from falling into such employments that are for the common and general good of the Kingdom, as are all such employments before specified.
Sect. V.
Concerning making our Cloth Cheap as well as good
.
WE cannot make our
English
Cloth so cheap as they do in other Countreys, because of the strange idleness and stubbornness of our Poor, especially in all Places within fifty Miles of
London
, where the Poor are most Numerous, where Wooll is Cheapest, and where the Carriage of Oyles and Dying Stuffs is Cheaper then in most other Places in
England
, and therefore in all these Respects this would be the convenientest place for the setling of this Trade; But these Poor are so surly that most of them will not work at all, unless they might Earn as much in two days as will keep them a whole Week. And when they do Work, they will often Marr what they do; that hereby the Clothiers in all these Parts are greatly discouraged. Hence it is, that they cannot make their Cloth so good and so cheap as they do in other Countreys; the reason whereof is not because Pro vision is dearer in
England
then it is in other Countreys; For Butter and Cheese, the Poores Fare, are as Cheap here, as they are in most other Countreys; and Corn for many yeares hath been so cheap, that great quantities thereof have been Transported to the those Countreys where they make our Manufacture cheaper then we do.
But one Reason hereof is, because
Begging
is suffered so Rife in this Kingdom, that of late years it is a sufficient Pretence for any one to beg, if they do but carry a few Commodities about the Countrey to sell. This is so much observed by all Persons, that of late the Grand Jury in many Counties have Presented it at the General Quarter Sessions. For there are Laws enough to suppress them, if the Justices do but see after the Execution of them. Now if this Begging Trade be not suppressed, there will never be any good done, either upon the Clothing Trade or any other, that is for a common and general good. Wherefore the
Dutch
do suffer no Beggars to be in their Countrey. And the
French
King doth endeavor to do the same in his, and we should not neglect to do the same in ours.
Mr.
Cooke
in a Treatise of his, doth give another Reason that the Poor are so surly in
England
; which is the Statute of the 43 of Queen
Eliz.
that doth Enjoyn all Parishes to provide for their Poor, and this makes them careless to provide for themselves by their own labour, either for the present or the future. And hence it is, if they do not beg, yet they will not work, but addict themselfes to idleness and pilfering, and to pulling of Hedges. And all this is, because they know that if they come to want the Parish is bound to keep them. Truly, this is a very ill use which they make of so Charitable a Statute. But however, it would be strange cruelty not to provide for them, when they are really in want. Therefore there can be no better way, then to make them work for their living whilst they are able. And to this end it would be necessary that these following Rules were observed.
1.
That there be a House in every Parish at their Charges, for every Clothier, (or any other that hath any Employment for the Poor) to bring their Work unto, where shall be distributed unto each poor Person that Portion of Work which they can Perform against the Time appointed, which will save the Parish the Charge of having a stock of their own, as the Statute doth require.
2.
That if the Poor of the Place do not know how to spin, or to do the Manufacture of that Place, that then there be Dames hired at the Parish-charge to teach them; and Men may learn to spin as well as Women, and Earn as much money at it as they can at many other Employments.
3.
That all poor People and their Children that cannot live without Labour, and who are not otherwise Employed by the Neighbourhood, should be compelled to take Work from this House; And if they understand not how to do this Work, that they and their Children do come every day unto this Work-house, as unto a School to learn; And that they be Provided for by the Parish, until they can attain to the knowledge of this Art or Mystery, at least in some competent measure and degree. Now every old one, and every Cripple who hath the use of his hands and his eyes, may be able to do something towards a Livelihood, which if it were but two pence a day, this amounts to Twelve-pence in the Week, and two shillings will (as hath been observed) keep a poor Man or Woman (with good Husbandry) one whole Week. If then this were once put in execution, all Parishes would quickly finde their Collections for the Poor to be much less then now they are.
SECT. VI.
Concerning the Damage and Loss, too often Accrewing to the Clothier, in the Sale of his Cloth
.
AFter the Clothier hath taken all the care and pains that possibly he can, to make his Cloth both cheap and good, yet when he cometh to sell it, he cannot do it himself, the Factor having gotten this business wholly into his hands; for formerly, when the Clothiers left their Cloth with them to sell, allotting them a certain price; yet notwithstanding they would many times abate two pence or three pence in a yard, which the Clothier would not have done, had he sold it himself. Now so soon as the Buyers perceived this, they would buy of none but the Factor. And hence it is, they have usurped the sole Power of selling the Clothiers Cloth, both for what price and for what time, and to whom they please; in neither of which Particulars they will be limited.
Now by this means the Clothiers Cloth is not only sold for less many times then can be afforded, (that so the Factor might have his Salary) but they are also put to an unnecessary Charge, for formerly the Buyer always bought at
Blackwell-Hall
, but now he doth buy at home; and the Factor will at any time send him as many more Pieces of Cloth then he hath occasion to buy, and under pretence they are dis-heighted, will force the Clothier to pay three or four shillings a Piece for new Pressing.
And so likewise they will sell for what time they please, detaining the Clothiers money as long as they please; for he shall not know when his Cloth is sold, nor to whom it is sold; yet a great space of time after, when the Factor is in a good Humour, then the Clothier shall know the selling of his Cloth; And after this also he must stay a considerable time before he hath his Money. And then neither shall he know to whom his Cloth is Sold; because by this means, he can at any time put the Clothier to have his Money for his Cloth, of a Person that is not solvent. So that should any Clothier ever attempt, either to take their business out of the Factors hands, or to give off their Trade, (as many of them are desirous to do, being so abused by the Factor) they can always by this means make the Clothier truckle under them. And sometimes, when they are so kind to let the Clothier have money for his occasions, they will Enter it in their Books as so much mony lent to them. Besides, should they come to know the Person to whom their Cloth is sold, yet they would be not much the better for it, for without the Factors consent they will not pay the Clothier one farthing, saying, they have had nothing to do with him, and so will not pay him any money at all; insomuch that the Clothier in selling his Cloth is as it were blind-folded, being always in the dark concerning it. And they have seldom any money to buy any thing that they deal in beforehand, for the Factor will let them have no more money then what will suffice to keep their Trade going, and that on a slow and dull pace, by which means it is impossible that either Wooll or Woollen Cloth should rise much higher then now it is. As is evident in the late briskness of that Trade, which had it not been for the Factors (as was acknowledged by an eminent Merchant) Cloth would have risen at least eighteen pence or two shillings in a yard.
And hence it is there can be no poor Clothiers follow the Trade, that hath not a stock to lie in the Factors hands, which hath occasioned very great Confusion in many other Trades as well as this; for it hath put some upon Retailing what they make, and others upon Hawking their Ware all about the Countrey, until many of them are ruined by means of their great Charge in Travelling; but of both these Particulars I shall Treat hereafter in their proper place.
Neither hath this been any benefit to the Merchant, for the Factors having so great a stock of the West-Countrey Clothiers in their hands, they can give what Credit they please, and can, and do make whomsoever they please Merchants, or turn Merchants themselves, by which means the old experienced Merchants have been extreamly prejudiced and wronged. Now to Redress this great mischief to the Clothing Trade, these following Particulars would be necessary to be Offered.
1.
That no Clothier or Serge-maker, or any one that makes any Commodity with our
English
Wooll, be allowed, either they themselves, or their Factors, to sell the same anywhere in
London
, but in
Blackwell
-Hall only.
2.
That when the Factor doth sell any Clothiers Cloth, that he be obliged to give the Buyer a Bill of the Name of the Person, and of the place where he liveth whose Cloth he hath sold.
That notwithstanding the Factors selling of the Clothiers Cloth, yet the Buyer should be Debtor to the Clothier, whose Cloth it is, and not to the Factor who sold the Cloth, and in default of Payment should be liable to be Sued by the said Clothier.
4.
That if the Factor do sell the Cloth for less money then was set him by the Clothier, or should trust any Person without the Clothiers particular consent to the trusting of that particular Person, that in this case the Factor should be Debtor to the Clothier for the full value of the Cloth, which was allowed him by the Clothier, in the same manner as if it were his proper Debt.
5.
To the end that the Clothier might always know the time when his Cloth is sold, and to whom, it would be necessary that there were a Register in the Hall, wherein there might be Entred the time when the Cloth was sold, the Factors Name that sold it, the Clothiers Name and Place of Abode, whose Cloth it is which is sold, and also the Buyers Name and Place of Abode that hath bought the same; And in this and all other Charges they observe a Mediocrity.
And then there is another inconvenience that the Clothier doth meet with in the selling of his Cloth, which is this,
viz.
That many times after the Buyer hath bought his Cloth at a price, and caused it to be sent out of the Hall to his own house, he hath pretended some fault to be in the Cloth, and unless the Clothier will yield to abate what he would have him, he must have his Cloth again, which hath often been a very great vexation to the Clothier.
Others there are who have very much abused the Clothier, by exacting unreasonable measure from him, and to this end many have used very indirect wayes, as the having that abomination of a yard and a yard. Nay, sometimes they have put the Cloth into a Tub of water, and after this they have Griped the Clothier exceedingly in the Measure.
Now it may be supposed, that if this Order were observed, it would prevent this inconvenience to the Clothier for the future
, viz. That his Cloth being Sealed as aforesaid, the sworn Aulneager should also Measure every Mans Cloth so soon as it cometh out of the Mill, which Measure might be expressed upon the Seal, by an Impression made in it to express the same. Now the Cloth having this Seal annexed to it, and being bought in the Market, and sent out of the same at a Price agreed upon, that in this case the Buyer should be obliged to have this Cloth so bought in the Market at the same Price agreed upon there, and according to the Measure expressed upon the Seal.
2.
That if the Cloth, that hath this Town-Seal annexed to it, should in reality be any way faulty, yet nevertheless the Clothier should not be obliged to abate. But upon sufficient Testimony and Proof hereof the sworn Aulneager should be severely punished.
3.
That as to such Cloth that is sealed with the Letter F, if the Buyer hath any Jealousie, that the Seller hath not discovered all the faults in the said Cloth, that then it might be Examined in the Hall or Market, where there should be a Pearch for that purpose, where the Buyer might have the Liberty to refuse or take the said Cloth; but if he shall cause the said faulty Cloth to be sent out of the Market or Hall at a Price, that then the Buyer shall not have the liberty to refuse the said faulty Cloth, but shall be obliged to have it, let the faults be what they will.
4.
It would be necessary that all Serges were at first Woven at one certain length, that so the Buyer might the better understand what it is that he doth buy, which now he doth not, because all Serges are sold by the Piece, and some want three or four yards of what some others are; And it would be necessary that they were all Woven of such a length, that after they are Milled in an ordinary manner, they might contain full twenty and four yards.
SECT. VII.
Concerning the Hindrances of the Exportation of our Woollen Manufacture
.
WHen once the Clothier hath made his Cloth both good and cheap, and is convenienced to sell it when it is made, then it would be necessary to promote the Exportation of it abroad into other Countreys.
1. Now we are very much hindred herein by the
Dutch
, who do make Cloth themselves, and sell it in those places where otherwise we should sell ours; but could we keep our Wooll and Fullers Earth from them, we should speedily prevent them. And it would be necessary for the Promotion of this Trade with us, that there were an high Impost laid upon all fine Cloth that shall be imported.
Yet the
French
doth deal far more unkindly with us then the
Dutch
, because we do take little of their Commodities; but of the other, (as it is Related by a
Mr. Fortery
Gentleman of the Privy Chamber, in a Treatise of his, called,
The Interest of
England,) we do take so much,
viz.
of their Wines, their Linnens, and their Silken Stuffs, that the excess of these Commodities imported unto us, is as much as cometh to 1600000. in the year, more then our Commodities that are re-exported unto them; for which we do pay them ready money. And had not the
French
King found it to be true upon Examination, he would have Prohibited all our Commodities from being brought into his Kingdom. Wherefore he laid only a very great Impost upon the same, which is
Estus
, a French Crown,
une Estus
upon an
Aulne
, an Ell and Nail.
Aulne
. And this our Trade doth extreamly suffer also by all his New Conquest, where they were wont before to wear our
English
Cloth, which now they cannot, because of the high and great Impost that is laid upon it.
Now had this great Impost been laid only upon our Woollen Manufacture, it might have been supposed that he did it only to necessitate his people to the making of the same; but seeing he hath laid the like Impost on our
English
Tobaccho too, argueth, his Design is to suppress any Trade whatsoever that doth belong to the
English
. It being then a manifest truth, that we do take off so much of their Commodities, to the great wrong and prejudice of our own Weavers and Tradesmen in
London
and
Canterbury
; it is very hard measure that they will take little or nothing of ours, especially seeing that this they have done formerly, and they might have continued to do the same still, had not the
French
King used all the Methods that possibly he could, to hinder the same or the like Negotiation, for they are as Numerous a people as ever they were, and should they wear of our
English
Manufacture, as they were wont to do heretofore, that Country would be sufficient to take off almost as much as could be made in
England
.
It is true, we have endeavored to Retaliate upon some of their Commodities, especially upon their Wines; but our
English
Gentry do so much delight in the drinking thereof, that they do still make their way with us nothwithstanding their dearness, yet so doth not our Manufacture with them: Therefore it would be necessary to take the same Measures to beat them out of their Trade with us, as they have done to beat us out of our Trade with them. And if this were done, they would be as much perplexed for want of a Trade to put off their Wines, their Linnens and their Silken Stuffs, as we are now to put off our Wollen Manufactures. It will not then be irrational to judge that this may be done as to all three of their Commodities.
First, As to their VVines, if the Gentry would but take to drink more Sider, and many other
English
Drinks, that of late are so Excellent, that they are little inferiour to their VVines (unless in Price) we should then have less occasion for them, and this would be a means to improve the Lands of our own Countrey; And would be a way greatly to advance our National profit and interest. Did we withal but sink the impost of
Portugal
Wine (equal, to
French
Wine) they would take off above 300000 pounds worth of our
English
Manufacture in a year. And then for their Linnens we might promote the making thereof in our own Nation, as shall be shewed hereafter.
And for their Silks and other Superfluities that we do buy of them, (which (as some do judge) do amount to more Money then all their Wines and Linnen both) we have little or no occasion of them. And if they were all prohibited, it would mightily advance the Weavers Trade in the Cities of
London
and
Canterbury
.
SECT. VIII.
Concerning the Hindrances of wearing our Woollen Manufacture at home
.
As it is necessary, that this Trade be promoted abroad, so it is as necessary, that it be promoted as much as may be at home. This Trade is very much hindred by our own People, who do Wear many Forreign Commodities instead of our own; as may be instanced in many Particulars,
viz.
Instead of Green Sey that was wont to be used for Childrens Frocks, is now used Painted, and
Indian-stained
, and Striped Calico; and instead of a Perpetuana or a Shalloon to Lyne Mens Coats with, is used sometimes a Glazened Calico, which in the whole is not above twelve pence cheaper, and abundantly worse. For either Perpetuana or Shalloon will wear out two Coats, or when it hath worn out one Coat, it will serve for one use or other afterwards for children. And so in reality it is the cheapest. Because Glazened Calico will hardly wear out one Coat: And it is the same or worse, if they Lyne with a plain Calico or Dyed Linnen. And sometimes is used a Bangale that is brought from
India
, both for Lynings to Coats, and for Petticoats too; Yet our
English
VVare is better and cheaper then this, only it is thinner for the Summer. And of late there are abundance of Linnen Stuffs, that come from
Hamborough
, and are made to imitate our
Norwich
Stuffs, and many of them have been used for Gownes for VVomen, instead of our own Manufacture. To remedy this, it would be necessary to lay a very high Impost upon all such Commodities as these are, and that no Callicoes, or other sort of Linnen be suffered to be Glazened. There is a certain Necessity, that Womens Garments should be Lyned with plain Callico, yet not so for Mens. Therefore it would be expedient that a Law were made, that no Person should have his Coat Lyned with any thing but what is made in
England
. And this will not only promote the Woollen Trade, but the Silk-Weavers Trade also, who make many Silken Stuffs as fit for Lyning of Gentlemens Coats, as any that is made in any Countrey whatsoever, and no Person can be offended at it, because his Majesty, (for the encouragement of the Trade of his own people) is graciously pleased to Wear nothing but what is of the
English
make. The Statute for Burying in Woollen would have been of very good use, had it been executed, which (as it may be supposed) would in all this time have Consumed as much Wooll as there is at this time in
England
. And the way to have it put in execution, is to put the Administrator upon the proof of it. Therefore it would be necessary, that there were a Law made to enjoyn the Person concerned to prove the same upon Oath before some Justice of the Peace, within one Moneth after the Burial, and that he hath a Certificate hereof under the Justice his Hand and Seal: And without this Certificate the ChurchWardens should forthwith put the penalty of the Law in execution. There is one thing more that would be no small addition to the advancement of this Trade, and that is to encourage Wearing of Flannel; There are some of the Gentry who have Worn it, do commend it exceedingly, saying, that it doth Wear as well and as soft, either in Shirts or Shifts, as any Linnen whatsoever. And the courser sort would be better then Linnen for the Poor, because they may Wear it a Moneth without Washing. Now if the People should take to the Wearing of this, it would unspeakably Advance Trade in this Kingdom.
SECT. IX.
Concerning the Causes of Impoverishing the Silk-Weavers Trade
.
NOW I have already shewed that the Importing of so many
French
wrought Silken Stuffs into this Kingdom, hath been one way to Impoverish this Trade, and that the Prohibition of these Commodities would be very necessary for the benefit hereof; I shall further shew in another place that the Hawking and Retayling of their Commodities are two other means that have also contributed towards the Marring this Trade. But besides these, there are two more, the one is the Engines of late invented, that do Weave only narrow Ribbands, and those so very sleight, that if ever Sales-men should be suppressed, they would be of no use at all; and for this Reason the Retayling Shop-keepers can hardly sell any of them. It is then very much against the common and general good, that a thing so useless should be suffered; seeing that by this means there will also be many hands of the poor that will want work.
Another thing that hath very much empaired this Trade is, that there are here and there a Silk-Weaver or two (of late years) crept into some Cities and Market-Towns in
England
, who do employ such people that were never bound to the Trade. Now although what I speak of before (concerning License to set up any Trade that doth employ the poor) will hold good in this Trade also: yet in a differing manner, because in all other Trades that do employ the poor, they cannot effect their business without employing such as were never Apprentice to the Trade. As for Instance, the Clothier must employ the Spinner and Stockarder, that peradventure were never Apprentices to any Trade, else they could never accomplish their end. And it is the same in making of Buttons and Bonelace, and the like. But it is not so in this Trade; for they that have been Apprentices to the Silk-weaving Trade, and able to make more Commodities then can be easily disposed of. And the reason why there are such multitudes of this Trade is, because there hath not been for a long time any other but this, to place forth poor mens Children, and Parish Boyes unto; by which means the poor of this Trade have been very numerous, who can do nothing else almost, being bred up unto it from their youth. Therefore although it might not be against the common good, for any one to employ their Stocks in setting of these Weavers on work; yet it would be so, if either they should be suffered to Weave themselves, or should employ any other to Weave for them, that were never Apprentices to the Trade. Therefore it would be necessary that no man of this Trade live alone, and in a private place: But it would be much more for the profit and interest of the Masters of this Trade, that they Cohabit and dwell together in some Eminent City or Town, which they might make not only the Seat of their Habitation, but also the Emporium and Seat of their Trade. And if
London
and
Canterbury
cannot contain all of this Trade, then there may be appointed some other place for them to live in.
1.
The Reason hereof (besides what is premised) is, because a Market must be one way to Regulate some Abuses in this Trade as well as in others, as shall be shewed at large in another place: Now a man or two in a Town, or two or three in a County, can never make a Market.
2.
Because this is a very great injury to the Whole-sale Shop-keepers in
London
.
3.
Because they do prejudice the Retayl Shop-keepers also in those Market-Towns where they do live. For these do many times Retayl their Commodities, and many are furnished by them that never served any Apprentiship to any Shop-keeping Trade.
SECT. X.
Concerning the Woollen Manufacturer, and the Silk-Weaver, their Retayling the Commodities which they make
.
NOW neither of these Manufacturers were wont formerly to Retayl what they made; which hath greatly empaired not only their own Trade, but many Shop-keeping Trades too. And if it may be thought that the Shop-keeping Trade is a conveniency to the people of this Kingdom, and for the general good thereof (as
I
shall prove hereafter) then it will not be expedient that the former should be suffered. I have already shewed what did occasion the Woollen Manufacturer to do this at first,
viz.
The great Abuse they did sustein by the Factors. And that which did at first occasion it in the Silk-Weavers, was their own covetousness. For they thought to advantage themselves by selling their Ware to Countrey Chapmen, which made them go to their Inns in
London
where they sold them their Commodities. Now so soon as the Whole-Sale-Men did perceive this, then he did all he could to beat down the Weavers price, that so he might keep his Countrey Chapmen. Hereupon their Commodities were sold far lower then before. Therefore many that could not sell to Countrey Chapmen, fell to Retayling of their Wares which they did make. Yet neither of these Manufacturers did hereby advantage themselves, because for this reason none of the Shop-keepers would buy of them that did Retail, and they not finding sale for their Commodities by Retail, sufficient to maintain them, have been (many of them) hereby Reduced to very great Necessities.
Now the Silk-Weavers had no need at all to do this, because they had before a very good price for their Commoditie, and many of them are so sensible hereof, that they do heartily wish that the Trade might be reduced again to the same state that it was in formerly.
But to return to the Clothier, who will not have that occasion to Retail his Cloth, if the abuse of the Factors be Rectified. Yet there is one Objection concerning him, and that is this,
Obj.
If he should not Retail his own Cloth, what shall he do with a dammaged Cloth, that he cannot sell at a Market
?
Answ.
I Answer, that for all such damaged Cloth, and Remnants of Cloth, that will not pass Sale at the Market, the Clothier should not Retail these until they are Licensed by the Officers of their Company, who should view them, and they find them not fit for the Market, they should License the same Cloth, or Remnant of Cloth, to be Retailed, by putting the Seal of their Company at the end thereof in Wax.
And hereunto may be Added the injury that many Merchants do to the Shop-keeping Trade, by Retailing those Commodities they adventure for. Inasmuch as hereby Trade is brought out of its right Current. And to prevent this mischief it would be necessary, that no Person whatsoever be admitted to Retail any Commodity belonging to the Shopkeeping Trade of buying and selling, that hath it at the first hand; not but that those Shop-keeping Traders might Retail those Commodities which they make, whose custom hath been to do so time out of minde: Such are the Shoomaker, the Brasier, the Pewterer and the like.
SECT. XI.
Concerning Hawkers that do Profer to sell Commodities by Whole-Sale
.
OF late years the whole Trade of this Kingdom is to Profer Commodities to the Buyer both by Whole-sale and Retail, which hath much Empaired all Trades, because there is a vast difference between
What will you give
? and
What shall I give
? Now I shall first insist upon those that profer their Wares by Whole-sale, which are called Hawkers, and which are not only the Manufacturers themselves, but others besides them,
viz.
the Women in
London
, in
Exceter
and in
Manchester
, who do not only Profer Commodities at the Shops and Ware houses, but also at Inns to Countrey-Chapmen. Likewise the
Manchester
-men, the
Sherborn
-men, and many others, that do Travel from one Market-Town to another; And there at some Inn do profer their Wares to sell to the Shopkeepers of the place.
That which did occasion Men at first to Retail those Commodities which they made, did at first occasion this also, and is no less disadvantageous then that was, not only to the Woollen Manufacturers and SilkWeavers, but also to all the Shop-keeping Trades in
England
.
Now although at the first taking up of this Hawking way, there were some who did get Estates by it, there being then but few of them, by which means they took much more Money, and stayed for less time in a place, then now they do; but it is quite otherwise at this day, the number of them being much Augmented, by which means they take but little Money, and are forced to tarry long in a place, because Men do not minde their going away; for if one be gone, be sure another will quickly come. Whereupon some have stayed a Fortnight in a Countrey MarketTown; Nay, some Rug-makers have waited in
London
, absent from all their business at home, almost three Moneths before they could Vend their Wares. And the Charge of Horse-meat and Mans Meat is no less then before; So that by reason of their long abode in a place, it doth cost these more now, then formerly it did them that took six times more money; whereby many of them are quite undone, and the rest that remain, who are sufficient men, are so extreamly wearied with this way of dealing, that they would be heartily glad (as many of them have confessed) if there were a Law to suppress them, that then Trade might return into its old Channel, where it hath ran far better then ever since.
Moreover, this Hawking Trade doth utterly empair the whole-Sale Trade, in all the Cities and Market-Towns in
England
, but especially in the City of
London
, where are some Trades in a manner come to nothing, because Countrey-Chapmen do not buy of them now, scarce an eighth part of what they were wont to buy formerly.
And it is no less injurious to the Retailing Shop-keeping Trade in all Cities and Market Towns in
England
.
First, because they have been an occasion to many, that never served an Apprentiship to any Shop-keeping Trade, to set up the same, not only in Cities and Market Towns, but also in every Countrey Village.
Secondly, because when they have been Necessitated for Money, (as often they are by reason of their great Expences and their small Trade) to sell their Commodities by Retail, in the several Market-Towns where they have been, and that at as low Rates as they would sell by whole-sale, have hereby greatly imposed upon their Trades and themselves both.
But hence may some raise these Objections following
.
Obj.1.
If this Hawking Trade by suppressed, what more convenient way can be found, for the Manufacturer to sell his Wares, and also for the Buyer to furnish himself with what he wants.
Sol.
There is no better way both for the Manufacturer to sell his Wares, and also for the buyer to furnish himself with what he wants, then at a Market. Of which conveniency I intend to Treat hereafter.
Obj. 2.
But if Hawkers be suppressed, the Shop-keepers will not have the convenience for the buying their Commodities then, as they have now.
Sol.
I answer, that most of the Shop-keepers in
England
are so sensible of the great wrong they have received from them, that they had rather Ride a hundred Miles to buy their Commodities, then they should be tolerated.
Obj. 3.
But if the Hawkers be suppressed, it will not be much the better for the Shop-keepers in Countrey Market-Towns; for then the
Londoners
and others will have Ware-Houses in places in the Countrey, which will be as injurious unto them as the Hawkers have been.
Sol.
For the prevention of this mischief to the Trade of the Countrey Market-Towns; it would be necessary that all persons were prohibited by a Law to have any Ware-house, or to keep any Factors or Servants to sell Commodities for them in any Market-Town or City in
England
; save only there where they do live with their Family.
SECT. XII.
Concerning Trades-Men Breaking, and paying so little in the pound of their true Debts
.
THis is a third thing that is very prejudicial, not only to the Woollen Manufacturer and Silk-Weaver, but also the Whole-sale Shop-keeping Trade and Merchant. It will be in vain to insist upon what hath been the Practice of many Persons in this Kingdom, concerning their breaking and puting themselves into the Kings Bench, paying little or nothing of their just debts; For this is too Notorious to the whole Nation: There are then four things that occasion Mens breaking.
First,
some sudden Contingencies as the Merchant may meet with. Great and sudden losses at Sea; Or the Shop-Keeper may be utterly undone by sudden Fire, or the like; In these Cases there ought to be Mercy shewed to such Poor Men; and it is much to be Lamented there is not a Way thought on to Raise Moneys to set them up again.
2.
The Want of Success. Many a Man doth take a great deal of Care and Pains in his Trade, and yet all will not do, still he goes backward in the World; yet this is not common and usual, for God hath Promised to bless the Hands of the diligent; yet sometimes it may so fall out. However, this man ought to be honest, and to make a Discovery of his Condition in time, lest that he should spend upon other Mens money; and he that is a careful, honest and industrious man must needs know when he is sinking in his Estate.
3.
Ill Husbandry is another thing that doth occasion men to break; Some will spend their time in Drinking and Gaming, neglecting their business, until they are undone. And such Persons as these are ought to be dealt severely with. For why should they spend the money of other industrious men by their luxurious living.
4.
A design of Gain is another thing which doth occasion some men to break. They finde some have Got estates by breaking, and therefore they will do so too. Now we may conclude, that this man doth not deserve less punishment then he that taketh a Purse upon the High-way; for by the reason of this Mans pretended honesty he is trusted, but so is not he that Robbeth upon the Road.
I judge therefore it would be of very great use and benefit to the Trade of this Kingdom, if there were a Law made to inflict some bodily punishment upon every one that should break for above one hundred pounds, and should not pay fifteen shillings in the pound of his true and just debts; and thus no man could be so suddenly undone by bad debts: For then men would not lose so much by three hundred pounds, as now they commonly do by two, nay, by one.
Object.
But many a man hath been brought low in the World, and yet have got up again.
Answ.
Grant there have been some that have got up again, who have not been able to pay full fifteen shillings in the pound. I say, admit there have been such black Swans, yet this is
Rara avis in terris
. -- And these are few in comparison of the many hundreds, who have not risen again after such a fall. Therefore there ought to be a severe Penalty inflicted on these, to compel them to discover their condition before it cometh to be at this rate with them. Besides, this is the more probable way of their Recovery. For hereby they will be out of debt, and their Creditors, by reason they shall lose so little by them, will certainly be the more kinde unto them. 5. I might also add one thing more that is the reason of the breaking of many men, who are of Retailing Trades, or at least of not paying their Creditors so timely as otherwise they might, who might have been Ranked among those mentioned in the first particular, to whom there ought to be shewed much Mercy and Compassion. Such are those Retailers that are encouraged to trust Persons because of their great Estates and Revenues, who do neither take any care, nor make any conscience of paying their just and true debts; who will keep the Tradesman from his Money, sometimes two or three yeares, although they have been importuned by him, both to his expences and loss of time. And although some will be so fair as to give both good words and Promises, yet these have been but miserable Evasions and Put-offs, as is evident, in that they never minde the Performance of them. But then again, there are others that are so far from giving good words, that they give altogether menaces and threatnings, which have made many a Tradesman afraid to ask for his own, for fear of a Stab.
And others there are, that will Pretend the Trades-man hath Cheated them in over-prizing his Commodities, and therefore he must stay longer for his Money, which is another shift. Whereas it is the Trades-man indeed that is cheated, in being forced to stay so long for his Money against his Will. For it is impossible that he that shall stay a Twelvemonth for his Money, shall ever inhance the price of his Commodity so far, as to be sufficiently recompensed for staying so long a time for it. All men I think will grant, that if the Trades-man hath ready money, two shillings in the pound is but reasonable. Now then if he doth stay a Twelve-month before he is paid, he should have four shillings profit in the pound, if two years then six shillings in the pound, and so on, according to the time he shall stay for his money; because it will easily appear, that more then ten in the hundred profit might be made in a year, with ready money in a Trade. But now it is next to an impossibility for any Trades-man to gain four shillings in the pound, unless it be in some hidden Commodities, such as belong to the Apothecaries; and yet this in reason they ought to have, if they stay a Twelve-month for their Money. And if they can be no Gainer then, what will they be, if they shall stay two or three, nay, four years before they are paid. Assuredly, no man can possibly deny, but in this case a Trades-man must needs be a very great Loser.
Further, it often hapneth, that after all this the Trades-man doth lose his whole debt, if it be not paid before the Person is dead, for then the Heir doth Claim the Inheritance, and the Widow her Joincture, and there is nothing left to pay the debts but the Personal Estate, which is seldom more then a Coach and Horses, and some Houshold Goods, which will not pay sometimes a tenth part of the debts. This is quite contrary to what was formerly wont to be. Then the truly Noble Gentlemen of this Kingdom, did esteem it their great honour, to fulfil exactly whatsoever they had promised, although it had been never so much to their detriment and loss. They would heretofore have disdained those Riglings and Shiftings which are used in our times: insomuch, that if the Trades-man had their Promise, they might more certainly have depended on it, then now they may on their Bonds. And hence it was, that the Statute of Banquerupt did concern only Trades-man, because all others then were punctual to observe and to perform their word, and careful to pay all their just and true debts.
There are two things that probably would Remedy this, if it would not be thought too great a price of Presumption.
First, the first is this
, viz. That for all debts that are not paid within six Months time or thereabouts, after they are Contracted, the Debtor should afterwards be liable to pay the interest; And likewise if any die, whose Personal estate will not reach to pay all their debts, there may be in this Case by a Law Commissioners, that might be Authorised to sell, and dispose of so much of the Land, that was Possessed by the Debtor deceased, that will fully pay all the debts; and certainly this would be of no ill consequence to the Kingdom. For it would not only be a conveniency to Tradesmen, but in all probability might be an inducement to all Persons to take greater care to live within the Compass of their Estates.
SECT. XIII.
Concerning Stage-Coaches
.
THIS is another late Grievance which doth prejudice and injure all those Trades before premised. For were it not for these, there would be abundance more Cloth and Stuff, and trimming of Suites used and worn out, then now there is. And they do not only wrong these Trades, but many others also, as the Tailor, the Hatter, the Sadler, the Shooemaker and the Tanner; for, were it not for these Coaches, there would be far more of the Commodities used and vended then now there are. And they do not a little incommode all the Innes in all the Cities and Market-towns in
England
; for where are no Coaches frequenting the Innes, they have there little (if any thing) to do; and they who have them get no such advantage by them, being forced to take such under Rates for their Horse-meat, that the loss they thereby sustein, is greater then can be regained by the Guests which those Coaches do bring unto their Innes; and then the Owners of them do receive so little benefit, that many of late years have been utterly undone by them. And then they carry multitudes of Letters, which otherwise would be sent by the Post; And were it not for them there would be more Wine, Beer and Ale drank in the Inn then is now, which would be a means to Augment the Kings Custom and Excise; Furthermore, they hinder the Breed of Horses in this Kingdom, because many would be necessitated to keep a good Horse that now keeps none. Now seeing there are few that are Gainers by them, and that they are against the common and general good of this Nation, and is only a conveniency to some that have occasion to go to
London
, who might still have the same wayes, as before these Coaches were in use, (which hath not been much above twenty years) therefore there is good reason they should be suppressed. Not but that it may be lawful also to Hire a Coach upon occasion; but that it should be unlawful only to keep a Coach that should go long Journeys constantly, from one stage or place to another upon certain days of the Week, as they now do. And since I am speaking of the Innes, I shall relate one thing more that doth greatly incommode them, which is the great number of Ale-houses that are suffered in all Cities and Market-Towns in
England
, in one of which is more Beer drawn, then in many Innes that pay six times the Rent that they do. Besides, there are many poor men who do spend both their time and money in them, whilst their Wives and Children are ready to starve at home. And then, if so many were not suffered to run into this way, they would (it may be) get into some other, which might be more for the general good of this Kingdom, such as the making of Linnen Cloth, Bone Lace, or the like.
Furthermore, the Innes are a great conveniency, common to the whole Nation, being necessary for the Refreshing of wearied Travellers, and so ought to be encouraged. Besides, they pay great Rents to many Gentlemen in this Kingdom, which must inevitably fall, if they meet with such discouragements as these are. Now seeing it doth appear by what hath been said, that so many Alehouses are no way at all beneficial to the publick good, but many ways injurious to the same, then there is reason to suppress them; and I conceive there would be little less of Beer and Ale drank then now there is; for all sufficient men that can bear the expence of their money and time, would then frequent the Innes upon all occasions, as now they do the Alehouses.
SECT. XIV.
Concerning the Shop-keeping Trades in this Kingdom
.
THAT which hath been the Bane almost of all Trades, is the too great number of Shop-keepers in this Kingdom. For as it is Related by Mr.
Coke
, in a Treatise of his concerning Trade, that there are ten thousand Retailing Shop-keepers more in
London
then are in
Amsterdam
.
Now the reason hereof is, First,
Because for many yeares there have been no other Trades but these to receive the Youth of this Nation
. Formerly, when the Cloathing Trade did flourish with us, there were many sufficient Mens Sons put Apprentices to this Trade. Secondly,
Because the Shop-keeping Trade is an easie life, and thence many are induced to run into it, and there hath been no Law to prevent it; or if there by any, it hath been very slackly executed, which maketh very many (like a mighty Torrent) fall into it, which hath been Verified for several years past, by many Husbandmen, Labourers and Artificers, who have left off their Working Trades, and turned Shop-keepers
.
And of
Quakers
, great Numbers of late years are become Shop-keepers; for if a man that hath been very meanly bred, and was never worth much above a Groat in all his life, do but turn
Quaker
, he is presently set up in one Shop keeping Trade or other, and then many of them will Compass Sea and Land to get this New-Quaking Shop-keeper a Trade; And if he be of a Trade that no other
Quaker
is of in the Town or Village, then he shall take all their money which they have occasion to lay out and expend in his way, their Custom being to sell to all the World, but they will buy only of their own Tribe. Insomuch, that it is conceived by some wise men, that they will in a short time engross the whole Trade of the Kingdom into their hands.
And then again, there are some of the Silk-weavers, but more the Clothiers, that deal in as many if not in far more Commodities then any shop keeper doth, that hath been Apprentice to his Trade; for they sell not only the Cloth that they make, but Stuffs, Linnen and many other things; and have such wayes to put off their Commodities which the Shop-keeper hath not; for they will Truck them off for Shooes with the Shoomaker, for Candles with the Chandler, and sometimes with the Butcher for Meat, and will make their Work-folks to take the same for their Work, (although there be an express Statute against it) and then these Work-folks will sell the same again for Money, to buy such Necessaries which they want.
And it is not much better with them of the City of
London
, for there are many that do live in a Chamber, that do take twice as much Money as many Shop keepers do, who pay four times the Rent that they do, so that it cannot be imagined what an unnumerable Company of Shop-keepers are in every place; and such Practices as these have utterly empaired all Shop-keeping Trades in this Kingdom, which are Grievances never suffered in former times, being against the common good of the People of this Nation; And its desired they were speedily Redressed for these following Reasons.
First, Because the Shop-keeping Trade is both a convenient and easie Way for the Gentry, Clergy and Communalty of this Kingdom, to Provide for their younger Sons, that so the Bulk of their Estates may go to the Eldest. For there are few younger Sons, who are Trades-men, that have much above one years Revenue of their Fathers Estate for their Patrimony. Now these being kept close to business in the time of their youth, do many of them come to be sober and industrious men; and with this small Portion to live a little Answerable to the Family from whence they descended, being serviceable in their Generation both to their King and Countrey, and many times keep up the Name and Grandeur of their Family, when their Eldest Brother by his vitious and intemperate Life hath lost it. And oftentimes it proveth Advantageous to their Daughers too; for it doth frequently happen, when the Gentry die, that they leave but small Portions to their Daughters, scarce sufficient to Prefer them to Gentlemen of great Revenues, (Parallel'd to their Families) yet nevertheless may be thought worthy and deserving of Trades-men, who are the younger sons of Gentlemen, and by their Matching with such as these, do come to live a little suitably to their Birth and Breeding.
Indeed the Innes of Court and the Universities, must be acknowledged to be both of them Places fit for the Preferment of younger sons; but every one hath not a
Genius
capable of Learning those Noble (yet ab struse) Sciences, there taught and profest, who notwithstanding are capable enough of a Shop-keeping Trade. Besides, if every one were fit for either of these, yet they would not suffice to receive a third part even of this sort of youth, and then what should be done with the rest? Should they be brought up to no Employment? but be left to the
Extravagancy
of their youthful lusts, to commit such impieties and debautcheries which may justly entitle them to the Compellations given by
Augustus Cæsar
to his leud Children,
viz. To be Called the Botches and Biles of their Family
? As it is observable in those Countreys where the Gentry disdain to place forth their Children to Trades, who therefore turn very dissolute and vitious, and no way serviceable (in times of Peace) in their Generation, either to their King or Countrey where they live.
Secondly, because Shop keepers by Reason of their Education, were never used to labour, and should their Trades be destroyed by these meanes. they will not know how to maintain themselves and their Families; but they that have been bred to work, may labour in any other Employment, if that to which they have been bred will not maintain them.
Thirdly, Because this hath Rendred the Shop-keeping Trade to be unprofitable, like unto many unstinted Commons that no body is the better for. Now where there is no Order or Rule there must be Confusion; as it is in Trades a this time. And yet there is Order and Rule observed in other Vocations, and why not so in this?
The Minister must not Preach until he is Ordained; The Lawyer must not Plead before he is Called to the Barr; the
Chirurgeon
must not Practice before he hath his License; Neither can the Midwife Practise before she hath her License too
: And therefore why should any set up a Shop-keeping Trade, before they have been made free of the same.
This is one Reason why so few Apprentices, after they come out of their time, do get into the World, or can make any benefit of their Trades. Wherefore it concerneth all whatsoever, whether Gentlemen or Clergy-men, to be very solicitous for the Preservation of this way of life, which is so conducing to the Preferment of their Children.
Fourthly, because it will Cost a round Sum of Money, before a Child can be setled in any Shop-keeping Trade. First, To breed him at school and to make him fit for the same. Secondly, To place him forth to the said Trade when he is fit: Which will cost in a Countrey Market-Town, not less then fifty or sixty pounds, but in
London
upwards of an hundred; so that these Trades do seem to be purchased, and that not only with Money by the Parents, but with a Servitude also by the Son.
Therefore as I conceive, they ought to have the properties of their Trades confirmed unto them, even as other men have the properties of their Lands confirmed unto them: That is, that no Person do set up any Shop-keeping Trade, unless they be made Free of the same. And if any should plead, that it might be lawful for one man to use anothers Land as his own for a Livelyhood, he would presently be accounted a Leveller and a Ridiculous Fellow: And certainly no less can he be accounted, that should argue it might be lawful for one man to use anothers Trade. For this Trade is bought with the Parents Money, and the Sons Servitude, and intended for a future Livelihood for the Son in the same manner as Land is bought by the Father, and setled upon the Child for his future Livelihood and comfortable subsistence.
Object
. But it may be Objected by many, that a restraint herein doth hinder Ingeniousness, the end of that liberty hitherto impleaded.
Answ.
I answer, the end by these opposers chiefly intended, is herein altogether frustrated,
viz.
A further improvement of the Shop-keeping Trade, which (beyond controversy) cannot be more improved then it is already, and therefore an uncontrouled liberty of undertaking these Trades upon this account, doth (as I conceive) rather pervert the operations of a pregnant Wit and lively Phantasie, which might be better exerted in other employments, that are fitter subjects thereof, yet abundantly more conducing to the publick good; such are Mechanick Trades, and others, (that may set the Poor more on work) by inventing Artifices and wayes for the making such Commodities here, which are now bought beyond Sea, and brought to us from thence, where they are made. But I fear any thing of so good consequence will scarce be effected, whilest this Liberty of turning Shop-keepers is permitted to all Persons promiscuously. Indeed the Parliament made an Act to encourage the Making of Linnen Cloth, but for this Reason there are few or none who have Medled with it.
Obj. 2.
But some may say, should the Gentry be encouraged to put their younger Sons to Trades, it might have a bad Aspect on the Safety and Weal of the Kingdom, as may appear from the benefit the
French
receive by a contrary Practice, who instead of making them Apprentices, invite them to the Camp, by which means the
French
King hath alwayes multitudes of brave Souldiers, both for Valour and Conduct.
Answ.
I grant, that if the
French
had not this way, they would never have an Army of any Note for Prowess and Courage, but would be as faint-hearted and low-spirited as Women; Neither could they have Alarm'd all
Christendom
, as of late. The Reason is this, there are in
France
but two sorts of People,
viz.
The High Gentry, and the poor Peasant; Now these latter are alwayes Enslaved by the former, and thereby so much dis-spirited, that they seldom prove stout and resolute Souldiers. And hence it is, that they have not had one Pitched Battel in all the time of the late Warres; but on the other hand the
English
are of better Metal, for whilest they are well paid, and preferred according to their Merits, there will be in them no want either of Courage or Conduct. As may appear by the late unhapy Warres, where there were many, and some of them but of a very mean Extraction, that were as Eminent both for Courage and Skill in Military Discipline as any sort or degree of Men whatsoever. But this is altogher destructive in the Time of Peace and Tranquility, which is most for the good of Mankinde, and chiefly to be desired. For so many younger Brothers being out of all Employment for a Livelihood, do occasion great Mischief to a Countrey, either by Robbing, or by Insurrections, (which is worse,) and therefore the
French
King is always engaged in VVars, either Intestine or Foreign.
And it would be worse with us than it is with them, because the middle men of this Kingdom have plenty of children, and so have the Clergy, and were it not for the conveniency of trade to dispose of them, it would be impossible but that there would be great confusion. Now in
France
there are no middle sort of men to have children, and the Clergy have none, at least that they care for owning; so that it is manifest to all, by these reasons before premised, that it is much against the general good of this Nation, that such liberty shou'd be permitted in the Shopkeeping Tade as now there is. But what way may be thought of to remedy the same? Now to this end I shall suggest some particulars that may be esteem'd necessary; first for the setling of a right order herein, and afterwards for continuing the same when once established. For the setling of the Shopkeeping trade,
1.
It would be necessary that all persons do prove (before some appointed for that end) that either they have been Shop-keepers fifteen or twenty years, or that they have been Apprentices to some Shopkeeping trade of buying and selling, and not to a working Shopkeeping trade, as is a Shoomaker, a Pewterer, or the like; neither would it be necessary, the Son should be of any such trade, unless it could be proved, that the Father had served an apprentiship to the same. So that if the Father be free only of a working trade, the Son also should be free only of the same; unless he hath served apprentiship to another trade and master; yet with this caveat, that there be not too great strictness used in this proof; because many men that have truly served their apprentiship, may have lost their Indentures, or their masters may be dead; therefore if any person concern'd can bring any one that will swear, that he did know, and was familiarly acquainted with the said apprentice, at the latter end of his time, when he lived with such a one as his reputed apprentice, and that he never did hear or know any thing to the contrary, but that the said person did serve out his full time, that then this proof should be sufficient.
3.
That upon this proof, the party concern'd should have a certificate of his freedom of the particular trade that he is free of; but without this proof and this certificate no person should be permitted to keep any wares in any Shop or Warehouse, or be of any Shopkeeping trade whatsoever.
4.
That in all the Cities and Market Towns in
England
, the Shopkeepers do all they can at the first setling of Trades to distinguish the same, as much as may be one from another. It is true, custom formeth Trades, and in some few places, they are hereby very well distinguished already; yet in many places they are not. And although every trade cannot be distinguished as they are in
London
, yet in many places, they may come near it, especially in some eminent Cities, and Market towns, as
Oxford, Salisbury, Northampton
, and the like; and we may instance farther in
Marlborough
, a little Town, (in comparison of these) where they almost have this distinction, and live better upon their Trades than they do in more noted places, where their trades are not so distinct: for in these latter, many Shop-keepers do not get so much by their trades, as some Workmen do by their labour; the reason is clear; for if a man hath not a very great stock he cannot be sufficiently furnished with the commodities belonging to so many Trades. Yet there are few places of eminency, but may admit of these Trades as several and distinct,
viz.
A woollen Draper, a Linnen Draper, a Mercer that may also sell all sorts of Silver and Gold Lace, and silks and butons, and all other silken wares that are for trimming either to mens or womens cloths; a Milliner, who should not be suffered to cut any wrought silks as the Mercers do, but only to sell them in Hoods and Scarfs ready made; the Semsterer, who should also sell Linnen only in things ready made; the Upholsterer, the Ironmonger, the Bookseller, the Apothecary, the Grocer, and the Chandler, who might sell Bacon and Eggs, Butter and Cheese, Oat-meal, and Salt, Fish and Fowl, Poultrey, and Rabbets, Mustard, and Verjuice, Hops, Brooms, Maps and Brushes. I have named all the Commodities that may belong to this trade, because I find it in no place distinguished, and which would in most places be a good Trade. The Tallow Chandler, who might not only make and sell Tallow Candles, but Wax Candles also and Torches, who might sell all sorts of Glasses, and Bottles, Crochery and Earthen ware. The Haberdasher of Hats, in regard that Women of late years do not so commonly wear Hats as they were wont formerly, may be allowed to make their Hats, and so may their Trade be as good as most Shopkeeping working trades. The Bakers trade would be much bettered, if none but they were permitted to retail Meal, and that they did retail also all sorts of Grain. And when trade is once distinguished, it would be necessary to perserve it so; which must be by hindring others to deal in such commodities that do properly appertain to another trade. This would be a very great advantage to young men, that have but stock enough to compass one trade, and none can in reason be against it; save only some overgrown Tradesmen, that have stock enough to engrose many Trades.
5.
That all Apprentices who are now in that condition should have their Indentures register'd, that it might be known what trade every one is bound to, and how long they have to serve of their time.
2.
And to the end that this good order may continue in the Shopkeeping trade, and that there might be other things thought of for the regulating the same, it would be necessary that all Trades were in companies; of the great conveniency whereof I do intend to treat at the latter end of this Book.
Obj.
But if no person should be permitted to sell any commodity that belongeth to the Shopkeeping Trade, but Shopkeepers only, then what shall the Clothier do with such commodities that he receiveth in truck for his Cloth.
An.
If the Clothier be convenienced in selling his Cloth, then he will not be so much expos'd to ruck it as he was before; but however, if he do at any time truck his Cloth for any of the Shopkeepers commodities, that then it should be lawful for him to sell the same in gross, and by whose sale, to those that are of the Shopkeeping trade, but not to buy and sell it as the Shopkeeper doth.
SECT. XV.
Concerning Taylers and others being Sales-men
.
THis is another thing that doth add to the great number of Shopkeepers, which was never wont to be formerly; for although a Merchant-Tayler is a very ancient Trade; yet, it is suppos'd that either they themselves did transport those garments that they made, for which reason they were call'd Merchants, as well as Taylers; or else they sold many Garments together, by whole sale to them that did transport them; but not one single Garment at a time, as now our sales-men do; for if so, then there would have been many of this Trade in
London
, long before the memory of any man now living; but its far otherwise, for many remember when there were no new Garments sold in
London
, as now there are, only old Garments at second hand.
Now this new Trade hath spoiled many other Trades, but especially the Woollen Draper, and the Mercer, which were formerly such Trades, that the most sufficient men in the Kingdom did place their sons unto; and the Tayler they have also spoiled, which was, and which would be again, a far better trade than the Sales-man is now if they were suppressed; which is as uncertain a trade as any is in the Kingdom; and there be more that do fail in this trade, than in any other
whatsoever
, that makes all men very cautious to trust them. And the reason hereof is;
1.
Because they are obnoxious to loose not only by old fashion stuffs but by old fashion Garments too.
2.
Because many of them set up with little or no Stocks, that they are often forced to sell for little or no profit; nay sometimes to loss, for ready Money to answer their Creditors.
Obj.
But Garments bought of them are abundantly cheaper than those bought at the Shops, and made up by accustomed Taylers, as they are called.
Sol.
This is so in appearance only, and not in reality; for should they work up their sale Garments with as good Cloth, or Stuff, as is bought at the Shops, and put in as good Linings, and bestow as much workmanship therein, as the customed Taylers do, then they could not be cheaper. But the reason that they appear so cheap, is, because the stuff they use in the sale Garments, is so very sleight, that no body would buy the same in the Shop; and because the Linings are very ordinary, being often taken out of old Garments: and farther, they make up that in a day, that the customed Tayler doth not make up in four days at the least.
Obj.
I know there are some that will say that they do buy their Commodities cheaper than the Shopkeepers do, and therefore it is that they do sell cheaper.
Sol.
But this is a very great mistake; for there are no men that do generally buy their wares worse than they, and that for those reasons before premised.
But admit that they did sell cheaper (which as I say in reality they do not) yet they are a great hinderance to the common and general good of this Kingdom which should be chiefly prefered, for hereby is lost a greater conveniency than is gained by it;
viz.
three substantial Trades for the preferment of the Youth of the Nation, for one that is not near so good, as the meanest of the three, if this were away. For admit that a Gentleman of four or five hundred pounds a year, should save twenty or thirty Shillings a year, by his buying of the Sales man, (which as I conceive, might be the most that any such person can save by it) yet they cannot be so great a benefit to him as is the conveniency of two substantial Trades for the preferment of his younger Children; so that it will consist with good reason to suppress them, seeing they are so injurious to the common good of this Kingdom. And few of them would be prejudiced by it, because most of them are Taylers, and so they may be still, and others that are not so, may be permitted to take up any other trade that they mangage.
SECT. XVI.
Concerning Pedlers, and petty Chapmen
.
THese are such that do proffer wares to sale by retail either by crying it in Cities and Market Town, or by offering it from door to door all about the Countrey, and which do greatly add to the number of Shopkeepers; for they carry their Shops at their backs, and do sell more that way, than many Shopkeepers do in their Shops, which is not only a prejudice unto them, but (if they are suffered) will (in time) be the utter ruin of all the Cities and Market Towns in
England
, for of late there is not any commodity to be named, and that can be any way ported, but that the Pedler doth carry all about the Countrey to sell; that people (after a while) will have little or no occasion to come to the Cities and Market Towns for any thing. This also was not wont to be formerly, and ought not to be now, as will appear if it be considered how much in these following particulars, the Shopkeepers are beneficial to the Common-wealth of this Kingdom; and hin how few of these the Pedlers are beneficial unto the same.
1.
The Shop-keepers do bear a very great proportion in all the Taxes of this Kingdom, whether Parochial or National; but the Pedlers do pay little or no Taxes at all: and if in this great Tax that is expected to come forth this Sessions of Parliament, they were to bear no more proportion thereof than the Pedlers, it may be queried where it might be so easily gathered.
2.
The Shopkeepers do bear likewise all manner of offices, whether Parochial, or National, which are very expensive unto them; but Pedlers bear no offices at all.
3.
The Shop-keepers do pay great Rents for the houses that they live in, which are more certain Rents to the Gentry than their Lands; but the Pedlers pay little or no Rent at all, for most of them do lie in Barns. And if the Rents should fall in Cities and Market-Towns in
England
, as they do in most places, especially in the City of
London
, they are never like to be rais'd again by Pedlers.
4.
The Shop-keepers do keep good houses, and do relieve the poor at their doors, spending abundance of meat, and other of the Farmers commodities in their families, for which they do always pay ready money; but the Pedlers are so far from being beneficial to the Common-wealth in this particular, that they are burthensome unto the same; for they beg the most part of their Victuals, and the Countrey people (when the men are in the Field, and there hath been none at home, but Women and Children) have been forced to relieve them for fear of being mischiefed by them.
5.
They and their families do wear out abundance of Cloths, which doth promote the trade of the Nation, but it is very little advance of any trade that the Pedlers do make herein, for their Cloths do differ little from Beggars; and did they wear better, yet they could not wear out much, because few of them have Families to do it.
6.
The Shop-keepers Trade is esteemed creditable enough, for the preferment of the best mens sons in the Kingdom, next unto the Nobility, but so is not the Pedlers trade; for surely sufficient men would disdain to have their sons Pedlers, and to wander about the Countrey like Vagabond Rogues as they do.
7.
The Shop-keepers being sufficient mens sons, and being soberly, and religiously educated, they come to have (for the most part of them) such principles in them, that they detest to use any indirect way in their dealings. And if they had not this inward principle, yet the consideration how Prejudicial any such thing would be unto them in their Trades by reason of their fixed ha bitations, doth make them to do
that
which is right and just in their dealings. But neither of these can rationally sway the Pedlers, because their education usually is very base and vile, being (for the most part of them) wanderers from their youth, an imployment that few sober men do meddle with, so that no man knows whether they have any principle of Religion, yea or no, for it is seldom that any of them, are ever seen at any Church whatsoever: and then they being Wanderers, makes them bold to use any indirect ways in their dealing, when they have an oppertunity; for when they have done, and taken their money, away they are gone into another Country, and are seen no more in that place.
And this is the reason that they do often sell one thing for another, as Callico for Holland, and do sell that by the yard, that is usually sold by the ell, and do often make less than measure, extreamly, cheating the ignorant Country people in the price of their commodities by their asking sometimes three times the price more than they can afford them.
8.
And as the Shop keepers are seldom guilty of any indirect ways in their dealings; so much less are they at any time guilty of any fellonious actions. But this cannot be said of the Pedlers, who very often are arraigned at the Bar for breaking open of houses, or such like things as these are, having by reason of their selling of Wares, access to all mens houses, and so do know the weakest part of every mans house; and if they are not actors herein themselves, yet they are able to inform any other person, who hath a mind to do it, which (doubtless) they do, as hath been acknowledged by some that have been arraigned for this thing; and then they are the receivers of all the stollen Goods, both of the Town, and the Country. Sometimes that which is stollen from Shop keepers in Market Towns upon their Market, and Fair days when they are busy; and sometimes that which is stollen from Country people, when their Linnen is hanged abroad to dry upon Hedges or other convenient places.
I shall not insist upon shewing wherein it is that they are prejudicial to the Shop-keepers, for this is obvious to every man already, how they do come into any place where the Shop-keepers Trade doth lie, and there do take most the ready money of their customers, whilst Shop-keepers commodities lie by them, and braid at home. And by this means they sell but little, (unless any one do want to be trusted) for they seek no further than their Shops for a trade, depending upon the people that shall come unto them, that do live within six or seven miles of the Town where they do live.
I might add many other arguments for the suppressing of them, were not these (already mentioned) sufficient.
Obj.
But many will say that they do sell cheaper than the Shopkeepers will, because either they do buy their commodities cheaper, or else they do steal the customs, and so may afford them cheaper.
Ans.
This is impossible, except they be such commodities that have been stollen; for no man reasonably can apprehend, but that the Merchants will sell as cheap to the Shop-keepers as they will to the Pedlers; because if at any time they do want their money, they do know where to find the Shop-keeper, both him and his estate; but so they do not the wandring Pedler, neither him nor his estate. And then I suppose their stealing of custom will be no argument for their toleration.
Now if the Shop-keepers do buy as cheap, then they will sell as cheap as they; and there is no Shop-keeper whatsoever,
but
will sell any such commodity that the Pedlers do sell, for a peny in the shilling or two shillings in the pound profit for ready money; and if they do sell for less profit, it can hardly be discerned by the buyer: And if they shall sell their commodities for less than it cost them, this can be no argument for their toleration; because hereby they may impoverish those persons that they do deal with, as already they have, and such that have been reputed to be with 20000
l.
Obj.
But should they be suppressed, what shall so many thousands of them do for a livelihood?
Sol.
That for those that are Scotch-men, it doth little concern us, they being people of another Countrey: And for those that are English-men, there are few of them but were Labourers before they were Pedlers, and so they may be again, should they be suppressed. There are two more objections which I refer with their answers to the next Sect.
As touching the way whereby to suppress these sort of men, I deem there need no other than the Law that is already in force, only it would add more strength to the Law, if the Statute of the 39
th
of the late Queen
Eliz.
were interpreted by the Parliament, to be meant of all persons whatsoever that should either cry the selling any wares in any City or Market-Town, except victuals only, or that shall wander about the Countrey, offering their wares to sell at the several places where they shall come.
SECT. XVII.
Concerning petty Shop-keepers living in Country Villages
.
THis is another thing that (as well as Pedlers) doth greatly increase and add to the number of Shop-keepers, and doth likewise contribute towards the ruining of the Cities and MarketTowns in
, and which was never wont to be formerly; for now in every Country-Village where is (it may be) not above ten houses, there is a Shop-keeper, and one that never served any Apprenticeship to any Shop keeping Trade whatsoever; and many of those are not such, that do deal only in pins or such small wares, but such that deal in as many substantial commodities as any do that live in Cities and Market-Towns, who have not less than 1000
l.
worth of Goods in their Shops, for which they pay not once farthing of any Tax at all either Parochial or National.
Certainly all men must needs apprehend, that if this, and Pedlers be suffered, that Cities and Market-Towns must needs be impoverished, because then there will be little occasion (I say) to bring the Countrey people to them, the which hath happen'd in a very great measure already; for in some places there is not a fifth part of the money taken by the Shop keepers as was formerly, and in many places not half, and in some particular trades there is (as may be made appear) 25000
l.
stock made use of less than there was heretofore. And there are these several reasons following, why it is necessary that Market-Towns and Cities should be encouraged and upheld in their trades.
1.
Because the people that do live in Cities and Market-Towns, do depend wholly upon a trade for the maintenance both of themselves and their families: And if their trade be taken from them by such waies as these are, they will be at a very great loss to know what to do, because they were never bred to any thing else; yet so it is not with those that deal in Villages, who have been bred in some other way. And they have, or may have some other way of living besides the Shop-keeping trade.
2.
Because if Cities and Market-Towns be impoverished, then the general part of the people of this Kingdom will lose that necessary conveniency before mentioned for the preferment of their children. And this is one reason that when many Parents have been at great charge in placing forth their children to trades in Cities and Market-Towns, and the children have faithfully served out their full time, that after all, they are but little the better for it, because Pedlers, and Shop-keepers in Villages, such that never served any Apprenticeship to any Shop-keeping trade, do intercept a very great part of the trade from
coming
to them.
3.
This will be a great means to depopulate not only the Cities and Market Towns, but also the whole Kingdom; for when men can find little or no incouragement in their trades, then they will endeavour to transplant themselves into other Countries, where they may have better incouragement, by which means we shall lose our people; whereas (in the opinion of many wise men) we do already want more people in
England
than now we have: there being very great numbers that have gone, not only into our own Plantations, but into
Holland
, and setled there.
4.
If Cities and Market-Towns be impoverished and depopulated, then there will not be raised out of them that proportion of all manner of Taxes as now there is; so that the burthen hereof will be the heavier upon lands and revenues in the Countrey. And it will be a very great diminution of all those standing taxes, that the Cities and Market-Towns do bear the only, or at least the greatest proportion, as they do in the excise of Beer and Ale, for little is gathered any where else: And the Farmers of the Excise are alwaies sensible of the ebbing and flowing of trade, whose Excise doth ebb and flow accordingly. And then if Cities and Market-Towns grow poor, the Chimney-money will never increase thereby. The gatherers of this Tax are able to give an account what multitudes of Paupers are exempted by certificates in Cities and Market-Towns in
England
; and yet notwithstanding there be many do pay, who had need also be exempted.
5.
If Cities and Market-Towns be impoverished, and depopulated of their wealthy and rich inhabitants for want of trade, the great and numerous poor that are in most of them will want to be relieved, which is a burthen that doth lie very heavy upon them already; for in some Market-Towns there are many that are not worth much above a hundred pound stock, which do not pay less than ten shillings a year towards the relief of the poor; which is such a burthen, that if it lay upon the Countrey Farmer, it would much weaken him in the paying of his rent. Now if the poor should not be relieved, what can be expected, but that swarms of them would go into the Country for relief, as already they do in many places? And when the ruder sort cannot get enough by begging, they will by pilfering and stealing. So that the consideration of these poor, and the many younger Brothers that will be out of any way of living, with the like contingencies, will admi nister just occasion to any wise and intelligent person, easily to presage the misfortunes and miseries that will hereupon necessarily ensue throughout this Kingdom.
6.
If Cities and Market-Towns be impoverished and depopulated for want of a trade, then what will the Countrey-man do to have money for all his commodities, as his Butter, his Cheese, his Cattel, his Wooll, his Corn, and his Fruit? the Shop-keepers in the Countrey Villages will yield but little help in this case, and the Pedlers much less. It is manifest, that the people living in Cities and Market-Towns, consume all these commodities of the Farmers, and do help them to ready money for the same; by which means they have wherewith to pay their rent, and serve their other occasions; and it is impossible for them to subsist but by this way. So that in all reason this kindness ought to be reciprocal, and when it is so, it is the better for both; for it cannot be supposed that tradesmen in Cities and Market-Towns should ever hold out, to buy the Farmers commodities, and help them constantly to money for them, if they should alwaies go home, and lay out little or no part thereof again with them.
7.
If Cities and Market-Towns be impoverished and depopulated for want of Trade, the Kingdom may then be obnoxious to its enemies upon all occasions: For these use to be the fences and bulwarks of a Countrey, insomuch that in some other Countries they are so far from admitting of Trades-men to live in Villages, that their Gentry do not live there, but in the great Cities and Towns; by which means they have greater Towns than we generally have; and most of their Towns are walled, and so are not only able to resist an enemy, but also upon all occasions to succour and save those that shall fly unto them.
Furthermore, the Kings of
England
have been alwaies furnished with men for their Wars out of the Cities and Market-Towns of this Kingdom; and the greater trade there is in any place, the more people commonly there are in that place: Therefore it concerns this Kingdom to have Trade promoted and encouraged in Ci ties and Market-Towns, that so we might have people enough at all times to resist an enemy that shall oppose us. Besides, poor and beggerly Cities and Market-Towns are a very great disparagement to a Country, but the contrary is a great honour: For what more graceful to a Kingdom than the many rich and wealthy Cities and Towns therein? for this reason, as well as for all those already mentioned, all persons that are of publick spirits, should do all they can to advance them, by encouraging of their trade; and no one way can do it more effectually, than to suppress those that do take their Trades from them.
I might add here also, that many of the houses in Cities and Market Towns do belong to many Gentry, and therefore they should be concerned for the encouragement of Trade therein, because thereby they will advance their own revenue. But this particular I have mentioned already under another head.
Obj.
But these and Pedlers are a very great conveniency to the Countrey people, who have the opportunity of buying their commodities at home.
Ans.
1. If any person is so in love with this conveniency that he is unwilling to part with it, then it is pity that the said person had any other way but this for the vending both of his own, and Tennants Country Commodities.
2. There are very few of the Gentry in this Kingdom, but who have Horses and Servants, and so can send to a Market Town at any time, for any thing that they shall want; and for others there are few in
England
(especially within 80 or 100 Miles of
London
) but they may either go or send thither two or three times in a Week. Formerly people had not this conveniency, and yet then they did well enough; for if they do not depend upon the having of any small thing at home, they will be sure to remember, to have all that they want, when they either go or send to a Town.
However, if there be any such place, that is so remote from a Town, that they cannot send to it, without too much trouble, there a Shop-keeper may be allowed to set up, alwaies provided that he hath a certificate of his freedom of some Shop keeping Trade; and that the place where he shall set up in, be eight measured Miles from any Market Town, which is hardly six by computation.
Obj.
2. But these and Pedlers do occasion more Wares to be sold, than otherwise there would be.
Sol.
If these and Pedlers be suppressed, then the people in the Countrey will frequent the Towns more, which will encourage the Shop-keepers to be better furnished than now they dare to be; and doubtless they will be as ingenious and as dexterous (though perhaps not so impudent) as the Pedlers to put off their Commodities; and people when they are in Town, will be apt to buy more than now they do, that they may not want when they have occasion; and so by this means abundance of Wares may be used more, because having thereof by them, they will be apt to spend the more; so that there will be little in this; besides, admit that these and Pedlers do promote the sale of some small trifles, yet they hinder the sale of those Commodities, that do more concern the publick good and interest; for if they be supprest, then people would frequent the Towns more, which will occasion more of Beer, and Ale, and Wine to be spent than now there is, which will advance both the King's Customs, and his Excise.
Obj.
3. However some may say, it may be necessary for people in the Countrey to sell some small things, as pins, and the like.
Sol.
That under this pretence many will sell all other things, as hath been already shewed; and if men were of such publick spirits to endeavour to promote the trade of Cities and MarketTowns indeed, then it would be necessary that there were no trades permitted out of them, but such only that the Countrey cannot be without; such as a Black-smith, a Plow-wright, an ordinary Carpenter, and Mason, a Cobler, and a botching Taylor, fit only to mend and make the childrens clothes. Neither would it be necessary that any Ale-houses in the Countrey be allowed to sell any Wine, or that they have any Bowling-green, or any thing else that might hinder the Gentry from coming to Market-Towns.
And as Shop-keepers in Villages, are a very great injury to Market-Towns, in the Countrey, even so are they to the City of
London
, that have (since the fire) set up in
Convent-Garden
, and on that side of the City; by which means many of the houses and Shops, are not tennanted, and those which are, the Rents of them are exceedingly fallen; and all this is for want of the Trade that they had formerly.
Now considering what a renowned City that is, both for government, for Trade, and for stately Edifices, that its thought, there is not the like in the whole World; and considering the geat charge that they have been at in the rebuilding of it, it is very requisite that they should be encouraged as much as may be, and that their Trade should not be taken away by such ways and means as these are. Now there are some Trades whose Commodities are such, that it would be very little more trouble for any one to go into the City to buy them, than to go to
Convent-Garden
, such as Wollen, or Linnen Cloth, Stuffs, or Hangings for Rooms, or Plate, or the like; if then all such Trades, were prohibited from setting up on that side of the City, it would presently fill their Shops and Houses with people, and their City with trade, I had thought to have treated here, how the Shopkeepers are inconvenienced to get in their small debts, which cannot be done any way without putting the people concerned to three times more charges than the debt is, which is likewise a great hinderance to the poor, as well as unto them; but this I shall omit, this book being already swollen much bigger than I did at first intend.
SECT. XVIII.
Some things suggested that might be for the improvement of Trade
.
IT is the custom of all Countreys to endeavour the improving of that which seemeth most nearly and chiefly to concern them; and other things that are more remote, not to be solicitous for; and therefore the
Dutch
do endeavour the promotion of Trade, for that is their nearest and chiefest concern; and we do chiefly endeavour the improvement of rents and revenues, because this we apprehend is our nearest and chiefest concern. Trade seemeth to us to be more remote, although, as I humbly conceive, if it be rightly considered, that the way to improve rents and revenues, is first to improve trade; because the improvement hereof is the natural product of a good and flourishing trade. As for example if there happen to be a
flux
of rain to fill all the little rivulets and dikes, they do naturally cause the greater river to rise by their flowing into it; and the greater confluence of waters there is in any of these rivulets, the higher will be the tide of the greater river. Now it is the same between trade and revenues; for if there be any flux of trade, that the trades-men thereby have a plenty, it presently advanceth all the Farmers commodities, and so consequently rents and revenues too; which are not only lands in the Countrey, but houses and shops in Cities and Market-Towns; and the freer current there is of trading, the higher will be the tide of rents and revenues. And so on the contrary, if the Farmer be obstructed, the latter will be impeded and hindred. So that all persons are concerned to endeavour the promotion of trade. And for a farther incitement herunto, consider that the
Dutch
already have gotten into a trade with all the world, and the
French
King doth lay about him amain for his people to get into a trade too; and therefore it doth highly concern us to do the same; especially seeing that (as all Writers upon this subject do say)
England
hath as many conveniencies for trade as most places in the World, and the people are as industrious, only there wants laws to set their trade right, and afterwards to keep it in a right and good order: for if a watch be never so exquisitely and elaborately framed, yet if there be not a hand to set it right, and afterwards to keep it so, it will quickly prove faulty, even as it is with trade at this time.
Now to the end that trade might be promoted in this Kingdom, and that it may be regulated and set in such order, that it might run in its right current, and that we might be able to balance either the
Dutch
or
French
herein; I shall humbly suggest these three necessary particulars, that in all probability will effect the same.
1. If there were a counsel for trade made up of some eminent trades men of the City of
London
, mixt with some of the Countrey, and some eminent Clothiers, who might consider what might be necessary for the promotion of trade, and for the right setling thereof, and who might suggest the same to the Parliament when they do meet, that so they may have the less to do herein; for the whole structure of trade is very much out of frame at present, which would require much time to set it right again; and the Parliament do seldom sit above two or three months or thereabouts at a time, and then they have such a throng of other business obtruding them, that they have little or no leisure to mind the concerns of trade.
SECT. XIX.
Concerning all Trades being in Companies
.
IF all those of a Trade were of one and the same Company, and had power to make some by-laws for the good of their Trade, it would extremely conduce not only to the promotion of the same, but to the keeping of it in a right and good order, preserving (at least) a
temperamentum ad justitiam
, if not
ad pondus
in our trades and negotiations.
And doubtless
ab origine
it was so in
London
, as appears by the several denominations of their several Companies; the defect whereof, I judge, is the reason that the trade of that City is declining, and grown so consumptive, and (unless suitable and timely means be used in order to its recovery) will certainly and suddenly expire: For if none were of a Company but those only that were of the same trade, they would be freqently whetting one another to do something that might be for the advancement thereof; and every one would refrain the doing of any thing that might give a wound to the same, for fear of being reprehended by the Company.
But now if any persons trade do differ from the trade of his Company, of which he is free, he doth then mind but little the trade of that Company, because he hath a small benefit by it; but if his trade be the same with the Company of which he is free, then he is very often mindful of what may be necessary to promote the same, because he doth expect a benefit by it.
Now (I conceive) this might easily be reduced to what it was at first; for it would be no prejudice to any of the Companies, for every one to have the liberty to come into that Company that his trade is of, and to be in the same state and degree therein, as he was in, in that Company that he came out of, without paying any thing more for it; because, as they shall hereby lose some of their members out of every Company, so will there be received some more into them.
Obj.
Now there are two Companies in
London, viz.
the Girdlers and Fletchers, that the trades thereof are quite lost and gone, there being none of either of them; and if this device should take place, the rents belonging to those two Halls will be lost, because there will be no body to look after them.
Sol.
That the Linnen-Drapers have no Hall, and is no Company, which now is the most flourishing trade of the City; therefore it would be very convenient to joyn these two Halls together, and to make them belong to the Linnen-Drapers Company.
And then to the end that this order might continue, it would be necessary that no person be suffered to set up the Trade of any particular Company, unless he be first made free of the same.
Obj.
But if this be so, then the priviledg of the City will be lost; which is, that he that is free of any trade, may set up any other whatsoever, that he can best live upon.
Sol.
My meaning is, that he that hath been Apprentice to a working Trade, should not have the priviledg of setting up the Shopkeeping Trade, and that for the reasons that have been already given: Yet I deny not but that it might be convenient enough for any Shopkeeper (that is only of buying and selling) to have that priviledg to leave his own Trade, and to take up another Shopkeeping Trade, that he may live better upon. But then it would be necessary that he should be enjoyned to leave his own Trade altogether, and to quit his freedom of his Company, and that within a certain time, that may be thought convenient; and that he be also further enjoyned to take his Freedom of that Company as the Trade is of that he intends to set up, and that within such a convenient time.
And as this being in Companies, is necessary for Shopkeepers, and all other Trades, even so it is for Merchants too, that all they that do trafique to any particular Country, which should exceedingly encourage all Forreign trade; for there would be then such an order in the Trade of every particular Countrey, that men would gain thereby, whereas now it doth too often happen, that they do loose.
I know there are very wise men, that are very much against Merchants being in Companies, but I cannot find that any Merchandizing Trade is managed so well, as those that are managed by Companies; and this appeareth by the
Dutch
, who do trade altogether in Companies, and who is it that hath such success in Trade as they have; likewise our
Hamborough
trade was never carried on better, than when they were in a Company, and it was then better for Clothiers too, then ever it hath been since: and I cannot but believe that if the Fishing trade, that is so advantageous to the
Dutch
, were committed to a Company, it would in a short time turn to a very good account.
But I suppose that the reason that many are against merchants being in Companies, is because hereby many men would be barred from adventring to any Countrey, unless they were free of that same particular Company. Now to help this, it would be necessary that any one should have the liberty to be of any Company of Merchants that he hath a mind unto, always provided that every such person do engage to submit to the Laws and Orders of the said Company; and if it be so, it can be no prejudice to any man, for he that hath an estate enough, may be free of many Companies, and so may adventure into many Countreys.
Obj.
But now every particular trade, cannot be a particular Company in few other places but in
London
, by reason of the paucity of the Traders there.
But yet nevertheless, they may be in Companies in the Countrey Towns, for there may be many Trades that may conveniently be of one Company; as all these Shopkeeping trades,
viz.
The Woollen and Linnen Draper, the Mercer, the Milliner, the Apothecary, the Grocer, the Chandler, the Ironmonger, and the Book-seller; even so many Shop-keeping working Trades may be of another Company, and many other working Trades, that are not Shopkeeping Trades may be of another, and those that employ the poor, may be a distinct company likewise.
Now it would be necessary also, that these Companies in Market Towns, should have the same priviledges, as they have in the City of
London
; that is to say, that they might choose their own officers, and have power to make by-Laws, for the benefit of their trades, and bind Apprentices, and make them free, and to give them a Certificate of their freedome, without which no person should set up any Shop keeping Trade in any place whatsoever. Neither would it be fit for any one to manage two Shopkeeping trades, that is to say, such that either have been distinct trades of themselves, by the custom of the place, or that may be made so by agreement of the Shopkeepers of any place; for as I have said, it would be much for the benefit of the Shopkeeping Trades, that they are distinguished as much as may be. Neither should any person be admitted to manage any other Trade but his own, unless he doth leave the same altogether within some convenient time after he hath set up another; and in default hereof he should be liable to a penalty. And then it would be expedient, that that irrational custom of Corporations be taken away,
viz.
That no one should set up a Trade in any place, but there only where the party was Apprentice. I can see no reason for this custom in any place but
London
only; for why should any man that hath served his time to a trade, be barred from setting up in another place, if he can have a better livlihood there, than he can where he served his time or; if a young man shall be offered a Shop, and a Wife in another place; why should he be barred of such an opportunity, that is so much for his preferment.
Therefore it would be necessary, that he that hath served an Apprentiship in any one place, might have the liberty to set up in any other whatsoever; always provided that he hath a Certificate of his freedome, and that he is not likely to be chargeable to the Parish.
SECT. XX.
Concerning the great conveniences that Markets would be to the Woollen Manufacturer and others
.
3. If there were weekly Markets appointed in convenient places of this Kingdom, for all the manifactures thereof to be sold, it would extremely help our trade, and be a very great benefit both to the Sellers, and also to the buyers.
For by this means, the Sellers, so soon as they have made their manufactures, would have presently a Market to go to, where they may meet with variety of Chapmen; and if the Market do not serve one day, it will be no great charge for them to go home, and to come another; when it may be their wares might go off better, and then all the rest of their time, they are at home looking after their affairs; whereas now, they are forced to spend a considerable part of their time, in running up and down the Countrey to sell them Wares, whilst their business doth go backwards at home.
And as it will be convenient to the Sellers, even so it will be to the Buyers too, who by this means will have the opportunity of the choise of goods, and of furnishing themselves with all the assertments of such commodities as are sold at that Market, which they could never be supplied with by the Hawkers.
Now one great reason, why so many manufacturers do run all about the Countrey, hawking of their Commodities, is because they have had hardly any other conveniency but this to sell them; except it be at Fairs, which (as it may be supposed) are not so convenient as Markets; and that for these following reasons.
1.
Because that after the Manufacturers have carried their Commodities a great way to a Fair, they have only one single Market to depend upon for the selling thereof; of which they being very sensible; and having waited for this Fair, and considering far ther, that it will not be very soon, that they shall have the opportunity of another, and that it will be a charge to carry their Wares home, and bring them again the next ensuing Fair; they are therefore very solicitous and earnest to put off their Commodities by trucking them for things that they know not what to do with; and this is the reason likewise, that the Clothiers do so much run into the Shop-keeping trade as now they do, and is the cause of ruining both the Trade of the Countrey, and more especially of the City of
London
.
2.
Because there being so far a distance of time between the Fairs, that the poor Manufacturer his Stock will not keep on his Trade so long, which doth put him upon the borrowing of Money, which he promising to pay again at the Fair, is many times forced to sell his Commodities for ready Money to a very great loss.
Now a Market every week will remedy this, because when this poor man hath made as far as his Stock will go, there is a Market ready for him presently to go to, so that by this means, he may seldom have occasion to borrow Money to drive on his Trade.
Now concerning the places, that might be most convenient for these Markets, it would be necessary, that wheresoever any Commodity is made, that there should be a Market for the same,
viz.
at
Meer
for Ticks, at
Sherborne
for Buttons, at
Taunton
and
Exeter
for Serges, and
Manchester
for Dimithys and Fustions, and other Commodities made there; at
Norwich
for their Stuffs, and likewise at all Sea-ports, where any of our Manufacture is shipt off; as at
Bristol, Southampton, Hull
, and
Newcastle
, and the like;
London
will be a Market sufficient for all places within threescore Miles of it.
And then when once these Markets are setled in the several and respective places, it would be necessary that no person or persons whatsoever, have any liberty, either to buy or sell any such Commodities, that are usually bought and sold by Shop-keepers, but either at the Market-place appointed in the several Cities and Towns, or at his or their own dwelling house, & he that should either buy or sell any such commodities that should be proffered, (unless it be in one of the aforesaid places,) they should be liable to a penalty.
Obj.
But should the Silk-weavers, and all others, be enjoyned to sell their wares at a market, it may be prejudicial to the whole-saletrade in
London
; because many Countrey Chapmen may buy at these Markets.
Sol.
That they have already in
London
a by-law, that all wares are forfeited that are forreign bought, and forreign sold, and none but Free-men are allowed to buy at
Blackwell-Hall
; and so it may be at these Markets: And for the benefit of the City, it may be more strict,
viz.
That it should be unlawful for any Free-man to allow any other to buy at these Markets in his name.
SECT. XXI.
Concerning the making of Linnen-Cloth
.
NOw all men do look upon this to be one of the best designs that ever was in
England
, because hereby our Poor will be employed, our Land will be improved, and many thousands of pounds will be saved from going out of the Kingdom for this commodity.
Concerning the place that would be most convenient for the setling of this Trade; it should not be any where within sixty miles of
London
, especially all along by the river of
Thames
; for all the land in this distance doth bring forth little enough to supply that City with Corn and other Provision: And besides, all these places would be most convenient for the clothing-trade, as appears by those reasons before given; neither would any of the West Countrey be convenient for it, because there they have a manufacture that is sufficient to employ them already.
Therefore, as I conceive, that the only place for this Trade would be in the Northern parts of
England
, especially if the
Irish
Act be repealed; and that for these reasons.
1.
Because those lands that are now used for the breeding of cattel, may then be used for the sowing of Hemp and Flax, which doubtless in a very short time will be as great an improvement unto them as the breeding of cattel can be.
2.
Because there the Poor do work at very low rates, which will make the Linnen to be the cheaper, and therefore the more likely for the trade to take effect.
3.
Because hereby our Shipping will be employed in the same manner as it is now, from
Morloix
and St.
Malo
; for
Hull
and
Newcastle
will be both convenient Markets for the commodity, and convenient Ports too, from whence it may be shipt off for
London
, and other places.
Now for the effecting of this trade in
England
, it would be necessary that the Farmer who doth sow the Hemp and Flax, should hackle it, and get all the stubs out of it before he offereth it to sale.
2.
When he hath so done, that then he bring it to a Market to sell as Wooll, or as any other thing is sold.
3.
That there be Linsters or Linneners in the Cities and Market-Towns in those parts, that should be encouraged, who might buy this Hemp and Flax of the Farmer, and cause it afterwards to be drest, and spun, and woven, and whiten'd, and made fit for the Market. And it would be necessary that the thread be whitened before it is made into Cloth, which will hereby the more resemble
French
Lockeram and Dowlas, and will be much the stronger Cloth.
And the way to encourage the people to adventure upon this trade, would be to secure them from being losers by it; for those that are most likely to do good upon this trade, must be such that are stirring men, and that have some small stock of their own; which being all that they have to depend upon, are unwilling to hazard it in a publick concern; and there is no reason that they should, especially because its seldom but that he is a great loser who doth first adventure upon any new project. Now this is the way that the
Dutch
do take in any such design, and it must be the way that we must take to, if ever we intend to effect any thing of this nature in
England
, as is plain in that there have been but little or no progress made herein, though it be near fifteen years ago since the Parliament made a law to encourage it.
Obj.
But if those that do undertake this business be secured from losing, then the Countrey may be cheated; for they may pretend to be losers when they are not.
Sol.
It must be expected that in the obtaining of such a trade as this is, there must be some inconveniences dispensed with at first, which will be better born by a publick than by a private stock; and then this inconveniency may not be for any long continuance, but only unto such time that the people have learned the way, and are a little acquainted with the same. I shall not suggest any thing how this stock may be raised for the securing of those persons, because that may be easily done in the several and particular Counties where this manufacture shall be made.
4.
That it would be necessary that there be a Dame in every Parish (as was before suggested) to teach the Poor to spin this Linnen.
5.
That when once this Linnen-trade hath took effect, it would be necessary that we do lay as high an Impost upon all
French
Linnens, as they have laid upon all our Woollen manufacture.
SECT. XXII.
What Statutes in force may be injurious to Trade, and Trades men
.
THere are several Statutes in force that are injurious to trade, but especially that for the subsidy of Aulneage, as will appear, if any one do consider,
1. The exceeding greatness of the forfeiture, which for not paying of two pence for a Seal, there may be lost a piece of Cloth worth fifteen Pounds.
2. That notwithstanding the greatness of this forfeiture, yet Trades men are continually obnoxious hereunto; it being not possible to avoid it; for sometimes the Seal will rub off in carriage, which being found, hath cost some men dear; sometimes they rub off in shewing, and tumbling of the Wares in the Shops upon Market days; or when men are busy, they cut off the part that the Seal is annexed to, and do not mind it; and sometimes Servants are careless herein; but in all these cases these Cloths, or these remnants of Cloth are liable to be lost; nay a Shop-keeper is hereby hindred from selling half a Cloth at any time to a Chapman; because they cannot both have one Seal on their parts, and he that hath it not is likewise liable to loose his; so that by reason of this law, the Shopkeeper is in danger of losing.
By this means the duty is doubly paid, and more; for although there is not one Cloth or Serge that cometh into any mans Shop, without this duty being first paid, yet the Shopkeeper is forced to pay what the Aulneager will have every year; which commonly is more than the whole duty would come to, if he paid for every particular piece that he receiveth into his Shop; and if he desired more, the Shopkeeper must pay it; unless he will always be in fear of being prejudic'd. Certainly if Markets were established as is before suggested, they would remedy this, because then those concerned in the gathering of this Tax, may look only after the Cloth and Serge in the Markets, and so might not be permitted to examine any Mans shop, or at least, if they were, only whole pieces should be liable hereunto, and not any remnants; for no man for the saving of two pence, would cut his Cloth into remnants, and then it would be necessary, that the forfeiture doth not exceed five Shillings, which is enough for not paying of so small a sum; nay, and if the seal have been rubb'd off in the carriage, and that the Shopkeeper can procure a Certificate under the hand and seal of a Justice of Peace, that the party of whom the Cloth was bought, hath testifyed upon his oath, that the said Cloth was sealed, and that the duty thereof was paid; that in this case the forfeiture should be omitted.
2. The Person before mentioned
Mr. Cooke.
doth say, that the Statute against Naturalization, is prejudicial to trade, because there is a great want of People in
England
; there being so great a multitude, that have transplanted themselves into other Countries, and many lost by the late Wars, and by the great Massacre in
Ireland
, and the late great Plague; all which have very much depopulated
England
; especially all places that are upwards of fifty or sixty Miles off
London
; and then there is abundance of wast Land in
England
, such are Commons, which would imploy multitudes of people more than we have, though the law forbid other Nations: other Countries have thought this to be their interest, insomuch that they have not only invited the people of
England
, such that have had skill to work upon that Manufacture, that they have had a design to promote; but they have also encouraged them by appointing them a convenient place to live in, and exempted them for some years from paying those Taxes usually paid by the Natives; and if this be for the benefit of this Nation, (as is deemed, not only be the person before mentioned, but by many other judicious and Wise men,) then never was
there
a better oppertunity for it than now, when so many parts are so sorely infested with Wars, that people would (in all likelihood) be easily induced hereunto: indeed these
Walloons
that setled in
England
, in the raign of
Qu. Elizabeth
, were never hurtful but helpful to this Nation, and the Art of making their Manufacture is now as beneficial to this Kingdom, as any other whatsoever; and doubtless so would it be, if a Colony of people that had skill to make Linnen-cloth, were setled in the Northern part of this Nation.
The
Irish
act that prohibits the importation of their lean Cattel, doth greatly hinder Trade, in that the Money that was made of them was returned in Commodities; such as all sorts of Silks both wrought and unwrought; all sorts of Stuffs, both Hair and Worsted; Cloth Gold, and Silver, and Silk Laces, and many other Commodities, and then by this means there was meat in our Sea-ports for the victualling of Ships, which brought a Trade unto them from other parts; not only for Victuals, but for Tallow and Hides also; all which Trade by this Act is quite lost and gone.
2. It is injurious to the Grasiers too, in regard that these Cattel did cost less Money, and would fat sooner, and so did pay far better than would our
English
breed Cattel; and by reason that so much meat was vended into other Countries, from our Sea-ports, they always had a quick sale for their fat Cattel, which is not so now.
3. All men, both Gentlemen Trades men, and Countrey men, are injured by it, in that they pay at least a fifth penny more for their meat now, than they did before this Act was made, which if it were accounted from the time that this Act was made, it would amount to many hundred thousands of Pounds in the whole Kingdom: seeing then it is so much against the general good, it would be happy for this Kingdom if it was repealed; for there is but one little spot of the Land in comparison of the whole that receiveth any benefit by it, which is only in the Northern parts for breeding of young Cattel upon their Land, which (as I have said) would be as well improved by sowing of Hemp and Flax if in those Parts the making of Linnen Cloth was encouraged.
FINIS.
A Table of the several Sections
.
1.
THe introduction, shewing the reason why the ancient Trades of this Kingdom are impaired.
2.
Concerning the Clothing Trade.
3.
Concerning the transportation of Wooll.
4.
Concerning that which hindreth the making of our woollen manufacture good.
5.
Concerning that which hindreth the making of our woollen manufacture cheap.
6.
Concerning the damage and loss too often accrewing to the Clothier in the selling of his Cloth.
7.
Concerning the exportation of our woollen manufacture.
8.
Concerning that which hindreth the wearing of our woollen manufacture at home.
9.
Concerning that which hath ruined the Silk-weavers trade.
10.
Concerning the
manufacturers
retailing the Wares that they make.
11.
Concerning Hawkers.
12.
Concerning mens breaking, and paying little or nothing of their debts.
13.
Concerning Stage-Coaches.
14.
Concerning the Shopkeeping Trade.
15.
Concerning Taylors and others being Sales-men.
16.
Concerning Pedlers and petty Chapmen.
17.
Concerning Shopkeepers in Countrey Villages.
18.
Concerning a farther reason of the decay of Trade in this Kingdom.
19.
Concerning Trades-men being in Companies in every City and Market-Town in
England
.
20.
Concerning the great use that Markets would be to the woollen manufacturer and others.
21.
Concerning the making of Linnen-Cloth.
22.
Concerning some Statutes in force, that are very injurious to Trade and Trades-men.
ENGLAND AND EAST-INDIA Inconsistent in Their
Manufactures
.
BEING AN ANSWER TO A TREATISE, INTITULED,
An Essay on the
East-India
Trade
. By the Author of,
The Essay of Wayes and Means
.
London
, Printed in the Year, 1697.
Some Considerations upon Reading a Treatise, Intituled
, An Essay on the
East-India
Trade.
By the Author of the Essay on
Wayes
and
Means.
THE many Objections formerly made against the
East-India
Trade, because was carried on by the Exportation of our Coyn or Bullion, and by the Importation of Manufactured Goods and Toyes, were usually answered by the Advocates for that Trade, that such Goods could not be injurious, because were not spent in
England
, but Transported to Foreign Markets, and thereby occasioned the Importation of more Bullion than ever was Exported: But the Truth (which was formerly denyed) being now owned by this Treatise, that one half of the said Goods are consumed at Home, and that those Manufactured Goods do hinder the Consumption of what are Fabrickt by our own Peo ple. The Landed Men have now Reason to conclude, that they are more concern'd in this Contest, than the
Weavers
, as well for their particular Interest as the publick good: And therefore the Considerations here Offered are thought necessary, that these new Maxims and Arguments may be Examined; because the Rents of Land as well as Preservation of our Coyn, Consumption of our Manufactures, and the Imployment of our People, doth much depend upon what Resolutions may be taken for the settling of this Trade.
The General Notions about Trade from Page the First to Page the Eleventh are postponed, to be considered at the end of this Treatise.
Page the Twelfth asserts,
1.
That the
East-India
Trade is beneficial to
England
.
2.
That to Prohibit the Wearing of
India
Wrought Silks, Bengals,
&c.
will be destructive to the Trade of
England
.
To justifie the first Proposition, it is said, That we Export but 400000
l.
per Annum
, of which 1/8 to 1/4 is in our Home made Goods, and that the produce of 200000
l.
brought home and spent in
England
, being the one half, yields us 800000
l.
and the produce of the other 200000
l.
being in Goods sent Abroad to Foreign Markets, yields us another sum of 800000
l.
: And therefore that
England
gains by this Trade 1200000
l.
per Annum
clear.
Page
16, 53.
Instead of offering Vouchers to prove this Accompt, it is said, That it must be clear Gains, because the half spent in
England
prevents the Exportation of treble that sum in Money, which would otherwayes be carried out for the purchasing of Silks and Linnens in Foreign Parts, and that the other half must be clear Gains, because no one versed in Merchandize will deny it.
Page
16.
And for a further confirmation, the Author tells us
Page
17, That he hath cogent Reasons to believe this Nation did increase in Riches from
Anno
1656 to
Anno
1688, 2 Millions
per Annum
; and that after much study and thought did find, that the said increase did arise 900000
l.
by our Plantation Trades, 500000
l.
by our Products and Manufactures, and 600000
l.
from the
EastIndia
Trade; which we must believe, because he saith the matter is not capable of any clear demonstration to the contrary.
Page
18.
It is thought convenient to answer this Accompt with an Accompt much different, and yet probably as true,
viz.
That there hath been Exported for
India
Annually ever since
Anno
1673. when the Trade in Manufactured Goods from thence begun first to increase till
Anno
1690, about 600000
l.
per Annum
in Bullion by the Company, Private Traders or Interlopers, from
England
or
Spain
, and that the Goods brought from thence never brought back into
England
, nor saved the going out of 200000
l.
per Annum
in Bullion: And therefore that this Trade, instead of being profitable to us, hath exhausted about 400000
l.
per Annum
of our Treasure, and done us much Mischief by the Importation of such Goods; and that our Riches have not Increased ever since
Anno
1666, but have Annually Decreased very much by Trade.
But before any Argument should be enter'd upon, which of these Accompts is most Justifiable, 'tis requisite to agree upon matter of Fact and Principles, particularly what may properly be called the Riches or Treasure of a Nation? Or what may be esteemed the most Useful, after what is absolutely Necessary, to supply the Necessities of Nature? Some being of Opinion that nothing doth deserve that Name, or to be so esteemed, but Gold and Silver; because no other Metal is so lasting and durable, or so fit to receive the Royal Stamp, nor to be ascertained in Value, and divided into several Denominations, nor so convenient to pay Fleets and Armies; and because hath a general esteem in all parts of
Europe
, as fit for such uses, and to be the Standard for the carrying on of Commerce, and to be Barter'd off for all other Commodities.
That Jewels, Lead, Tin or Iron, though durable, yet having not those other qualifications, do not so well deserve to be esteemed Treasure.
That Silks, Woollen Goods, Wines,
&c.
may be esteemed Riches between Man and Man, because may be converted into Gold and Silver, yet do not deserve to be esteemed the Riches of the Nation, till by Exportation to Foreign Countries are converted into Gold and Silver, and that brought hither, because are subject to corruption, and in a short course of Years will consume to nothing, and then of no value.
This being stated, if agreed, whoever will undertake to make out, that we have either by the
East-India
Trade gained 1200000
l.
per Annum
, as asserted,
Page
15, 16. Or that the Nation did increase in Riches from
Anno
1656 to
Anno
1688, two Millions
per Annum
, must make out that so much was Imported in Bullion, over and above what was Exported: Which is so far from being generally believed, that many are of opinion, we have had our Treasure Annually exhausted ever since 1666, not only by the
East-India
Trade, but also by the great Exportation of our Coyn to the
Northern
Kingdoms to purchase Naval Stores, and Deals, Timber and Iron, used in the Rebuilding of
London
, and a greater number of Houses since erected elsewhere, and to other places and Countries for supplying the many losses of Goods that were burnt by the Fire, or spoiled in removing, for the purchasing of Foreign Commodities for the furnishing of the new built Houses, and to carry on the
French
Trade.
From
Anno
1656 to 1688 is 32 Years, which at 2 Millions
per Annum
is 64 Millions. All that remember how plenty Money was in this Nation
Anno
1656, may find reason to conclude that we have not now in the Nation as much Gold and Silver as we had then. So that either the 64 Millions hath been spent since 1688, (which no Man can believe) or else was never gotten; which is most likely to be true: Because, according to the best computation that can be made, it is concluded there hath not been Imported into
Europe
from
Africa
and
America
(from whence only any quantity of Gold and Silver comes) since the Year 1656, much above 2 Millions
per Annum
, and it cannot well be imagined that we have got all to our shares: But if the Author had spent more thoughts, and study, to have found out where the 64 Millions he mentions to be gotten, are now to be found, would have done the Nation a great kindness at this time.
In justification of what hath been said, that we lose by the
East-India
Trade, as it hath of late Years been managed, these particulars are offered.
1.
That it appears by the
Custom-House
Books, that there was Enter'd in the Companies Name, Shipt out from
Anno
1675 to
Anno
1685, above 4 Millions, which is above 400000
l.
per Annum
: And though it be difficult to make out exactly what was carried out, those Years, by Interlopers or particular Persons from
England
and
Spain
, to carry on Private Trade, yet it may be computed at 200000
l.
per Annum
.
2.
Of the Goods brought from
India
and Exported, it doth not appear by such Observations and Estimates that have been made, that 200000
l.
worth
per Annum
were ever Exported to
Spain
, or any Country from whence we usually Import Bullion.
3.
That from
France, Holland, Turky, Italy
, no returns usually come in Bullion; what being brought in from
Holland
against any Sale, usually going out again by the Course of Trade, seldom stayes long, because it is not supposed the ballance of that Trade hath for many years stood long in our favour, nor till we apply our selves more to good Husbandry in the Consumption of Foreign Commodities, can well be expected ever will.
4.
That no rational account can be given of any Gold and Silver imported into this Kingdom to continue here, but what comes from
Africa, Spain
and formerly
Portugal
, and some small Parcels sometimes from
Jamaica
, and that from all those places we seldom have imported according to the best Calculations above 600000
l.
communibus annis
for 30 years last past, and if 1/3 of that be allowed to be for
East-India
Goods, it is the most that can well be reckoned; and that whatever we have Exported more in Bullion annually hath been lost by that Trade; for what comes back in Goods to be consumed here, makes us no amends for the Treasure Exported, and Trades that cannot be ballanced with our own Products, ought to be rectified some other way, and not by sending our Money to
India
to buy Goods for that purpose.
Till these Objections be removed, we must be very credulous if we believe that the
India
Goods Exported bring us back as much Treasure, as that Trade carries from us in Bullion, and if not brought in by the Goods sold abroad, cannot possibly be brought in by the other half of those Goods spent at home. But to salve that, it is argued in this Treatise, that nothing can be a clearer Gain than 600000
l.
per Annum
by the Goods spent at home, because so much would otherwayes have been Exported to purchase Foreign Silks and Linnens.
But this Argument will appear to have no ground if our Course of Trade in Silks and Linnens from the
European
Nations be look't into, and how and for what uses those Silks and Linnens, and these from
India
are consumed, that will make it plainly appear that these Goods from
India
do us no such Service, and are so far from being a clear gains, upon any such Account, that do not save us any thing material, but are pernicious in the highest degree.
It is well known by all Traders, that the Silks imported from
France
were most Lustrings and Alamodes which have been computed to amount to 400000
l.
per Annum
, what other Silks came thence, were esteemed for their being of some new fashi on, and were usually high prized Rich Silks. The promoting of the Lustring Company to Manufacture Lustrings and Alamodes here, and incouragement to our
Weavers
to make such Rich Silks may prevent their coming from
France
, but which sort of these Silks from
India
are spent in the room of Alamodes or Lustrings or of any other Silks, that did usually come from
France
, is unknown to those skilled in that Trade. The Silks that usually came from
Holland
were Velvets, Alamodes and Lustrings; and from
Italy
, Velvets, Damasks and Taffaties; though it be not doubted but the Silks from
India
do hinder the Consumption of some Damasks, Taffaties and Sarsenets, yet being those were all, or most, purchased by the Products of our Manufactures, we had better have them, then send our Money to the
Indies
to purchase these.
Diaper, Dowlas, Canvas and Lockrams, which were four sorts of Cloth that composed the vast quantity of Linnens formerly imported from
France
, which as well as other Linnens taken from
Hamburgh, Germany, &c.
were most used for Sheeting, Shifting, Tabling, and such other uses in Families as have not hitherto, nor is it likely will ever be supplyed by these Linnens from
India
. The Muzlings and fine Linnens from
India
, it may be observ'd, are consumed for long Cravats, Nightrails, Commodes and Window Curtains, (an Expence not known in
England
till within these 20 years) also for Aprons, and thus do hinder the Consumption of Cambricks, and Lawnes, and the course Callicoes, of some course Cloaths. But if Cambricks and Lawnes, and most of such course Linnens were all purchased with our Woollen Manufactures; then we shall find reason to conclude we did ill to introduce the Expence of these Linnens from
India
, which are so far from being a clear gain to
England
, as asserted Page the 16, that they are costly and mischievous upon several Considerations.
As it doth not appear upon these Examinations that the
East-India
Trade is beneficial by bringing in more Bullion than carries out or by hindring the Exportation of any of our Coin for Silks or Linnens; so it may be affirmed, that the Silks do us a further Mischief by being spent directly in the room of our Stuffs made of Wooll, Hair, and mixt with Silk, and Worsted, and that no other silk made abroad, did ever serve for those uses, and therefore most dangerous.
The Arguments derived from the great Gains made by that Trade, as by several Accompts in that Tract, ought to be lookt on, as blinds or baites for unthinking men; for if the accompts be not true, then the Arguments grounded thereon cannot be good. It is well known the Company doth not export the Goods they bring, but sell them at a publick Sale, and that in the most flourishing times seldom got clear 50
per C.
by such Sales, the Merchants or Shop-keepers who buy of them, get 10 to 20
per C.
more, either by sending abroad or retailing them here, adding to this what is paid for Customs and Charges, yet all will fall much short of this Computation, and that part which is thus gotten by Sales at home, is gotten by their being a Monopoly, and cannot be reckoned as gains to the Nation; and taking the Stock from
Anno
1657. when first Incorporated to this day, there hath not been divided, (the Author owns Page 52,) not 20
per C.
others think not 10
per C.
per Annum
, amongst the Adventurers in that Company; and the
Crown
, Capt.
Dorrel
, who went an Interloper, was thought to make an extraordinary Voyage, because divided 50
per C.
and few others ever made the like. So that without better Vouchers then are produced in that Tract, these Accompts ought not to pass, neither ought we to believe that what is pretended to be gotten by the
East-India
Trade was so in Fact; no such Gains having been divided amongst the Adventurers, much less to the Nation, which may appear by their Books to be true, whatever Gains have been made by some particular Persons; but if 300
per C.
then must be hid as part of 64 Millions gotten by Trade since
An.
1656.
And it cannot be denied, but that this Trade hath the Worst Foundation of all the Trades we drive, because carries from us Gold and Silver, which we cannot well spare, and brings us back Toyes, Handicraft and manufactured goods, which we least want, not only to the hindrance of the Consumption of our Wooll, but the imployment of our people (from whence only Riches can have their original) and being the foundation is so bad, it will happily be found impossible to make the superstructure good. Measures taken of Trades, by the Gains made by the Traders, will alwayes prove Erroneous; from a due consideration of what sorts of Commodities are Exported, and Imported, a true Judgement can only being made, whether the Trade to any Country be good or bad.
As it hath been made out, that it is not probable that the Bullion Exported to
India
hath brought us back by the Goods transport ed to Foreign Markets, and that the Goods sold here do us any considerable service, by hindering the Importation of Foreign Silks and Linnens; so it is plain, that the pretended Gains made by that Trade on the Goods sold here is not Gains to the Nation, but gotten out of our own Peoples Pockets, by the Sales of such Goods to the Gentlemen and Landed men, or others, who are the Consumers, but not concerned in the Stock, by making them give great Rates for what they buy. The Nation by any such Sales to our own People cannot be imbursed of the Treasure sent out, in Gold or Silver, or get more then they would by taking away an Estate from
A.
to give to
B
. But if this be a good way to bring Gains to the Nation, to carry on Trade by Joynt-Stocks, then certainly we have been very imprudent, not to set up more Monopolies for Trade; there being several Trades, as well as Commodities, that might be named, of which if any Persons could get a Monopoly, or the priviledge of the sole Buying and Selling, would as probably make four for one, or as much as can be made by these Goods from
India
. Those that argue against this, have forgotten the Arguments amongst others which have been alwayes given by the Advocates for this Trade, for its being car ried on in a Company with a Joynt-Stock, that when the Trade was Free and Open, before Incorporated
Anno
1657, that all the Traders lost by it; and it was the chief Reason given for obtaining that Charter, and what have since weighed very much for the supporting of this now in being.
When Persons that have a Trade Incorporated sell their Goods at extravagant Rates to Foreign Countries, what may be gotten by selling them dear may in some cases be advantagious to a Nation; but extraordinary Gains made by any such Persons on Goods sold to our own People to be spent at Home, will appear to be Gains made by working upon the Nation, not for the Nation; to the advantage of some by the prejudice of others.
If it be said, that this Trade hath a good foundation, because Materials are plenty, and Labour cheap in
India
; it being agreed that these Manufactured Goods are spent both Abroad and at Home, in the room of our own. This instead of being an Argument for recommending this Trade, will appear the most dangerous part of it: For unless our Wooll fall to nothing, and the Wages of those that work it up to 2
d. per
Day, and Raw Silk and Silk
Weavers
Labour proportionable, the
India
Goods will occasion a stop to the Consumption of them; because those from
India
must otherwise be Cheapest, and all People will go to the Cheapest Markets, which will affect the Rents of Land, and bring our Working People to Poverty, and force them either to fly to Foreign parts, or to be maintained by the Parishes: And therefore how the Landed men are concerned in the Contest about this Trade, they may do well to consider.
By what hath been said in answer to this Proposition, it may appear that as long as we manage the
East-India
Trade as we have of late Years, we shall lose by it: That Gold and Silver is the only or most useful Treasure of a Nation: That we have not increased in Riches since
Anno
1666: That the Consumption of
East-India
Silks and Linnens at Home do us no service, by hindering the expence of any Foreign Silks or Linnens: That the
India
Goods Transported do not bring us in near the quantity of Gold and Silver Exported to carry on that Trade: That the
EastIndia
Trade hath a bad foundation: And that the great Gains made by Merchants, or Traders that carry on that Trade, is because the Trade is confined to some few Persons, who are but as one Buyer and one Seller: And that nothing but Bullion Imported, can make amends for Bullion Exported. Which if not observed we may Trade away our Riches, but not get Riches by Trade.
The second Proposition is,
That to Prohibit the Wearing of
Indian
Silks
, &c.
will be destructive to the Trade of
England.
Consider'd under three Heads
.
I.
As relates to the Woollen Manufacture
.
II.
As relates to the Silk and Linnen Manufactures
.
III.
As to the effects such a Prohibition will have
.
I.
As relates to the Woollen Manufacture
.
By what is said under this Head relating to the Woollen Manufacture it plainly appears, that the Author of this Treatise is of Opinion, that our Nobility, Gentry, and Landed Men, make too much of their Estates by selling their Wooll too dear; and that after many thoughts about it, had found out an effectual way to remedy this evil, by endeavouring to perswade them, that it is advantageous for us to send our Money to the
Indies
to buy Manufactured Goods there, to be spent at Home, as well as Abroad, in the room of our Woollen Goods, which he endeavours to prove is their true Interest to do, as well as the Interest of
England
, and that therefore it is their best way to sell their Wooll very Cheap, and to get little by it, that it may be Exported: And for their Comfort tells them, that though they may thus make but little of their Wooll, yet that those that drive the
India
Trade at the same time may make 400
l.
of 100
l. Pa.
28, 29, 30, 31, 32, 33.
That our Woollen Goods consumed at Home do not inrich the Nation, and that a high Price on our Woollen Manufactures may hinder the Sale of them, is agreed; but that we must therefore send our Money to
India
to purchase the Manufactured Goods made in those parts to be spent at Home, and Abroad, in the room of our own, in order to bring down the Price of them, by making Wooll and Labour cheap, are false Conclusions drawn from true Principles. If after we have used our best endeavours to keep up the Price of Wooll, and the Expence of our Woollen Goods, it should be our misfortune to be disappointed by the increase of such Fabricks in other places, or disuse in the Expence of them, we should and ought to submit with Patience; but it would be unanswerable to be so zealous to have it done, as to give the first blow our selves by discouraging the Expence of them at Home.
The Author of this Treatise might have done well to have told us to what price he would have Wooll fall, and in what places we can Consume more Wollen Goods abroad, many Landed Men have for many Years past found Wooll already so Cheap, that cannot without great difficulty make their usually Rents of Sheep ground now, and the generality of Merchants will own, that have not got by Trading in Woollen Goods for these 30 Years last past 6
per C.
per Annum
, the insurance of Adventures paid; and if it be considered how the Manufactures of Wooll are increased in
Ireland, Holland, France, Germany, Spain
and
Portugal
, and what a Drugg our Manufactured Goods are become beyond the Sea, and that have been Exported of late Years, rather out of Necessity to provide effects, then out of choice in hopes of Gaines; no Reason will appear for bringing Home, or incouraging the Expence of these Goods, if not in order totally to Ruin the Manufactury, unless we could be assured that the Falling of Wooll and Manufactures to a low Price, would first Ruin those other Manufactures, and then that ours would certainly Advance in Price again; or that it could not be done by opening the
East-India
Trade, and making those Goods Cheap, as well as by running down our own. And we should also have been told how the Landed Men and Poor should subsist whilst the Experiment was making, and how in case this Project should not take, we should retrieve what we may Lose by trying it, and how we should regain the Expence of them at Home, after the
EastIndia
Goods have gotten Possession by an
uninterrupted
usage: Unless these things be plainly made out, there will not appear any great Reason why we should permit the
India
Goods to jostle out the Expence of our own, and thereby occasion the Falling of Wooll, from 8
d.
to 4
d. per
Pound; For if the Landed Men should be disappointed in their expectations, would then conclude that were Cullied out of their Mony by being perswaded to part with a Bird in Hand, in hopes to get another out of the Bush from an unknown Country.
What Woollens, Silks, Linnens, and other Goods of our own Make we spend at Home, are for the supply of our Necessities; and hitherto hath been thought very advantageous, to save the Expence of such or the like Goods from abroad, as well as to imploy our People; and that the expence of such have always proved not only most Secure for our advantage, but the Cheapest: If we should reject our own, and prefer the Consumption of those from
India
amongst us, we may reasonably expect that other Nations should by our Example do the same, and so by our own endeavours destroy what we ought to be industrious to preserve.
It might as well have been argued that the best way for a Country Gentleman, that hath all Conveniences about his House of his own, should instead of using them for himself and Family, send his Mony to Market to buy, and then send his Products abroad in hopes of making of Mony of them, though he do not know of any Market or Buyer for them; or that we should not imploy our own Ships from
Newcastle
, or from Port to Port on our Coast; but the
Dutch
, who Sail Cheaper, to force our own to seek imployment abroad, in hopes might thereby bring Mony to the Nation.
But if it should be understood that notwithstanding what hath been said it is our Interest to spend these
Indian
Goods at Home, that we may save our Woollen Goods to have the more for Exportation; if no stop must be put to spending them, either at Home or abroad, seeing the 150000
l.
worth, which were brought by the last three Ships will appear to be more, then it may be presumed were brought here from the Year 1600, to
Anno
. 1670, though then a Trade was constantly driven to
India
: If such great Gains be made on them, why may not the
East-India
Merchants be tempted to go on increasing this Trade, till bring sufficient quantities to supply all Markets abroad as well as at Home. This is so far from being a groundless Supposition, if the Gains be so
Great
as represented, (or but 50
per C.
) that according to the usual Course of Trade, we may presume that if this Trade be approved by authority may increase very fast. For what Merchants will imploy their Stock, or their care to carry on the Trade in our Manufactures, when can have no hopes of more Gains then 6
per C
. If by getting into the
East-India
Trade and Dealings in those Goods, may have such great Profit as the Author hath Suggested: Therefore we should have been told what we should do with our Wooll, and our People too, if that Trade should thus increase upon us, which is more probable then that the Expence of our Woollen Manufactures will increase, if the Consumption of those Goods from
India
be continued.
But least these and such like Arguments given in that Treatise to perswade us that it is our interest to Consume these Goods at Home, should not be sufficient: At last the old Bugbears the
Dutch
, are called upon to frighten us into it, who, as upon all occasions when any contest hath happened about this Trade, are usually Summoned for that purpose; and therefore it is said Page the 33
d.
that if the
English
were forbid to bring
India
Goods into
Europe
, the
Dutch
would; and thereby hurt abroad the vent and Consumption of our
English
Cloath: But this needs no answer here, it being not proposed that the
English
shall be Prohibited from bringing these Goods into
Europe
; but only the Consumption of them in
England
; and the Consumption of our
English
Cloath were never understood to be much prejudiced by these Goods.
This Head cannot be concluded better then with the Authors own Words,
Page
the 9
th.
As Bread is called the Staff of Life, so the Woollen Manufactures is truly the principal Nourishment of our Body Politick
; which being an undoubted Truth, the Arguments in favour of
East-India
Goods, that they should be Consumed, either at Home or abroad in the room of them, are the more to be admired, because looks as contradictory as to affirm that the best way for a Man to preserve his Life, were to Cut his own Throat: And as much against prudence in the Carrying on of Trade, as that we should Discourage the Expence of our own Corn at Home, on a Supposition that by sending our Mony abroad, we may get Cheaper, and so force the Exportation of it; or that by Selling our own Cheap here, we may introduce the Exportation of it; or by having Woollen Goods from
Ireland
, to be spent here instead of our own, we may make great advantages by Exporting ours.
II.
As to the Silk and Linnen Manufactures
.
Upon this Subject the Author labours to make out that Silk and Linnen are not the Genuine off-spring of this Kingdom, nor the Manufacturing of them Calculated for our Meridian: That though some of the Materials may be had from our own Soil, yet most from abroad: That our Wages are so high we can never expect any good from these Manufactures; and that therefore our People must be imployed upon our Wooll, that we may purchase Silks and Linnens from abroad, in Exchange of our Woollen Goods; and if we do not take that Course we shall Lose our Trade to
Silezia, Saxony, Bohemia
and
Poland
; and that it is the prudence of a State to see that industry and Stock be not diverted from things profitable, and turned upon Objects unprofitable.
How Silks or Linnens perfectly Manufactur'd in
India
, bought with our Mony should be esteemed more the Genuine offspring of this Kingdom, or better Calculated for this Meridian, then our Silks and Linnens Manufactured at Home by our own People, is not apparent to all Mens understanding; especially being the Linnens are Fabrickt with Materials of our own growth, and the Raw Silk we generally have, is purchased by the Product of our own Manufactures, and but of a small value in proportion to the Labour bestowed in making it up, (which must be owned to be all our own) and that we cannot spend our Goods in
Turky
or
Italy
, without taking their Silk in return: Upon all which the proper Question is, whether we had best run the Adventure of Losing or discouraging such Manufactures at Home, and those Trades abroad, rather then put any stop to the Consumption of these beloved Goods from
India
.
As the Author hath sufficiently by such Arguments discovered his Transports of zeal for the
East-India
Trade; so how much prefers the welfare of the
Moguls
Subjects, the advancing of his Lands, and the imploying of his People before those of his own Country. Though many young Gentlemen have been prevailed with by Tradesmen, or those that serve them, to despise their own Products, and to spend in the room, what imposed upon them by such Traders; which hath too often ended in the destruction of their Estates; yet it may be said to be a bold attempt to endeavour to perswade the whole Body of the Nation, that it is their Interest to do so also; and to imploy none of their People on Silk and Linnen, because all hands may be imployed on the Wollen Manufacture, that all such Goods may thereby be Sold Cheap: But if Selling Cheap be so advantageous, and the true Interest of our Landed Men, that the Livelyhoods of so many People as live by the Silk and
Linnen
Manufactury, must be Sacrificed to effect it: Why hath he not given also some Arguments to have perswaded our
East-India
Merchants, or other Traders (who seldom think they get too much) to have given a good Example by Selling Cheap also? For without some such, though the Landed Men should sink their Price of Wooll, and the Poor
Weavers
should be taken off from the Silk and Linnen, that the Wooll might be Wrought up and Sold Cheap here to the Merchants, yet they may keep up the Price abroad, and Sell as dear as ever; and then this Project would occasion a Loss to the Landed Men, and disappointment to these
Weavers
; only to give a good opportunity to those that send such Goods abroad, to Gain the more by them: And if the Author be of opinion that the Expence of Manufactured Goods from the
India
be so advantageous, and that Selling Cheap is the way to increase Consumption; Why hath he not proposed the opening of that Trade, that it may not be any longer a Monopoly, that those Goods may also Fall in Price? For if there be 300
per C.
gotten by them as he affirms, though should Fall 200
per
C. yet would afford more Gains to the
East-India
Merchants then the Wooll or Woollen Goods to the Landed Men, or Clothiers at the present Prizes; and be the occasion of so great an increase of that Trade, that in a short time we should see no great need of taking of the
Weavers
from the Silk and Linnen Manufacture to be imployed on the Woollen: For the Goods from
India
would Supply the Markets in the room of them both abroad and at Home; that so there might not be any great need of many of them, especially if none must be Spent at Home, as the Author would have it.
But we are told
Page
42. that some of the Materials for Linnens may be had from our own Soil, though too dear, and not enough: But the Author hath had the ill fortune to be misinformed in that also; for the Bishoprick of
Durham
alone, will afford as much Flax (if incouragement were given for the Manufacturing of Linnen) as to make sufficient to furnish all
England
; and the County of
Somerset
, as well as others, would be found capable to supply any defect; and that there are many poor People in
Durham
that work for 3
d. per
Day; and that they make a Thread so fine as to be worth 12
s. per
Pound; and that there is Linnen of 7
s. per
Ell made at
Malton
in
Yorkshire
; and that we could make sorts fit for Tabling, Sheeting and Shifting, upon which the great expence of Linnen depends, very good and sufficient for such uses, to furnish the Nation: If cannot well be afforded so Cheap as to contest with what comes from Foreign Parts, yet should not be discouraged upon a supposition, that it is not the genuine off-spring of this Kingdom; for many Manufactures in this and several Countries, from a small beginning, have come to great Perfection, and therefore ought to have all incouragement given to it. That it is not come to more Perfection may happily, upon Examination, be found our own fault.
If the original, or chief cause or means of Riches must be from the Labour of our People, how do such Arguments, as are used in this Tract, consist with that Maxim? Our Woollen Manufactures must be reduced to near one half by not spending them at Home, Silk and Linnen Manufactures not convenient, and if Paper and Shooes,
&c.
had stood in the way of
East-India
Goods, it is probable that by the same way of arguing, those would have been cryed down also: And being about 40000 Fans came in the last Ships from
India
, with some Handicrafts Wares, as usual in all Ships, if they should be permitted to increase, with the Silks and Linnens from those parts, being purchased with Bullion, how shall the State imploy the People upon Profitable Objects, or prevent Poverty from growing upon us, unless could find out Mines of Gold and Silver: And therefore we should have been told, how our Industry and Stock could have been better imployed then in such Manufactures, before such advice should be given for the discouragement of Woollen, Silks and Linnen.
But upon the conclusion of this matter, the Author seems to be of Opinion that Silk and Linnen may do well in process of time, when
England
shall come to be more Peopled, and when a long Peace hath increased our Stock and Wealth; but the Author doth not tell us how the People we have shall live in the mean time, nor of any probability how our Stock or Wealth shall increase, nor how we shall then set up again, promote or incourage such Manufactures, if we should now permit them to be destroyed, being our being in War is an advantage to the Sale of some of those Commodities; neither doth he tell us by what we shall get Money to carry on this
EastIndia
Trade in the mean time: For some are of Opinion, that our Trade to
India
hath been carried on by Money arising from the Labour of our People imployed in other Trades, and not by the Gains or Returns we make by it; neither doth he tell us how we shall get Money to purchase the Linnen and Silk he would have us take from Abroad, nor what incouragement will be left for the increasing of People if these Manufactures be destroyed.
Page
28. and 34. having well argued how it is our Interest to imploy the People we now have, and that we want more; it looks like a Contradiction to argue, that we should not imploy any in fabricking Silk or Linnen, nor on Woollen Goods to be spent at Home. All to the Plow and Cart may be too many; and such as have been bred in Inland Countries have not a Genious, Spirit, or Inclination to the Fishing Trades.
If the Author of this Tract had gone as often to
Spittle-Fields
or
Canterbury
, as it may be presumed he hath to the
India-House
, and had informed himself what vast numbers of both Sexes, and of all Sizes, are imployed in that Manufactury, and had their sole dependance thereon, would probably have received such impressions as to have induced him to have forborn giving the Opinions he hath about that Manufacture, and have been convinced, that our
English Weavers
, even in that Manufacture, have shewed themselves able to contest with the
French, Dutch
and
Italian
, both as to Price and Goodness, notwithstanding the great Misfortune we lye under, of having so many of our Gentry fond of no Silks but what come from Abroad. That this Manufacture hath increased very much in this last Age, notwithstanding these difficulties, is an undeniable Proof against what is asserted, that this Manufactury cannot thrive in
England
. Men being so apt to mind their particular Interest in matters of Trade, that it is to believe a great Contradiction, that it should so much increase if it could have been out-done by the
French, Dutch
or
Italian
Silks, so as to have prevented the Makers or Master
Weavers
from making Profit by them; and how they have improved, to make them as good (if not better) than any made beyond Sea, may be evident to any person that will make an inquiry, examine or compare them, with what come from Abroad.
III.
As to the Effect such a Prohibition would have upon the
East-India
Trade in General
.
Upon this Head it is argued, that it will endanger the loss of half that Trade. If he mean that part of the Trade which is carried on by the Importation of Manufactured Goods, Handicraft Wares, China, Lacquer'd Ware and Toyes; and would have it understood, that a stop to the going out of our Money to purchase these Commodities, would occasion any Loss to
England
, would have done well, First, to have made out that ever we gained by those Commodities; otherwayes there be many that would not be much troubled to have that part of the Trade lost; it being supposed that the Salt-Petre, Druggs, Spices, and Course Callicoes, are all the Commodities we ever had from thence, that were necessary for us; and there can be no great danger the
Mogul
will deny us those, tho' we should leave him these for his own use; because till about the Year 1670, we did not usually take any others from him: And it may be difficult to find out any way to make that Trade Profitable, but by confining our selves to those Commodities, that we may send out little Money, and by Trading from Port to Port, and making Gains there in Trafficking with the
Indians
.
His Arguments against any such Prohibition, because no such Law would be observed, may be made against any new Law, and supposeth a strange Weakness in our Legislative Power; and that being one half of the Goods from
India
are spent at Home, there will be no incouragement for the Merchants to ingage in this Trade to
India
. If must singly depend on the Markets Abroad, is contrary to what hath been practised; for there was an
East-India
Trade long before we ingaged in these Manufactured Goods, and against his own Opinion in reference to our own Goods; having a little before argued that our Woollen Manufactures should all be sent Abroad; which may be as great a discouragement to
Merchants, Clothiers
or
Weavers
, to ingage in those, as for the
India
Merchants in these: And if it be agreed (as it is) that either our Woollen Goods, or those Silks, must travel, Why should we not rather put that difficulty upon these Goods, than upon our own? But at last would not have the present time good for such an Alteration, nor have it done rashly, nor without contemplating the Universal Trade of the Nation, whereas this Matter hath been already under Consideration Fifteen Years, and without much time in Contemplation, we might be satisfied that our Coyn growes scarce, and that this Trade hath for several Years carried out near as much Bullion as we have Imported from all parts of the World.
But least all this should not prevail to have this Trade continued, the
Dutch
, as usual, are again mustered up; though upon a due Consideration of their Trade to
India
, and how it is carried on, no well grounded Argument can be brought for the continuance of this branch of that Trade from any thing relating to that Nation.
The
Dutch
having had sole possession of the Island of
Ceylon
, the chief Islands in
India
for Cloves, Cinnamon and Nutmegs, for about Forty Years, and got the Command of
Bantam
, where Pepper is Plenty, and of other places where Spices are to be had: By that Commodity, and by Trading with their Ships, Spices and Goods, in those parts, and bringing Home what thus got, for the
European
Markets, no doubt have made it an Advantageous Trade to them; but they never sent out any considerable parcel of Gold or Silver for
India
, till after we had ingaged in bringing Home these Silks and Fine Linnens; then the
East-India
Company in
Holland
, to make Gains for themselves, though with the danger of destroying the Manufactures of their own Country, by our Example, ingaged also in these; but still carry on the Trade in them with a great advantage to us; for though have brought many of these Goods, yet never sent out one seventh part so much Bullion as we, and have alwayes used their utmost endeavours to discourage the Expence of these Goods in their own Territories, and yet they are complain'd off there, as much as here, and stops and restraints are often put upon the bringing of them from
India
: But if there must not be a total Stop or Prohibition till both these
EastIndia
Companies Consent to it, we may expect it, but in vain, till Temptations arising from Private Interest (however opposite to the Publick) be extirpated. The
Dutch East-India
Company will alwayes argue for the Continuance of this Trade, because the
English
bring them; and the
English East-India
Company for bringing of them, because the
Dutch
do: But the
Dutch
having them upon much better terms than we, may probably hold out longest. But the Trade being carried on there by a Monopoly, as well as here, and great Men concerned, no Judgment can be made by the Gains that Trade affords to the Companies, whether the Trade be good or bad. As for Spices, Druggs and Saltpetre, the way to have more of them, is to confine the Trade to such Commodities; these others not being made, by the
Indians
, till the Factors bespeak them. Till some such Limitation be made, these affording most Profit will be preferred, and we were not debar'd the having those when we did not ingage in this Trade of Manufactured Goods, and little Reason to fear we shall be now.
This Head is concluded with an Accompt of Pepper, which with the other Accompts in this Tract, do not agree with other Mens Opinions, about the Gains made by this Trade; for if the General Adventurers in the
East-India
Stock in
Holland
, computing from the Original of that Stock to this Day, have not made 5
per Cent.
by their Money put in, as all Persons do agree that have any Knowledge thereof, if this vast Gains be made by this Trade, who runs away with it? The like Question may be properly put, as to this Trade here; If 100
l.
imployed in this Trade have produced usually 400
l.
, as so often asserted in this Treatise, it must be thought strange, that the Adventurers that underwrit this Stock
Anno
1657, if had continued their Shares to this Day would not have received much above 10
per Cent.
per Annum
, notwithstanding the great Advantages made for several Years, by confining their Stock (for making large Dividends) to 375000
l.
and Trading with other Peoples Money, taken up at 4
per Cent.
Unless this Mystery by explained, both as to
Holland
and here, there will remain a Doubt, That if there be any such Gains, that it is swallow'd up by some particular Persons, under pretence of a Publick Good, to carry on a Private Interest; and that both Nations will in time find, that they have but dreamt of making such Vast Gains by this Trade, in these Goods; and that the Gains made in both Countries by Stock Jobbing, and other indirect or private wayes, by such as have got into the Management, is the true Reason why there hath been so much strugling about this Trade more than about others, that upon a true Calculation would be found more Beneficial.
The Author of this Tract having owned
Page
12. as to the Trade to the
East-Indies
in General that it is naught, and that if all
Europe
would agree to have no further Dealings to those Parts, would certainly save a great Expence of Treasure, because
Europe
drawes nothing from thence of solid use, only perishable Commodities, and Materials to supply Luxury, in return of Gold and Silver, which is there buried and never returns; but would have the Burthen to fall upon the Collective Body of
Europe
. It is concluded, that nothing could be more fatal than this Assertion, to all the Arguments in this Discourse, to render this Nation, in a manner, undone, if the Importation of
Indian
and
Persian
Silk be Prohibited; upon which (it is said) the preservation of above half of that Trade depends, and half our Foreign Business.
Page
22.
It is well known that
England
and
Holland
drive the greatest Trades of all
European
Nations, and that doth depend much upon the Consumption of their own Manufactures: If these
Indian
Silks be Consumed, as is owned
Page
the 31
st
in the room of our Stuffs, Anthorines,
&c.
and the Linnens, as well as the Silks (as complained of in
Holland
) in the room of the Silks and Linnens Manufactured there, and we spend half at home of what is brought from thence, and all purchased with our Gold and Silver; why may not
England
and
Holland
be taken in amongst the Collective Body of
Europe
, upon whom this Loss doth Fall, and be found to bear the greatest Share by the Loss that these Manufactured Goods occasions, whatever Gains do or might make by the other Branches of that Trade? For other Nations that Consume such Goods, because have none of their own Fabrick, cannot be at any Loss in so doing; do but Lay out their Mony in these Goods, instead of Laying it out in the Woollens made by us, or Linnens made by the
Dutch
: All Nations not being so extravagant, as to spend so much the more because these Goods are brought them. Therefore as may truly conclude with the Author, that this Trade is Naught for
Europe
in general, so very particularly for this Nation, which indeed suffers most by it, because we altered the Management of it since the Year 1670. Of which some hints are given before, and might be made apparent; but omitted for this time, least it should be thought strange that the Author should not be in the Right, neither when Argues against this Trade, nor for it.
But to conclude with some Observations upon what mentions of Cardinal
Richlieu
, Page the 6
th
. that had left behind him an Evidence how much had made Matters of Trade his care and Study; and that thereby had laid the only Foundation of a Solid and lasting greatness: If he had also taken Notice of the Edicts, Tariffs and Orders made since, and of the Politicks practised in
France
referring to Trade, particularly of the Edict made the 26
th
. of
October
, 1686. for Burning and Destroying
China
Silks, Stuffs,
&c.
and other Goods from
India
, would have found that they have proceeded quite contrary, to what proposed in this Treatise, and that have found their end by it; For by incouraging the Consumption of their own Manufactures both at Home and abroad, and their Fishing Trades have increased their Riches, Seamen and Navigation, to such a degree in 40 Years time, as hath enabled them to maintain a long War with most of the Princes of
Europe
, without much help from the
East-India
Trade; and that therefore we may conclude a Nation may Thrive by Trade, without that to the
East
; and that they have been as much in the Right in the managing of their Trade, as we have been in the Wrong in the Management of ours.
By what hath been said, it may appear that the Manufactured Goods from
India
, Spent and Consumed in
England
, cannot by any way be Instrumental to prevent the going out of our Coin, nor to the bringing in of Gold and Silver to make amends for what Exported to Carry on that Trade: And that unless it can be made out by very good Proof or Demonstration that by the return of
India
Goods we Transport to Foreign Countries, we bring Home in Gold and Silver more then we Export, for the Carrying on of that Trade, that we ought to conclude that our Treasure hath been Exhausted by that Trade; and that it hath been mischievous to us in the highest degree, by hindring our Woollen Manufactures as well as the improvement of those for Silk and Linnen: All which is submitted to better Judgments.
Amongst the scattered Notions laid down in that Treatise referring to Trade, the Author Observes,
Page
11.
That in our great Assemblies it hath never been sufficiently thought a matter of State, but manag'd rather as a conveniency, or accidental Ornament, then the chief strength and support of the Kingdom.
That as it hath never been greatly the care of our Ministers of State; so it hath not been enough the Study of Nobility and Gentry, who (give me leave to say) for want of a right Knowledge in the general Notions of it, have been frequently imposed upon by particular Merchants, and other interested Persons to Enact
Laws
, so much to the prejudice of Trade in General.
And
Page
the
25th.
That Trade is in its Nature free, finds its own Channel, and best directs its own Course; and all Laws to give it Rules and directions, and to Limit and Circumscribe it, may serve the particular ends of private Men, but are seldom advantageous to the Publick.
That Governments in Relation to it, are to take a Providential care of the whole; but generally to let Second Causes work their own way; and Considering all the Links and Chains by which they hang together, peradventure it may be affirmed that in the main all Trafficks whatsoever, are Beneficial to a Country.
That few Laws in a State are an indication of Wisdom in a People; but it may be truly said that few Laws Relating to Trade are the Mark of a Nation that Thrives by Traffick.
What is said,
Page
the 11
th
. cannot easily be reconciled with what is said,
Page
the 25
th
. For if Trade must be Free without being Limited or restrained by any Laws, what need is there, that our Nobility and Gentry, who make our great Assembly, should apply themselves to Study a right Knowledge of it? For according to this Opinion, no Laws Relating to Trade should be Enacted, because are seldom Advantageous to the Publick; And that all Trade whatsoever is Beneficial; and yet the Author is of Opinion,
Page
the 11
th
. that no Wisdom can give the Publick effectual help till we can mend the Condition and Posture of Trade.
But taking it for Granted that what is said,
Page
the 11
th
. is but a Complement to our Nobility and Gentry, and to save their time, that may not spend it about what is unnecessary: and that what is said,
Page
25. That Trade ought to be Free, is the Authors Opinion, because best agrees with the whole design of the Book: It being so Ma terial a Point, that all Laws already made and all Proposals for any Future Regulations depend upon the decision thereof; should not be resolved without a due Examination of such Arguments and Considerations as may be proper to lay Open the State of the Case: To which it is hoped, being the ingenious Author tells us, hath applyed his Thoughts and Study to matters of Trade, he will afford his assistance.
If Trade must be left to take its own Course, find out its own Channel, and not be under any Restrictions or Limitations by Laws, on a Supposition that all Trades Naturally afford Profit and Advantage to a Nation; then the Act of Navigation and all other Laws Relating to Trade should be repealed, and all Considerations for making any more for Future laid aside.
Though the Author seems to incline to this Opinion, and it be known that many others agree with him in it, yet upon Examination it may appear a vulgar and dangerous Error.
For the first Foundation that should be laid for the preserving or increasing of Trade, is to have a Stock, which Stock should be in Mony; then to use all endeavours to preserve and increase it by Frugality in the Consumption of Foreign Commodities and Labour and industry, for the increasing and promoting the Consumption of our own.
So long as the Nation keeps to Frugality and industry Laws may not be absolutely Necessary to Limit the Consumption of any Foreign Commodities, nor to increase or promote our own Manufactures: But if there be an appearance, that a Nation is running into a luxurious Prodigal Expence of Foreign Commodities, and to a neglect in Manufacturing and promoting their own, and to idleness, and spending of time in what is not profitable for the Nation, the usual Consequences of Luxury, (which we fear is our Case at present) then Laws will be necessary to put a stop to it, that the Treasure of the Nation may not be Consumed thereby: For by the Course of Trade no stop can happen to any such Consumptions nor Idleness, till want of Money occasion it. To omit making such Laws upon any such occasion, would be to permit, that which is of the greatest importance to run the last extremity, rather then agree that it should be prevented by prudential Laws made by the State, or any endeavours used for that purpose.
As it hath been Suggested that Gold and Silver is the only, or at least most useful and best deserving to be called the Treasure of a Nation, and so necessary for the Carrying on of Commerce, that when ever plenty of that fails, we may expect that Trade will in a great measure fail also; so it may be affirmed that Bartering of Commodities cannot supply the want thereof, because cannot make any quick Progress; neither can it be supplied by Credit, because Credit must have its Original and existence from an expectation or assurance of Money.
All Traders have Reason to make it their business to get Money by their Trades, by sending out and bringing Home such Commodities as are most vendible, and yield them most Profit: But whether send out Goods or Bullion, or whether what bring back be necessary for the supply of our Necessities, or useful for a further Manufacture, or be spent in Prodigality, Luxury, or Debauchery, or to the hindrance of our Manufacture (so long as they get by it) they do not generally take it to be their Province to mind: But for the good of the whole, it may be presumed the State ought to mind it so far, as may be convenient to prevent the Exportation of our Treasure; if not, the Stock of Gold and Silver, which is absolutely necessary to Carry on Trade, as well as for our Defence, will be Consumed; by which the Traders themselves as well as the generality will in time be involved in Misery.
Though Riches cannot be gotten, but from Foreigners, by having our Ships imployed by them, or dealings with them, or by our Exporting and selling to them, to a greater value, than we purchase and take from them, that the overplus may be brought home in Bullion; yet no Trades carried on by the Exportation of own Products, and Manufactures, or those from our Plantations, though what brought back in return, be all perishable Commodities, can diminish our Riches, for all such Goods of ours (unless some Objection be made as to Tin and Lead) would have perisht by time, if had been kept here; but a great distinction ought to be made, between Trades carried on by the Exportation of our Products, and Trades carried on by the Exportation of our Bullion, to purchase perishable Commodities, because in such case we Exchange what is durable, and most useful, for what cannot long do us any Service.
Supposing Three Millions of Coyn be at present the Stock of the Nation Circulating for the carrying on of Trade, as long as it is laid out in our own Products, and Manufactures, and such are Exported, though whatever be brought in return of them pe rish in a short time, yet our Stock will be good, and so long Trade will be carried on: But if instead of carrying on Trade by the Exportation of our Goods, we should send out, a Million in Coyn or Bullion to the
India
, to purchase Silks, another Million to
France
to purchase Wines and Brandies, and another Million to purchase Fruit or Toyes, and all be spent at home, we may soon find the Treasure of the Nation consumed, our stock of Gold and Silver which we had for the carrying on of Trade, in the hands of Foreigners, and the Goods we had in return, in the Draynes, or on the Dunghil.
If this be obvious represented thus in gross, then lesser parcels of Money sent out to purchase such Goods (by the Rule of Proportion) must have the same Effect in some Degree; by all which it may appear that what is asserted, Page the 25,
That all Traffick is beneficial to a Country
, cannot be true, as to some Trades; that some Traders for their private Gains may be tempted to carry on, who may get by Trade, and yet the Nation may lose at the same time by such Trades.
And therefore if no Laws must be made to promote the Making or Consumption of our own Goods, nor to hinder the Importation or Consumption of any from abroad, it must inevitably follow, that when ever a Nation falls into Luxury, and the People to Idleness, or to spend their Time in Imployments unprofitable to a Nation, such a Nation must be reduced to beggery by Trade, without any hopes or prospect that it can be prevented, till their Treasure be Exhausted, and no Money left to carry on such Trades, unless the Government interfere to hinder the Consumption of such Commodities, as upon an exact inquiry may be found, do carry out our Coyn, either by Prohibitions, or rather by Example, or high Impositions laid upon the Vending and Consuming of them at home; which happily may be found most inoffensive, as to Foreign States, and not difficult to be contrived, and made effectual, and not prove any great hindrance to Trade, or to many Trading Men, if will have respect to their Posterities, and Common Good, as well as to their present Gain. For as the Consumption of some Commodities may be hinder'd thereby so will make room for their Trading in others; and prove but a taking them off from Vending Goods unprofitable to the Nation, to Trade in Goods that may be more convenient.
It is agreed that the best way to incourage Trade, and make it advantageous to a Nation and useful to afford a livelihood to the vast Number of People that have their Sole dependance thereon, is in general to allow all the liberty imaginable; but as most general Rules may be liable to some exceptions, so this especially to these two: First, that no Trade ought to be incouraged that is carried on by the Exportation of our Bullion, unless to purchase what we absolutely want for our Defence, or Support of Life, and we cannot possibly have on better Tearms, or where we may have an undoubted indisputable assurance that the Goods purchased with it will bring in more Bullion, in Bullion, by the Sales of such Goods abroad, than was carried out. Secondly, that no Wooll be carried out raw and unwrought. Other Laws may be found necessary to prevent abuses in the Manufacturing of Goods, keeping the People to Work, and for the incouraging and increasing of Trade, which should be applied as Occasions and Exigencies may require, but none appear necessary (upon these sudden thoughts) contrary to the Freedom insisted on, but what may be Comprehended under these two Exceptions here mentioned.
Where it appears plain that a Trade is carried on by the Exportation of our Coin and Exhausting of our Treasure, no Arguments can be given that it must not be prevented, because may hinder the Gains or Imployments of some Persons, that can have much more weight in that particular, than what might have been offer'd against the wicked Trade of Clipping, for though the Livelihoods many got by that Trade, were justly more obnoxious to the Law, because was a secret Robbery, and upon many accounts indanger'd the Peace and Tranquility and welfare of the Nation; yet being what was so wickedly got, doth not appear to be sent out (unless to be exchanged from Silver to Gold,) the Nation did not lose so much Treasure by it, as hath and will, by Trades carried on by the Exportation of our Coyn, as long as permitted.
Whether Trade left at full Liberty to be carried on, by the Exportation of our Products and Manufactures may produce Treasure, will much depend upon good Sales to our Commodities abroad, and good Husbandry in the Consumption of Foreign Commodities at home, but the having of many sorts of Manufactures of our own is not onely the best way to have Variety to send abroad, but to prevent our being in want of such Commodities, that there may be no Temptation for their being Imported; but no Trade more likely to bring us in a good proportion of Bullion, then our Fishing Trades; not only because it is procured by our Labour, without any great Cost by Foreign Materials, but being a Commodity necessary abroad for the support of Life, seldom fails of Markets, and ready Money, which is often brought home in
Specie
from many places, and is also a Commodity not likely ever to go out of Request; for which, and because those Trades are also a Nursery for Seamen, it may be found our true Interest to favour those Trades with the best Protection, and Incouragement. And thus the Authors Maxime, Page the 38,
That it is the Prudence of a State to see that Industry and Stock be not diverted from things profitable to the whole, and where a Nation is a certain known gainer, to be turn'd upon Objects unprofitable, or new Inventions, in which it cannot be determined in many years whether we get or lose, or how the Ballance stands
; may be put in practice with all the certainty imaginable, as well as by the Fishing Trades as by the Woollen Silk and Linnen Manufacture, and happily upon Examination will be found more Politick, then as the Author would have it applied, in favour of the
East-India
Trade.
But it being supposed that the
Dutch
will be here again brought upon the Stage, and the Liberty they give in matters of Trade, and for the Exportation of Money, objected against what is here argued; to make one answer for all, which is supposed may be satisfactory, not only against all Arguments that can be derived from the Practices of the
Dutch
, for an unlimited Freedom in Trade, but as to what hath been argued or may relate to the
East-India
Trade also; Let it be agreed that we shall live in
England
as Parsimonious as they do in
Holland
, and be as Industrious in our Fishing, and some other Trades (that might be named) as they are, and that we shall not send out more Bullion to the
India
for the carrying on of that Trade, then they do, or that we shall have great Impositions upon such Foreign Commodities as may be found to be the occasion of the Exhausting of our Treasure or pernicious to our own Manufactures, to secure us from such inconveniences as are feared from such Liberty; then all disputes shall cease, as to all Prohibitions relating to Trade: But if we must not be lead, nor take Example from them in Parsimony, and Industry, we ought not to be lead by them in making of Laws relating to the Exportation of our Coin, or Prohibitions of Goods; because whether such Laws be good and necessary, or not, depends wholly upon the Genius and Inclination of the People. If Parsimonious and Industrious, then no need of such Laws; but if Luxurious and Idle, must be Ruin'd without them; and this is well known to those States where such Liberty is granted which makes them very observant of their old Customs and Fashions, and very diligent and careful to keep their People to Work, as may be instanced in
Holland
.
Though it may be as difficult to give a true account of the Turnings, Windings, Circulations, Steps, Degrees and Progress of Trade, and Drawing and Redrawing by Exchange, as to give a certain account of all the Veins, Arteries, Fibres, Circulation of the Bloud, Causes of Diseases and Motions in a Body Natural, yet there are some plain Cases relating to both, which may be agreed without penetrating into the pretended Misteries of either.
That we should send out to
India
about 600000
l.
per Annum
in Bullion, though it hath been never yet made out that those Goods bring us back again in Bullion, the value of 200000
l.
and much of it, to be there laid out, to purchase Manufactured Goods to be spent in the room of our own, or that we should send out Bullion to any place to buy Goods to be spent in Luxury, or in the room of such as we can make by our own people, or that we should Export our Wooll Raw, to be Manufactured abroad, when the Advantage by Manufacturing it at home would be near seven parts in Ten advantage, however may agree with some Mens Interest, cannot well be for the Interest of the Nation, nor the best way to gain or retain Riches; for no Gains made by particular Men, can make a recompence for the loss the Nation will receive by having their Stock of Money Consumed, and the Poor beaten out of their Imployment.
Sufficient Care being taken by Prohibiting or Discouraging the Consumption of such Goods as occasion the carrying out of our Coyn, or Bullion, and for encouraging the working of our Wooll at home, no Liberty should be thought too much to be given, for the carrying on of Trades by a permutation of Commodities, not only by a free Exportation and Importation, but without being Subject to the Payment of great Duties because will be found the best way to increase Trade, and make it beneficial, for though it may be difficult to give a particular account how, or what gains, may arise to a Nation, or particular Men, by every distinct Trade, yet so long as carried on by the Exportation of our Products, or what other Goods we may have, there can be no danger of losing, for the particular Traders will take care not to carry on Trades by which they do not get, and such Gains made by the Collective body of Traders, may properly be said to be the Gains of the Nation,
and Trade thus carried on may be left to take its own Course, and find its own Channel, and to work by Second Causes its own Way
.
But the Author having Asserted, Page 11,
That it will be found at last, when all things come to be rightly understood, that no Plenty at Home, Victory Abroad, Affection of the People, Conduct or Wisdom in other things, can give the Publick effectual help, till we mend the Condition or Posture of Trade
. It is hoped that as he hath obliged the Publick, with his Excellent Book of
Wayes and Means
, so if do not agree with such Notions as these, that he will communicate his Thoughts how the Condition and Posture of Trade can be mended, by pursuing any others, and how or which way a Nation can get by Trade; as long as by a Prodigal Consumption of Foreign Commodities and neglecting and discouraging of our own, we take in more than we send out, and then Export our Gold and Silver to pay the Ballance, which will be found to be our Case, whatever specious pretences may be made by those that make Profit by sending out our Gold and Silver to hide the true reason from the Nobility and Gentry, whose Application of Thoughts upon these Subjects, would no doubt be of great Use, not only to the Publick, but, to their particular Interests.
FINIS.
REMARKS UPON THE Bank of
England
, With Regard more Especially to our Trade and Government. Occasion'd by the present DISCOURSE Concerning The Intended Prolongation of the BANK. Humbly Address'd to the Honour able House of Commons.
By a Merchant of
London
, and a true Lover of our Constitution.
LONDON
, Printed for
A. Baldwin
, in
WarwickLane
, 1705.
TO THE READER.
WHen our Money'd Men first sollicited an Establishment of the
Bank
by
Act
of
Parliament
, the Argument made use of for this Design was not only a
present Loan
, but a great show of future Service; which we may suppose from the mighty Powers and Privileges the Parliament gave them, beyond those of any Corporation, or Society, I believe, that ever was Erected in
England
.
The great
Engines
we had then to move [our Trade and our War] under a great scarcity of Money to keep them a going, put the Parliament upon uniting, as far as it cou'd be done, our little dispers'd Streams in the Channel of the
Bank of England
: And it prov'd accordingly, the
Bank
was useful, if not to Trade, yet apparently to the Government in several
prompt Loans
.
But it seems the first Discourse of
Usefulness
is now improv'd into a strong Argument of
Necessity
, insomuch, that this
Bank
is valu'd by some as the main Support of our Government; and is indeed too great to be disoblig'd, especially in so small a Request as a
Prolongation
.
It is observable, that there are some Things which are Cordials to a Man's Body, but when they, by being us'd too freely, become
necessary
, they soon become
fatal
too: And I thought it worth my Enquiring (for private Satisfaction at least) whether this
suppos'd Necessity
of the present
Bank
might not portend something Ill to our Body Politick.
But it was some satisfaction to me to find the
Necessity
only suppos'd, not prov'd; especially when I found its being mortal to our Constitution, a Point that was capable of being but too well prov'd. I have said something to remove this
Necessity
here, and no doubt much more will be said, when
Ways
and
Means
are enter'd upon; but that a
Prolongation
will make the
Bank
become
necessary indeed
, I think I have prov'd beyond Dispute. And that is the Reason why I cou'd never give my Consent to a
Prolongation
, had I the Honour to hear the Debate.
Or if I found the Bargain must be struck, I should be for selling our C------n, as our Soldiers do their Lives, as dear as I cou'd: I shou'd strictly reject the profer of a
Million
, as too small a
Share
by much, wherewith to purchase the
Whole
. And I shou'd not much question to find the Bidder wise enough to comply; but I shou'd be very Humble afterwards, and know my Master.
For it must ever appear to me a dangerous
Solecism
in Politicks, that the Constitution shou'd depend upon any thing in this World besides it self; or, that the Thing which is the support of every private Man's Property, shou'd subsist by any private Support. And therefore, I hope the great Law of Self-preservation, will never incline our Government to lean with so great a Stress upon that
precarious Support
, which, when withdrawn,
It
must fall to the Ground.
These I judg'd to be Truths of too great Importance to be conceal'd by me, especially when I saw none else appearing to reveal them; and that's my
Apology
for Publication.
And if I have made good my Point, I shall not fear, but that this little Tract will find
Patrons
, and our excellent Constitution
Patriots
.
THE CONTENTS
.
INtroduction
.
Chap. I.
A brief Account of the Establishment Constitution, Privileges, and Restrictions of the present
Bank of England
, and of the Profits arising to the Members thereof.
Ch. II.
The Case stated, and an Enquiry made into the Consequences of prolonging the
Bank
. First with Regard to our Trade, and all other Merchants and Traders.
Ch. III.
The Consequences of prolonging the
Bank of England
, with Regard to our Government and Constitution.
Ch. IV.
The Pleas and Pretences on the side of the
Bank
examin'd.
The Conclusion.
THE Introduction.
The Influence of the Bank considerable
.
NOtwithstanding that the
Bank of England
is a Subject that has had no small Share in the late Politicks of the Town, yet there are several amongst us who seem to look no farther than the Counting Tables in
Grocer's Hall
, and so judge of the
Bank
as they do of a Banker's Shop, to be of no other Use or
Influence
but to receive and pay Money.
There are others, and among our deeper sighted Politicians, who plainly perceive an Influence, but want Light to trace it out; and consequently must in great measure talk in the Dark, when they engage in this Subject.
As to the first sort, they may have their Error corrected by almost every Discourse that happens between the People of differing Opinions, with regard to the
Bank
: One crys if this
Bank
is prolong'd, it will ingross our Trade, and ruin our Constitution: At the same time another is pleading so much Merit on the side of the
Bank
, that 16
per Cent.
or more Annually, has not been a sutable Reward for their Services to the Government; nor can any thing be, but a farther Establishment. Now this methinks, ought to convince a Stander-by (what both Parties are agreed in) that there's something
considerable
in the Matter.
Requires a due Representation
.
It is therefore for the Use of those who want Light into the Recesses of this Subject, that the Paper before them was written; and it will not, its hop'd, be accounted Presumption, to say that several of those Gentlemen, who are Strangers to the Nature of
Banks
, and to the Condition of the
Bank
of
England
, may be deservedly plac'd within the Walls of the House of Commons, altho' their Education and Studies have not led their Thoughts much this way.
The Authors Design in Representing it
.
Whereof it will be requisite to proceed in this Argument with Perspicuity and Plainness; and not only to state the Case intelligibly, but impartially too; to write without the Aim at any Talent, either at Satyr or Harangue, but to endeavour all along to lay open what I take to be an important Truth to us all at this time, and to support it by proper Evidence.
For this Reason, and least the Gentlemen of the
Bank
should think themselves too freely dealt with, I profess not to deal with their Persons, nor to lay any thing expresly to their Charge; no nor to deny them the Praise of having serv'd the Government well. In short, I can afford to allow them all the Vertue and good Principles imaginable, if I may but take leave to consider them, and their Successors especially, as Men liable to Temptations, while they partake, in common with us, of
Nature
as well as
Grace
.
And intending to observe this Caution, I must request the Reader, as he goes along with me, to observe it too, that it is not the
Persons
but the
Thing
that I am concerned with; and consequently what I write, being derived from the Influence of no Party of Men whatever, I may expect a favourable hearing from all equal Judges.
Seasonableness thereof
And I am of Opinion, an indifferent Person may presume to be heard, if he has considered the Case, and has any thing worth hearing, at this Juncture, when every one expects the Cause will be brought upon the Stage by the
Bank
it self, which will plead with you (and with no small Assurance of Success) for the prolongation of Time, almost six Years before the Old Term can expire; tho' it may last much longer, if a Principal of 1,200,000l. be not then pay'd them by the Government.
REMARKS UPON THE Bank of
England
, WITH Regard more Especially to our Trade and Government. CHAP. I. A brief account of the
Establishment
, the
Constitution, Privileges
, and
Restrictions
of the Present
Bank of
England,
and of the Profits arising to the Members thereof
.
THE
Bank
was Establish'd by a Loan to the Government of the foresaid 1,200,000
l.
paid in at several times by Subscriptions equal to that Summ.
The Establishment of the Bank by the first Act
An.
1693.
The Act for it's Establishment pass'd in the Year 1693,
Guil. & Mar. 5[deg]
which laid an Additional Duty upon
Tunnage, Excise
, &c. Which Duty, according to the Calculation then made, wou'd bring into the Exchequer 140,000
l.
per An.
of which 100,000 was secur'd to the
Bank
, as Interest for the said 1,200,000
l.
amounting to 8
per Cent.
and 4000
l.
per An.
more; which was suppos'd to be thrown in to pay Sallaries,
&c.
Upon this Fund of Principal and Interest: They were Incorporated under the Title of
the Governour and Company of the Bank of England
, with a Power to make by Laws, and do all other Acts as a Company, legally Constituted and Incorporated.
Pursuant to this Act of Parliament, they had a
Charter
inabling them to meet and choose a Governour, a Deputy Governour, and 24 Directors, 13 of which (the Governour or Deputy Governour being always one,) made a Court; in which was lodg'd the whole Power of Transacting all things relating to the Society, excepting only, when a General Court of all the Members was call'd; which was to be four times a Year, and oftner if demanded by any nine Members, who were possess'd of at least 500
l.
in Capital Stock.
The choice of these Officers, and the appointing their Sallaries was made by the Majority of all the Members, possess'd of at least 500
l.
Capital Stock; and was to be made anew every Year: The Governour, Deputy Governour and 16 of the 24 Directors, having a Capacity of being chosen again.
The Governour was to be qualified with the actual Possession of 4000
l.
Capital Stock, The Deputy with 3000
l.
and each Director with 2000
l.
Ingraftment upon the
B.
by a Second Act
An.
1696.
Thus they stood Constituted till the Year 1696, when the
Exchequer Tallies
had very much lost their Credit, partly by Reason the Funds upon which they were struck, prov'd deficient, and their Payment of Course was remote; but chiefly by the Frauds and Artifices of Stock-Jobbers
&c.
so that they passed at very great Discount, to the great Prejudice of the Publick Credit.
For Remedy of which, and to restore their Credit to the
Tallies
, the
Ingrafting
Act as it is call'd, then pass'd, by which all Persons possess'd of
Tallies
, might make a new Subscription to the
Capital Stock
of the
Bank
of
England
; and become Members thereof, by a new Incorporation; the
Bank
being oblig'd to receive the said Subscriptions 4 5
th's
in
Tallies
, at
par.
and the remaining 5
th
Part in
Bank
Notes.
By this means the Capital Stock of the Bank was inlarg'd; and the Government oblig'd to pay them 8
per Cent.
for all their Subscribed
Tallies
, making it up where they did not carry so much Interest before, and also to allow them 8
per Cent.
for as many more
Tallies
(which they were then possess'd of) as amounted to the Summ, which was Subscrib'd by the new Members in
Bank
Notes; so that the whole of this new Inlargement might be esteem'd at 8
per Cent.
from the Government; until the Funds should come in, which wou'd pay off those
Tallies
in Course; and the
Bank
was accordingly to make a dividend of Principal to the Members, as those
Tallies
were paid off from Time to Time.
And thus they stand Constituted now: The
Tallies
being (as I'm told) pay'd off by the Government within 10
per Cent.
of what was Subscrib'd; so that their Capital Stock in the Hands of the Government, is now but little more than the 1,200,000
l.
first Subscribed; tho' the Number of their Members, is encreased by the second Subscription.
Privileges to the
B.
by the first Act
.
Besides the 8
per Cent.
Interest there were several Advantages and Privileges given to this Society, some by the first, and others added by the second Establishment. Their Privileges by the first were,
First
, A Power to extend their Credit, and borrow Money of such as wou'd Voluntarily lend them; the 1,200,000
l.
in the Hands of the Government, so far as it wou'd pay, being the security to the lender.
Secondly
, For the better and more convenient circulation of their Credit, their Notes, under their Common Seal, were made Legally transferrable by Indorsement to all Voluntary Acceptors.
Thirdly
, They were impower'd to Purchase Lands, (Crown Lands excepted) and to receive Goods,
&c.
upon lending their Credit or Money, and to buy Bullion, Gold, or Silver; and also to sell such Lands, and the Produce thereof, and all such forfeited Goods and Bullion, Gold, and Silver.
Fourthly
, They had also the Privilege to deal in Bills of Exchange; either to give or receive them for Money, or other Bills,
&c.
Fifthly
, That their
Capital Stock
should not be chargeable with any Rate, Tax, or Duty whatever.
Sixthly
, And for their Encouragement to act as a Body, it was not Lawful for the Government to pay them their 1,200,000
l.
Principal, but upon a Years Notice; and that not to be given until after the first of
Aug.
1705. by which they had an Establishment of 13 Years.
Seventhly
, And it may be reckon'd amongst their Privileges, that any Member of Parliament might be also a Member of their Society.
These are the Chief Privileges they had at their first Establishment, which are all recogniz'd at their second, and several new Ones granted them.
Privileges by the second
.
First
, A Power to borrow more Moneys upon the Fund and Security of this Ingraftment.
Secondly
, It was made Felony in any Person to counterfeit their Notes.
Thirdly
, No Man could be a
Bankrupt
by Reason of his Stock, nor that Stock liable to any
Foreign Attachment
by the Custom of
London
.
Fourthly
, The Time of their being paid off and dissolved was enlarg'd, and not to be under a Years Warning after
August
the first 1710. so that their whole Time
will
have been Eighteen Years.
Fifthly
, It is Enacted, That during the continuance of this
Bank
, there shall be no other
Bank
Establish'd by Authority of Parliament.
Restrictions by both Acts
.
Having seen their Privileges, we must be so just as to look upon their Restrictions too; which we may do without distinguishing their first and second Establishment, they being much the same in both.
First
, No one Person or Society cou'd subscribe above 10000
l.
before the first of
July
then following, nor above 20000
l.
afterward.
Secondly
, They are not to borrow under their Seal above the 1,200,000
l.
lent upon their first Establishment; nor above the Summs subscrib'd upon their second; but if they do, and any Deficiency arises from thence, each private Member is made liable in his Proportion.
Thirdly
, They are prohibited Trading (any otherwise than above permitted) as a Corporation, or impowring any one to Trade for them as such, under the Penalty of treble the Value they Trade for, with a Reward of a fifth Part to the Informer.
Fourthly
, If they shall refuse Payment of any of their just Debts, the Exchequer may, and must pay them out of the 100,000
l.
as it shall become due to the
Bank
.
That this is an impartial Account of their Constitution, Privileges, and Restrictions, will be confirm'd by any one that thinks fit to peruse the 2 Acts of Parliament before-mention'd.
And it is hop'd the Reader will carry this Account along with him; because the following Arguments shall be form'd upon it, and in reference to the Particulars of it; which is, I think, a fair and clear Method of stating the Case.
By what means the
Bank's
Profit may arise
.
But perhaps, in the mean time, it may not be improper to answer a Question that may be made, concerning the Inducements which at first mov'd our Money'd Men to procure the Establishment of the
Bank
; and still engages the present Members so very earnestly, and so very early to sollicit the Prolongation of it.
Interest at
8 per Cent.
To which I answer, First, the 8
per Cent.
alone, (when the Legal Interest was but 6, and the clear Produce of Land seldom 4) was of it self a sufficient Encouragement to this Undertaking; especially considering that this was Exempt from Taxes, to which other Money, and Stock, and Land were liable. This is obvious, but I answer,
Secondly
,
An unlimited Credit
.
The Power to extend their Credit, and upon so good a Foundation as the security of an Act of Parliament, is perhaps a more considerable Article of their Profit than even so great an Interest.
They had a sufficient Prospect (and Time has made it good) of raising their Credit to a
Par
with Money; and wherever such Credit obtains, it affords all the real Advantages of so much Money.
And a Credit thus Establish'd, and rais'd to a
Par
with Money, is capable of being increas'd to an immense Value; considering the great Occasions for it, and Conveniencies of it in Trade, which, its known, cannot be carry'd on to a due Extend in
England
, without a far greater Summ in Credit, than there is in
Specie
in the whole Nation: And therefore a Credit vastly extended, must bring in vast Profits to them that are thus Credited.
Discounting Bills of Exchange
.
To explain this in an Instance or two; The
Bank
has a Privilege to negociate and discount Bills of Exchange; in doing whereof, the Persons who come to have their Bills discounted, which is commonly at the Rate of 4
per Cent.
or upwards) seldom require Money; but rather choose their Notes, as being at
Par
with Money, and more easy and convenient in Payments than Money.
Now if these Notes circulate abroad, but so long as till the Money is paid into the
Bank
upon the Bills of Exchange, then the
Bank
gains all the discount, without disbursing any Money, and makes Advantage of that Money so much longer as their own Notes circulate.
Or if their Notes should return sooner, yet, considering that most People (for their own Convenience) deposit their Money in the
Bank
; that Money will answer these other Bills as fast as they come; and so one Summ will answer the Demands of another; from whence it follows, that the
Bank
is able to circulate, with a small Summ of Money, a much larger Summ in Credit, to their great Profit and Advantage.
Lending their Credit to the Government
.
In like manner the
Bank
proceeds in lending their Credit to the Government, at considerable Interest; which they can do without disbursing any Money, if the Notes they lend should keep out until the Funds upon which they lent them, bring in the Money to the
Bank
; as now it may well be suppos'd they commonly do, when the Credit of the
Bank
is so high, and the Parliamentary Funds are not so remote as formerly.
Purchasing of Lands
.
The same, or greater Advantages they will be able to make in the Purchase of Lands, when their Credit shall be so good, (as it may even now be suppos'd to be) that the Rent or Produce of those Lands shall be sufficient to support the Credit Circulating, wherewith they were purchas'd; that is, shall be sufficient to convert it into Money as fast as it shall be demanded, till the Land brings in more Money; and so on every Year, until the whole Produce shall be equal to the whole Summ of Purchase; and then, in this Case, those Lands cost nothing but Paper.
Or if their Credit should not extend to this Degree, yet the Inference is certain, with what small Summs, join'd with their great Credit, they can make large Purchases. The Influence and Effects of which, may hereafter fall under consideration.
These Hints and Instances are sufficient to give the Reader some Idea of the Profits of the
Bank
(without inlarging upon their receiving Goods deposited, and their purchasing Bullion, Gold, Silver,
&c.
) and consequently to account for the Cause that has rais'd the Zeal of its Members, in prosecuting the Design of a Prolongation.
CHAP. II.
The Case stated; and an Enquiry made into the
Consequences
of prolonging the
Bank of England.
First, with Regard to our Trade, and all other Merchants and Traders
.
Terms suggested for prolonging the
Bank.
THE Prolongation aim'd at by the
Bank
is said to be 21 Years; and the Conditions to be offer'd to the Parliament, are either to lend a Million of Money for that time, without Interest; or to lower their Present 8
per Cent.
to 5, or 4.; so that the remaining 3, or 4. may be a Fund, whereon to raise part of the supply that will be wanted this Session.
In order to obtain this their Desire, there is no doubt but they will plead their past Services, set forth their present, and propose mighty ones for the future.
Way to examine their Pretences
.
The best way to examine all their Pretences, will, I presume, be first, to consider the Natural and Necessary Consequences of such a Prolongation, and then to enter upon the particular Consideration of the Arguments urg'd on the side of the
Bank
.
The principal Consequences to be attended to in this Case, are such as concern Trade and the Government, and therefore (to shorten this Discourse) I shall only speak with regard to these two.
How the
Bank
may affect Trade
.
First
, As to the Trade of this Kingdom, the Parliament, in both Establishments of the
Bank
, thought it necessary to restrain it from Trading either immediately, or by Commission, (excepting in the Produce of their Land, the Sale of deposited Goods, and the Purchase of Gold,
&c.
and the negotiating Bills of Exchange) as plainly foreseeing, that were they permitted to Trade freely, they might monopolize what Commodities they pleas'd, and undo all other Traders by their great and commanding Stock.
But if the
Bank
can evade the Force and Restraint of these Acts, and of any others that are likely to be made, then it may be justly concluded Dangerous, if not Destructive to Trade, in the Sense and Judgment of the Legislature.
As to the present Constitution of the
Bank
, the Government of it is in the Hands of 26, or rather in the Majority of that Number, who are not liable to any Personal Penalty, nor the
Bank
, thro' their Default, to forfeit any of its Privileges, (so secure is this Establishment) and therefore there seems but very little Terror against, while there are strong Temptations to a direct Course of Trading.
How the
Bank
may Trade in one Instance
For the Fallacy may be as easy, as it will be gainful: For supposing those Gentlemen agreed and resolv'd to employ a round Summ of
Bank
-Money, or Credit in Trade, for the sake either of the
Bank
, or themselves, which is not an impossible Supposition, considering the great Prospect of Gain, and the smallness of the Number of Managers.
It is but giving a Commission, in general Terms, (from doing which neither the Parliament nor their Charter restrains them) to one or more of the Directors, to dispose of such Money or Credit, for the said Service, and then he, or they, can as openly Trade with it, as other Merchants can do with their private Stock, and may account to the
Bank
in Terms as general as those of the Commission, bringing in a competent Profit, and instead of being detected, gaining Applause beside other
Premium
.
How in another
.
But if it must not be suppos'd, that the Directors will prevaricate at this rate, for so small a Profit as will be due to their private Shares in the
Bank
; perhaps the Temptation may appear strong enough, when 'tis farther consider'd what Opportunities they have of lending each other what Summs, and upon what Terms they shall think fit.
And thus Trading in their private Capacities with the
Bank
-Stock, it amounts to the same, if not a greater Injury and Oppression to Trade, than if the
Bank
it self traded with the like Summ barefac'd.
But still, if even this shall be thought a Practice too Palpable, there is a more covert way of doing the business.
How in a Third
.
It is to be remember'd that the
Bank
has a Power of discounting Bills of Exchange; which they have done at 4
per Cent.
to creditable Merchants, especially those well known to them.
Now it cannot be suppos'd but that the Directors may Command this Favour at any time, and beyond others.
They therefore, or any of them, as being Merchants, easily foreseeing the great Advantages by Monopolizing several Commodities, and other seasonable applications of large Summs, will be able to provide themselves for such undertakings by the
Bank
-Stock, in this Method.
Supposing the Summ wanted is 20000
l.
He need only procure one or more Bills for it to be drawn upon himself, payable to a Friend of his; or upon a Friend of his payable to himself, 3 Months after Date, upon
the
Credit of which Bills, when accepted, his Interest will be so good at the
Bank
, that he or his Friend (which is the same Case) shall have the Value of these Bills paid either in
Bank
-Bills, or ready Money, at the discount of 4
per Cent.
per An.
which is but 1
per Cent.
for the 3 Months, which Summ Receiv'd may be so dispos'd of in Trade, or otherwise, that the Produce may come in, time enough to repay the
Bank
.
In this Case there is no Injury, but a Profit to the
Bank
; and yet he who can have great Summs at Command, at so small a rate as 4
per Cent.
and, which is more advantagious still, for just so many Days, or Weeks, only as he wants it, will undoubtedly be able to out-trade all others, who cannot procure such Summs, or must be subject to the common Terms of borrowing.
And he being thus qualified, will never want strong Temptations to attempt Monopolies, of one sort or other; which is an Injury that not only affects other Merchants, but by making the Commodity dearer, reaches all the consumers of it. And all this he will be able to do by no Ability of his own, but by his meer Relation to the
Bank
of
England
.
Consequence of the
Banks
Trading
.
Whether this has actually been the Practice, is not Material to our Argument; it being sufficient, that possibly, if not probably, it may be so; but thus much may be said, that such ways have been taken by private Merchants, either to support their Credit, or carry on Monopolies: And here at the
Bank
it may be done, to so much an higher Degree, as the Stock of Money and Credit in the
Bank
exceeds theirs; and consequently to a proportionably greater Discouragement of other Traders, and Damage to the Publick.
And now methinks it might be worthy our consideration, whether the Notorious failure of so many private Merchants, especially those of midling Stock, and the great Decay of all Personal and Private Credit in
London
, within these few Years last past (wherein the
Banks
Credit has been on the other Hand constantly gaining Ground) can be accounted for so well, by any other Cause, or Supposition, as by these now advanc'd.
Restraints ineffectual
.
From the Instances already given it's reasonable to infer, that there may be many other ways found out for the
Bank
to evade all Restrictions, that can be laid upon it by Publick Authority, to prevent either it's Trading, or it's Trading to the pernicious Degree of Monopolizing.
For experience shows, that scarce any Restraints can be effectually laid upon Trade, or upon any Traders, where the Temptation of Profit runs very high, and the Stock of Money, or Credit to pursue it, is very large.
Therefore I must confess I cannot foresee any Limitation or Restrictions, which the
Bank
may propose or may be willing to submit to, which will not be liable to very easy and Practicable Evasions.
Thus it appears how capable the
Bank
is of Trading, in those very Cases wherein the Parliament intended it should not; but we must not omit another Case,
.
wherein they have a Power and Privilege from the Parliament to Trade; and that no less Injuriously to a more considerable Body, I mean all the Landed Men of the Kingdom: Which they may do by Virtue of their forementioned Privilege to purchase Lands.
The
Bank's
Trading in Land
.
This it was prov'd in the former Chapter, they will be able to do in vast Quantities, and without Disbursement of much Money; by means of their great Credit, which will so prevail in time in the Country, as well as now it does in
London
, as to be in most Cases preferable to Money.
The produce of which Lands thus easily Purchas'd, will make a very profitable Trade of it; and in due time a very Tempting one, and within their reach too.
For the same means which impower them to Out-Trade all others in Merchandise, will equally inable them to out-do all Competitors in Buying of Land.
Great Taxes, a growing scarcity of Money, and a decaying Trade, as they will occasion, a more frequent Sale of Lands, so they tend very much to disable the present owners of Land, as to purchasing any more.
While the
Bank
(being exempt from Taxes, and ingrossing what Money we have, and acquiring a larger Credit, by the diminution of all private Credit) will be every Day growing more capable of purchasing, as others grow less; and in propability, will in some time become almost the only Purchaser.
And he that is the only purchaser of any Comodity, may reduce the Price of it as he pleases; which will in Course reduce the Price of all of the same kind.
Consequence thereof
.
How far this may affect all the landed Men of
England
, is what seems to call for their very serious and timely Consideration.
But if the
Bank
shou'd object to this, that they have not yet purchas'd one foot of Land, I answer, however true that may be, it must not be infer'd from thence, that they never will.
The
Bank
has hitherto had more profitable ways of disposing of their Money; so that the buying of Land seems to be one of the last things for them to do, as 'tis with other successful Traders.
This therefore being the Work of Time, the present Success of the
Bank
proves that nothing but Time is wanting to bring them to such an overgrown Stock, as will almost necessitate them to fall into this Trade; which we may believe it was not out of View at their first Establishment, by the express Provision they took care to have made for the doing of it against a proper Season.
Which perhaps is not yet come; a farther Establishment being, in all likelihood, necessary before they undertake that invidious Trade, which it seems so very likely to prove to all the Landed Men of this Kingdom.
Much more might be said upon these Heads, but that there is still behind an Argument against their Prolongation, of greater Moment to be consider'd.
CHAP. III.
The Consequences of prolonging the
Bank of England,
with Regard to our
Government
and
Constitution.
How the Constitution may be affected by Loans from the
Bank.
IN the first place it may be proper to consider, how the
Bank
, being prolong'd, may affect the Government, and our valuable Constitution, as being the great Lender to the Government upon all Occasions.
Which Title of the
great Lender
, we may be allow'd to give the
Bank
, since this very thing is the general Plea on the side of the
Bank
, and perhaps will make the greatest Show amongst the Arguments that will be urg'd upon you for their Prolongation.
And indeed, this may very well be collected from what has been already said, concerning the
Banks
Power of extending so good a Credit; and the many ways it has of compassing such vast Profits; And lastly, The great success it has already had in these Respects.
And it will follow from hence, that the
Bank
will be, in a short time, not only the
great
, but the
only
Lender to the Government. I mean none else will be able to supply the Government with such large Summs, as it has frequently wanted, before the Funds upon which these Summs were to be rais'd cou'd come in.
For here it must be granted, that as the
Bank
grows more able, all others will grow less able, to advance such large Summs. For as Money and Credit increases upon the former, it must proportionably decrease with the latter, considering the
Bank
of
England
does not in reality, increase the Stock of Money in
England
, as Merchants do by Trading.
So that in all likelihood the
Bank
will become either the only Lender, or so great a one, that without it, others cannot supply the Government with Loans sufficient; which is one and the same Case, as to the Consequences I am going to draw, Namely,
First
, That the
Bank
can set its own Rate of lending; for what is necessary to be had, late Instances tell us will be had at any Price: And we see but few Men scruple to make their own Ad vantages of the Necessities of the Government.
Secondly
, It follows, that the
Bank
will be able very much to distress the Government, by its being thus necessary.
And that Distress may fall upon the Government in point of time, if the
Bank
, to advance their
Premium
, or for any other By-End, shou'd be delatory in making those Loans.
Or it may fall out worse when the Loans are absolutely necessary for the preservation of our Government and Constitution, if then they shou'd absolutely refuse to Lend.
So that the Government will be, in these Respects, as it were in the Hands of the
Bank
, and may be undone either at long-run by being supply'd at too dear a Rate, or at once by not being supply'd at all. And I believe they that know the World, will own, that these are neither Impossibilities, nor Idle Fears.
How otherways the same End may be
compassed
.
But to proceed The
Banks
withholding their Money or Credit from the Government, is not the only Case wherein it may nearly affect us in our Constitution; for the Power of that Stock may be too easily employ'd another way, even to the Destruction of the Government.
I will not go so far in supposing, as to say, that this collected Treasure of the Kingdom will ever be made use of against the Government in a Rebellious Manner; or to affect, by Force, any part of our Constitution.
I will only presume to give some Hints, to show by what means the Business may be done by Law, and in a Parliamentary Method.
The Government of the
Bank
being, as was said, in 26 Persons, and, as it now happens, of about
2200
. Members there are not above 70. as 'tis said, Qualified to be chosen into that Government: There may some time or other (no doubt) be so large a Majority of those who are capable of being chosen, as to make it very likely there will be a good Majority of those chosen, who being disaffected, some out of Principle, others for different Reasons, may possibly think our Constitution stands in need of Alteration.
And then it will be Natural for them to enter upon Contrivances, and come to Resolutions how to bring about the desir'd Change.
I say it will be Natural, because they cannot but know the means are in their Hands; which are, what has been often suggested, a great Stock of Money, and an unbounded Credit, with a Power in themselves to apply it, as they shall think fit, which Power they undoubtedly have, however they may be thought, by some, liable to be censur'd, or dismiss'd by a General Court, upon detecting (which is no easy matter) such Male-Administration.
It is pleaded by an
Directors have Power sufficient for the foresaid Purpose
.
Vid.
Letter concerning the
Bank,
and the Credit of the Nation
. Lond. 1697.
Author, and a Member of the
Bank
, as a piece of Merit on their side (which no doubt it was) that
the Directors, upon a pressing Occasion of the Kings
, had
stretch'd their Credit to a Degree that cou'd not consist with any measure of Prudence; nor cou'd the Directors
(in his opinion)
answer it to their Members, had it been
, says he,
for any less occasion than the preservation of the
Kingdom.
I have no other use to make of this, but to infer that the Directors have in them a Power to dispose of the Money, and extend the Credit of the Society, as they shall think fit.
And that Credit which once was
stretch'd
to serve the Government in Distress; may as possibly at another time, if the Directors shall so resolve, be exerted to distress or subvert that Government.
The means being therefore manifestly in their Hands, the next thing to be consider'd is how to apply them.
A constant and large Majority of 513 is the way; how to compass that is the business.
It cannot be denied that there have been frequent attempts, upon those Places where that Majority lies; and 'tis well known how powerful the said means are, in the said Places.
But 'tis so Melancholy a prospect to think what the united force (supposing but the Wills united) of so formidable a Society may do; considering how near the thing has been done, by more disproportionate and unlikely means; that I shall wave the detail of Particulars, and be content rather to say too little upon this Article, than to give Light into the secret, but too easy Methods of so dangerous an Experiment.
I must confess this vile end cannot be compass'd but by suitable Practices; and therefore I am the more unwilling to make the Supposition.
The supposition not unreasonable.
But when I find it among the Privileges of the
Bank
, that any of the numerous Company of its Members (not otherwise unqualified) may be of the foresaid number 513; and when I'm satisfi'd how Natural it is for all Members of so profitable a Company to aim at Friends and Favorites in that House; when again I reflect on the Indisposition of the Times, and cannot but fear there will ever be Men who, upon many other accounts, will be ready to fall in with any Designs of alteration; when lastly, I foresee that the Triennial Act, with all its good Consequences, will have this untoward one, that it will make way for the Execution of such Designs by leasurely, and if I may speak so,
Triennial
Steps; even tho' it were impossible to finish the base Work all at one blow:
These things, and more that need not be mention'd, being seriously consider'd; I cannot think the supposition will appear hard to any Man that looks abroad; but rather that 'tis Natural, especially since the
remotest Fears
are allow'd, by wise Men, where the
Mischief is Fatal
.
Nor our Fears remov'd by the Integrity of the present Members
.
But, in bar to all these Fears, I am sensible the Gentlemen of the
Bank
will plead they have never made any such attempts as are here insinuated: But have all along kept themselves clean from
Extortion
and
Bribery
, the two great Plagues of a Nation.
And this I had rather grant than deny; but then I must say the Concession will by no means remove our Fears, which will naturally take in all the succeeding Managers, while we have nothing to depend upon but the Integrity of the present.
The true Party-Man
.
But I cannot forbear mentioning one thing which is not a little dangerous to our Constitution; and that is, what we call Voting for a Party; to which all such Societies as the
Bank
, especially when admitted within those Walls, have a Natural and almost irresistable Tendency, as having ever a separate and Party-Interest to carry on.
A Man that Votes steadily according to Principle, tho' he shou'd happen to be against the Constitution, is not, in my Opinion, to be Branded as a Party-Man; for he has made no general surrender of his Judgment: But he that Votes, and perhaps is sent to Vote, only for the Interest of a set of Men in Trade and Business, is the true Party-Man; that is, one who prostitutes all the Laws of Honour, Conscience and his Country, to sinister and selfish Ends.
If you know in Fact that you have any number of Men of this Stamp, you must have felt how much our whole Constitution suffers from such infected Members.
The Case of a bare Possibility
.
After all, I suppose there are some Gentlemen will plead that these Consequences, I have thus long insisted upon, are very remote, and unlikely to come to pass; and will call them by the name of
bare Possibilities
.
To take of all pretences, let us grant even this too: I know 'tis Ridiculous to be alarm'd with
bare Possibilities
in trivial Matters; but in things of the
greatest Moment
, the
least Fears
will affect wise Men. For our Fears will rise in proportion to the
greatness
, as well as to the
distance
of the Object we fear: And therefore to me the Argument still remains Conclusive, as to the danger of our Constitution, and our
All
; for ventering
All
must fright us, tho' it shou'd be but barely
possible
to loose that.
No future restrictions effectual
.
But even still there may be some that wou'd have us depend upon such Restrictions and Limitations, as the Parliament, they say, may find out for preventing these Evils.
But I must answer, that what was just now said makes it unsafe for us to treat, until it's demonstrably made out that such fatal Consequences are
absolutely impossible
.
On the contrary, I think he that considers the Nature of Restrictions, and their usual Success in Cases parallel to this; and that I have already prov'd how liable those now upon the
Bank
are to be throughly evaded, will not easily believe that it can be demonstrated
absolutely impossible
such Consequences shou'd follow.
But to enter a little farther into the matter; let it be observ'd, That all these Consequences are chargeable upon that
boundless Power
which the
Bank
has of extending a Credit so current as this is, which, in its Nature, will always be increasing, until it grows too great for all Opposition.
And it's very impracticable so much as to restrain it in this Particular; for it will be said, that it's inconsistent with the Nature and Design of the
Bank
, and a great hardship upon the Members, to limit or circumscribe their Credit; since in their private Capacities they stand accountable for all they owe beyond what they have in the Hands of the Government.
This looks like a very good Plea, and yet if the Parliament does but leave them with the foresaid
boundless Power
, they will remain, what they are now, the best Credit in the Nation; and then our Treasure will as naturally flow in upon them, as our Rivers run into the Sea.
Nor is this so much owing to the Power of their private Credit, as some pretend, for the Part can never be so powerful as the Whole. And let these Gentlemen exert their private Credit as far as they shall think fit, no Body, that I know of, will object against it: But until they are content with that Power, which it seems they are not, by so earnestly desiring a Prolongation, we must believe they want the
main Point
.
But to return: From what I have now said, it follows, at least, that we have no Room to expect a certain Remedy for these Evils, but that, in spight of all Restrictions, the foresaid Consequences will still have a very
apparent Possibility
.
The Case of universal concern
.
And here I shou'd have submitted the Argument, but that I cannot forbear the mention of one thing more, which is, that these Consequences, how favourable an Aspect soever they may seem to have upon any one Party, are, in reality, of Universal Concern, and therefore shou'd engage us all against them.
For, tho' I have said a Change may be made by this means, yet I cou'd not presume to determine what sort of Men wou'd be the Immediate Instruments; and consequently it remains uncertain, in favour of what Party even the first Change may be brought about.
But let that be as it will, it ought to be considered whether this does not lay the Foundation for perpetual Change and Revolution.
For the means of effecting this are plainly transferable from one sort of Men to another; and indeed, Men disaffected to the present Form of Government, be that what it will, will always endeavour to join themselves to such Societies, who have in their Hands the means of
Subversion
.
So that, after one Revolution, no Man can say whose turn it will be next to be uppermost.
And therefore it can never be the true Interest of any Englishman (
Churchman
, or
Dissenter
) to have the
Legislature
(or which is all one, the Command of it) misplac'd in the Hands of those, who will ever have a separate Interest from the main Body of the People of
England
.
CHAP. IV.
The
Pleas
and
Pretences
on the side of the
Bank
examin'd
.
ALthough the Arguments of the preceding Chapters seem to be of that importance, that, if they conclude at all, they conclude against all manner of Treaty about a Prolongation; because of the Power which carries in it but
Possibilities
of the last Consequence; yet we must, no doubt, have Patience to hear a great deal pleaded on this Head, and much Merit pretended, to answer the pretence of much Danger.
In discoursing upon which Merit (that we may be sure to consider it all) I shall not only have respect to their past Services, and their present Profers or Proposals; but I shall also take in those Services they may pretend to, for the future.
Their past Services consider'd
.
As to their past Services they have been chiefly the
Loan
of 1,200,000
l.
at their first Establishment, and admitting the
Ingraftment
of the
Tallies
afterward.
Now I have already shown, in part, what great Inducement they had to make that first Subscription to the
Bank
, not only from the 8
per Cent.
but also from the large Prospect of Profits, by a circulation of Credit.
It has been Calculated that the said Fund of Interest alone wou'd, in 19 Years repay them Principal; and Interest, with Interest upon Interest, at the moderate rate of 5
per Cent.
and all the 1,200,000
l.
still due to them from the Government.
And, at the same rate of 5
per Cent.
it has been farther Calculated, that, should they continue a
Bank
on this foot for 60 Years, the Government must pay them near 14 Millions over and above the first Principal, and Interest, with Interest upon Interest.
So that even the 8
per Cent.
has been complain'd of by some as too great a Reward.
But such Complaints as these may be silenc'd perhaps, by reflecting upon the Advantages which other Lenders also took of the Government at that time of Day.
Bank
repaid much farther than Mr.
Brisco's
Calculation
But the true and naked State of the Case is this; The Government, at
the
same time that it received their 1,200,000
l.
gave them a Power to issue Bills of Credit equal to that Summ, making it self security for all those who thus far trusted the
Bank
.
By which means, the Credit thus given to the
Bank
, became more useful and profitable to them, than, in all likelihood, their Money would have been in their Hands, had they not lent it to the Government.
For they not only now enjoy the great Profits of that 1,200,000
l.
Credit (as before made out) but, by vertue of that Privilege, they have a farther Power of issuing what farther Credit of theirs now passes amongst us; and all this passes currently upon the bottom of the publick Sanction and Security.
So that the Profit of this their circulating Credit, if it is not already, is likely enough shortly to be greater than the 8
per Cent.
and consequently than the Summs in the foremention'd Calculation.
As to the
Ingraftment
, it was thought by some of their Members an hardship upon them: But it is to be remark'd, that this has prov'd no hardship, nor cou'd well be expected so to prove, since all the
Tallies
, and the whole
Ingrafted
Summ, carry'd 8
per Cent.
Interest.
And they had a farther Privilege of proportionably extending their Credit, as in the first Case; so that the Terms being the same, I cannot see how this can be concluded a worse Bargain for them than the first.
By all this I intend no more than to give a satisfactory Answer to the Argument of Merit pleaded upon this Head; let them carry the Plea of supplying the Government, and raising the Publick Credit as high as they will.
In short, they have been so amply pay'd for all that they have done (tho' they may be allow'd to have done it with the utmost Zeal) that they must not insist upon much past Merit; let them set forth their present and future as they think fit.
Present Pretences examin'd
.
Let us then come to that point, and examine how their present Pretences stand, these it is said, will be either a Loan of a
Million
without Interest for the time of the desir'd Prolongation, or else they will lower the present Interest so much, that on the Fund of the Surplus, near a
Million
may be Rais'd.
I hope I may venture to say, that it does not appear from the Posture of our Affairs abroad, or the Conduct of our Ministry both there and at Home, that you will be under any Necessity in this, more than former Years, of recurring to any extraordinary Methods of Raising the needful Supply.
But whatever your Occasions, or their Profers may be, which I will not presume to determine, I may be allow'd to say, in the general, that nothing but
Ruin
can be set against
Ruin
; that is, nothing but the avoiding a more immediate Ruin (which I hope is far from being the present Case) can warrant those Methods that may pro duce Ruin, tho' at the greatest distance, while it is within the
Verge
of a
Possibility
.
Or if ever Affairs shou'd come to that desperate Condition, it wou'd, methinks, still require a deliberate and diligent Consideration, and set our Heads at work to find out, if possible, an Expedient, that is neither in its Nature, nor in its Consequences,
Ruinous
.
Whatever Terms the
Bank
shall propose to you for their Prolongation, will, I conceive, come before you under the Notion of an
Equivalent
, if not a
Service
; but I am satisfy'd, as the Case stands, no present Supply can be deem'd an
Equivalent
, much less a
Service
, upon those Terms; nor, consequently, cou'd I be for entring into any Treaty thereupon.
And the Reason of this will, I am sure, be more satisfactory in the Words of one of the ablest Statesmen the last Age produc'd.
Lord
Halifax
Anat. of an Equivalent.
In Matters of Contract, not only the
present
Value, but the
Contingencies
, and
Consequences
, as far as they can be fairly suppos'd, are to be consider'd.
For Example
, if there shou'd be a
Possibility
that one of the Parties may be ruin'd by
accepting
, and the other only
disappointed
by his
refusing
; the Consequences are so extreamly
unequal
, that it is not imaginable a Man should take that for an
Equivalent
, which hath such a
fatal Possibility
at the heels of it.
I will not make this Case of ours so invidious, as to say 'tis exactly Parallel to that; but, as that noble Author has made it turn upon a bare
Possibility
, I think I may say it justly concludes for what I am asserting.
Now if the present assistance of the
Bank
cannot Merit a Prolongation, because of Ill Consequences, then neither will any pretentions of future Service be found sufficient, as being Subject to the same.
The Case of the
Banks
being necessary
.
But if it be still insinuated by any that the
Bank
is so highly necessary, that the Government which is chiefly supplied by them, can scarce expect for the future to be supplied without them; I answer, those that think them thus necessary, wou'd doubtless have us believe they are already too great and Powerful to be disoblig'd.
And what follows if this be granted? Why certainly that a Prolongation will make them much more Great and Powerful, and Dangerous indeed to be disoblig'd: And, Consequently, then no one can deny the
Bank
a Power of
Subverting
that Constitution, which, without the Voluntary assistance of the
Bank
(for such are all Loans) is not able to
subsist
.
But to take of the Terror of this desperate Argument, I shall deny, and at the same time disprove, this suppos'd necessity of having the
Bank
prolong'd.
Proof that it is not yet necessary
.
This mighty Power of theirs depends upon one Branch of the Publick Credit; but surely there still remains, intire, a far greater Power in the whole Frame, or Body of our Government, than this part can pretend to.
And what the
Bank
has done with this single Branch, plainly proves, that the Government is capable of doing much more, at least of being duly supplied, without such Foreign aids.
Nor, if Methods cou'd be found out whereby the Government might freely exert its own Credit, for its own Service (and be thereby rescu'd from all precarious dependance, and the many hardships of a necessitous Borrower) wou'd such a Design, tho' immediately set on Foot, be any way inconsistent with the Governments Engagement to the
Bank
at their last Establishment, that there shou'd be no other
Bank
erected by Parliament during their Term.
For that the Government never cou'd intend to preclude it self from exerting its own Credit by that Limitation, is apparent from the very same Act, in which, after the settlement of the
Bank
, the Establishment and Circulation of the
Exchequer
Bills is expresly made and provided for; which is a manifest Instance, that the Government has reserv'd that Liberty and Privilege to it self; and excluded only all other private Persons.
And indeed it wou'd look very strange, that the Government shou'd, by a premeditated and solemn Act, debar it self of that Privilege, which it wou'd be destroying Liberty and Property to deny to the meanest Subject; that is, to make the best use of his Credit that he can.
If then there be still a
good Foundation
, and a
just Power
left in the Government for the compassing of so good and great a Work; it remains only, at present, to wish for Heads and Hands equal to it.
Conclusion
.
AND now, from the whole, I hope I may be allow'd by all unbyass'd Men to draw this Conclusion, which is, that the Point here controverted, whenever it comes into Debate within your Walls, will appear of Moment enough to bespeak your greatest Sagacity, and mature Consideration, as it nearly concerns the present Form of our happy Constitution, in which you bear so great a Part your selves, and of which you are intrusted with the preservation of the whole.
And if these Papers have given any Light into a Subject, which (notwithstanding the Importance of it to us all) has lain so much out of the way of some, and been so overlookt by others, that it has scarce been duly search'd into by any; then the Author, who has endeavour'd to state the Case with Clearness and Impartiality, will, he hopes, stand acquitted with you, from being either an
officious
, or a
partial
Writer.
And that will guard him from all the Censures of such who may be forward to say,
That
is writ for a
Party
, which is indeed written for the
whole
; and this doubtless to disguise their own appearing in a
Party-Cause
.
But 'tis to be hop'd all Men of Sense will infer, that he who is against
all Alterations
, must be for the
present Establishment
; and that whoever goes about to obviate the
Possibility
of introducing
another
Constitution, demonstrates his sincere Inclinations to
this
.
Which makes it almost superfluous to say, that the Design of this Discourse cannot fairly be drawn to favour, in the least, any other Pretensions, or made to plead for any other Cause, besides that of our most Excellent
Queen
, the
Succession
happily Establish'd in the Protestant Line, and the ancient and invaluable
Freedom
of the
Parliament of England
.
And, being perfectly conscious of this, I have little Fear of disgusting any, but those whom a private Interest and Gain has made implicit Votaries to the
Bank
, or those whom the Prospect of a favourable Turn to their Party, has engag'd so far, as to become Zealous Patrons of this
Bank
, and loud Advocates for it.
But I will not despair that this little Tract may find some Friends, even in
Grocer's-Hall
; those I mean whom it may incline to part with so much of their own Power, as they themselves wou'd be very unwilling to see fatally perverted.
But how such Thoughts will operate upon any of that Society, I must not offer to say; nor does, I hope, the Success of what I say depend there. But if, on the contrary, it shall provoke an Answer, I expect, and justly, that their own Cause be fairly clear'd of the Consequences charg'd upon it, before any other are imputed to this Discourse; and then I promise to debate that Point too.
But if, without any such Regard, there appears for Answer only unwarrantable Reflections, and unfair Insinuations, I will give this my final Answer to all Arguments of that Kind beforehand. I grant it, such Methods are well enough calculated to lead the credulous and unwary Multitude into Designs which they do not foresee, or to divert them from looking into those they shou'd: But these are
Amusements
too trifling to mislead your better Judgments; they will rather have the contrary Effect; for Wise Men when they hear much empty Noise in a Case of great Moment, always suspect that this Clamour is rais'd only to stifle such just Complaints, as those loud Gentlemen wou'd by no means have others hear.
I hope I have set no Example of this kind, and that no disrespectful Word, to the Person of any, had drop'd from my Pen; that wou'd have been not only unbecoming, but foreign to my Design, which was to make a just Representation of a Case I judg'd to be of Universal Concern, and to set the matter in that Light to others, by which I first receiv'd Conviction my self; but, in Conclusion to submit the whole (as it is the Duty of every Private Person to do) with all deference, to the
Wisdom of the Nation
.
FINIS.
ERRATA.
SOME OBSERVATIONS, SHEWING The DANGER of Losing the
Trade
of the Sugar Colonies.
Humbly Offer'd To the CONSIDERATION OF THE
PARLIAMENT
.
By a
PLANTER.
LONDON
: Printed in the Year, MDCCXIV.
SOME
OBSERVATIONS
, SHEWING
The DANGER of Losing the
TRADE
of the Sugar Colonies
, &c.
THERE has been a Paper already offered to the Publick, concerning the State of the Sugar Plantations, with Respect to the Ecclesiastick, Civil, and Military Government, wherein some Remarks are also to be met with
upon the Trade of those Colonies
: But what is
principally
intended
by this
, is to consider more particularly the Nature and present Circumstances of this most
valuable Trade
, and to lay before the Parliament the imminent
Dangers
we are threatned with, of
utterly losing
the same,
unless
proper Measures be
quickly
taken to settle it upon a better Foundation than it has been for many Years past.
In order to this, it must be observed, That the
Portugueze
in
Brazil
, the
Dutch
in
Surinam
, and
IsaCape
, and the
French in their Islands
, especially in that great Island of
Hispaniola
, in which they have got a great Footing, are possess'd of large Countries and great Tracts of fertile Land, which
produce
Provisions, and most other Necessaries and Conveniences for Life, and likewise Materials and Requisites for manufacturing Sugar and other the Product of their Land, such as Timber, Horses, Cattle,
&c.
And on the
other hand, the English
Sugar Plantations are upon
small Islands; Barbadoes
, which is but Twenty one Miles in Length, and about Twelve Miles over in the broadest Part, being the largest of them all, excepting
Jamaica
; and even that Island is not well inhabited; has a great Deal of
Savanna
Land, is very mountainous, and in War is very much exposed; so that if the Windward Islands should come to be deserted or lost,
Jamaica
could never be kept and improved so as to support the Sugar Trade to this Kingdom.
Further, these our small Islands being
obliged to the British Dominions
for almost every Thing, such as Servants and Slaves, and Provisions of all Sorts, and for all Materials and Necessaries for manufacturing their Sugar, and other the Product of their Ground, tho' they are thereby the more
profitable
to this Kingdom, yet by this Means
they make Sugar the dearer
; but that which adds to their Misfortune, is, that their Land is so poor, that they must be at a great Expence in manuring it, and must plant the same Ground every other Year: Whereas in the Colonies of the aforesaid Nations, there's Room enough to change their Ground, and if there were not, yet the Land is so fertile, that they plant but once in seven, and sometimes but in ten Years, and that without Dung; so that in Consequence of all those Advantages over us,
they must undersell us at Foreign Markets
, and in time furnish our Markets at Home
cheaper
than we can, and in the end
beat us entirely out of the Sugar Trade
.
This cannot be thought improbable, if it be consider'd, that in other Nations the same Causes have had the like Effects; for this was the Case many Years ago with a Part of the
Turkish
Dominions, where there were many Sugar-Works; for it seems, that they were at so great Expence and Charge in making Sugars, that they were furnished from us cheaper than they made them themselves; so that by Degrees
we had
all the Trade for Sugar to the
Levant
, for
then
it was that
our Plantations flourished
, the Land was fertile, and the
Planters had Plenty
of Timber, Provisions, and other Necessaries, and
were
also
regularly
supply'd with sufficient Numbers of Slaves at easie Rates: But since our Plantations
have fallen to Decay
, and the Land become barren, but
especially since the Scarcity and Dearness of Slaves
, we make Sugar
so dear
, that the
Portugueze
and others have in a great Measure beat us out of that beneficial Trade, because they can furnish those Markets cheaper than we; and for the same Reasons it will appear, that we
are
in Danger of being
stripped
of this, and of all our Foreign Sugar Trade, when it's considered, that the
French
and
Dutch
in their Colonies can make this Commodity as cheap as the
Portugueze
in
Brazil
.
These Things, it's hoped, clearly
demonstrate how near the Desolation of the Sugar Islands is at hand
, upon the Footing that the Trade stands at present, which must be attended with the
Loss
of a considerable Trade to these Dominions; it may be computed one way or other at near
two Millions Sterling
per Annum
, which must bring Ruin upon many thousand Families in the Plantations, and many more Thousands in these Kingdoms.
This doth not depend upon Speculation; the Facts are plain and most of them self-evident; and if any Doubt arises upon any of them,
there are undeniable Proofs ready to be offered to the Parliament
, in order to confute every thing that can be suggested to the contrary.
It is therefore humbly hoped, that in an Affair of so great Consequence, the Wisdom of the Legislature will at last, and while
yet
they have it in their Power, effectually interpose their Authority, and by their
seasonable Resolutions
prevent this impending Evil: And it is humbly offered by the Planters, who are most
immediately
concern'd, and may be presum'd to know the State of this Case, at least as well as any other Men, that nothing will preserve and support the Sugar Plantations, but the
securing
as much as possible
the whole Trade to Africa
, in the Hands of the Subjects of
Great Britain
: By which Method we may
yet
put our selves into a Capacity of cutting off all other Nations, or at least of making it difficult for them to get any great Number of Slaves from the Coast of
Africa
; the Consequence thereof must be, that then their Plantations
for Want of Labourers
would be so far from multiplying and encreasing, that those they are already possess'd of must fall to Decay: So that to me it seems evident, that we have no other Way left, but only this, to recover and preserve the Sugar Trade in our own Hands.
Nor will this be impracticable, if it be remember'd, that within less than thirty Years, when the
African
Company flourished, and had
Power upon that Coast
, they had much the greatest Part of the
Negroe
Trade;
they had then
, and for many Years before, such Interest among the
Negroe
Kings and great Men' and
such Power
over them, that the Natives in general could dispose of but very few
Negroes
to other Nations; nay, such was the Company's Power in those Times, that the
French
had not so much as one Factory upon the Gold Coast; it's true, they once attempted to make a Settlement, and for that end sent out a Squadron of six Men of War with Men, and Stores, and Ammunition, and all other Necessaries to erect a Fortification; but after they had landed, and built a Fort, the very Night before they were to mount their great Guns, the
Negroes
came down upon them, and beat them off, and demolished their Fort, and so they went on Board their own Ships again,
re infectâ
.
Such was
then
the Interest of the
English
with those
Barbarians
, that they would not suffer the
French
to settle among them; it's true, the
Dutch
had and have a great many Forts and Factories all along this Coast, but
their Slave Trade in those Days
was very
inconsiderable
in comparison of ours: Indeed, since the Trade has been laid open by the late Act of Parliament; the great Contentions that have arisen between the Separate Traders and the Company; the Abuses committed by the Company's Agents upon the Coast, by confederating with the Separate Traders to the Prejudice of the Company;
the Strugglings amongst the Separate Traders themselves
at the Market, which has also greatly contributed to the Raising of the Prices of
Negroes
very high; and the many Violences, and unfair and illegal Practices committed by some of the open Traders on the Coast, for which the
Company has often paid very dear
: Such a Conjunction, I say, of fatal Circumstances, which are and always must be the unavoidable Consequences of a
loose and precarious Trade
, could not but tend exceedingly to the lessening and undermining the
British
Power and Interest on that Coast; insomuch that, I may appeal to Experience, whether the
Dutch
or the Natives of
Africa
have not been greater Gainers by that Act,
than either
Great Britain
or the Plantations
; as to the
Dutch
it's evident, that since the passing that Act, they have gained a greater Power and Trade on that Coast than they had before; and that they have wonderfully encreased their Sugar Plantations in
Surinam
and
Isa Cape
; and as for the
Africans
, they are
become so wise by our Divisions
, that they have
raised the Price of
Negroes
to near
20l.
per Head
, whereas formerly the Company bought them from 50
s.
to 3
l.
at most, and the Planters in those Days were furnished from 14
l.
to 18
l. per Head
, the choice Negroes; this advanced the
Number
of Slaves in the Island of
Barbadoes to near
80000, which
produced
in
Barbadoes
near 30000
Hogsheads of Sugar yearly
, besides Cotton and other Commodities, which
advanced
the Revenue,
comsumed
a great Quantity of the
Manufactures of
England, and employ'd near 500 Sail of
English
Shipping: But since by these Contentions upon the Coast, the Price of
Negroes
has been
so high
, the Planters have paid from 30
l.
to 40
l.
and in some of the Islands 50
l. per Head
, and this has
lessened
the Number of
Negroes
, which now is under 60000 in
Barbadoes
, and the Product which is under 20000 Hogsheads of Sugar, and other the Product in Proportion; so that the Consumption of the Manufactures, the Revenue, and the Navigation have
decreased
also in Proportion, so that upon the whole it's very apparent from Experience, that nothing but an united Power upon the Coast of
Africa
can secure this Trade: Power,
and the Purse, Force, and Merchandize must be united
, and put into
one
and the same Hand.
For this purpose a
Considerable Stock
must be Staked, which
cannot
be done Effectually any other way than in a Body Exclusive of all others; this will be a certain Stake in the Hedge to support the Trade; for the Body politick
will always remain
: The Men, 'tis true may be changed, but the Body it's self
may be Obliged
to supply the Plantations with sufficient Numbers of
Negroes
at reasonable Prices, whereas
any other
sort of Company than that of a Joynt Stock,
cannot
Oblige themselves, nor can they give any Security that they will Trade, neither can they be secure of a sufficient Stock for carrying on the Trade, Merchants being at Liberty in all other sorts of Company's, whether they will come in or no; and if they do come in for one Year,
may leave it the next
. And it's presumed further that no other but a Joynt Stock Company will be tyed down to furnish the Plantations only with
Negroes, for it's very well known
, that
most of the
Negroes, Imported into the Plantations by the separate Traders; during the late Act of Parliament,
were Exported again
to the
Spaniards, French
and
Dutch
, but principally to the
Spaniards
. And certainly it can never be denyed, but that, if Merchants are left to their Liberty, they will Trade with those Nations who can better give 40
l.
per Head than the
British
Planter can give 20
l.
for Merchants
will have regard to their own private gain
; but it's not doubted but that the Parliament will consider that every
Negroe
sold to the
British
Planter, tho' under 20
l.
brings
much greater
advantage to this Kingdom, than one sold to other Nations at 40
l.
or even at Fourscore; because the Labour of a
Negroe
brings
Annually ten Pounds
during his Life; and as his Children grow up, their Labour amounts to as much more each. It's next to be considered, that, it will be
Impossible
to perform the Assiento Contract unless an Exclusive Company with a Joynt Stock be Established in Manner aforesaid; for if a Number of Men, open Traders, should enter into an Agreement for the performance of this Contract,
they must make Subscriptions
, and this will
become
a Stock, and
Interfere
with all other open Traders; and should such a thing happen, what advantage will the Out-ports of
Great Britain
have; when they try the Trade to
Africa
, they will find that the Numbers of Traders that live at
London
will so Govern the Market upon the Coast, that
other Traders will not be able
to come in Competition with them, or otherwise, what has been and is the Case already, will continue,
viz.
that by
Struggling
with one another upon the Coast of
Africa
, they will not only keep up the price of Slaves there, but raise it still higher, and so put the Trade in a
worse Condition
than it's now in; and make the
Africans
wiser and wiser by throwing the
profit
into their hands; so that at last they being at Liberty to Trade with whom they please, will find the Sweet of Trading
with other Nations
, who
can give
them
at least as much again
as the
British
Merchants can, by which means it must in the End come to pass, that, even those that would pretend to secure the
African
Trade most, will not be able to purchase any Slaves at all: But should any Sett of open Traders pretend to secure the
African
Trade to this Nation; then it's presumed, they must have Forts, Castles and Factories; If they build them,
they must Consider of whom they are to purchase the Land
, and
the great Expence
that must attend such an undertaking; but allowing that such a Sett of Men could get over that, then it's plain there will be
two Company's
, the Consequence whereof need not be mentioned. But it may be supposed that this present Company may be
Compelled
to part with their Forts and Factories, and all their property upon the Coast; but
can this be any more than changing Hands
, if any Sett of Men be put in Possession of those Forts,
&c.
and make Subscriptions sufficient to secure the Assiento Contract, and a sufficient Importation of
Negroes
to the Plantations at reasonable Prices. And
if this Security is not given
, then
what will become
of the Plantations and the Assiento Contract.
Were it not therefore more consistent with Reason and Justice to consider, that, many Years ago, the Coast of
Africa
was by Charter granted to the present
African
Company; that at the time that that Charter was granted,
the Trade was in a manner lost to this Nation
, which the Company soon after
recovered
and vastly Improved; that they have since laid out great Sums of Money upon Forts and Factories and in
carrying on
this Trade; that for many Years they furnished the Plantations
at easy Prices
, and gave long Credit; that by these means the Sugar Colonies were Settled and did arise to a great Heighth; that in the first and second Years of the first of the two last Wars, they lost near Thirty Ships of their own; that the
French
committed great Depredations upon some of their Factories; that they have sustained great Losses by the Hurricane and Earthquake in
Jamaica
; and by their Out-standing Debts in that and the other Plantations; and lastly that they have
suffered
many great
hardships
by the late Act of Parliament, which did indeed Ordain that all Separate Traders should pay 10
per Cent.
to the Company on all their Exports, for and towards the Maintenance of their Forts; whereas it appears from the Entries of the Separate Traders, that they never paid the Company above 1
per Cent.
Would it not I say, be Justice to give this Company an Opportunity of retrieving those Losses, and to Enable them to take Subscriptions, for a sufficient Stock to carry on the Trade, and to get the power of the Coast of
Africa
again into their own Hands: Which great point cannot otherways be gained but by Merchandize, and Power being in one and the same Hand, to make Alliances with the
Negroe
Kings, that they may sell their Slaves only to the Company. Is it not very plain that since this late Act of Parliament,
Negroes have risen
in their Price upon the Coast, and that the
Planters have paid much dearer
in the Plantations, and have been but ill Supplied? Tho' it may be allowed that the Wars were partly the Cause of the last Evil, yet it cannot be thought so of the first, which was Occasion'd by the many buyers on the Coast, and they must rather Increase in Peace, so that
that Evil will still grow upon us
.
But it is Objected that in a Company Exclusive, there being but one buyer, tho' that Company may buy Cheaper upon the Coast, yet they may Impose what Prices they please upon the Planters for their
Negroes; to which
I think it may be sufficient to
answer
, that
the Planters have already found it to be otherwise
by Experience, besides the Company are willing, it seems, to be Subject to any Regulation or Enquiry that the Parliament shall appoint, if the Planters Complain.
Another Objection is, that this Company will be the only Buyer of the Manufactures in this Kingdom, and so Impose what Prices they please. But
was this ever Complained of
, even before the late Act of Parliament? Yea, did not the present Com pany almost every Year before that Act passed, either
Increase their Exports
, or set a-foot some
new Manufacture
or other; and may not the same Jealousie arise from any Set of Men combining in that Trade. As for the
Out-Ports
they may flatter themselves, but they will soon find their Mistake, and that by aiming at a Trade, they may
be Instrumental in losing of it to all Her Majesty's Dominions
, and at last of ruining the Plantation Trade it self; which they now feel the Sweet of, and thereby be the Occasion not only of the Loss of the Consumption of 100,000
l.
of Merchandize Exported to the Coast of
Africa
, but also of
the Loss of Two Millions a Year to all the Queen's Dominions
, should the Plantations be deserted, which must happen in a few Years, if the Trade to
Africa
is not so settled that the
British
Planters may not only have
sufficient
Numbers of
Negroes
at easy Prices, but other Nations cut off as much as possible from that Trade.
It has been often said that the War occasioned the dear Prices of
Negroes
in the Plantations, no doubt the Navigation and every thing being dear, and the great Risque, must have raised the Price of
Negroes
in the Plantations: But are not the buying of them dear and the Mortality that frequently attends such Voyages too, much greater Causes of their high Prices, which a Company, being but one buyer, can only prevent; for when they Command the Price upon the Coast, they can have them Cheap, buy them up, and have them
ready
against the Arrival of their own Ships: So that they may be dispatched in a Month, or Six Weeks; whereas Separate Traders have been Obliged to stay sometimes Four or Five Months before they could purchase their Compliment of Slaves. Was it the War that was the Cause of the Planters being ill Supplied, when the Separate Traders affirm, in Seven Years, they imported into the Plantations 150,000
Negroes
: No, if all those
Negroes
had been settled in the Plantations, there could have been no Complaint for want of Supply; but it's plain, if any truth in this great Importation, they were carried to other Nations: And I may Appeal to the Separate Traders, whether during the late Act of Parliament, they have not been Losers by what
Negroes
they have sold to the
British
Planters, take these 15 Years last past round;
particular Men may have got
, but its plain
the Traders in General lost
; and particular Men may get again, and after they have done their Business, leave off the Trade; but it's hoped that upon better Consideration, they will become more publick Spirited, and preferr the preservation of the Plantations to their own private Gain, and become Subscribers to the Stock of the present Company; and Consent and Assist in supporting their Charter and Privileges, by becoming Proprietors in the same,
rather than
Endeavour
to destroy the property
of a Company, that in a manner settled the profitable Sugar Colonies, and have met with great Losses, which with the aforementioned Hardships and Injury's have brought them Low, 'till the late Act of Parliament in Favour of their Creditors, which has revived them; for however their Necessities, during their misfortunes, might have forced them to some Shifts, which is even the Case, many times, with private Men; yet they cannot be denyed the Credit of this, that they have, under all these Discouragements, tho' at a very great Charge, kept Possession by the power of their Forts, Castles and Factories upon the Coast; and
are now going on briskly with the Trade
, that
again
Offers its self to this Kingdom; a Trade that Offers many advan tages, not only the Consumption of Manufactures for the purchase of
Negroes
, for carrying on the profitable Plantation Trade, but the great Consumption that may be Introduced amongst the
Negroes
, of our Manufacture, even Equal to that in New
Spain
: Besides, by
penetrating
into that great Country, no doubt Gold and Silver Mines may be found out Equal to the
Spanish
or
Portugueze
Mines; but then this can
never be Effected by Separate Traders
, or otherways, than by the power of a Company Exclusive; for the State and Condition of the
Africans must not be compared
to that of the
Turks
or
Muscovites
, from whom we must
take
Laws, and such Trade as they will agree to; but in
Africa
we might
give
not only the Natives, but even all other Nations, Laws, which can be no other way done, but by such an Establishment as has been mentioned.
We have been
too many Years instructing
the
French, Dutch
and
Portugueze
, to take this Trade into their own Hands, and have gone a good Length in
teaching
the
Africans to keep us all under their Command
; therefore
it's high time
to put this Trade on a
certain Foot
, for otherwise,
Adieu
, not only to the
African
, but to the Plantation Trade.
FINIS.
A LETTER TO A Member of Parliament, CONCERNING The
Naval Store-Bill
Brought in last Session. WITH Observations on the Plantation-Trade, and Methods proposed for rendring it more beneficial to
Great Britain
than hitherto it has been, by promoting the Exports of our Manufactures, and inlarging our Navigation.
LONDON
, Printed in the Year M.DCC.XX.
A
LETTER
TO A
Member of Parliament
.
THE Miscarriage of the Naval StoreBill last Session of Parliament, leading several Gentlemen to enquire how a Bill so very advantageous to the Publick, could be lost; and your Desire of having the true Reasons which put the Merchants upon applying for it, have engag'd me to give you the Trouble of this Letter: in which you have, according to the best of my Knowledge, the true Cause for undertaking it, and also my Thoughts touching the regulating our Trade to the Plantations, in those Particulars you seem to be dissatisfy'd in.
It is well known that we formerly receiv'd our Supply of Pitch and Tar from
Sweden
: but the
Swedish
Merchants knowing that the Best Tarand Pitch was made in their Country, thought they had an Opportunity given them to engross it to themselves, and to send it out in their own Shipping, and sell it to their Neighbours at their own Prices: In order thereunto, they form'd a TarCompany, who engross'd the whole; and several severe Laws were made, that no Makers should sell to any but to them, and that no Ships, either foreign or their own, should load any but for their Account, and by their Order.
This Monopoly gave great Uneasiness to our Merchants, who thought it a Hardship to be debarr'd bringing home what Pitch and Tar they had occasion for their own Shipping; for losing that Navigation was putting a Number of Ships out of Employment, and consequently paying our Neighbours for Work whilst our People were unimploy'd.
They made several Complaints, but to no purpose, till the Year 1703. a War being then declar'd with
France
, and consequently a Royal Navy to be fitted out.
Upon Examination it was found, that there was not then Pitch and Tar enough in
London
for an immediate Supply.
Hereupon several Letters were wrote to Dr.
Robinson
, now Bishop of
London
, then her Majesty's Envoy at the Court of
Sweden
, upon that Occasion: To which the Doctor return'd an Answer from
Warsaw
, the 4th of
August
, 1703. to Sir
Charles Hedges
Secretary of State. This Letter was copy'd out, and given to several Merchants, that they might see how much it was in the Power of the King of
Sweden
, either to forward the fitting out the Royal Navy of
England
, or to keep it in Harbour.
But for better Information, I have transcrib'd the Letter,
viz.
"
SIR
,
I Just now receiv'd your Honour's Letter of
July
the 6th, with Orders that I should earnestly press the King of
Sweden
to give such Directions about the Delivery of Pitch and Tar, as that her Majesty may know what she has to trust to therein.
Upon this Subject I humbly take leave to repeat what I have formerly writ your Honour, that on the 17/27th of
March
last I transmitted to the King of
Sweden
her Majesty's Letter about this Business, and sent it with a large Deduction to Count
Piper
; whereupon on the 20th of
March
his Majesty writ to the College of Commerce at
Stockholm
, that they should give all due Assistance to the
English
Factors, employ'd to buy up that Commodity for her Majesty's Service; that for ready Money they should be supply'd as well with what was wanting for the two former Years, as what was desir'd for this. Which Letter I sent to
Stockholm
, where it was in due time receiv'd.
Not long after, Count
Piper
told me, the Directors of the Tar-Trade had represented it to the King as a great Grievance, that they should be oblig'd to deliver at
Stockholm
any Pitch or Tar for the Use of the
English
Navy, for that they could to much more Advantage carry it thither, and sell it themselves.
I prest the Count very earnestly, that at least the King's Letter, which was already sent, might be comply'd with for this Year; and that if the like was desir'd for the future, we should give them Time for Deliberation, whether they thought fit to gratify the Queen therein or not.
I had hopes this fair Request would not have met with any Difficulty, but have lately heard from Mr.
Jackson
it has been wholly rejected, and that the Directors of the Tar-Trade have declared they will export to
England
and elsewhere all their Pitch and Tar for their own accounts, and that her Majesty's Navy shall be supplied at the Market-Price fixed. This I take to be all her Majesty has to trust to on that side; and my humble Opinion is, no Relief from hence can much mend the matter.
For as it can hardly be expected any new Order from the King of
Sweden
(if procured, which is uncertain) can arrive at
Stockholm
till some time in
September
, so it is not sure it will then be obey'd more than hitherto, especially considering that by that time the Transportation of Pitch and Tar from
Finland
to
Stockholm
will be almost over, and the Directors will have to say, that they have not the Quantity desired.
It would also fall into a hazardous WinterVoyage, and, in all human appearance, not answer her Majesty's Occasions; wherefore I am much in pain what Resolutions to take.
To repeat her Majesty's Request to no purpose, and where there may be a tolerable Pretence for not complying with it, seems to me to be very improper; and I humbly hope your Honour will be of that mind.
Mr.
Jackson
writes me in his Letter of
July
1, that a good Sum was then offer'd to facilitate the Matter, but he had no hope it would succeed; I also believe it will not, the Count
Wrede
being so little inclined to contribute in any case to a good Intelligence between
England
and
Sweden
, and none else having any Authority in these Matters: and therefore if these Endeavours also fail, I cannot perceive her Majesty can with any Certainty be supplied otherwise than either by buying Pitch and Tar of those Directors, at such a Price as they will sell it at in
England
, or by seizing what they send, whether found by Sea or in Port, and taking it at a reasonable Price.
The King of
Sweden
did the same last Year by Lead bound for
Dantzick
; and our Merchants there writ me, they apprehend it may be so this Year also.
The Reclaimers, not insisting upon the Advantage they might have had by carrying their Lead to
Dantzick
, offer'd it at the same Price the Admiralty of
Sweden
paid for the last Lead they bought; but instead of that were obliged to let fall one sixth, and without any Composition for the bringing up and detention of their Ships.
Against this may be objected, that thereby the present Occasion may be served, but the Uncertainty become greater for the future.
To this I can only answer, That the
Swedes
must always by themselves or others, ship out their Pitch and Tar, and we shall therefore hereafter be at as much Certainty as now. Besides, as those Directors have for many years monopolized, and reserv'd to themselves the Transportation of all Pitch and Tar that goes to
Holland
, so I judge they intend to do in regard to
England
also, which if so, would fall hard both on our Traders in that Commodity, and on our Shipping employ'd hitherto in a good Proportion to fetch it: beside that the Price in
England
would be what the Monopolizers pleased.
These Inconveniencies will, I hope, be consider'd, and remedied one way or other.
I am also of opinion, that if the War with
Muscovy
be of any long Continuance, and Inroads be made into
Finland
, as most probably will,
Sweden
will not have such Quantities of Pitch and Tar to send abroad as the Occasions of
Europe
require.
Courland
furnished some formerly; but while the
Swedes
are Masters there, none can be expected thence.
It is but very little, and not good, that
Norway
yields; and I suppose there is but very little Certainty it can be had from
Muscovy
.
What Difficulties there are in making and bringing it from
New England
, I am not acquainted with, but take it for granted
England
had better give one third more for it from thence, than have it at such Uncertainties, and in so precarious a manner from other Countries,
&c.
The
Swedes
were so fond of their new Monopoly of Pitch and Tar, that I am assur'd, by the Commander of an
English
Merchant-Ship, who was at
Stockholm
in the Year 1710, that his was the first
English
Ship which had been there for six or seven Years; and that he made Application by some
British
Merchants residing there, to the Tar-Company for a Loading of Pitch and Tar, offering them their own Prizes in ready Money: but no Interest could prevail, unless he would give Security not to carry the said Loading to
London, Lisbon
, or any other Port where the Company had a Factory.
The People of
England
soon took the Alarm; the Merchants made strong Application for making those Commodities in our own Plantations, and therefore that matter was brought before the Parliament, who gave the present Encouragement upon importing Pitch and Tar from our Plantations, which soon produced very great Quantities from thence, and they are now so very much encreased, that we receive twice as much as the Na tion consumes, and are thereby enabled to export great Quantities to the
Streights, Spain, Portugal, Holland, Bremen
, and
Hamburg
.
'Tis allow'd the Bounty given by the Government amounts to a large Sum yearly; but what we re-export and sell our Neighbours, makes the Kingdom amends for that Disbursement, and it has brought down the Price so low, that both Pitch and Tar are sold with us for less than one third part of the Price we once paid for
Swedish
Pitch and Tar: And if this way of supplying our selves from our own Plantations had not been found out, no body knows how high the
Swedes
might have raised their Price upon us, besides the Uncertainty of having it at any Price.
Upon the King of
Sweden's
Return from
Bender
, the Merchants were of Opinion, that his active and warlike Temper could not long sit still, and that a War would soon begin in the
Baltick
, which would be a great Interruption to our receiving from thence Naval Stores, and also be very injurious to all Manufacturies that depended on them for Materials, but especially to the Iron Manufactury, Timber,
&c.
What was fear'd soon came to pass, a War in the
Baltick
was begun, great Numbers of our Ships were seiz'd on frivolous Pretences, and carry'd into
Swedish
Ports, and condemned as Prize, to the unspeakable Damage of the Merchants of this Kingdom; for which no manner of Redress has been obtain'd.
The Lords Commissioners of Trade being sensible of the great Advantage of supplying our selves with Pitch and Tar from our own Plantations, sent to the Merchants to give them an account what other Naval Stores might be produc'd and brought from thence.
Their Lordships were told, that if Encouragement was given, and the People put into a proper way to begin, all other sorts of Naval Stores, as well as Pitch and Tar, might be brought from thence; that the
Swedes
had laid a new Duty on their Iron of near 25
per cent.
and that the Interruption of our Trade in the
Baltick
had greatly distress'd our Iron Manufacturers for want of Iron to carry on their Business; and farther, that the
Danes
had rais'd their Boards from eight or nine Dollars, to eighteen Dollars
per
hundred: That Undertakings of this Nature (as in the Case of Pitch and Tar) would at least lower the Prices, and lessen the Imports of
Danish
and
Swedish
Commodities, which at present drew from us a most prodigious Sum of Money. And, Lastly, it is manifest, that unless we import about 20,000 Tun of foreign Iron
per annum
, our Manufacturies cannot be compleatly carry'd on:
For in the two Years before the War began in the
Baltick
, viz. 1714, and 1715. (in which Years we had a free Trade with
Sweden
) above 40,000 Tun was imported; and tho in the two following Years above 23000 Tun was imported, yet that being short of a sufficient Supply, it created terrible Complaints among the Manufacturers.
Now 20000 Tun of Iron, at 12
l. per
Tun, comes to 240,000
l.
and the Boards and Timber we receive at their present advanc'd Price, comes to 200,000
l.
more; and if they found we could not otherwise be supply'd, they would raise the Price on us.
And besides all this, the
Danes
and
Swedes
had usually the Navigation of all their own Boards and Timber,
&c.
in their own Shipping; which Employment qualify'd them to breed up Seamen, and consequently, upon any Irruption, to fit out Ships for War and Privateers to annoy our Trade; and if so great an Advantage as bringing the said Commodities from our Plantations could be brought to pass, it would augment our Navigation to the Plantations to more than double what it now is; and not only be an additional Employment to our Ship-Builders, and all others concern'd therein, as well as to our Sailors and Seamen, but increase the Consumption of our Provisions, and other Necessaries for victualling and fitting out the said Ships; and that as our Navigation encreases, that of
Sweden
and
Denmark
must of course sink, and our new Supply of Seamen will be the greatest additional Strength imaginable of able and useful Seamen to the Naval Force of this Kingdom; which Sailors will be ready on all Occasions to man out our Fleets.
That in the Navigation we now carry on to our Plantations, it often happens that the Crops of Tobacco and Sugar,
&c.
fall short; so that many of the Ships are forc'd to come home dead freighted, and some lie a whole Season for the next Crop, which (if Encouragement was given for bringing Timber,
&c.
from our Plantations) would, upon such Disappointments, be sure of a Loading.
These Accounts were receiv'd with very great pleasure by their Lordships; and the Merchants, to promote so good a Work, waited on the Ministry at the Board of Trade, who heard and thorowly examined what the Merchants had to offer.
And after they had been attended at a great many Meetings, and receiv'd full Satisfaction, that it would be greatly for the Advantage of this Nation to be supply'd with Naval Stores from our own Plantations, and very much enlarge the Exportation of our Woollen and other Manufacturies; a Motion was made for bringing a Bill into the House, which was accordingly agreed to by the House, and pass'd the Commons with a Clause,
"That no Person or Persons within the said Plantations, or any of them, shall manufacture any Iron Wares of any kind whatsoever, out of any Sows, Pigs, or Bars whatsoever, under the penalty of
one part to such Person or Persons as shall seize or sue for the same, to be recover'd in any of his Majesty's Courts of Record at
Westminster
, or Court of
Exchequer
in
Scotland
, Courts of Admiralty, or other Courts of Record in the Plantations,
&c.
the Proof to lie on the Possessor."
By this Clause no Smith in the Plantations might make so much as a Bolt, or Spike, or Nail.
This Clause must indeed have put the Colonies into a most miserable Condition; the Smith being above all other Trades absolutely necessary for carrying on all other Employments: among the rest, that of Ship-Building had by it been utterly destroy'd, tho by this Article they make a great part of their Returns to
England
for purchasing our Manufactures.
And there was another Clause added in the House of Lords,
"That from and after the 25th day of
Decemb.
1719. no Forge going by Water, or other Work whatsoever, shall be erected or kept up in any of the said
British
Plantations, for the making, working, or converting any Sows, Pigs, or cast Iron, into Bar or Rod-Iron, upon pain, that if any Person from thenceforth erect or keep up, or cause to be erected or kept up any such Forge or other Work for the Use or Purpose aforesaid, such Person so offending, being thereof lawfully convict in any of his Majesty's Courts of Record at
Westminster
, or in the Court of Exchequer in
Scotland
, or in the Court of Admiralty, or other Court of Record held in such Plantation where the Offence shall be committed, at the pleasure of the Informer, shall, for such his or her first Offence, suffer six Months Imprisonment without Bail or Mainprize, and for every other such Offence shall suffer six Months Imprisonment without Bail or Mainprize; and all Governors, or Commanders in Chief of the said Plantations, and every of them, now and for the time being, are hereby strictly requir'd not to suffer such Forge, or other Work to be erected or kept up in any of the said Plantations within their respective Governments, contrary to the true Intent and Meaning hereof; and if any of the said Governors or Commanders in Chief shall willingly or wittingly offend or be negligent in doing his Duty herein, upon Complaint and Proof made thereof before his Majesty, his Heirs and Successors, or such as shall be by him or them thereunto authoriz'd and appointed, by the Oath of two or more credible Witnesses, the said Governor or Commander in Chief, so neglecting or offending, shall be remov'd from his Government."
This second Clause must have ruin'd all those Iron-Works in the Colonies, to the great Loss of the Proprietors of them, and given the
French
a much fairer Handle to tempt them into their Settlements, which join to ours, than the Scarcity of Iron has given them to intice away our Artificers.
Which being duly consider'd, those Persons that were sollicitous for the Benefit of the Publick, desir'd the Bill should be dropt that Session, that the Members of both Houses might have time fully to inform themselves of the Advantages thereof.
Those Gentlemen who chiefly oppos'd this Undertaking, were concern'd in Iron-Works, who since the Interruption of the Trade with
Sweden
, have rais'd their Iron to an extraordinary Price: They did all they could to obstruct the Bill; they reported it would hinder the Exportation of wrought Iron to the Plantations, that it was only a Trick of some Stock-Jobbers, and that it was carry'd on by some Persons that had a Grant from the Crown of some part of
Nova Scotia
.
All which were mere groundless Insinuations; for there never was a Design of making a Stock of it, nor were any Stock-Jobbers ever concern'd in the solliciting it, much less did any Person concern'd whatsoever think of a Grant from the Crown; neither was
Nova Scotia
the Place intended for carrying on the aforesaid Business, or thought to be proper for the said Undertaking.
But as the People of
New England, New York, Pensylvania, Carolina
, &c. are under great Necessities for
English
Manufactures, and an Incapacity of providing Commodities to pay for them, has prevented the
English
Merchants from sending them those large Quantities that might be a sufficient Supply; and as inevitable Necessity has put them upon manufacturing for themselves; therefore this new Employment of providing Naval Stores, was propos'd to take them off the Manufactures that interfere with ours.
But making a Monopoly or Stock of it, would utterly destroy the very Intentions of the Naval Store-Bill, force the Planters to continue to manufacture for themselves, and prevent the exporting our Manufactures thither.
Those Joint-Stocks or Companies, that have been erected for carrying on a Trade to the Plantations, have been found very prejudicial, and their Capitals have been quite traded away, and entirely lost to the Proprietors.
Upon examining our Exportation of wrought Iron to the Plantations, it appears that the same amounts to about 1300 Tun yearly; the full half of it goes to
Jamaica, Barbadoes
, and the other Sugar-Islands.
But if we allow seven hundred Tun to the Plantations on the Continent, about one half of that goes to
Virginia
and
Maryland
, where they have better Employment than to set hands to the making Iron Wares, and make sufficient Returns for themselves.
Therefore it may be concluded, that these Plantations, as well as the Sugar-Islands, will never concern themselves in making Iron-Manufactures; so that the whole that can be in danger is the remaining 350 Ton.
Now the Manufactury of all this 350 Ton, allowing full 12
s. per
Hundred Workmanship, comes but to 4200
l.
a Sum not worth mentioning.
'Tis then very obvious, there was no reason for the aforesaid Oppositions.
If these Gentlemens Care had been for the Good of the Publick, why were the Woollen, Linen, and Leather Manufacturies, Hats,
&c.
neglected?
Is it not as much the Interest of
England
to preserve the Exportation of those Manufacturies, as that of Iron?
But if our Plantations, that have thirteen or fourteen Iron-Works employ'd in making Bar or Pig-Iron, were encouraged to bring it home, it would not only secure the Trade we now have with them, but enlarge it.
This Rise of Iron is a very severe Tax on Waggoners, Carriers, and Farmers,
viz.
on the Tire of their Waggons, Carts, Plough-Shares, and other Iron-Works.
It is three Half-pence or two Pence
per
HorseShoe upon all large Waggon-Horses and CoachHorses in and about
London
, and a Penny on the least Shoe that is made; and I suppose it may be near the same in other Parts of the Kingdom.
'Tis also a most prodigious Discouragement to all our Ship-building.
We can't expect to make Anchors, Bolts, or any other Iron-Works, for the
Streights, Spain
, or
Portugal
, nor find a Market abroad for our IronRails, Gates, and other nice Iron-Works; the Iron being so much cheaper in
Holland, Germany, Flanders
, &c. will cause our Workmen to go thither to supply foreign Markets.
But tho we have as good Opportunities of making Iron as any Place in the Universe by our own People in our own Plantations, the Profit of which would be spent among us; yet we must not improve them: A Circumstance hard to be accounted for!
If it had not been for this Restraint upon the Iron-Trade, we might have had the fitting out of our own
Guinea
Ships; but the
Dutch
underselling us in Guns, Knives, and other Iron-Works, have thereby ingrossed the fitting out whole Cargoes.
It must be owned the Distress of the Poor Manufacturers is very great: The Dearness and Scarcity of Iron has thrown abundance of them out of work; and those that continue to work, have such large Deductions out of their usual Wages, that they meet with great Difficulties to find Bread for their Families.
The Iron-Manufacture is said to be the third in the Kingdom; and that not less than 200,000 Persons are employ'd in it.
The Waste and Destruction of the Woods in
Warwick, Stafford, Worcester, Hereford, Monmouth, Glocester
, and
Shrop
, Shires, by these Iron-Works, is not to be imagined.
The Scarcity of Wood is already grown so great, that where Cord-Wood has been sold at six or seven Shillings
per
Cord within these few Years, it is now risen to fourteen or fifteen Shillings; and in some Places is all consumed.
The Iron-Works are got among the Woods in
Glamorganshire
, and have begun on the small Quantity in
Pembrokeshire
, which can stand but a little time
before them
.
And if some Care is not taken to preserve our Timber from these consuming Furnaces, there will not be Oak enough left to supply the Royal Navy, nor Shipping for the Use of the Merchant, to the great Discouragement of Ship-building and Navigation, upon which the Safety and Figure of these Kingdoms, as a Maritime Power, depends.
It is generally allowed, that within these sixty Years,
Ireland
was better stored with Oak-Timber than we are; but several Gentlemen from hence, as well as those residing there, set up Iron-works, which in a few Years swept away the Wood to that degree, that they have not small Stuff left to produce Bark for their Tanning, nor Timber for common and necessary Uses.
Their Distress is so great, that they are forced to send to
England
and elsewhere for Bark, and to
Norway, &c.
for Building-Timber, and suffer their large Hides to be exported to
Holland, Germany
, and
Flanders
, where (to the loss of that Manufactury) they are tanned: and every Body is sensible of the Damage it must be to a Kingdom to lose their Manufacturies, and how difficult it is to regain them.
For if we consider Manufacturies and Navigation in general, we shall find that Kingdoms and States are more or less rich, as they have a greater or lesser Share of Manufacturies and Navigation.
If we take a view of
Denmark, Switzerland, Bohemia
, and other Parts of
Germany
, we shall find the common People so miserably poor, that they think themselves happy when they have an Opportunity of listing for Soldiers, and are always desirous of hiring out their Troops to be maintain'd by their Neighbours, and to receive the small Returns of Money they are capable of sending home out of their Pay.
If we likewise take a view of our own Kingdom, we shall find our Trade and Riches came in but very slowly till our Plantations began to be settled; and as they throve, our Trade and Riches encreased, our Lands rose in value, and our Manufacturies encreased also.
And there are Reasons enough to be assigned for it, which I may at a proper time more fully demonstrate.
'Tis generally agreed, the Sugar and Tobacco Plantations only, employ 300 Sail of Ships, which may be allowed to find Employment for 6000 Sailors; and they and their Families are all maintained by this Navigation.
Allowing each Ship to be worth 2000
l.
fitted out to Sea, there must be 600,000
l.
of the National Stock employ'd in this Shipping, beside their Cargoes.
The Advantages of victualling such a Number of Ships must be very considerable.
The Dependants on this Trade, and their Families, are all supported and maintained thereby; such as Ship-Carpenters, Joiners, Caulkers, Sailmakers, Rope-makers, Anchor-Smiths, Blockmakers, Ship-Chandlers, Bakers, Brewers, Butchers, Lightermen, Wharfingers, Porters, and Carmen, beside many other Employments.
And further, let those who are versed in Politicks, consider how much the natural Bulworks of this Island are maintained, repaired, and augmented by so great a Number of the best of Sailors.
It has been affirmed by some very good Judges, that before the Settlement of our Plantations, we paid 400,000
l.
yearly for
Brazil
Sugars; that we paid the
Spaniards
100
l. per
Ton for Logwood, and an extravagant Price for a great many other Commodities, with which we are now supplied by our own Plantations.
And Sir
Josiah Child
tells us, that in his time
Brazil
Sugars were beat down by the
English
Sugars from 7 or 8
l.
to 50
s.
or 3
l. per
Hundred; and the Quantity imported from the
Brazils
from 100,000 or 120,000 Chests, to 30,000 Chests.
And by another Author we are also told, that
Brazil
Tobacco stood us from 4
s.
to 8
s. per
Pound.
If we consumed but half the Quantity of Sugar then that we now do, and it cost us 7 or 8
l. per
Hundred, it must stand the Nation in a Sum greatly exceeding 400,000
l.
yearly.
And had the Consumption of Tobacco been then as great as it now is, it would have amounted to a Sum that would exceed my Calculation.
But now those Colonies do not only supply us with all the Tobacco and Sugar we consume, but send us above the Value of 500,000
l.
yearly for Re-exportation, beside Ginger, Cotton, Wool, Indigo, and many other Commodities, out of which great Numbers of Gentlemen and Planters who reside with us, are maintained; and very large Sums of Money laid out in Lands in this Kingdom, which has exceedingly raised the landed Interest.
Sir
Josiah Child
computes, that every white Man in the Sugar Plantations employs four Persons at home to provide him and his Negroes with Wear ables, Houshold-Goods, and all other Necessaries for carrying on the Work of the Plantations: And all agree that every Person employ'd in Manufacturies for Exportation, adds a considerable yearly Value to the publick Stock of this Nation.
But notwithstanding all the Advantages we receive from the Plantations, I am fully of opinion that that Trade might be so improved as to be twice as good to this Kingdom as it now is.
And that a little Care to put the People there into a way to send us their Commodities, and Productions, would cause them to throw away their Woollen, Linen, and other Manufacturies that interfere with this Kingdom, as
Virginia
has done upon the late Act for encouraging the Exportation of Tobacco.
And as soon as those Favours are granted them, and they have made some progress therein, I doubt not but we shall see a new Scene opened, additional Manufacturies carrying on in
Great Britain
; and Gentlemen would find new Houses built upon their Estates, Towns encrease, and Lands rise about them; Corn, Cattle, and all sorts of Provisions, go off quick, and at a better Price: for where Employment is to be found, Workmen will resort, and Numbers of People will create Consumption.
I know several People are very fond of shipping out Corn, and we allow a considerable Bounty to encourage it: And it is very well to have a Market when we have more Corn than we can spend. But few consider the Advantages of sending abroad our Woollen and other Manufacturies made of Materials within our selves.
If we compare the National Advantages of shipping out Corn, and also of our Woollen Manufacturies, we shall find the sending out the Value of 100
l.
in Woollen Manufacturies to be full as good as sending out the same Value in Corn.
For both Corn and Wool are our natural Product; and Manufactury is the Labour of our own People, as well as Plowing, Sowing, Reaping, and Threshing.
Ploughing, Threshing,
&c.
can only be performed by able Men; but in woollen Manufacturies Women and Children find Employment, and are useful in carrying it on as well as Men: Every Body may be employ'd in Manufacturies, but few in Tillage.
It's thought we export above twenty times the Value in Manufacturies, that we possibly can do in Corn.
The foreign Markets for Corn are very uncertain and precarious; but our Exportation of Manufacturies may be render'd more steady and certain, and Encouragement may open new Markets.
Our great Care and Study therefore ought to be to enlarge the Exports of our Manufactures, where there is so much room for Improvement; but more especially to our own Plantations, where it is in our power to enable them to purchase all their Clothing of us.
'Tis the Prudence of the
Dutch
to draw all the ingenious Artists and Manufacturers they can into their Dominions.
They also take care that all Materials for Manufacturies be render'd as cheap as possible: And this Fore-sight of theirs has enabled them to do those Wonders by Trade which they have done. And the
French
are now vigorously persuing the same Methods.
And it is the Opinion of a great many judicious Gentlemen, that if we, in like manner, endeavour'd to draw in Artists and Manufacturers into this Nation, we might very easily consume the Corn among ourselves which we now export: That one Bushel of Wheat spent at home by additional Manufacturers is of six times the advantage to the Nation as a Bushel shipped abroad; because in spending one Bushel of Wheat at home, there is five times the Value spent in Flesh, and all sorts of Provisions, Beer,
&c.
that is to say, the Value of one hundred thousand Pounds spent in Wheat, would create the Consumption of five hundred thousand Pound of the other Products of the Earth, beside the Addition of Clothing, House-rent,
&c.
But instead of a Bounty, or the Duty drawn back on wrought Iron, it pays
per Cent.
outwards, and 20
per Cent.
Custom inwards.
There is a very great Duty on several sorts of Dying-Stuffs, which makes our woollen Manufactures go dear abroad; a great Excise on Soap, Candles, Leather,
&c.
And if those Duties are not taken off, it is greatly to be fear'd the
Dutch
and
French
will have an Advantage over us in Manufacturies, and draw away many of our Manufacturers also.
As I have already mention'd the Advantage we receive by the Sugar and Tobacco-Plantations, I shall now shew the Difficulties some of the Colonies are under for want of being put into a way to make Returns, particularly
New England
.
Their great Delight is to wear
English
Manufactures, but the Difficulty of coming at them is very great; hitherto they have found no Silver Mines, and have never been put into a way to provide any thing to send us, that the Country produces, but Pitch and Tar, Turpentine, and Ships of their own building. Those Articles will go but a little way towards clothing such a Number of People, and therefore they are forced to visit the
Spanish
Coast, where they pick up any Commodity they can traffick for, to carry Lum ber and Provisions to the Sugar-Plantations, and to the Logwood-Cutters at
Campeachy
, and there exchange them for the Product of those Islands,
&c.
which they generally send to us; they are forced to catch Fish, to make Pipe and BarrelStaves,
&c.
which they send to
Portugal, Spain
, or the
Straits
; and lastly to build a great Number of Ships, the only Manufactury (except Turpentine, Pitch, and Tar) in that Country, that they can send us, which they often sell with their Cargoes in
Portugal
, and other Parts of
Europe
, as well as in
England
.
By these Methods they make a shift to scrape up about 150,000
l.
per annum
, to pay for the Goods they buy of us. 'Tis almost incredible that they should be capable of raising so great a Sum; and yet if they could find out Methods to raise more Money, their Demands for our Manufactures for their Supply would be vastly greater; for want of which they are forced to fall on the Woollen, Linen, Iron, and Leather Manufacturies, or any other wherein their Servants or Negroes can be serviceable to them.
This hath given great Uneasiness to the Manufacturers and Merchants, as well as Sailors of this Kingdom, and occasion'd many to say, that they strive to carry away our Trade; that they have, great and small, near 300 Sail of Ships in
NewEngland
alone.
But the Persons, who have received such Notions, ought to consider, that this Number consists mostly of small coasting Sloops; and that as to their larger Ships, the Merchants of
Great Britain
are Owners in great Part; and from these Ships, and their Cargoes, is produc'd all the Money we receive for our Manufactures.
If they had more Ships, and as well employ'd, that could be sold with their Cargoes in
Europe
, the Demand for our Manufactures would be so much the more enlarg'd, as the Opportunity of making Returns amounts to.
But if they had Encouragement, we might receive all our Naval Stores from them, which we now have from
Sweden, Norway
, &c. and for which we are forced to pay in Gold and Silver.
For our own Plantations abound with divers sorts of Wood, viz. Gum-Wood, Mehoggony, Wild Cherry, Chestnut, Cypress, Cedar, Wallnut, Hickery, Oak, as well as the common sorts of Wood which we receive from
Sweden, Norway
, and
Germany
; which (if the Duties were taken off) might be imported cheaper than we have them from thence. They have made excellent Pot-ashes, they produce very good Flax, have rais'd very great Quantities of it, and have begun on Hemp; which grows so high on rich Grounds, that 'tis difficult to dress it at full Length.
In
Carolina
they produce the best Rice in the World; and if that Trade was well directed, it might supply
Portugal, Spain
, and
Italy
with it, as well as the other Parts of
Europe
.
They have extraordinary rich Copper-Mines: and if search was made, 'tis thought some of a better nature may be found.
They have Iron-Stone all along the Continent, from the Southermost Parts of
Carolina
, to the Northermost Part of
New England
, in great Plenty; some of it, upon Trial, has made extraordinary good tough Iron, and very good Steel.
No Part of the World abounds more with prodigious Quantities of Wood, nor has more Rivers and Streams than that Part of the Continent. There is so much Wood, that the great Charge of the Planter is to clear the Ground.
And as no one Undertaking consumes so much Wood as Iron-Works, if they were erected, the Land would be cleared of the Wood, the Air purified, the Ground made fit for Hemp and Flax, and the best Timber might be preserv'd for bringing home.
In charcoaling the Wood, there will be a very good Opportunity of drawing Pitch and Tar out of the Pine-Trees; and no Wood, according to the best Observation, makes better Charcoal for Iron-Works: and all this without any other Charge than providing Fewel for the IronWorks, such a Dependency have these Operations one upon another.
And as there are so many Circumstances that attend the making Iron in our own Plantations, if proper Encouragement was given, it may be brought to a very great Perfection, and such Quantities made, as to exceed in value any other Product of our Plantations.
Iron is a Commodity of universal Use, staple, and certain in all Parts of the known World; consequently as much to be valued as Silver or Gold; a Commodity that will be carried every where as Ballast, at little or no Charge.
And whereas the
Dutch
do supply
Portugal
, the
Straits
, and
Turkey
with great Quantities, if we could be so happy as to have a full Supply from our own Plantations, either by Adventurers from hence, who would lay out their Estates in erecting Iron-Works, or in Exchange for the Woollen or other Manufactures which we export to those Places; we should not only ballast our Ships with Iron, but export great Quantities, not only all over the
Straits
and
Turkey
, but even to
India
and
Africa
; and soon become Masters of a good part of the Trade.
And as we were once dependant on the
Swedes
for Pitch and Tar, we must remain so still to them for Iron, as we must to
Norway
and to them for Boards and Timber, and to
Muscovy
for Hemp, unless some Care is taken to relieve us from such a Dependency: For tho 'tis probable we shall soon have a sufficient Supply of Iron from
Sweden
, yet upon any new Rupture with any of them, our Manufacturers may be put to the same Difficulty as they have lately been under.
And as the
Czar
has all the principal Ports from whence we receive our Supply of Hemp in his own Hands, it is more than probable that he will endeavour to play the same Game that
Sweden
did with their Pitch and Tar,
viz.
oblige us to receive it by his own Shipping, and at his own Prizes. Possibly this was what was aimed at in the Projects sometime since offer'd to
England, France
, and
Holland
, one after another; and for the same Reason might be rejected by them all. It is therefore very dangerous for us to depend on a Supply of Hemp from those that endeavour to get from us a part of our Trade and Navigation.
'Tis said the
French
have transported above 20,000 People to their new Settlements of
Missisippi
within this little time: and as they are so sensible of the Advantage of Colonies, and can by degrees compass all their Designs (witness
Hispaniola, Cape Breton
, and
Newfoundland
) I believe almost every Body will agree 'tis now time to look about us: And since they go on with such extraordinary Vigour in transporting great Numbers of People, and give so great Encouragement to those who will transport themselves thither, and have made such strong Forts all along the River
Canada
, and on the back of our Settlements, it will be well if they admit our Limits to come near them.
We indeed claim a vast Tract of Land to the Westward of
Carolina, Virginia, &c.
but we find the
French
have brought their Settlements already close to the back of ours. The late
French
King having granted all the Lands bordering on the
English
Settlements of
Carolina, &c.
to the Sieur
Crozat
, in which the River
Avabash
is included, which runs close to the
Apalatinan
Mountains, (Hills that run above the Heads of those Rivers which have their Course thro
Carolina
and
Virginia
,) Places most convenient to build Forts for protecting the Skin-Trade, and vending our Woollen and other Commodities; 'tis thought some valuable Mines are contain'd in those Mountains. If they should seize them, or lay hold of part of them, and afterwards on the Heads of the Rivers leading into the
Virginian
Sea, and desire to carry their Navigation that way, it may in time create Misunderstandings.
In my humble Opinion, the surest way to preserve our Claims and Properties to our Colonies, is by peopling them, as the
French
do theirs; and building Forts and Settlements on our Frontiers, as they do on theirs. Their Navigation is so far up, both the Rivers
Canada
and
Missisippi
, that,
notwithstanding
the great care taken, they will often want Supplys: and our Plantations lying all along the Sea-Coasts, with the River
Canada
and
Missisippi
on our Backs; and their Settlements being on those Rivers, and about the great Lakes, ours and theirs will be so near, that it will be impossible to prevent their supplying themselves with Woollen and other Goods from our Frontiers.
There is no doubt but the
Missisippi
Company will give their own People all the Encouragement that can be thought on; for 'tis said a great number of Negroes will be distributed among them at the Company's Charge, and that experienced judicious Persons will be appointed to examine and consider what Productions may be raised from the several Parts of the Country, and proper Directors appointed to see that the People go on regularly in raising what every Part is most capable of producing, till the Planters shall have Skill and Experience to conduct their own Affairs, and the Tract is perfectly beaten out, and the People settled in it.
If the
French
Settlements have all these Encouragements, and ours should be debarr'd making Iron, and not encouraged to send it home in Pig or Bar, nor admitted to send home their Boards and Timber, and the other Commodities which I have already mention'd, 'tis easy to judge by the Artificers they get from us, what Draughts they will make out of our Plantations, for there is not so much as a Hedge between us and them to prevent it.
Our greatest Security, and the readiest way to enrich this Nation, is to give the Plantations Encouragement towards the producing those Commodities before-mention'd, and any other that may be of advantage to us and them. No doubt People from all Parts, who are now made uneasy, would be glad to remove to such desirable Countries as our Plantations are, much more desirable than those of the
French
, because the Navigation is not attended with the Difficulties of sailing some hundreds of Miles, up dangerous Gulphs, before they can come at their Port.
A great many Families have transported themselves from several Parts of
Germany, Poland, &c.
to our Plantations; and a little Encouragement would draw great numbers thither.
'Tis certain a very great Treasure may be gain'd to this Nation by peopling our Colonies: It is therefore to be wished, that some Countenance was given to several sorts of laborious People, both in
Germany
and
Switzerland
, who are but indifferently treated in their respective Countries, to transport themselves thither.
I think it will sufficiently appear, that the Encouragement of making Pitch and Tar in the Plantations has made us independant for those Commoditys; that now we have no need to bribe any Ministry, nor supplicate any Prince in the World to supply us with them
Vid.
Dr.
Robinson's
Letter before recited
.
for our Gold and Silver; also that our Plantations can effectually supply us with all other naval Stores; and that if they had Encouragement to provide Iron, Hemp, Flax, Boards and Timber, we should be effectually supplied with all those Commodities, not only for our own Use, but for Reexportation; and that as soon as the Planters had other Employments to turn their hands to, they would presently abate sending Pitch and Tar in so great Quantities; and what they did send would be as good as that from
Sweden
, as I am credibly informed some of it is which is lately arrived.
And not only so, but more Commodities and Goods to greater value, may be brought home for Re-exportation than what we now re-export of the Product of our Sugar and Tobacco Plantations, and that the additional Navigation to our Plantations will be more than double what it now is.
That as the great Obstruction to the Naval Store-Bill was the Fear of injuring our IronManufacturys, nothing can hinder it so much as preventing their sending us what they can raise from their natural Product and Soil.
For as they have 14 or 15 Iron-works, as I have already hinted, if they can't have liberty to bring hither Bar or Cast-Iron,
&c.
they will want Effects to purchase Iron and other Manufactures with us, and consequently must be forced to work up their own Iron,
&c.
whereas if they might export hither those Commodities I have mention'd, they might barter them for manufactured-Iron, and other Manufactures.
But because 'tis pretended that the Iron Manufacturies of this Kingdom might be damaged, and our Exportation of Iron to the Plantations lessen'd, by making Iron there; and that therefore the great Advantages that would come both to us and the Plantations by the Naval Store-Bill must be lost:
I shall, before I conclude this Letter, propose a Method that I hope will sufficiently satisfy the Gentlemen that are really under those Apprehensions, and preserve not only that Manufactury to us, but also shew how our Navigation may be managed so as to prevent the Inconveniencies which are alledged we receive from the
New-England
Ships, and leave to them the same Advantages which we enjoy in our Navigation.
But I would first say something of the Advantages the Colonies will receive by turning their hands from the Manufactures which interfere with ours, and employing themselves in providing the aforesaid Commodities for sending home.
That which has enabled our Tobacco-Plantations to outdo the Tobacco-Planters of
Europe
, is the Cheapness of their Land, and the cheap Work of their Negroes. They have their Lands at a small Quit-rent, which will enable them, when once got into the way of it, to outdo
Russia
it self in the Cheapness of their Hemp and Flax, as it has done in Tobacco. They are now at a very great Charge to clear their Ground of Wood, which when cut down is of no manner of use to them; but a small Addition to their present Charge, would make it into Charcoal or Pot-ashes.
The
Russians
bring their Hemp and Flax, which is shipt off at
Archangel
, above 500 Miles by LandCarriage, and above a thousand Miles down the
Dwina
, before 'tis put on board: But our Plantations lie all along the Continent, near the SeaCoast, and there are every where Rivers navigable into the Country. Geat part of the Land is very rich, and fit for Hemp and Flax; and 'tis a much easier Navigation from thence to
England
, than it is from
Archangel
.
Hemp and Flax require very rich and strong Land, which must be often dunged; but in the Plantations, when it has bore 2 or 3 Crops, their Land is of so small value, they can afford to lay it down till it recover itself, and break up fresh Ground. By these Methods the Productions of the Land will soon stock them with Hemp, Flax, Boards, and Timber, which will enable them to purchase our Woollen and other Manufactures.
And when this Privilege is given, many of them would be content that a Bounty was allow'd to import their Wool into
England
, as well as their Hides, because every thing (as they say) would help to pay for our Manufactures, which are ready prepared for them.
This Method would contribute to enrich this Nation; and it will not only be a Happiness to us to have their Wool to manufacture, but it will take it out of their way.
The Blanket-Makers of
Whitney
will be glad of the worst of it, and work it up into Blankets, and send it them again wrought up, which at this time is a very great Trade to the Plantations.
We should by this means transfer the Employment we give the
Danes
and
Swedes
(which we pay dearly for in Gold and Silver) to our own People in the Plantations, and pay them for their Labour and Productions with the Labour and Ma nufactures of this Kingdom; and at the same time have the whole Navigation to our selves.
In the third Year of the late Queen's Reign, a Bill pass'd for allowing a Bounty on Hemp imported from the Plantations, which was again renew'd in the twelfth Year of her Reign for eleven Years longer, which time draws towards a Conclusion; and as no Persons have undertaken to import any Hemp into this Kingdom all this time, 'tis not likely they should now begin, unless there be a farther time granted for allowing a Bounty.
And whereas there was no notice taken of Flax in that Bill, if the same Bounty was allowed on Flax as on Hemp, it might have induced the Planters to sow both together; for they are Commodities sowed in the same sort of Ground, and order'd in the same manner: If one fails, the other may hit. They are both naval Stores, Flax being used in making Sail-Cloth.
But beside, it will be of extraordinary advantage to the Nation: For the Lands in
Great Britain
being (as I have already observed) too dear for sowing Flax, and therefore the Quantity sowed not allowing work for above four or five Months in the Year, many thousand of People both in the North of
England
and
Scotland
are unimploy'd all the rest of the Year.
'Tis by such Misfortunes that People learn idle Habits, and with difficulty are brought to work again: But if they were kept at full Work, they would make twice the Quantity of Linens that are now made. And the extraordinary Plenty of Flax that might be produced by this Encouragement, would give opportunity to many thousands of People, now out of Employment, to fall into this Manufactury; and we need not go far for a Market, ours being the best in
Europe
.
Where care is taken by the State to put their People into proper Methods, many fair Opportunities of enriching Kingdoms are gained.
The late
French
King, stirred up by the powerful Opposition he met with upon his invading the Provinces of
Holland
, found that Treasure, and not Largeness of Territory, was what enabled the
Dutch
to oppose him; that their Riches arose from their Manufactures, Trade, and Navigation: and therefore he determined to follow their Example.
The first Undertaking was to tempt skilful Master-Workmen and Manufacturers from other Countries.
The Golden Bait was laid before
Vanroby
, a
Dutchman
, who took it; and in consideration of a large Sum advanc'd him, and Liberty of Conscience to him and all his Descendants, and a Minister of his own Persuasion allowed to preach to them, he removed to
Abbeville
, with a Train of Workmen. And 'tis remarkable that this was done about the same time that the
French
King persecuted his own Subjects for their Religion.
By this means the Woollen Manufactury was established there, and spread it self into several other Parts of
France
; and divers other valuable Improvements were made in Trade, not only in providing Materials for Manufacturies on the very best Terms, and enlarging their Navigation, but in peopling their Colonies abroad.
The Spirit of Trade that then began among them, has continued ever since, and seems now to rise higher than ever.
Their stealing away some of our Weavers to settle at
Tankerville
so lately, and several other Attempts which they have succeeded in, shows how necessary it is to be upon our guard, and, if possible, to keep our Workmen to our selves; for if the
French
Emissaries can come at them, there will be no Encouragements wanting to tempt 'em away.
And the Emperor is now trying to establish Woollen Manufacturies in his hereditary Dominions: and the Methods taken to restrain and obstruct the Consumption of our Woollen Manufactures in those Countries, amount to a Prohibition upon several sorts of them; tho, at the same time, our greatest Supply of Linen is from his Provinces of
Silesia, Bohemia
, and
Moravia
, which amount to a vast Sum yearly.
If part of that Money could be saved, by finding Employment for more of our Poor in the Linen Manufactury, I hope it would be very pleasing to every Body: and I am humbly of opinion, that allowing a Bounty on Hemp and Flax from the Plantations would effect it.
Indeed all the Naval Stores proposed in that Bill are Commodities which we are forced to have from abroad, for which we pay mostly ready Mony.
I know several People have a very mean Opinion of the Linen Manufactury; but that must proceed from want of knowing it better.
The Manufactury of Linen may be altogether as profitable as that of Wool.
Some Persons both in
Somersetshire
and
Dorsetshire
, that threw off the Woollen Manufactury at the Revolution, and went upon making Linens, have found the Advantages thereof.
As we cannot have Flax and Hemp grow but on our best Lands, and many Landlords not allowing their Tenants the Liberty of sowing either Flax or Hemp, because it impoverishes the Land; for this reason there is but a poor Progress made at home in that Manufactury, to what it is capable of.
The Flax is inconsiderable in value to what it is when made into Cloth: A Pound manufactured may be worth a whole hundred Weight of Flax.
And a Bounty given the People in the Plantations, is but a mere Trifle towards their Labour; the Extent and Cheapness of their Lands, and cheap Labour of their Slaves, will enable them in a little time to afford it us much cheaper than we can raise it our selves, or import it from
Russia
or any other foreign Market. The Pitch and Tar already mention'd is a full Proof thereof; and the People in the Plantations want nothing but a little Direction and Encouragement to put them to work.
It is a hard Matter to turn People from the Employment, to which they have been accustom'd, to a new one; and as Necessity put the Inhabitants of the Plantations on Manufacturies for their Clothing,
&c.
if this new Employment be provided for them, some Care ought to be taken to turn their Industry to enter upon it: and therefore some gentle Restraints may be laid on those Manufacturies which too much interfere with ours. And as the great danger we are to fear is from the cheap Labour of their Negroes, they ought to be entirely excluded from being imploy'd in any Manufacturies.
For no body will think it reasonable, when a Nation has spared her People to settle a Colony, that their Arts, Mysteries, and Skill in Manufacturies, should be transmitted to the Slaves of those Planters.
Therefore as they are only intended for Planting and doing the Drudgery of the Plantations, they ought not to work at any sort of Iron-Manufactury, further than making into Pigs; nor be admitted to weave, or comb, or spin any Wool, nor to spin or weave any Flax for Linen-Cloth; nor to work up, or be admitted to manufacture Hats, Stockings, or Leather.
And if after a certain time allowed for notice, any Negroe or Slave is found working at any of the aforesaid Manufacturies, 'tis proposed that his Master or Owner shall forfeit his Right and Title to him or them, and the said Negro or Negroes shall be transported out of all the Plantations on the Continent to some of the Sugar Islands, or to the
Spanish
Plantations, there to be sold, for the Benefit of the King, and for the Benefit of the Informer.
And there is reason to believe the Planters will be content to have their Negroes excluded from working at any of the aforesaid Manufacturies, provided they may imploy them in raising Flax and Hemp, making Iron, Boards,
&c.
and be sufficiently encouraged to send them hither; and that they will consent to any further Regulation that may be thought necessary to prevent their interfering with the Manufacturies of
Great Britain
.
It is therefore proposed, That every Master-Weaver, Smith, or Comber, in the Plantations, shall be obliged to appear before the Governour of each Province, there to register his Name and Place of Abode, and take a Licence, and pay for the Liberty of exercising his Trade, and to leave a faithful Account of the Number and Names of the Journeymen he employs: And every such Journeyman shall be obliged to appear before the Governour, and register his Name, and take out a Licence for working with such a Master, and shall pay for a Licence; which Licence shall continue for one Year, and no longer; but if he changes his Master, he shall be obliged to change the Register of his Place of Abode to that of the Person he is going to reside with.
The Governour of each Province shall be oblig'd to transmit a faithful Account of the Number of Master-Smiths, Master-Weavers, Master-Combers, Number of Looms, and Number of Journeymen employed in each Manufactury: which Account shall be every Year transmitted to the Lords of Trade and Plantations, with an exact Account of all New-comers and of their last Place of Abode.
By this means the Lords of Trade will always have an Opportunity of seeing the Increase or Diminution of the Manufacturies of the Colonies, which may be encouraged or depressed, according to their Wants, or the Danger of their too much interfering with us.
This Method will be far from destroying the Iron-Works, or ruining the Proprietors of them, or from preventing the Husbandmen from getting their Plow-shares, Carts, or other Utensils, mended; or from destroying the Manufactury of Ship-Building, by depriving them of the Liberty of making Bolts, or Spikes, proper for carrying on that Work. And yet 'tis hoped it will more effectually prevent the Increase of Manufacturies in the Colonies, than the severest Clause could do, by preferring to them Employments of so much greater value.
'Tis undoubtedly a great Detriment to the Trade of this Nation, to suffer Ships to sail from the Plantations to the
Straits, &c.
and return again, without being obliged first to come home, and to clear out from hence for the Plantations.
For, notwithstanding the Laws against taking in any of the Manufactures or Merchandize of those Countries, Sailors and Super-Cargoes will break thro them; and when they receive Money, will invest part of it in some Commodity or other, to carry back with them; and they never want Opportunities of buying
Italian
Silks,
French
Silks, Stuffs and Druggets,
Indian
Silks and Callicoes,
French, Dutch
, and
Hamburgh
Linens: by which means the Money that should be brought to us, is laid out in foreign Countries.
This irregular Navigation draws away more of our Sailors to settle in the Plantations, than any one Imployment that can be named.
For abundance of West-Country Vessels that go to
New-England
to purchase Fish, make several Voyages without ever touching in
Great Britain
, it being entirely out of the way.
This Practice calls over the Wife to visit the Husband at
New-England
; and when they are together, they soon become Inhabitants, and so we lose our People and Trade too.
Therefore to regulate this Trade, and render it equally advantageous both to
Great Britain
and the Plantations, it is proposed that all Ships belonging to the Plantations, who take in a Loading of Fish or Lumber for the
Straits
, shall be obliged, before they return to the Plantations, to come to
Great Britain
, and bring the Produce of their Cargoes with them, and then clear out for the Plantations.
This Method will put both our and their Navigation upon an equal and just Foundation; and must satisfy those Gentlemen who were uneasy to see so many of our Seamen carried away into the Service of the Colonies.
I know it will be objected, that so many Ships being obliged to return to
England
from the
Straits
, many of them must come home empty, and consequently be a dead Loss to the Owners.
But if this Regulation is made in our Navigation, those Ships that discharge in
Portugal, Spain, &c.
must come to
Great Britain
before they return to
America
; and may afford to take in a Loading at a smaller Freight than either the
Dutch
or
Hamburghers
can send their Ships thither, and return; and consequently will become the common Carriers for them both: for the
Dutch
Merchants,
&c.
study all frugal ways to render their Goods as cheap at Market as possible.
The Navigation now carried on between the Plantations,
Spain, Portugal
, and the
Straits
, without coming for
England
, is for Fish, Timber, Boards, Pipe-Staves, and other Lumber; and because of the Quickness of the Voyage, great Quantities are sold in those Countries, for which large Sums are remitted, and laid out to purchase Manufactures in
England
.
But very few Plantation Certificate-Goods are sold there, because bulky Commodities will not bear the Charges of importing into
Great Britain
, of passing Debentures, and Re-shipping, and Freight, to the
Straits
, which cannot be less than 5 or 6
s. per
Hundred; which is in a manner a Prohibition upon Sugar, Tobacco, Rice, and all other bulky Commodities, the one half of which would be a great Profit to the Merchant.
Some Years since the Rice of
Carolina
was carried directly to
Portugal, &c.
and great Quantities were sold there; and so well approved, that it beat out the Rice of
Verona
and
Egypt
wherever it came; and large Remittances were made from thence to
England
for the Produce thereof.
But as soon as this Liberty was restrain'd, our Markets to
Portugal, &c.
were lost, and the Planters fell under such Discouragements, that they have not proceeded with the same Vigour in raising Rice ever since; which is a very great Loss to the Manufacturers of this Kingdom: for all the Money which our Planters can raise, is sent here to buy them Clothing and Necessaries; so that
England
loses the selling of just so much in Manufactures and Merchandize as is abated in the Quantity of Rice that might be exported to
Portugal, &c.
For our People in the Colonies think it their happiness to be clothed with our Manufactures, and while there, to scrape up something to send home, that if possible they may return to
Old England
, their original Soil, and here, in Plenty and Ease, spend the Remains of Life.
Suppose we now send to
Spain, Portugal, &c.
from all the Plantations, to the value of 100,000
l.
yearly in Fish, Lumber,
&c.
and this Money is remitted to
England
, and laid out in our Woollen and other Manufactures, it is all Profit to us; but if the Merchant be debar'd this short Navigation, and be obliged to land them in
England
, and reship them, we should not send one twentieth part to the
Straits, &c.
that we now do; which Loss would fall on the Manufactures, Product and Merchandize of
England
.
If those who sit at the Helm would be pleased to consider what Productions of the Plantation will bear bringing home, and reshipping to
Spain, &c.
and what will not, they might, by their Prudence and Foresight, direct every Branch of the Plantation-Trade to be improved to a very great degree: And if
Port-Mahon
was made a free Port, bulky Commodities might be lodged there, when Markets did not answer, till there was a Demand for them, which would soon draw a considerable Trade thither; and would also be attended with so many Accommodations in favour of the Trade of
Great Britain
, that it deserves a proper time to explain, and set forth the Advantages thereof.
Portugal, Spain
, the
Straits
, and the
Levant
, consume a large part of the Commodities brought from
America
, and might be great Customers for the Products of the
English
Plantations, could they be carried directly to them upon an easy Freight; therefore all Goods that are not capable of Manufactury, and cannot bear the Charge of bringing home and reshipping, might go directly to the
Straits
: which would greatly inlarge the Sales of our Plantation-Commodities, and draw hither the Silver and Gold of the
Indies
, without digging for it.
I have carried this Letter to a much greater length than I at first intended, tho I have only touched on several things as necessary Hints to lead to further Inquiries: I have also omitted some things in which there is room for further Information. What I have writ has been at spare Minutes in the Intervals of Business: But I hope to find leisure to enlarge on some Particulars I have now touch'd upon, and also to treat further upon some Points in Trade, and the natural Advantages belonging to
Great Britain
, that may be greatly improv'd for the Benefit of the Publick.
POSTSCRIPT
.
IT has been alledged our Iron is made with Copps-Wood, and we should not have Consumption enough for it, were it not for IronWorks.
But I believe upon Enquiry, it will be found, that Copps-Wood is chiefly used in drawing CastIron into Bar, which bears but a small Proportion of the Consumption of Wood to that of melting down the Oar into Cast-Iron.
But if the largest is used in Furnaces, it may certainly be used to more advantage in making Pig-Iron into Bar: and, as I have already observ'd, our Iron-Manufactury cannot be fully carried on, without about 20,000 Ton of foreign Iron added to what we make.
It will be greatly the Interest of this Kingdom to promote the Importation of Cast or Pig-Iron from the Plantations, by taking off all Duties, and allowing a small Bounty to encourage the Beginning of such an Undertaking (without which it is to be feared little Progress will be made in it) in order to be wrought into BarIron here.
For I am informed, the same Quantity of Wood that will make as much Sow-Iron as is sufficient for one Ton of Bar-Iron, will make near four times the quantity of Pig into Bar-Iron; and the number of Poor employ'd in forging Iron into Bar, will be abundantly more than can work at Furnaces.
Supposing, for Argument, our Copps-Wood now makes 8000 Ton of Iron from the Oar into Cast-Iron, and from Cast into Bar, the same Quantity may make 30,000 Tun out of Pig into Bar-Iron; and if that Quantity is not enough for Home-Consumption, it may be enlarged to 40 or 50,000 Tun, without breaking in upon our Timber.
For if we have Cast-Iron from the Plantations, any Part of the Kingdom, to which there is WaterCarriage, and Wood and Water convenient for erecting Forges, may have the same opportunity of making Pig into Bar-Iron, as those already erected. And there are very few Counties in the Kingdom but have the Conveniency of navigable Rivers or Water-Carriage to them, and may, if Gentlemen please, partake of the Advantages, as well as those Counties that have Iron-Oar and Furnaces among them.
And as several Gentlemen are desirous to encourage the Importation of Pig-Iron, and not Bar, from our own Plantations, fearing it might interfere with the Bar-Iron made here; yet the BarManufactury may
be carried
on to the great Advantage of those Gentlemen of this Kingdom, who are willing to be concerned in Iron-Works in the Plantations, without any manner of Dependency on
Great Britain
for a Market.
For if Bar-Iron was brought home from the Plantations, and lodged in the King's Ware-House, till sent to a foreign Market; or carry'd directly to
Portugal, Spain
, and the
Straits
, as we do Lumber, Fish,
&c.
we should find Markets enough for all that will be made, the Value of which would be sent us home in Gold or Silver.
FINIS.
REMARKS Upon a BOOK, Entituled, The PRESENT STATE OF THE SUGAR COLONIES CONSIDER'D. Wherein some of the Consequences and Effects of Restraining our
Trade
are examined.
LONDON
: Printed for J.
Peele
at
Locke's-Head
in
AmenCorner, Pater-noster-Row
. 1731.
REMARKS
Upon a BOOK, Entituled,
The Present State of the Sugar Colonies considered
, &c.
IT is not possible that the Island of
Barbadoes
in particular, without making less Sugar, can ever make more Rum than they have lately made; nor can it be imagined, that they will make more Sugar there in a Year, than hath been made there in Time past; yet all the Sugar, Rum, and whatever has been produced there, has been taken off their Hands, at a Price too always above what these Goods might have been purchased for from the
French
. Now supposing our other Islands to have produced all the Commodities which they possibly could, and that all those Commodities have been constantly taken off their Hands by
England
, and our Northern Plantations, and have not been enough for them; but they have been under the Necessity of taking vast Quantities of Molosses from the foreign Islands; which some of those Northern People daily distil into Rum, and are likewise glad to take some Rum from these Foreigners to supply their
Indian
Trades, their own People, and, what is still more absolutely necessary, their Fisheries, which above all Trades whatever deserve the highest Encouragement. Supposing this to be the Case (which it really is) then it is obvious that our Northern Plantations ought not to be restrained from trading to the foreign Islands. In many Trades it is not easy to distinguish the profitable from the disadvantageous. This of the Fishery is an inexhaustible Mine. Hence arises more visible Advantage than by any Trade which we drive; yet a very little Deviation from the Ways we are now settled in might ruin the whole Trade. I will take upon me to say, that if our Northern Colonies should be prohibited from trading to the foreign Islands, that in two Years Time the
French
in their own Vessels would supply all the Fishermen that were left (if any should be left) with Rum and Molosses from
Cape Breton
; and the Charge to prevent this (if it were possible) could not be sustained by the Trade.
But to reduce this Argument to Order.
Barbadoes
, all the
Leeward
Islands, and
Jamaica
, produce all the Sugar, Rum and Molosses which they can produce; and these are all taken off their Hands by our own People, and our own Shipping: And though they do not produce sufficient for all our Demands, they desire that we will oblige ourselves to take none from any others, though those would sell us cheaper: And this they say is for our Interest, which I am so blind as not to see; but should really think, that if after our own Sugars,
&c.
were brought home, and we had not quite enough, and knew where to get them, especially when they were to be got cheaper, which I certainly do, that it would be better to send for them, than wait a great while, and at last be obliged to buy them out of Hucksters Hands. Nay I protest, so far am I from seeing, as these Gentlemen would have me, that I think if we did not want an Ounce of any of those Commodities, and could be employed to bring all the Sugar from
Brazil
, and all the Rum, Sugar, and Molosses from the
West-India
Islands, that we might make as good a Hand of it as any trading People whatever, perhaps have full as much Profit upon the Whole, as the Owners.
Now admit these Islands could but just supply our own Necessities, we should not have one Ounce for Exportation; whereas now we have just so much more as we bring home from all other Places. Let us not be so weak as, at the Loss of the Employment of so many of our own Shipping, and possibly the very Destruction of our
American
Fishery and
Indian
Trade, and consequently the Impoverishment of our Northern Colonies, to enrich those Islanders, who yet are the most opulent, most splendid, and gay People in all his Majesty's Dominions. But if these Islands are really under any Hardships, which I think won't be denied, when I fairly state the Case, and shew some Advantages that the
French
have over our Sugar Colonies, I persuade my self it will be thought the Interest of this Kingdom to take away all unreasonable and unnecessary Restraints upon that Trade.
The
French
by two several Edicts, one
Jan.
27, 1726, and another in
August
1727. took off a Restraint, which till that Time they had continued upon their own Sugar Colonies,
viz.
that of obliging all their Ships to come to
France
first, with the Production of those Colonies; and by those Edicts, gave full Liberty to their Merchants to send directly to
Spain
all Sugars, and other Merchandize, the Produce of their Islands in
America, (Muscovado
or raw Sugars only excepted). By this the
French
, who I am confident, cannot navigate so cheap as we, have an Advantage of getting their Produce to Market cheaper; and consequently, supposing our Plantations and theirs upon a
Par
in all other Respects, can get, when our own would lose. Wherefore, tho' I cannot think it proper or convenient at this Time to restrain or prohibit our Northern Colonies, or indeed any other Trade that we have with the
French
in the
West-Indies
for Sugar, Rum, Molosses, or any other Productions of their Islands: Yet I am of Opinion that our own People ought to be put upon a
Par
, at least with those of any other Nation, especially where it will not be attended with any ill Consequence to this Kingdom: And therefore to put our own Colonies upon an equal Foot with the
French
, I think that they ought to be permitted to carry their clay'd Sugar directly to any Part of
Europe
to the Southward of
Cape Finisterre
, obliging the Shipping to the same Rules and Restrictions that those are under, which carry Fish and Rice from our Northern Colonies there.
With me there is no Doubt of such Regulation being an Advantage to this Kingdom as we are now circumstanced. Suppose for Instance, that
John English
is at
Barbadoes
possess'd of 2000 Hogsheads of Sugar, and that he is well inform'd that all the Markets in
Europe
to the Northward of Cape
Finisterre
are fully supplied with Sugars, he really wants to turn that Sugar into Money, and wants that Money in
England
; but, as I said before,
England
being supplied, and he wanting Money only there, and hearing also that his Sugars would sell in
Spain
or
Italy
, he carries them there directly and sells for Money, which he remits to
England
, in this Case
England
becomes possess'd of the whole Money these Goods sold for at the best Market, only one Freight deducted, that is, the Freight from
Barbadoes
to the Place of Sale directly, which to
Spain
, or even to
Italy
, will not exceed the usual Freight to
England
. Now if he is oblig'd to go to
England
first, though he knows that Kingdom cannot take them off his Hands, and that he must carry them to
Spain
or
Italy
afterward, will he not have a great deal of Reason to complain, and may he not say, and reasonably too, "Why do you put me to this unnecessary Expence of double Freight and double Charge? Every Penny which I lose is lost to the Kingdom, or would be saved to the Kingdom by the contrary Practice. For suppose, for Example, on this Account, here are 200 Men of your Kingdom employ'd in this Service, for which your Kingdom is to receive a certain Price or Reward, is not the quickest and cheapest Way of doing it the best for you, as well as me? You have Business enough to employ those Men in afterward, or if not, they may be profitably employed by others, and by that Means acquire just as much more as I should save. Will not my Sugars sell for as much
more
, when carried from our own Islands directly, as if they had been brought to
England
and landed there, and then shipped off for such Place? Yes surely, and with less Waste to me, as well as Charge, the whole Produce of my Sugars will as certainly center in
England
in one Case as the other."
I will defy any one to prove the contrary of this, yet do we still continue to restrain our own People from enlarging and extending our own Trade, while other Nations are using all the Means they apprehend to be in their Power to extend and enlarge theirs. Hence I apprehend the Reasonableness of tolerating our Shipping to carry clayed Sugars to any part of
Europe
within the Limits aforesaid; and whereas there remained as a Duty to the Crown about 8
d
1/2 on every 112
l.
exported hence, I would propose, instead thereof, to pay to his Majesty's Receiver of enumerated Duties in all our Colonies, 12 Pence
per
Hundred upon all Sugars shipp'd thence, for any Part of
Europe
to the Southward of Cape
Finisterre
. This is what I really apprehend will be for the Good of this Kingdom; we shall in all Respects be Carriers of the same Quantities we now are, and there will be gained or saved to this Kingdom just so much as the Freight from
England
to
Spain
, or
Italy
, at least. This I conceive will put our Sugar Colonies upon a
Par
with the
French
; and I should really be very glad if I knew of any other Way of serving our Islands without Detriment to the Publick. Should we lay on any Duties upon the
French
Commodities imported to our Northern Colonies, they ought to be very small, lest we should lose what is so very beneficial, I mean the employing of at least 15000 Tons of Shipping, and not less than 2000 Men, beside the Advantage of supplying our Fisheries and
Indian
Trades cheap, thereby also enabling the Northern Colonies to make such considerable Remittances here in Money, as well as in Indigo, Cocoa, Sugar and Rum. For, as they trade for all these Commodities with the
French
as well as
English
, whatever remains over and above their own Use, is saved and sent home, more especially such Part or Commodity as was produced on any of our own Islands, which is equal to so much real Treasure brought into this Kingdom, either to supply our own Wants, or to sell to our Neighbours; for all which, beside the real Freight and Commissions staying with us for ever, we send them in Return woollen Manufactures principally, by which Means we are greater Gainers than we should be by those who took from us principally the Manufactures of
India, Holland, Flanders
, or
Germany
; and all that is gained this Way, is by our own Labour chiefly.
The Lumber which our Northern Colonies supply the
French
with costs nothing but Labour, and their Horses would be
of
no Value, but for that Trade; and what is worst of all, if we did not supply them that Way, they could serve themselves, by which they would increase their Trade and Navigation exactly in Proportion to our Loss. With Lumber they might be supplied from their Settlements of
Mobile, Pansecola
, and
Fort Louis
, in the Bay of
Apalachy
. I will suppose a Sloop loaden with Lumber there, (and she may be as easily loaden there as in any Part of the Universe) and will leave it to any Man acquainted with Navigation and Freighting of Sloops, whether in Time of Peace particularly, if he were offered twenty Shillings in a Ton more Freight from thence to
Martinico
than from
Carolina, Virginia, Philadelphia, New-York, Rhode-Island, Boston
, or any other Place on the
English
Continent of
America
, he would not accept of it from the Bay of
Apalachy
. I declare I would; and I am persuaded I could make more Voyages in a Year between
Mobile
and
Martinico
, than I could between
Boston
and
Martinico
, as I should be pretty sure of a fair Wind always from
Martinico
down to the
Bay
; the Time of gaining a Passage thence through the
Gulph
, would not be longer than the Advantage I had by the Shortness of the Passage down: And considering that in this last Case you are more out of the Way of North West Winds, and never in the Way of them, but when they would be fair for you, really I can make but little Difference in the Choice of the Voyages; but admitting it were twenty Shillings
per
Ton, what a prodigious Sum should we lose, and the
French
be so little, if any worse, supplied?
Then as to Horses and Mules, they may be supplied with them full as cheap from the
Spanish
Coast. I allow that they must give perhaps thirty Pieces of Eight for each Mule upon the Coast in the Way of Trade; or if they purchase at
Curasoa
, as they generally have done, they pay so much Cash; I will suppose in this Case, after Freight and all other Charges, that a Mule in
Martinico
cannot be sold for less than 400 Livres (
i.e.
) 25 Pistoles there. In this Case
Martinico
is as well supplied as if they could have
New England
Horses, or any other, at half that Price; and it will be allowed me by all who know this Trade, that I have not advanced any Thing about the Mule Trade which hath not been practised. Horses are of such small Value on the Coast of
Coro
, that as fine Horses as I ever beheld are sold for two or three Pieces of Eight each in Trade. These we cannot carry to
Martinico
, because the Charge would be the same, or more, than on a Mule, and they would not sell for above half a Mule's Price. I have been told by both
French
and
Spaniards
, that a Mule will continue fit for Service 45 or 50 Years, and that they are not so liable to Diseases in any Degree as Horses, though they use them more cruelly, and take no manner of Care of them. I have shewn where they may have their Lumber, and where they may again be supplied with Cattle more to their Profit than they now are.
I will just mention an Advantage which the Government at present enjoys by the Importation of Rum, which I apprehend would be quite lost, should our Northern Plantations be restrained from trading to the Foreign Islands. All the Rum which our own Islands produce, is not sufficient to supply the Northern Colonies, if there be Truth in some Reports, and I am inclinable to believe them,
viz.
That
Vide
p. 19. of a Book, entituled,
The Present State of the Sugar Colonies considered
.
there hath been 20000 Hogsheads of
French
Molosses manufactured into Rum in
New England
in one Year, beside
French
Rum imported; the Consumption on that Commodity must be prodigious there, for I am well assured that a Gallon of Molosses will make a Gallon of Rum; consequently there was, at only 63 Gallons
per
Hogshead of Molosses, (though they are generally from 80 to 100 Gallons) 1,260,000 Gallons of Rum made in
Boston
in one Year, which I believe is more than ever was imported in one or two Years into
England
. This will plainly prove, that if
Boston
must and doth expend annually such a Quantity, or but half of it, by prohibiting the Trade between the Northern Colonies and the
French
Islands, not one Drop of Rum could be brought home here, and consequently the Revenue would suffer just the Sum now received on that Head, until the
French
had settled into a Trade of sending their Rum to
Europe
, which there is no Reason to doubt but they would, as well as send Sugars to
Holland
and
Hambourgh
. Then I expect we should have
French
Rum imported here (as we now have their Brandy) to the Loss of all the Advantage we now receive by that Commodity.
Some Gentlemen, I am told, say, that the
French
would throw away all their Molosses, if the
New-England
Men did not take it off their Hands; whence they can have Reason for this, I cannot imagine. Fifty, nay forty Years ago, I have heard that the Molosses were all wasted in
Jamaica
. They produced fine Sugars may Years before they made any Rum, and were taught at last by the
Barbadians
to make Rum, even better than their own. The Northern Colonies used to take all that they produced at first, but when they excelled in the Goodness of that Commodity, and found that it would answer to send it to
England
, they raised their Price so high, that very small Quantities are taken from thence by the Northern Colonies, yet they want not a Vent for all that they can produce; and I am well assured, that if
Jamaica
were now to be hinder ed or restrained from importing Rum or Molosses into
Great Britain
, or any other of his Majesty's Dominions, that they would notwithstanding such Restraint, have Vent for their Rum; and that there would not be one Drop less made, nor one Gallon of Molosses wasted, more than now is. The
Dutch
would be glad to carry it to
Holland
, if it were but a very little cheaper than it generally is in
Jamaica
. It is not an unusual Thing for the homeward-bound Ships in
Curasoa
to take in Proportion to the Price of Rum from three or four; to twenty Puncheons of
Kill Devil
, as they call it. I have known vast Quantities of Rum there at a time, as well as Sugars, from the
English, French
, and
Dutch
Islands, and the Island of St.
Thomas
. There are many Ships of vast Burden there frequently, and they are glad of Sugars, or indeed whatever will answer in
Holland
, to fill up; and if we were weak enough to suppose that the
French
would waste their Molosses now they have learnt (tho' God knows they knew before we did) how to extract a Spirit from Molosses, we should be as much deceived as those Gentlemen are, who think they could not be supplied with Cattle or Lumber but from our Plantations.
During Queen
Anne's
War they made Rum in
Martinico
, for I have tasted it on Board of more than one
Martinico
Prize during that War, and they then found Cask for their Su gar, Rum and Indico,
&c.
In the Year 1713, or early in 1714, when I believe that Island had never received any of our Northern Lumber, but such as they had taken as Prize during the preceding War; then was I told by several Gentlemen of that Island, that notwithstanding that long War, they had increased their Plantations, Numbers and Produce to such a Degree, that they then employed three Times the Quantity of Shipping that they could before that War. At
Fort St. Pierre
, and
Fort-Royal
, there was then above sixty Sail of Ships, some of them of forty Guns, and all Merchantmen; even then there was a good deal of Wood upon the Island; and I have seen many Hundreds, I believe many Thousand of Tierces, made of the Wood which grew on the Island. I have seen the Coopers making them, and if that Island is now cleared, surely they would make free enough with
Dominico, St. Lucia
, and
St. Vincent
; as they hitherto have done for Mill-Wood, and their principal Timber,
&c.
Whereas if we were to exert our selves, as I believe we have a Right to do, and hinder them, have not I shewn where they could have enough? But the Danger of their encreasing upon our Backs in
America
ought to be of some Moment in our Considerations on this Affair, as well as the Increase of their Shipping and Navigation, which, in Case of any Rupture between the Crowns, would make them more formidable by Sea, where only we have any Reason to value them.
In the last mentioned Year a Person of my Acquaintance bought several Hogsheads of Rum in
Martinico
, as well as Sugar, and carried them to
Curasoa
. The Rum he bought for six
Sol's
, which was not 4
d.
Sterling
per
Gallon; for a Pistole then, and I think now is, 16 Livres: However so it was, and continued from 1713, to 1716, to my Knowledge, Then too were great Quantities of Money sent from
Barbadoes
to
Martinico
, and much greater Quantities brought back from
Martinico
for it: For as Money went by Tale among the
French
, and by Weight with the
English
, all the light Money was carried from the
English
, and the heavy brought from the
French
. I have received a good Pistole or
Lewis d'Or
there in Exchange for 32
Ryals
, which I am sure did not weigh two Ounces; so that I am not so much surprized to hear, that that Island wants Money, and insists on Part Money, when they sell their Sugars, as I was then at their Weakness; and indeed if I had ever expected any Complaint against that Trade, I should have thought that our own People should have been the last to have made it. The Trade we carry on there is against their Laws: The Governor there, it is true, hath a Power to admit of Necessaries being imported, at the Request of the Inhabitants; but if he were not constantly bribed by our People, he might see more clearly, and act more for the Good of his Countrey.
Monsieur
Du Quesne
, who succeeded General
Phelipeaux
in the Government of that Place, knew the Interest of his own Countrey very well; yet he was better satisfied that
Englishmen
should bring Mules to that Island, for every one of which he received 100 Livres, than if their own People had done it, where he could have got nothing at all. Are there any of our People trade there without bribing the Governor? No, not one: Yet after all these Bribes paid and included, I can purchase forty Thousand Pounds of Sugar there for less Money, or less Goods, than I can in
Barbadoes
, or any of our own Islands; and, if permitted, could bring them to
England
, and afford them 20
per Cent.
cheaper: But as I cannot do that in
England
, being restrained by Law, I carry those Goods to
Holland
, or
Hambourgh
, or
Spain
, or
Portugal
or
North America
, and there can actually gain 20
per Cent.
more than I could have done, had I purchased them in
Barbadoes
. Why, say some People, "This is what we have been proving, and would have you believe this is a real Detriment to
England
. Had not the
Englishmen
better sit still, than carry
Frenchmens
Goods, though they get 20
per Cent.
more by them than they can by their own, and leave the French to carry their own Goods themselves? They are able enough, we warrant you, and will soon be used to it. We, with the Assistance of the other Islands, can supply
Great Britain
, and the Plantations with all they want; though lately indeed we have proved, that the Northern Colonies have taken above half their Rum and Molosses from the
French
and
Dutch
, and all that we made besides, except what Rum we sent to
England
. Now notwithstanding we have really made as much Rum, Sugar, and Molosses upon the Island of
Barbadoes
, as is possible we ever can do again, because there's not a Foot of Ground unimproved in the whole Island. And though all the other of our Islands have produced as much Rum and Molosses as they were able to do, not wasting a Drop of either, and the Northern People took off all that too, and as much more of the
French
and
Dutch
, yet we can supply them ourselves; tho' we prove we all cannot, or have not, produced so much by one half as they have taken, and will want.
"
Another Thing hath been advanced which shews equal Strength, namely, that it is a Damage to this Kingdom to purchase Sugar at
Martinico
, especially with Money. I will suppose that an
English
Ship hath delivered a Cargoe in
Barbadoes
, for which her Merchant hath received 4000 Pounds; Sugars are so dear at
Barbadoes
, he will rather bring the Money home to
England
, than lay it out in a Commodity, when he apprehends that he shall lose by it; therefore so much Cash which, I will sup pose, comes safe home, adds to the Kingdom 4000 Pounds. Another Ship and Man I will suppose under the same Circumstances at
Barbadoes
; but being informed that Sugars are cheap at
Martinico
, with his 4000 Pounds goes thither and purchases Sugars; which as he cannot come to
England
with directly, he carries to
Holland
, where Sugars are never much dearer, or much cheaper than in
England
. I will ony suppose in this Case, that he bought his Sugars 10
per Cent.
cheaper than he could have done at
Barbadoes
, which will be sufficient to pay Freight: When in
Holland
he finds, after deducting 10
per Cent.
which will pay his Wages, and Wear and Tear for his whole Voyage, he has just 4000 Pounds left, which he brings to
London
. Pray, who maintained this Ship the whole Voyage? Certainly the
Dutch
. And who the other, but the
English
?
When I see and hear Propositions which are self evident, controverted and denied, and Impossibilities advanced for Truths. When a Gentleman tells Mr.
Britain
there are two Places between the Tropics equally distant from your Kingdom, one is inhabited by Mr.
French
, and the other by Mr.
English
; they produce the same Commodities, and equal in Goodness. I know you have taken off all Mr.
English's
Produce for many Years, and when you have had more than for your own Use, you supplied Mr.
Holland
, who, I have heard you say, paid you very honourably; and that you gained very well by him, he having paid the whole Charges you were at in bringing home, and carrying to him such Produce, which maintained a very great Number of your People very handsomly. Mr.
French
hath offered to sell you his Produce 30
per Cent.
cheaper than Mr.
English
does, and you may send it to Mr.
Holland
more directly than you used to do, nay for a great deal less Charge and Expence; and tho' I know he would give you just as much for one as the other, you had better take Mr.
English's
: Tho' I allow, Mr.
Britain
, you might get 40
per Cent.
more in one Case than the other; yet it is your Interest to trade with Mr.
English
only, tho' you might get more by 40
per Cent.
by Mr.
French
, and take off all Mr.
English's
Goods beside. This, I say, hath been maintained, and it remains a Doubt with some, as they say, whether Mr.
Britain
ought not to do as he is advised; tho' at the same Time too he is well assured that Mr.
French
designs to undertake that Business himself, and will, in that Case, be always able to undersell him, with Mr.
Holland
. Yes, there are People who say that Mr.
Britain
should not take any of those Advantages offered by Mr.
French
, tho' the Thing is demonstrable, that if he doth not, he will, in a little Time, lose all his Business with Mr.
Holland
, and be in Danger of wanting such Goods for his own Use and Consumption. What would any one think of Mr.
Britain
, if by such fine Argument he was persuaded to take their Advice? Why, that he was a Fool, or a Dotard. Yet this is all that they have to say.
I have so plainly shewn how the
French
have been supplied with Lumber and Cattle, that I persuade myself, that no Person acquainted in the least with that Part of the Globe, and the Trade thereof, will say, that any Thing which I have advanced, with Regard to their being supplied, for the future, from the Places, and in the Manner I have mentioned, either impracticable, or so much as improbable. I have set forth the Danger of our putting them under the Necessity of improving their Settlements in the Bay of
Apalachy
and
Mississipi
; how dangerous the Encrease of their Shipping and Navigation will be to us; the real Damage it will be to us, to lose the Employment of all the Shipping which we now employ in that Trade; or, what might be as properly said, lose the Employment of Twelve or Fifteen Thousand Tons of our Shipping, which the
French
now pay us for. Is there any one will say that they do not? That would be as absurd as to deny, that
Spain
doth employ an
English
Ship, in the following Case: Sen.
Don Diego Cadiz
acquaints Mr.
John London
, that he wants Long-Ells, Broad-Cloth, Druggets, Callimancoes, Bays, Fish, Tin, Lead, Wheat,
&c.
to the Quantity of 500 Tons; and lets him know what Commodities he proposes to pay him with, namely, Wine, Oyl, Cochineal, Wool, and Pistoles,
&c.
We are to suppose, Mr.
London
knows the Price current of all these Commodities, in
Spain
as well as in
England
; and seeing there's a great Probability of Advantage and Gain to be made, he sends a Ship of proper Burthen, for which, as it is his own Ship, he charges 30 Shillings
per
Ton Out, and as much Home. When the
Spanish
Cargoe arrives here, and is disposed of, he finds, after Freight, Commissions, and all other Charges are paid and allowed, he hath neither gained or lost by the Neat Proceeds of this Voyage: But the Freight, tho' it may not be called all clear Profit (yet, supposing and allowing the Maintenance of all the Men which mann'd the Ship, and the Wear and Tear of the Ship included, in the constant Expence of our Nation) I say, that whole Freight would be clear Gains to he Kingdom,
viz.
Fifteen Hundred Pounds, which undoubtedly we received from
Spain
. Hence
Spain
may be properly said to have employ'd an
English
Ship: Whereas, if just the contrary had happened, that
Spain
had been the Carrier and Adventurer, had not we paid them the Fifteen Hundred Pounds.
I will now suppose, that the Gentlemen of our Sugar-Colonies were indulged, and that a Restraint was laid upon all our Shipping trading to the
French
Colonies, on any Pretence whatever. If the
French
could produce as much Sugar as they used to do, and send it all to
Europe
, which, I think, no Body will doubt would be the Case; and that they would send just as much more than they used to do, as our
Northern
Colonies took from them, and consequently encrease their Shipping on that Score too; they would, in that Case, influence the Markets, or Price of Sugars in
England
, just as they have hitherto done: For I will defy any Regulation in
England
, or our Plantations, to persuade
Hambourgh, Amsterdam
, or
Cadiz
, to give us more Money for our Sugars, than they will give the
French
for theirs, while equal in Goodness. Hence, while our Sugar-Colonies produced any Quantity of Sugars more than these Kingdoms and our own Plantations in
America
consumed, the Prices of Sugar in
Europe
would not be affected thereby, and consequently not in these Kingdoms, because there is so near a Proportion in the Prices of all Commodities between us and our trading Neighbours: And so far, I confess, I am not able to perceive any Advantages these Gentlemen propose, either to themselves, or to this Kingdom. As far be it from me to suppose they imagine, that as the Consumption of that Commodity is so much encreased in these three Kingdoms, and the Northern Colonies in
America
, that,
communibus annis
, we might take off, or be in Want of all that they produced, for our own Use. In that Case, they would have it in their Power to make us pay them their own Price, or be under the Necessity of buying from the
French
in
Europe
; for when we have no other Market to go to, may they not serve us just as a famous trading People are reported to serve the World? That is, they let them have just as much Spice as they perceive they consume in Proportion to the Demand of the Consumers: If they have great Quantities remaining, they will rather burn and destroy them, than sell under what they themselves call a good Price. I say, I would not so much as suggest that any Gentlemen could have any such Design; but I would reckon and esteem those People extreamly weak and imprudent, who put it in the Power of any Body, or Colonies of People, to serve them so; and more especially when they, the Parties, seem'd so sollicitous about it themselves. The Northern Colonies would be under the Necessity of paying them whatever they demanded for their Sugar, or be obliged to send to
Europe
for all that they wanted: And tho' those very Colonies took from our own Sugar Islands all the Rum and Molosses they produced, and tho' one Town in one of those Colonies took at least Ten Thousand Tons of Rum and Molosses, the Produce of one
French
Island, namely,
Martinico
, together with the vast Quantities of the same Commodities that were the Produce of
Surinam, Guienne, Guadalupe, Granado, Cape François
, &c. that were imported there, and to all the other Colonies, all of which was but equal to their Consumption and Demand; yet these People in the Northern Colonies, in this Case would, according to the Opinion of those Gentlemen, be deprived of above one Half of those Commodities, which, by such long Use, are become absolutely necessary for them, in carrying on their
Indian
Trade and Fisheries, two of the most valuable and profitable Trades to this Kingdom, beside what is used in those Plantations where they produce Rice, Pitch and Tar, Tobacco, Wheat,
&c.
in all which, it is the Interest of this Kingdom that they be produced so cheap, that we may supply other Nations with those Commodities, whereby this Kingdom will reap the whole Profit and Advantage.
Now, as the Gentlemen of the Islands would have these People in the Northern Colonies entirely dependent on them, and as they are sure they can have none of these Things from any other Quarter, might there not be some Danger, if these Gentlemen were not Men of nice Honour, that they would make the Northern People pay extravagant Prices, perhaps twice as much as they now do, which might entirely destroy the most profitable Trades we now carry on? I will defy any Person to prove that such a Restriction could have any other Effect, than to enrich the People of our Sugar-Colonies at the Expence and Loss of the Trade of this Kingdom, and the Destruction of some, if not many of our Northern Trades and Colonies. What these Gentlemen have done to raise such Expectations as they seem to be possess'd with, I cannot imagine; but whatever Kindness may be intended them, I hope that the People in the Northern Colonies, who are as useful Subjects, will not be distressed, to aggrandize the most wealthy, most opulent, and gayest People in His Majesty's Dominions, even very few about his Courts excepted; nor the Publick Revenue lessened, nor our Trade contracted, to encrease that of our greatest Rivals, while we have or inherit the Name of
Britons
.
The Gentlemen of
Barbadoes
could not perhaps have taken a more improper Time to complain of any Hardships, as they have imported no less into the Port of
London
in the Year 1730. than 17077 Hogsheads and 256 Barrels of Sugar from that Island only, beside the Quantity imported to the Out-Ports, which I will only allow to be one Third of the Hogsheads imported to
London, viz.
5692 Hogsheads, in all 22769 Hogsheads, each Hogshead Weight in
Barbadoes
13 Hund will amount to 295997 Hund. which at 1
l.
3
s.
per
Hund. in
Barbadoes
, must amount to 340391
l.
11
s.
no inconsiderable Sum, when we consider the Smallness of that Island, which is not much bigger than the
Isle of Wight
, and the Number of People (which the Gentlemen of that Island assure us are very few) amongst whom this Sum is to be divided. But when we consider that all this is clear Profit, because those very Gentlemen have already proved before the
Honourable Committee
, that the Rum and Molosses pays all the Charges of the Plantation; and if we farther allow what we reasonably may, that but one twentieth Part of their Sugar was taken off their Hands by the Northern Colonies, the whole Amount of their Profits in the Year 1730. only, comes to 360306
l.
18
s.
a Sum so prodigious when considered as clear Profit, that it may seem incredible whenever it shall be related, that a few People (very few as they themselves say) were so bad Oeconomists, that they could not live upon such a mighty Income, but petitioned like People in Distress and under the greatest Calamities, for the Means of getting more, from a People unacquainted with their Luxury and Excess, from a People who work and labour hard for their Living, from a People who have but few, if any Slaves, who inhabit Soils less fruitful, who are obliged to be Oeconomists or starve. Yes, such has been the monstrous Effect of the Luxury and bad Oeconomy of some People, that they have been intoxicated to so great a Degree as to persuade themselves, that for only asking they could oblige those who used not only to take all the Commodities they produced off their Hands, but were under the Necessity of taking from others to supply themselves, not to take for the future any such Commodity from any other, whereby they might be capable of making them pay double the Price for all Things which they produced, and the other wanted; the real Consequence of which would be, that the People on our Sugar Islands would get more Money for their Rum and Molosses and Sugar than they used to do. But who would they get it from? Either from our Northern Colonies, or
England
, or both. If that be the Case, as it undoubtedly is, how shall we be able when they have advanced upon us, to supply those Markets we now supply so cheap? But if we are by this Means to have no more than will just supply our selves and the Northern Colonies, where will the Advantage be to this Kingdom to pay more for their own Consumption? Or what Reason can be given why we should oblige the Northern Colonies to pay more for their Consumption, which in Effect would be taking from the Northern Colonies to give to the Sugar Colonies; none of which could tend to increase the Trade and Navigation of this Kingdom, but on the contrary that Number of Men and Quantity of Shipping now employed to the
French
and
Dutch
Sugar Islands (supposing all other Trades sufficiently supplied) would be useless; the King and this Kingdom would lose the Duty, Custom and Excise of a proportionable Quantity of these Commodities, as there could not possibly be so much imported here.
From what hath been said, I would persuade myself that few who read this will want to be convinced, as I really am, that there is no Occasion for any other Regulation in this Trade than that which I proposed about permitting our Sugar Colonies to carry their clay'd Sugar directly to any Part of
Europe
South of
Cape Finisterre
: And if a small Duty not exceeding 5
l. per Cent.
were laid on all
French
Goods permitted to be imported into any of our Colonies, and that Money so arising which I would have applied as a Bounty for the sending of Hemp and Flax from them to us: I say such a Duty upon
French
Goods, together with the Bribes given to Governours,
&c.
could not make them be afforded cheaper than our own, unless the
French
could produce much cheaper than our People; and if the last be the Case, we must not long think to supply those Markets, which they can as conveniently do. We have all Sorts of Materials for carrying on of such Business cheaper than the
French
; namely, Slaves, Provisions, all Manner of Plantation Utensils, Cattle and Lumber; and as we navigate cheaper, our Islands can send their Goods cheaper to Market than any other People can. Is it not owing to our producing Tobacco so cheap, that we sell above 30000 Hogsheads every Year over and above our own Consumption? What is this owing to? Not the Excellence of the Commodity only: Other Countries produce Tobacco which will sell for more Money; but we produce so cheap, and navigate so cheap, that I have great Reason to think if we go on but a little while longer at the low Price it hath held at for some few Years past, that other People will drop that Produce, and we may do in Tobacco what we once did in Sugar, namely, beat out all others, and make them decline the Production of that Commodity; this being once accomplished, as there is some Hopes, the Tobacco Trade will again flourish.
I have Reason to be of Mr.
Gee's
Opinion, who says
Page
45, in his Book of the Trade and Navigation of
Great-Britain
considered:
"Our Planters are so far from being concerned at the Decay of our foreign Trade, that they have complained too many Sugars were made; and we may conclude will make what Interest they can with their Governors and others, to prevent their making and settling any new Plantations: If they can supply enough for Home Consumption at a great Price, it answers their Purpose. The Island of
Barbadoes
is very much worn out, and does not afford the Quantity of Sugars as heretofore; and yet the Planters live in great Splendor, and at vast Expence, while the
French
, under the Remembrance of their Poverty on their first Settlement at
Hispaniola
, continue to live very frugally, and by their Labour, Industry and Fertility of their Soil, are able to undersell us. The only Places we can think of where we may enlarge our Sugar Plantations are
Tobago
."
To which I would add too the Island of
Santa Cruz
, which is equal to it at least. The whole Chapter whence I extracted this Part I think deserves as much Consideration as any Part of his whole Book, wherein is contained many just Observations on Trade; and tho' I cannot be of Opinion with him, that the south Parts of
Carolina
and the
Bahama
Islands are proper Places for Sugar, because I have been acquainted with the Success of several Experiments there, yet I think the farther settling of the Island of
Jamaica
to be of the highest Consequence to this Kingdom, which if we neglect, we shall be in Danger to be beat quite out of all foreign Trade by the
French
: And by that Means the Planters, who shall then remain in our Islands, may make us pay just what they please for their Produce, which seems to be their only Aim by the Petition.
The Remonstrance of these Gentlemen, with Regard to our Northern Colonies, taking and using
French
Silks and
French
Linnens, looks as if they were resolved to render them as odious to this Kingdom, as they already are to the Gentlemen of our Islands. As in all Informations where the Prosecutor is principally concerned in the Consequence, it is generally known, that as far as his own Word will be taken, he seldom fails of making out all he complained of; but by the Happiness of our Constitution, we very often have the Chance of obtaining an impartial Jury, who are to be Judges of Facts, as well as the Credibility of Evidence. Now if a declared Enemy will come and tell a Jury, "Gentlemen, the People in the Northern Colonies in
America
wear principally
French
Silks and Linnens; though they can have Silks and Sattins, Callicoes and Muslins, of the Manufacture of
India
, at least 30, if not 50
per Cent.
cheaper than they can have the
French
Goods: Nay so fond are they of
French
Linnen, tho' they make Linnen worth 7
s. per
Ell themselves, that they will wear only
French
Linnen". Now what impartial Jury, who knew
New-England-Men
especially, could believe this? A Place where the richest Men follow Business closely, where Industry is principally regarded, where the Luxurious and Effeminate are discountenanced; a Place generally hated by the riotous and debauched Part of Men, because of their rigorous Laws and Customs; a People parsimonious to a Proverb: I say, were this to be related to a Jury of their Vicinage, they might think too much was proved, and shake their Heads at the Informer. If any of these Gentlemen will acquaint the Legislature with any more effectual Means to prevent the Consumption of any foreign Manufactures, either here or in our own Plantations, or shew that sufficient Care is not already taken to prevent such Abuses, as far as the Reason and Nature of the Thing requires, he may do a real Service to this Kingdom, and will then truly deserve the Thanks of every
Briton
.
FINIS.
THE PETITION AND Remonstrance OF THE GOVERNOUR and Company OF MERCHANTS of
London
Trading to the EAST-INDIES, Exhibited to the Right Honourable The LORDS and COMMONS In the High COURT of PARLIAMENT ASSEMBLED.
London
, Printed in the Year, 1641.
To the RIGHT HONOURABLE The LORDS and COMMONS in the High Court of
PARLIAMENT
ASSEMBLED:
The Humble Petition of the Govenour and Company of MERCHANTS of
London,
Trading to the
EAST-INDIES.
Humbly shewing
,
THat whereas by the special Industry and great Charges of divers Merchants of
London
, and others of his Majesties Subjects, the Trade to the
East-Indies
was begun now Forty one years past, and hath been ever since continued by a Company of all degrees of Persons in this Kingdom, Incorporated under the Royal Charters of the late Queen
Elizabeth
, and King
James
of blessed and famous Memory, with such Priviledges and Immunities as are therein at large contained, whereby many and sundry Voyages have been performed into those remote Countreyes with good success and great gain, untill of late years some Disasters at Sea, Encounters of Enemies, the undue Proceedings and Actions of our professed Friends and Allies, with other Interruptions, have infinitely damnified the said Traffique, which otherwise might have prospered and grown much better; even as it is by Time and Industry greatly enlarged and discovered, for a more ample Vent and Consumption of our Cloath, and other our native Commodities; Nevertheless, the afore-written Disasters, and the carrying of Foreign Coins out of this Kingdom into the
Indies
, have begot such causeless Complaints in the mouths of many his Majesties Subjects of all degrees, and in all Places of the Realm, that the Adventurers are thereby much discouraged to Trade any longer under the evil Censure of the multitude, desiring nothing more than to obtain their private wealth with the publick good.
Therefore the Petitioners humbly pray your Lordships and the Honourable House of Commons, to take the annexed Articles (or any other) into your most grave and wise Consideration, that so if upon the due examination of the same, the said Trade be found unprofitable to the Commonwealth, it may be
SUPPRESSED.
And if otherwise, that then it may be
SUPPORTED AND COUNTENANCED BY SOME PUBLIQUE DECLARATION
for the satisfaction of all his Majesties Subjects, and better Encouragement of the present Adventurers, or any others, who thereby might be the more forward and willing to adventure their Estates in a business of such consequence, when they shall know that it hath obtained such great and honourable Approbation.
Quæres upon the Trade to the
East-Indies.
Strength.
WHether it doth not much increase the Strength of this Kindome with Mariners, Warlike-Shipping, Ammunitions, and all necessary Arts-men thereunto belonging.
Whether it doth not greatly increase the generall Traffick of this Kingdom, not onely as it is a very ample Trade of it self, between
England
and the
Indies,
but also as it is an ample Staple or Magazine of many rich
Indian
Wares, to send from hence into other foreign Countreyes.
Wealth.
Whether it doth not increase the general Stock and Wealth of the Kingdom.
Whether it be not a Means to save the particular Subjects much Money yearly in their ordinary Expences upon all the sorts of
Indian
wares.
Whether it doth not much increase his Majesties Customes and Imposts in the yearly
Revenue.
Whether it be not a good Means to improve the price of Lands, Woolls, Tynn, Iron, Lead, and other the native commodities of this Kingdom.
Whether the King and Kingdome (also) have not gotten much by this Trade even in these late disasterous times, when the Adventures have lost great matters.
Safety.
Whether it be not a means greatly to weaken the
KING
of
SPAIN
and his Subjects, and to exhaust their Treasure.
Whether it be not a Means to counterpoize the
HOLLANDERS
swelling Greatness by Trade, and to keep them from being absolute Lords of the Seas, if they may drive us out of this rich Traffique, as they have long endeavoured to perform.
Treasure.
Whether it be not the best Means we have to increase the Treasure or Money of this Kingdom.
Honour.
Whether it be not an honour suitable to the Majesty of so great a King and Kingdome.
THE HUMBLE
REMONSTRANCE
OF Those REASONS which the Governour and Company of Merchants of
LONDON
, Trading to the
EAST-INDIES
, do make upon the
QUÆRIES
that are annexed unto their Petition, exhibited to the Right Honourable the LORDS and COMMONS in the High Court of PARLIAMENT Assembled.
And First,
Strength.
WHether it doth not much increase the strength of the Kingdom with Mariners, Warlike Shipping, Ammunition, and all Necessary Arts-men thereunto belonging.
Whether it doth not greatly increase the General Traffique of the Kingdome, not onely as it is a very ample Trade of it self between
England
and the
Indies;
but also as it is an ample Staple or Magazine of many rich
Indian
Wares to send from hence into other Foreign Countreys.
THE Trade to the
East-Indies
some few years past, when we had War with the
Portugals
, did employ Fifteen thousand Tuns of Shipping all at once, either going or coming, or Trading there from Port to Port; but since (upon good experience) we find that so great a Charge is neither
necessary
for our defence; nor
comportable
by the Benefit of the Traffique, untill some further Discoveries may be made in
China
, or elsewhere, as is hoped: Nevertheless, (according to the present times) there may be imployed and maintained Eight thousand Tuns of great and warlike shipping, besided two thousand Tuns more here in the
Kingdome
continually repayring for the next supply of those Voyages.
THis Trade as it is thus great in it self; so doth it yet further enlarge our Traffique and strength, by furnishing this Kingdom with all sorts of
Indian
Wares, not onely for our own use, but more especially for the necessary wants of Forreign Nations, which hath greatly encreased the number of our Warlike Ships, to export them from hence into
Turkie, Italy
, the
East Countries
, and other places: For proof whereof we instance some formertimes, when we have brought into
England
above eight thousand baggs of Pepper from the
Indies
in one Year (and may do so again if the Trade subsist.) Where this Kingdom doth not consume above one thousand and three hundred baggs
per annum
at the most; So the rest are Transported into Forraign Countries: And the like may be said for Callicoes, Indigo, and some other
Indian
Wares.
ALL which Additions of Shipping unto our fomer strength by Sea before this Trade began, do imploy many of His Majesties Subjects in sundry Arts to build and repair the said Ships, together with the making of Ordnance, Muskets, Powder, Shot, Swords, Pikes, Cordage, Canvas, and other necessary Ammunitions and Provisions thereunto belonging; besides a multitude of Mariners, whereof many of them are Shipped from hence. Landmen, or such as were not formerly used to the Seas, but are bred and made good Mariners by these Voyages, which otherwise at home (being without Arts or maintenance) are a heavy burthen to their Friends and Country.
AND if it be Objected, that this great encrease of Shipping which is here declared, is not always in the Kingdom upon Occasion of Service, the Answer is. That neither are the Ships of any other Merchants here at home, but some are going, some are coming, and ever the least part are in the Kingdom; yet still wheresoever they are, His Majesties Subjects have by them their imployment and maintenance, and the Kingdom as well as the
East-India
Company have had their Service: For how famous are their exploits in all Nations? How many rich Carracks have they sunk and spoyled? How many assaults of
Spanish
Gallions have they withstood and spoyled? What slaughter of their Souldiers, sack of their Towns, subversion of their Trades, and such like Honourable Actions have they performed? And all with little loss of Ships or Men? It would require a large Discourse, to declare the particulars: Neither doth the
East-India
Company commonly want two thousand Tuns of Shipping or more here in the Kingdom, which are either in building or repairing, together with all their Ordnance and other Warlike Furniture, besides their Store-Houses and Dock-yards, plentifully provided with Timber, Planck, Cordage, Powder, Shot, and many other necessary Ammunitions both for themselves, and often-times to help others, with such Provisions as cannot elsewhere be found for money in this Kingdom.
THere is yet one common Objection, but it is so weak that it scarce deserves an Answer, which is, that this
East-India
Trade destroys our Shipping and Mariners, when clean contrary to this we have already shewed the great encrease of both; and if Men dye in these long Voyages, and Ships by length of time be laid up, either here or in the
Indies
, yet what's all this but Natures course? And that which happens here at home in oure nearest Trades, although with far less noyse and notice: How many brave Commanders have we bred from mean degree? (whereof divers are still in our Service) some at this present are found worthy of good places in His Majesties Navy, others (being grown Rich) do either keep at home, or follow shorter Voyages; but leaving these Advantages, we do Answer all with this, That whatsoever is pretended in the decay of Shipping, or death of Men, yet notwithstanding the Kingdom, by this Trade hath obtained no less increase or clear addition both of the one and the other, which continually subsist and Are in Action, than is before declared.
Wealth.
Whether it doth not increase the general stock and wealth of the Kingdom.
Whether it be not a means to save the particular Subjects much money yearly in their ordinary expences upon all sorts of
Indian
Wares.
Whether it doeth not much increase His Majesties Customs and Imposts in the yearly Revenue.
Whether it is not a good means to improve the price of
Lands, Wools, Tin, Iron, Lead
, and other the Native Commodities of this Kingdom.
Whether the King and the Kingdom (also) have not gotten much by this Trade, even in this late disastrous times, when the Adventurers have lost great matters.
HEre we have five
Quæres
which must be all proved severally; the first is general, wherein we must consider how the whole Kingdom may be inriched by our Commerce with strangers, the which to perform, although it hath one and the same Rule in all the particular places of the Trade, yet is not every Country alike profitable to this Common-wealth, for the remotest Traffique is always most beneficial to the publick Stock, the Example may be framed thus.
The places of our remotest Traffique are most profitable to the Commonwealth.
Suppose we therefore, that Pepper were constantly worth 2 shillings the pound here in
England
, if we should then fetch the same from
Holland
, the Merchant may pay there to the stranger twenty pence the pound out of this Kingdoms stock, and gain well by the bargain; but if he fetch this Pepper from the
East-Indies
, he cannot give there above five pence the pound at the most to obtain the like gain, when all charges are considered; which doth suffici ently shew the great Advantage we have to buy our wares in those Remote Countries, not onely for that part alone which we spend and consume, but especially for that great quantity which from hence we Transport yearly into other Countries to be sold at higher Price than it is worth here in
England
; Whereby it is plain, that we make a far greater Stock by gain upon these
Indian
Commodities, than those Nations do where they grow; and to whom they properly appertain, as being the Natural wealth of their Countries:
We may grow rich in Trade by the Stock of other Nations.
Neither is their less Honour and Judgment by getting Riches in this manner, upon the Stock of other Nations, then by an industrious increase of our own means, especially when this latter is advanced by the benefit of the former, as we have found in the
East-Indies
by Sale of much of our Cloth, Lead, and other Native Commodities, the vent whereof doth daily increase in those Countries, which formerly had no use of our Wares, but for the better understanding of that which hath been said, we must not forget to distinguish between the gain of the Kingdom, and the profit of the Merchant.
Cloth and Lead vented in the East-Indies.
A distinction between the gain of the Kingdom and the profit of the Merchant.
For although the Kingdom pay no more for this Pepper than is before supposed, nor for any other Commodity bought in Forreign parts; more than the stranger receiveth from us for the same; yet the Merchant payeth not onely that price, but also the fraight, ensurance, Interest, Custom, Impost, and many other Charges which are exceeding great in these long Voyages; but yet all these in the Kingdoms account are but commutations among our selves, and no privation of the publique stock, they remain still in the Kingdom.
NOW, concerning that which every particular Subject of the Realm saveth in his Ordinary expence of
Indian
Wares, it is manifest that heretofore when we brought
Indico
from
Turkie
, that sort was ordinarily sold here for seven shillings the pound or more, which now we sell for five shillings the pound and under: Pepper then ordinarily at three shillings, and three shillings four pence the pound, which now is sold by the
East-India
Company for 18.
pence
the
pound
, with long time also given therewith for payment, and so likewise of divers other wares, but for Cloves, Maces, and Nutmegs, they are at very dear prices, because the
Hollanders
having expelled our people from the Islands of the
Moluccoes, Banda
, and
Amboyna
, do still keep us by force from the trade of those Spices:
The Hollanders ingrossing of Cloves, Maces, and Nutmegs, have made them exceeding dear.
In which wares, when we enjoyed the freedom in the
Indies
that unto us belongeth, we sold those Spices at low rates: But as the
Dutch
have raised the price of these Commodities, so would they much more inhaunce them and all other the rich Wares of those Countries, if we should abandon or be basely driven from the Trade.
THE next
Quære
needs but little proof, for who can truely say that his Majesties Customes and Impost are not multiplyed, when the Traffique of this Kingdom is so much encreased: onely this we will affirm, that if the Trade to the
East-Indies
were so well encouraged that it might be effectually followed, it would yearly bring to his Majesties Coffers much more than now it doth.
THE next
Quære
concerns the Kingdom neerly, for it is no small worth to
improve the price of Lands
, which never hath nor can be done, (to the common benefit) but by the prosperous successe of our forraign trade, the
Ballance
whereof is the onely means and rule of our treasure:
The ballance of our forraign trade is the true rule of our treasure.
that is to say, when either by issuing out of the Realm yearly a greater value in Wares then we consume of forraign Commodities we grow rich, or by spending more of Strangers goods than we sell them of our own, we are impoverished; For the first of these courses doth bring in the money which we have, the last will carry it away again when we have got it. It is a true saying that plenty or scarsity of mony makes all things dear or cheap in a Common-wealth, but it is necessary to distinguish the seeming plenties or money from that which onely is substantial and able to perform the work; For there are divers wayes and means to procure plenty of money into a Kingdom, (for a short time) which do not therefore inrich, but rather impoverish the same, by the several inconveniencies which ever accompany such alteration.
FOR first, if we should melt down our Plate into Coyn, which suits not with the Majesty of so great a Kingdom, except in cases of great extremity, it would cause plenty of money for a time, yet should we be nothing the richer, but rather this Treasure being thus altered, is made the more apter to be carried out of the Kingdom, if we exceed our means by excesse in forraign wares, or maintain a War by Sea or Land, where we do not feed and cloath the Souldier, and supply the armies with our own native provisions; by which disorders our Treasure will soon be exhausted; for it is not the Merchants exchange by bills that can prevent the least of these evils, as some have supposed.
Treasure which cannot long remain with us.
Again if we think to bring in store of money by suffering forraign Coynes to passe currant here at higher rates then their intrinsick value, compared with our standard; or by debasing, or by inhauncing our own monies (as some men have projected) all these actions bring their several inconveniencies, and notable ruines, as well to the King, as to his Subjects, of which we omit to enlarge, (because it is not much pertinent to our cause in hand) but rather admitting that by these courses, plenty of money might be brought into the Realm, yet should we be nothing the richer, neither can such treasure (so gotten) long remain with us, for, whether it be the stranger or the English Merchant that brings in this money, it must ever be done upon a valuable consideration, either for wares carried out already, or after to be exported, which helps us nothing except the evil occasions of excesse or War aforenamed be removed, which will exhaust our treasure; for otherwise, the money that one man bringeth in for gain, a nother shall be forced to carry out for necessity, because there shall ever be a necessity to ballance our account with Strangers, although it should be done with great losse upon the rate of the money which is exported, and peril or confiscations also, if it be intercepted by the Law, for necessity or gain will ever find some means to violate such Laws.
The great increase of strangers inhabiting here, doth impoverish this Kingdom, and begger our poor by depriving them of their Arts, and manufactures, raising the price of Corn, victuals, Rents and the like.
BUt if it should be objected that the price of our Lands are not improved onely by Treasure gained in our forraign Trade, but also by a great increase of people, whether they be natives or strangers, or both: The answer is, that the first of these wayes doth perform it to the (common benefit) and the latter to the inriching of the Landlords only by a manifest impoverishing of the Kingdome: For our experience in one particular doth teach us, that of late years we are grown so populous, that we can spare no corn to transport into forraigne Countries, but sell it all here to serve our own wants at dear rates, which formerly when it was much cheaper imployed many ships and marriners to export it unto strangers, and thereby returned us store of Treasure, which great benefit to the Kingdome is now lost. And as hereby the exportation of our native Commodities is much diminished, so our consumption of forraigne Wares is as much increased, which is a double means to impoverish this Kingdome.
Treasure that doth remain with us inrich us, and doth improve our Lands.
THe business then is briefly thus, that as the treasure which is brought into the Realm by the ballance of our forraign trade, is that money which onely doth abide with us, and by which we are inriched, so by this plenty of money thus gotten (and no otherwise) do our lands improve, for when the Merchant hath a good dispatch beyond the Seas, for his Cloath, and other our native wares, he doth presently return to buy up the greater quantity which raiseth the price of Wools, and other Commodities, which doth improve the Landlords rents, as the Leases expire dayly; and also by this means money be gained and brought more abundantly into this Kingdom; it doth inable many men to buy Lands which must make them the dearer: but if our forraign Trade come to a stop or declination by neglect at home, or injuries abroad, whereby the Merchants are impoverished, and so the Wares of the Realm lesse issued, then do all the said benefits cease, and our Lands fall of price dayly: whereupon we conclude, that as the flourishing estate of our general Trade is the only means to make our Lands improve, so the particular Trade to the
East-Indies
, is a principal instrument therein, because (as we have already proved) it hath so much increased the Traffique of this Kingdom.
THE next
Quære
seems to be a mystery which many of our Adventurers do not well understand, for (say they) how can the Kingdom gain by this Trade, when we who are the members thereof, have lost so grievously? they do not well discern that their private losse may be far lesse in proportion, then the publick benefit, as we shall instance some example to make the business plain.
The degrees of gain in forraign Trade.
IN the course of forraign Trade, there be three sorts or degrees of gain, the first, that of the Common-wealth, which may be done when the Merchant (who is principal agent therein) shall loose. The second is the gain of the Merchant, which he doth sometimes justly and worthily effect, although the Common wealth be a looser. The third is the gain of the King, whereof he is ever certain even when the Common-wealth and the Merchant shall be both losers.
COncerning the first of these, we have already sufficiently shewed the wayes and means whereby the Common-wealth may be inriched in the course of Trade, by the bal lance of the same, when excesses are avoided; therefore it is needlesse here to make any further repetition: only we do in this place affirm, that such happiness may be in the Common-wealth, when the Merchant of his particular shall have no occasion to rejoyce. As for example, suppose the
East-India
Company should send out one hundred thousand pounds in Wares or money into the
East-Indies
, and receive home for the same, the full value of three hundred thousand pounds, hereby it is evident that this part of the publick stock is trebled, and yet we may boldly say, that which we can well prove, that our said Company of Merchants shall be losers by such an adventure, if the returns be made in Spice, Indico, Callicoes, Benjamin, refined Salt Peter, Cotton yarn, and such other bulkey wares in their several proportions, according to their vent and use in these parts of
Europe
: for the fraight of shipping, the insurance of the Adventure, the charges of Factors abroad, and Officers at home, the forbearance of the Stock, his Majesties custome and imposts, with other petty charges incident, will be above two hundred thousand pounds, which being added to the principal produceth losse, and thus we see that not onely the Kingdom, but also the KING may get very much, even when the Merchant notwithstanding shall loose in his proportion, which giveth good occasion here to consider how much more the Realm is inriched by this Trade, when all things passe so happily that the Merchant is a gainer also, together with the KING and this Kingdom.
The King and Kingdom may get by Trade, even when the Merchant loseth.
BUt for the better explaining of that which hath been already alledged, we must understand, that if the said hundred thousand pounds should be trebled by the return of so much Silks and other fine Wares out of the
Indies
, then the Merchant likwise should receive good gain by such an adventure; and the reason is, because this great wealth would require but five hundred tunne of shipping to lade and bring home the same, which is but a very small charge in respect of four thousand tunns of shipping, which would be required to lade home the like value in the bulky Commodities of Spice and the like, which are afore- written.
THE second sort of gain in the course of Trade is, when the Merchant by his laudable endeavours may both bring in, and carry out Wares to his advantage, by buying them and selling them to good profit, which is the end of his labours: Yet nevertheless, the Common wealth shall decline and grow poor by a disorder in the peole, when through pride and other excesses they do consume more forraign Ware in value, than the wealth of the Kingdom can satisfie, and pay by the exportation of our own Commodities, which is the very quality of an unthrift, who spends beyond his means.
THE third sort of gain is the Kings, who is ever sure to get by Trade, when both the Common-wealth and the Merchant shall lose severally, as afore-written; or jointly, as it may and doth sometimes happen when the Merchants success is bad, and when our Commodities are over-ballanced by forraign Wares consumed, but if such disorders be not prevented, his Majesty in the end shall be the greatest loser, when his Subjects be impoverished.
Safety.
Whether it be not a means greatly to weaken the King of
Spain
and his Subjects, and to exhaust their Treasure.
Whether it be not a means to Counterpoize the
Hollanders
swelling-greatness by Trade, and to keep them from being absolute Lords of the Seas if they may drive us out of this rich Traffique, as they have long endeavoured to perform.
THE safety of the Kingdom consists, not onely in it's own strength and wealth, but also in the laudable and lawful performance of those things which will weaken and impoverish such powerful Princes, as either are, or may become our Enemies; Amongst which we will now rank the
Spaniard
in the first place, who being enabled by the power of his
Indian
Treasure, not onely to keep in subjection many goodly States and Provinces in
Italy
, the
Low-Countries
, and elsewhere, (which otherwise would soon fall from his obeysance) but also by a continuall War taking his advantages, doth still enlarge his Dominions, ayming at nothing more than the Monarchy, by this plenty of his money, which are the very sinews of his strength, that lye so far dispersed into so many Countries, yet hereby united, and his wants supply - both for War and peace in a plentiful manner from all the parts of Christendom, which are therefore partakers of his Treasure by a necessity of commerce, Wherein the
Spanish
policy hath ever indeavoured to prevent all other Nations the most it could;
Spanish Treasure is exhausted by a necessity of commerce.
For, finding
Spain
to be too poor and barren to supply it self and the
WEST-INDIES
, with those varieties of forreign Wares, whereof they stand in need, they knew well that when their native Commodities come short of this purpose, then their monies must serve to make up the reckoning; whereupon they found incredible advantage by adding the Traffick of the
East-Indies
to the Treasure of the
West
:
Spanish policy and profit in the East-India Trade.
For the last of these being employed, in the first they stored themselves infinitely with rich Wares, to barter with all the parts of
Christendom
for their Commodities, and so furnishing their own necessities, prevented others for carrying away their monies, which in point of State they hold less dangerous to impart to the remote
Indians
than to their neighbour Princes, least it should too much inable them to resist (if not offend) their Enemies: and this
Spanish
policy against others is the more remarkable being done likewise so much to their own advantage; For, every Royal of Eight which they sent to the
East-Indies
; brought home so much Wares, as saved them the disbursing of six Royals of Eight here in
EUROPE
(at the least) to their neighbours; especially in those times when that Trade was onely in their hands: But now this great profit is failed, and the mischief removed by the
English
and
Dutch
, who partake in those
East-India
Trades as amply as the
Spanish
Subjects.
Spanish Treasure is exhausted byWar.
IT is further to be considered that besides the disability of the
Spaniard
, by their native Commodities to provide forreign wares for their necessities (whereby they are forced to supply their wants with money) they have likewise that Canker of war, which doth infinitely exhaust their Treasure, and disperse it into
Christendom
, even to their Enemies; part by reprisal, but especially through a necessary maintenance of those Armies which are composed of many strangers, and lye so far remote that they cannot feed, Cloath, or otherwise provide them out of their own native means and provisions, but must receive this relief from other Nations:
The effects of different wars concerning Treasure.
which kind of War is far different to that which a Prince maketh upon his own confines, or in his Navies by Sea, where the souldier receiving monies for his wages must every day deliver it out again for his necessities, whereby the Treasure remaines still in the Kingdom, although it be exhausted from the King; but we see that the
Spaniard
(trusting in the power of his Treasure) undertakes Warres in
Germany
and other remote places, which would soon begger the richest Kingdom in
Christendome
of all their money, the want whereof would presently disorder and bring the Armies to confusion, as it falleth out sometimes with
Spain
it self (who hath the fountain of money) when either it is stopt in the passe by the force of their Enemies, or drawn out faster than it flowes by their own occasion; whereby also we often see that Gold and Silver is so scarce in
Spain
, that they are forced to use base Copper Money, to the great confusion of their Trade in want of Supplies, and not without the undoing also of many of their own People.
The Spanish treasure which is exhausted either by commerce or war, doth all come in the end into the general commerce of divers Nations.
BUT now that we have seen the Occasions by which the
Spanish
Treasure is dispersed into so many places of the World; it is needful likewise to discover, how, and in what proportion each Country doth partake of these monies: For we find that
Turkie
, and divers other Nations have great plenty thereof, although they drive no Trade with
Spain
, which seems to contradict the former Reason, where we say that this Treasure is obtained by a necessity of Commerce; but to clear this point we must know, that all Nations (who have no Mines of their own) are inriched with Gold and Silver by one and the same means, which is already shewed to be the ballance of their Forreign Trades, and this is not strictly tyed to be done in those Countries where the Fountain of Treasure is, but rather with such Order and Observations in the Trade, and against excess, as are prescribed: For suppose
England
by Commerce with
Spain
may get and bring home five hundred thousand Ryals of Eight Yearly, yet if we lose as much by our Trade in
Turkie
, and therefore carry the money thither, it is not then the
English
, but the
Turks
who have got this Treasure: Although they have no Trade with
Spain
, from whence it was first brought. Again, if
England
having thus lost with
Turkie
, do notwithstanding gain twice as much by
France, Italy
and other Members of her general Trade, then will there remain five hundred thousand Ryals of Eight clear gains by the ballance of the same; and this comparison holds between all other Nations, both for the manner of getting, and the proportion that is yearly gotten. But yet if a question should be made, whether all Nations get Treasure, and
Spain
only lose it: We Answer no; for some Countries by War, or by excess do lose that which they had gotten, as well as
Spain
by War and want of Wares doth lose that which was its own.
AND so much shall suffice to shew, that to partake in the Trade of the
East-Indies
, doth not only weaken the
Spaniards
Navigation, and strengthen our own; but also, to impeach him in this rich Trade, doth mightily exhaust his Treasure, and increase our Monies.
HAving done with the Powerful
Spaniard
, we must now say something of our professed Friends, the
Hollanders
, who of late years are become a flourishing People, Wealthy and strong, both by Sea and Land, by nothing else but Trade;
The Hollanders greatness by Trade.
and yet we know that they have little in their own Country wherewithal to Trade; but we must not therefore imagine, that so great a Building is either raised, or can stand without a strong Foundation, which these Industrious Men wanting means in their own Land, do find out Rich Mines in His Majesties Seas;
The Hollanders best foundation the English Fishing.
Golden Mines we may term them, for so the Lords States themselves do call them, and thus also in their Publick Proclamations, which they have set forth in all occasions for the better preservation of this Fishing, a Treasure it is (indeed) inestimable, and an employment most profitable: From hence Orignially proceeds the increase and maintenance of the People, their flourishing Arts, their private Wealth, their publick Treasure, the multitude of their Ships which fetch Materials to Build Ships, the swarms of their small Vessels which catch Fish, to lade their great Ships which Trade with Fish; the proceed whereof doth furnish them with all their wants of Foreign Wares, and makes them all Rich in Treasure; with which Treasure they do also enlarge their Trade into all the quarters of the World, whereby they are become the
Magazines
for
England, France, Spain, Turkie
, and other places, for Corn, Cordage, Ordnance, Powder, Shot, Ships, Wines, Fruits, Cavas, and many others, besides the rich Wares from the East and West-Indies, serving each Country according to their severall wants and occasions, In which course of Trade, they are not lesse industrious to supplant others (especially the
English
) than they are careful to strengthen themselves with more than ordinary diligence; for they know well, that Trade hath raised their fortune, and doth feed their Hopes; We desire not here to aggravate their Actions against us in the East Indies, for they are already too well known to all the world, but we rather with patience expect the meanes of our satisfaction and future safety; wherein we doubt not of his Majesties most gracious favours and resolutions so well begun, and in so good a way to settle and support a Trade of such great consequence;
If our Trade to the East-Indies should fail our other best Trades will fall with it.
the which if the
Hollanders
might solely enjoy (as they endeavour) they would (by the power there of) soon make themselves Masters (also) of our other best Trades into the
Streights
, and be the onely Merchants even of our Cloath and other native Commodities into those Countries; as they are already possessed of the Exportation of (almost) all our Herrings, Pilchards, and New-land Fish, to the maintenance of their Shipping and decay of ours, which is the more considerable, because it may be wished, that Corn, and Victuals, might be exported, onely in English Shipping, but the
Hollanders
are diligent observers of such occasions as may give them advantage; they know well how to work their own ends in all places where they come; and as they have infinitely prevailed in the augmentation of their Trade by the declination of other Nations, so they aime at nothing more now than to weaken the English in their Traffick, for We onely are their Corrivals, able to keep them from the absolute Dominion of the Seas, wherein we may hope ever to prevail, if we loose not the power we possesse, and the rich Trades which we have so well discovered.
Whether it be not the best meanes we have to encrease the Treasure or Money of this Kingdome.
THis position is so contrary to the common opinion, that it will require strong Arguments, to maintain and prove it, before it will be accepted, especially of the multitude, who bitterly exclaim when they see any Monies carried out of the Realm; affirming thereupon that we have absolutely lost so much Treasure, being an Act against the long continued Laws of this Kingdom, and that many other places, nay,
Spain
it self (which is the fountain of Money) forbids the Exportation thereof, some cases only excepted. To all which we might answer, that
Venice, Florence, Genoa, Savoy, Marcellis, Turkie
, the
Low-Countries
, and divers other places permits it, their people applaudes it, and find great benefit by it; but all this makes a noise and proves nothing: We must therefore come to those reasons which concern the businesse in question.
We have no Treasure but by Trade.
FIrst therefore, we will take that for granted which none will deny us, that we have no other meanes to get Treasure, but by Forreign Trade; for Mines we have none which do afford it, and how this Money is gotten in the managing of our Trade, we have already shewed; that it is done
By making our Commodities which are Exported, to over-ballance in Value the forreign Wares which we consume
; so that it resteth onely to shew how our monies may be added to our Commodities, and being joyntly exported may so much the more encrease our Treasure.
AND here we will suppose, that our yearly consumption of forreign wares is to the value of twenty hundred thousand pounds, and our exportations to exceed that two hundred thousand pounds, which summe we may thereupon affirm is brought to us in Treasure to ballance the account;
A neer estimation of our yearly exportations and importations, as they have been found by good inquiry.
but now if we adde three hundred thousand pounds more in ready mony unto our former exportation in wares, what profit can we have (will some men say) although by this meanes we should bring in so much ready money more than we did before, seeing that we have carried out the like value.
TO this the answer is, that when we have prepared our exportations of wares, and sent out as much of every thing as we can spare or vent abroad; it is not therefore said, that then we should adde our money thereunto to fetch in the more money immediately, but rather first to inlarge our Trade therewith, by inabling us to bring in more forreign wares, which being sent out again into the places of their consume, they will in due time much increase our Treasure, for although in this manner we do yearly multiply our importations to the maintenance of more shipping and Marriners, improvement of his Majesties Customes and other benefits; yet our consumption of those forreign wares is no more than it was before: so that all the said increase of commodities brought in by the means of our ready money sent out as is afore written, doth in the end become an exportation unto us of far greater value than our said monies were, which is proved by three severall examples following.
FIrst, we will suppose that one hundred thousand pounds sterling, being sent in our shipping into the East Countries, will buy there one hundred thousand quarters of wheat clear of all charges aboard the ships, which being after brought into
England
and housed, to export the same at the best time for vent thereof in
Spain
, or
Italy
it cannot
yield
yeild lesse in those parts than two hundred thousand pounds, to make the Merchant but a saver, yet by this reckoning we see the Kingdom hath doubled that Treasure.
The trade to the East-Indies (in its proportion) is the best trade and means we have to increase our Treasure.
AGain this profit will be far greater when we Trade thus with our money in remote Countries; as for example, if we send one hundred thousand pounds into the
East-Indies
, to buy Pepper there and bring it hither, and from hence send it for
Italy
or
Turkie
, it must yield five hundred thousand pounds at least in those places, in regard of the excessive charge which the Merchant disburseth in those long voyages in shipping, wages, vicutals, insurance, interest, customes, imposts, and the like: all which charges notwithstanding the King and the Kingdom gets. And we may here observe, that as the publick profit by forreign Trade is the onely means whereby we gain our Treasure: So this Trade to the
East-Indies
(in its proportion) doth far excell all others.
THE third Example is, where the Voyages are short, and the Wares Rich, which therefore will not imploy much Shipping, the profit to the Kingdom will be far less; as when another hundred thousand pounds shall be imployed in
Turkie
, in raw silks, and brought hither to be after Transported from hence into
France
, the
Low-Countries
, or
Germany
, the Merchant shall have good gain although he sell it there for one hundred and fifty thousand pounds: And thus, take the Voyages all together in their
Medium
, the ready monies exported will be returned unto us near trebled. But if any Man will yet Object that these returns come to us in Wares, and not really in Monies, as they were issued out:
THE Answer is (keeping our first ground) that if our Consumption of Forreign Wares be no more yearly than is already supposed, and that our exportations be so mightily increased by this manner of Trading with ready money, as is before declared: It is not then possible (in the course of Trade) but that all the over ballance or difference should return either in money, or in such Wares as we must export again; which, as is already plainly shewed, will be still a greater means to increase our Treasure: For it is in the Stock of a Kingdom, as in the Estates of private Men, who having store of Wares, do not therefore say, that they will not venture out, or Trade with their Money; (for this were ridiculous) but do also turn that into wares, whereby they multiply their Money; and so by a continual and orderly change of one into the other, grow rich, and when they please, turn all their Estates into Treasure, for they that have Wares, cannot want Money; and therefore the former Objection is not considerable: For what begot the Monies which we sent out, but our Wares?
NEither is it said, that Money is the Life of Trade, as if it could not subsist or pass currant without the same; for we know that there was great Trading by way of Commutation or Barter, when there was little Money stirring in the World. The
Italians
and some other Nations have such Remedies against this want, that it can neither decay, nor hinder their Trade, for they transfer Bills of Debt, and have other ways whereby they assign their Credits from one to another daily, for very great summes, with ease and satisfaction by Writing onely; whilst in the mean time, the Mass of Treasure which gave Foundation to those Credits is employed in Forreign Trade as a Merchandize which doth much increase their Traffick.
Money inlargeth trade, and Trade increaseth money.
It is not therefore the keeping of our Money in the Kingdom which makes a quick and ample Trade, but the necessity and use of our Wares in Forreign Countries, and our want of their Commodities which causeth the Vent and Consumption on all sides.
WE must not here forget the Practice of the Great Duke of
Tuscany
in his Port of
Leghorne
, which of late years from a poor Town is became a fair City, and one of the most famous places for Trade in Christendom, by the resort of many Nations, but most especially by the
English
and
Dutch
with Merchandize to a very great value yearly, and yet it is worthy Observation that the multitude of Ships and wares which come thither, have little or no means to make their returns from thence, but onely in ready Money, which they may, and do carry away freely at all times and without Custom, and such charges to the incredible Advantage of the said Duke of
Tuscany
and his Subjects, who are much inriched by the continual great concourse of Merchants, form all the States of the Neighbour Princes, bringing them plenty of Money daily to supply their wants of the said wares. And thus we see that the Current of Merchandise which carries away their Treasure, becomes a flowing stream to fill them again in a greater measure with money.
THE Example of this growing greatness hath lately moved the Duke of
Savoy
publickly to delare his Princely resolution to all Nations, offering them any Priviledges and immunities, that shall come to Trade in his Free Port of
Vila Franca
, and especially a Liberty to carry away ready monies for all the wares they bring, or other Occasions: And yet we know that neither in
Tuscany
or
Savoy
, are any Mines or Monies more than they have, and do daily get by Trade; but they know likewise that if we yearly bring them wares (although for a very great value) the money will immediately follow, for, let no Man doubt but that money must ever attend on Merchandise, for they go together: And it is worthy the noting, that those Princes are content to part with their Treasure, only to enjoy the Trade of the wares which are brought them, for which (to encourage the Merchant) they take no Custom; whereas we by sending out our money do gain the imployment of our Shipping, the Trade of the wares, and the profit of the Customs, which is a treble benefit.
THere is yet an Objection or two as weak as all the rest: The first is, that if we Trade with our money, we shall issue out the less wares; as if a man should say, those Countries which heretofore had Occasion to consume our Cloath, Lead, Tin, Iron, Fish, and the like; shall now make use of our Monies in the place of those necessaries, which to affirm were most absurd; or that the Merchant had not rather carry out wares (by which there is ever some gains expected) than to export Money, which is still but the same without any increase.
BUT on the contrary there are many Countries which may yield us very large and profitable Traffick for our money, that otherwise afford us no Trade at all because they have no use of our wares; as namely, the
East-Indies
for one, in the first beginning thereof, although since by Industry in our Commerce with those Nations we have brought them into the use of much of our Cloath, Lead, and other things, which is a good addition to the former vent of our Commodities.
AGain, some Men have alledged, that those Countries which permit Money to be carried out, do it because they have few or no wares to Trade withal: But we have great store of Commodities, and therefore their Action ought not to be our Example.
TO this the Answer is briefly; That if we have such a quantity of wares as doth fully provide us of all things needful from beyond the Seas, why should we then doubt that our monies sent out in Trade must not necessarily come back again in Treasure, together with the great gains which it may procure in such manner as is before set down? And on the other side, if those Nations which send out their moneys, do it because they have few wares of their own; how come they then to have so much Treasure as we ever see in those places, which suffer it freely to be exported at all times, and by whomsoever. We Answer, even by Trading with their monies: For by what other means can they get it, having no Mines of Gold or Silver?
Our humane actions ought especially to be considered in their ends.
THus may we plainly see, that when this weighty business is duly considered in its end (as all our Humane Actions ought well to be weighed) it is found much contrary to that which most Men esteem thereof, because they search no further than the beginning of this work, which mis-informs their Judgments, and leads them into error; for if we onely behold the Actions of the Husbandman in the Seed-time, when he casteth away much good Corn into the ground, we will rather account him a Mad man than a Husbandman: But when we consider his Labours in the Harvest, which is the end of his endeavours; we find the worth and plentiful Increase of his Actions.
Honour
.
Whether it be not an Honour suitable to the Majesty of so great a King and Kingdom.
WE have endeavoured upon all the former
Quæries
to be as brief as conveniently we might without obscurity, and now upon this last point there will be no Occasion at all to inlarge; for when it shall be found that the Trade to the
East-Indies
is so good as means to encrease our strength, wealth, safety, and Treasure, and that those discoveries spread His Majesties Fame into
Persia, Japan, China
, the Dominions of the Great
Mogul
, and many other remote Nations of the Eastern world, there will be no denial, but that these great blessings are so precious and Honourable, both to the King and his Kingdoms, that they ought to be preserved with our best endeavours against the strongest Opposition.
And for Conclusion, the
East-India
Company do Humbly Declare unto your Lordships, and the Honourable House of Commons, that they have not made their Petition, and this Remonstrance for their own Private Ends, but for the Publick good: And even so having performed their Duties, they hope it shall be their sufficient Discharge in all future times concerning the Suppressing or Supporting of the said Trade.
FINIS.
THE ENGLISH IMPROVER IMPROVED or the SVRVEY OF HVSBANDRY SVRVEYED
Discovering the Improueableness of all
Lands
: Some to be under a double and Treble others under a Five or Six Fould. And many under a Tennfould, yea Some under a Twentyfould Improuement.
By Wa: Blith a lover of Ingenuity
.
They shall beate their Swords into Plow-shares And their Speares into Pruning Hookes
Isa. 2.4.
All clearely demonstrated from Principles of Reason, Ingenuity, and late but most Real Experiences; and held forth at an Inconsiderable charge to the Profits accrewing thereby, under Six Peeces of Improvement.
1
By Floting and Watering such Land as lieth capeable thereof.
2
By drayning Fen, Reducing Bog, and Regaining Sea-lands.
3
By such Enclosures as prevents Depopulation, & advanceth all Interests.
4
By Tillage of some Land lost for want of, and Pasturing others destroyed with Plowing.
5
By a Discovery of all Soyles and Composts with their nature and use.
6
By doubling the growth of Wood by a new Plantation.
The Third Impression much Augmented
. With an Additional Discovery of the severall Tooles, and Instruments in their Formes and Figures promised.
With a Second Part; Containing
Six Newer Peeces of Improvement.
1
Our English Husbandring Claver grasse, and St. Foyn, as high as may be
2
The facilitating the charge and burthen of the Plough, with divers Figures thereof.
3
The Planting Welde, Woad, and Madder, three rich commodities for Dyers.
4
The Planting of Hops, Saffron and Liquorish, with their Advance.
5
The Planting of Rape, Cole-seed, Hemp, & Flax, and the profit thereof.
6
The great Advance of Land by divers Orchards and Garden Fruits.
The Experimenting whereof makes good the Improvement promised
. Prov. 21.5.
The thoughts of the diligent bring abundance. A diligent man shall stand before Kings
. Eccl. 9.10.
All therefore that thy hand shall find to do, do it with all thy power; for there is neither wisedome nor knowledge in the grave whither thou goest
.
London
Printed for
John Wright
, at the
Kings-head
in the
Old-Bayley
. 1653.
To the Right Honorable the Lord Generall
Cromwell
, and the Right Honorable the Lord President, and the rest of that most Honorable Society of the Councill of
STATE
.
Right Honourable
,
AS a Man, or Christian, out of pure love to Mankind, I chuse rather to cast my self at Your Lordships Feet, and come under Your greatest Censure for this high Presumption, than to omit so necessary a Duty and Discovery as the substance of this discourse Imports; Therefore dare not conceale the least inconvenience that may befall the Publique, but take
bolness
to present my thoughts that Your non-apprehending the Prejudices hindring Improvement, nor clearely your own Capassities to remove them, and may be want of oportunity to consult about these lesser things (though very great in themselves (the practise whereof throughly promoted, might make the greater more easie) compared with our weighty and present affairs, may in some measure be an accidentall cause that Improvements of our Lands go on no better, although materially the cause is in our own sloth, Prejudice and ill Husbandry. And though I dare not present this rude Treatise unto Your Honors, to crave so high Patronage, yet I shall adventure these many most humble Representations of some Prejudices to Improvements that remain founded by a Law; And of some other Obstacles, as firmly rooted by Corruption, that without your Honors Power, and Wisdoms help therein, the Improve ments here tendred will be in great measure hindred.
To the removall whereof, if Your Honors shall see cause to give incouragement, either by an Addition of such Lawes as shall appear unto you wanting, or Repealing such as hinder, I shall not question but mens spirits will be raised to such Experimenting of the principles of Ingenuity, as that wee may see this Common-wealth soon raised to her utmost fruitfullness and greatest glory.
The particulars here are too many here to discourse at large; I shall therefore take boldness to present some few with some brief reasons to evince the same; and they are very great discouragements to the Ingenuous and Active Prosecution of the Improvements of the Nation.
The first Prejudice is, That if a Tenant be at never so great paines or cost for the improvement of his Land, he doth thereby but occasion a greater Rack upon himself, or else invests his Land-Lord into his cost and labour
gratis
, or at best lies at his Land-Lords mercy for requitall; which occasions a neglect of all good Husbandry, to his own, the Land, the Land-Lord, and the Common-wealths suffering. Now this I humbly conceive may be removed, if there were a Law Inacted, by which every Land-Lord should be obliged, either to give him reasonable allowance for his clear Improvement, or else suffer him or his to enjoy it so much longer as till he hath had a proportionable requitall: As in
Flanders
and else where, in hiring Leases upon Improvement, if the Farmer Improve it to such a Rate above the present value, the Land-Lord gives either so many years purchase for it, or allowes him a part of it, or confirmes more time; of which the Tenant being secured, he would Act Ingenuity with violence as upon his own, and draw forth the Earth to yeeld her utmost fruitfullness, which once being wrought unto perfection, will easily be maintained and kept up at the height of fruitfullness, which will be the Common-wealths great advantage: Some Tenants have Advanced Land from Twenty pounds to Forty pounds
per an.
and depending upon the Land-Lords favour have been wip'd of all; and many Farmers by this uncertainty have been impoverished and left under great disgrace, which might as well have been advanced.
The second Prejudice is against that great Improvement by floating Lands, which exposeth the Improver to sute of Law for Turning a Watercourse, by Millers or others, which are minded to molest the Improvement, although the Improvement be ten fold
greater
than the Prejudice can be, and the Advantage be far more publique than the others pretended loss can be, yet few dare adventure upon the work, for fear of being sued or molested.
Many great Improvements have been, and are to this day hindred and ly dead because the Miller cannot be compounded with at any rate; some I know, whose Improvements might be Ten-fold and more, the Millers Prejudice little, if any at all, because your exact husbands so clear all their boggy, low parts, and some time by their large draines break through many springs and issuing waters, that they carry a better stream unto the Miller than he had before, and his Improvement shall be able to supply a great part of the Country with Hay and Grass, where was before but little, and may be the Millars mill may be worth five or six pound
per an.
few worth ten, that usually stand upon these waters, and let him be damnified what ever he can, it is in no proportion to Common wealths loss to such an Improvement.
The third Prejudice is, where all mens Land lie intermixed in Common Fields or Meddowes; The Ingenuous are disabled to the Improving theirs, because others will not, neither sometimes can the Improvement be made u pon any, unless upon all joyntly, or else upon an
unsupportable
Charge or Burthen. As also the not cutting straight such watercourses, of such brookes and gutters that are exceeding crooked, which some that would cannot, because of others interest that will not, abundance of the best land in this Nation is hereby lost, and wonderfull Improvements hindered, the waters raised, the lands flouded, sheep rotted, and cattell spoyled, all by this neglect.
The remedies to all the three aforesaid Prejudices, to resolve the greatest advantage to the Common-wealth, and then command them either unto a loving Conjunction in the Exchange and Improvement, or else disabling any one to hinder another that is desirous of it, giving such recompence for any dammage he shall make, as shall be adjudged reasonable by indifferent men, or competent Judges.
A Fourth is Unlimited Commons, or Commoning without stint, upon any Heath, Moor, Forrest, or other Common; This is a great Prejudice to many poor men, both Cottiers and Land-Holders, who have not of their own to stock their Commons, and so lose all, that have least need, and for whom those Commons were chiefly intended: And also a great hindrance to all; for being without that, every man laies on at random, and as many as they can get, and so Overstock the same, that ordinarily they pine and starve their Goods therein; and once in four or five years you shall observe such a Rot of Sheep, that all that the Oppressor hath gained by eating out his poor Neighbours all the other years, is swept away in one, and so, little advantage redoundeth to any: So that many thousand Acres of Land are as it were useless, which were all men limited according to their Proportion of Land or Dwellings to which the Common is due, the poor that could not stock theirs, might set them, and reap some be nefit by them: And were they easily stinted, their Commons might be as good as their own Severals to every man that hath an interest.
A Fifth Prejudice is, A Law wanting to compell all men to kill their Wonts or Moales; the good Husband doth, and the slothfull man neglects it, and thereby raiseth such a Magazine or Nursery, that they cannot be destroyed, but as fast as one destroies them, the other nurseth a fresh
supply
to fill the Country: the Prejudice is greater than can be reported.
The sixt Prejudice is the not compelling men to plant Wood where they do cut down, then to set again a treble proportion or more to what they do destroy, especially now so much of the gallant Wood of the Nation is exposed to sale: We forget that it is a mighty pillar in the upholding this poor Island, and how honorable a custom it is in other Nations, that look what Timber they cut down, they must plant five or ten times as much in stead thereof: And that all men might be compelled to plow their coarser, old mossy, rushy, bankie pasture Lands, being now fittest for it and will be bettered by it, and suffers for want of it, and the Country needs it, and none prejudiced: and for the best land every man left to his own liberty.
A Seventh Prejudice is the want of a
through
searching of the Bowels of the Earth, a business more fit to be undertaken by the Honourable Representation of the whole Common-wealth, than by any particular man; Whence are all our Mines of Lead, Tinne, Iron, Coales, and Silver Mines in
Wales
, were they not once hid, and as uncertain as we are now certain of them? and what should hinder but that in many places else the like may be discovered? as suppose Coal in
Northampton, Buckingham
, and
Oxf. Sh.
what a great benefit to those Countries would it be? Nay, if some sorts of Stone could bee but found out in some o ther parts, what might it arise unto? Nay, say that either Marl, Chalk, or Lime, or some other fat Earth could be found in some other parts where they are wanting, how much would it inrich those parts? And who can say but Silver may as well be found in other places in
Wales
or other parts? I am sure that no man knowes but he that hath searched it, and the hundred thousand part of this Nation hath never yet been tryed.
The Eighth Prejudice may be the many Watermills, which destroy abundance of gallant Land, by pounding up the water to that height, even to the very top of the ground, and above the naturall height, that it lyeth swelling, and soaking, and spewing, that it runneth very much land to a Bogg, or to mire, or else to Flagg and Rush, or Mareblab, which otherwise was as gallant land naturally as could be, I am confident many a thousand a year are thus destroyed, some mills worth above 10 or 12. pound
per an.
destroy lands worth 20.30. or 40.
per an.
I know it of my own knowledge, I had some few yeares since a Mill Dam in my land which destroyed one half of a gallant meaddow, meanes was used that it was removed, and that very land is returned to his perfect pureness again.
I prescribe not the utter destruction of all, of some I do, and others to have their water brought to a lower gage, and where they are wanting, Wind-mills erected, as in all the Fen Country are no other, or else incouragement given to some that I am confident are able to discover a compleat way for grinding all sorts of Corn by the strength of horse and man as feasible as malt is. I am able to give some assistance my self to this work, but shall far prefer others thereto, A Gentleman that hath waded so deeply therein as hath discovered publiquely his modell at
Lambeth
deserveth great incouragement.
And the last though not the least is the raign of many abominable Lusts, as Sloth and Idleness, with their Daughters, Drunkenness, Gaming, Licentious Liberty. Were not the greatest and best, and all men made to be usefull to the body? why continue many men as members cut off from it, as if they were made to consume it, are neither usefull in their bodies, minds, or purses to the common good? how comes City and Country to be filled with Drones and Rogues, our highwaies with hackers, and all places with sloth and wickedness? I say no more but pray some quickning Act to the execution of our Lawes against these worse than heathenish Abhominations.
All which, with many more great
annoyances
and Annusances (though some may think every man will be ready to remove, but we being under such a drowsie Age, that though each particular shall be advantaged as well as the whole body, yet it will not be indeavored as far as I am able to see into mens minds or practices) are no way possibly removeable, but by Your Honours either compelling them by acting Ingenuity themselves, or else so incouraging others that are
desirous
thereof, that None may Prejudice Improvements, by denying any liberty for carrying on the Work, receiving reasonable satisfaction for the Dammage. To which if your Honours please to add but one thing more, to give your best incouragements to all ingenious honest-hearts, some such there are that have more within them than they can express, and many such you need, and the Common-wealth more, whom while you are carefull to countenance, from Hucksters and Impostors, God will either keep you or inable you to discover, but if any one can make A clear discovery of any new Invention for the advance of Lands, Trade or Merchandize, If your Honours please to confirm it to him for a season, to reinburse himself a little, it being unconceivable what some Ingenuous men run themselves out herein, I cannot see the least Pre judice to any, but a great incouragement to all, nor can I have the least glance homeward, though plain dealing be a jewell, I finding my poor plain principles will never reach the honour of an intire discovery, if I can either draw any thing to life out of the deep judgements or opinion of the more learned, and have out any thing to a profitable experiment from my own practice, and hereby gain opportunity to cast it as a Freewill Offering into the Common Wealths Treasury, as the best and all I have to give, is my utmost Emulation. All which humble Proposals, though Unbeseeming me to present, yet a hope will not be thought Unworthy the grave and serious Consideration of Your Honours Wisedome, as being so much conducing to Publique Welfare, in which you are all ingaged; to whom in this your Publique Welfare, in which you are all ingaged; to whom in this your publique relation, I have said so much as I must humbly beg your Honours pardon, and shall say no more because in the succeeding Epistles your particular advantages will be cleared, and in the discourse at large your selves discovered to be as much discovered to be as much concerned and as capeable (in the common-wealths advantage) of as great if not greater Improvement upon all your own particular Estates as any, which I leave before you untill the fittest season for your Lordships Consideration and actings, as may seem to you most conducing to the good of all Concernments. The All-wise God guid you in your great Affaires, and make you gloriously Instrumentall to the prosperity of the Nations; These are and shall be the uncessant and Earnest desires of
Your Honours unworthiest Servant
VValter Blith.
The Epistle to the Industrious READER
.
I Shall here through thy good acceptance of my former mean Peece, and earnest Importunity for the shaddowes or Pictures of those severall Tooles I offered, and some other particular additionall waies of Improvement I promised to discover, present them all unto thee if God shall please to assist it to the Compleatment; wherein I shall a little by way of Reparation in some parts underbuild, and some lean to, or less necessary, quite pull down of the old work, and yet not deface it neither, although by my hands it will never be uniformable, onely may be wholsome and keep warm in Winter: I shall therefore forbear to mention here any of the particulars therein handled, but refer thee to the Book it self; yet shall let them know (besides some illustrations upon some of the former passages) I shall clear my promise in all particulars as to the Land Improvement, & give in as clear a discovery of the Tooles as I can in their severall figures. And by way of Addition, or as second part, I shall hold forth how thou maiest make great, and may be greater
Improvements
than have as yet been usually made in
England
upon thy Lands divers other waies.
As First, in the Mystery of
Planting
all sorts of fruits, with the speediest raising them to perfection.
Secondly I shall endeavour the facilitating the great weight and burthen of the Plough, and give you the description of some formes most suitable unto ease and speed, and hope thereby to take off a considerable strength and charge from the Husbandmans daily toil.
Thirdly, give in the best experienced way of
planting
Hemp and Flax, Rape and Cole-seed, Oad, Hops, Saffron, Licorish, and some other of our English wealth.
Fourthly, I shall endeavour to discover by what meanes we may possible raise the benefit of the Clover grasse,
St. Foine La-lucerne
to the nearest president to
France
and
Flanders
, for worth and quality, as our English climate and best husbandly experience will admit.
And Lastly, shall take boldness, with my good friend M.
Samuell Hartlips
leave, to paraphrase a little upon most of those deficiencies in husbandry which his friend charges us withall, of which we have more than a good many, and not so few as he speakes of, and reduce so many of them that I have not spoke to already in my first Edition, unto Practicall husbandry that fall under any of my experiences (which though they bee but coarse and mean, yet have been gained hardly, by many toilsome tedious Journeyes, and very great and large expences) and for the further light and help to the clear understanding of the Mystery of Improvement (for so I call it, and so it will be found when thou commest to the reall practise of it, and may be more mysterious then thy principles, customes, and experience will reach unto) I would direct thee a little to consider, what hath been written in this kind by former gallant Instruments worthy of perpetuall honour. Mr.
Markham
did excellently for his time, so did Mr.
Gouge
in his Husbandry; Mr.
Tuffer
rimes out his experiences to good purpose, and in all their bookes thou maist find out many things worth thy observation. Sir
Francis Bacons
Naturall History is worthy high esteem, it is full of rarities and true Philosophy, Sir
Hugh Plats Adams
art revived is of good report, I never yet could gain the sight of it, though Mr
Gabrell Plats
discovery of hidden Treasure is very ingenuous, and could'st thou but fathom his corn-setting Engine, and clear it to thine own and others apprehensions, it would be of excellent use without question: but for the Country Farmer Translated out of French, with some two or three other little books, I can find but little Edification or Addition to our own English experiences, what other men can find out of them I know not, but leave to thee to discover, but for the rest they have been a great and clear light to our Horizon: yet among some of them, one is worthy reprehension, which is their large observations of season: signes and planets, forgetting God the maker of them and blesser of all things, as if Seeds, Herbs and Plants were to be sowen in the Moon or Planets, which should they be observed they had need produce a double profit, because not half of any would be sow'd or planted. These times have let in so much light as will discover the vanity hereof. But I must not forget Mr
Samuell Hartlips
peeces lately put forth as discoveries made to him of great advancements other Countries have made unto themselves thereby, both which in some particulars are naturall, and suitable, and experimentall in this Nation, and of great advantage, and merit high esteem from all, and in other particulars I know not but why most of them also may be so applied and experimented too, as to raise a good, commendable, and profitable advantage if they fall into the hands of ingenuous husbandry. I have therefore endeavoured to make my thoughts as legible as I can concerning them, as well as all other the aforesaid, though not to so good purpose as I should, yet to provoke the more Ingenuous to correct them to their own advantage, although I shall render my self subject to various opinions, and though doggs bark I pass not, if the Ingenuous Reader will not condemn before hearing: my design shall not be to contend against former mistakes, New discoveries will admit some of them; but I shall perswade all men to a thorough triall of what they find most probably advantageous unto them: And what by my self shall be here held forth are most of them experimented to thy hand at my proper cost and charge without the assistance of any other purse or person, & so visible that thy own eyes shall be thy Judges, and the rest shall be so clearly held forth by irrefragable demonstration and evident conviction of the places where, and the persons by whom, as thou needest not scruple; it is time, the world is full of conceits and phantasies, nor can my self challenge immunity there from; yea reason it self hath neer beguiled me till Experience hath concluded the question: And there is a naughty generation of men that have brought an ill report upon Ingenuity through their pretences of great abilities in Enginreeship, and great experience of raising and drawing water, floating lands, oyling corn, advising strange compositions for Seed and Land, pretending great advantages by Chimistry, yet have or could not bring forth the fruit of their great undertakings, some through want of meanes to accomplish their work, not wisely forecasting at first what it would cost; others indigent in their principles, having seen or done something, therefore thought they could doe all things; and others through a base spirit of deceit, and may be some for want of Patience to try the issue: all which have brought a scandall upon Ingenuity. Though I verily beleeve much may be done by many of the afore said meanes, and more will be discovered by unthought of waies, many men having so good inventions and very able to advise great things for the Common-wealths advantage, yet may not be able of themselves to bring forth the same to publique experience; such may and do deserve some publique incouragement. A base privacy of Spirit hath so tainted us that few can vouchsafe publique service any publique honour, nor publique Instruments a publique recompence: Yet still look thou out to duty, charge not Ingenuity as an innovation, but act vigorously in thy station; good husbandry is as the sinnews and marrow that holds together the joynts of common good; all workmanship without Invention resolves it self into the workmans belly; for though a new world hath been of late discovered, yet there is not an occupation or trade of finding them, nor are our English people very active in searching after them; Study Improvements, which though they may not be said to be either Father or Mother to Plenty, yet it is the Midwife that facilitates the birth. See what shiftings people make for livelihood, how many severall callings doe men make, and yet unmake the main: The
exercising
these projections accompanied with a blessing (if I may so call them without offence) will open a way to the relief of thousands. The Common-wealth is low, and misery and penury will follow if we do not rouze the sluggard, and post after Industry, pursue all advantages of Improvement whatsoever: It is a great argument to quicken me to the more speedy publication of this third Edition, & the rest of the new additions to it; & though I here hold forth most of my own experiences, & may be said to be a Trumpeter of my own praise, yet if thou wilt but consider, First, that many of these particulars have been wrought as particular Rules or instructions to private friends as my own experiences, & to alter them will make so great an alteration in the whole, as my present occasions wil not suffer. And Secondly, because I find so great abuse by some mens high affirmations, proving but conjectures, as hath brought Ingenuity under the scandal of projects & new devises, which men will scorn to deem them so when they are made experiments. And thirdly, because the subject, though poor & plain to be discoursed, and great proof made thereof to good perfection, yet when thou commest to the thorough practise thereof, thou shalt find it so ambiguous, as notwithstanding, all my allusions to my own experience will be little enough, and then thou wilt excuse me. And could the Authour have been thus supplied, it is great odds whether this Peece had rendered it self unto the hæzzard of acceptance or disgrace in so rude a manner; I should have added much more, but that the Epistle might have swelled into a volume, and therefore chose rather to divide what I had to have spoke to the particular rankes of men whom it most concernes, and so have distributed to each a portion as I conceived most suitable to work their spirits into a flexibleeness of practise and acceptance, which if they set unto experimenting, I hope they will raise such fruit thereby, as to witness to, or be Credentialls of my Frontispeece. Although I indeavour so mainly to work my Improvements out of the Belly of the Earth, yet am I neither of the Diggers mind, nor shall I imitate their practice, for though the poor are or ought to have advantage upon the Commons, yet I question whether they as a society gathered together from all parts of the Nation could claim a right to any particular Common: And for their practice, if there be not thousands of places more capable of Improvement than theirs, and that by many easier waies, and to far greater advantages, I will lay down the Bucklers: Nor shal I countenance the Level principles of Parity or Equality, which they seem to urge from the begining, till I see the heads of Families and Tribes, Judges and Governors, Lords and Princes of whole Countries, blotted out of the first or succeeding generation; unless they bring us to the new
Jerusalem
, or bring it down to us, when we shall not need to trouble our selves about greater or lesser, or any distinction of person, places, or estates, any more, but this Parity is all I endeavour, to make the poor rich, and the rich richer, and all to live of the labour of their own hands. And thus clearly demonstrating what I have premised, I hold my self disobliged in all my promises, except in this which will be fitter to be presented in a Volume of it self, after some good proof given to the world of thy industry in improving thy
lands
, viz. Some speciall directions when thy Lands are improved, how to use them or stock them to the best advantage of the Common-wealth and thy profit, and therein shall indeavour these five or six particulars, First to hold forth the best way or meanes of breeding or rearing all sorts of cattle, sheep, beasts, or Horse. Secondly, to shew the way of Cow-keeping, Dayrying, or raising most Cheese and Butter. And thirdly the waies of Grazing and feeding all sorts of Cattell; All which are three staple Advantages of the Nation, and will hold hands with Tillage, Corning, Trade, and Merchandize; and shall add, Fourthly how to raise a great advantage out of Goates and Conneys, for your harder stocking Lands, and some two or three more particulars, that thou maiest not be wanting in the usage of thy land as well as in the Improvement of it, and it shall strive excedingly to dismystery them all; and in the fift and last place shall proportion all with the most suitableness I can to those severall lands by which they may advance the highest profit and greatest increase, and all as largely and plainly discovered, as I am able. By a wellwisher
Of prosperity to each self, which is
the Common Wealth,
Whose faithfull servant is
Walter Blith.
To the Honorable the Souldiery of these Nations of
England, Scotland, & Ireland
.
Gent. Commanders or Souldiers
.
IT may be thought strange to direct an Epistle of this nature to you, as conceived by most, least capable of being Instrumentall of advancing the common good in this nature; yet knowing strange things are wrought by contraries, and finding the best husbands (through my observance) among those who have been least conversant therein, have not the least hopes of you; yet from a Principle of charity too, lest that your learning your fingers to fight, and discontinuance of your callings, might disuse your bodies and minds so from labour, as to discourage you from your callings, have thought fit to let you know, You also may be very capable to doe good service to your present Generation in this design: And though many say you are more likely to lengthen out the War to prevent
Improvements
, I am of better hope, and sure, that the Armies late progresses have manifested the contrary, yet I shall humbly take the boldness to press your speeding as full an end thereto as you are able, both for your own good, and these Reasons. 1 Because of the gooness and welcomness of a Calm after a Storm, no less will be a setled Peace after so great a War, and a little breathing will recover strength and spirits.
2 Because you need not fear want of good Imployment afterward: This piece will open many doores for that, and I am confident Activity and Ingenuity will much inlarge our Quarters, and make this Nation
Rehoboth
, and with good husbandry indeed would more comfortably maintain hundreds of thousands more than are allready born, and I hope you will learn to hate
Idleness
wholly, as love
Liberty
dearly.
3 And lastly, because your selves are interested and possessed of many lands, and those such too as will admit of great
Improvement
with wise management, and some of them as great as by this discourse is here proposed; and though you may conceive your late lands designed for your pay were highly surveied, and to all advantages to raise them, yet those advantages of Improvement were not to be considered, nor indeed could be discovered by them which understood them not; nor was any of them purchased at any other rate than the present value to be then set and let to present Tenants; which Lands are as full of vast Improvements as any lands in
England
: for all which causes I need press no more, but in the honour I bear to a Souldiers name, which God himself hath honoured by stiling himself a Man of War, although I take no pleasure in War, o therwise than in submission to Gods will, and the accomplishment thereof, which is not to be resisted or repined at for the satisfaction of our inclination to ease, peace, or rest; upon this account or any other, I beseech you (so long as necessities command you to it) to preserve alway a good Conscience within; for although hopes of Victory without may carry man through great hardships, yet your peace with God reaches up to heaven, and cannot be scaled with Ladders, nor undermined with batteries, being founded upon a Rock, nor starved with famine, a good Conscience being a continuall Feast. Mr.
Fuller
in his holy War gives this description of a good souldier, That he that is most couragious in War, is quiet and painfull in Peace, and comfortably betakes himself to his calling: The wielding of the sword hath not made his Spirit unwieldy for his private Calling. And I having this opportunity to distribute this mean peece
into
the World, thought good to offer a Portion amongst you the Honourable Souldiery, as for Edification how you may turn Improvers too, also humbly to desire your assistance in the work so far as in you lieth, to remove some grievances and Impediments of the Common-wealths advantage, largely discovered in the other Epistles, which brevity causes me to omit, and so no more but humbly pray you study how to serve your present generation in extolling Gods glory, endeavouring the common-good, and in the interim abandon privacy of spirit. Remember Christs Counsell, view the promised Land, and rejoyce to think of that day when your swords shall be turned into Ploughshares, your speares into pruning hooks, and Christ only be exalted in the Earth, and you brought back again to sit under your own vines and figtrees, eating the of fruit your own labours, and enjoy one another in Peace; which once accomplished, here is cut out work for you, some to till the Land, and others to feed the Cattell, as from the beginning, so will this be the lasting
Improvement
. Then will the God of Peace keep them in perfect Peace, whose minds are stayed on him, And
Emanuell
will break in pieces all that gather against him, which is the Confidence and full Expectance of
Your quondam brother, fellow Souldier, and very Servant
Walter Blith
.
To the Book
GO tell the World of Wealth that's got with ease,
Of certain profit (gain most men doth please)
Of Lands Improvement to a treble worth,
A Five, a tenfold Plenty's here held forth;
The greedy Land-Lord may himself suffise,
The toyling tenant to estate may rise,
The poor may be enricht,
England
supplyid
For twice so many people to provide;
Though this a Paradox may seem to you,
Experience and Reason proves it true;
By floating dry, and purging Boggy Land,
The Plough old Pasture betters to your hand;
Directions to Inclose, to all mens gain,
Minerals found out, Land rich'd with little pain;
Woods ordred so, in few years yeeld such store,
So large, so good as you'l desire no more.
In fine, all Land in each Capacity,
In which it lies, made Pleasant to your eye.
P.W.
To the Author
.
THe way is new my friend thou seem'st to go;
We should incourage Art; But thou must know
Thoul't meet With Criticks, and backbiting foes;
Bad men the best of Works will still oppose:
If but what only pleaseth all mens sight
Should come abroad, no Work should come to light;
Good
is made better by Community,
It's Publique good to quicken industry:
Thou'st spent thy time, thy Paines with great Expence
On Countries Good, for love not Recompence;
Let
others read
, I'le labour what I can
To imitate this Compleat Husbandman.
A true Friend to thee, as thou to all
,
P.W.
To Captain
W. Blith
upon his Improved Improver.
FEw, upon search amongst the multitude
Of human race appear, who are endu'd
With such a noble Genius, as by art
Can heighten Nature, Fewer this impart:
For 'tis an Axiom unto most unknown,
That that's the best of good which most is shown;
Unless
some Patents for the same requite
With
publique
recompence their private mite.
How then ought all to Count this Author rare!
Who by experience and observant care,
Knows how to husband grounds to their best use,
And doth to publique light what's known produce!
Who clearly aims in what he doth unfold
At Common good still adding new to old.
He gave us heretofore to understand
The Art of floating and of Watering Land,
Taught us how Fens and Bogs we ought to drain,
How each one might by fair Enclosure gain,
How antient Pasture might by tillage mend,
Till'd ground by Grazing to improvement tend;
What soyl and compost for each ground is good.
And what waies further best the growth of Wood.
To these this third Edition doth discover
The most approved means to husband Claver,
The art of planting Liquorish descries,
Of
Madder
, Woad, and Weld for richer dies:
The Planting Cole-seed, Flax and Hemp's declar'd
And how the Ploughs expences may be spar'd.
How of especiall use ground may be made
For Gardens and for Orchards, is displaid
Which this Survey of husbandry discovers
At easie Rates but not without endeavours;
Improveth Land, to three or five Degrees,
Held forth most plain, not kept within skies;
But casts it all in such a curious mould
To raise from one to ten, yea Twentyfold:
Lastly the Souldier doth example yield,
How he should till as well as fight the field,
How swords should turn to plough-shares, when warres cease,
And what imployment suits with times of peace.
Thine upon the publique score
T.C.
To the Husbandman, Farmer, or Tenant
.
TO you of all others I might spare
this
paines, you the very practitioners, you that trade in Husbandry, of some of you I have high things to report, both for your industry and activity; and though I am confident all men are thirsty enough after profit and increase, yet few studiously industrious in this design; though some esteem it matter of greatest moment, yet you will not all be found patronizers hereof; there is such a scandall and prejudice among many of you against new projections, that I shall beseech you to take a loving admonition in two or three particulars, The first is an Epidemicall disease (and little less are the succeeding) and it is a great mischief to your selves and the Common-wealth, and that is such an immoderate plowing your land; some plow far more than they can Til or Manure, and others all they have in common, though never so much, others plowing so oft and low, that they draw out the marrow of it, and these are the great Improverishers of your gallant old pasture, though fit enough to plow, & might be best advanced thereby with moderation; but into both these extremes men are so apt to run so fast, that I desire to stop their course a little, and shall make bold to tell them, that when half or one third part of so much land as many of you Till, shall with that very soyl, and half the labour and seed saved, yeeld you as much corn as all that great quantity scramblingly husbanded, that then you are ill husbands; which you wil confess if that you wil but grant me that which no man wil deny, that one Acre purely husbandryed (and what need any be otherwise, or any break up more than he is able well to compass) will be as good as two or three in many mens ordinary practise, but in some of your whole-sale husbandmen that plow all before them, four or five Acres will not ballance one purely husbanded, then judge so much land preserved from impoverishment, so much seed and cost preserved, and yet as great increase, whether the opposite actors be not enemies to themselves, families and Common-wealth. The second abuse is want of good tillage, wee lose our hopes excedingly by this; and herein we must both have respect to season, land, and corn; for good seasons at all times cannot be expected, yet of two evills chuse the least. I am confident better sometimes lose the land, than land, seed, and all your labour, as many do that outslip the season: but for prevention, begin earlier; I am confident though it may admit of some inconveniencies sometimes, yet at other times is out of question, but generally both Summer and Winter seedtime carries it away, sure it hath these advantages, that if it prosper not, you may sow it again, or if the latter part of seed time at Michaelmas time prove wet, you are well, having sowed before, or the latter part of seed-time in the Spring prove dry, as most oft it doth, you have prevented that, and what is the great danger of growing proud in Winter, that is to mee a vertue, and if in the Spring, it is easily taken down also; and if thou fearest weeds, I am of opinion that the stronger and thicker any corn is, it preserves it self the best from weeds; but there is a Medium in all things, too thick sowing may be as bad, but this ever observe, that the earlier thou sowest, the thinner thou maiest sow thy winter corn, and summer too, if the season be good, and land dry and sound: And secondly, to your land you must have respect too, Land in good tilth, in good heart and sound, in a good season, will out-cast its very marrow, through the Lords blessing expect fruit enough: Men much wrong their corn in not giving their Lands sufficient workmanship, I am not pre cise in the number of Plowing nor Harrowing, but just so much and no more than preserves the Land from weedes, and best brings the land into such a composition that your land mould well. I shall not justify the old Proverb, here, No balkes no corn, I say not balkes, all corn, even cleanly plowing is most commendable and most profitable; to some grain more tilage, to some less is required, yet to none no less than may both cover well and yield good bottome and rooting to the Corn. And thirdly for your Corn, some graines require more tillage, others less; some will better bear a drier season, some a wetter; some grain more subject to one weed than to another, some grain will do best with two summers, and others with one: In all which consider and advise thy self as much as thou canst of the nature of them all, and make out what experiences thou canst thy self, and somewhat incline to the most ingenuous usage and custome of thy Country. In some cases a good custome is instructive; but I'll be brief here, that I may be a little larger elsewhere following. The fourth and last abuse is a calumniating and depraving every new Invention; of this most culpable are your mouldy old leavened husbandmen, who themselves and their forefathers have been accustomed to such a course of husbandry as they will practise, and no other, their resolution is so fixed, no issues or events whatsoever shall change them, if their neighbour hath as much corn of one Acre as they of two upon the same land, or if another plow the same land for strength and nature, with two horses and one man, as well as he, and have as good corn, as he hath been used with four horse and two men, yet so he will continue: Or if an Improvement be discovered to him and all his neighbours, hee'l oppose it and degrade it; What forsooth saith he, who taught you more wit than your forefathers, would they have neglected so great advantage if there had been any? they kept good hospitality, and made shift to breed up many children, &c. and I know not what simple chaff to blind themselves; this proud unteachable spirit an ingenious man abhorrs, which banes and poysons the very plenty of our Nation. These prejudices both upon your minds and practises which boult you out from wealth and glory, my dear friends and fellow husbandmen, I pray you lay aside, and doe but in charity walk with me a little through this discourse, and I shall hope to satisfy that there is no other end but common good proposed, The poor, thy posterity, and all Interest advantage here intended by him that is as studious of thine, the Common wealths Improvement, as his own.
W.B.
AN EXPEDIENT For Taking away all IMPOSITIONS,
AND
For Raising a
REVENUE
without TAXES.
by erecting Banks thro Proposals for the Benefit of Trade
HUMBLY PRESENTED
His most Excellent
Majesty
King Charles the II. By
Francis Cradocke
Merchant.
LONDON
, Printed for
Henry Seile
, Stationer to the Kings most Excellent Majesty. 1660.
May it please Your most Excellent Majesty
:
HOw unfit and unworthy a choice I have made of my self, to appear in a work of this nature, mine own Reason, though exceeding weak, hath sufficiently resolved me: And notwithstanding Opinion better than Truth can travel the world without a Pasport, where there are as many internal forms of Minds, as external figures of Men; yet my hopes are, that by publishing the honour done by
Your Royal
Perusal to the Manuscript, before it saw the Presse, and recommending the same to
Your Majesties
most honourable Privy Council, this may obtain the favour of their Debate, and receive the better common acceptation.
I have had it under my consideration about four years, (and thought it a jewel un fit to cast before such Governours:) What esteem it will receive by others I cannot promise to my self, my ambition in it is to serve my Sovereign Lord and Countrey, whereunto I am more obliged than many others, in that
Your Majesty
hath dealt so bountifully by,
Dread Sovereign, Your Majesties Most thankful Subject and Servant,
Fran. Cradocke
.
AN EXPEDIENT For taking away all Impositions, and raising a Revenue without TAXES, By Erecting Bankes for the Encouragement of TRADE.
I Expect so little credit will be given the Title, that, should I be large on the Subject, I question whether it would be esteemed worth perusal: And having propounded so great advantage by erecting Banks, I conceive it proper first to give You some hints of the nature of them.
A Banke is a certain number of sufficient men of Credit and Estates joyned together in a stock, as it were for keeping several mens Cash in one Treasury, and letting out imaginary money at Interest, for 3. or more in the hundred
per annum
, to Trades-men or others, that agree with them for the same, and making payment thereof by Assignation, passing each mans Accompt from one to another, yet paying little money: Insomuch, that if a Merchant or other person want money, if he hath or can procure credit in Banke, he may make as good payment by Assignment in Banke without it: As for Example, the said Merchant buyes Cloth of a Clothier for 100
l.
value more or less, and goes with him to the Banke, where he is Debtor for so much as he takes up, and the Clothier is made Creditor for so much as he sold his Goods for to the said Merchant: Then such Clothier having occasion to pay money to a Stapler or Wool-monger for wool bought, the said Clothier is made Debitor, and the Wool-monger Creditor upon account, the said Wool-monger buyes wool from a Countrey Farmer, for so much money more or less, so the Wool-monger is made Debtor and the Farmer Creditor; the Farmer must pay Rent to his Landlord, and is likewise made Debtor and his Landlord Creditor; the said Landlord for his occasions buyes goods of a Mercer, Grocer, Vintner, or the like, or from all, then he is made Debtor, and such Mercer or other Trades-man Creditor; then peradventure such Mercer or other Trades-man buyes goods from the same Merchant that took up the first credit in Banke, and stands yet Debtor there, but upon sale of his goods to the Mercer or other Trades-man, both clears their accounts in Banke. And so in all Trades, as occasion presents.
These Bankes in the several parts of
Europe
where erected, being so held by Merchants and others, joyned together in a stock, and credited by the monies brought in thereunto (which money for the most part there remaining, and payments being made upon the credit thereof by assignment in Banke as aforesaid) might as well be done here onely upon the credits of Landed men, whereof they have few in
Holland
, and in other parts, lying convenient for Trade; where Land is, the Owners thereof are seldome found to be Merchants: So that
England
(if but sensible of it) hath an advantage of all parts in the world, as lying in the centre of the Trade of
Europe
, enjoying safe and commodious Harbours, wanting few necessaries, no Lands nor persons naturally inclined to Trade, if not discouraged by great Customes, Excise, and the abuses in Collecting it, and by the want of stock, or a supply thereof at reasonable Interest.
To free
England
of these inconveniencies, and supply it with a stock for Trade, as great as shall be requisite, without bringing in more
Bullion
, it may be done three manner of wayes, never yet practised in
Europe
, and the whole profits thereof (which will be considerable) be also converted to His Majesties Revenue for defraying the publique charge of his Kingdom, in case His Majesty and Parliament shall think fit to erect either of these following kind of Bankes, for the accommodation of Trade, in the most proper places of
England
; assigning to each a proportionable division of the Countrey adjoyning, where all mens Estates in lands, houses or rents, either for Lease of years, Lives or in Fee, may be registred; as also all morgages, claims or other interests pretended thereunto, with morgages or purchases at any time to be made thereupon.
This may be done, so as all fraudulent Conveyances may be prevented, and yet no mans Estate be discovered more than at present: For if the propriety be found to be in
A
by the Register, its no matter though
B
be the true proprietor, for then
A
can wrong none but
B
, who hath intrusted him; or if
B
be doubtful to trust
A
, and yet desire to conceal his Estate, which he cannot well do without him,
B
himself may own the Estate, and allow
A
to enter a Morgage to (or near) the value, and take his defeizance for the same: so that in this case
A
cannot cheat
B
if he would, nor either of them any other, though both should combine therein.
That the said places for Bankes being established, Estates registred, and a Survey taken of such Estates, whereby the value may not be entred above its real worth. Any persons may be admitted to have credit in Banke, for any summe safely to be lent under the value of his Estate, without other security or ceremony of Conveyances, than the hand and consent of such person as is the proprietor, he paying Interest for the same at 4.
per cent.
per ann.
quarterly into the said Office.
This Survey may be taken by a Jury in every Parish, and delivered to the Sheriff of the County, or at the Banke upon Oath, and will be done with a small charge to His Majesty, and in little time.
First then, to effect the end aforesaid, it may be done without money, by a Law enjoyning all payments to be made in Banke of any summe above 20
l.
sterling, for all lands, goods and merchandizes sold whatsoever, which is done voluntary in other parts, where Bankes are erected by almost all persons, who find both ease and accommodation thereby, and the Bankes here (like those in forreign parts) will be and serve as a general or National Cashkeeper of all mens moneys and accounts, transferring them from one person and Countrey to another with much facility, not onely preventing the danger of Robbery, but the trouble of counting, and loss in receiving clipt and bad money, which is the cause that payments made in Banke are generally esteemed better than
in specie
by ten shillings in an hun dred pound; which would have the like esteem in
England
, were Bankes once erected.
At first erecting Bankes in Holland, all local payments were enjoyned to be made in this manner, but the ease and accommodation being found thereby, it became a most voluntary act, as it doth at this day continue, to the great enriching that Countrey.
The second Expedient is, without any Imposition, leaving all persons free to take or make payment, either in Banke, or by money
in specie
; which will, I presume, bring in the same advantage to His Majesties Revenue; but not properly be erected without two millions of money; but if once setled would out of the same produce a million
per annum
profit, and stand alwayes as a constant increasing Revenue: For, by computation there is yearly paid in
England
for Interest Bottomree, and other kinds of Usury, two millions; for which should all Usurers call in their principal, it would amount unto thirty five millions; when there hath been but twenty two millions coyned in
England
in and since the Reign of King
Edward
the Sixt, both in Gold and Silver, which, I presume, is at least one half exported, whorded up, or melted down; and allowing the Usurous propriety to be the moyetie in all Coyn passing from one hand to another, it must necessarily follow, that all the said great Revenue is brought into them by five millions and an half real sterling money; which is no Paradox, considering that all monies, though passing but through the hands of Usurers, doth yield to each of them the full yearly Interest; which may be done for one and the same summe of monies ten times in twelve moneths; moreover by the money brought into Banke, (which under the setled Government of so hopeful a Prince will be undoubtedly most that shall be imployed in Trade) why may not His Majesty make a profit thereof as well as the States of
Holland
, which doth let out the same at Interest, as they have done great summes in
England
, and yet support a much greater Bank without Land upon their credits onely, it being generally conceived that they have not at any time in ready Cash the tenth part of what the Banke stands Debtor for to private persons, although they abound in money for want of Land to purchase.
The two Millions herein mentioned, is intended for the payment of all such as desire their money out of Banke, for its presum'd such there will be, and such a Banke as this must have money alwayes ready; for the being punctual in payment will so credit the Banke, that most will keep their Cash therein for their own advantage.
The third is such a Bank as may conveniently be erected both of money and credit with a less summe, setting Interest at such differing rates, as in time may invite all men to esteem credit as good as money, which is accounted better in forreign parts, as in truth it is, though seemingly otherwise; which disparity will be at all times reconciled by an Exchange or kind of Brokerage, like that of Plate and Black-money, where currant; which several kinds of Bankes having no President, I shall not presume to prefer either as most proper, but submit them all with confidence, that the worst of them will prove of great use and advantage to
England
, if once erected.
In this way the Banke will not be prejudiced for want of money, but be supplied with Bills, which may by a Sovereign stamp be allowed to pass in a City or County instead of money, and be returned within a year, so that by setting a lower Interest thereon, will cause it to be equal in esteem with real money.
That all Merchants that have no Estates real in Lands or Leases as aforesaid, may also have credit in Banke, upon depositing any Goods (not perishable) of an equivalent value in his Majesties Ware-house, in every Port or other place where such Bank shall be erected; and that any person having monies in Cash or in Bank in one place, desiring to have it transferred for his accommodation, and to have it again either in Cash or in Banke in another, may be accommodated, allowing onely 10
s.
for every hundred pounds so exchanged or remitted.
That every the aforesaid Bankes may furnish another petty Banke (or Mount) of Charity with a competent stock, to lend any summe under ten pounds upon Pawns at a reasonable Interest, for the accommodation of poor people and others desiring the same. And that the persons put in to govern in these Banks may have the management of all other publick receipts within their several districts, which will lessen the publick charge: And if such Banks are found to be advantageous, others may be also erected in
Scotland
and
Ireland
in like manner, for the accommodation of those there resident, as well as others living in
England
and trading thither.
The
foundation
of these Banks being Land, will be esteemed (as in truth they are) the most secure in
Europe
, for that every Creditor will be sure of land in case the Bank should fail of money, and neither His Majesty nor Officer will be intrusted, but the Estate of one man Debtor to another.
The advantages which either of these Bankes by an ingenious management will bring into his Majesties Revenue
.
By the help of these Banks his Majesty or Kingdom shall have credit at any time (wanting monies) either in
England
or in forreign parts, for a million, without engaging private persons for the same.
It will adde to the reputation and honour of this Kingdom, and render it more in esteem with forreign States and Princes, by so much as the Trade and wealth of
England
will thereby increase, and consequently the strength at Sea by the many ships which will be more imployed.
It will bring into his Majesties Revenue all the Interest money paid in
England
, and money paid on Bottomree to Scriveners and others, which at 6
per cent.
amounts unto by computation yearly two millions; and when to be had at 4
per cent.
will be one million three hundred and thirty thousand pounds
per ann.
It will also bring in a profit by the persons that now deal for time, who will then get credit in Banke, and pay ready money for their Commodities, which by computation are now bought upon credit to the value of five millions yearly, the Interest whereof at 4
per cent.
will amount unto two hundred thousand pounds
per ann.
Moreover, all Merchants that usually keep unvendible goods by them, as a dead stock upon their hands, will take up credit in Banke thereupon for continuing their Trade, of which goods there is by a like computation at all times remaining as a Drug on the hands of Merchants the value of four millions, which at 4
per cent.
is one hundred and sixty thousand pounds
per ann.
Also when there is a certain conveyance by Exchange of money (or by imaginary money) from one place to another at so easie a rate as 10
s.
for an hundred pounds, no person will then adventure to carry any summe considerable, though but a dayes journy, considering the having it in Banke will be esteemed worth so much in the hundred, the profit of which remittances cannot amount unto lesse yearly than thirty thousand pounds.
By the petty Bankes to be erected, when money will be had at easie rates, and without charge or trouble of Bonds and personal security, the numerous (though small summes) to be taken up, will, I presume, yeeld profit to Bank ten thousand pounds
per ann.
The Revenue estimated that this will bring in to His Majesties Revenue is one million seven hundred and thirty thousand pounds
per ann.
which will not cost in managing twenty thousand pound
per ann.
which is four times as much as is made of Customs and Excise of goods brought into and exported from
England
: Besides this Kingdom will so flourish under a free Trade, that it will soon become the Mart or Emporium of
Europe
for all forreign commerce. And this Revenue being supported by Trade, and a supporter of Trades will by an ingenious management accordingly be improved.
The benefit to the Subjects
.
By registering all Estates, every mans title will appear in reallity what it is, and many controversies and suits in Law be prevented.
It will very much advance the price of Land, and preserve many Families from being ruined by the extortion of Usurers, and yet make the Usurers gainers also.
The Nation may by degrees (as the Revenue doth increase) be eased of all Taxes, at least Excise may forthwith be taken away from all Forreign goods, and Custom also where its found a burthen on Trade, if this Revenue (or profit of these Bankes) doth amount unto but the one sixt part of the summe estimated; so that
England
will flourish under a free Trade, to the encouragement of Merchandizing, the building of Shipping, and support of Navigation.
By the benefits of Bankes most ingenious men will be furnished with stock to trade at small Interest, and honest and able men be supported in their credits.
It will make English Merchants capable to engross the commodities of another Countrey, and withhold it from others, as the Dutch do at present from us by the help of their Bankes.
It will procure English Merchants credit in foreign parts, or in forreign Bankes to buy any commodity there without money, as well or better than with money, and upon as good terms as the Hollander or any others.
By taking away the duties from forreign Goods brought into
England
, we may (by a prudent management) get the Duties taken off from
English
Manufactures in forreign parts, and by that means under-sell all others, which the Hollander will not be able to prevent nor obtain themselves.
It will in fine increase Trade, Trade will increase wealth, wealth and Trade will encourage our native manufacture, and all will imploy the poor, and I doubt not but in few years it will make
England
the Staple of Commerce, as
Holland
is at present.
I have not given so plain a demonstration, nor reasons on the particulars of either of these Banks, as the subject indeed more proper for debate, and sufficient for a large Volume, requires; neither have I spoken any thing in defence of the many Objections which may seem to arise and Eclipse the utility thereof, presuming that no rational person will prejudge therein, till I have had command to answer his Objections, which I doubt not but to be satisfactory in, humbly conceiving that what I have in short hinted at, will be understood and amplified by the more ingenuous: I shall therefore conclude it with saying, that were this manner of Banking practicable in
Holland
, or that if the Hollander were possessed of
England
, they would by this means soon become Masters of all the Trade in the World.
Other necessary heads to be considered for the encrease of Trade, and encouragement of Navigation
.
I presume, none will deny but that Trade ought to be considered, as well with respect had to publick as private interest; and therefore, I hope I shall be held excused for my Opinion, in holding that Forraigners ought to have the like priviledges with Natives, both Trading in English shipping, which I conceive to be the best Expedient to make the Exports of
England
, exceed the Imports, without which this Kingdom cannot be richer then it is, and since every particular will in some measure be concerned within the general good of Trade, I shall presume to hint how far, (and with what restraint) it ought to be encouraged: First, for Exportation of our native Commodities, such as Lead, Tin, Wax,
&c.
of little or no workmanship;
England
cannot be too liberal in, nor grant too many immunities and priviledges, (though to her very Enemies) that may encourage the sending out of all Manufactures perfectly wrought up and Fabricated: regard being had to Wools, Timber and Leather, which in no respects ought to be Exported.
Secondly, for Importing of forraign Goods, such as Linnen, Sugars, Raw-silk,
&c.
which we stand in need of. It ought not neither to be discouraged by Impositions, though otherwise it be proper, to lay convenient duties on such Commodities Imported, as obstruct the sale of our own Manufactures; whereby to hold a Ballance in Trade without prohibiting forraign Goods, which if we once do, other Nations will do the like by us; and so obstruct our Trade in General.
Thirdly, for Transportation of such forraign Commodities, as are first Imported, (if done in English shipping) it will prove a great help to the over-Ballance of Trade, and therefore ought to have the like due encouragement with a reasonable respect shewn to forraign Vessels, though not equal to our own.
In all which three respects,
England
might have advantage of all the World, and by industry (under good Lawes) soon become the Mart of
Europe
, by reason of its scituation surrounded by the Sea; the safeness of her harbours and superfluities of sundry Commodities which other Nations stand in need of, which would be the sooner effected, were these ten particulars observed, there being many others also worthy, which I omit at present.
1. By Imposing all duties to be paid alike, upon all Goods, by all persons, the difference to be only upon Commodities Imported or Exported in forraign Bottoms, (
viz.
) ships not built in
England
, and sailed by English Marriners.
2. By permitting all people of forraign Nations to Live, Purchase and Trade freely amongst us, whereby most of them will soon become profitable Natives, and bestow their wealth brought hither or here gotten, in Lands for their posterity; which the present Lawes of
England
compels them to Export, to the great inriching of forraign parts, and impoverishing of this Nation.
3. By using all waies of encouragement to advance the Fishing imployment, and His Majesties assuming His Prerogative of being Lord of the
Brittish
Ocean, which by the most ancient prescription ever belonged as Rightly due to the Kings of
England
; so that by prohibiting others to Fish on our Coast, and improving the same to this Nation, it will soon become of more worth to
England
, then the
West Indies
are to the Kingdom of
Spain
.
4. By encouraging new Manufactures and profitable inventions with due rewards and priviledges, which will bring artificers from forraign parts, and in time (by industry) make all Arts common amongst us; wherein we come much short of other Countries, to the disadvantage of our own.
5. By erecting a standing Committee of Trade, whose correspondencie should reach over all Trading parts of the World; the effect whereof will not only inable them the better to contain the improvement of Trade here: but also to prevent many inconveniences that have late fallen on
England
by the undermining actings of forraign Nations, who have robbed us both of our Money and Trade, for want of a timely remedy.
6. By Constituting a Court of Merchants, where all Merchants and Merchant-like causes and differences may be Summarily decided.
7. By using meanes to encrease the general stock of
England
, either in raising the value of money for incouraging it to be Imported, (which I will not much commend) but rather do incourage the supplying it imaginary upon the Credit of Lands, to passe in payment by assignment in Bank as aforesaid, one of which is absolutely necessary in order to the increase of Trade in this Kingdom.
8. By taking away Excise from all Imported Goods, or at least forthwith to produce the same under the management of the customs (whereby to take off the superfluous number of officers,) it being but a small advance to the revenue, and an intollerable burthen on Trade, in the way its now managed.
9. By lightning the duty of customs, especially on Goods Exported and Manufactured here in
England
, and so regulating the Book of Rates made for payment thereof; that in few or no particulars the Rates exceed what is paid for the like Commodities in
Holland
.
10. By granting a free Transportation of forragin Commodities with little or no customs detained for the same, whereby Goods here Imported may go out without being loaded with impositions, and find a market in forraign parts to the same advantage, which will make
England
the Magazen or store-house of
Europe
.
Each of these ten particulars deserves to be more amply set forth, but I have been short in this as in the former, submitting it also to the ingenious Reader to Paraphrase thereon, taking only to set forth how much the putting them in use will decrease the Revenue.
There being nothing in this whole discourse that reflects on the Revenue, but the taking away Excise from forraign Goods usually amounting to 175000l.
per annum
, and the granting a free Transportation thereof, 19000l.
per annum
, which is in all 194000l.
per annum
, which doth cost in managing 35000l.
per annum
, so the real decrease is but 159000l. yearly, which I am bold to affirm puts the whole Nation to as much Charge, by the trouble and other inconveniences of keeping a greater number of servants to attend the several Offices; the fetching of Tickets, and the interruption of the (too many) Excise Officers in the improper manner its now collected, which summe so expended would be otherwise imployed in Trade; and His Majesty, I presume, might have as much advantage by a reasonable Custom out of the returns made thereof, which would be then really paid, for that none will hazard their Goods, but all make due entries; so that the continuing those Duties fills the Chests in the Exchequer, as water doth a vessel, being poured in at the Specket whilst it runs out at the Bung.
Postscript
.
I Have late published some few lines, touching regulating the Custom and Excise, wherein I did set forth that two hundred thousand pounds
per annum
, hath for many yeares been visibly lost for want of a better method in the collecting thereof: I presume to say, I can give a plain demonstration wherein its lost, and how it may be remedied. It is also proper for the consideration of His Majesties most Honourable Privy Counsel, unto whom I most humbly submit, &c.
FINIS.
AN ANSWER TO TWO LETTERS, CONCERNING THE EAST-INDIA COMPANY.
Printed in the Year 1676.
SIR
,
IN your last, I received two Letters in Print, Concerning the
East-IndiaCompany
; which, considering that you have been acquainted, how great a part of my Estate is entrusted to that
Society
, I cannot but take it as a Friendly Advertisement; for which, be pleased to accept my Hearty Thanks. And I assure you, whatever my Sentiments are of the affair, I do and shall own it for an evident Demonstration of your Affection, that in the midst of your great Affairs, you should be so mindfull of my Concerns.
I have perused the said Letters, and can see no reason to believe that such Discourses should be published by any person whose Estate was entrusted to the said
Company
; or that had any real desire of receiving or giving satisfaction concerning the security of Money lent to them. No
Creditor
can be supposed to act so contrary to his own interest, as to make it his endeavour to weaken or lessen his security, by Exposing and Ruining his
Debtors Credit
; or teaching him a way to defraud himself, which is the Language of those Papers. It must therefore be some other Person then a
Creditor
, and some other Design than a doubt about
Security
, that occasioned the Publishing these Letters. There hath been a report that the
Dutch
had in Design to propose at the
Treaty
at
Nimegen
, a Restraint of the Importation of
Callico
into
Europe
, because it hinders the consumption of
French, Holland, Flanders
, and
German Linnens
: And lately some here did Decry the
East-India-Company
and Trade, because
Callico
(as they said) hindred the vent of
Fustians
and some other Native Manufactures. These corresponding so exactly, give ground to think they proceed from the same Councell, and the
Authour
of these Letters may be of that
Caball
.
He first endeavours to destroy the
Credit
of the
Company
, by telling us,
That their Seal is less security, than the word of any one sufficient man among them; for that not any one of the Companies Persons or Estates
, (he meanes beside what is in the joynt stock of the Company)
whether Real or Personal is thereby bound
, neither
can any of them be arrested or impleaded by virtue thereof
, Who is there so ignorant, but knowes this? though the
Gentleman
supposeth all are such Fools, that have lent money to the Company, that they were
like fish drawn into the Net, by vainly imagining that every member in the Company in his Particular and Private capacity was bound to answer for the same
. I dare say not one of forty that have lent money to the
Company
thought so. I have heard indeed of one that had a considerable summe there, who upon the advice of some
Councel
of this
Gentlemans
Capacity, demanded his money, which being presently paid him by the
East-India-Company
, he lodged it in
Lombardstreet
, where it lyes (and is like to ly) till the opening of the Exchequer. I suppose he rendered the
Gentleman
no thanks for his advice, nor accounts himself the wiser man for following it. If it be seriously considered, on what grounds, persons have chosen to put their money into the
East-India-Companies
hands, rather than to entrust it elsewhere; it will appear they were no such Fools, as they are character'd for, nor the Security so slight, as the
Gentleman
would have us believe it to be.
The
Gentleman preferrs a sufficient mans word
, (I will suppose his bond which is more valid, in regard of the uncertainty of life.) It's difficult to know who is
sufficient
; all is not Gold that glisters, nor every man
sufficient
that is thought so. If he be
sufficient
when you lend the money, who can assure himself, he will Continue either
sufficient
, or
honest
. Men are changeable, and their Estates subject to accidents. Doth not experience evidence, that losses at sea, losses by fire, losses by bad debts, and other Casualties, have rendred
Persons
insolvent, that had great
Estates
and
Credit
, as also that sometimes
Persons
have purchased lands in their
Childrens
names, and otherwise so conveyed away their
Estates
, that their
Creditors
could never reach them; and if they seize their Persons they can live in the
Rules
, and laugh at their
Creditors
. As for lending money on
Mortgages
and
real security
, which is esteemed the best
security
; Is it not very troublesome to attend on
Councell
, to examine
Titles
, to make
Conveyances
? And when all is done with the greatest advice and circumspection; is it not very hazardous, in regard of bad
Titles, Dormant Conveyances
, and
Precontracts
? can the most eminent and subtile
Lawyers
secure themselves? have not some of them been over-reached? And sometimes when the security is good as to the main; yet what difficulty, trouble, and vexation is there to arrive at satisfaction, by attending long
Sutes
in
Chancery
, accounting for profits, The
Creditor
being oftentimes made the Debtors steward, and that without Salary or Compensation for his pains. And on such
Securities
who can depend on his money to answer his Occasions.
If he have a
Daughter
to
Marry
, a Son to preferre in
Trade
, or a
Purchase
to make, all his designs are frustrated, His money being (if not in Hell unretreivable, yet) in
Purgatory
, whence it cannot be delivered but in a long Tract of time, and that by patient undergoing the smarting Torment of Tedious and Chargeable Sutes. It must be acknowledged, that there is no absolute certainty or assurance of any thing in this World; and whoever believes otherwise, is gone beyond the bounds of
Reason
and
Religion
; and fit only to reside in the new
Palace
in
Moorfields
. All that can be desired in the putting out of money, is to have a visible
fond
engaged, that is
morally
(not only at the time of lending) most sufficient to secure it, but also in probability most likely to continue so, and to answer the Occasions of the Lender.
1. Then, They that lend Money to the
East India-Company
, on their
Common Seal
, have a visible
fond
engaged that is sufficient to secure the same. Though the
Members
of the
Company
are neither responsible in their Persons, nor private Estates for what is taken up thereupon, yet all the Moneys, Goods, and Effects belonging to the
Joynt stock
of the
Company
are engaged, as the Gentleman himself is necessitated to acknowledge. His insinuations concerning the case of the
Merchant-Adventurers
, and
Grocers Company
, are not to the purpose; those
Companies
never had any
Joint-stock
, as a visible
fund
to secure what they borrowed, but were trusted upon their bare Reputation and Credit. It is farre otherwise here. Suppose there hath been lent to the
East-India-Company
5 or 600 thousand pound, the Lenders either do or might know, that there is in the
Joint-stock
of the said Company in real value upwards of 900 thousand pound, (I may say a
Million
of pounds
sterling
) besides their dead stock, which is also considerable. All which, being together a
Million
and
Half
of
pounds sterling
, stands by their
Common Seal
bound and engaged to pay their
Creditors
. The
Gentleman
doth Ignorantly, if not Malitiously assert, pag. 4. That the
East-India-Company trades wholly with their Creditors Money, and that it's seldome that they have above 600 thousand pounds in value in their India Factories, and on the Seas at the same time
. To demonstrate the falsity of which, take but an account of what they sent out this last year, and it will be found to be upwards of 450 thousand pounds: And to that adde the value of the 3
Ships
already arrived this year from
Bantam
; and the 5
Ships
from
Surrat
; with the other 6 or 7
Ships
expected from the
Coast Surrat
and
Bantam
, which will amount at least to 800
thousand pounds
(and as Sales may prove, to a great deal more) so that there appears to have been above 12
hundred thousand pounds value
on the Seas at one time, beside all the remains of Goods and Debts in
India
and in
England
. There being then such a
stock
, it cannot be denyed but that there is a visible and sufficient
fond
to secure the Creditors the Moneys that they have lent. But the
Gentleman
tells us,
pag.
4.
The Indians or Infidels may destroy their Factories, and Goods in India; their Ships and Cargo's may be lost or taken in Warr, or by Pirates, and the Company may make a Divident to secure their own Estates, and leave the Creditors to find a thing in the Clouds
. Therefore it will be necessary in the next place to evidence that the
joynt stock
of the
East-India-Company
is on Morall and Rational grounds, most likely to continue sufficient to secure the moneys lent thereupon. That which might render it insufficient according to the
Gentlemans
suggestions, is either losses arriving from Forreign accidents, or dishonest practices either by concealment, or by making dividents of the
stock
amongst the Members of the
Company
, without regard to the payment of the Debtors.
1. As to Casualties, whereby losses may happen to the stock; The Gentleman mentions a Concatenation of Evils,
Destruction
from the
Indians, Losses
by
Stormes
, by
War
and by
Pirates
. Should we wrack our fancies to find out, and then suffer our thoughts to dwell on the consideration of the accidents that may fall out in Humane affaires, we should never enjoy quiet in our Mindes; or else we should be deterred from resolving or setting upon any affair. For as the wise man tells us,
He that observes the Wind
shall
not Sow, and he that regardeth the Clouds shall not Reap
. It is sufficient, that we take the most probable ways of Security, and leave the rest to Divine Providence. Now if we consider the affaires of the
East-India-Company
without prejudice, we cannot but conclude that their
stock
of 1600
thousand pounds
, will always be sufficient to answer 600
thousand pounds
. For the whole at no time, is hazarded in one bottom, as it often falls out in private mens dealings; Some part is in
England
in Goods and Debts, some part in
India
in Trade and Voyages, and some part is at Sea, Going and Coming; not in one Ship but in 30 Ships or more, not in one Course or Voyage, but in several: So that though a loss should happen to some part, yet in the ordinary course of providence, there is Rational ground to believe there would be alwayes enough preserved to answer the Engagements.
2dly. As to dishonest practices, is it Rationally to be supposed that a Number of men can so easily engage in wicked and cheating actions? The
Government
of the
East-India stock
is committed to 26
Persons
, and no Affair can be Transacted without 13, so that if the Major part be Persons of Honesty and Conscience, you are secure; nothing can be done unworthily. Yea if there should be but one Honest man of 13, yet you are sure, seeing such an act of knavery, as would defraud the
Creditors
, would be detected. The
Gentleman
tell us, (
pag.
3.)
You may sue the Company on their common Seal, and have Execution against their Goods, but then asks where shall you find the Goods of the Company to pay
5s.
in the pound
: and withall addes,
That were there Goods of a greater value, the Company may divide them amongst themselves, and so the Creditors have never a penny, unless they can catch it in the
Indies.
Since the Establishment of the
East-India Company
in this present
joynt-stock
, which is now neer nineteen years, was ever any person that lent Money to the
Company
on their
common
Seal, forced to sue them? Have not all men been payd their Money readily whenever they demanded it?
How is it possible that the
Companyes
goods should be concealed, that must pass through so many hands, and are in such vast quantities, and of such sorts as may easily be distinguished from others? It hath been formerly a
Maxim
amongst the
Committee
of that
Company
(as I have heard) never to take up more money at Interest, than they had reall Effects in
England
, in Debts or Goods to satisfie. If for the last two years they have exceeded, to expatiate and extend the
Trade
for the Benefit of the
Kingdom
; It is however but for a very small time that it is otherwise, for at the arrival of their Ships from
India
in
June, July
, and
August
, they have constantly a vast Estate in
England
over and above what will answer all their Debts. And if there be not alwayes so much at the latter end of
March
, when their Ships are dispeeded for
India
; in a few months after, when the former years Ships return, there is an
abundant
Surplusage. So that if it should fall out (which never yet hath done, nor is it probable it should) that any person should sue the
Company
for Money lent them at Interest on their
common Seal
, and Execution against their Goods should be obtained, I say in such a Case every person concerned, might easily and without any difficulty find Effects in
England
, to discharge all he can claim or challenge, nor is he left to
find a thing in the Clouds, nor yet send to India to catch it
; which Expressions the
Gentleman
might well have spared.
That the
Company
should make a
Divident
among themselves of their Goods and Estate, to defraud their
Creditors
, is not onely very
uncharitably
, but also very
irrationally
suggested. No
Dividend
can be made but by the
Committee
which (as before noted) consists of 26
Persons
, and those (or at least most of them) of the best
Reputation
for
honesty
and
integrity
in the
City
of
London
, and can it be in Charity supposed, that they would joyn in such an Act? I am confident they do abominate the thoughts of it. Besides it is not in the power of the
Committee
, according to their Constitution, to make any
Dividend
in
Goods
. All
Dividends
are to be made in
Money
, and
Goods
are not to be sold by
private Contract
, but at a
publick Sale
. So that it is impossible, according to the pre sent
Rules
and constitution of the
Company
, that any
Dividend
can be made to the prejudice of the
Creditors
, but they must have sufficient notice thereof, and may secure themselves. But could it be imagined, that such
Dividends
might be made, and that the
Committee
should so far degenerate from all Principles of Honesty, yet notwithstanding what the
Gentleman
insinuates,
viz.
That this might be done so as to leave the
Creditor
remediless in
Law
, I cannot believe, but rather think, the
Gentleman
is mistaken, and that he hath not well studied or considered the Case.
N.
lends 1000
l.
to the
East-India Company
on their
common Seal
, on this ground, that there is at that time a joynt-stock of the Companyes, of the value of 900 thousand pounds to secure and answer his Debt; the
Committee
divide this
Stock
of 900 thousand pounds (after the lending of the Money) amongst themselves and other the Members of the Company: I now enquire, whether the
Committee
that made this
Divident
, be not in their own
Persons
and Estates obliged in Law or Equity to answer the Debt to
N.
For
N.
did not trust his Money on a vain Fancy, that the
individual Members
of the
Company
were in their private Capacities obliged to respond for his Money, but on this Foundation, That the
joint-stock
of the
Company
was to be his Security and
guarant
. This
joint-stock
was entrusted into the hands of the
Committee
to manage for the Benefit of the
Adventurers
, before they took up Money at Interest; but when they had taken up Money at Interest, then the
joynt-stock
is in the hands of the
Committee
in trust, in the first place to answer and satisfie the moneys taken up at Interest: So that now the
Committee
are
Trustees
for
N.
till his Debt be payd. If Losses and Accidents in the Course of Trade should render the Stock incapable to answer the money to
N.
he must be content to sit down by the loss; but if the Committee by any wilfull act of theirs dispose of the
Stock
, and convert it to their private use, before they have payd
N
, they are guilty of breach of trust, and thereby have rendred themselves answerable in their own
private capacities
to make satisfaction to
N.
This was the opinion of one of the most eminent and famous
Lawyers
of his time; (Serjeant
Glyn
;) and it seems so rational, that I am easily perswaded to believe it to be so. And were it but a doubtfull Case, would it not be a most imprudent act of the
Committee
, to divide the
Stock
among the
Members
of the
Company
, and expose themselves in their own
private capacities
and
Estates
to answer the
Creditors
, or at least to be liable to Suits and Molestations.
As to what the Gentleman observes, (
p.
4.)
That the King who im powered the Company to use a common Seal, thought it not sufficient security for his Customs
: But provided in their Patent that
they should give good and sufficient bond with surety for the payment thereof
. However, whether it be so, or no, in the Patent, I know not; But this I'm well assured of, that it serves little to the purpose he intends it; it being evident that those words were not inserted out of any doubt that either the
King
or his
Ministers
had of the
Companyes
security by their
commonSeal
, but put in as words of course, a form usual in such cases, for that the Kings Officers have never refused, but alwayes readily accepted the
Companyes
Obligation by their
common Seal
, for the payment of the
Customs
.
The
Gentleman
believes, as he tells us, (
pag.
5.) That
the Company had never been such Bankers, as to have deserved Court Letters about their Officers, if they had given Bond with Sureties for the Money they have borrowed
. (p. 2.) It seems what passed between the
Court
and the
Company
, was not such a
Noli me tangere
, but he would have one fling at it. To this he subjoyns a foolish insignificant pity, in reference to the
Lombard-street Bankers
, to which I say, that as I leave him to his own belief, so for his pity, I am sure I shall never need it, upon the account of lending my money to the
Company
. Nor did the
Gentlemans
Friend deserve a reproof, for not advising with him before he parted with his money to the Company, though he might have had it so unusually cheap. For he may (if he have not already) receive his money from the
Company
when he pleaseth: But when he hath so done, he will be at a loss to find where he may place it upon such rational grounds for security, it being evident by what hath been said, That there is such a visible
Fond
engaged by the Companyes Seal, that is not onely more sufficient at present, but also more likely to continue so, to answer the Occasions of the Lender, than is any where else at this time in
England
.
The
Gentleman
in the next place, that he may affectually carry on his Design, having insinuated
p.
5. That the
Company hath no firm legal Foundation, and so was in no probability of standing
, gives us a
Transcript
of some Clauses in the
Companies Charter
, and then takes the liberty to arraign the
Kings Grant
; Calls it a
Monopoly
, and
a Monopoly of Monopolies
; Quotes the
Statute
of 21
Jac. cap.
3. cites some
Law-cases
; talks of
Turkish
and
French Vassals
; tells us, that he wonders, yea
protests that he is astonished
, to think
how any durst draw such a patent
; To omit other expressions of the like, if not a worse complexion.
It would be improper for me, who you know am no Lawyer, to take upon me to answer these matters. The Gentleman is pleased to name Mr.
Solliciter
, and Mr.
Attorney General
, and they are able to do it to purpose. However I am perswaded,
notwithstanding
all the bluster and noise he makes, his zeal in the Design (rather than in his profession) hath carried him beyond his understanding, and that he is mistaken in the whole matter. He quotes the Statute of 21
Jac. c.
3. as the Devil doth Scripture by halfes; for in the said Statute it is thus expressed.
Provided also, and it is hereby further intended, declared, and enacted, that this Act, or any thing therein contained, shall not in any wise extend, or be prejudiciall to the City of
London,
or to any City, Burrough, or Town Corporate within this Realm, for or concerning any Grants, Charters, or Letters Patents, to them or any of them, made or granted, or for or concerning, any Custome or Customes, used by or within them or any of them, Or to any Corporations or Fellowships of any Art Occupation or Mystery, or to any Companies or Societies of Merchants within this Realm, Erected for the Maintenance, Enlargement, or Ordering of any Trade of Merchandise. But that the same Charters, Customes, Corporations, Companies, Fellowships and Societies, and their Liberties, Priviledges, Powers and Immunities, shall be, and continue of such Force and Effect, as they were before the making of the Act, and of none other, Any thing before in this Act contained to the contrary in any wise notwithstanding
.
At the time of the making that
Act
, the
East India-Company
was in being, by virtue of a
Charter
granted to them by King
James
not much differing from the present
Patent
(as I am informed,) And by the abovesaid
proviso
, the Parliament did Confirme and Allow, rather than Censure the same.
The
Gentleman
gives us a Definition of a
Monopoly
, and then tells us (
pag.
6.)
the Statute provides that all Persons, Bodies Politick and Corporate, which then were or thence after should be, should stand, and be disabled, to have use, or exercise, or put in use any such Monopolies
. The word
such
, is not in the
Statute
in that place; and if we take the subsequent words in that Statute, to Define or Explain what a
Monopoly
is; It refers only to matters within the
Realm
, which will not concern the present case. But suppose the Definition the
Gentleman
gives of a
Monopoly
were as he expresseth it (by the Law-books) to be
an institution or Allowance, by the King, by his Grant, Commission or otherwise, to any Person, Body Politick or Corporate, of or for the only buying, selling, or using of any thing, whereby any Person or Persons are sought to be restrained of any Freedome or Liberty which they had before, or hindred in their lawfull Trade and Traffick
. May we not understand this to be within the
Kingdome
onely, for can any Subject of
England
lawfully Trade or Traffick with any
Forrein Nation
, without the allowance of the
King
, who hath the undoubted Prerogative of making War and Peace, upon which the same depends. I shall readily grant that as the
King
is Common Father of all his Subjects, so his Care and Protection of, and Provision for them, is in the General Equally and Indifferently to be extended. But in some Cases, and under some Circumstances, hath not his
Majesty
a Prerogative (nay, ought he not on the same right of Fatherhood) as to prefer the
General
Benefit, to that of
Particular
; so sometimes to extend speciall
Priviledges
and
Grants
to some
Particulars
for the
General Benefit
, though other particulars may seem to receive prejudice thereby? Is not this the case of most of the Corporations in
England
? which yet neither our
Barrister
nor any other will account
Monopolies
. And that this is also the case of the
East-India
Trade, will appear when it is considered, that this
Trade
is not to be managed and carried on for the
General Benefit
and Profit of the
Kingdom
, so well in any other way as by a
Company
in a
Joint-stock
.
Besides, if a
Monopoly be a restraining of Persons from the freedome or Liberty they had before
: I ask whether ever the People generally had the Freedome and Liberty of the
East-India Trade
? Except it was in the late unhappy times from 1653 to 1657? In which little time the Trade was almost totally ruined as to the Nation, The Experience whereof necessitated the then Powers, with the universall good liking and approbation of all persons, to resettle the Company.
Suppose a
Countrey
that was
undiscovered
, or a
Countrey
that for the
difficulty of passage
to it, or
chargeableness
and
hazard
of the
adventure
, no
had traded to formerly; and that some
English
men at their own
Hazard
and
Charges
should
discover
the
One, Purchase
land of the
Natives, Settle
a
Collony
, and
Establish
a
Trade
; and on the
Other
after great hazards and Adventures, with vast Charges and Expences, arrive to the knowledge of a profitable Trade, and by presents obtain Liberty of Trade from the
Prince
of such a
Countrey
, Peculiarly for Themselves and their Assigns: May not the
King
by his
Prerogative
Confirm those
Capitulations
, and grant the
Priviledge
of the Trade to the
Discoverers
and
Adventurers
, and their
Successors
, thereby to encourage others to the like Noble undertakings, for the Generall good of his Kingdome? How could such a
Grant
be within the Compass of a
Monopoly
, Since no
English
man was denied or debarred of any Liberty that he before exercised or enjoy'd? Is there any thing more reasonable, than that they who at a vast Charge, with great Hazard and Difficulty purchased a trade, should have the enjoyment of it?
Shall not he that planteth a Vineyard eat the fruit thereof
? And what can be more unjust than that another should come in and reap the fruits of my Atchievements, that was either idle, ignorant, or afraid; that knew not, would not, or durst not adventure to obtain the same? May there not be a right of
Propriety
in a
Trade
, as well as in
Lands
and
Houses
? This is the Case of the
East-India Company
in a great measure.
Further, Suppose there be a
known Trade
, that may be very
advantageous
to the
Kingdom
, and that for the
obtaining
and
settling
, and
carrying
on of which there is a necessity to be at a vast
Expence
, to settle and keep
Factories
and
Agents
in several places, and with several
Princes
, and on Occasion by
Warre
to
force
those
Princes
to perform their
Capitulations
, and to erect
Forts
and maintain
Garrisons
for security of the Trade, as also to
cope
with and prevent the designs of Enemies that would debarre the
English
of such a Trade; all which could not be done, but on a
publick Charge
of the
Nation
by some
General Tax
, or by some
United Body
of
Men
encouraged to undertake the same by
special Priviledges
and
Immunities
, granted to
them
and their
Successors
; Suppose I say in such a Case that the
King
, to compass the obtaining and carrying on of such a Trade for the
General
benefit of his
Kingdom
, without a
Tax
on his
People
, should
propose
to
give
and
grant
to all his
Subjects
, that would voluntarily unite their
Stocks
in such an Affair, certain
Priviledges
and
Immunities
, and amongst others the sole enjoyment of the Trade of such places to them and theirs, excluding all others that should refuse to joyn therein. On such an
Invitation
and Proposal freely
offered
to all without
exception
, onely a
certain
number of
Persons come
in,
Accept
the
Terms
, and
receive
the
Grant
confirmed and settled, under the
Broad-Seal
of
England
. In some Process of time, after great hazards and vast Expences to the Undertakers and Adventurers, the Trade proving more advantageous and profitable to the particulars interessed, than at first was apprehended it would; Those others that would not intermeddle at first, make great exclamations because they are excluded,
Crye
out a
Monopoly
, a restraining the Subject the freedom and liberty of Trade. Have they any reason so to doe? was not the fault their own? It was freely tendred to them, they had the liberty to have come in on the same terms that others did: Shall they that voluntarily excluded themselves, be angry that they are excluded, and charge it as a Crime either on the
King
that invited them, or on their fellow-Subjects that would at first have been glad of their assistance? Is not this most unjust and unreasonable? This is the Case of those that so highly exclaim against the
EastIndia Company
, which I suppose being rightly understood, the
Companyes Charter
will not deserve the name of a
Monopoly
; nor shall the
Companyes Creditors
need to fear that the Company should be rendered In sufficient to pay their Debts, by
being condemn'd in Treble dammages, or fined at the Common Laws for accepting such a Patent
, (p. 9.) to which our Barrister, without understanding, (if not without consulting his Books) thinks them lyable.
The Gentleman in the close of his Letter would insinuate, that the
East-India
Trade is of no Benefit to the Nation, and if it were, yet that it might be more advantageously mannaged than by a Company in a Joynt-Stock. This I guess to be his meaning, but lest I should mistake, I will repeat his own words, pag. 10.
I that am no Trader know that the Parliament could, if it be an usefull Trade to
England, (
which I am no proper Judge of) have established legally such Rules whereby the Trade, might have been managed, and Factories, Forts, and Castles maintained; and the liberty of Trade might have been preserved to every English-man, and five times the trade gained, and the price of our own Manufactures of Cloath and others advanced, by the multitude and freedom of Buyers; and the price of the goods imported much lessened to the English, and much more Trade with these Commodities gained into other parts of the World. An Instance of this is well known in the Turkey Company, where no Merchant can be excluded or denyed to trade with their particular Stock; yet the same pretence might have been for restraint, that some do vainly suggest in this
.
Who is so bold as blind
Bayard
? they that know least, are apt to think they know most. Ignorance and Confidence are often Companions. The Gentleman tells us, though he be no
Trader, yet he knows
. what doth he know? he doth not know whether the
Trade
to the
EastIndies
be an
useful Trade
to
England
; that he is not a proper Judge of, as he saith. He might with little study or observation have known, that it's a
Trade
all
Nations
have and do court at the highest rate: A
Trade
that the
Dutch
have adventured their All to purchase; A
Trade
which as it is carryed on onely by a
Company
in the way of
Joynt-stock
, so the gain thereby accrewing, maintains the
Republick
in Honour, Power, and Opulency; A
Trade
whereby they have so encreased to Riches and Strength, as almost to become Masters of the World: A
Trade
wherein the
English Company
employ and maintain above forty Ships, from 3 to 500 Tuns, and upwards of 3000
Sea-men
; a
Trade
that supplyes the
Nation
with necessary Commodities, at a tenth part of the price the Nation must otherwise pay for them.
Pepper
would be as dear as
Nutmegs
, if the
Dutch
were sole Masters of it;
Callico
must be supplyed by
French, Dutch
and
Flanders
Linnen; A
Trade
that makes us Masters of the
Salt-petre
, enables us to defend our selves, frees our houses from those Vermin, (the Salt-petre-men) that dug up our roomes; A
Trade
that upholds our forreign Trades, by bringing us Commodities to carry abroad to
France, Spain, Italy, and Turkey
, to a farther increase of our Navigation. A
Trade
that besides the
Customes
to his
Majesty
, which are very considerable, brings an
Annual Addition
, of several 100000 pounds to the real
Stock
of the
Kingdom
. There are besides these, divers other advantages, too many to enumerate. All this is so perspicuous, that the
Gentleman
might easily have discerned it, were his sight clear, and not clouded by prejudice, or obstructed by the intervention of some private (if not forrein) interest. But though he knows not whether the Trade be usefull for
England
, yet he knows if it were, the
Parliament could have established such rules, &c.
Excellent! how comes it to pass the
Parliament
hath not done it all this while? The Reason is suggested, It was not an usefull trade for
England
. But might it not have been made an usefull Trade, If such Rules had been made to have gained 5 times the Trade, to have advanced the price of our Manufactures, and lessened the price of Goods imported, and have gained much more trade into other parts of the World? Certainly the
Parliament
hath not been of the
Gentlemans
mind, neither to have Judged the Trade useless, For then they would have put it down; Nor yet to think that such
Rules
as he Imagines could have been made to effect what he fancies, for then they would have established them. The Gentleman might have done well for the Benefit of his Countrey (if he intended it) to have suggested (if he could) what these
Rules
were, that they might have been considered; and till he declares what
Rules
he means, I can make no other construction of his words, than that he knows that the Parliament, could have made such Rules, though he knows not what. I Readily grant, the
Parliament
, (which is the Wisdome, and Supream Authority of the Nation) can and will make all necessary rules for the good of the Kingdome, and to say such Rules could have been made and yet never were, (though many
Parliaments
have been since the first Establishment of the
East-India
Trade) seems too much to reflect on that great Assembly. The
Gentleman
tells us, an
instance of this is well known in the Turkey Company
. An Instance of what? that the
Parliament
could have Established such
Rules
as to have gained 5 times, the
East-India
Trade? sure that cannot be the meaning; the Parliament having never made any Rules, much less such
Rules
for the
Turkey Company
. The Gentleman sure was so astonished, that he was in a
Labyrinth
, and lost his senses.
To help him therefore out, though this be no Instance of the Parliaments making
Rules
, yet may it not be an Instance, that if the
East-India Company
did admit all Merchants to trade with their particular Stocks, (as he saith the
Turkey
Company do, though therein he mistakes; for its only their own Members that have liberty,) it would have increased and augmented the
East-India
Trade five times more than now it is? This certainly must be the thing he intended, yet I cannot find how it is an instance. The
Turkey
Company never were in a
Joynt-stock
(that not being so necessary and suitable to that Trade) so it could never be known what Increase the alteration from one to the other would have made; and it is evident, that the
East-India Trade
hath been more increased and inlarged within these few years under a
Joynt-stock
, than the
Turkey-trade
hath been under a
Regulation
. It is also certain (as before noted) that the
East-India
Trade in three or four years time of open Trade was almost totally ruined, and could not have been upheld so much to the
Interest
and Benefit of the Kingdom, unless it had been reduced into a
Company, and Joynt-stock
.
The Inconsistency of maintaining and carrying on the
East-India
trade in a Regulation without a Company and a Joynt-stock, the great mischief and ruine it might be to the Kingdom, both in point of Wealth and Strength (which includes all,) If we should lose or be cheated of that Trade, and what may be further done for the securing and augmenting of it, are Subjects would require larger Discourses than my time at present will admit of. I hope, Sir, what I have said, may be enough to satisfie you, that the
Joynt-stock
of the
East-India Company
is a
sufficient security
, and that the said Company is neither so obnoxious, nor my self or others that have lent Money to them, so ill advised, as the
Gentleman
in his Letter would insinuate. This is all I intended in answer to yours.
Bristoll
the 30
June
, 1676.
A TREATISE Wherein is Demonstrated,
I.
That the
East-India
Trade is the most National of all Foreign Trades.
II.
That the Clamors, Aspersions, and Objections made against the present
East-India
Company, are Sinister, Selfish, or Groundless.
III.
That since the discovery of the
East-Indies
, the Dominion of the Sea depends much upon the Wane or Increase of that Trade, and consequently the Security of the Liberty, Property, and Protestant Religion of this Kingdom.
IV.
That the Trade of the
East-Indies
cannot be carried on to National advantage, in any other way than by a General Joynt Stock.
V.
That the
East-India
Trade is more profitable and necessary to the Kingdom of
England
, than to any other Kingdom or Nation in
Europe
.
By
Philopatris
LONDON
, Printed by
T. J.
for
Robert Boulter
, at the
Turks Head
in
Cornhil
, 1681.
A TREATISE Concerning the
East-India Trade
.
BEfore I enter upon the particular proof of the Propositions in the Frontispiece, I shall desire the Readers leave to mention some few general Opinions of my own concerning Trade, which I have long since entertained; and the older I grow in Experience, the more I am confirmed in them.
1.
That Trading Merchants while they are in the busie and eager prosecution of their particular Trades, although they be very wise and good Men, are not always the best Judges of Trade, as it relates to the Profit or Power of a Kingdom. The reason may be, because their Eyes are so continually fixt, and their Minds intent upon what makes for their peculiar Gain or Loss, that they have not leasure to expatiate or turn their thoughts to what is most Advantageous to the Kingdom in general. This I am told was the Opinion anciently of
M. T. Cicero
, and also
Boden
, that learned
French
Author, and lately of the Lord Chief Justice
St. John
, who was a principal
Engineer
in the first Act of Navigation. But whether it was their Opinion or not, I am sure it's true by manifold Experience; of which I could give pregnant Instances in the Age we live in, and former Councils of Trade since his Majesties happy Restauration, but that I design brevity, and to avoid all Personal reflections. The like may be said of all Shopkeepers, Artificers, Clothiers, and other Manufacturers, until they leave off their Trades, and being Rich, by the purchase of Lands, become of the same common Interest with most of their Countrey-men.
2.
And upon the same reason I am of Opinion, and have found by Experience, that a mixt Assembly of Noblemen, Gentlemen, and Merchants, are the best Constitution that can be established for the making Rules, Orders, and By-Laws, for the carrying on any Trade for the publick Utility of the Kingdom.
3.
That all Domestick or Foreign Trade, to any Place or Countrey, that doth not in the Result and Consequences of it, increase the value of our English Lands (the good plight whereof is the main Basis of our Wealth, Freedom, and Safety) ought not only to be discouraged, but totally rejected.
4.
That all Monopolies, of what Nature or Kind soever, are Destructive to Trade, and consequently Obstructive to the increase of the value of our Lands; and that therefore, if there be anything in the
EastIndia
Company's Charter, or any Charter of Incorporated Merchants; that hinders any of his Majesties Subjects of
England, Scotland
, or
Ireland
, from coming into that Trade, upon as good Terms as others of his Majesties Subjects did, or yet may, it would tend to the general good of the Kingdom, that such Barrs or Hinderances were removed.
5.
I am clearly of opinion (be it said without offence) that if all Strangers inhabiting in any of his Majesties Kingdoms (so they be not suffered to be of Government) had as free liberty to enter into any of our Incorporated Foreign Trades, as any of his Majesties Native Subjects, as is practiced in the
United Netherlands
, it would greatly encrease the Trade of
England
, and improve the value of Land.
6.
That those narrow Clauses in the
Turkey
Companies and other Charters, which limit the Traders to be Freemen of
London
, and not to be Shop-keepers, or other than such as they call Legitimate Merchants; as also the practice of admitting no Man to be free of the
Turkey
Company under 25
l.
if he be under 25 years of Age, or 50
l.
if above, are to the prejudice of the Nation in general, tho they may be for the advantage of the particular Traders, for which I suppose they were calculated.
7.
I am of Opinion, the Dutch,
Nationally speaking
, are the wisest People now extant, for the contriving and carrying on their Trades for the publick advantage of their Countrey. If any shall here object, that if it be so, I am mistaken in my former Notion, That Merchants are not always the best Judges of Trade; for the Dutch have most Merchants in their Councils. The Honourable Sir
William Temple
hath already answered for me, that their Councils are made up of very few or no trading Merchants, but of Civilians, or Sons of Merchants, that have long since left off their active Trades, and have only now Stocks in their
East
and
West India
Companies, or in their Banks and Cantores, or other publick Fonds.
8.
That tho the Dominion of the Sea may be obtained by Arms, and fortunate Battels at Sea, it can never be retained, preserved, and maintained, but by the Excess and Predominancy of Foreign Trade.
9.
That Domestick and Foreign Trade do (as we vulgarly say of Twins, but more truly of Trade) wax and wain together; and if it were not an impropriety of Speech, Land might be coupled with them.
10.
I am of Opinion, that Silver and Gold, coined or uncoined, tho they are used for a Measure of all other things, are no less a Commodity than Wine, Oyl, Tobacco, Cloth, or Stuffs; and may in many Cases be exported as much to National advantage as any other Commodity.
11.
That no Nation ever was or will be considerable in Trade, that prohibits the Exportation of
Bullion
.
12.
That though it may be best to be left free and indifferent, it is more for the publick advantage to export Gold or Silver coined than uncoined: By the former we gain the Manufacture, and something of Honour and Magnificence it is, to have his Majesties Royal Stamp pass current in all parts of the World.
13. I am confident, whatever Nation hath the
lowest Interest
, will certainly have their Lands in highest esteem and price; and that no Nation shall ever over-match the Dutch in Trade, till they mate them in the rate of Interest of Money.
14.
That the Dutch gain much more by Bullion and Foreign Commodities exported from their Provinces, of which the chief are Wines,
East-India
Goods, English Herrings,
Greenland
Oyl and Fins, than by all their own native Productions and Manufactures.
15.
That it is as probable an attempt to wash a Blackamore White, as to hope that ever we can cope with the Dutch in White Herring Fishing, Salt-droaging from St.
Vvals
to the
East-Land
, or the
Russia
or
Greenland
Trade, till the Interest of our Money be as low as theirs.
16.
I always bear that deference to the consent of Nations and Numbers, that when-ever I see wise and great Nations, having different Interests, and various Forms of Government, yet conspire, as it were, in the same means, to accomplish the same ends of Profit, Power and Honour; I conclude, they are nearer the right way to those ends, than the wisest and best private Men living, that hold contrary Opinions, swayed by personal Profit or Loss, Pique or Prejudice.
17.
I am of Opinion, with submission to better Judgments, that there is just as much need of Companies of Merchants in
England
as in
Holland
, and no more. Where Companies are necessary the Dutch have them; and in such manner as is most necessary to the Nature and Commerce of the Countreys, for which they are incorporated. And I never heard of any Companies of Merchants there, but those of the
East
and
West Indies
, and both in Joynt Stocks; protected and defended by the Laws of the Provinces, which are of the same force as Acts of Parliaments with us.
18.
That there is a necessity of a Joynt Stock in all Foreign Trade, where the Trade must be maintained by Force and Forts on the Land; and where his Majesty cannot conveniently maintain an Amity and Correspondence by Embassadors; and not elsewhere.
I shall now return to what was proposed to be proved in the Title page,
viz.
I.
That the
East-India
Trade is the most National of all Foreign Trades
. Which I prove thus:
Viz.
1.
WHat the Dutch, French, Danes, Portugals, and which, not long since, the Swedes, and now the D. of
Brandenburgh
, have with so great Charge and Expence attempted, and hedged about with Laws and Encouragements, must certainly be a Matter of the greatest National Consequence.
2.
This Trade employs more great Warlike English Ships, that may carry from 50 to 70 Guns a-piece, than all the Trades of the World from
England
besides.
3.
This Trade alone furnisheth us with Saltpetre, a Commodity so necessary, that in the late Kings time the Nation suffered greatly by the want of it; as is too well known and remembred.
4.
Above four fifth parts of the Commodities Imported by this Trade, are again Exported into Foreign parts; by which the Navigation and Trade of this Kingdom is vastly encreased into
Turkey, Italy, Spain, France, Holland
, and other parts of Christendom; by the Returns of which, more than treble the Bullion is Imported, that was first Exported to
India
; and the Wealth of this Kingdom is as greatly encreased, as by the direct Trade to and from the
EastIndies
.
5.
Most of the
East-India
Commodities are of so small bulk, that if the Trade of the
East-Indies
were not in English hands, the Commodities, notwithstanding any Laws to the contrary, would come in from
Holland
(as the French Silks now do) with this difference only; then we should pay as much for Pepper, which we
now
sell for 8
d.
the pound, as we do for Nutmegs, Cloves, Mace, Cinnamon, which is from 6
s.
to 15
s.
per pound; tho the two last are cheaper at the places of their Growth than Pepper is at
Bantam
; but enhaunsed to that price by the Dutch, having the sole Trade for them. By which I conclude this saves the Kingdom in that respect only, 500000
l.
per Annum
, that otherwise they would be outwitted of.
6.
All Riches and Power in Nations, as well as private Families, consists in comparison. A Gentleman in the Countrey may be accounted Rich, if he be much richer than other Gentlemen, his Neighbours, tho but of moderate Estate. So
England
may be said to be Rich or Strong, as our Strength or Riches bears a proportion with our Neighbour Nations, French, Dutch,
&c.
and consequently whatever weakens or depopulates them, enricheth and strengtheneth
England
. And most certain it is, That no Foreign Trade doth so work upon the Manufactures of our Neighbour Nations, as this Trade of the
East-Indies
; for the Staple Countreys for Silks and Fine Linnen, are
Italy, France, Holland, Flanders
, &c. insomuch, as it is reasonably computed, those Countreys, by the Importation of
East-India
Silks and Callicoes; not only into
England
, but from
England
into their own Countreys, are abated in those fine Manufactures above a Million of Pounds
Sterling
per Annum
.
7.
And which is a consideration of great weight, and may be of immense advantage to the strength, populousness and riches of this Nation in a few years.
England
hath already the principal Trade of Woollen Manufactures, and now a quicker vent and export for them than ever it had in the memory of any man living. But throughout Christendom I have ever been of Opinion that generally speaking, there are more Men and Women imployed in Silk Manufactures than in Woollen: of which likewise
England
hath obtained a considerable part, considering the short time since our Silk Broad Weaving began; which was but since Mr.
Burlimach
brought in Silk-Diers and Throwsters, towards the end of the late King
James
, or beginning of King
Charles
the First's
Reign
. And I am credibly informed the number of Families already imployed therein in
England
, doth amount to above 40000. Now what should hinder, but that in a few years more, this Nation may treble that number in such Manufactures; since the
East-India
Company have of late years found out a way of bringing Raw Silk of all sorts into this Kingdom, cheaper than it can be afforded in
Turkey, France, Spain, Italy
, or any other place where it is made. Insomuch, as with
East-India
Silks, we serve
Holland, Flanders
, and some other Markets from
England
.
8.
This Trade pays his Majesty about 60000
l.
per Annum
Custom;
and
carries out of this Kingdom yearly, about 60 or 70000
l.
in Lead, Tin, Cloth, Stuffs; and other Commodities, of the Production and Manufacture of
England
: Which is not so considerable, with respect to the quantity, as in this, That what we send to the
East-Indies
of our own Manufactures, would not be sent at all, if the English Nation were deprived of this Trade; because neither Dutch nor French would enure the
East-Indians
to our English Manufactures: Of which we have clear instance in the Dutch Trade to
Japan
; where they industriously avoid introducing our English Cloth. Which Countrey being exceeding large, rich and populous, and lying in such a Northern Latitude, might vent as much of our English Manufactures, as
Spain
and
Portugal
, if we could gain a footing into that Trade: in the endeavour whereof the Company have already lost above Fifty thousand pounds
Sterling
.
9.
Tho the Company have lost so much in the attempt of the Trade with
Japan
, they have lately got an Entrance into the Trade of
Couchin-China
and
China
: and have, for a few years past, settled Factories in three Ports thereof,
viz. Tywan, Tonqueen
and
Amoy
, to their great Charge and Expence, without reaping any Profit thereby to this time, but a certain and constant Loss, which they did and do continue notwithstanding, out of a Zeal they have to promote the Consumption of our Woollen Manufactures, in a Climate not altogether so hot as most parts of
India
are. Which probably may in some time turn to the publick advantage of this Kingdom, when those raging and bloody Wars are ended between the Chineses and Tartars.
II.
That the Clamors, Aspersions, and Objections made against the present
East-India
Company, are sinister, selfish, or groundless
.
BEfore I engage into the Discourse of Objections against the present
East-India
Company, I shall not stick to declare (though it be against the Sense of most of the now Adventurers) that in my judgment I am for a New Stock, provided we can come honestly by it, that is, without Injustice to the new Adventurers (who will be found to have deserved worthily of their Countrey, when their Actions and Themselves shall come to be impartially considered) and without Detriment to the Kingdom in general. Which notwithstanding is a Matter of great difficulty; it being in Trade, as with Trees; great care is to be taken in removing an old one, least upon the removal it die, or at least suffer a shrewd stunt. Yet if the Wisdom of our Nation in that august Assembly of Parliament, now convened, shall incline to any alteration of the present Constitution, I think this time may be as opportune as any. 1st. Because our Neighbours are not now at leasure (the
French
being very low in
India
and the
Dutch
not altogether so Rampant as formerly) to make their Advantage of our Unsettlement, during the Transition from one Stock to another. 2ly. Because the Profits of the
East-India
Trade were never so much cried up as now they are: So that, I hope, the Subscriptions may prove the larger to the ensuing Stock. And yet I must desire to be excused, if I think those that complain most of the Old, will not be found the forwardest Subscribers to a New Stock. 3ly. Because when we tell Gentlemen or others, they may buy Stock, and come into the Company when they please: They presently reply, They know that, but then they must pay 280
l.
for 100
l.
And when we say the intrinsic Value is worth so much; which is as true as 2 and 2 makes 4, yet it is not so soon Demonstrated to their apprehensions, notwithstanding it is no hard task to make out, that the quick Stock of the
English East-India
Company is at this time more than the
Dutch
quick Stock proportionable to their respective first Subscriptions; and yet their Actions now are currant at 440
l.
or 450
l. per Cent.
In truth, I that have reason to inspect and know as much of it as any Man, had rather buy in this Stock, now it is, at 300
l.
for 100
l.
then come into any New Stock at even Money. Therefore, for general satisfaction, I could wish the Experiment of a New Subscription were tried. 4ly. If a New Stock were now establish'd, to please the Generality of the Kingdom, I should not despair but that such New Stock would have a Parliamentary Sanction; which this only wants, to be as strong in its Foundation, as it is in all other Nations; and which being obtained, I am persuaded would in less than an Age, render his Majesty as indubitably Sovereign of the Ocean, as he is now of
Great Britain
, and
Ireland
, and the Seas adjacent. 5ly. If an English Company were settled upon such a Foundation, there would be more Encouragement to maintain and defend some Trades by Arms, which cannot otherwise be enjoyed or secured: Which no Company built upon an uncertain Basis, can be supposed to adventure the Charge or Hazard of; while they are not sure to enjoy their Acquests in case of Success.
But to return to my Theme, and muster up all the Objections I can remember to have heard against the present Company.
Object.
1.
The first that comes to my Mind, is that of some of the
Turkey
Merchants: They say,
The bringing in of so much Silk and so cheap, is a publick Nusance, and destroys their Trade, which depends wholly upon the Exportation of Woollen Manufacture, whereas the
East-India
Company send out little Manufacture and much Bullion
, &c.
Answ.
1.
I answer, First, That it's strange Doctrine to any sort of Men skill'd in the Political part of Trade, That the making of a Material cheap, that is to be Manufactured at Home, or Exported again into Foreign Countreys, should be to the publick Damage of any Countrey.
2.
That the
Turkey
Merchants do Ship out much Cloth, I deny not; but as true it is, that they have Shipt out more Yearly since the great encrease of the
East-India
Trade, and since themselves have made this Complaint, than they did in former Years. So that in Fact it doth not follow that the encrease of the
East-India
Trade, and particularly of their Importation of Silk, doth hinder or diminish the Exportation of Cloth to
Turkey
, but rather the contrary.
3.
The question is not now, Which Company sends out most Woollen Manufactures, but which is the most profitable Trade to the Nation: Which I hope, I have proved the
East-India
Trade to be; especially if the before-mentioned Consideration be taken in, that what English Commodities the
East-India
Company ex ports, would not be exported at all, if the
English
had no Trade thither: Because other Nations that Trade thither are under Joynt-Stocks, and Political Councils, and consequently would send none of our Manufactures. But as long as there is a Market for our English Cloth in
Turkey
, if the
English
did not send it thither, the
Dutch
would; because in
Holland
there is no
Turkey
Company; but any Man, Native or Foreigner may send what Commodities, and when they please, for
Turkey
, except they be staied for Convoy by some Act of State. And where all Men have liberty to Trade at Discretion, they will naturally deal in those Commodities they can get most by, be they Foreign or Domestick.
4.
If Bullion be exported, and that hinder not the exportation of our English Manufactures, as in fact doth appear: And if for every 10
s.
value sent out, 30
s.
be brought in Bullion at the long run, which is most evident in the course of the
East-India
Trade; who can doubt but the exportation of Bullion in such a Trade, is a real and great advantage to the Kingdom.
5.
Besides their Cloth, the
Turkey
Merchants do send out a great deal of Bullion themselves; as appears by their Entries at the Custom-House: In which they do well for themselves and their Countrey, but not well in complaining of others at the same time, for the same thing.
6.
The truth of the Case at bottom is but this, The Importation of better and cheaper Raw Silk from
India
, may probably touch some
Turkey
Merchants profit at present, though it doth benefit the Kingdom, and not hinder the exportation of Cloth. What then? Must one Trade be interrupted because it works upon another? At that rate there would be nothing but confusion in a Nation
ad infinitum
. The Italian Mer chants may quarrel the
Portugal
Merchants, because they do now in a plentiful Year Import from
Portugal
4000 Pipes of Oyl
per Annum
; as formerly they did not use to import above 100 Pipes annually. The Shoemakers pull down the Coblers; those that make Red Herrings destroy those that dry Sprats, because quantities of the latter pull down the price of the former. Of the same kind was the late project of the Inn-keepers to pull down the Hackney Coaches; and so might peradventure with much more probability of truth, the
Portugal
Merchants pretend that our Plantation Sugars spoil their Trade, and hinder the exportation of our Woollen Manufactures to
Portugal
. Of which in reality the first part only is true. Our Plantation Sugars have brought down their
Lisbon
Sugars from 8
l.
10
s. per Cent.
to 2
l.
10
s. per Cent.
within my memory: and yet the exportation of Woollen Manufactures to
Portugal
, is now greater than ever it was since
England
was a trading Nation. Just as it is and will prove in the
Turkey
trade; the Similie holds, and will hold thorowout.
7.
If those
Turkey
Merchants think the
East-India
Trade so good, why do they not come into it themselves. The door is open always to them and all the Kings Subjects, buying and selling there is daily; and some Noblemen, Gentlemen, and others of quality and place, have lately bought Stock, and the
East-India
Company have taken nothing for their Freedom. The most they can take is 5
l.
But if any
East-India
Merchants desire to trade for
Turkey
, they must answer several hard questions before they can be let in. 1. How old are you? 2. Are you a Freeman of
London
? 3. Are you no Shopkeeper, or a Legitimate Merchant? When you have answered all these questions to their content, if you are above 25 years of age, there's 50
l.
to pay before you can trade; which is a great deal of money to part with, before one knows whether he shall get or lose by the Bargain.
Obj.
2.
They say there is not above
80
Legitimate Merchants in the
East-India
Company
.
Answ.
First, I answer, First, By Legitimate Merchants, I suppose they mean such as have served Apprenticeships to Merchants, in the number whereof I believe they reckon short above half.
2.
That it matters not two straws to the Kingdom, whether they be legitimate in their sense, or illegitimate. In the whole they are now Five hundred fifty and six, which is more by a great many than the
Turkey
Merchants, and more by above half then they would be, if the Trade were not managed in a Joynt Stock.
Object 3.
They say the Company have half the known World in their Charter, and that's too much for any Company
, &c.
Answ.
I answer First, This Company have no more in their Charter, than all the
East-India
Companies in Christendom have in their Charters: and from thence infer, that either so much as is in the Charter ought to be for publick Utility; or else all Christendom, except those few Gentlemen that complain, are mistaken in their Politicks.
2.
Tho the Charter run in the stile of,
The Merchants of
London
trading to the
East-Indies; yet in truth the Company is a Company of all, or so many of the Kings Subjects, as did desire to be concerned in that Trade, or yet do; they buying the Stock of any dead Person, or other that is willing to sell.
Object.
3.
But its dear buying at
280
l.
per Cent.
Answ.
1.
It's less than the intrinsicque value, if the Stock were now to be broke up, if I can calculate aright.
2.
If it be too dear, I know not but any Man may be as justly compelled to sell his House or Land at the Buyers price, or else be disseized of it; as his Stock in the
East-India
Company.
Object. 4.
They say the Charter hath exorbitant and illegal Clauses in it
.
Answ.
1.
I believe no Charter in
Europe
hath less of that kind.
2.
It's absolutely necessary for the Publick Good, that who-ever governs a Trade so remote from
England
, and by such a multitude of hands as the Company are forced to imploy, should have some extraordinary Power committed to them.
3.
Whatever is in the Charter, I never knew or heard of any arbitrary Act that ever the Company did; nor any Ships or Goods that ever they seized by vertue of their Charter, tho they have had cause often.
Object.
4.
They say the Company hath imposed and exacted great Fines, Mulcts and Forfeitures, to an immense value.
Answ.
I never knew them take any Fine or Forfeiture, but what any man might do in the same case, without a Charter: What they do take in any case, being either by submission of the party, by agreement with the Master and Owners in Charterparty, or by Arbitrations; and always in pursuance of Legal Obligations, sealed and delivered. The manner whereof is briefly this: They agree with all their Factors and Servants, and also with Masters of Ships, before they entertain them into their Service, that they shall not carry or bring home prohibited Goods; and if they do, they shall subduct out of their Freight a certain rate for each piece or sort of prohibited Commodities: which they do accordingly subduct out of the Freight; which in effect is from themselves: for most of the Owners of the Ships, imployed by the Company, are
East-India
Adventures: Which I know by experience, being a Part-Owner my self of a considerable number of Ships, employed by them. And yet, to do the Company right, I must acknowledge that the Ships imployed by them (such deductions notwithstanding) make better Voyages and gain more Money for their Owners, than any Ships whatsoever, that sail out of
England
: And the Commanders and Officers of such Ships, generally grow much richer in a short time, than any others, of any Trade or Nation whatsoever.
And so indulgent are the Company to common Seamen, that they allow every Man or Boy that will, in their several Ships, to bring 5 pieces free of stated Damage, erroneously called Mulct. And if any Seaman happen to bring 10 or 15 Pieces, the Committees entrusted with that Affair, commonly stretch that Order to the allowing the Seaman 5 Pieces for himself, 5 Pieces for his Wife, and 5 Pieces for his Child, if he have any; and if he have none, they usually ask the party whether he have not a Father, Mother, or other Relation: so that they invent ways to favour him, above the Companies Rule afore-said, of only 5 Pieces to one Person.
To encourage likewise the importation of Gold from
China
, from whence small quantities do come every year, and very great quantities will come in a few years; the Company do not only permit the entrance of it free of stated Damage, but give the Fraight of it
gratis
.
The Company do likewise allow to all their Com manders, President, Agents, Factors and Servants, all kind of Trade in
India
, from and to any Port or Place within the Limits of their Charter, except to and from
Europe
: Whereas on the contrary the
Dutch
, tho they are a People known to be as tenacious and as obstinate defenders of their Liberty, as any People in
Europe
, do restrain all those that serve them in
India
, from all the most profitable trades from place to place, within the limits of their Charter; and indulge no kind of private or permissive trade whatsoever, to or from
Europe
.
Now let any indifferent Man judge, besides that whatever the Company doth in the case of stated Damages, every private man may do, that can Freight a whole Ship by himself and Partners; whether it be not highly reasonable, that seeing the Company are at above 100000
l.
yearly charge in
East-India
and
England
, that whoever participates of that Trade, should proportionably contribute to the Expences that necessarily attend the preservation of it.
Object. 5.
They say, besides Raw Silk, the Company imports Wrought Silk, to the prejudice of the Silk Manufacture in
England.
Answ.
1.
This Objection lies as much and more against all other Wrought Silks, imported into
England
from
Italy, Holland
, or any other part of the World.
2.
The Silks, which the Company commonly bring in, are, the main part of them Taffaties, and other plain or striped Silks and Pelongs, such as are not usually made in
England
, but imported from
France, Italy
, and
Holland
; where lately, when Pelongs were scarce, many were made and imitated at
Harlem
, and from thence imported into
England
. So this importation works upon our Neighbours, preserves the ballance of our Trade; and consequently encreaseth the Capital of our Nation.
3.
And which is beyond all contradiction, as will appear by the Entries at the
Custom-house
, a great part of the Wrought Silks, imported by the
East-India
Company, are again shipt out to
France, Holland
, and other foreign parts; which is a great and growing advantage to the King, and Kingdom in general: to the King, because for all Foreign Goods re-exported, his Majesty hath in consequence, the half Custom paid him by strangers, without taking a penny out of his Subjects Purses: and to the Kingdom, by preserving and meliorating the ballance of our Trade, as aforesaid: Besides the gain of Freight, Portage, Wharfage, Ware-house-room; and all other petty Charges: amongst which may be reckoned the advantage accrewing by the expence of such Foreigners, while they stay here, as the Companies Sales do necessarily draw over hither.
Object. 6.
Some Clothiers complain that the
EastIndia
Company hinders the vent of Cloth.
Answ.
1.
This indeed is a fine practice, and deserves a thorow inspection. 1. Who they are that complained. 2. When and how they began to complain. 3. Why they complain. 1. For the time when; it was in the year 1674, or 1675, as I remember: Then they had the confidence to tell the Parliament, the Company would spoil the trade of Cloth; and bring the price of Wooll to nothing. But in fact, the Company hath now stood Five or six years since that time, and much augmented their trade for India, but Wooll is advanced in price above 50
per Cent
: and such a trade there is and hath been for woollen Manufactures, as
England
never see in any former Age. 2. Who they were that complained; not the poor
Kentish
Clothiers, that have lost their Trade; nor the
Suffolk
men, that have lost their Manufacture of Blew Cloth; but the
Worcestershire, Glocestershire
and
Somersetshire
men, that do now make and vend above twenty times the quantity of Cloth, which they did before this Company was erected. 3. How they began to complain; which, as I have been informed, was thus: Their first Petition was drawn only against the
Turkey
Company, for making but one Cloth Shipping in a year: but entertaining a certain Council (since famous for other matters) he told them, for some reasons best known to himself, they should draw their Petition against the
East-India
Company likewise; which accordingly they did: but whether they were
Dutch
or
English
that paid the best Fees, that I could never discover. 4. Why they complained. That I believe few of them understood: It could not be because their Trade sunk; for that was manifestly and wonderfully increased. It could not be because the
East-India
Company, as a Company, sent out less Cloth than was sent for
India
in the open trade: for the Entries at
Custom-house
will evidence, that the Company, since their last Incorporation, have sent out in some one year, above ten times as much Cloth, as was ever sent out in the time of open trade. But why then did they complain? Really I cannot tell; but peradventure their Council aforesaid, or some
Turkey
Merchants, their Customers, might inform them, that if the Trade of
India
were open, there would be a new world for Cloth, that would vent as much as the old World. And if they had any
Dutch
or
French
Customers, no question they would not be backward to encourage so good a work.
Object. 7.
They complain that the present Stock is ingrossed into a few hands; some single Adventurers having
16
or
17000
l. principal Stock in their own names
.
An.
1.
If this be true, the Complaint of it would sound better out of the mouth of an old Leveller, than a Merchants, living under a free and Royal Monarchy. And yet to give the maddest of men their due, neither the late
English
Levellers, nor their Elder Brethren, the Tribunes of the People of
Rome
; nor yet the more Ancient
Lacedemonians
or other
Greeks
; none of them had ever that Excess of Indiscretion, as to pretend to Stint, much less to Level Personal Estates: Which if they could be made even at noon, would be unequal before night.
2.
If there were any thing in this Objection, certainly the
Dutch
, being a Republick, would have found a Remedy for it before this time: Whereas on the contrary they think whoever adventures most in their Joynt Stocks, doth most oblige the Commonwealth, tho he be a stranger; insomuch as one
Swasso
a
Jew
, now or late living in
Amsterdam
, I am Informed hath had at one time in their
EastIndia
Stock above the value of 300000
l.
Sterling.
3.
The more any Adventurer hath in the Stock, the more he is engaged to study and promote the good of it, by all possible means within his power. An Adventurer that hath the smallest interest, may be as just and true to the Stock, as he that hath the greatest: but I can never believe that a small interest will awaken a man so often in the night, nor keep him so long from sleeping, in the meditation of any business; as a very great and principal concern may do.
4.
Notwithstanding the largeness of any of the Ad venturers Stocks, there are yet Five hundred fifty six Adventurers: which is a greater number than are to be found in any trade, that hath not a Joynt Stock.
Object. 8.
There are many other Ports and Places within the limits of the Companies Charter, where English Commodities would vend, which the Company do not trade unto
.
Answ.
1.
I believe there can never be any Society that will more industriously expatiate and enlarge the Trade of this Kingdom in those parts of the World, than this hath done, by all peaceable means. I am sure 100000
l.
will not excuse them for the losses they have sustained in such attempts. Many Factories they haue settled, and after a vast loss have been forced to with-draw them.
Tywan, Tonqueen, Siam
, and
Amoy
, before-mentioned, they settled within these Six or seven years past; and lost a year or two before, 50000
l.
in their attempt of a settlement at
Japan
.
2.
As there be many Ports in
England
, but a Foreigner that trades to and from
London
, may if he will, participate of all the
English
Trade, without having particular Factories in the Out-ports: So in
East-India
, a Factory at
Suratt
, will share in all the Trades of the
Red Sea
, as well as
Moca
, and other parts within the Correspondency of that Presidency. The same may be said of
Bantam
, and many other places, as well as
Suratt
.
3.
In very many places of India, where the Company do prudently avoid settling English Factories; they do notwithstanding carry on a Trade and Correspondency by Bannians, Vakeels and other Natives. By which means they avoid the charge of Presents to Governours, and that ostentatious expensive way, which the Companies Factors are necessitated to ap pear in, in all places where they settle, according to the mode of that Countrey, and for the honour of the English Nation, and the
East-India
Company.
Object. 9.
It is said, if the Company were not in a Joynt Stock, many more Ships might be imployed in
India,
from one Port to another in trading Voyages
.
Answ.
1.
The Company want neither Stock nor Skill, or will, to imploy as many Ships as they can gain by: and have almost doubled the quantity of their Stock and Tunnage within these ten years, and are like yearly to increase, to the Nations greater advantage; if they be not interrupted.
2.
The Company have now 25 Ships and Vessels trading in the
East-Indies
, from Port to Port, besides 11 great Ships sent out last year, hereafter particularly mentioned; which are abundantly enough to answer all the Companies occasions of that kind; the rather, because the Company do generously allow, not only to their President, Agents, Factors, and Merchants, but to all the English Nation living in any places within their Charter;
being the King of
Englands
Subjects (of which there are many hundred of Families
) free liberty of Trade, to and from all Ports and Places in
India
; and in any Commodities whatsoever without exception. By which means many scores of small Ships and Vessels are imployed in those trades; and the trade fully supplied. By this means our Native Commodities are dispersed; and all
India
Goods collected from the several less considerable Ports of
India
, do at length center in the principal Ports; where the Company have Factories, Forts, Cities and Garisons: and from thence do come for
Europe
, in the Companies returned Ships. And if this be not directly after the
Dutch
mode, I am apt to think, in a few years more, if the Company be not interrupted, it will be found to be a better. And I have been told, their late Ancient, Learned, and Experienced General of
Batavia, Matsuker
, did before his Death, write to the Committees of the
Dutch East-India
Company, to this or the like purpose:
Obj. 10.
Since the
East-India
Company was Incorporated, Coinage hath abated in
England.
Answ.
This is a meer groundless
Chimæra
, and will appear so, if the old Mint-Master as well as the new ones, be Examined. The proportion of Coinage (except when we Coined the King of
Spains
Money for his Wars in
Flanders
) having generally in my observation, born a proportion to, and followed the Price of Corn in
England; viz.
when Corn was dear, we had little Coinage; in all cheap years of Corn, the Mint hath been greatly supplied.
I can remember no more Objections against the
EastIndia
Company or Trade, and therefore must proceed to the next particular,
viz.
III.
That since the Discovery of the
East-Indies,
the Dominion of the Sea depends much upon the wain or increase of that Trade; and consequently the security of the Liberty, Property, and Protestant Religion of this Kingdom.
THe first part of this Proposition is meerly Historical; and so well known to all that look beyond the present Age we live in, that the proof of it will require little pains. While the
Spaniards
had
Portugal
, and with it the Trade of
India
, they were able to invade
England
with a Navy, by them called
Invincible
: and so it was, as to mans understanding, if the strength of it be barely considered; but their Skill was not good, nor their Ships of a Fabrick fit for our Seas: their Cause was naught, and the Providence of Almighty God blasted them. The
Dutch
, since the
Portugals
sunk in the
East-India
Trade, have grown so potent in and by the Trade of the
Indies
, that they have in three great and bloody Wars, contended with us for the Dominion of the Sea; and yet secretly do not allow us the predominancy. Tho they are not now at leisure to try the fourth War for it, yet if through the folly or madness of a few unthinking or self-interested men, we should deprive our selves of the Trade of the
East-Indies
(which God in mercy to
England
forbid) we should certainly save them the experiment of fighting with us the fourth time. They would carry the Dominion of the Sea clear, and hold it for ever; or until their Common-wealth should be destroyed by Land force, or intestine Broils.
If any man shall say, Why then? Are the
EastIndia
Ships of such a mighty auxiliary Force, that without their aid we cannot over-ballance the
Dutch
in Naval Power? I answer, Those Ships, and the Men in them, are of very great Force; as will hereafter appear. But he that looks no further than into the bare force of the Ships and Men now employed by the Company, doth not see the tenth part of the way into this great Business: For if we should throw off the
East-India
Trade, the
Dutch
would soon treble their strength and power in
India
, and quickly subdue all other European Nations in that Trade; as they lately did the
French
, notwithstanding their great strength at Home; and have since, I hear, quarrelled the
Danes
. By means whereof they would become sole Masters of all those rich and necessary Commodities of the
East
; and make the European World pay five times more for them, than now they do; as they have already done by Cloves, Mace, Cinnamon, and Nutmegs. Which would so vastly encrease their Riches, as to render them irresistible. All Wars at Sea, and in some sense Land-Wars, since the Artillery used, is become so chargeable, being in effect but dropping of Doits; that Nation that can spend most and hold out longest, will carry the Victory at last, with indifferent Counsels. If it be said, Where shall they have Men? I answer, If they have Trade and Money enough, they cannot want Men. Seamen are Inhabitants of the Universe; and where-ever they are bred, will resort to the best Pay, and most constant Employment; especially in a Countrey where they cannot be prest or compelled into any Service against their Wills.
But it must be further considered, That all other Foreign Trade in
Europe
, doth greatly depend upon
EastIndia
Commodities; and if we lose the Importation of them into
Europe
, we shall soon abate in all our other Foreign Trade and Navigation: and the
Dutch
will more than proportionably increase theirs. The pro portion of our Decay and their Increase, in such a Case, would indeed be exactly the same; but that the excess of price which they would make the
European
World pay for
East-India
Commodities more than now they do, would cause a disproportionable and greater increase of their Riches. The augmentation whereof would further enable them to overballance us and all others, in Trade, as well as in Naval strength.
If it shall be said, Admit all that is writ upon the Head to be probable, is not the Consequence (
viz.
the security of the Liberty, Property, and Protestant Religion of this Kingdom) far fetcht, and brought in as popular phrases, to gain and please a Party, as the Clothiers and Artificers Petition was formerly on the other side. I answer, I cannot hinder Men from thinking their own way: but God Almighty, that knows my Heart, knows that I scorn to use any such sacred terms to or for any such sinister or selfish respect, or to please any sort of Men living. All that I have or shall write in this Treatise, is what I do really and stedfastly believe, upon very long and serious Meditation, and many Years conference with almost all sorts of Men,
English
and Strangers: And if notwithstanding I do err in some things (as
humanum est
) it is for want of better understanding. But to return to the Matter, Can any man that looks abroad into the World, doubt of the truth of that Observation,
viz.
That Trade never thrives in any Countrey that is not
Protestant
; though not in all that are so; for reasons which I could offer, but that they are not necessary here. Is it not obvious to every Man's understanding, that since Queen
Elizabeth's
time, our Customs are encreased from 14000
l.
per Annum
, to above 70000
l.
per Annum
? Is it not evident that the People of the
United
Netherlands, since their being Protestant, are increased more in Trade and Wealth in 100 Years, than the ancient and fortunate
Romans
did in 400 Years after the foundation of their flourishing Commonwealth? Have not the
French
, since they were but
Partie par paile
, part
Protestants
and part
Papists
, increased more in Trade and Shipping in 100 Years, then they did in 500 Years before? I once discoursed a Popish Lord, soon after his Majestie's happy Restauration, who is since dead, who told me it was never well in
England
, nor would be, while we kept such as stir about promoting of Trade. I confess I liked his Lordship the worse for that expression, but I thought the better of his Parts. A Naval Power never affrights us; Seamen never did nor ever will destroy the Liberty of their own Countrey: They naturally hate Slavery, because they see so much of the misery of it in other Countreys. All Tyrannies in the World are supported by Land-Armies: No absolute Princes have great Navies, or great Trades: very few of them, though they have large Territories, can match that little Town of
Hamburgh
in Shipping. The Kingdom of
France
is powerful and populous, and is arrived to the height of Military Vertue; by which they are become formidable to us, as well as to our Neighbours. Who do we fear may destroy our Liberty, Property and Religion? (which three are one in substance) but the
Papists
and the
French
; which likewise are two names for one thing; and so we should have found it, if God Almighty had not disappointed them. Now under God's Providence, what can best secure us from them but our Naval Strength, and what doth especially increase and support that, but our
East-India
Trade: which I think I have sufficiently proved to the conviction of every impartial and unbiassed Englishman: And if so, the Consequence in this Proposition is most natural and irrefragable.
But if notwithstanding it shall be replied upon me, that in the former part of the Discourse on this Inference, I say, That Trade thrives in Protestant Countries; therefore the Protestant Religion is the cause of our so great increase in Trade and Navigation, and not the Trade of the
East-Indies
. I answer, First, That the great increase of Trade, is not a constant and infallible consequence of the Protestant Religion; because it proves not so in all Protestant Countreys: But whatever Nation increaseth in the
East-India
Trade, never fails proportionably to increase in other Foreign Trade and Navigation. Secondly, Admit that our Reformation to the Protestant Religion, were one principal cause at first of our advance in Trade and Navigation; yet now it is manifest, that the increase of our Trade and Navigation, is a great means, under God, to secure and preserve our Protestant Religion: Foreign Trade produceth Riches, Riches Power, Power preserves our Trade and Religion; they mutually work one upon and for the preservation of each other: As was well said by the late learned Lord
Bacon
, though in a different Case, in his History of
Henry
the 7th, That that Kings Fortune work'd upon his Nature, and his Nature upon his Fortune.
That the Trade of the
East-Indies
cannot be carried on to National Advantage by a Regulated Company, or in any other way than by a Joynt Stock
.
BEfore I ingage in this Argument, it will be necessary to explain, What's the Constitution of a Regulated Trade, such as the
Turkey
Company and other like Companies of Merchants of
London
are. 2ly. What a Company United in a Joynt-Stock is. To begin with the first, A Regulated Company is hard to define, and harder to resemble. Its the Confinement of a Trade to a certain number of the People, exclusive to above 99 parts of 100; with power in the major part to hinder the lesser, from shipping out any Goods, but when the greater number think fit; and to levy a Tax upon the Trade at the discretion of the greater number of Votes. In brief, it is a Heteroclite, unto which (out of
England
) there is nothing now in the World like, in any other Kingdom or Commonwealth whatsoever, that ever I could read or hear of: All those Trades that are regulated and confined to certain Persons in
England
, being open and free to all People, in all other Kingdoms and States. Their Courts are perfect Democracies; where one that trades but for 100
l.
per Annum
, hath as good a Vote as another that trades for 20000
l.
per Annum
. In those Courts they appoint the time of Shipping, choose their Embassador and two Consuls; settle a Tax, which they call Leviations, upon the Trade. And although I have a profound veneration for all things then settled in Church and State, and for those wise and worthy Councellors that assisted Queen
Elizabeth
in those infant times of our Reformation and Trade; and am apt to think, when those Constitutions were made, they were useful and proper to that time: Yet I must acknowledge that in my opinion, if all those Trades that are Regulated, that is, Confined to certain Persons only, were free and open to all the King's Subjects, as they are in
Holland
and all other places, it would be infinitely more for the general good of the Kingdom. Neither do I see any reason why the Trades of
Turkey, Hamburgh, East-land, Russia
, and
Greenland
, which in
England
are Limited or Regulated, as they call it, should need such Limitation, or Regulation, more in
England
than they do in other parts of the World; or more than other Trades to
Italy, France, Spain
, or any other part of the World. And if something might be alledged for a Regulation, what can be said why it is not for the publick Utility, that all the King's Subjects might Trade to any Countrey if they please; whether they be Noblemen, Gentlemen, Men of the Gown, Shopkeepers, or whatever they be: the more the better for the Common Good. To enforce which, much more might be said; but that's not my Business now.
A Company in Joynt-Stock are a Corporation by Charter (and if it were by Act of Parliament, it would be much better for the Kingdom in general, as hath been said) into which Stock all the King's Subjects, of what condition soever, have at the foundation of it, liberty to Adventure what sum of Money they please. The Stock and Trade is managed by a Select Council, or Committee, consisting of a Governor, Deputy, and 24. Committees, chosen annually by the Generality; in which every Adventurer doth not Vote alike, but proportionably to his Stock,
viz.
Every 250
l.
Original Stock, hath one Vote; 500
l.
paid in, hath two Votes,
&c.
After the first Stock is settled, no Man can come in but by Purchase; which every Englishman hath an equal liberty to do; and for which he pays nothing if he be a Freeman: if unfree, never above 5
l.
In
England
the Company hath, by reason of our late Civil Wars and Confusions, been interrupted several times, and there have been new Subscriptions: But in
Holland
, since the first settlement thereof, in
Anno
1602, there has been no interruption or breaking up of the Stock, or new Subscription; and such continuance is certainly best for the Publick.
Having described the nature of these two sorts of Companies of Merchants, I shall now descend to the proof of the Proposition,
viz.
That a United Stock is absolutely necessary to the carrying on the
EastIndia
Trade to National Advantage.
Arg.
1.
My first Argument I shall draw from the Practice and Experience of all other Nations. Certainly all the World are not weak in their Intellects whatever those Gentlemen think that complain of the
East-India
Company. If any shall tell me, this Argument will not hold universally; for the
Portugals
have a Trade for
East-India
, and yet have no Joynt-Stock. I answer, under those Gentlemens favour, I know there is a Joynt-Stock for this Trade in
Portugal
; or else there could have been no Trade worth speaking of. But true it is, that Joynt-Stock in Portugal, is the King's Exchequer, who reserves Pepper, Diamonds, Silk, Callicoes, and all other considerable
India
Commodities to himself; and leaves only some few Toys and trivial Commodities to his Subjects: and yet for want of a more perfect National Constitution, we have seen how the
Portugal
Trade in
India
, notwithstanding the great Roots it had drawn in a long uninterrupted course of time,
dwindled
to nothing, when it came to be confronted and outdone, by the more National and better constituted Joynt Stock of
England
and
Holland
.
The French Nation peradventure, were never governed by wiser Counsels for their own good, than under the present King. They were some years past, zealously set upon the
East-India
Trade; and I am assured, spared for neither pains nor cost, to arrive at the best method; but gave immense rewards to any that could give them any rational light or information, to lay such a foundation of Trade, as might be proper for those Eastern Countreys. See what, how, and why they did resolve at last by the printed Translation of the French Treatise, relating to that settlement; which will save me the labour of inlarging upon this Argument.
Arg.
2.
The English
East-India
Company, have now (as every body knows) their money at 3
per Cent.
interest. Every English Man that trades in an open or regulated Trade, must value his own money at 6
per Cent.
at least (or pay so much if he takes up money) because he can gain so much by it sleeping or playing: Those that work, or run hazards, hope to do better. Now if the Company, with their united Stock and Counsels, and money at 3
per Cent
; have much a-do to hold up against the subtil Dutch; what shall poor private Merchants, of divided, various, and contrary interests, do with their little seperate Stocks at 6
per Cent.
per Annum
.
Arg.
3.
Suppose the Trade of
India
might be car ried on in an open or regulated way, if other Nations did so (which is never to be granted) yet in regard that all other European Nations, do at this time trade there in Joynt Stocks; is it not as great madness to enter raw and private Persons, against such compacted and united Constitutious of experienced Councellors, as to fight a disordered undisciplined multitude, against a well governed Veteran Army, supported with an inexhaustible Treasure; or, as it is to imagine, as some men fondly do, that we can maintain and defend our Protestant Religion against the Church of
Rome
, without a National Church in
England
.
Arg.
4.
If the Company should be destroyed, and the Trade left open, the Companies Priviledges and Immunities in
East-India
would be lost; which have cost this Company, as well as their Predecessors, vast sums of money to maintain and retrieve, after they were almost ruined in the late three years open Trade. If I am asked what those Priviledges and Immunities are? They are
so many
and
so great
, as is scarce credible to any not acquainted with the Trade of
India
. For publick satisfaction, I shall mention some few of them; all would burden me to write, as well as the Reader. We have the liberty of Coining Money for our selves, and all other Nations; which passeth currant in all the King of
Gulconda's
Countreys. We are Custom-free in almost all places, and in some, where the
Dutch
and all other Nations pay a constant Custom: particularly in all places of the Bay of
Bengall
, and up the great River of
Ganges
. At Fort St.
George
and
Bombay
, we have a right, and do impose a Custom upon the Natives, and all other Nations.In the Empire of
Persia
are Custom free, and have yearly from the Emperor 1000 Tomans, which is above 3000
l.
per Annum
, in lieu of the half Custom of his own People, and all other Nations that trade thither. Of right it should be the full half Customs of that Port, which is more in value; and we should have an Officer in his Custom-house to receive our half part; but we rather content our selves with the 1000 Tomans aforesaid, than fight with him again for a right, which we are uncertain how long we may enjoy, by reason of groundless Clamours against the Company at home.
At
Bantam
we are at the set rate of 4000 Dollars
per Annum
, for all our Customs, tho we increase our Trade never so much. In most places in
India
, we are in effect our own Law-makers, and can arrest and imprison any Natives that deal with us, or owe us money; and can inflict corporal punishments upon them (without controul of any of the Native or Moor Governours) till they pay or do us right, if our People there see cause for it.
All our Black Servants there, which are very numerous, and all others imployed by us, or trading with us, are free and exempted from the jurisdiction of the Natives and other Governours.
We are in all places free in our Persons and Goods, and all imployed or priviledged by us, from all Inland Customs and Duties, in the Towns and Provinces we pass or bring our Goods thorow: which are very great in those Countreys, and paid by the Natives.
Arg.
5.
My fifth Argument is drawn from the great Losses, Damages, and Depredations, that this Nation sustained in that short time of three years open Trade, which are sufficiently known, besides the loss of Priviledges, increase of Presents to Governours, lowering our English
Commissioners
Comodities
, and advancing the
Indian
Commanders
Comodities
to such an odious excess, that at length the very private Traders themselves, were the forwardest Petitioners for a return to a Joynt Stock; of the truth of which, there be many yet alive that can attest.
Arg.
6.
This I draw from the nature of the Eastern Governments. There are above 100 Kings and Raja's, which are Gentu Princes, but governing with absolute Power in their own Dominions; and as many Ports and Places of Trade: whereas in
Turkey
there are but
two or three principal places of Trade and one
Province
Prince
; with whom his Majesty by his Ambassador may conveniently have his Subjects there vindicated and righted, if there were no Company; as the
French
King, the
Venetians
, and the
Dutch
do. Whereas in
India
there would be need of Forty Embassadors; and all must have Instructions, and carry large Presents. The Companies Agents,
&c.
in
India
, do many times find cause to send Embassies, Instructions, and splendid trains of Attendance and Presents, before the Committee in
England
know of it.
Arg.
7.
This is drawn from the distance of the places. Letters do pass freely to and from
Turkey
in a short time: and in case of injuries done the
English
, his Majesties Men of War may soon go down from
Tangier
to revenge them. But
India
is at a far greater distance: no certain return of a Letter to be had once in Twelve moneths: and the Princes and Ports there, are at a wider distance one from another, than it is from
England
to
Turkey
; and much more difficult to maintain a Correspondence by Letters in
India
from Port to Port; by reason of the set Monsons or Trade-winds, that blow six moneths together one way.
Arg.
8.
Where-ever the English or any Europeans settle a Factory in
India
, they must presently build them large Houses, Ware-houses,
&c.
take many Servants, and maintain the appearance and splendour of a petty Court: and in many places where the Company have not fixt Garrisons, they are forced to fortifie their Houses, or else they will be despised and trampled upon by the Natives. If it be said, this may be done by a regulated Company. I answer, First, How shall they raise a Stock to buy those the Company have already; with their Lands, Islands, Towns, Garrisons, Guns and Ammunition: which I am sure (their Priviledges being put in likewise) have cost the Company above 300000
l
? Next, How shall they maintain and defend them? By Leviations upon Goods. What? before there are any Goods to taxe. No, they shall raise a Joynt Stock, to make the first Purchase; and after, take only a Taxe upon Goods to maintain them. These are absurd, incongruous, and impracticable Notions; for in a time of War and Danger, Men will forbear trading; as hath been ingeniously observed by the Author of the printed Letter: So that there will be no Goods to taxe, when there is most need of Money. Whereas the Governours or Committees, have always in their hands a real Fond of above a Million of Money; and can borrow so much in
India
in a few days, if they want it, their Credit there, being as currant as ready Gold: having never been so much as stained. I shall say no more upon this Argument, in regard the printed Letter, afore-said, hath so copiously and convincingly cleared this point, beyond all contradiction, that I have no room left me to enlarge; but have reason to beg the Authors pardon, for what, in this, I have borrowed of him.
Arg.
9.
The
East-India
Company of
England, Holland
, and all European Nations that trade to
India
, have power, by their Charters, to make War upon any Nation in
India
, at their
Discretion
; but not upon any European Nation, without his Majesties consent. This power they must and ought to have for the well carrying on of their Trades. This power the English Company have sometimes, but not often exercised: but if it were not known in
India
, that they have such a power, they should be continually affronted and abused by the Natives. Now who shall this Power be delegated unto, in a regulated Company? To all English Men, or to a single Embassador, or to many Embassadors and Consuls?
V.
That the
East-India
Trade is more profitable and necessary to the Kingdom of
England,
than to any other Kingdom or Nation in
Europe.
FIrst, This is so as we are an Island, and have our principal Security, as well as the increase of our Riches from our Trade and Strength at Sea.
Secondly, And which I take to be a main consideration, The Trade of
India
is to
England
not only a great, but an unmixt Advantage: Whereas to all our Neighbours, though the Trade of the
East-Indies
be a great Advantage, and accordingly courted and coveted by them; yet they cannot have it without some mixture of Loss in other respects; because some of them have the growth and production of Silk among themselves, as
Italy
and
France
. They have likewise the sole Manufacture of plain Silks, such as Taffateis, Sarcenets,
&c.
which are brought from
India
cheaper than they can make them at Home. Whereas in
England
, our Silk Manufacture consists not in those plain Silks, but in Flowred Silks and Fancies, changed still as often as the Fashion alters.
Holland, Flanders
, (and
France
, in some measure) have their principal
Manufactures
in fine Linnens, Cambricks, Lawn and Hollands; which only Callicoe works upon, to the putting them very much out of request, in their own Countreys
and
all other parts of Christendom. Whereas the Linnen we make in
England
is of the strong course sorts, generrally used by the meaner People; which Callicoe doth not prejudice to any sensible degree. Neither is the Linnen Manufacture in
England
a matter worth taking notice of whatever a few Gentlemens opinion are) But in
Holland, Flanders, France
, and some parts of
Germany
, it is their main Concern; being the subsistence of the Majority of their People, as the Woollen Manufacture is in
England
.
Thirdly, The Dutch have a standing Contract with the King of
Persia
for all his Silk; which may amount to 600 Bales yearly. Now in regard
Bengall
Silk in the
East-Indies
, can be brought to
Europe
cheaper than
Persia
Silk: the
Dutch
by bringing Silk from
Bengall
, must of necessity in some kind prejudice that Contract in the price of Silk; though it be the
Dutch
Companies own Contract, as well as the
Turkey
Merchants. Whereas we having no such Contract in
Persia
, do not work upon our selves, as they must of necessity: And yet they are wiser than to slight the Trade of
Bengall
for that cause. This Argument concerning the
Dutch
Contract in
Persia
, is so fully confirmed by the Companies Advices lately received from
Persia
, that the
Dutch
there did lately desire to be excused from receiving their
Quota
of Silk, which is 600 Bales yearly, upon pretence of their want of Money to pay for them, which notwithstanding was forced on them by
Shecke Ally Cawne
, the Emperor's Governor there. If it be here askt me, Why the
English East-India
Company, seeing
Persia
is within their Charter, are not as wise as the
Dutch
, to make a Contract likewise with the King of
Persia
? I answer, The
Dutch
got the start of us in that long before this Company was constituted; and we cannot possibly retrieve it yet: The
Persians
being a People most difficult to remove from any thing they have once determined. If it be here further retorted upon me, That by my own confession, the Importation of Silk from
India
, doth prejudice the
English Turkey
Merchants in the price of their Silk here. I grant it: But what is that to
England
in general? It's the interest of
England
that we should have Silk here (being a material to be Manufactured) cheaper than in any other part of
Europe
, where it grows: and so we shall infallibly, if the Company stand. But at the same time, I do expresly deny that the making of Silk cheap in
England
, doth hinder the Exportation of our Woollen Manufacture to
Turkey
: The contrary being as evident as the Sun at Noon-day, to any Man that has not the mist of private Gain or Loss hanging before his Eyes; as before is demonstrated in those two pregnant, experienced, unanswerable Instances,
viz.
That as the price of Portugal Sugars hath abated (in which formerly al most all our returns from that Countrey were made) we have increased exceedingly in the Exportation of Woollen Manufactures to that Countrey; and even in the Trade of
Turkey
it self for many years: And to this very time, as the price of
Turkey
Silk hath abated, the Exportation of our Woollen Manufacture hath increased: and so it will still, though Silk should come to half the price it bears now in
England
. Upon the proof whereof, by time, I dare hazard all that little I have in the World. Besides, when all is done, and if the
Turkey
Merchants might have their Will, to the irrepairable damage of their Common Countrey; what would they be the better? Except by an Act of Parliament we could as well hinder the
French, Dutch
, and other Neighbours from trading in
East-India
Silk, as we can the English East-India Company. Is not this dealing our Childrens Bread to Strangers? Weakning our Selves, and strengthening our Enemies, whilst they laugh and stand amazed at our Indiscretion.
For a Conclusion, That the present and future Ages may know in what Condition the
English East India
Trade stood, when the Company was assaulted by the private designs of
particular
Men; I shall add an Account of the present posture of their Affairs,
viz.
Last year the Company sent out (which are not yet returned) for the Coast of
Cormandel
, and the Bay of
Bengall
, Four three Deck-Ships,
viz.
The
Eagle
, burden 590 Tuns, and 118 Seamen, besides Passengers. The
Sampson
, burden 600 Tuns, 120 Seamen. The
Berkley-Castle
, burden 50 Tuns, 106 Seamen. The
President
, burden 550 Tuns, 110 Seamen.
For
Suratt
and the Coast of
India
, three Three-Deck Ships,
viz.
The
Williamson
, burden 550 tuns, 110 Seamen. The
Lancaster
, burden 450 tuns,
Seamen. The
Johanna
, burden 530 tuns, 106 Seamen.
For
Bantam
, two Ships,
viz.
The
Society
, burden 600 tuns, 100 Seamen. The
Nathaniel
, burden 600 tuns, 100 Seamen.
For the South Seas and
China
, two Ships,
viz.
The
Faulcon
, burden 430 tuns, 64 Seamen. The
Barnardiston
, burden 350 tuns, 69 Seamen.
And in all of them the Stock of 479946
l.
15
s.
6
d.
This Year the Company are sending out for the Coast of
Cormandel
, and the Bay of
Bengall
, 5 ThreeDeck Ships,
viz.
The
Bengall
, burden 570 tuns, 114 Seamen. The
Ann
, burden 460 tuns, 92 Seamen. The
Golden Fleece
, burden 575 tuns, 115 Seamen. The
Cæsar
, burden 520 tuns, 104 Seamen. The
George
, burden 580 tuns, 116 Seamen.
For
Suratt
, and the Coast of
India
, three Ships,
viz.
The
Josia
, 600 tuns, 120 Men. The
Massingbird
, 480 tuns, 88 Men. And the
Success
, 460 tuns, 92 Seamen.
For
Bantam
, three Ships,
viz.
The
New London
, 600 tuns, 100 Seamen. The
Scipio Africanus
, 360 tuns, 74 Seamen. And the
Persia
Merchant, 360 tuns, and 74 Men.
And for the South-Seas and
China
, one other great Ship, which is not yet resolved upon.
And in all of them the Stock of above 600000
l. Ster.
Note that the Ships are generally bigger than they are let for, and the Company employ none but English-built Ships; and that besides what they sent out last Year, and are sending this, they have always a considerable Stock left in the Countrey, to make and provide Goods before-hand. Besides, likewise their Islands, Towns, Garrisons, Houses, Buildings, Ammunition,
&c.
The just number of their Adventurers now, is 556, and new ones daily coming in: The Companies Doors being never shut against any of his Majesties Subjects, as Regulated Companies are. And they have what Money they will at 3
per Cent
; which will be the worst News of all in
Holland
.
If, notwithstanding all that hath been said, the Company must be destroyed, Gods Will be done. To write what I have, I thought my Duty to my Countrey; which having satisfied my self in the performance of, I am not careful for events: being always confident, that whatever the Parliament does, they will do it justly; and so wisely as to make the best of a bad Bargain. I am persuaded the
Dutch
, to have this feat done, would ease our Lands a while, by giving us a Million of Pounds Sterling, if they knew where to find Chapmen (which God grant they never may); and I am sure, if they did pay two Millions, they would have too good a Bargain of it.
FINIS.
IT is Humbly Pray'd, That this Paper may be Read through without the Eye of Prejudice; and though it may be Indicted, yet till heard for it self, it may not be Arraign'd and Condemn'd. If it be found in any thing worthy, the Rest may have Pardon upon the Account of the real and good Intention of the
Loyal Proposer
.
A DISCOURSE (By way of ESSAY) HUMBLY OFFER'D To the Consideration of the Honourable House of Commons, Towards the
Raising Moneys
BY AN EXCISE.
DEMONSTRATING The Conveniency of Raising Moneys that Way. Together with an Enumeration of some certain particular
Commodities
, whereupon an Annual Receipt of
One Million
may be presently Settled, and with the same Ease to the People, as any other Part of His Majesty's Revenue whatsoever.
By
W. C.
Esq;
Culliford
LONDON
: Printed for the AUTHOUR. 1696.
A
DISCOURSE
Towards the Raising of Moneys BY AN
EXCISE
.
WHEN we speak of an
Excise
, or of the Conveniency of
Raising Moneys
that way, we mean not simply the
Excise
now Established and Settled upon
Beer
, and
Ale
, and other Liquors; but the whole
Duties
of any kind whatsoever, that are Charged upon any Goods or Commodities expended within the Kingdom. The
Duty
of the
Customs
, (an Ancient and Honourable Revenue) as also the
Additional Duty
; when we consider either the One, or the Other, (
naturâ rei
) in the strictest Consideration of things, are no other than a kind of
Excise
, differing more in the Name, than in the Nature of the things; for, what else are they but a
Tax, Imposition
or
Custom
, (be they called as Men will have them) upon the Commodities that are spent, used or made amongst them.
This Notion being premised, there will be a fair way made, for the better apprehending the Matter in hand, which is, To shew the Conveniency of
Raising Moneys
, by way of an
Excise
, upon such Goods and Commodities as are spent among us; from which we have the Experience of that which is already settled, which will also give an unquestionable Testimony of the Commodiousness of such, both to His Majesty and People; inasmuch as those Commodities we send Abroad, and those we receive Home by our
Merchants
, Raise to the King little less than
Seven Hundred Thousand Pounds
per Annum
, and that in a very facile and easie way, and to the great Satisfaction of the People: Now, somewhat the like Sum may be Raised from some other Commodities of the like use, which is the Design of this Paper.
But before we mention the Particulars, it may not be amiss to demonstrate, very briefly, wherein the Conveniency of this way of Raising doth consist: And that it is so Commodious as is suggested; which will appear, if we consider,
First
, That there is a great Conveniency even in the very Manner of Collection, and abundantly more to the Satisfaction of the People, than usually is in other ways; for herein is a great Conveniency, inasmuch as that when this Duty is truly paid by the Body of the People, who are the Spenders of the Commodities; yet the Money being deposited by the
Makers
or
Factors
, who take it again, in the Price of them, at the Sale, the People pay it insensibly in the Value of the Goods they Buy; for we must not think that the
Merchants
or
Traders
pay all the Money of the
Customs
and
Excise
; they are but the Depositors of it, and the People paying it in a way so secret and insensible, it meeteth not with any Contradiction from them, as it would do, were they themselves to lay down the present Money. We have a manifest Proof of what is now urged from the Business of the
Hearth-Money
, a Receipt (had it been well managed) would, in a few Years, have brought to the Crown very great Sums of Money, and had daily increas'd it: and should there now, for some time, the
Duty
of
One Shilling per
Room, be laid upon all
Useful Rooms
in every House, we mean
Mansions
, or
DwellingHouses
, excepting therein the
Garrets, Closets, Pantries, Butteries
, and
Pasteries
, (the Poor to be exempted from this Duty) and all Persons, paying either to the Poor, or Church, Living in Houses of Two Rooms, to Pay but for One; if in Houses of Three, to Pay for Two; and if in Houses of Four, to Pay for the whole; and so upward. This
Duty
well managed will bring a Revenue greater than the
Hearth-Money
was. For, since the Repealing of that
Act
, a great many Thousands of Houses have been Built; and besides, there were Abundance of Houses that were Erected in the Time that Duty on
Fire-Hearths
continued, that neither had Hearths or Chimneys in them; Others had Hearths that never were laid or made use of; so that very great Troubles and Disputes did happen thereupon.
This
Duty
being laid, as is Proposed, a Law may be so effectually made, that after a true survey and discharge of such that are to be freed from that Duty, that Money will come in with as much Ease as any
Tax
now settled by
Act of Parliament
.
It is well known how that Revenue of
Hearth-Money
grew so uneasie, and vexatious to the People, the ill Management of the Farmers and Officers, were the true Cause of so many and great Complaints: But the Receipt of this
Duty
, if it shall be thought fit to be for some time paid, Offices must be Erected in their several Counties, to which (as in the Case of
Excise
) the People may repair, and pay in their Money, and receive their Acquittances
gratis
. And that, for Supply of His Majesty's present extraordinary Occasions, that
Duty
to be paid at the beginning of every Half Year, and so forward. And such Care must be taken at first, upon the Survey, to settle all things so, that there may be no room left for the People to cavil at, or to think themselves in the least injured.
And as Houses are New Erected, the Constables of every Parish may be obliged to give in to the Collectors an Account thereof under his or their Hands, which may be made known to the next Justice of the Peace.
We will next Propose some other Ways, very convenient for Raising Moneys, with the least Apprehension of those that pay it, if we consider what large Supplies of Money may be had this Way: And it is very necessary that all Persons do consult and find out the easiest Way and Means for Raising present Supplies to His Majesty.
The
Duty
upon
Salt
was the next thing to be considered; but that being already Granted, it will not be amiss to consider and examin, when a
Tax
was formerly laid, of a
Half-Penny per
Gallon, upon our own
Salt
; and a
Duty
proportionable upon
Foreign
; the Sum then accounted for, and paid in, was about
Thirty Thousand Pounds
per Annum
; the
Salt
allowed for the
Fishery
being excepted; under the Shelter whereof abundance of Frauds were practised, several quantities passing under that Notion, that never came to that use: So we will suppose three times the afore-said Sum, is or ought really to be accounted for, and paid into His Majesty's Exchequer; besides, the
Foreign Duty
is very considerable, and the Kingdom having in it, at this time, one Third part more of
Salt Pans
, than in the time the
Duty
was first laid upon it; and, therefore, far greater quantities must be now Made and Sold: And tho the
Salters
may pretend to leave off their Working and Making
Salt
, by reason of the
Duty
on
Coals
that are Water-born, there is not the least doubt or fear of that. For before the
Duty
of
Twelve Pence
a Bushel was laid upon
Salt
, those
Salters
in the Northern Parts did Sell at
Twenty Six Shillings
a Wey; and now the
Duty
is
Forty Shillings
a Wey, the Maker Sells for
Four Pounds, Six Shillings
and
Eight Pence
a Wey; we would therefore know where the Maker has any Loss, or if he Pay any considerable part of that
Duty
to the
King
: But the Generality of Complainers are such as get the most, when any
Imposition
is laid upon any Commodity, as in the Case of
Excise
and
Salt
. And it is most certain, that if this
Duty
were not laid, under which the
Salters
take the Liberty to Sell at their own Rates,
Salt
would be Sold again, in all the Northern Parts, at the Old Rate of
Twenty Six Shillings
a Wey, and where then would their Advantage be? So that the
Duty
upon
Salt
may very well be computed at
Ninety Thousand Pounds
per Annum
, at least, besides Allowance for the
Fishery
.
Next, It will be a most convenient Way of Raising Money, if we consider what large Supplies may be had this way, no Sum of Money that the Necessity of the Kingdom can require being too great to be charged upon it.
England
is a populous and liberal Countrey, and of a vast Expence; insomuch, as were there an Estimate made of the whole, and the whole made to pay, as now some part of it doth, it is inconceivable the Value of it: For, if a
Custom
or
Imposition
on Foreign Goods, (for otherwise we cannot, it adhering still to our former Notion, that a
Custom
and
Excise
are but the same thing) we say, if the
Custom
of the Commodities of other Nations, that are spent among us, and no more of our own Manufactures than what we send beyond the Seas, do Raise to His Majesty
Seven Hundred Thousand Pounds
, or more,
per Annum
; What do we think may be Raised from those other of our Native Commodities that are spent among us, were they brought under the like Imposition? This being most certain, that the Expence upon our own Growth, Product and Manufacture, is abundantly more than our Expence of Foreign Goods, which will appear clearly by this; namely, That the Commodities of
Beer, Ale, &c.
(and no more of that neither than is Bought and Sold) do raise more Money than all the Foreign Goods Imported do amount to.
To make all this more manifest, and in order to a Recitation of Particulars, we would Propose one general Maxim, to which, if regard be had in the Settling the
Excise
of any Commodities, it can never fail of the ends Proposed, and that is this.
Viz.
That whatsoever Commodities be made Exciseable, are to be of a large, universal and necessary Expence: Of a large Expence, otherwise, there will be a great Noise to little Purpose. If it be of an Universal Expence, then every Man will bear his Lot. If it be of Necessary Expence, there will be no avoiding the Use of that Commodity.
The Truth is, who-ever will throughly weigh this Maxim, shall, from the Inferences deducible from it, answer whatever Objections can be made against laying an
Additional Excise
. We have it all made good in the Instance of that
Excise
which is now settled, (
viz.
)
Beer
,
&c.
It is a Commodity of large Expence, and so a large Sum of Money is Raised from it. It is of Universal Expence, and so every Man pays his part in it: It is of a necessary Expence, and so necessary, as no Man can be without it; and therefore can never hinder Trade: And nevertheless all those Sums of Money that have been, for several Years, Raised from it, no Man can conclude, that there hath been so much as one
Barrel
of
Beer
the less Brewed for that
Imposition
that is laid upon it.
Things being thus far discussed, as to the grand Conveniency of it, we will consider what particular
Goods
and
Commodities
will fall under these Rates, and become thus convenient to be put under an
Excise
.
Another thing of the like Large, Universal and Necessary expence, is our
Wool
, or
Woolen Commodities
, wherewith this Kingdom eminently abounds, and expands its self into many Branches; as
Cloth, Bayes, Tameys, Serges, Says, Stockings, LinseyWoolsey, Stuff, Cottons, &c.
which are made in many Parts of the Kingdom, some Parts whereof pay no
Aulnage
, which may be very considerable, if all were brought to pay
Twelve Pence per
Pound, according to the Value of them: To be paid by him that doth first Buy them from the Maker, will, according to our Computation from the
Aulnage Duty
, amount to
Seventy Thousand Pounds
per Annum
, and this will be as easily collected as that is.
That this can do no Harm to our Trade at Home, will be clear, by referring to our former Maxim; nor can it prejudice our Trade Abroad, because the Rate proposed is so inconsiderable, as it can have no influence on Trade, to hinder the Sale of these Commodities we send out: If it should be thought to do so, there may be Provision made for what is Exported; but then, what is spent at Home we would Propose to go at a higher Rate.
Another Commodity, of a Large, Universal and Necessary Expence, is
Tallow
. It is little known what a vast Quantity of this Commodity is spent in
England
. It will bear an Excise of
Five Shillings
for every Hundred Weight. The Collection will lye best from the first Melter, giving him a Months Time for Payment, from the Time of his first Melting. The Value that this will amount to, will be best seen, by considering the Expence of this Commodity; as chiefly in
Candles: Five Shillings
upon the Hundred Weight of
Tallow
, will reduce them to near
Six Pence
upon every Dozen: Now, at this Rate, we observe, That the middle and meaner Sort of People spend as many, as, at
Six Pence per
Dozen, will answer a greater Sum than is paid for their Rooms, so that the Gentry and Nobility will consequently Pay considerably more: We find also, besides the standing Expence of private Families, there are accidental Expences; as those that are spent in
Taverns, Play-Houses
, at
Sea
, on
Ship-board
, and in
Churches, Mines
and
Colleries
; we find also many of our
Candles
Bought by Foreigners; and besides all these, the great Quantity of
Tallow
that is spent in making of
Soap
: All which will equal the Expence of private Houses, and, in the whole, may produce
Eighty Thousand Pounds
per Annum
.
Another way for the Advancing this
Excise
, is, that the respective private Families in the several Counties in
England
, may pay an
Excise
for their
Beer
, as all the Families in the City of
London
, and all other great Towns do, where the People take their
Beer
from the Common
Brewer
.
Now, to bring all Families to the same Standard, is surely no hard matter, save only the difficulty will be how to Collect it, since it will so unfit to give such a Liberty to Officers, as to enter all private Houses, to take the Inspection; but this is easily prevented, by putting it into another way,
viz.
That every
Malster
, or
Maker of Malt
; shall give a true Entry of all the
Malt
he shall Sell; and whatsoever is Sold to any Private House, to Pay
Six Pence per
Bushel: This is one Way, and may be of great Advantage for other Purposes than what we are now speaking of: Or else, a Second way may be, to charge the whole Consumption of
Malt
with a
low Duty
, that is, at
Three Pence per
Bushel, to be paid by the Maker; and at this low Rate may be Raised
Two Hundred
and
Fifty Thousand Pounds
Annually, because of the vast Expence of it. We know it will be presently Objected, That by reason there is an
Excise
on
Beer
, this will be somewhat hard. To which we answer, No, not at this time, when
Malt
is at so moderate a Price to what it was formerly; which is such, as that all Persons would, notwithstanding this
Duty
, Brew their Beer at little more than one Third part of the Price they did Pay at that time. Could it be discerned, that those that Brew
Beer
for Sale (who will be the chief Persons that make the Objection) did, upon Consideration of the great Plenty, Sell twice as much for Money as they did before, or make it answerably good in the Quality, (which indeed cannot well be) there would not a Word be said more of this kind; but finding no such thing as this done, it cannot be taken amiss to Plead, that the King may have a little share in this Publick Benefit, and their Fellow-Subjects also, in being somewhat eased in other Payments. When the Parliament had Granted that Noble Royal Aid of
Five and Twenty Hundred Thousand Pounds
, and afterwards seeing the King's Necessities require more Moneys, did they not very chearfully make an Addition, by Increasing those Rates formerly settled, when they saw their Rents in a manner falling. And shall these Men stumble at this small Addition, when their Profits are so Increasing, they may well take Notice how indulgent Authority hath been in not holding them to the Strictness of those Statutes all along, which did enjoyn them to such Rates, Prices, and Measures in Selling their
Beer
, as should they have been held to observe, it would have hindered them more in One Year, than this would do in Two: So that from the whole we cannot but Propose, that while the Blessing of this great Plenty continueth, and the Prices of
Malt
not rising, it may, for some time, at least be submitted to this small
Imposition
. The Inspection of this being easily made, for all coming to the Cistern, it is as easie to see what
Barley
is steeped in a Cistern, and take an Account of it, as to know what
Beer
is set to work in a Tun. This small Duty being laid upon
Malt
, will be of the same Advantage as the Charging the
Duty
upon the
Coffee-Berry, Tea
, and
Chocolate
, at the
Custom-House
is found to be.
Another Commodity of great, Universal and Necessary Expence, is our
Leather
or
Hydes
: There are spent near Ten Thousand every Week, we are sure there are as many great Cattle Kill'd, from whence we take the Estimation. This Commodity is spent several ways; as in
Coaches, Boots, Saddles, Shoes, Holsters, &c.
A
Duty
of
Two Shillings per Hyde
on each great
Hyde, One Shilling
upon lesser
Hydes
, and
One Shilling
a Dozen upon
Calves-Skins Tann'd
, will, at that Rate, Raise about
Thirty Five Thousand Pounds
per Annum
.
Another Commodity of Universal Expence, is
Hats
: They are of Three degrees; as
Bevers, Casters
, and
Felts. Four Shillings
on every
Bever, Twelve Pence
on every
Caster
, and
Six Pence
on every
Felt
, to be paid by him that first Buyes them from the Maker, is a Rate which they will bear. What this will produce, it is hard to make an Estimation, in regard there are not such Rules to proceed by as in other things; but, undoubtedly, it will amount to
One Hundred Thousand Pounds
per Annum
.
The next thing we shall name, is our Home-made
Silks
: They are of a large Expence, and Necessary too; by how much it is necessary for the Gentry to be distinguished from other Persons: Of which, divers sorts are made in
England
, and most consumed within our selves. These being judged Commodities of a more superfluous Expence, may bear the greater
Duty
, as
Twelve Pence
or
Eighteen Pence
on every
Twenty Shillings
Value: And this also must necessarily produce a good Sum of Money Annally, since we find, not only among our Gentry, but our Lower sort of People, yea, even unto Servants,
Silks
are made Common among them. What Sum of Money it may Annually produce, is likewise hard to compute, for the Value of them hath not been lately consider'd, but it cannot fail of producing a good Receipt of Money.
The last thing we shall mention, for the Advancement of Money this Way, is the bringing all the
Foreign Commodities
spent among us, to Pay the same Rate as they did in the Year 1656. and so for some Years following. This will Raise
One Hundred
and
Fifty Thousand Pounds
, or rather more. That this was no Prejudice to Trade, needs no other Proof, than that in those times; while these Goods paid these Rates, there was a greater Importation of them, than ever hath been since.
These are the Principal Commodities of a Large, Universal and Necessary Expence, upon which may be Raised a
Million of Money
per Annum
, with the same Ease as the Money is now Raised from the present Rates of the
Customs
, and the
Excise
of
Beer
.
And to be a little earnest in the Case, What hath any Man to say against it, if he will reason by Arguments properly deduced from the Nature of Trade, and true Constitution of things. What Difference is there between Raising Moneys this Way, and the
Customs
? What greater Difference is there in the Managing or Improving this now Proposed, than that which is already Settled? In the
Customs
, the
Merchant
makes his Entry, pays the Money, and receives it again in the Sale of his Goods. In the
Excise
of
Beer
, the
Brewer
doth the same. So here the
Salter
, the
Melters of Tallow
, the First Buyers of
Woolen Manufactures
, the
Tanner
for the
Hydes
, the
Malster
for his
Malt, &c.
in their several Capacities, make their Entry, pay the Money, and take it again in the Sale thereof: Where then is the Intricacy or Difficulty? or, What is this more than the
Customs
expanded into other Particulars?
Most of what is here Proposed, was ready some Years since to have been Offered to the Consideration of the Honourable
House of Commons
; but the Proposer did not then meet with any great Incouragement for it, until now, there being, at this time, great Occasion for Raising Money by the most Easie and Universal Way, in Order to save something of the
Land-Tax
, which is, and must be the standing Prop upon all Occasions. If these
Duties
be well managed, when laid on, there will not be any doubt, but very great and considerable Supplies of Money will be had to manage, and carry on the War against
France
with more Vigour than ever.
And whereas it may be said, This
Duty
being now laid on, the Sellers will set up extraordinary Rates upon their Commodities, and thereby get Estates out of the Ruins of them that Buy. It is answer'd, That great Care will be taken, that the Sellers may be kept to the Prices accustomed for some Years past, and shall not impose any more upon the Buyer than the
Duty
now laid upon the several Commodities.
Having attempted thus, in brief, to shew, according to the best of my Understanding, how a considerable Sum of Money may, with much Ease and Equality, be Raised by an
Excise
, on some few particular Commodities, for the Carrying on the
War
against
France
; the laying the same, or such other
Excise
as may be thought fit: As also, the further Improving of it on many other Particulars, not here set down, is, with all Humility, Submitted to the great Wisdom and Consideration of this Honourable House.
By Your
Honours
Most Humble And Obedient Servant
,
W. C.
Postscript
.
THESE several Particulars following, as well as what has been Proposed before, being all very necessary to be made use of, will presently bring in very great Sums of Money, the
Duties
following being laid upon them, (which they may very well bear.)
Imprimis
.
All
Great Black Cattle
of
England
, the Price being
Ten Pound
each, or more, to Pay for every
Head, Ten Shillings
, when they are Sold in Market; where all Persons shall be obliged to bring them for Sale.
Item
. All
Black Cattle
of
England
, under the Rate of
Ten Pounds
, and above
Three Pounds
, to pay
Five Shillings per
Head, and all under
Three Pounds
, to pay
Two Shillings
and
Six Pence
.
Item
. All
Calves
that are Sold in the Market for
Twenty Shillings
, or above, to pay
One Shilling
; and all under that Rate to pay
Six Pence
a piece.
Item
. All
Large English Sheep
that are Sold for
Fourteen Pound
a Score, or upwards, to pay
Six Shillings
and
Eight Pence per
Score.
Item
. All
Smaller Sheep
that are Sold for
Seven Pounds
a Score, or under, to pay
One Shilling
and
Eight Pence
a Score; and for
Lambs
the same.
Item
. All
Great Swine
, Sold for above
Twenty Shillings
, to pay
Twelve Pence
a piece; and for those under that Price, to pay
Six Pence
a piece, of any Sort.
Item
. For all such
Black Cattle
as are brought from
Scotland
, which have, for many Years, been exempt from Paying any
Duty
: The Importer may now be obliged to make Entry of all such
Cattle, Sheep
and
Horses
, at
Carlisle
or
Berwick
, and there pay for each Head of
Black Cattle
Two Shillings
.
Item
. That every Score of
Sheep
from
Scotland
shall pay
One Shilling
and
Eight Pence
,
Lambs
Ten Pence
; and for every
Horse
and
Mare
,
One Shilling
.
Some things are here Offered, making easie to be understood the Equality of Rates that is set upon those enumerated Commodities Proposed. The Method of Surveying the Rooms, and Collecting the Duties, as 'tis said in the Proposal; and with what little Trouble those great Sums may be brought, and that very suddenly into His Majesty's Exchequer
.
WE begin with a
Duty
upon
Rooms
, which may be Suvey'd thus: And that the People may not be disturb'd with seeing strange Faces amongst them, it will be best to have the
Constable
of every Parish and a
Church-Warden
, taking with them an
Officer
, appointed by the Right Honourable the
Lords of the Treasury
, by deputation, who may survey each House, not so early in the Morning, as to disturb the Family, nor at Dinner-time, nor late at Night; so having made their Entry of the Number of
Rooms
in every House that are chargable with the
Duty
, they shall fairly Write a List thereof, Signed under their Hands, and present the same to the
Justices of the Peace
, at their Sessions, which may be kept as a Record, and a Duplicate thereof given to the
Collector
or
Collectors
in their Districts, who is thereby to receive the Moneys, either at a convenient Office, appointed for that use; or, otherwise, as may be thought or found most convenient for the Subject.
Next, We will shew the Easiness and Inconsiderableness of this
Duty
in its self, though, in the main, much Money will come in by it. We will say, that no Person of Quality Paying this Duty, or indeed any else, will, in a little time, know or trouble themselves with the Payments: For, we do affirm, That if they will spare out of their Kitchin, in one whole Year, the Expence but of one quarter of Beef, out of their former Consumption, that Money will discharge the Duties laid upon their
Rooms
, or expended in
Salt
. For we say, a Person of Quality will have eaten in his House, and that very often, a quarter of Beef, which will cost
Forty Shillings
; and it is a great House that will be charged with Thirty Rooms, and then will remain for
Salt Ten Shillings
; and so in a private Gentleman's Family, a quarter of Beef will cost
Thirty Shillings
, and the House will seldom have more than Fifteen Rooms to pay for, and the remains will discharge the
Duty
of
Salt
with Advantage; it will likewise be so in all other Families. As for all Publick Houses or Lodgings, that Money will readily be paid; for they will soon receive the same again from such as lodge or deal with them. The Tenant must answer the
Duty
, and the Landlord and he shear the Payment equally if they think fit. The Houses once surveyed are never to be so again; but Additions and New Houses are to be surveyed. A House wherein there is no Dweller is not to be surveyed, until the Landlord or Tenant be Possess'd, or Dwelling there. It is hop'd thus much may serve, to shew the Cheapness and Easiness of this
Duty
, and the Rule to survey by.
Next is
Salt
; That
Duty
is not here, as in
France
, forc'd upon the Subjects, and they obliged to take
Salt
either according to the Quality of the Person, or Number in Families; and though the
Duty
be considerable in the whole, and will Raise, as is Proposed, much Money; yet being spent in private Families, and in none above Six Bushel in a Year, the way before-mentioned, as to Expence of all private Houses, may satisfie how easie it is to all sorts of People: If so for private Families, From whence will these great Sums arise that have been Proposed? It is Answered, That though the
Fishery
and over-Sea
Salt
be provided for, yet the Quantities spent in Serving the Royal Navy, the Victualling of it, and all Merchant Ships, and such as Trade into all Parts of the World; as also, in all sorts of Flesh or Fish that are cur'd at Home, and sent Abroad, and in making of Cheese, and saving of Butter; all which cause the Expence of
Salt
to be very great, and the
Duty
returns again insensibly into the first Depositor of the Money: And a great Happiness in this, and in the other Proposals, is, That no Man is forc'd to Pay any of these
Duties
, but such as please, and have Occasion for them.
The next is
Tallow
: That
Duty
may well be paid, and Collected with as much Ease as any other: It will bring in much Money; the particular Ways of Expence, and of other Commodities made from it, may be sufficient to evince the same, as is expressed in the Proposal.
As for the
Duty
of
Malt
, it is hoped what has been said in the Proposal may be sufficient, and needs not any further Arguments.
And as for
Woolen Manufactures
, what is said of them may be thought a very easie
Duty
, there being no
Duty
laid upon
Wool Unwrought
; and, in a few Months, the Payer will not well know, or at least consider, when he has paid it.
And so for
Hats
, no
Duty
being on
Wool
, the
Felts
need not be much advanc'd in their Rates, nor other
Hats
, none being obliged to Pay, but left to their selves, either to Buy, or not to Buy.
Now, for all
Tann'd Leather
, no other being Chargeable;
Great Hydes
at
Two Shillings
,
Less
at
One Shilling
, and
Calves Skins
One Shilling per
Dozen. None need to fear it will much advance the Price of either
Shoes
or
Boots
, if the People be Justly dealt withall.
As for Example. One
Ox Hyde
and a
Cow Hyde
, with Two
Calves Skins
, will make Twenty Four pair of large
Shoes
, which will not (according to the
Duty
laid upon them) come to more than
Two Pence
a
Pair of Shoes
; and what great matter is this; for some wear but one Pair, others Two, some Three, and very few Four in a whole Year; so that
Two Pence
a Pair will just pay the
Duty
on
Shoes
. But it were good a
Proclamation
were set forth to assertain the Rates upon several Commodities, that the Subjects might not be impos'd upon by the Injustice of the Sellers; yet it is believed that few Buyers would be pleased to be confined, thinking their Pennyworths the worse for being Cheap.
And for
Silks
, what hath been said in the Proposal, may be thought sufficient; for it is certain, never were there more Worn or Imported than when a great
Duty
was upon them; nor was it ever known in this Kingdom, that any
Duty
or
Imposition
, laid upon any Commodity, either Foreign or Domestick, did ever hinder the Sale or expence thereof; and it is well known, that very great Advantages has befall'n the
Brewers, Vintners
, and
Victuallers
, and all Trading in
Liquids
, since
Duties
have been laid; some in Ten Years Buying Estates of several
Hundred Pounds
per Annum
; so it is concluded, That the
Duties
and
Impositions
upon Eating, as well as Drinking, and other ways, will never hinder Trade, or lessen the Consumption of any Commodity, as is said in another Place.
If it be thought that the
Duty
on
Great Cattle, Sheep
,
&c.
will heighten the Prices of
Meat
; that is little to be feared, if the
Butchers
be any ways Just. For instance, we will set down but One Rule; as thus, An
Ox
or
Cow
under the Price of
Ten Pounds
, pays
Five Shillings
Duty; that
Ox
or
Cow
being killed may Weigh Six or Seven Hundred, and some a Thousand Weight: Now, to bring this to a Certainty, we will reduce the same to Five Hundred, at Six Score to the Hundred, the said
Ox
or
Cow
we will divide into Five Quarters; one of which being the
Hyde
and
Tallow
, we will lay aside, there being a
Duty
intended on them; and then the other Four Quarters we will charge with the
Five Shillings
Duty, and taking the Weight of every Quarter to be Six Score Pounds, the
Duty
to be paid again to the
Butcher
, will charge the
Beef
but with half a
Farthing
a Pound at the most: And as for
Great Sheep
, the
Duty
being but
Four Pence
a
Sheep
, will not be near a
Penny
a Quarter; and where then is this great Cause for Fear.
And now, to draw towards a Conclusion, 'tis Humbly Proposed, that these several
Duties
, whether called by the Name of an
Aid
, or the Name of a
General Contribution
, for Easing, Quieting, and Settling the Minds of the Subjects, during the
New Coynage
; or a
Tax
, or a
Necessary Gift
, or a
Seasonable Supply
, an
Excise
, or
Imposition
, it matters not much under what Denomination it goes; but we are sure, the
Duties
will not fail of being well and readily paid. These things being Granted and Settled, either for Carrying on the War against
France
, or as a Fund for Raising
Two Millions
, for the Enabling His Majesty to take in, and make good to His Subjects, all manner of Damages they might sustain by their having Received any
Clipt
or
Counterfeit Money
, or through Ignorance, any
Mixt
or
Base Metal
, of what Kind or Nature soever, that had the Face of Majesty on it.
And it is also Humbly Proposed, That until such time as Money can be Coyned, all
Bad
and
Clipt Money
may be suffered to pass from Hand to Hand, until it comes to be paid by
Taxes, Loans, Customs, Excise
, or any other way, into the Receipt of the
Exchequer
; and that
Guinneas
also be suffered to pass in Payment, as now, at
Thirty Shillings
. By these Ways, all such Money will be brought into the
Exchequer
in a very little time; and, it is hoped, in much less than a Year, not one piece of
ill Money
will be seen or found in the Nation: The Shortness of the Time will hasten the Money into the
Exchequer
, and so leave very little room for the
Clippers
: But Care must be taken to prevent our Neighbours trumping upon us in the little Time allowed for such
Guinneas
and
Money
to pass. These are Means, if well apply'd, will Ease the People that are now Distracted, they having no Sort of Money that will enable them either to Pay their Debts, or, indeed, Buy Bread for their Families, but at double Rates. The Way and Method to be used for Commanding all Persons, as well to Receive, as Pay what Sorts of Money they have, and so to pass from Hand to Hand, until it be lodg'd in the
Exchequer
, as is afore-said, and disposed of according to Order, is wholly left to the Great Council of the Nation.
The Subjects upon this will be wonderfully satisfied, and all the small Trades be kept on with Pleasure: From hence we may take a Prospect of the future Happiness and Greatness of our Nation, which will be the most Glorious of all her Neighbours, who will be much disappointed in their Measures concerning our Government: And as we, who are now Living, have cause, so those that succeed us, will have great Reason to acknowledge the great Prudence and wonderful Actions of the
Parliament
of
England
in the Year 1695/6 Under our Great and Glorious, and also Victorious King
WILLIAM
, whom we Pray may long Reign over Us.
And now, should these
Duties
be thought fit to be laid, and continued for some Time, we do believe there will not (during the Continuance thereof) be any Need or Cause of laying the former, or any other
Tax
, on
Lands
, which being the standing Prop of the Kingdom, ought to be secur'd, as much as possible, from
great Taxes
.
FINIS.
England's Path
TO Wealth and Honour IN A DIALOGUE Between an
English-Man
AND A
Dutch-Man
.
LUKE V.4.
Launch out into the deep, and let down your nets for a draught
.
The second Edition with Additions
.
LONDON
: Printed for
Sam. Crouch
, at the corner of
Popes-Head-Alley
, over against the
Royal-Exchange
in
Cornhil
, 1700.
TO The Most Noble
Thomas
Duke of
Leeds
Marquiss of
Carmarthen
, Earl of
Danby
, Viscount
Latimer
, Baron Osborne of
Kiveton
; AND KNIGHT
of the most Noble
Order
of the
GARTER. GOVERNOUR
of the Royal
Fishery
of
ENGLAND.
May it please Your
Grace,
NO Person having spent more Money and Pains, than Your
Grace
to Reestablish the
Fishery
of
England
; I presume to Dedicate to you the following
Dialogue
: Not that I have the Vanity to believe this my poor Mite can make any Addition to Your Graces Great Treasure of Knowledge: But as believing the Fact in this Little Book contain'd, so true it might safely appear before the Best of Judges.
With all Respect I am,
Your Grace's most Humble most Faithful most Obliged and most Obedient Servant
James Puckle
.
PREFACE
.
THE Highlands of
Scotland, Wales, Biscay, Switzerland
, and other Countries (not worth the conquering) continue still in possession of their Aborigines: Whereas,
England
being a Country (as was said of the Tree of Paradice) good for Food, pleasant to the Eyes, and to be desired, hath been possessed by Five several Nations, and coveted by many more.
Yet view its Coasts they'l appear Bold, and but thinly Inhabited, and the Civil Wars of our Island having occasioned the demolishing of its strong Holds, in case of Attack how can we be defended against Foreign powerful Enemies, but by a Naval Power.
Allowing us Masters of more Tall Ships than any of our Neighbours. What Security can a numerous Navy afford, if Marriners be wanting.
Whether
England
wants Marriners best appears by our turning 'em o're from Ship to Ship, by our long, long Embargoes, and yet excessive Charge in Pressing, and by so many of our Ships being lost (during the late War) for want of their Complement.
Nor can the Number of our Seamen be readily Encreast, without Establishing a
Fishery
. For Men of War and Merchantmen spend many Marriners and breed Few, the great and best Nursery for Seamen is the
Fishery
; where each Dogger brings up (it may be) Six, Eight, or Ten, new Men every Year, and the Fishermens Business lying where our Ship's Danger lies, makes them know how the Sands shift, where the Rocks and Shelves are; consequently most able Coasters and admirable Pilots.
Besides by frequent riding out great Storms in small Busses and Doggers, Fishermen become so steeled and habituated to Danger, that in Tempests and Engagements they work Wonders; and the Fish lying upon our own Coasts, the Men we employ to catch them (though out of his Majesties Pay) will be ever at Hand, and so ready for Service, as to make our watchfullest Enemies despair of surprizing us.
Again
"A due Care for our Poor, is an Act of great Civil Prudence and Political Wisdom, for Poverty in it self is apt to Emasculate the Minds of Men, or at least it makes Men tumultuous and unquiet, where there are very many Poor; the Rich cannot long or safely continue such; necessity renders Men of Phlegmatick and dull Natures, Stupid and Indisciplinable, and Men of more fiery or active Constitutions, Rapacious and Desperate.
L.C.J.Hale
in his Discourse touching Provision for the Poor
.
The Poors Rates of
England
(besides Voluntary Charity) amounts to near a Million
per Annum
; by which its Evident, what vast Numbers of Beggers and Idle Persons live upon the Publick without return of Labour for their Bread; now Beggars Children (if not destroy'd in the Womb, or at the Birth) being bred up in Want and Laziness: Become of unhealthful Bodies, and more than ordinary subject to many loathsome Diseases, whereof abundance die in their tender Age; and such as attain to riper Years, by idle Habits contracted in their Youths, are rendred for ever unapt and undisposed for Labour, and serve only to stock the Kingdom with Theives and Beggars: So that without a due Care for Relief of our Poor in a way of Industry, they'l daily Encrease.
Suppose, to employ our Poor any one Manufacture be encouraged: It may perchance remove the present Trade of one City or Country to another, and occasion such Complaints as the
Button-Makers
(not long since) made against Cloath Buttons, yet leave the generality of our Poor destitute of a convenient Support and Provision.
Nay, could we at once Encourage every Manufacture in
England
, encreasing our Manufactures and not our Food, would only lessen the Misery of our present Poor by sharing it amongst all the People of the Kingdom.
The most effectual Expedient then to employ our Poor, is to Establish a
Fishery
; which by affording them at once both Food and Employment, would quickly turn the great Burthen of our Nation into an equal Benefit.
Much more might be said to this Purpose; but at present shall only add that within thirty Years past, our active Neighbours the
French
have encreased their Navigation to a Proverb. Given
Europe
much disquiet, and cost
England
(in particular) abundance of Blood and Treasure. But had not
Englishmen
been guilty of more than
Spanish
sloath in not putting forth their Hands to take that Rich blessing, (the
Fishery
) which Providence by placing upon our Coasts, courts us (as it were) to receive all our Sovereignes (as well as Queen
Elizabeth
,) might have bounded the Numbers of the
French
Fleet, and by the blessing of God have been
Pacis Europæ Arbitri, Maris Domini & Vindices
.
A NEW DIALOGUE Between an
ENGLISH-MEN
AND A
DUTCH-MAN
.
GOOD morrow Friend, what art musing on?
Considering the Extent of these your Dykes, I was thinking what excessive Charge and Pains
Holland
is yearly at to defend it self against invading Waves: Whereas the Sea that encircles happy
England
(Barrier like) fenceth it against Surprize and Ravages, exempts us from the Charge and Terrour of Garrisons and Fortifications, and (with our Floating Castles) continues to us that quiet Liberty and Security the rest of
Europe
more or less have lost.
What though
England
be fenc'd in by the Seas, happier
Holland
hath a mighty Ocean of Wealth to defend it, and Money you know is the Sinews of War.
The cold Winds (being moistened by the Vapours, or softned by the warmth of the Seas motion before they reach our Islands) are less fierce, and the Air is far more Mild and Temperate (if not more Healthy) than any part of the Continent under the same Climate; so that we have no necessity for Grotto's in Summer, or Stoves in Winter.
In my Opinion, that Country is still Happiest that is stored with the Richest growths and products for Trafick and Commerce, and the Air ever best where most Money is stirring; for Poverty and Want will render People unhealthy in all Climates.
England
abounds with Mines, Rocks, Pits and Quarries of
Darbyshire, Nottinghamshire, Staffordshire,
Aliblaster,
Darbyshire
,
Antimony,
Cornwall
,
Ardois,
Cumberland
,
Blacklead,
Sussex
,
Chalk,
Darbyshire
,
Christal,
Dorsetshire
,
Tobaccopipe-Clay,
Carmarthenshire, Cumberland, Durham, Lancashire, Leicestershire, Northumberland, Shropshire, Staffordshire, Yorkshire
,
Coals of divers Sorts,
Cornwall, Cumberland, Darbyshire, Staffordshire, Yorkshire
,
Copper,
Bedfordshire, Surrey
,
Fullers-Earth,
Dorsetshire
,
Freestone,
Darbyshire, Durham, Gloucestershire, Hampshire, Shropshire, Staffordshire, Warwickshire
,
Iron,
Somersetshire
,
Lapis Calaminaris
to make Brass,
Devonshire
,
Loadstones,
Cardiganshire, Carmarthenshire, Darbyshire, Devonshire, Durham, Staffordshire, Yorkshire
,
Lead,
Darbyshire, Dorsetshire
,
Marble,
Anglesey, Cheshire, Darbyshire, Flintshire
,
Milstones,
Nottinghamshire
,
Plaister harder then that of Paris,
Carmarthenshire
,
Potters-Oar,
Cornwall
,
Slate,
Cheshire, Cumberland, Worcestershire
,
Salt,
Gloucestershire
,
Steel,
Cornwall, Devonshire
,
Tinn,
Darbyshire
.
Whetstones,
&c.
Upon its Coasts are found
Norfolk
,
Amber,
Cornwall
,
Ambergrise,
Whitstableshallow
,
abundance of Copperice Stone,
Norfolk
,
Jet,
Cumberland
,
Pearls,
Cornwall, Gloucestershire
.
fine Pebles, transparent like Diamonds, also Flint, Varrack,
&c.
to make Glass: Besides (not to mention the Rich Commodities yearly Imported from its Fruitful Plantations, that are to it as so many Mines Of Treasure,)
England
affords Plenty of Corn, Cattle, Fowl, Fruit, Pulse, Leather, Wool,
&c.
Whereas,
Holland
produceth nothing but a few Hops, Madder, Butter and Cheese.
The whole Product of our Island is nothing, when compared to the
So the
Dutch
in a Proclamation 1624. stiled the Fishing Trade
.
Golden Mines
of our Provinces, which have yielded us more Treasure than the Mines of
Potosi
, or both
Indies
to
Spain
.
The
Golden Mines
of your Provinces; Pray where do they lie?
In Neptunes
Store-pond
, which the
English
call their Seas.
Our Famous
Edgar
with a Navy of Four hundred Sail, vindicated his Dominion on our adjacent Seas, and Records mention his Successor
Canutus
to have laid that ancient Tribute called
Danegelt
, upon all (whether Strangers or
Denizons
) trading on our Coasts or Seas.
Egbert, Althred
and
Ethelfred
, all stiled themselves Supream Lord's and Governour's of the Ocean, surrounding the
Brittish
Shore.
King
John
Anno
1200.
challenged the Honour (or rather) Duty of the Flag, universally paid us, not barely as a Civility, but as a Right (
debità Reverentià
) Acknowledging our Title and Dominion.
The Famous Record entituled
Pro hominibus Hollandie
, shews how Obsequious your Ancestors were, not only in acknowledging
Anno
1295.
Edward
the Firsts Dominion on the Sea, but craving his Protection and Permission to Fish on the Coast of
England
: And had not the Sovereignty of the
Brittish
Seas in fact been in the Crown of
England
, why did the
Rot. Pat.
23.
Ed. 1st. memb.
5.
Earls of
Holland
Petition
Edward
the Third (and the
Rot.Pat.
22.
Ed. IVth. memb.
2.
French
our
Henry
the Sixth) for leave to Fish therein? And why did your
Camden's Brittania
,
Skippers use to purchase License from
Scarborough
Castle, before they presumed to cast a Net upon the
North
Coast of
England
? Wherefore did
Phillip
the Second of
Spain
,
552.
obtain License of Queen
Mary
for his Subjects to Fish upon the
North
Coasts of
Ireland
for the Term of Twenty one Years, for which, was yearly paid One thousand Pounds into the
Exchequer
of
Ireland
as by the Records appear?
A Fig for your mouldy Records: I say the Sea is as free to Fish in as
As the Roads of
Holland
are to Travel in, where both Natives and Foreigners are forced to pay passage
Ghelt
.
Don't Interrupt me
Sir
; I say, the Sea is as free to Fish in as the Air to Breath in, who doubts it, may read our Great
Hugo Grotius's,
Mare liberum
.
Grotius
in his
Sylvæ
upon the
Inauguration
of King
James
(before he was perverted by the Importunities of his Country Men,) speaking his Thoughts freely say's,
Tria Sceptra profundi
In magnum coiere Ducem
.
The Rights of the
English, Scottish
and
Irish
Seas, are united under one Scepter; neither is he satisfied with that bare Profession:
Sume Animos à Rege tuo qui dat Jura Mari
.
Take courage from the King that giveth Laws to the Seas.
And in the same Book in the contemplation of so great a Power, he concludeth.
Finis hic est qui fine caret
, &c.
This is an End beyond an End, a Bound that knows no Bounds, which even the Winds and Waves must submit to.
And if you remember when King
James
observed your Encroachments, he enjoined his Ambassadour Sir
Dudley Carleton
to Expostulate it with your States, as may be seen in Mr. Secretaries Letter,
21.
Dec.
1618.
wherein he tells them,
"That unless they sought leave from his Majesty and acknowledged his Right, as other Princes had done, and did, it might well come to pass, that they who would needs bear all the World before them by their
Mare Liberum
, might soon endanger their having neither
Terram, nec Solum, nec Republicam liberam
: So much did that Wise Prince disdain to be wrangled out of the Antient Rights, and Regalities inherently annexed to his Crown, by the subtle Arguments of Wit and Sophistry.
Don't tell me of King
James
, I say, that the Sea is free for every Body, and defy you to shew the Contrary.
Why then do the
Venetians
exercise Dominion in the
Adriatique
, and the
Tuscans
Lord it in the
Tyrrhene
Seas? How comes it to pass that all your Skippers pay Toll to
Denmark
for passing the
Sound
, and to
Sweedland
for sailing in the
Baltick
? Wherefore doth the Republick of
Genoa
, let to Farm the
Fishery
for
Teunies
in their Neighbouring Seas: And the Emperour of
Russia
compel all Fishermen (within his Seas) to pay him Tribute: How is't that the like is done by the Duke of
Medina Sidonia
in
Spain
, and by all the Princes of
Italy
bordering on the Seas? Nay, wherefore do the
Dutch
Stile themselves Lord's of the
Southern
Seas, and allow far less Liberty in
India
than they take upon the
English
Coasts.
But to wave this Dispute: Pray
Sir
, how many Labourers have you in your Golden Mines as you call'd 'em.
Upon taking an Account of the several Trades and Employments, by which the
Dutch
subsisted (in order to find which best deserved the Protection and Encouragement of the Publick, it appeared that in
Anno
1668.
The Subjects of the States General were
Pol. Gron & Maxims Van Holl. Page
43.
Two millions, Four hundred and Fifty thousand, of which (besides those employed in the Inland
Fishery
,) Four hundred and Fifty thousand were then maintained by Fishing at Sea, and the Trafick depending thereon; since which time we have much encreased the Numbers of our Fishing Busses and Doggers to the great Encouragement of our Navigation, and all Trades depending on the
Fishery
?
Which are they?
Anchorsmiths, Bakers, Ballestmen, Basketmakers, Blacksmiths, Brewers, Butchers, Carpenters, Caulkers, Clapboard-splitters, Compass-makers, Coopers, Duck-weavers, Hemp-dressers, Hook-makers, Hoop-slitters, Joyners, Line-makers, Marriners, Mast-makers, Net-makers, Net-tanners, Plummers, Pully-makers, Pump-makers, Rope-makers, Sail-makers, Sawyers, Ship-chandlers, Shipwrights, Tallow-chandlers, Thread and Twine-spinners,
&c.
to the no small Profit of the Makers and Venders of all Materials, Tools and Utensils belonging to those Trades, and of all Tradesmen that make or sell Culinary Wares, Bedding, Cloathing,
&c.
for Marriners; to which may be added, Packers, Tollers, Dressers, and Couchers to carry, sort, and make the Herring lawful Merchandize, also Porters, Carmen,
&c.
In a word, you can hardly cast an Eye upon any sort or condition of People, but are the better for our
Fishery
, and the community most of all.
Pray where, and at what times of the Year do you fish for Herrings?
In the beginning of
June
, the Herring rising about two Leagues off
Cranehead
(the outermost part of
Bratio-sound
,) stay there about fourteen Day's, thence go to
Farry
Islands (seaven Leagues to the
Southward
of
Shetland
,) round which they remain one and twenty Day's, thence to
Buffinness
(about thirty Leagues to the
Southward
of
Farry
Island,) the Fishing place is called
Buffin-deeps
, and is twenty Leagues to the
Northward
of the
Frith
, where the Herring abide about fourteen Day's, and in the Fishing ground under
Chivit-hills
and
Chivit-chace
about fourteen Day's, thence we follow them to the
Dogger-bank
, where they stay about thirty seaven Day's; about the beginning of
September
, they come into
Yarmouth
Seas, where they continue near seaventy Day's, from whence they fall to the
Southward
, followed by small Fishermen, it being dangerous for Busses.
What quantities of Fish are yearly taken by the
Dutch
?
About
L.v. Aitzma.
Anno
1653.
Three hundred thousands Lasts.
This confirms Sir
Walter Rawleigh's
Observations presented to King
James
,
Anno
1633.
and shews that the Learned Sir
John Burrough's
in his Sovereignty of the
Brittish
Seas, upon good Grounds affirmed that the Fish yearly taken by Strangers upon our Coast's, did amount to
Page
140.
above Ten millions of pounds Sterling: But pray
Sir
, where have you vent for all your Fish?
At
Artois, Brabant, Bremen, Cleveland, Cologne, Dantzig, Denmark, Elbin, Embden, Flanders, France, Frankford, Germany, Gulickland, Hamburgh, Henault, Holstein, Italy, Liefland, Lithuania, Lubeck, Nerva, Norway, Poland, Pomerland, Portugal, Prussia, Quinsbrough, Revel, Riga, Russia, Spain, Stade, Stratten, Sweedland
, &c.
Are you never afraid of glutting the Markets.
No more than we are that People will leave eating, great part of the trading World being yet unserved, which is the Reason we yearly so much encrease the Number of our Doggers.
What Returns are made for your Fish?
Allum, Armour, Baratees and other
Frankford
Commodities, Brandy, Bullion, Clapboard, Coin, Copper, Corn, Currants and other
Grocery
Wares, Damasks, Dealboards, Dollars, Flax, Fruit, Furrs, Fustians, Glass, Hemp, Honey, Hulsop, Iron, Lace, Linnen, Milstones, Oyl, Pitch, Plate, Potash, Prunes, Rashes, Rosin, Sarsenets, Sattins, Silks, Skins, Steel, Tapstry, Tar, Timber, Velvets, Wainscots, Wax, Wines, and other things in abundance; the exporting of which Commodities a gain to other Countries, gives our Ships full Employment, so that they need not go in Ballast to seek Freight, but by the Profit of our outward bound Voyages, are enabled to serve Foreigners so cheap, as to render us the common Carriers of the World, consequently Masters of the most certain Profit in Trade; for when the Ships arrive safe in Harbour, though Merchants happen to loose by their Goods, yet Seamen are paid their full Wages.
Besides by continual Bartering of such Exports,
Holland
is rendered the mighty Store-house, and Empory of all Foreign Products and Manufactures, from whose infinite Miscellany of Goods its Inhabitants are compleatly furnished with such sortable Wares, as enables them to Trade from Port to Port without danger of glutting Markets.
And thus as our Fishery hath encreased, our Trade and Navigation; constant Employment hath still made Foreigners flock to us in such Numbers, that out of our Multitudes, supplying (from time to time) the loss of so many lives as the change of Climates, Successes against the
Portugeses
, and Victories against the
Indians
have cost us; we have forced Treaties of Commerce, Exclusive to all other Nations: Built Forts upon Straits and Passes that Command the Entrances into Places of great Traffick; Monopolized all the Spice Trade, and mightily advanced towards Engrossing the whole Commerce of the
East Indies
.
Well may you boast, that
Amsterdam
is Founded upon Herring Bones; and no wonder that notwithstanding your so frequent and chargeable Wars ever since your Revolt from
Spain
, there is hardly a Beggar in your Streets.
But if in
Holland
, which contains not above Five millions of Acres, its Bogs and Sandydowns excluded.
Holland
, where you have no Minerals, and where it is in vain to dig for any thing but Turf, and Clay.
Holland
, where you have no Tree but what you planted, nor Stone but what you brought thither.
Holland
, so much lower than the Ebbings of the Tides and Rivers, that at vast Expence you are obliged with Mills to drain the very Floods occasioned by the Rain.
Holland
, where notwithstanding your continual Charge (as was said) in repairing Banks and Dykes; frequent Inundations destroy Man and Beast for several Miles together, and then vast Sums (and whole Years) are spent e're the Land can be regained.
Holland
, where the
East
Winds coming to you o're a mighty length of dry Continent, extream Cold, and long Winters, put you to the expence of much Fire, Candles, Food and Rayment; and to great charge and pains in housing and foddering your Cattle, all which time (living on dry Food) they yield little Milk.
Holland
, so exposed to bleak Winds, that blast the Blossoms of its Trees, and Storms that shatter off e're ripe their Fruit.
Holland
, where that little Arrable Land you have, lying generally on sand or light Bottoms, requires much Soil, and where Seedtime is so short, that unless it be exactly nicked no Profit can be reaped; for when the Seed rots in the Ground (as by great Rains it frequently happeneth,) the Season is generally past before it can be Sown again.
Holland
, whose whole Product is scarce sufficient to serve
Pol. Gran & Maxims van Holland
, Page 44.
one Eighth part of its Inhabitants, consequently the rest are obliged to purchase the so necessary Commodities, Food, and Rayment of Neighbouring Countries at the Rates they can get them.
Holland
, whose Territories extending upon powerful Neighbours, To defend it's Frontiers, and draw out a War in length by Sieges, in order to determine it, by force of Money rather than of Arms; you are obliged to be at vast Expence in Fortifications and Standing Troops, to defend them even in the time of the profoundest Peace, for instance
Anno
1670. After all Reforms, you had Ten Regiments of Horse and Nineteen of Foot, making together Twenty six thousand Two hundred Men, the constant Charge of which Forces was 556281
l.
Sterling
per Annum
.
I say, if in
Holland
naturally loaded with these Disadvantages and Misfortunes, and all their ill Consequences; notwithstanding you are
Sir
William Temple's
Observation on the United Provinces
,
Bridled with hard Laws, terrified with severe Executions, environed with Foreign Forces, and oppressed with the most cruel Hardships and variety of Taxes that were ever known under any Government
. Your People are become so numerous and wealthy, by Fishing upon our
Northern
Coasts.
Did we in
England
diligently apply our Selves to the Fishing Trade, what a continual Sea Harvest might we reap, whose Coasts so abound with Cod, Hake, Conger, Whiteings, Scate, Sprats, Soals, Oysters, Salmon, Pilchards, Turbets, Thornbacks, Mackerel, Herrings, or Ling, all the Year long.
Why e'ne such a Sea Harvest as the
Hamburgers
did (who after five or six Years trial to Imitate us in the Herring Fishery,) found to their cost we still outdid them, and so we shall you.
The Reason why you outdid the
Hamburgers
, was because they were yearly Frozen up
Lex. Mercator. Fol.
171.
somewhat longer than you, but seeing by that Start you could out strip them, surely we need not fear the Goal; who (besides what has been said,) have in Fishing many more Advantages of you, than ever you had of the
Hamburgers
.
The generality of your Countrymen are of another Opinion.
I am not Ignorant what Industry has been used to Poyson my Countrymen with an Opinion, that none but
Dutch-Men
can thrive by Fishing: But unprejudiced Persons upon examining the Matter will find.
The
Dutch
have above an hundred Leagues to Sail before they come to the
Herring Fishery
, which is only in the
Brittish
Seas, and when there, must lie at the mercy of the Winds for want of a Port to Friend, and in case of Unloading have as far back again, which takes up a great deal of Time, hinders Business, and endangers the loss of their Markets: Whereas, in
England
we have the Fish upon our own Coasts, so near our Shoars, that in case of Storms, Unloading, taking in of Provisions, or the like, it is but four or five Hours work (commonly not so much) to recover an Harbour, and without loss of time put to Sea again; the work of Unloading, Repacking, and sending our Fish to Market going on in all Weathers.
And have not we Dogger Boats to take off our Fish at Sea, and refurnish the Fishermen with Cask, and other necessaries.
Yes
Sir
, and you have the charge and risque of those Dogger Boats too (both which the
English
save) after all if it happens to be a Rowling Sea, you must lie by and wait for a Calm.
What other Advantages can you boast?
England
, hath many convenient Tidehaven-Ports, as at
Hull, Harwich
, and Holy Island to the
Northward
, and
Dover, Rye, Portsmouth, Southampton, Cowes, Weymouth, Dartmouth, Catwater, Hamose, Fowey, Falmouth, Hilford, Scilly
, and
Milford Westward
, where at low Water all of them are small Chingle or hard Sand; so that our Vessels may easily haul a shore, and Wash and Tallow at Pleasure; nor are Creecks and commodious Places wanting in
England
to lodge our Busses and Doggers safe when not employed, so as to prevent wear of Cables, charge of Watching, danger of Fire,
&c.
What else?
The Shores of
England
are bold, its Coasts high-land, easily discovered, several of our Cape-Lands opposite to
France
and
Holland
, make
Eddy-Bayes
whose depth of Water is mean as six, eight, ten, or twelve Fathom the Tides (on our own Coasts) are small Anchor hold, generally stiff Clay, Chalk or hard Gravel, so that we need not dread Winter Storms, besides the Advantage we have of lying in a moderate Climate, and in the very Center of the Trade of
Europe
, affords us opportunity of sending to Forreign Parts, from divers of our Ports at all Seasons of the Year: Whereas the Coasts of
Holland
are extreamly Low, subject to be Hazy and Foggy, have many Shoals and Sands, some of which lie so far off at Sea, that frequently Ships are Stranded before they see Land; its Ports are bad, and often choaked up with Quick-sands; its Haven's yearly frozen up two or three Months together: And the
North west
Wind (usually blowing the greatest part of the Year) makes
Holland
a Lee, and
England
a Weather-shore, so that (oft times) whil'st you are Wind bound or Frozen up at home, we can supply the Markets abroad.
Besides, wanting Wood at reasonable Rates, you cannot share with us in the Red-herring Trade.
As for Pilchards, they cannot be well cured unless brought Fresh on Shore, and being taken on our Coast's, will be Stale e're they can be carried to Your's.
Not to mention our Rich New
England Fishery
, our
Western
Ports are incomparably scituated for the
Newfound-Land Fishery
, and the Country it self belonging to the Crown of
England
, you can have no footing there.
Near the Pile of
Foudray
in
Lancashire
, and in several other Places along the Shores of
Wales
; we can Fish even without the Charge of Busses, for by only setting Nets on the Sands at low Water, great quantities of Herrings are taken next Tide of Ebb.
Those Herrings on the Coast's of
Lancashire
(coming newly out of the Ocean) are so fat they will not take Salt kindly, consequently are apt to Reast.
We now find by Experience, that fat Herrings being pressed and cured like Pilchards, take Salt kindly, and yield Store of Oyl, to the great Encouragement of our Ship-wrights, Curriers, Soap-boylers,
&c.
How chance this Method was not found out sooner?
Dies Diem docet
; those noble Salt Rocks in
Cheshire
, (sufficient to supply all
Europe
) have not been many Years discovered.
Besides, of a Stone abounding in
Shropshire
, much Pitch is now made of so Excellent a Nature, Heat only causeth it to penetrate deeper into Plank, and Cold cannot make it crackle off; both which are Advantages
Holland
can't pretend to.
What more?
The Coast's of
Wales
abound with Ash; which as far excels other Wood for drying Herrings, as its Bark doth all others for tanning Nets: Nor do we in
England
(as you) want Willow-hoops from
Hamburgh
.
Notwithstanding all the Advantages you speak of your Chief Fishing Towns,
Yarmouth
and
Laystoffe
, are beholden either to us at
Enckhuijsen
, or to the
French
at
Diep
, for selling them Nets?
Before the late War, they used to buy Sail Cloath of you to, but that now made at
Fulham
, &c. is brought to equal Perfection with your best Hollands-Duck; and as for Nets, the Towns you mention, have these seaven Years last past made most they used; and who knows, but that our Artisans (universally allowed the best upon Earth for Improvements) may in a little time as much Excel you in these Things, as they out do the
Germans
in fine Steel-works, which though they first Invented, yet we now make and sell to them:
But seeing you talk of being beholden: I think you are beholden to us, for selling you our Thames Lamprons wherewith you bait for
North
Sea Cod, else you might go ...... whistle for 'em.
Have you any more Advantages of us?
I omitted to tell you, that upon Exporting our Fish, we have the Benefit of a considerable draw back upon Salt.
If that were all, rather then suffer that Tide of Wealth that flows in our
Fishery
to be Diverted to another Channel; no doubt but our
States
will allow the
Dutch
the like Encouragement: But now I find you have told me all your Advantages.
Excuse me
Sir, England
affords Timber, Iron and Hemp; whereas, you are forced to purchase those Commodities in Foreign Countries.
Nevertheless, we have all Naval Stores in Barter for Herrings, which costs us little but the trouble of hawling up out of the Sea, which being considered, and how much the catching such Herrings (by employing and encreasing our Ships and Marriners, adds to the Wealth and Strength of our Country,) it conduceth far more to our Advantage, then if
Holland
had Naval Stores of its own Product: Whereas, to purchase
East
Country Wares, the
English
are yearly forced to Export much Coin, to the great exhausting of their Treasure.
We do not (as you) depend solely upon the
East
Country for Naval Stores; no, in case of Exaction or Rupture, we can be sufficiently supplied from our
American
Plantations.
But if a
Fishery
be Established in
England
, what should hinder us from having Naval Stores in Exchange for Herrings as well as you?
Your white Herrings are not so bright and good as ours.
Whil'st your Clapboard is floating from
Germany
, the Rhine draws out its Sap, and if we also soak the Corrosive Sap out of our Clapboard, which now discolours and preys upon our Fish, and like you, gip and salt the Herrings as soon as taken, they'l be every whit as bright, and good as Your's.
We build Cheaper in
Holland
than you do in
England
, and Sail our Vessels with fewer Hands.
Our Ships are much Stronger and Abler to brook the Seas than Your's, and will last twice as long; and as to your sailing with fewer Hands, we envy not your Happiness, whil'st (in proportion to your Tunnage and Number of Marriners) you yearly loose (by slight building and undermanning) far more Ships and Mens Lives than we, for which Reason, in above three Parts of the World, our Ships yield better Freight, where then lies the Odds? Which were there any, could be only in Merchantmen to carry our Fish to Market; Busses and Fisher Boats carry more Men to catch Fish than are needful to Sail them: And in the
Greenland
Trade, each Ship must have Three times the Crew that can Navigate her, to Man their Shallops when a Fishing, were not this true since in building,
English
Shipwrights know no Masters, surely we might easily cause our Ships to be built and manned after your Mode.
But supposing your Assertion true, if as all Ships that carry Corn to
Venice
, are permitted to Load Currants at
Zant
; so all Bottoms which Exported
English
caught Fish, might be allowed to return with a Loading of Naval Stores, without paying Alians Duty: That would set us upon even Ground with you, as to the Business of our
Fishery
.
Two thousand Five hundred Persons are hardly able in a whole Year, to make a Fleet of Nets for Five hundred Busses: Now
Englands
many wasts and unimproved Lands, shews its not half Peopled, and of those in it,
Consider.
How many Women and Children do just nothing, only learning to spend what others get.
How many are meer Voluptuaries, and as it were Gamesters by Trade.
How many live by puzeling poor People with unintelligible Notions.
How many by perswading credulous, delicate and litigious Persons, that their Bodies or Estates are out of Tune or in Danger.
How many by Trades of meer Pleasure or Ornament.
How many by Fighting as Soldiers.
How many by Mysteries of Vice and Sin, or in a lazy way of Attendance upon others, where then can you hope to find Hands to carry on your
Fishery
.
In
England
, we have Numbers of
French
Protestants, who fled from
Diep
and the Coasts of
Normandy
, &c. (bred to the Business of the
Fishery
from their Cradles) that (if setled in our decayed Fishing Towns) would as certainly make them Flourish as the Walloon and Burgundean Refugees planted by Queen
Elizabeth
1568.
at
Norwich, Canterbury
and
Colchester
, raised them (then so Poor) Cities, to such great Trade, Riches and Plenty.
In
England
, we have no Sumptuary Laws: So that Mercers not foreknowing Fashions, dare not lay out their Stocks till the Spring, at which time their sudden great Demands render Journey Men scarce, and oblige Weavers to draw in Numbers of Apprentices, who in few Months supply the Trade of the Nation; when being turned off, many (like the Inhabitants of the
Bath, Epson, Tunbridge
, &c. who live by exacting on Strangers in Summer), are ready to Starve for want of Employment before the next Spring.
Were a National
Fishery
established in
England
, our Gentry by causing their Footmen and Servants to rise early and employ their idle Hours in making Nets, might not only reap the Profit of their Work, but by accustoming them to Business in their Youths, beget in them such industrious Dispositions, as would prevent (what now too frequently happens) their becoming Beggars, or worse in Old Age.
The time of Labouring, and industrious People well Employ'd, is the best commodity of any Country; and were a
Fishery
established in
England
, how Advantagious would it be to the Publick: When all our disbanded Soldiers, poor Prisoners, Widows and Orphans, all poor Tradesmen, Artificers and Labourers, their Wives, Children and Servants, each vacant Interval may be getting a Penny by braiding and beeting of Nets,
&c.
The far greatest Part of
Englands
Droans, are neither so Young¸ nor yet so Old or Decrepit, but that they may either turn Wheels, spin Twine, braid or beet Net's, cut Corks, cast Leads, make Herring Spits, Norsels Swils, or Baskets, Gip, Spit, Salt, hang or pack Herrings, or at least tend Fires to smoak or dry them, pick Oakum or the like; and as a constant Employment of our Poor, will be a continual Ease and Comfort to them, by amusing and diverting them from thinking of their Poverty or other Misery; so will it alleviate the Nations Burthen, and in some measure be a Re-peopling of us too, by adding so many lost Hands to the Service of the Publick.
But still you want Marriners; whereas Sailers in
Holland
, are as Common as Beggars in
England
.
'Tis own'd, our want of Marriners enough at once to Man our Navy, and Collery, cost
London
, and the Dependencies upon the River of
Thames
(during the late War) above Seaven hundred thousand Pounds, only in the Price of Coals; by which may be guessed, how Detrimental it was to the Trade of our Nation in General.
But the more we want Marriners, the greater Reason we have to Establish a
Fishery
; which (as is shown in the
Preface
) is the best way to Encrease their Number.
The many Thousands
English, Scotch
and
Irish
Marriners, who now yearly Fish for you, would hardly seek work
abroad
, if a
Fishery
afforded 'em full Employment at home, and 'tis odds, but a finer Country, cheaper and better Food and Raiment, wholesomer Air, easier Rents and Taxes, will tempt many of your Countrymen to cross the Herring Pond.
Since the Peace is concluded and our Great Ships laid up, we have Marriners enough to being a
Fishery
; and as that goes forwards, it will proportionably encrease their Numbers.
Fishing is a Work, for which the
English
are unfit, and requires such skilful, industrious and robust Seamen, as no Country breeds but
Holland
.
Your learned
Keckerman
say's,
Omnibus Hodiè Gentibus, Navigandi, industrià & peritià Superiores esse Anglos
.
'Tis certain, our Mariners do as cheerfully undergo Hardships, and are as bold in Danger as any, and for hard Labour, the working of a Mine is incomparably harder than that of a Buss. No Country but Great
Brittain
can boast, that after twelve Hours hard Work, its Natives will (in the Evening) go to Foot-ball, Stool-ball, Cricket, Prison-base, Wrestling, Cudgel-playing, or some such vehement Exercise for their Recreations; and as for their
Genious
, its Remarkable, that such Lads and Country Fellows as at
Yarmouth, Laystoffe
, &c. are once hired into the Fishing Trade, and come to feed on the Fish they catch, it improves them at such a rate, that of pittiful weaklings at Land, they become healthful, stout and hardy Persons, and upon trial find it so much to their liking, that not one in twenty but take to the Sea for good and all.
English
Men are dainty Chap't, and when a Fishing cannot fare like ours.
It is certain, they need not for Meat and Drink in
Ireland
, and in many Parts of
England
are above as Cheap again as in
Holland
, which produceth no other Provisions (for Traffick) than Butter and Cheese, and those too are Cheaper with us than with you: Besides 'tis observed, that whatever
Dutch
Fishermen save by eating of
Grout
, they drink more than our's in
Brandy
.
The Act of the
18. Car. 2.
prohibits the Importation of
Irish
Cattle, to keep up Rents: Now catching much Fish (by hindering the Consumption of Flesh,) will make Lands fall.
Doubtless Plenty of Food, is a great Blessing of God, and no Good
Englishmen
will desire to grow Rich by a Famine.
Its generally the landed Men bear the Burthen of the Poor, without finding them Work, they must maintain them Idle: Where the Poor's Rates are High Lands will fall, and Rents be ill paid.
The cheaper Provisions are, the less Taxes will serve in time of War, House-keeping will be less Chargeable, and a less Rate maintain our Poor: But where Provisions are Dear, Work and Wages, will rise in proportion to the great Detriment of Husbandry, and stop to Improvements, which (
pro tanto
) will fall Rents; and raise all Manufactures, yet lessen their Consumption both at home and abroad, and Necessitate Masters for want of Vent (by turning off their Journeymen) to make whole Families of Beggars at once.
Catching much Fish, will Morally speaking, render
England
less subject to a Famine, which generally exhausteth more of our Wealth in one Year, than War doth in two.
Catching much Fish, will give work to many Thousands of both Sexes that now are cloathed in Rags, and (through Poverty) live only on Bread, Water Pulse, Roots, and the like, who when they come to have the rewards of their Labours in their Hands, will Encourage the Woollen Manufacture, by buying New Cloaths; and our Farmers by a greater Consumption of the Product of the Earth, By drinking Strong-beer, will advance the King's Excise by encreasing the Number of Tenants, raise our Rents, yet lessen our Poor's Rate and Taxes, by helping to pay them.
Catching much Fish, will occasion the expence of much Butter, and make our Farmers run much upon Daries, the Business whereof though performed by Women, turns to as good Account, as the hardest Labour the Husbandman can employ his Time in:
Put
case the Market should be over stock't at Home,
English
Butter is too Good a Commodity in
Flan ders, France, Spain, Portugal
, &c. ever to want Vent abroad.
The Cheaper our Provisions are, the more Navigation will be Encouraged, more Foreign Ships will Victual with us; fewer of our's in
Ireland
, and the more Beef, Pork,
&c.
shall we Export to
Barbadoes, Jamaica
, &c. so that supposing Meat should not always remain at a very excessive Rate, yet where a greater Consumption causeth a quick Market, though at a midling Price; if the Proverb be true, light gains will make a heavy Purse.
It is cheap Provisions that Enables the
Indians
to Supplant the
Europeans
in their Manufactures; and should a
Fishery
make Provisions in
England
but one Tenth part Cheaper, Wages would fall in Proportion, and our Artists grow never the Poorer, yet our Merchants be enabled (by underselling) to beat all the rest of
Europe
out of the Woollen Trade, and then our Farmers would gain far more by the rise of the
Fleece
, than they'd loose by the fall of the
Flesh
.
After all, the Profit of Land in
England
doth not wholy consist in Breeding, abate in Grasing, and plow up more Pasture, and
Flesh
will hold its Price.
Corn is so Cheap in
England
, your Farmers are often Broke by it, what then could you do with greater Quantities.
E.
The Reason why Farmers sometimes want Vent for their Grain, is because we have not always Store, and therefore Merchants makes no provision for the Trade. But if we yearly Sow such Quantities of Corn beyond the Expence of the Nation, as Merchants may be no less certain of a constant supply here than they are in the
Sound
(where the Country depends as much upon their Harvest, as
France
does on its Vintages,) Plenty would soon create a Trade, and the Advantage of
England's
lying so much nearer than
Dantzig
to the Places where Foreign Corn is exported, together with the Allowance granted by the 25.
Car.
2. upon the Exporting thereof, will sufficiently Encourage Merchants to deal therein.
Most of our Ships are now sent light to
Bilboa
, and
Lisbon
, (now what loads our Ships helps our Navigation,) and our Exports to
Lisbon
not answering our Imports from thence; the more we send them in Corn, the less their Wines will cost the Nation in ready Money, or Bills of Exchange which is all one.
Gold and Silver Mines
England
hath none, and in time of Peace no way to get Bullion, but by Foreign Traffick; to which, nothing can more conduce than cheap Fishing, and cheap Working and Manufacturing the Commodities, which compose the Exports of our Kingdom, and that is,
not
to be effected except Labour be Cheap, which it can never be where Provisions are dear: But the cheaper our Provisions are, the cheaper our Exports may be afforded, consequently the more Vent we shall have for them, and much Vent will cause many Workmen, and when the Wheel is set agoing, Trade begets Trade, as Fire begets Fire; and the more Trade encreaseth, the more will Industrious People from all Parts flock to us, and Tenant our Houses, enclose our Wasts, improve our Lands, encrease our Manufactures, and enlarge our Products, far beyond the whole Expence of our Nation, and thereby in Proportion add to its Wealth and Treasure, for Merchants exporting the Surplus, will in Returns bring back Gold, Silver, and other valuable Commodities, which in
England
that hath property by Succession of Contracts, will diffuse among its Inhabitants, and thus as the Number of Persons made Rich by their Labour and Industry encrease, and the Choice of Tenants and Chapmen are enlarged, a kind of Competition amongst them, must and will make Rents and Lands advance in Proportion: Witness
Holland
, and such of our Lands as lie near Great and Populous Corporations. So true it is, that
Trade and Lands are Twins, that always wax and wain together
.
Notwithstanding what hath been said, I advise all your Country Men not to be concerned in a
Fishery
, for in
Holland
we have Money at Three, whereas the Trade of
England
is burthened with Six
per Cent
Interest, consequently you can never keep pace with us.
Why do you not (for the same Reason) advise us, to forbear Trading to
East India, Turkey, Spain, France, Italy, Portugal
, &c. nay, to quit all Navigation, and abandon our Selves to the next Comers. Was it not the Fishing Trade gave rise to all your Wealth, and as Money grew plentiful in
Holland
, did not Lands rise gradually to near forty Years purchase, and Interest fall by degrees from Eight to Three
per Cent
? Why then may not we expect, that a
Fishery
will do the same for
England
, and be a means to regain our
Muscovy, Greenland, Norway
, and
East
Country Trades? For, still as Trade by encreasing of Wealth, causeth an abatement of Interest, abatement of Interest, will yet cause a further encrease of Trade.
The
Dutch
are already setled in the Fishing Trade.
Stately,
Genoa
, that once employed Forty thousand Hands in the Silken Manufacture, declines now as fast, as her formerly neglected Neighbour
Leghorn
riseth: And if the
French
King continues to court all the World with popular Immunities,
Leghorn
(in time) must give Place to her Sister
Marseilles
The King of
Portugal
having discovered the Passage to the
East Indies
Anno
1500.
by the
Cape
of
Good Hope
, and so diverted the Course of Trade driven by the
Venetians
, from
Alexandria
, and the Red Sea to his Port of
Lisbon
; kept Factors at
Antwerp
, to Vend there his
Indian
Commo dities; which drew several Merchants from divers Parts to reside there, and made that pleasant seated City the Pack-house of
Europe
: But when the
Dutch
Anno
1602.
also found the Way to the
Indies
, and began to Rival
Portugal
in that Trade, Merchants resolving not to loose the Advantage of their Skill in
Indian
Commodities by removing to
Amsterdam
, improved their own Estates but ruin'd
Antwerp
.
Trade like the Sea, its Element often ebbs and flows from one Place to another; not many Years since, we Imported Silk-stockings from the
Levant
: But now the Tide is turn'd, and we send them thither.
Projects in
England
, have of late proved very Unsuccessful.
What though some Men have run upon wild Notions, and catching at Shadows lost their Substance, that's no Objection against our
Fishery
, which is a certainty; for the
Sea
yields her
Fish
, as well as the
Earth
her
Fruit
in due Season: And
Neptune
hath been far more
Bountiful
to you than
Ceres
.
Have you drawn up a Method for Employing the Poor of
England
in a National
Fishery
?
I have attempted it, but find the well contriving the Business requires far better Heads than mine.
However let's see your
ESSAY
.
Here it is
Sir
, and may receive Alterations and Additions upon Consideration.
THE
PROPOSAL
.
1.
THAT towards raising a Joint-stock for Employing the Poor in a
National Fishery
, a Million be Subscribed.
2.
That the Money Subscribed be called Stock, and be Assignable.
3.
That every Subscriber, at the time of such their Subscriptions, pay to ...... One full fourth Part of his, her, or their respective Subscriptions; and in Default of such Payment, every Subscription to be utterly Void and Null.
4.
That the residue of the said Subscriptions, be paid by such Proportions, and at such Days and Times, as by a General Court of the said Subscribers, shall from time to time be appointed: And in Default of such Payment, that then the fourth Part first paid, as aforesaid, be forfeited to the Use of the Corporation, herein after mentioned, their Successors and Assigns.
5.
That the Subscribers be Incorporated by
Act
of
Parliament
(by the Name of the Corporation, for employing the Poor of
England
in a
National Fishery
) with perpetual Succession.
6.
That at a General Court to be held for the said Corporation, Thirty be chosen out of the said Subscribers, by plurality of Votes, and presented to the Parliament.
7.
That out of the said Thirty, Ten be nominated Fathers of the Poor, and Directors of the National Fishery by both Houses of Parliament, approved by His Majesty, and accountable to them for their Trust.
8.
That in case of Vacancy (by the Death, or Misdemeanor) of any one of the said Father's of the Poor (during Sessions of Parliament,) the said Corporation to present Three, out of which His Majesty and Parliament to nominate One, as before, and so
toties quoties
. But in case the Parliament shall not then be sitting, that such Vacancies be filled up by the Majority of the Surviving Father's until next Sessions of Parliament; and then the Corporation to present, and the
King
and
Parliament
to approve as before.
9.
That such Father's be Impowered to Constitute under the Seal of the said Corporation, a sufficient Number of Deputies in each County in
England
; and that such Deputies be, and be called Steward's of the Poor.
10.
That the said Father's and such Steward's of the Poor, be exempted from all Parish Offices.
11.
That the said Father's, and such their Steward's be vested with all Authority now in Justices of the Peace; and that all Parish Officers be subordinate and accountable to the said (Father's and such their Steward's,) in allthings (only) relating to Employing the Poor.
12.
That the said Father's and Steward's have Freedom to set the Poor on Work, about such of the said Trades relating to the
Fishery
as they shall think fit, with a
non obstante
to all Patents that have been, or shall be granted.
13.
That to prevent People from being opprest and ground to Poverty by Pawn-Brokers, that screw out of them 40 or 50
per Cent
; the said Father's may be allowed to erect LumberOffices in every City and Town in
England
exclusive of all others, upon Condition they take not above ......
per Cent.
per Annum
.
14.
That in all Churches (as in
Holland
) at every Solemn Assembly, the Church-Wardens with a long Staff, Bag and Bell during the Sermon, receive the Charitable Benevolence of the whole Congregation, and pay the same to the said Father's, who shall cause a true Account to be kept thereof, and apply it to the Erecting Hospitals in
London
and other Great Cities, wherein Poor Women near the time of their Travel, may be received and carefully Delivered, and remain till they are in a condition to return Home, and follow their Work: And if at the Years end, any
Overplus
of such Collections remain, that the same be yearly applyed for
Marrying
poor
Maids
.
15.
That until the Business of the
Fishery
be sufficient alone to give Employment to all our Poor, (or at least during Ten Years next after the Establishing a
National Fishery
,) the said Father's and Steward's of the Poor, may be Impowered to Imploy such of them as they shall think fit, in erecting Free-Schooles, Hospitals, Work-houses, and Ware-houses; for the Corporation, in making Enclosures, in repairing Sea Banks, draining Fens, cleansing and deepning Rivers and Havens, in building and repairing Churches, Bridges and Causeways, in mending Roads, in planting Oaks near Navigable Rivers, and Fruit Trees, in Inland Countries, also in cleansing of Streets, Commonshores and the like.
16.
That the said Father's of the Poor, be Impowered to send such Refractory Poor as they shall think fit, to serve in His Majesties Plantations, taking Security for their comfortable Maintenance during their Service, and for their Freedom afterwards.
17.
That all the Poor's Rates in
England
be Collected, as formerly by the Church-Wardens of each Parish, and by them quarterly paid into the Treasury of the said Corporation, as a Recompence for their providing for the Poor, and freeing the Nation from Beggars.
18.
That the Million Subscribed, be always kept Intire, as a Security to Indemnify the Nation against the Charge of the Poor; and the Income and Profit's be only divided amongst the Subscribers.
19.
That the Treasure of the said Corporation be accounted as Sacred, and that it be Felony to imbezel, lend, convert, or apply the same to any other Use, than maintaining the Poor, or carrying on the Business of the
Fishery
.
20.
That the said Father's may buy up when Cheap, a certain Quantity of Corn, Coals,
&c.
yearly, and lodge the same in their
Granaries
, for the Use of the Poor, but not make Merchandize of them, or sell them again in
England
.
21.
That the Stock in the said
Fishery
be not chargeable with any Rates, Duties, or Impositions whatsoever.
22.
That Debts due to the
Fishery
, for Goods by them,
bona fide
sold and delivered, take Preference of all others, Except those due to the
King
.
23.
That all Persons may Fish as formerly, and sell what they catch in
England
, but none Export any Fish but the
National Fishery
without paying them ......
per Cent.
24.
That the said Father's and Steward's, be Impowered to bind such single Persons to the Company, as the Church-Wardens and Overseers of the Poor by the Statutes of 43
Eliz.
2.1
Jac.
25.21
Jac.
28. and the 3
Car.
4. are Impowered to put out Apprentices, the Boys to Serve till Twenty four, and the Girls till Twenty one Years of Age; at One of the two and thirty Trades more immediately relating to the
Fishery
.
The Companies Interest will oblige them to Provide the best and soberest Masters.
How to prevent their Desertion can be shown beyond Objection.
The Boys being in the Fishing Season employ'd at
Sea
, and working at other Times at that Trade relating to the
Fishery
to which they were Bound, when their Time is out, will be able to get their Livelyhoods either at Sea or Land; and if to render them more capable of serving their Country, the said Father's or Steward's (at Four a Clock each
Saturday
in the Afternoon) should cause them when (on shore) to Muster, and Exercise although only with Staves,) and for Diversion to play at Cudgels, or Fence, and reward the Conquerer with liberty of wearing a small Ribbon, whose distinguishing Colour of
Red, Blew
, &c. should Entitle them to be called
Captains, Lieutenants
, &c. by the rest of their Fellows, till next Weeks trial of Skill: How soon would Emulation beget Address? And what a Treasure and Strength to
England
would such a
Sea-Militia
be, always ready for Service both by
Sea
and
Land
, and yet no Charge to the Nation till actually in it.
That His Majesty may be addressed to grant Leases to the said
National Fishery
, of all Wasts and Derelict Lands to be by them used in building Warehouses, curing Fish, spinning Twine, and drying and beeting their Nets and the like; and also to be by them distributed amongst such of their Apprentices, their Heirs and Assigns, as shall have faithfully served them Eight, or more Years, not more then five Acres apiece.
Upon the whole, I confess, that
England
may out Fish us, but then you must have nothing to do with Companies, only make it every particular Man's Interest, and they'l soon make it their Business.
Its Dangerous taking a Rivals Advice, and well known why
Fish
was so Cheap this Year in
Spain, Portugal, Italy
, and other
English
Markets; yet sold so well in the
East
Countries.
Glutting Markets may Ruine particular Men, but its far more Difficult to put Tricks upon Companies.
D.
After all, where can you find a Set of Honest Men, to carry on a
National Fishery
in
England
?
In
Amsterdam
, you have your Church-Wardens, Directors of
Bethlem
, of your Rasp-house, of your Spin-house,
&c.
Commissioners for your small Differences, and those of your
Levant
Trade, your Sea Affairs,
&c.
also your
Vroedschap
, your
Schepens
, and your
Burge-masters
, which are Places of far more Trouble than Profit, yet (being the usual steps to Preferment) are generally (
like that of Common-CouncilMen in
London) officiated without Reproach. Not for that the
Dutch
are honester Men than their Neighbours: But because such are found tardy in those Employments are barred all future hopes of Advancement. And should our
Parliament
address his
Majesty
to prefer in the Custom house, Excise,
&c.
such as behaved themselves well in the
Fishery
, and make breach of Trust therein, to incapacitate Men from serving the Government in any Employment Military, or Civil for
.....
Years (how small Wages soever the Corporation allowed,) the Company would never want Servants, that Voluntier like, would vie with each other, who should best serve their Country by most promoting its
Fishery
.
An Honest-Man is a Citizen of the World, Gain, equaliseth all Places to me. And when you Settle a
Fishery
upon better Terms than our's (as my Grandfather left
Antwerp
when its Trade began to decay, and removed to
Amsterdam
) I'le bid adieu to
t' Vaderlandt
, and Remove to
London
in the Interim: Farewel.
CONCLUSION
.
SEeing in the Preamble of an
ACT
passed in the 14
Car.
2. 'Tis declared,
That the Publick Honour, Wealth and Safety of this Realm, as well in the Maintenance and Support of Navigation, as in many other Respects doth in an high Degree, depend upon the Improvement and Encouragement of the
FISHERY.
And seeing the way to all this Honour, Wealth and Safety is so Plain and Easie, that by only a Frugal and Industrious management of Affairs (
without quarrelling with our Neighbours
,) we may quickly become sole Masters of the
Fishing
Trade.
For shame let not
English-Men
longer say,
with
Solomon's
sloathful
- >
There is a
Lyon
in the Way.
Prov. 26.13.
WEDNESDAY
Club-Law: OR, THE
INJUSTICE, DISHONOUR
, AND
ILL POLICY
Of
BREAKING
into Parliamentary Contracts FOR PUBLICK DEBTS.
We do entirely concur with your Majesty in Opinion, That nothing can contribute more towards preserving the Credit of the Nation, than a strict Observance of all Parliametary Engagements; which we are firmly resolved, upon all Occasions, inviolably to maintain
. First Address of present H. of Com. to his Majesty.
LONDON
: Printed for
E. Smith
, under the
Royal-Exchange
; and
A. Dodd
, at the
Peacock
without
TempleBar
, 1717. (Price 6
d.
)
THE
Injustice, Dishonour
AND
Ill-Policy
OF
Breaking into Parliamentary Contracts
FOR
Publick Debts
.
WHEN I see a Proposal for raising of Money, with a more than ordinary Shew of Zeal for Publick Good, what I first look for is, a certain little Thing in a Corner, which may be properly call'd,
The JOB
; or what is to be got by the Projectors? And, to say Truth, I was not long, before I discover'd This in the Proposal now under Consideration. And that I may undeceive some well-meaning People, who seem not to dislike the Project, and likewise unmask those pretended Patriots; I will endeavour, in few Words to prove, That the Redemption of the Publick Funds, by breaking into Parliamentary Contracts, as propos'd in the Journals of the
Wednesday-Club
, and in the two Schemes extracted out of the said Book are
Unjust, Dishonourable, Unnecessary, Impolitick
, and lastly, a manifest
Roguery
, calculated to draw a Sum of Money out of the Pockets of the fair Purchasers into those of the Projectors, and their Confederates.
Before I enter into the Subject, I think I am bound to declare, That I only examine the aforemention'd Journal; and, that I am so far from suspecting any ill Design in those of higher Posts, whose Business it is to contrive Schemes for the Payment of Publick Debts, that I think, by the Contempt they shew of a little popular Clamour on this occasion, they give Proof of their righteous Intentions, and of a steddy and publick Spirit; and I hope they will be supported in all their honourable Proceedings, in so commendable a Work, which, considering their good Judgment, must tend as well to support the Credit and Honour of the Nation, as to pay its Debts.
As to the Injustice of a forc'd Reduction of Funds that are not redeemable, I need say no more than to state the Case of any private Person or Corporation, who has made an absolute Sale of an Annuity; whither such a Person can in Justice force his Annuitant to refund Part of the Money already receiv'd, or retrench any Part of his Annuity for the Time to come, or give up his Security upon Payment of his Original Price? and I desire the Publisher of this learned Journal to apply his Argumentations in this Case, and see how ridiculous they will appear. I suppose this great Lord tells his Annuitant,
That when he made the Bargain, his Necessities were pressing, and consequently the Contract disadvantageous.
That Money, at that Time, was at a higher Interest, because scarcer, and the Hazard of losing it greater; but now he could borrow upon easier Terms; therefore, he must either take back his Money, or rebate a third Part of his Annuity.
That if the Annuitant would not consent to this Rebatement, he should be forc'd to rack his Tenants, or mortgage some Part of his Rents.
That by such a Rebatement, his Tenants would sell their Goods at Market cheaper, of which the Annuitant himself, who commonly bought of them, would have the Advantage; and therefore Interest, as well as Justice, oblig'd him to consent to such a Rebatement.
That he had other Creditors who had not so advantageous a Bargain, as the Annuitant, and some who had of their own accord disburs'd Money for some of his Prede cessors who had no Security at all; that
its
was highly unjust his Creditors should be upon an unequal Foot.
That it was well known, that some Year ago, when his Credit was not so good, his Annuitants transfer'd for Two-thirds of the Money, which they now value their Annuities at; in short, if they were willing to accept of that Sum, there it was; if not, they might take their Course, he had those about him that would make them all deliver up their Securities.
I think this is the Sum of what is said through 276 Pages of the Journalist. If we shift the Scene again, and in Place of this great Lord, substitute a Nation or Body-Politick, the Injustice will be only so much the more flagrant and scandalous, as the Person offending is more conspicuous. The Rules of Right and Wrong are immutable, and will no more bend to the Great than to the Small.
Before I go further, I must take notice of the Impropriety of the Word
Redemption
, in the Sense of the Author.
Redemption
, or buying-back a Thing, implies a Contract between the Buyer and Seller, where both must act as free Agents: But if one Man forceth another to part with his Goods at what Price he pleases, in private Persons it is called
Robbery
, in Governments,
Resumption
; which Word I will beg leave to use sometimes, instead of the other, as more proper.
P. 250.
One of the Author's chief Arguments for the Justice of such a National Resumption, is taken from the Law of God, and the Example of good King
Nehemiah
; but unfortunately this will prove the Resumption of the Whole, not only to be just, but necessary. The Law of God prohibits the Taking of Usury (by which, among the
Jews
, was understood all manner of Interest) and so, I suppose, if the Authors Scheme were pursu'd, this Law, enforc'd by a short Act of Parliament, would, in Time, resume the Whole, as it doth now a Third. The Example of good King
Nehemiah
is strongly recommended to his present Majesty, as worthy of Imitation, and a shrewd Hint given of the Period when such a Total Resumption is to commence,
viz.
the Seventh or Sabbatical Year, as the last Act and Deed of the present House of Commons; but, I believe, they are more likely to send the Author to
Bethlehem
Hospital, than to take his Advice. This Argumentation is so silly, that it hardly deserves an Answer: I only beg leave to observe, That the Resumption of
Nehemiah
was a Judgment upon the known and establish'd Law of the Country, which prohibited taking of Usury; and this Determination acquiesced in and consented to by the Possessors of these Mortgages, not a Law
ex post facto
, to dissolve a lawful Contract. So much for the Theology of the
WednesdayClub
.
But I would gladly ask, what he means by Usury, and how he applies it in this Case? Money is like other Commodities; sometimes dear, sometimes cheap; according to the Pro portion of its Plenty, to its Vent or Demand. If a Person has purchas'd, for a Price specify'd, a certain Quantity of a Commodity from me, when it was dear, would he pay me only according to the Price-Currant, when it is sunk a Third in Value? Let our Author apply that Maxim to common Traffick, and try what Credit it will produce amongst Mankind. The Case of the Annuities is still stronger; for the Price, that is, the Security that entitles a Man to it, is actually paid, and he would have the Government (the Purchaser in this Case) resume a Part back again, because he can now buy the same Commodity cheaper: Indeed, where there is a Clause of Redemption, the Restitution of the Money is the full Performance of the Contract.
P.
252.
But,
says the Author
, Clauses of Redemption are plainly meant, tho' not express'd. I would gladly have the Author, and his famous Club, publish a Supplement to the Statutes, consisting of Clauses in Acts of Parliament, that are meant, but not express'd; and let this new Sort of Law be set up, and I will promise him, not only the Government Securities, but all others whatsoever, will sink 20
per Cent
in Value. Our Author's Scheme is compos'd of too high-relish'd
French
Ingredients: The Regent's Method of paying of publick Debts, and
Lewis
the XIVth's Method of explaining publick Treaties; with a small Dash of the
Spirit
, where the
Letter
is defective.
There is another Cause that raises the Value of Money in a Loan; the Hazard of losing it; in Proportion to which Chance, the whole Value of the Adventure is to be calculated. Thus 100
l.
a Year, payable upon the Contingency of one Person's out-living another, whose Life is equally good, is only to be reckon'd and purchas'd as 50, and only the half of the absolute Value to be payed for it; and when the Proprietor of such a Reversion comes to be entitled to his 100
l.
a Year, would it not be highly Unjust to give him only Possession of 50, because his original Price answer'd only to that Sum? From an Analogous Reasoning, all the Dangers of the Government, and all the possible Cases of Insolvency, must be reckon'd in to the Account of the Purchasers; and it would be full as Unjust in the Government, as in the Seller of the Reversion, to deduct a part of the Sum, in Consideration of its greater Security and Credit, when it is now in better Circumstances. I dare say, had the Purchasers had the least Apprehension of Schemes, such as the Author has set up, the Government must have paid still double for their Bargains.
But this Redemption will appear more monstrous, if one considers the Cases of Widows, and Orphans, entitled to Annuities by Marriage-Settlements for valuable Considerations; and I desire the Author, or any one for him, to unravel the Difficulties of the single Case of
Reversions
, with any tolerable Justice or Perspicuity.
To alledge, as he does,
P.
143. the Smalness of their Number, and consequently, that the Injustice is inconsiderable, because not extensive, is in effect no better than this: Gentlemen,
There is a Necessity for making a Law which will involve a great many Innocent Persons in Sufferings; but you may depend upon it, according to the nicest Calculations, not above 6
per Cent.
of you shall be hang'd
. As to his other Proposal of distinguishing such Cases of Compassion, I hope the Government will make the
Wednesday-Club
Commissioners of Enquiry for the forfeited Estates of the Annuitants, and applying of such Præmiums; and I'll promise you they will not change with the Commissioners of the forfeited Estates of the Rebels.
After having prov'd the Author's Scheme of Resumption unjust, I think I need not add, that it is dishonourable; is it not then an unpardonable Presumption in this Journalist, to suppose a
British
Parliament will do, what the greatest Scoundrel would not a vow? Refuse to pay a just Debt, break their Faith, violate a solemn Contract: A Parliament compos'd of Persons, that have always made the Supporting of the Funds their Badge of Distinction, from those of the opposite Party, whom they have branded with contrary Sentiments: Will they resume the Nick-names they have given their Antagonists at Elections, and suffer the
Tory
-Spunge to be thrown in their Teeth by the Populace?
Tell it not in Gath
. Can he suppose, that this House of Commons has forgot what they told his Majesty two Years ago?
That nothing can contribute more towards preserving the Credit of the Nation, than a strict Observance of all Parliamentary Engagements, which we are firmly resolved upon all Occasions inviolably to maintain
.
Can they put such an Interpretation upon his Majesty's Words, recommending the Payment of the Publick Debts, as if they signify'd a Resumption, when his Majesty told them in express Terms, at their first Session,
that nothing can contribute more to the Support of the Credit of the Nation, than a strict Observance of all Parliamentary Engagements
? What Punishment then is due to such Insolence, that can suppose, that the same House of Commons (with Reverence be it spoken) will, like Common Cheats, promise any Thing in their Streights, and when those are over, leave their Creditors the rueful Exerience of their forward Credulity?
This Method of Redemption,
in the Author's Sense
, if apply'd with the Equality so much pleaded for, will raise a much greater Sum than what is propos'd; for it ought to affect equally all that have made advantageous Bargains with the Government; then, why is it not equally just to repay to the present Proprietors of the Forfeited Estates in
Ireland
their Original Price, as to the Annuitants? They have both the same Security, the Faith of an Act of Parliament; only the Landed-Men have made the more advantageous Bargain, for their Purchase is risen to be near double in Value; and the Commissioners for such a Redemption, can as easily value Repairs and Improvements as the Extraordinary Cases of necessitous Annuitants. Nay, if the Author pleases, let us carry his Level into another Field, and redeem all the Fee Farm Rents that have been alienated from the Crown at an under Value; and what is infinitely more just still, resume the
Exorbitant Grants
of the Crown for several Years past; for there is no Proportion between him that paid the just Value, and him that paid nothing; between one that has a Parliamentary Security, and one that has none; between those that can spare it, and those that can not: And if they had Parliamentary Securities, it is always more just to take back an extravagant Present, than to defraud a fair Creditor.
As an Instance of the Right of Parliaments to seize upon private Property, where the Publick Good demands it: It is said, that if the Government had occasion for a Fortification, or a Harbour, they can oblige the Proprietor to part with the Ground, where they are to build. I answer, not in Justice, without paying him the Value. Indeed, Governments have sometimes limited the Price, when the Proprietor was extravagant in his Demands; but there is no Parallel between a Case where the Safety of the Government is immediately concern'd, and one where it is not; where no publick Faith is broken, and where it manifestly is. Besides, such a Power by Acknowledgment belonging to all Governments, all Proprietors of Lands, purchase under the Chance of the Exercise of it, as much as under that of a Land-Tax. This leads me to the Case of Necessity that is pleaded.
And here I beg leave to observe, that Necessity set up in Opposition to Justice, is a terrible Plea in the Hands of the Mighty. Necessity may be a Plea for one Man's eating another; and in its full extent, upon some Occasion, might justify the Victualling a Ship with some of the Annuitants, as much as it does now seizing upon their Property.
To state this Case as disadvantageously for my self as possible; there are about 40 Millions of Debts, with Interest above 5
per Cent.
of which there are about 21 Millions Annuities; of these Annuities about 10 Millions of 99 Years, and 11 of 32 Years; of the 11 Millions of 32 Years Annuities, there are, I think, 2,400,000
l.
which are not redeemable; the rest are: But suppose the Debt of 11 Millions of 32 Years Annuities were left as it is, they will all expire, either a Year before the last Period fix'd by the Author, for Payment of publick Debts; or at the time, or three Years after the time. The remainder then is 19 Millions, which is a pretty large Subject for the Frugality of the Government to work upon, and yet it is manifestly practicable to pay this Debt off. For an Annuity of 1
per Cent
will pay off a principal Sum in 33 Years, with Interest at 6
per Cent
; and in 35 Years with Interest at 5
per Cent
; so that the Sum of 190,000
l.
will pay off 19 Millions in that time; and 290,000
l.
will pay off the whole 29 Millions of publick Debt, (exclusive of the Annuities of 99 Years) according to the Author's extravagant way of reckoning: But suppose by a settled Condition, (of which we have the happy Prospect under his present Majesty) and a great Abatement of Annual Expences, the Nation should be able to make some great Payments of the Capital, or raise half a Million a Year; that half Million will pay off the whole 29 Millions in 28 Years, (two Years more than the Author's period) reckoning Interest at 5
per Cent
.
As for the 10 Millions of 99 Years Annuities they are no less redeemable than the other Funds; the single Question is, Whether this is to be done at a forc'd Price, or at a Price by fair Contract, between the Buyer and Seller? (which I think can only, with propriety of Speech, be call'd
Redemption
:) For if a private Person can purchase an Annuity, a Government can; all the difference between the Case of a voluntary, and that of a forc'd Redemption (which I will put at 4 Years purchase) will be 2,788,275
l.
17
s.
and 6
d.
This I affirm is not a Sum to be put in Ballance with the Honour and Credit of the Nation. It is certainly a very practicable Thing for the Government to convert those 99 Years Annuities, into a redeemable Debt; and let them but open a Subscription at any time, with some Advantage to the Annuitants, at the currant Interest of Money at that time, and the Bulk of them will be subscrib'd: And to a Government that supports its Credit, it will be all one whether the Price of these Annuities be high or low, because they can only rise as the Interest of Money sinks, the latter being the Cause of the former; yea, it will be the Advantage of the Government that they should be high, rather than low, because they can in that case borrow Money at so much a lower Interest, either to buy off those Annuities, or to pay off those other Funds that are redeemable.
I have in these few Hints purposely avoided precise Calculation, for the Reader's ease; and if there be any little Error in the Numbers, it will not break the thread of the Reasoning.
It is true, the Annuitants, if Parliamentary-Contracts are observ'd, must be in a better Condition than the other Creditors of the Government; but to such as find fault with this proceeding, the Government may answer, as the Landlord in the Gospel did to the Murmurers, against his seemingly unequal Dealing with his Day-Labourers;
Friend, I do thee no wrong, didst thou not agree with me for a Penny? take that is thine; is thine Eye evil, because I am good
? This may be said for the Annuitants, that those Creditors of the Government who have had their Money upon the Stocks, have had many Opportunities of improving their Capital, and turning it to Advantage, and which the Annuitants have been deprived of; for the loss of which, this new Advantage may be but a reasonable Compensation.
It will not be improper, in this Place, to apply my self to the LandedMen, and desire them to consider, that tho' this Project of Resumption seems alluring at first Sight; yet it is highly probable it may be the Cause of greater Suffering to them, than all the present Advantage they can reap by it; for they stand, in relation to the Government, as a
perpetual Security
to a
Debtor
; and whatever false Steps the
Debtor
makes, the Security must at last pay for it. And if by the Wound which such a forc'd Reduction gives to publick Credit, the Government, in some future Exigency, should be forc'd to give exorbitant Interest, they will feel it more sensibly than they did some Years in the last War, when their Lands sunk several Years Purchase. One Thing is plain, That sinking the Credit in the Government, will naturally hinder the Lowering of Interest, which is always to their Prejudice.
As to the Necessity of Relieving the People from the heavy Taxes upon which those Annuities are payable, it must be consider'd, that according to the Author's Scheme, either those Taxes, or Taxes equal in Value to them, must be continu'd for a lesser Term of Years; and it will not be any Hardship to change their Funds, if the Annuitants have an equal Security, and the same Sum as punctually paid.
I have suppos'd hitherto Interest at 5
per Cent
; but it is almost certain that Interest will still sink much lower, as the Government pays off its Debts; for what can their Creditors do with their Mony? Keep it by them? That is worse than the lowest Interest. Employ it in Trade? That is pretty much charg'd already: Besides, the Bulk of such Dealers in Mony are unskilful, and timorous in Projects of Trade. Will they carry it Abroad? There they have less Interest, and worse Security. Purchase Land? That will rise in proportion. I cannot see what is possible for them to do, but to lend it back to the Government upon any Terms. This will appear evident to any one, who considers what the Proprietors of Ten Millions of
South-Sea
Stock could do with their Mony, if the Government should tender it? To be sure they must lend it back at Three
per Cent.
rather than keep it by them, and all this with the Credit and Honour of the Government; whereas on the contrary, should the Government force the Proprietors, by a Law, no Body can tell what Terms they must borrow Mony upon for the future.
These few Hints may serve to prove, that there is not so great a Necessity for so violent an Expedient, which the Greatest will hardly justify. I proceed now to my third Head, which is to shew, That a forc'd Reduction of the Funds is highly impolitick.
What Value can be set upon the Faith and Honour of a
British
Parliament? What has carry'd us through two such Terrible and Expensive Wars, as History can hardly parallel? What has sav'd us in the most dangerous Junctures? Nothing but the Opinion of the World, that the
British
Nation would never violate their Faith: And as this Principle has sav'd us in our past Distresses, it is able to do so in Twenty more: And shall we barter this invaluable Jewel for a paltry Sum of Mony? Must the Generous, Steed that has carry'd the Soldier through Twenty Battles, and may carry him through many more, be knock'd in the Head to save the Expences of Keeping? Can any Man say we shall never have occasion again for National Credit? Perhaps it may be answer'd, if such a Juncture should happen, the propos'd Resumption, with the Land and Malt-Tax, will enable the Government to carry on any War they may be engag ed in afterwards, without being obliged to borrow. This is so absurd, that the very Insinuation is enough to Ruin the Publick Credit entirely; for the Surplusses of the Funds, by the Author's Scheme, being engag'd for Payment of the principal Sums, the applying them to the Yearly Service, must put the Proprietors out of all Hopes of ever being reimburs'd, and involve the Nation in insuperable Difficulties; for this is seizing first upon the Interest, and then upon their Principal. To all this the Author answers, with a
Never fear: England
will always find Mony: Great Premiums will always bring it in upon an Exigency. But is it not obvious for a mony'd Man to reason about his Premium, from the Experience of the Reduction of his Interest?
'Tis true
, Gentlemen,
you allow me such a Rebate now, but when this Difficulty is over, I shall only be paid according to the Sum advanc'd; and be told, That I Prey'd upon the Necessities of the Government
. Can a private Man who refuseth to pay a just Debt, ever hope to borow again in his Difficulties? If I grant, that a private Person may, because the Law can compel him to pay if he is able; I am sure a Government never can, because they cannot be compell'd. Credit is compos'd of
Ability
and
Willingness
to pay; in Persons under the Power of Laws, there is a Remedy against the Latter; but Unwillingness in a Government, is an infinite Obstacle which no force can remove: Therefore, their Faith should be inviolable, as much as their Power is uncontroulable.
If the Government should make the smallest forc'd Rebatement of their Debts, can any Man say where this will stop? Necessity and Convenience are Arbitrary Things, of which every Man judges according to his present Views; but these Points are still more ticklish, when they take the Mony out of one Man's Pocket and put it into another's: In such a Case, few will trust to the Rectitude of Judgment, when they have Experience of the Perverseness of Inclinations. Can any Man say to Violence, so far thou shalt go and no further? The Plea of the Resumption-Men, when the Fences of Justice are once broke down, may serve as well for the Whole, as for the Part. Thus it may happen, in process of Time, That as one Sett begins to rub out a Part of the Score with a wet Finger; another (by the Assistance of the same Argumentations) may come at last with their Spunge and rub out the Remainder.
I might, on this Head, appeal to the Experience of Governments which have suffer'd by breaking their Faith in Mony-Contracts, and never could again be trusted in their Exigences. I believe the Examples of the Methods that are now practic'd in
France
and
Holland
, in relation to publick Funds, do not prove, by their Consequences, that they are worthy of Imitation; and I will be bold to aver, That should any new War happen, the Credit of the
British
Parliament would be of more Advantage to us, than all the Funds they have redeem'd with the Loss of their Credit: Yet it is from the Proceedings of
France
that the Author seems to have copied his Scheme, with this difference, that the Determinations of the
French
Chambre Ardente
, are more equitable than those which our Author offers to a
British
Parliament; for no Body will deny that it is more just to make some Individuals, (which by base and indirect Means have overgorg'd themselves with the Publick Treasure) spew up their unrighteous Gain, than to defalk from the fair Purchasers. I will go further, and affirm, That the Example of our Neighbours is rather an Argument for a contrary Proceeding: And it will be more for the Interest and Glory of
Great Britain
, after so many Millions spent, to be the only Nation of
Europe
that never broke their Faith; a Proceeding that some time or other may be of infinite Use to the Nation.
I beg Pardon for spending so much Time in proving a self-evident Proposition,
viz.
That refusing to pay a just Debt, will sink the Credit of any Person, Body-Corporate or Politick, and that such a one can never, for the future, borrow Mony upon such easy Terms as before: So that the single Question, as to the Point of Expediency of this Method, towards obtaining the End propos'd (the Payment of Publick Debts) is this: Whither the Government, by a strict observance of all ParliamentaryContracts, had not better take the Advantage of the Certainty of Lowering of Interest, and consequently of borrowing Mony still upon easier and easier Terms, for redeeming the Funds that are redeemable, and contracting with the Proprietors of Funds of those that are not, than to pay off their Creditors by a forc'd Reduction, with the Prospect of never being trusted for the future? A Politick much like that of the old Woman in the Fable, who ripp'd up the Belly of her Hen that lay'd a golden Egg every Day, in order to find the Mine.
I come now to what I at first call'd,
The JOB
, which I take to be the Key to the whole Project, of which it is possible the Publisher may be ignorant.
Amongst the List of publick Debts the Author reckons thus:
l.
Houshold Debts of King
William
- -
600,000:00:00
Arrears of the Army, and Debts of the late Queen
2,000,000:00:00
2,600,000:00:00
Here I desire the Reader to mark the knavish Way of Stating the last Article: The late Queen's Debts compose, with the Arrears of the Army, two Millions; when, perhaps, there are not Fifty thousand Pounds on the first Score, and not near that Sum beyond what Her Majesty has left Effects to pay: But under this Head are huddled up all old Claims, I suppose, the Hundred and thirty thousand Pounds due to the
Dutch
Regiments, which their Agent never accounted for; a blasted
JOB
of many Years standing; and God know how many other Things besides, which are now Stock-jobbing about Town, and are rose from Nothing to 10
per Cent.
Now let any Man judge, when such a Sum of desperate Debts, (that to the Army excepted,) are brought up, perhaps for 5
per Cent.
what Sums may be got? I will be bold to say, here is a Temptation too strong for the Vertue even of some former Houses of Commons, or perhaps any less Honest than the Present. To make this Project more palatable, and the Solicitors more numerous, all concern'd in these Debentures are engag'd in Interest to promote it, and the Annuitants are fall'n upon because they are single Persons, and no Corporation, which is no small Artifice.
Vide
said Scheme
.
Accordingly, mark how the Author lessens the Publick Debts, for Payment of 39,602,043
l.
03
s.
07
d.
he immediately raises 42,000,000
l.
and besides the 42 Millions, a Sum of 62,000
l.
a Year, which will raise a Million and a half more. A plentiful Field
This is plainly the Mystery of the whole Proposal; for I will always lay Gold to Silver, That where there is a Project of Twenty Millions of Publick Profit, and only Twenty Thousand of Private Gain, that the Twenty Thousand, and not the Twenty Millions, the Private and not the Publick Gain, gave Rise to the Proposal.
The Author's Proposal is no more Roguish, than the Methods by which he would bring it about.
In order to make the Annuitants submit to this Redemption, they are
threaten'd
with a Law of
Restitution
, p. 134, 135; with being Taxed, p. 181; with a Mob, p. 189; and lastly, such Principles advanc'd, as will prove the Necessity of a
Lex Agraria
; yea, an equal Division of Property throughout the whole Kingdom; so hard it is to set Bounds to Injustice.
Lastly, This short Payment, and forc'd Redemption, is to be made with
Exchequer-Bills
, the Value of which is falsly calculated, from the Premium upon the present
Exchequer-Bills
; which can be exchang'd, every Moment, for ready Money; when on the contrary, such a new load of Bills must be at a considerable Discount, in proportion to their Increase; especially, when not circulated by the
Bank
.
Upon the whole, the state of the Case as it stands in the Proposal is,
Whether a Parliament will break their Faith, in order to defaulk two
per Cent.
from the Annuitants, to give four
per Cent.
to those who have no Demand upon them at all?
Whether they will pay a Debt twice over?
Whether they will raise the private Credit of the Crown, upon the Ruin of the Credit of the Nation?
Whether it is not more just to pay the private Debts of the late King
William
, and Queen
Anne
, out of their Exorbitant Grants, than out of the Estates of the Annuitants?
FINIS.
THE EQUITY OF PARLIAMENTS, AND PUBLICK FAITH, VINDICATED; In ANSWER to the Crisis of Property, And Address'd to the
ANNUITANTS
.
By Sir
John Meres
,
F.R.S.
Multa renascentur quæ jam cecidere, cadentque
Quæ nunc sunt in Honore
The Second Edition, Corrected
.
LONDON
: Printed for
Chr. Coningsby
, at the
Ink-Bottle
against
Clifford's-Inn
Back Gate, in
Fetter-Lane, Fleet-Street
. 1720. (Price Six-pence.)
THE
EQUITY
OF PARLIAMENTS,
&c.
I Acknowledge my self a Person so retir'd, that the late Pamphlet, Intitled,
The Crisis
, though it treats on the important Subject of
Property
, might have escaped my Perusal, if it had not come to my Hand by the
Penny-Post
; perhaps, from some conscientious
Senator
, to check, and reprove me for having early discoursed, and concerned my self on this Subject of the
Annuities
, and for having promoted the
Proposal
of the
South-Sea Company
; I had heard such a Pamphlet was publish'd by the Governour of the Company of
Comedians
, therefore (as I had also at that time no lei sure) I slighted the Pamphlet, and laid it aside, expecting no extraordinary Performance on a Subject of this Nature from a Person so
employ'd
; but by Chance observing soon after the well-known Name of the Author, I immediately read the Treatise.
This
second Crisis
, in the beginning of it, falls something foul on the ingenious Mr.
A. H.
because of the
Estimate
that Gentleman publish'd of the
National Debt
, and the Remarks which were subjoin'd to some
Calculations
made in
April
1717. This ingenious Gentleman assiduously attends the Service of his Country in Parliament; and at this time, especially, when the publick Debts and Accounts lie on the Table, may probably not be at leisure to publish any Thing further on this Subject, though his Words are quoted relating to the Funds; and his Thoughts and Reasoning thereon, openly Arraigned by our Author.
I shall
however touch but lightly whatever respects the
Calculation
, and Arguments, grounded on the Topick of Profit and Loss; but shall keep to the more
exalted Subject
of Sir
R's
Treatise; a Subject sufficiently copious (
viz.) The Law of Equity
! A Law that demands out highest Regard, and strictest Conformity! A Law Sacred, Eternal, and Immutable!
To
undertake what relates to the accompting Part, is indeed needless, after having been so well perform'd in the said celebrated
Schemes
, and
Remarks
; which have also been Revised, and in some Things amended by the accurate and elaborate Pen of Mr.
Crookshanks
; but these Schemes relate only to the
Exchequer
and Parliamentary Funds.
Sir
R
would instruct us in the more universal Dealings between Merchants, whether of the same, or different Nations, and likewise between sovereign Powers, and their own Subjects, or the Subjects of other Princes. If I should presume to meddle in these Things, Mr.
H
who is rightfully in Possession of this Part of the Subject in Question, may esteem me a
Trespasser
, and thus I should hazard being attacked by both these Champions; each skilful at his Pen! Each a Veteran of such Abilities, that I am very sensible they can do what they please with a
Feather
; a dangerous Weapon in some Hands! They Combat also both of them under the
Buckler
, the broad Shield of their Right of
Session
in the
Senate House
. I am a naked Man, a weak Opponent; a Shadow when compar'd with the
Nestorian Race
of the
Iron-sides
, now an
Equestrian House
; therefore with due Submission, though without Fear or Despondency, I enter the Lists, relying on that
supream Power
to which Sir
R
has Appealed;
EQUITY
is my Guard, and if that cannot defend me, I am sure to be foil'd, and am already disarm'd.
Sir
R
begins with a long
Paragraph
, which he mentions to be taken out of Mr.
Hutchinson's Remarks
; and wherein it is said,
"That if the
Annuitants
were to account in
Chancery
as Mortgagees at 6.
per Cent.
Interest, after the common Method of making up such Accounts, a large Sum will be due from the
Lender
to the
Borrower
even to the amount of 30.
per Cent.
at that time above Principal and Interest, instead of receiving any Thing further from the Publick.
But the
Equity
of doing this doth not appear to me to be either recommended or asserted by the Author of the
Remarks
; neither is the Re-purchasing of these Funds any otherwise mentioned,
"than as a Matter which had been first opened on the Occasion of a Scheme for
Redemption
of the
Publick Funds
, which was made Publick before Mr.
H
publish'd his Schemes.
In this long Paragraph it is also mentioned,
"That there had been an Attempt the then last Session for obtaining an Act which should have reduced the
National Interest
to 4.
per Cent.
And in this Paragraph Mr.
H
says further,
"That if the Parliament should not be of Opinion to Re-purchase these Annuities, then there would be no need to mention them in any future State of the Publick Debts; but the Nation, in that case, must rest contented until the
Expiration
of the
long Term
of Years for which these Annuities (now called the long Annuities) were granted.
A
melancholly Prospect
for a Nation groaning under the Pressure of these Debts! But the Facts are fairly stated; and the Remarker only further mentions as his Thought,
"That if Interest is reduced to 4.
per Cent.
by Act of Parliament before these
Annuities
are Re-purchased, or an
Agreement
made by the Publick for
Re-Purchasing
them; in such Case, the
Value
of the
Annuities
will be
increased
the further Sum of Three Millions and an Half more than they then were, and that the same would be worth about Seven Millions and an Half more than the Money
originally advanced
; which would raise the value of
these Funds
to the Sum of
Twenty Millions and an Half
. This must be what the
Guardian
of our
Property
in his
Crisis
terms Mr.
H
his
Opinion
; and thereupon he affirms,
"That if the Majority of the Honourable House should be of the same Opinion, and act accordingly, we may bid Farewel to the
Wealth
, and
Honour
of
Great Britain
.
To
this, I answer, that if a few Weeks more should demonstrate, that contrary to our Author's Expectation, the Parliament are of Opinion with Mr.
H
, and also are convinced, that this Matter can be effectually Remedied without
Breach
of Publick Faith, or
Iniquity
in the Legislature (as certainly it may) in such Case, I say, I shall be inclinable to mistrust, that Sir
R
has not well Reasoned, nor rightly Computed either with relation to these Schemes, or the Majority of Votes; and if thro' the forward Zeal, and
now generous Proposal
of the
South-Sea Company
, we should be so happy as to obtain by the
Aid
of
Parliamentary Equity
, the Redemption of the Nation from this, and other
heavy Burthens
of Publick Debt, such a Conjuncture might justly be stiled the
Crisis of Property
(the Prospect whereof to our Comfort, appears not very remote) from such Proceedings, I shall conclude quite contrary to our Author, and from this
ÆRA
shall date a prodigious Encrease of our Trade, our Wealth, and our Strength; and in consequence it must follow, that
Great Britain
will appear in Credit, in Honour and Renown beyond all past Ages. And this
Aggregate Fund
of the
South-Sea
, will at length prove in earnest the
Spunge
of the
State
; it will
suck up
, and
wipe out
, and pay off, all the rest of our
old Scores
!
But
to proceed, Sir
R
in his 7th Page is surpriz'd that Mr.
H
does seem to suppose, that the
Borrower
is
Master
of the
Lender
; and yet they who have been accustomed to lend Monies, or have observed the Course of Business in
Chancery
, must have perceived, that the Borrower frequently sets the Lender at
Defiance
, and will neither
repay
, nor
perform Convenants
until compell'd by the slow Methods of
Equity
; but in the Case before us, the difficulty probably will lie on the contrary side: The
Lender
, so much extoll'd for the good
Friend
of the Government, is in danger of appearing the wayward Party; what will Sir
R
be able to say on his behalf, if this
forward
and
adventurous Subject
for the
Good
of the
State
(as he calls him) shall be found so
resty
, and obstinate, as neither to lead nor drive, and when left to his free Will and Pleasure to take his Choice, whether he will promote the publick Good, and his own Interest, by accepting a Sum of Money for his
Annuity
, which shall bring him in a better Income; or an exchance of his Annuity for another sort of Annuity, which shall bring him in Yearly a larger Sum, and be also readily Saleable for a greater Sum than his Annuity at the highest would have sold for; yet shall this
applauded, good, and generous Subject
refuse to do either; but being perswaded that he is in the Right, and encourag'd in it, shall sullenly
Hug
his
Property
, though to the Prejudice both of
himself
and the
Publick
!
Our
Author is a Man of a quick, penetrating, and active Thought, therefore I shall avoid to swell this Discourse to a length, which is needless, and which my Affairs do not permit, but only to add some Hints which seem not to occur to Sir
R
, and leave him to reflect thereon at his Leisure.
But
with his Permission, I shall first for a while address my Discourse directly to the
Annuitants
, and tell
you, Gentlemen
, that they who would have
Equity
, must do
Equitably
; I am not delivering a
Subpœna
to bring your Cause into
Chancery
; but as I presume
you
are convinced, that the Determinations of that Court are
Equitable
, I would try your Pretensions on this Touch-stone of good Conscience, that you your selves, if you can be impartial, may perceive the too near Resemblance.
I shall
say nothing of the
Bristol Bargain
, because in that Practice, the Principal was receiv'd in Parcels, together with Interest: But
you, Gentlemen
, after all the exorbitant Gain of some of you hitherto by the 9.
per Cent.
and 14.
per Cent
&c. are intended and desired to
receive Back
your Principal, not only intire, but with as
vast
encrease thereof, as those who speak for you pretend now to insist on, (if they are steady to any Thing, and do not rise more and more in their
Demands
as
Concessions
are made;) therefore, I say, your
Bargain
is yet worse, (that is,) more Extortionous, much more destructive to the
Publick
, the
Borrower
, than the
Bristol Bargain
, or than what the
French
call
Le fond perdu
, which Method was once attempted here, but our
English
Parliament did declare their dislike by
rejecting
that
Offer
.
I own
you are not to be dealt with as
Mortgagees
, yet your Case differs not so much in
Point of Conscience
from some of theirs, as your Advocate would represent; for he that Lends on a Mortgage, runs the Hazard of the
Title
, and of
Incumbrances
, &c. as much or more than you; and since you are
Lenders
, consider a little, I pray you, the Proceedings of the
Court of Chancery
, and what
Relief
is given against Contracts and Convenants that relate to Interest on Mortgages, and to Redemption.
A Person
lends Money at 5.
per Cent.
when six was not against Law, and might easily be had; the Borrower had also a
Flaw
in his
Title
, (but I shall wave that Matter.) The
Borrower
agrees to pay Interest Halfyearly, and Covenants, that if no part of the Interest of two Half-years together should be paid at the end of the Year, or within one Month after at the furthest, that then, and from thenceforth, such Year's Interest (whereof no part had been paid) should be deemed Principal, and from thenceforth should carry Interest: The Interest amounted to 400
l.
Half-yearly, yet no part of the Interest was paid within the first 13. Months;
a second
13.
Months
incurr'd, yet not one Penny paid of the Interest: The Lender being now dissatisfy'd, apply'd to
Equity; a third Year
incurr'd, during the
Proceedings
, and when the
seventh Half-year
was past, and not one Penny of the Interest paid, this Matter receiv'd a Determination,
viz.
that the
Lender
should be repaid his Principal, with three Years and a Half's Interest at 5.
per Cent. without any Addition
thereto.
Should
I suppose my self in this Case to have been the
Lender
, yet I would not complain; if I should use Invectives, the
Great Man
who gave this Determination, is, I believe, as well able to
justify
his Opinion now, as he was then to support his
Authority
.
One
other Case you may permit me to tell you; the Borrower had contracted to pay 5.
per Cent.
Interest, but covenanted, that if at any time two Half-year's Interest together should be behind, and no part thereof paid within one Month after the end of the Year, that then, and in such Case, the Borrower would allow and pay after the Rate of 6.
per Cent
Interest for such Year, (6.
per Cent.
being then legal Interest.) One Year and a Half passed, and no Interest was paid, nor could the Borrower be prevailed with to repay the principal Money with barely 5.
per Cent.
Interest; hereupon
Equity
was apply'd to, but after much Time and Money spent on this Matter, the Lender was allowed no more than barely his Principal with 5.
per Cent.
though his Matter was
complicated
with a Circumstance, which some eminent Practicers did agree, render'd it
a hard Judgement
. The Lender, in this last Case, was only an Assignee; the first Lender had the same Covenant for 6.
per Cent.
and the Interest in his time being ran far behind when the Mortgage was assigned, (which was done with the consent, and at the earnest Request of the Borrower,) this
first Lender
was actually paid after the Rate of 6.
per Cent.
(according to the Contract and Covenants) for two Years, which were then behind, and due to him; yet (after a further two Years and an Half's forbearance, and much longer before this Matter receiv'd a Determination) the
Assignee
was allowed only 5.
per Cent.
Interest; had this happen'd to me, it would certainly have inclined me to have placed for the future my little Cash entirely in the Funds; but it hath been my Fate to know also, that
bad Titles
are to be met with by Mortgagees; for these Reasons I gladly accept the same Interest
on the Funds
, as before on a Mortgage, and now I have
Quiet
, and can fully depend on receiving the Interest
duly
; however, your Advocate will have it, that YOU
Annuitants
have extraordinary Merits, and are not in the Condition of other Subjects; I shall therefore, without Exaggerating, tell you what I know of this Matter.
It
was once my good Luck to get
Admittance
at the
Exchequer
by
Proxy
, to subscribe for an
Annuity
, upon which Subscription, in little more than a Fortnight, I gained, at least, 800
l.
above Principal and Interest by the
Sale
thereof at the Price then Current, and which Price was daily
advancing
; this was done during the Winter; there was no
Battle fought
, nor any
Treaty of Peace
on Foot; and yet your Advocate doth assert such Gain to be
Meritorious
; but as most of you at this time may be only
Assignees
of the first
Annuitants
, and know little of the true Circumstances of these Transactions; I beseech you not to be too far misled by the insinuating and plausible Arguments, and the florid Discourses of your Advocate, but permit me, without offence, to represent your Case in a
truer Light
.
The
Views, and bewitching Prospect of
excessive Gain
, were such, when
some Annuities
were subscrib'd for, that they well deserve to be remembred on this Occasion; sometimes Books were laid open, wherein the Subscriptions were immediately fill'd up, before sufficient Authority was given for laying open such Books; and when the
Parliament
, and the
Exchequer
had given the Authority and necessary Directions for doing it, (if the ill Consequences of these Subscriptions did not avert one's Mind from making sport with the Matter,) I should be apt to say,
Spectatum admissi risum teneatis
? How many
Wealthy Citizens
with their Agents? How many
decrepid Usurers
were crowding by break of Day to get in formost on the first Opening? How many
sat up all Night
with their Bills and Notes in hand, or
Luggage of Bags
, brib'd the
Door-keeper
for Admission? And by this Means, some of these
brave Warriors
of the forlorn Hope, had opportunity of doing themselves the Honour within this
Field of Battle
, to lie all Night upon
their Arms
! These, and such like, as I have heard, were the true Circumstances attending some of these Subscriptions; and as for those whom your Advocate calls
good Citizens and Patriots
; they and their Agents (a few excepted) cannot justly be supposed to have acted thus only out of their abundant Affection for the
Good
and
Safety
of the
State
; it may, I think, with much more Justice be suspected, that many of them deserved rather the Name of
Parricides
, seeking to gorge themselves with the
Entrails
of their Country, at that time requiring their more compassionate Assistance; the Oppression and Artifice at such times as these cruelly practised, might justly before now have deserved a
Redress
from
Publick Equity
, if the Publick were inclinable to exercise the
Summum jus
, which your Advocate pretends to fear. How excusable this would be in the present Parliament, if there were any Necessity for it, and they were disposed to act thus, will plainer appear, if you permit me the Liberty to assert, that sometimes there was in Fact somewhat of
Extortion
, and want of
Equity
in many of those who lent their Money, and wrested these
Annuities
from the hands of those who would have
managed better
for the Publick, if they had been at Liberty to have acted for the best; but too many among the
Law-makers
, and others then in Power, imposed these
Bargains
on the
Publick
, and were upon the Matter too near a-kin, being many of them both the
Lender
and the
Borrower
; that my Assertion herein, may not be represented to be groundless or partial, it is necessary to proceed a little farther in stating what I know relating to this Matter, to the Honour of a
Worthy
and indefatigable
Servant of the State
, in Matters of this Nature; I stept sometimes out of the Court of
Chancery
to discourse with this Gentleman, proud of the Liberty he gave me in being admitted to do so; after I had twice urged him with Arguments
against granting Annuities
, he seem'd to be displeased, as if I reproach'd him and others who influenced these Things as Persons
managing ill
for the Publick; whether Mr
Lds
can recollect this Discourse, I know not, but I very well remember, that at length it was answer'd me with some Resentment;
"I don't want for Arguments to convince me that these
Annuities
are not the best Method of
Raising the Supply
; but what can we do? They will not be quiet without them!"
And by the Tendency of this Discourse, I conceiv'd, (as I do not doubt but that it was true in Fact) too many of the Parliament, the Officers of the
Exchequer
, and the great Corporations in
London
, were the chief Subscribers to these
Annuities
; and in short, either I mistook him, or this Gentleman's Words did imply, that, at this time, it was chiefly the Members of Parliament themselves that were bent upon Raising the Money this way.
But
let us come yet closer in this Matter; for though I have not any
Annuity in Possession
, I must own, Gentlemen,
nos inter nos
, that I have some
Reversions
; and do think that this were better to be discoursed among our selves, than to be thus exposed and publish'd Abroad.
The
Members of this present Parliament will not easily be perswaded, that when your
long Annuities
were subscribed for, and purchased at very low Rates, the Government really was at that time in such
imminent Danger
as is pretented; or that there was any
sudden Hazard
, and probable Loss foreseen: In
Times of Danger
, the Thoughts of Men are apt to be most quick and cautious; and who that had realy seen such Dangers
at Hand
, would have made this Choice; (the Purchasers might then have had almost what they would;) and certainly upon imminent Danger, or visible Hazard, an exorbitant Interest
for a short Term
had been much better and safer; and it will scarcely be believed, that where a Man can see that the
Title is dangerous
, he would, notwithstanding, make Choice of a
Lease
for so long a Term as
Ninety-nine Years
, and guard himself also against the
Right of Redemption
.
If
you, Gentlemen, are
true Friends
of the Government, and
Lovers
of your Country, you have
now
an opportunity of shewing it, and of serving your selves also, by
assisting chearfully
to set open the Gates of Redemption.
The
South-Sea
Company's
Proposal
has
raised
your
Annuities
three or four Years pur chase; if
you
like not to deal with them, it is probable, however, that so many
Others
will be
desirous
, as shall serve during this Transaction, to keep up the Price of your
Annuities
; if you as a
scatter'd Body
do suspect hard Usage from a powerful Corporation, your Access to the
House of Commons
is as easy as theirs; but if you endeavour to urge Things
too far
, I wish you to look back to the Case I have cited, where the
Borrower himself
allowed to the
first Mortgagee
, what the
Court of Equity denied
to his
Assignee
; yet I mistrust not the
Favour
of a
British
Parliament towards you, while you seek not to oppose that
great
and
good Work
which they have encourag'd.
In
setting a value on your
Annuities
, you'll consider that your 10
l.
per Annum
will be in your own Hands
a fixed Sum
, and
dead Weight
on the Government; but if subscribed into the
South-Sea
, or purchased by them, it will
after Midsummer
1727, begin to move off briskly, and will then be to them, and to the Government but 8
l.
per Annum
; you'll consider also, that the Stock of the said Company, may, and doth
advance
much
faster
, and higher in the Price, than your
Annuities
; and that their
Dividend
may be also greatly
enlarged
; but Yours as an Annuity with you will remain the same; these Things should chiefly incline you to set a higher or lower Value on the one, and the other, according as your own Reason, or better Ad vice shall direct you; but for you to apply to
Parliament
to
fix a Price
, (as some have discoursed, you do intend to do,) that you may
be certain of Admission
into the
SouthSea Stock
at that
Price
, this will be difficult to adjust, because of the greater
Variation
in the Price of
their Stock
; and if this were now fixed, the
South-Sea Corporation
would not be willing to be long
tied down
to such
fixed Prices
; nor can it be expected of them, while you remain still at Liberty to
sell
, or not, and to
subscribe
into them, or not,
at your Pleasure
! But this is not my Business; you among your selves will find out the Ways and Means for setling all Things to
mutual Satisfaction
; but what is part of my Business while I am Writing this, is to disswade from such Thoughts and Attempts as may prove the Ruin of many of your selves, and Families; I would apply this, not only to the
Annuitants
, but to all such
other Persons
as may be inclined, or drawn in to endeavour to
run down
the Price of
South-Sea Stock
; or under a Notion of setting a certain Price, or Value on this Stock, such a Price as is not in the least probable, (according to common Methods, and the Course of other Things,) it should exceed; and depending on such like Notions, are eager to
sell
this Stock
at time
for higher Prices, esteeming the Gain this way, as good as certain; or by taking large
Premiums
, or earnest Money, to deliver this Stock at three Months, six Months, or twelve Months after, at a fixed high Price; as suppose it be 150, 200, 250, &c.
per Cent.
Some also venture to sell this Stock when they have none; or do sell ten Times more than they have, or are able to make good upon a sudden Rise; such Notions and Practices, I say, may be the Ruin of many Families, and it is chiefly to
caution
against, and to use my endeavour to
prevent
this approaching and
spreading Evil
that I have taken Pen in Hand, and resolved to publish these Sheets, great Mischief hath often befallen those who have used
these Ways
in other Stocks, but certainly it will be found more dangerous and
fatal
in this Stock of the
South-Sea
Company. The
shallow Waters
are more proper for the
Fry
, and
smaller sized Fish
; Men of great Estates may
bear with
Losses this way, as well as by other ways of
Gaming
; but for a
light Purse
there is not any
Game
more
Fatal
.
The
Enlarging
the
South-Sea Capital
, and the Consequences thereof, as to the
Ministry
and the
State
, is a Production worthy of the
Genius of Great Britain
; but as to
Men of mean Estate
, it is,
Monstrum horrendum, informe ingens
. You Gentlemen may have heard of
Scylla
, and
Charibdis
; of
Ætna
, and
Vesuvius
; but here depend on't there are Mountains, and Rocks more stupendious; and by far more tremendous
Gulphs
! Beware then! Launch not out in
Fly-boats
beyond your Knowledge into this vast
Abyss
of
Southern Seas
: I fear not a
Chaos
of Confusion, or a second
DELUGE
, but do fully expect that the
next Age
in speaking of
this
, will use the words of
Ovid
Omnia PONTUS erat!
But
I am to ask Pardon of Sir
R
, and expect it from his 10th Page, where he promises to have
Patience
; and to deserve this at his Hands, I shall proceed to give him those
Hints
I promised,
viz.
That in many Cases,
Equity
is exerted, where Persons out of
Wilfulness
do prevent their own
Benefit
, as well as the
Publick Good
.
There
are Men that will not suffer their
boggy Land
to be
drained
; others, such Lovers of
Liberty
and the
Commonwealth
, that they will not suffer Wasts, Heaths, or commonable Grounds to be inclosed, though they might thereby become
Owners
of a Proportion in
severalty
; but in such Cases
Equity Over-rules
; in time of
Danger by Fire
, Houses are
pull'd down
, or blown up, for the
Publick Good
, though against the Will of the Owners; also to
preserve
the
Town
, the
Suburbs
are frequently burnt or demolish'd; even the
Town
is destroy'd to preserve the
Citadel
. A Person in Danger of immerging through the Weight, or Force of another, may even
destroy
the other to
preserve himself
; and a
Thousand
such like Instances might be given.
As
to our Author's 14th Page towards the latter part, and in the beginning of the 21st Page, I am willing to suppose some
Error of the Press
; especially where it is said, that the Borrower ought not to intermeddle with what
is Lent
, but by the Command or Application of the Lender; this, I suppose, should have been
the Security for what is Lent
, which the
Borrower
is not to meddle with; (because
this
moves from the Borrower, and
passeth
to the Lender) for if it were meerly the
Thing lent
, (as suppose it to be
Money lent
, which the Borrower is not to intermeddle with,) in such Case, if our Author will be so
Equitable
towards me, as to permit me for a while to intermeddle with, and
borrow
some of his Expressions, and to use, and apply them only for the present, as I think proper, in such Case, I would say, that this seems something like what he calls a
Chimera
, or
Crudity
; for at this Rate, his
Lender
would really be an
Oppressor
, and his
Borrower
a
Bubble
; and thus these Terms might be Synonimous, if not convertible; and our Author would have
proved
what he is not willing to own, (
viz.
) that his Lender not only
had
, but
still hath
too much
Command
over the Borrower.
After
the like manner, his Treatise
may
Endeavours to
prove, that the
Nation
, the
Parliament
, and in Consequence
their Assignee
the
South-Sea Company
(if they prevail) will become
Bankrupt
by paying their
Debts
at 20
s.
in the Pound; if so, the higher their Composition shall be, the greater (our Author may say) is the
Bankruptcy
, and thus, indeed, our Case will be very
desperate
; for 'tis more than probable, that such of the long Annuities as shall
come-in timely
, may receive by the
South-Sea Stock
from 200. to 300.
per Cent.
for what they
Originaly
paid; but while nothing worse than this is intended towards
them
, if there should be sufficient Occasion given,
summo Jure agere
, and that a little of the
duritia Juris
should be necessary, (something of wholesome Severity, to help to bring in, and to open the Eyes of such who shall blindly
mistake
their own Interest, and wilfully
oppose
the Publick Good,) what loud Complaints will Sir
R
make?
As
the
Annuitants
Annuities
are
Tax-free
, and the Proprietors have already been told, that they are exempt from any
NEW Direction
, they may also be told, that they are
Optimo Jure Prædia
, a
new
sort of
Freehold
; and thus those especially who have Annuities for
Life
, or
Lives
, may be animated, and induced to think themselves sufficiently
Entitled
to a Right of
Voting at Elections
for Members of Parliament, and if they would be thus hardy, who should be their Representative?
But
I must neither advance too far into Sir
R's
Province, nor quite forget our Author, it is he that will dictate in the Senate; if he does this after the manner he has promis'd us in his 28th Page, were it not better that he would forbear it? I shall not presume to propose any Thing to that
August
Assembly, and if I take the Liberty of incert ing here my Thoughts; it will be very obliging if they escape the Descants as well as the Railery of Sir
R
, who, perhaps, for the present, is too much exasperated; but I must expect the
Cavils
and various Reflections of the
many- minded Multitude
, the
incertum Vulgus
, of whom there is scarce any Thing certain, but this,
Quod scindet in contraria
; I use
Latin
, that they may not know what I mean, for they censure, and condemn what comes within their Knowledge, but are apt to admire what they do not understand; however, I shall freely expose my self to their Mercy, in Hopes that from my Thought
improv'd
, somewhat may arise which may tend to the Advantage and
Service
of the
Publick
.
We
have not, God be thanked, at this time, any
urgent Motives
that should prevail with us to buy
Foreign Gold
too dear; and to let other Nations into that
great Gain
they propose to make by the
Rise
of the
South-Sea Stock
, upon the
Enlargement
of their Capital; for which they are watching, and as it is said, are already preparing to catch the Opportunity so soon as a
Bill
in Parliament shall be
ready to pass
; or, perhaps,
only brought into the House
for this purpose; if, therefore, at once, and as it were in an Instant, (before it can be known Abroad, and Commissions sent hither,) the Stock of the
prevailing Company
should be advanced to near that
Price
which it ought to have, and may
reasonably bear
, the Annuitants hereby would be
silenc'd
, or Petition for Admittance; much of the Chicane, and Juggle of our
Quincampois
will be
avoided
, and the Publick, may obstruct, and very much prevent that Gain, which other Kingdoms, and States propose to make (
to our Loss
) on this Occasion; the
French Nation
are now too
late
strugling with many
Difficulties
for want of timely Management, with regard hereunto; yet this, it is likely, has not arisen so much from any Over-sight, or Defect in the Schemes of that enterprizing Genius, who hath the
chief Direction
, or of others with whom he must
Concert
; but thro' an over-ruling Self-Interest, on account of the
vast Gain
to be
privately made
by the many Turns and
Vibrations
his
Projects
would admit of; which it should not be supposed that he did not foresee, or failed to concert his Measures accordingly; a Profit, and
Gain
capable of being so
Immense
, that, whatever the
French Nation
in general may
suffer
thereby, if the
private Gain
hath really been such, and so great as it may reasonably be imagined, the Effects thereof may
too soon
be such, as may prevent it's remaining
long a Secret
to the rest of
Europe
; but my Pen hath already
let fall
too much
Ink
on this Subject; and, I fear, that what I have here only
touched
, may rather be taken for a
Blot
, than accepted as it is intended by me.
This
, however, may be
repeated
, that it would be greatly to our
Advantage
, by some
timely
, and proper
Means
to prevent
other Countries
from
sharing
too much, and carrying away the Profit of that
Advance
of our
Publick Securities
, which seems to be at Hand; and the due
Precaution
herein, is more absolutely necessary, because our
happy Constitution
does not admit a Reliance on such Artifices, and
After-Games
, as in
France
are easy to be
concerted
, and may as
suddenly
be put in
Practice
.
In
stating, and
arguing
the Case of the
Annuitants
, there appears so
little
Occasion for introducing the
Silesia Loan
, and so much
less
for mentioning the
Equivalent
allowed to
Scotland
, and also the
English Grants
; that some take Umbrage, and fancy there was not any
good
Reason for
picking out
these Instances.
But
if the Question is to turn upon the
Equity
, and
Power
of
Parliaments
, it will be
answer'd
by only stating the Question
rightly
; the
Nation
by a long and expensive War, is highly
incumbred
, and grievously
Oppressed
with many heavy
Debts
; the greatest, the most encreasing, the longest continuing, and the most
obnoxious Debt
is
the Annuities
; in short, the way thro' these
Annuities
is the only Right, and ready Road thro' which the
Government
must
pass
to ease the Nation of the Burthen of
all the rest
of these Debts; Now, whether you will have the
Government
to Travel by
Land
, or by
Water
, it will be the same; if the
Highway
is such as is
dangerous to Travellers
, and cannot otherwise be
amended
, there must be an
Act of Parliament
; and (giving Satisfaction to the
Owners
,) whatever is needful in such Cases must be done; Gates, Bars, Hedges, and all Obstructions may be removed; and new Gates, new Bars, and Turnpikes erected; and none may pass to buy, or sell, for the future, but by this
new Road
, and according to
new Directions
; also
Penalties, Levies
, and
Tolls
may be appointed for maintaining this
new Highway
; and, in like manner, for the
Publick Benefit, Rivers
are made
Navigable
; any Man's Lands are cut through, though
against the Will
of the
Owner
; and Goats, Sluices, Hatches, and Flood-Gates are erected; and must be
maintained
by the Owners of such Lands.
But
let us suppose that
many
should take
Offence
, and in
Opposition
to these necessary, profitable, and publick Works, would
act
as
Rioters
, or
Lunaticks
; and that such a
Number
of Persons should act thus, that
no other
Power but
Parliament
would undertake to
meddle
with them; would their
Number
, or the fear of their
Resentment
, awe the
Senate
, and prevent them from being used like other
Lunaticks
, who would mischief either themselves, or others? But, here, as to the Annuitants, it is said, the
Senate
hath promis'd not to
interpose
, or use their
Authority
; and hath Enacted, that the
Annuitants
shall not be in the same Condition as
other Subjects
, but during Ninety-nine Years shall be
exempt
from any
new Direction
; in this Case, if there were any
Court of Equity
above the Power of Parliament, there would naturally lie an
Appeal
to such
higher
Power; but there being
none
such, is the reason why the Parliament wherein this was Enacted, is liable to be controul'd, and
over-ruled
by the Power of a
future Parliament
; for in the Nature, and
Constitution
of the
British Legislature
, there is a
tacit
and
indefezible Equity reserved
, by Virtue whereof (as the Occasion of private, or publick Good shall require it) Acts of Parliament are, and will be explained, or amended; continued, or suffered to expire; repealed, revived, revoked, or annulled: As I may appeal from the Judgment of Sir
R
the
last Month
, to the Judgment of Sir
R better adviced
this Month!
But
in his 12th and 13th Pages, our Author mentions the Insurance of Ships as a parallel Case to this of the
Annuitants
; and defies any Man
breathing
to shew a juster Comparison; hereon he throws down his
Gauntlet
; and who shall dare to take it up? Sir
R
is not a Man of Straw; No! no! His Legs, his Arms, and his Sides are of Iron; his Countenance is terrible in Battle; though he can demolish a
stong Fortress
with a
Goose Quill
, yet the Staff of his Spear is like a
Weaver's Beam
; the Head thereof is of
polish'd Steel
, well pointed, and the Weight six Hundred Shekels.
In
this Matter I shall only have Recourse to A. B. C. and least this
Goliah
of the
Philistines
should be offended, and think this to be only flinging of
Stones
at him, I refer it to the
Gentlemen
of the
Inner-Temple
, whether these are not
lawful Weapons
in putting of Cases; others have much more
Art
in the Use of them; but I went for some Years to School in their
Society
, and very often to the
Grande Sale d'Armes
in the Parish of St
Margaret's
, near the Collegiate-Church of St.
Peter's
of
Westminster
, where I learned from those
expert Masters
, the Lord
S
, Sir
N W
, the Lord
C
, the Lord
H
, and Earl
C
, all right well skilled in the
High
and
Honourable Science
.
To
state this Case of
Insurance
plainly, we must suppose, that Sir
R's Ship
or
Vessel
was a very large
first Rate
; A
HUGE
one indeed! Almost as big as any Island in
Europe
; not quite so big as
Great Britain
, but about the size of the Kingdom of
England
. A. is the
Master
, or
Captain
of this Ship, B. represents the
Lieutenant
, the
Chaplain
, the
Purser
, the
Cockson
, the
Master-Gunner
, the
Boatswain
, the
Cock
, the
Mates
, and all the
Midshipmen
; C. represents the common
Sailors
, the
Swabbers
, the rest of the
Ship's Crew
, and all the
Passengers
; a prodigious Number! This huge Ship has not only all these Men on Board her, but also has a Cargo equal to the Goods and Effects of all the People of
England
. A. was himself on Board, and had large Effects of his own. B. was on Board with all his Effects, and the like of C; We are also to note, that C. represents almost all those who were themselves to be insured. Now, is it reasonable to suppose, that B. and C. would agree to give a very high Premium for Insuring this Vessel to any who had themselves a large share in the Cargo, and were themselves on Board, and to go the same Voyage, unless there was something
Extraordinary
in the Matter? Which some, I say, did think, was this, that B. and C. who were to fix and settle the
Rate of the Insurance
, were sometimes willing the same should be very much to the Advantage of the Insurers; and having themselves the Liberty of writing first, they at those times
subscribed
very
liberally
, and afterwards parcelled out to the generality, on worser Terms, the greatest Part of their Subscriptions; more Words need not be bestowed on this Matter; 'tis plain enough how unlike it is to the
common
Case of
Insurance
.
I confess
, that as to
Publick Credit
and
Parliamentary Faith
relating to
Property
, (if it were really in Question,) it would be very dangerous to make any Alteration without Consent of Parties; but is not
Consent
implied in whatever is
Enacted
? And if the
Terms
were to be
abated
, or any way
altered
, must not this be done by the Wisdom of the Nation on a
Rehearing
upon the
Equity reserved
? And shall it be gain-sayed, that it is for the
Publick Good
, or that it hath the
Consent
of Parties? I shall always acknowledge
That
to be
Lawful
and
Right
, which Parliament shall do; for, I well hope, that they never will do any Thing but
because
it is Lawful and Right! But Sir
R
, who hath a Right to
Debate
this within Doors, hath more
Jealousies
than others, and in six Pages more hath lost his
Temper
, and forgets that the Question will turn upon this, whether what is now doing, is
Evil, or Not
. If the
Parliament
should do it, it is an
Estoppel
to me to say that it is
Evil
; I submit my
Notions
to what is done by the
Legislature
, and believe it will be for the
Publick Good
, and do assert
Salus Populi suprema Lex
! But
Appealing
from the
Senate
to the
People
, is
pre-judging
the Cause, and censuring the
Proceedings
; why then hath Sir
R
Recourse from the
Wisdom
of the
Senate
, to the Passions and Ignorance of the
People
, unless he could support by just and unanswerable Arguments, that,
Vox Populi est Vox Dei
. If the Matter should require a Decision in the
Senate
, (which there appears not yet any sufficient Occasion for;) why must we admit, that the
Annuitants
either were, or will be
Overpower'd
? If there were much Danger when they Lent, the less Power the then Parliament had over them, for in Times of
Pub lick Danger
, the Power is in the
Purse
; the
Soldier
owns this Power when he tells us,
Point d' argent, point de suise
; and if that High, and
Sacred Order
might be mentioned, who exert their Power beyond the reach of the Sword, or the Bounds of this World, I would use only this
English
Adage,
No Penny, no Paternoster
; but certainly in this
nice Affair
, there is nothing of
Force
, or Power intended to be used, or any Terms to be
imposed
; but the Honourable House may find
Ways and Means
to preserve
Property
, that are not to be found in
Tully, Pliny, Livy
, or
Plutarch
, or in any of Sir
R's
School-Fellows; though I have lately been assured, that in the Matter of
Accounts
(especially such as should be
rendered to the People
,) there is not now remaining in any
Kingdom
in
Europe
, any
Method
to compare with what was in use among the
Romans
while they preserv'd their
Liberty
; and refer Sir
R
to Mr.
T W, F. R. S.
for further Satisfaction in this Matter, who hath
promis'd
to oblige the World with a
Treatise
on this Subject, and from his Collections out of old
Roman Authors
, to teach us a
better Method of Accounting
.
I should
have as little Temper as any Man, if it did appear, that any
Wrong
would be done to the
Annuitants
! I will even admit, that
Annuities
are necessary, and the only
Estate
proper for some Persons; but such Persons may sell to the
South-Sea Company
at a high Price, and buy again much cheaper of the
York Building's
Company; and with them, the
Annuities
will be secured on the
Lands
they have, and shall Purchase. I grant also, that some few of the
long Annuities
were subscribed at times of
Danger
, and that such of these as remain still in the Hand of the
Subscribers
, or have never been Sold, do deserve a particular Regard: But still, I say, that our Author's Arguments, when strip'd of pompous
Words
, are bare Assertions, and are mostly so ill-grounded, as can neither convince me, nor any other, (who in earnest does with the National Debt fairly, and
soon
discharg'd,) that the
Annuitants
in general do merit his Encomiums, though he
pleads
for them with the Firmness of
Mutius
; if they were really such
Lovers of
, and
Champions for
their Country, where among them are the
Decii
? Who is now the
Curtius
? If it be true, that our consummate
General
hath left them; I mean, the
British Hero always Victorious
; but Sir
R
meets with such
noble Examples
in
Roman
History, that by his 28th Page it is plain, that 'tis a very hard Matter for any Man,
while in the Ministry
, to please him. When I once complained as he does, I was told, that even
Churchmen
, were Men;
Statesmen
, were only Men emminent in the State;
Parliament Men
, but Men in the Parliament; and that the
best of Men
, were but
Men at best
!
Having
received much Delight, and Satisfaction from several of Sir
R's
Performances, I will say nothing to the
Virulency
, and
Invectives
in the close of his Pamphlet, only this, that I wish they were not to be found in it; when I read them, I was
surpriz'd
to find a Person so versed in
Scholastick Authors
, practice so contrary to the Notions we imbibe from them in our Youth.
Adde quod ingenuas dedicisse fideliter artes
Emollet Mores, nec sinet esse Feros.
This
manner of swelling Pamphlets with
Invectives
, and
Complaints
, brings to my Remembrance what I heard from the late
Speaker
Sir
T. Littleton
; he happen'd to have in his Coach some
Ladies
, whereof One at every
Shock
of the Perch, or
unequitable Motion
of a Wheel, was ready to
scream
, and
squeal aloud
; Sir
Thomas
grew very uneasy, lest the Lady should fright her self into
Fits
, but her Neice said,
"Don't be
concern'd
Sir
Thomas
, my Aunt is not more
afraid
than others; she
commonly does thus
; she hath an
agreeable Voice
, and thinks this
squealing
becomes her!"
When
some of these
Annuities
were granted, (if the Facts were as herein beforementioned,) I should be apt to think, (though I will never say it,) that, the Terms of, and in such
Annuities
, were voted, not
Virtute
but
colore Officii
! Had there been such In stances under a
French
Government, where
Quod principi placuit Legis habet vigorem
, we should long ago have heard their
ultima Ratio
, and the
Equity
of their last Resort----
Tel est Nostre Plaisir
.
But
while the Realms are
Bless'd
with such a
King
, and we have such a
Ministry
, I shall not mistrust, that
this Nation
will either
do
, or
suffer
any publick Wrong.
5th of
February
, 1719-20.
FINIS.
An Humble PROPOSAL FOR THE Increase of our Home
TRADE
, AND A Defence to
GIBRALTAR
:
BEING A better security for all our Shipping that Trades in the Straights, and entirely checks and restrains the growth of Highway-men, Foot-pads, House-breakers, Shop-lifters, Horse-stealers, Incendiaries and Others, that are guilty of enormous Crimes; rendering them useful, that in case of a War, it will be above a Hundred Thousand a Year in this Kingdoms way.
By JOSEPH DAVIES.s
LONDON
: Printed for the AUTHOR, 1731.
The PREFACE.
Courteous READER,
FOllowing the Custom of other
Writers
, I have made a small Porch to my humble Proposal, where I beg Leave to shelter myself from any impending Storms, as first from those Gentlemen who may contemn my honest Studies for a Publick Good, because it comes from a Person of so mean an Appearance, and not of some Rank or Distinction, whose very Name fix'd to it wou'd have given it Authority, and a general Acceptance. And to those who through Education, or Party Perswasion, or Interest, or other private Reasons, may be of a different Opinion, that this was not done to affront them, or to oppose their Humours; no, my chief Design is the Reasons offer'd for a National Service. And to those who I seem to level at, I next apply myself to.
And these, through their misguided Wills, may draw down their heavy Displeasure upon me, which I dread more falling into their Hands, then I do Boras's Blasts, or Neptune's Salt Waves; tho' I am offering nothing but what may tend to the reforming of their Lives and Manners; and as the Physick may not be Toothsome, it may prove Good and Wholesome both to Soul and Body; and it has made my Heart Bleed to see and hear of so many Youths cut off before they come to their thinking Age, and Transportation is but a Bubble, and some of them knows the Secret; but sending them to Gibralter, being a middle Way, whereby Justice will be satisfied, the Offender punish'd, their old Hopes dissappointed of coming back at Pleasure, Mony saved, and honest People may Travel more safely, and abundance of Ships preserved, Trade better secured, the Nation become more formidable, and His Majesty's Reign made to shine greater then any of His Predecessors.
An Humble
PROPOSAL
,
&c.
It is most humbly propos'd
,
THAT if his Majesty and the Nation will be pleas'd to allow of a few Gallies to be built at, or sent to
Gibralter
and
Port-Mahone
, to be man'd with Convicts, such as are cast for Transportation. The bare Apprehension of being made a Galley-Slave, will strike such a Terror into the Minds of those vile People;
viz.
Highwaymen, Foot-pads, Housebreakers, Shop-lifters, Pick-pockets, Horse-stealers, Incendiaries and others, that are guilty of enormous Crimes, who like
Locusts
swarm in our Roads and Streets, and infects all Places to such a degree, that honest People are not safe, either at Home or Abroad; but when these People shall know to their dread, that instead of Transportation, they shall be sent to row in Gallies, or other Labour, without any hopes of Freedom till their Sentence is expired, it will certainly put a stop to Thieving and Villany, for it will cause such a Terror upon their Minds, of the Rigour, that those Paterroons, or Officers of the Gallies, exercises over those unfortunate People, who for the Punishment of their Crimes are thus dealt with, and could not be restrained by any milder Methods.
This with all humble Submission, seems a far better way then to take away the Lives of so many hale young Men, who perhaps never saw Twenty, and had been well educated, and of honest Parents, being cut of before they have liv'd out half their Days.
That by this Proposal they may be saved, and brought to a sense of their past Follies, in following of an extravagant vicious course of Life. And may be the happy means to convince them and others of the real Advantages of an honest sober way of living, that they may become serviceable to their Country in their several Trades and Capacities. But as they have by their repeated
Robberies
, and other
Villainies
wrong'd the Nation in general, they may be made use of for a National Service, which in some measure may attone for the Mischiefs they have done, in the course of their past Lives.
And I shall further offer, that by sending of these Convicts to our Plantations and Collonies, it is only a mock upon the Nation, for we find by woful Experience that it does not answer the good Purpose, for which the Transportation Law was enacted; for it does not
lessen
the Number of Thieves, or put a stop to exorbitant Tempers of these vile People; for the change of the Climate makes no Alterations either in their Manners or Morals, for wicked they was and so they continue. And learns, to be, by their being often transported, half Sailors, but compleat arch Rogues.
Jamaica
and other Parts of the
West-India
Islands by their wicked Behaviours, has enter'd into a Protest, to entirely refuse taking one of them.
And no doubt but those Places where they are sent to now, will be forc'd to follow their Examples. And their Banishment which was designed as their Punishment, they make use of to repeat all their former
Villainies
, giving ill Examples to their Youths, persuading their Negroes to rob their Masters and run away with them, either aboard the Pyrates, or
Spanish Guard de Coast
, they being thoroughly qualified for any vile or base employ. And the poor Sufferers that have been sadly abus'd, and their Substances taken from them, by those Savages in the shapes of Men, have often reflected on those who gave them these Opportunities, that they did not hang them out of the way at first.
These People making a Ridicule or Banter of Transportation, telling one another, that it is but a trip over the
Herring Pond
, their Passage being paid,
Dg their Pretious Bloods, if that Country shall hold them long
; they being thoroughly acquainted with the way of it, which to all thinking honest People, is the highest Contempt of the Law, and encourages and buoys them up in their vile Practices.
But how long these People shall serve, I will not offer to name, but leave that to the Wisdom and Prudence of the Law-makers, and their Judges to the nature of the Crimes they are convicted off.
I beg leave, humbly, to offer briefly, some few of the repeated Services, that Gallies may be made use off.
For as there is a strong Current, sets always through the Gut, if it proves Calm, which is frequent in those Parts: Ships that have been coming through, have drove past
Gibralter
, as high as
Malaga
, and others that have been coming down, have met with these Calms, and Ships of great Value, which tho' so near, could not fetch into the Bay, and so exposed to great Dangers, and some that have been taken by the
Spaniards
, who always kept lurking with their Gallies, on purpose for those Opportunities, that our Cruizers could not come to assist them; and in sight sometimes of
Gibralter
, which is the highest Provocation, and has been done to the unspeakable loss of
Trade
, the Ruin of abundance of Merchants and Sailors; but these Evils will be sufficiently made up and provided against, For we can with our Gallies in Conjunction with our Men of War, command all Ships passing, or re-passing in those Seas, rendering there Trade difficult to them, and of many Advantages to us of this Kingdom, that between the Ships we may save of our own, and what we may take of others, in case of a War it may be some hundred thousand Pounds a Year, For then not a Ship shall be suffered to pass, either coming in, or going out, but we may speak with them,
Blow High, Blow Low
.
I humbly appeal, to the Right Honourable the Lords Commissioners of the Admiralty, and Captains of Men of War, and others, how serviceable Gallies have been made use of in an Engagement, to tow out of the Line all disabled Ships, and to bring others in their Stations.
And Gallies will entirely prevent any Trade by Sea to old
Gibralter
, and there other Harbours, with there small Vessels, that went along Shore in the last Rupture, and brought 'em fresh Supplies and Stores, that our Men of War could not prevent, it being not safe to venture so close to the Land, and our Long-Boats was not a Match for them, and it will certainly awe the
Algereens
, and
Sally-Rovers
, who so oft in my Memory, have play'd the Rogue with us, in making War and Peace at their Pleasure, and our Rich Presents.
And as this is offer'd with an honest Intention for a Publick good, to prevent these Evils for the Time to come; yet as there may arise several Objections, I shall briefly Answer, to some of the greatest that may be brought against this Proposal.
Objection.
It may be a great Expence to the Nation in building of Gallies
.
I Answer that, by what it has cost the Government between the Rewards of those that have been capitally convicted, as for some 300
l.
for others 50
l.
40
l.
and the four Pounds four Shillings, that the Government pays for the Passage of every one that has been Transported, but since this King has come to the Crown, it may be made appear, that it will far out ballance the Charge of building a sufficient number of Gallies; and if I might offer further without disobliging, that the Charge of one Third Rate, in building and fitting her out for the Sea for six Months, by a modest Computation, will far out ballance the Cost of these Gallies.
But I humbly beg, that I may be understood, that by this Proposal, I am not for lessening any one Ship in his Majesty's Royal Navy, which is so much the Glory and Defence of these Kingdoms, and the Terror of the whole World, but that Gallies may be added as Tenders, or as shall be thought most for Service to them.
Obj.
How many Gallies may be sufficient, to employ such Numbers that are sent away from Time to Time
.
Answer
, Eight may be enough, four or six at
Gibralter
, the other at
Port-Mahone
, as shall be thought most for Service, every Galley to employ 312 Men, so that by what shocking Terrors it may cause on the one Hand, and the surely securing them on the other, putting it out of the Powers of these People to return back, till the time of their Sentence is expired, as hundreds has done from the Places where they have been transported too: And I have been fully informed, that there is no Law to dispose of them as Servants, but only to put them ashore to run wild there, and not to return back, it being Death without benefit of Clergy; this puts them to rob and plunder the Country, till they can find an Opportunity of meeting a Master of a Ship, either at
New England
, or some other Place, who is as willing to employ them as they, for a Passage back, and perhaps some gets 10
l.
for there run Home, giving themselves other Names, but some has been so fool-hardy, in open defiance to the Law and Justice, to come to the Place that they was transported from, and have been took and Executed for it; so that by this Proposal, they will be reduced to such small Numbers, more than ever yet could be done by
Deaths
or
Banishment
.
And it is plain, that we have had more robbing in
England
in one Month, then has been committed in
Italy, Spain
, or
Portugal
in twelve Months, and it's thought it is owing to those Countries having Gallies, putting it out of the Power of those People to play at
Fast
and
Loose
.
Obj.
That it is offer'd against a Free People
.
Answer
, I own it is the Happiness of the People of
England
, that we are a free People, that our Laws are made by joint Consent of King and Parliament, that we have many Privileges above other Nations; and that we are not extorted to any Confession, either by wracking on the Wheel, or other inhuman Inventions which is shocking. But I humbly conceive that when a Person is convicted by Evidence of breaking the King's Laws, they have lost all pleadings of their Freedoms, but is entirely at the Laws and King's disposal, whether for Life, Death, Banishment, or long Imprisonment, or Liberty. And Transportation was first thought to be, as great a breaking into the Rights and Freedom of these People, as now Gallies is offer'd; and Transportation was well designed, tho' of late Years it has proved the reverse.
Obj.
That some would rather chuse Death then suffer themselves to be thus confin'd
.
Answer
, It is the unhappy Temper of some Men, they never was, or desired to be made usefully Good, or morally Honest, for their exorbitant Humours, which admits of no Bounds when that comes to have a restraint put upon it, by the just Methods of the Law, it either flings them into those vile wild desperate Resolutions, that had always been their directors to chuse Death, rather than to undergo these gentle Severities; or else it so dispirits them, by a sullen change of their Minds, that they had rather chuse Death in all its hideous forms, then to be brought under any Subjection; like some Creatures that I have seen in
Virginia
, when first caught wrangles with their Bridles and Masters, and endeavours to be their own Executioners, but by Degrees are brought to Use and Labour, and so they may be made serviceable to God and their Country, and run wild no longer.
Obj.
As it is Peace, we have no Occasion for Gallies, and so we don't know how to employ these Convicts
.
Answer
, All wise Parents provides the Rod, and has it ready to make Use of, when Necessity requires it; and as his Majesty, Lords and Commons, are the Nations Parents, they are not to depend upon being always in Peace with
France
and
Spain
, and some others that are our Rivals in many Branches of Trade in the
Mediterranean
; and we see with what Resolution and Industry the
Spaniards
are at this Time, in building Forts at
Gibralter
Bay, and
Cabrita
Point, against the first Rupture, tho' they may gloss it over by many false Pretences, it is plain as the Sun at Noon-Day, by their bringing to them so many heavy Cannon, it is to be in readiness against and so to make the Bay of little use to us, for where our Ships rides it will be under the Command of their Forts; so that I shall leave that to all wise thinking Men, if that be Wisdom in us of this Nation to suffer it, whilst it's in our Power do some things that may disappoint all their cunning designs and mischievous views; and what I would humbly offer, that our Government would be as thoughtful and industrious to promote things for a Publick Good, as
Spain
is, and there is an absolute necessity for the building a Mole Pier, or Harbour, as laid down by that little prickt Line in
the
New Mole, which will be several Years in building, at a vast Expence to the Nation, if you hire Workmen out of
England
; but the Method I propose of sending Convicts, it will save the Nation a Million of Money, but when finish'd, will put such a baulk on the
Spanish
Policy, and likewise be a place of safety for all our Ships in hard Gales of Wind, and thus they may be employ'd tho' in times of Peace, in building some necessary Fortifications both there and at
Port-Mahone
, as may render those Places impregnable.
And shewing this to some Ingenious Gentlemen, that were truly satisfied with the usefulness, and repeated Services that Gallies would be off; but their main Objection was, that Gallies would not be comply'd with for fear of disobliging the
Spaniards
.
Ans.
For the same Reason it is thought that some is for giving them
Gibralter
, but it will be an unwise Action, if they do, and the fatal Consequences that will soon follow, will but too plainly show it, and the
Spaniards
are not endued with the same good Nature, or Care to disoblige us, when they built that Fort at the head of the Bay to annoy our Shipping, and to hang a Master of a Ship in sight of us, for bringing the Garrison some small Necessaries, and to continue their
Guarda Costa
, to Kill, Plunder and take our Shipping in the
West-Indies
, and one, or two up the
Straits
, and to make Prizes of them; and now by a strict Order forbid upon Pain of Death, all Communication with us at
Gibralter
, both by Sea and Land, though we have been at an immense Charge with our Fleets to serve them: But I shall say no more to this Objection, but leave it to the Thoughts of all honest
Englishmen
who are not corrupted, or in a Lethargy; only this that Gallies in conjunction with our Men of War, will be as great a Thorn in their Sides, as any one thing we can do to them.
I would beg leave to give some few short hints why we should not part with
Gibralter
.
For by keeping of it, as I have propos'd, by Gallies assisting our Men of War, all Nations will have such a share of Trade as we are pleas'd to allow them; for
Gibralter
may justly be call'd the Key of the
Straits
, and if ever we part with it, we lock the Door against ourselves; and we shall vastly suffer in those two most profitable Branches of Trade, as first our
Turkey
Trade, that takes off such quantities of Cloth, as Scarlets, Purples and Bays, and employs so many Thousands of Families. And our
Newfoundland
Trade, that brings into this Kingdom some hundred thousand Pounds a Year of ready-money got out of the Sea; besides a Nursery for Sailors: Tho' it may be objected that our Fleets can command Entrance at any time in the
Straits.
Answer
, That Trade that must be carry'd on
with so
high a Hand, will suffer and lesson, for the following Reasons, as first the
Turkey
Trade, for the
French
who are a cunning subtle People, have learnt to make to a great Perfection the same sort of Goods; and will take the Advantage whilst we are forming Fleets, to supply them from
Marseilles
, which lies near at Hand. And next our
Newfoundland
Ships, which are neither Ships of Force or Runners, these will be also badly off, for as Fish is a perishing Commodity, whilst they are getting ready to join their Convoy, from their several Harbours, there Fish may be spoil'd, instead of enriching ourselves by Trade, it may prove to the utter Ruin of abundance of honest industrious Families, and vastly lesson his Majesties Revenues, and flat and dull the Spirit of Trade; for it was always the Strife and Ambition of those Persons, that traded that way, to be their only Care, to be first at Market because of a Price.
And in keeping of
Gibralter
and
Port-Mahone
, we have Harbours and Store-houses of our own, at that distance, where we can shelter, clean and refit our Ships without being beholden to any other Nation, and if any others should become Masters of that Place, but God forbid they ever should, they would make us pay for going thro' the
Straits
Mouth, all one as we do at our Tole-Gates, which will not agree with the Honour of our
English
Nation; as being always stiled Masters of the Seas, and so bring a Yoke upon us, that we nor our Children are able to bear, and our Fathers would have made them to tremble to have mentioned it to them.
The common and most frequent Objection that is made use of, is, How did we do before we had Gibralter?
Ans.
Such Persons that States this Question may well be suspected, that they have some private Advantages of their own, or other sinister Ends; so that they are Deaf to all other Reasoning then a tame surrender of the Place.
And as to those that have not given themselves fairly to think and weigh the Matter in the Ballance of the Sanctuary, I would ask, Have they consider'd the World grows more Numerous and Politick? And are they acquainted with the Situation of the Place, and how that the Spaniards have Ceuta, which lies opposite to Gibralter, and that by keeping of Ships and Gallies in both those Bays, that both Shores will become alike hazerdous for Ships that passes that way.
And these Gentlemen might as well Argue, How did we do before we had such Numbers of brave Ships of Force and Beauty in His Majesty's Royal Navy, or such fine commodious Docks and Yards to build and refit in, and the use of Guns and Powder, or the Art of Printing; and may other very useful Arts and Sciences brought to wonderful Perfection, both for Profit and Pleasure, that now we cannot be without? and with due Submission, it may be said, To what Purpose is it to enlarge the King's Dominions in the West-Indies, or elsewhere, or to neglect all due Care to preserve our trading Ships; but it is to be wish'd and hop'd Gibralter will, notwithstanding the thick Mist that are before some Peoples Eyes, remain in the Possession of the Kings of Great Britain, 'till Time shall be no more?
Those Places being gain'd at the Expence of so much Blood and Treasure.
Some may object that I am a hindrance to Trade, because I argue against sending of Felons to our Plantations; because it is those Countries, that takes of such large quantities of our Home Goods.
Answer
, I own it is, but as to those Felons, as I have made it appear, there is not one in forty stays there, but I would humbly offer for the good of Trade, to prevent the rotten from going, and that will preserve the sound, and we having many Millions of Acres of good Land unimprov'd for want of People; and those Countries producing many beneficial Commodities, that we of this Nation wants, which will employ many Thousands of Families. That all Trades will be the better for it, but especially the Woollen Manufactories, Hatters and Smith's-work in all its Branches; which employs whole Towns in
England
at those Trades; and may be the happy means to prevent such Numbers, who through decay of Trade are become poor, and thrown to lie rotting in Goals, so shocking to Human Nature: And it might prevent others who are forc'd through the difficulties they meet with, to get a living for the common Necessaries of Life, turn Thieves, Whores, Night-walkers, Forgers, Sharpers, Smugglers, Receivers, Procurers, Bawds, Gipsies, Fortune-tellers, Insolvent Debtors, Parish Poor and common Beggars, and others, that goes round the Countries, imposing on those well inclin'd charitable People by false Passes, as Pretenders by loss of Fire, Shipwreck, hard Rents, loss of Cattle, Suretyship, decay of Trade, and the like; if these were to go to our new Settlements, as there is proper Encouragements by Merchants, and other Gentlemen, for going there, it would be their truest Interest to go, that they may not be a Neusence to the Places they inhabit, or burthensome to the Parishes where they belong to, for they will be put upon a Footing to do good for themselves, get Estates for their Families, they becoming Customers to us, and we to them for their Produce; so that the mutual Trade will tend very much to the Benefit of both, and to the Increase of His Majesty's Revenues.
POSTSCRIPT
.
Courteous READER,
AFTER several Years Observation of the Situation and Strength of Gibralter, and the Benefit of so good a Harbour as Port Mahon, and the Honour and Happiness that we of this Nation have in being Masters of such important Fortresses, which I have laid down in the shortest Method I could, having more Reasons to offer, that will protect all Persons at Home, of what Rank or degree soever, from the Insults of Thieves and Enemies, and be the happy Means of saving a many Lives and Ships.
And I do assure you, it was not out of Ambition to be thought an Author, or to have my Name in Print, I had no such Views, for I was a Midshipman on Board the Oxford Man of War when I wrote these, under the Command of the Right Honourable the Lord Vere Beauclerk; and talking of these Things to several Officers of Men of War and Commanders of Merchant Ships, they importuned me to give them a Copy of what I had wrote, I comply'd with their Request, never designing to proceed any farther.
But coming for England, and talking about the present Affairs, I show'd some Gentlemen what I had wrote, they never ceasing asking me for a Copy of it; but finding I was engaging myself to write more than my Inclinations or Time would allow, I offer'd to get some few printed.
These Gentlemen still prompting me to go on, and by their repeated Perswasions that Things of this Nature which is offer'd for so publick a Good, could not fail of meeting with a generous and national Encouragement; and I hope that private Gentlemen, Shopkeepers, Tradesmen and others that lives remote from the Sea, and may have no Dealing that way, cannot plead Ignorance and say they do not understand it, but must own that this Proposal is well designed, and if comply'd with by our Legislatures, it will be for the good of every Body.
And I being a Stranger to any great Men, is the only Reason why I take this laborious Method of tiring my self, in hopes I may meet with some true Patriot of their Country, whose Power and Authority may be the Means of getting these my humble Proposals preferr'd to the Consideration of his MAJESTY and both Houses of Parliament.
But as I have not wherewith to support the Charge of getting six or seven hundred printed on a fine Paper to give to every Member one, as they go into the House, with other unavoidable Expences, whilst I give my Attendance to get those Things preferr'd at the next Sessions of Parliament.
And I do assure you, whatever you in your Goodness and Wisdom shall contribute towards the said Cost, if it be ever so small, it shall be carefully and frugally laid out for those good Ends and Purposes, as proposed; and I humbly beg Leave to say, that I am a Contributor, tho' I have taken the labouring Ore.
There may arise one Objection more, that is, If the Men are taken care of, What must be done with the Women?
Answer
, It was the Men that was their Cover, and in view of their Protections, that they were guilty of so many vile Actions; and, according to the Proverb, if there was no Whores, there would be no Rogues; and if there was no Rogues, there would be no Whores; so that it is like the Plague, they Infect one another; but, sending the Men to Gibraltar, will be an entire Seperation from their old Companions, and lessen the Numbers of these Women Thieves.
And as to Transporting the Women, it may be serviceable to the Country where they are sent to, and may easily be kept in such Restrictions, that they may be render'd very useful; for if they should attempt to run through the Woods two or three hundred Miles, what would they be the nearer, for no Master of a Ship will entertain them; so that there is an impossibility of their coming back, which will oblige them to be good Servants, and may for the remaining part of their Lives, become honest Women.
THE
EXPLANATION
OF THE
MAPP
.
A.
THE Ships going in the Straits Mouth,
B.
is the Bay of
Gibraltar
,
C.
is a Galley towing in of as Ship clear out of Gun-shot, from any of the
Spanish
Forts,
D.
is the Figures that shows where and how many Fathoms of Water you have in the Bay,
E.
is
Cabrita
Point, where the
Spaniards
are building a Fort with a mischeivous Design, that our Ships will be forc'd to keep at a further Distance, more in the Current of the Gut, that if they have not a fair Wind to run in, the Current will hurry them past the Bay,
F.
is old
Gibraltar
, where the
Spaniards
have a large Town,
G.
is a small Island, where the
Spaniards
have built a strong Fort of 12 heavy Cannon that commands that Side of the Bay
.
H.
is the Highland that goes into the Country of
Spain
.
I.
is the
Spaniards
New Fort, that gives us so much uneasiness, and well it may, for it commands that part of the Bay as laid down in the Mapp, where the two Ships Rides, and so they will render the Bay of little Use to us,
K.
is the Circumvention Wall that goes a cross the Low-land, to cut of all Communication from
Gibraltar
,
L.
is the Prince and Princes Batteries and
Willis's
Battery, that stood all the
Spaniards
firing, and now is so well fortified that our Men can stand to their Guns under cover Boom proof,
M.
is the Town
Church
and
Hospital
,
N.
is the old Mole where small Vessels Rides,
O.
is the new Citidel,
P.P.P.
is the Bastons and Forts all along to
Europa Point
,
Q.
is the new Mole,
R.
is the prick'd Line the designed Work, that I above every thing else strives to promote, and that we cannot be without, and when finish'd, will be clear out of Gun shot from the
Spanish
Forts, and be as safe Harbour for all our Ships that puts into the Bay,
S.
is the Signal House, where there is a look-out kept that gives notice to the Town, by hanging out upon a Pole as many large Balls as they see Ships a coming, either from the Eastward or the Westward,
T.
is
Europa Point
, the Southermost Land of all
Europee
,
V.
is the
Barbary
Shore,
W.
is
Cauta
Bay, and a large City inhabited by the
Spaniards
, and is a strong Garrison where the King of
Spain
sends all his State Prisoners, and about 3 Miles to the Westward is the Moors Camp where they Trade all Day and Fight all Night,
X.
is
Tangier Bay
, where is a large City inhabited by the
Moors
call'd the Royal City of
Tangier
, and a little to the Westward stood old
Tangier
, formerly in Possession of the
English
, but now Demollish'd,
Y.Y.Y.
is the Ships going up the Mediterranian, the Cross shows the Points of the Compass.
This Mapp being an exact Description of the Bay and Forts of
Gibraltar
, but the
Barbary
Shore is not Drawn to the true Distance by the Scale of Miles, by Reason of the Plate, but is done to give the Reader, who is not acquainted with the Place, the satisfaction of knowing what is meant by the
Streights Mouth
.
*
The Star is to shew how our English Gallies may Take, Sink, or Burn the Spanish small Vessels that go close to the Shore. The Moorings, is where the Men of War thet are Station'd Rides.
And the Reason why I fixt the Map to this Proposal, is to give the clearest Apprehension of the Policy of Spain in building their Forts, and by the Methods laid down to shew how we may render their cunning Devices and wicked Attempts vain, and by the Blessing of God blast all their Projects, as we did their so fam'd invincible Armado in Queen Elizabeth's Reign, tho' laid as deep as the contrivance of Enemies or wicked Men can invent.
FINIS.
Laws and Ordinances OF WARRE, Established for the better Conduct OF THE ARMY,
By
His Excellency
the Earl of ESSEX, LORD GENERALL Of the Forces raised by the Authority of the PARLIAMENT, For the defence of
King
and
Kingdom
.
And now inlarged by command of HIS EXCELLENCY;
And Printed by his Authoritie,
LONDON
, For
Luke Fawne
. 1643.
ROBERT
, Earl of
Essex
, Viscount
Hereford
, Lord
Ferrers
of
Chartley, Boucheir
and
Lovain
: Captain Generall Of the Army raised by the Authoritie of
Parliament
, for the defence of
King
and
Kingdom
.
TO all the Officers of the Army, Colonels, Lieutenant-Colonels, Serjeant-Majors, Captains, other Officers and Souldiers of Horse and Foot, and all others whom these Laws and Ordinances shall concern.
Which
Laws
and
Ordinances
hereby published to all the said Persons respectively and severally, are Required and Commanded to observe and keep, on the Pains and Penalties therein expressed.
Laws and Ordinances of Warre.
Of Duties to God
.
I.
Blasphemy.
FIrst, Let no man presume to blaspheme the holy and blessed Trinity, God the Father, God the Son, and God the Holy Ghost; nor the known Articles of our Christian Faith, upon pain to have his Tongue bored with a rod-hot Iron.
II.
Cursing.
Unlawfull Oaths and Execrations, and scandalous acts in derogation of Gods Honour, shall be punished with losse of Pay, and other punishment at discretion.
III.
Neglecting Divine Worship.
All those who often and wilfully absent themselves from Sermons, and publike Prayer, shall be proceeded against at discretion: And all such who shall violate Places of publike Worship, shall undergo severe Censure.
Of Duties in generall
.
I.
Intelligence with the Enemy.
ALL such as shall practice and entertain Intelligence with the Enemy, by any manner of means or flights, and have any communication with them, without direction from my Lord Generall, shall be punished as Traytors and Rebels.
II.
Relief of the Enemy.
No man shall relieve the Enemy with Money, Victuals, Ammunition; neither harbour or receive any such, upon pain of death.
III.
Yeelding up of Forts.
If a Town, Castle, or Fort be yeelded up without the utmost necessity, the Governour thereof shall be punished with death.
IV.
But if so be, that the Officers and Souldiers of the Garrison, constrain the Governour to yeeld it up: In such a case shall all the Officers be punished with death, and the common Souldiers who have been active, or have given their consent in constraining the Governour, shall cast lots for the hanging of the tenth man amongst them.
V.
And withall to know in what case and circumstances a Governour, and the
Militia
of the Garrison may be blamelesse, for the surrendring of a Town, Castle, or Fort, it is hereby expressely signified: That first they are to prove the extremity of want within the place, insomuch that no eatable provision was left them for the sustenance of their lives. Secondly, That no succour or relief in any probable wise could be hoped for. Thirdly, That nothing else could be expected, but that within a short time the Town, Castle, or Fort, with all the Garrison, and Arms, Ammunition, Magazine, and appurtenances in it, must of necessity, fall into the hands of the Enemy. Upon proof of which forementioned circumstances, they may be acquitted in a Counsell of Warre, else to be lyable to the punishment above expressed.
VI.
Careless Service.
Whosoever shall be convicted to do his Dutie negligently and carelesly, shall be punished at discretion.
VII.
Violating of a Safe guard.
Whosoever shall presume to violate a Save-guard, shall die without mercy.
VIII.
Whosoever shall come from the Enemy, without a Trumpet, or Drum, after the Custome of Warre, or without a Passe from
His Excellency
, within the Quarters of the Army, or within a Garrison Town, shall be hanged up as a Spie.
Of Duties towards Superiours and Commanders
.
I.
Violating of the Lord Generall.
WHosoever shall use any words tending to the death of the
Lord Generall
, shall be punished with death.
II.
Quarrelling with Officers.
No man shall presume to quarrell with his superiour Officer, upon pain of Cashiering, and Arbitrary punishment; nor to strike any such, upon pain of death.
III.
Departing from Captains and Masters.
No Souldier shall depart from his Captain, nor Servant from his Master, without license, though he serve still in the Army, upon pain of death.
IV.
Silence in the Army.
Every private man or Souldier, upon pain of Imprisonment, shall keep silence when the Army is to take Lodging, or when it is Marching, or Imbattallio, so as the Officers may be heard, and their Commandments executed.
V.
Resisting against Correction.
No man shall resist, draw, lift, or offer to draw, of lift his Weapon against any Officer, correcting him orderly, for his defence, upon pain of death.
VI.
Unlawfull Assemblies.
No person shall make any mutenous assemblies, or be present or assisting thereunto, or in, or by them, demand their pay, upon pain of death.
VII.
Resisting of the Provost Marshall.
No man shall resist the Provost-Marshall, or any other Officer, in the execution of his Office, or break prison, upon pain of death.
VIII.
Seditious words.
None shall utter any words of sedition and uproar, muteny, upon pain of death.
IX.
Concealing mutenous speeches.
A heavy punishment shall be inflicted upon them, who after they have heard mutenous speeches, acquaint not their Commanders with them.
X.
Receiving of Injuries.
Whosoever shall receive an injury, and shall take his own satisfaction, shall be punished by Imprisonment, and as it shall be thought fit by the Marshall-Court: But he that is injured shall be bound, if he do not forgive the injury, to seek reparation by complaint to his Captain, or Colonel, or other superiour Officer, and it shall be given him in ample manner.
Of Duties Morrall
.
I.
Drunkennesse.
DRunkennesse in an Officer, shall be punished with losse of Place; in a common Souldier, with such penalties as a Court-Marshall think fit.
II.
Unnaturall abuses.
Rapes, Ravishments, unnaturall abuses, shall be punished with death.
III.
Adultery.
Adultery, Fornication, and other dissolute lasciviousnesse, shall be punished with discretion, according to the quality of the offence.
IV.
Theft.
Theft and Robbery, exceeding the value of twelve pence, shall be punished with death.
V.
Provocation.
No man shall use reproachfull, nor provoking words, or acts to any, upon pain of Imprisonment, and further punishment, as shall be thought fit to be inflicted upon enemies to discipline and service.
VI.
Seizing upon dead mens goods.
No man shall take or spoil the Goods of him that dieth, or is killed in Service, upon pain of restoring double the value, and Arbitrary punishment.
VII.
Murther.
Murther shall be expiated with the death of the Murtherer.
Of a Souldiers Duty touching his Arms
.
I.
Full armour.
ALL Souldiers coming to their Colours to watch, or to be exercised, shall come fully armed, upon pain of severe correction.
II.
Slovenly Armour.
None shall presume to appear with their Arms unfixt, or undecently kept, upon pain of Arbitrary correction.
III.
Loosing of Horses and Arms.
If a Trooper shall lose his Horse or Hackney, or Foot-man any part of his Arms, by negligence of lewdnesse, by Dice or Cards, he or they shall remain in qualitie of Pioners and Scavengers, till they be furnished with as good as were lost, at their own charge.
IV.
Pawning or selling of Armour.
No Souldier shall give to pawn, or sell his Armour, upon pain of imprisonment, and punishment at discretion; and wheresoever any Armour shall be found so sold or pawned, they shall be brought again into the Army.
V.
Wilfull spoiling of Horses.
If a Trooper shall spoil his Horse willingly, of purpose to be rid of the Service, he shall lose his Horse, and remain in the Camp for a Pioner.
VI.
Borrowed Arms.
If one borrows Arms or another to passe the Muster withall, the borrower shall be rigorously punished, and the lender shall forfeit his Goods.
VII.
Imbezelling of Ammunition.
None shall presume to spoil, sell, or carry away any Ammunition delivered unto him, upon pain of death.
Of Duty in Marching
.
I.
Waste and extortion.
NOne in their March thorow the Counties shall waste, spoil, or extort any Victuals, Money, or pawn, from any subject, upon any pretence of want whatsoever, upon pain of death.
II.
Taking of Horses out of the Plow.
No Souldier shall presume, upon no occasion whatsoever, to take a Horse out of the Plow, or to wrong the Husbandmen in their person, or Cattell, or Goods, upon pain of death.
III.
Stragling from the Colours.
No Souldiers, either Horse or Foot, shall presume in Marching to straggle from his Troop or Company, or to March out of his rank, upon pain of death.
IV.
Spoiling of Trees.
No Souldier shall presume, in March ing or Lodging, to cut down any fruittrees, or to deface, or spoil Walks of trees, upon pain of severe punishment.
Of Duties in the Camp and Garrison
.
I.
Swerving from the Camp.
NO man shall depart a mile out of the Army or Camp without license, upon pain of death.
II.
Going in or out by wayes.
No man shall enter, or go out of the Army, but by Ordinary wayes, upon pain of death.
III.
Drawing of Swords after setting the Watch.
No man shall presume to draw his Sword without Order, after the Watch is set, upon pain of death.
IV.
Giving a false Alarum.
No man shall give a false Alarum, or discharge a peece in the night, or make any noise without lawfull cause, upon pain of death.
V.
Drawing Swords in a quarrell.
No man shall draw any Sword in a private quarrell within the Camp, upon pain of death.
VI.
Revealing the Watch word.
He that makes known the Watchword without Order, or gives any other word but what is given by the Officers, shall die for it.
VII.
Offering violence to Victuallers.
No man shall do violence to any that brings Victuals to the Camp, upon pain of death.
VIII.
Speaking with the Enemies Messengers.
None speak with a Drum or Trumpet, or any other sent by the Enemy, without Order, upon pain of punishment at discretion.
IX.
A Sentinell asleep, or drunk.
A Sentinell or Perdue found asleep, or drunk or forsaking their place before they be drawn off, shall die for the offence, without mercy.
X.
Failing at the Rendevouz.
No man shall fail wilfully to come to the Rendevouz or Garrison appointed him by the
Lord Generall
, upon pain of death.
XI.
Remaining unrolled in the Army.
No man that carrieth Arms, and pretends to be a Souldier, shall remain three
dayes
daies in the Army without being inrolled in some Company, upon pain of death.
XII.
Departing without leave.
No man that is enrolled, shall depart from the Army or Garrison, or from his Colours, without License, upon pain of death.
XIII.
Out staying a Passe.
No private Souldier shall out stay his Passe, without a Certificate of the occasion, under the hand of a Magistrate at the next Muster, upon pain of losing his pay, during all the time of his absence.
XIV.
Absenting from the Watch.
He that absents himself when the sign is given to set the Watch, shall be punished at discretion, either with Bread and Water in Prison, or with the Woodden Horse.
XV.
Discontented with their Quarters.
Whosoever shall expresse his discontent with his Quarter given him in the Camp, or Garrison, shall be punished as a Mutineer.
XVI.
Lying or supping out of the Quarters.
No Officer, of what quality soever, shall go out of the Quarter to Dinner or Supper, or lie out al-night, without making his Superiour Officer acquainted, upon pain of cashiering.
XVII.
Keeping of the Quarters clean.
All Officers whose charge it is, shall see the Quarters kept clean and sweet, upon pain of severe punishment.
XVIII.
Letting of Horse feed in sown grounds.
None shall presume to let their Horses feed in sown Grounds whatsoever, or to endamage the Husbandmen any way, upon severest punishment.
XIX.
Whosoever shall in his Quarter, abuse, beat, fright his Landlord, or any Person else in the Family, or shall extort Mony or Victuals, by violence from them, shall be proceeded against as a Mutineer, and an enemy to Discipline.
Of Duties in Action
.
I.
Repairing to the Colours upon an Alarum.
NO man shall fail immediately to repair unto his Colours (except he be impotent by lamenesse or sicknesse) when an Alarum is given, upon pain of death.
II.
Flying.
No man shall abandon his Colours, or flie away in Battail, upon pain of death.
III.
Flinging away Arms.
If a Pike-man throw away his Pike, or a Muskettier his Musket or Bandilier, he or they shall be punished with death.
IV.
Burning and wasting.
No man shall burn any House or Barne, be it of friend or foe, or wilfully spoil any Corne, Hay, or Straw, or Stacks in the fields, or any Ship, Boat, Carriage, or any thing that may serve for the provision of the Army without order, upon pain of death.
V.
Killing an Enemy who yeelds.
None shall kill an enemy who yeelds, and throws down his Arms.
VI.
Saving of men armed with Offensive Arms.
None shall save a man that hath his offensive Arms in his hands, upon pain of losing his Prisoner.
VII.
Flinging away Powder.
Whosoever in skirmish shall fling away his Powder out of his Bandiliers, that he may the sooner come off, shall be punisht with death.
VIII.
Imbezzelling of the prey.
No Souldier shall imbezzell any part of the prey till it be disposed of by the
Lord Generall
, or others authorized, upon pain of death.
IX.
Concealing of Prisoners.
No Officer or Souldier shall ransome, or conceal a Prisoner, but within twelve hours, shall make the same known to the
Lord Generall
, or others authorized, upon pain of death.
X.
Pillaging without licence.
No man upon any good successe, shall fall a pillaging before licence, or a sign given, upon pain of death.
XI.
Retreating before handy-blows.
A Regiment or Company of Horse or Foot, that chargeth the enemy, and retreats before they come to handy-strokes, shall answer it before a Councell of War; and if the fault be found in the Officers; they shall be banished the Camp; if in the Souldiers, then every tenth man shall be punished at discretion, and the rest serve for Pioniers and Scavengers, till a worthy exploit take off that Blot.
Of the Duties of Commanders and Officers, in particular
.
I.
Commanders must see God duly served.
ALL Commanders are straightly charged to see Almighty God reverently served, and Sermons and Prayers duely frequented.
II.
Commanders must acquaint my Lord Generall with dangerous humours.
All Commanders and Officers that finde any of discontented humors, apt to mutenize, or any swerving from direction given, or from the policy of the Army set down, shall straightway acquaint the Lord Generall therewith, or others authoriz'd, as they wil answer their neglect.
III.
Defraud of Souldiers pay.
Any Officer that shall presume to defraud the Souldiers of their Pay, or any part of it, shall be cashiered.
IV.
Stopping of Duellers.
No Corporall, or other Officer commanding the Watch, shall willingly suffer a Souldier to go forth to a Duell, or private Fight, upon pain of death.
V.
Drunken and quarrelsome Officers.
What Officer soever shall come drunk to his Guard, or shall quarrell in the Quarter, or commit any disorder, shall be cashiered without mercy; and the next Officer under him shall have his Place, which he may pretend to be his right, and it shall not be refused to him.
VI.
Carelesse Captains.
A Captaine that is carelesse in the Training and Governing of his Company, shall be displaced of his Charge.
VII.
Officers outstaying their passe.
All Captains or Officers that shall outstay their Passe, shall be punished at the Lord Generals discretion.
VIII.
All Officers bound to part quarrels.
All Officers, of what condition soever, shall have power to part quarrels & frays, or sudden disorders betwixt the Souldiers, though it be in any other Regiment or Company, and to commit the disordered to Prison for the present, untill such Officers as they belong unto are acquainted with it: And what Souldier soever shall resist, disobey, or draw his Sword against such an Officer (although he be no Officer of his Regiment or Company) shall be punished with death.
Officers non-resident in Garrison.
IX.
A Captain or Officer non-resident in the place assigned him for Garrison without license, shall have one Moneths pay defaulted for the first Offence, and two Moneths for the second: upon the third Offence he shall be discharged of his command.
Cashiering of Souldiers.
X.
After the Army is come to the generall Rendevouz, no Captain shall cashier any Souldier that is enrolled, without speciall Warrant of the
Lord Generall
.
Mustering of false and counterfeit Troops.
XI.
No Captain or Officer of a Troop or Company, shall present in Musters, any but reall Troopers and Souldiers, such as by their pay are bound to follow their Colours, upon pain of cashiering without mercy. And if any Victualler, Freebooter, Enterloper, or Souldier whatsoever, of any Troop or Company, shall present himself, or his horse in the Muster, to mislead the Muster-Master, and to betray the service, the same shall be punished with death.
Commissaries of Victuals and Ammunition must be true.
XII.
No Provider, Keeper, or Officer of Victuall or Ammunition, shall imbezell or spoil any part thereof, or give any false account to the
Lord Generall
, upon pain of death.
Of the Duty of Muster-Masters
.
Muster Masters conniving at counterfeits.
I.
NO Muster-Master must wittingly let any passe in the Musters, but such as are really of the Troop or Company presented, upon pain of death.
Captains must send a Roll of their men to the Lord Generall.
II.
All Captains shall cause their Troops or Companies to be full and compleat; and two dayes after the Generall Mustering, they shall send to the
Lord Generall
a perfect List or Roll of all the Officers of their Troops and Companies, and likewise of all the Troopers and Souldiers that are in actuall Service, putting down distinctly on the head of each man his Monethly Pay.
Every Pay-day.
III.
The like Roll or List shall the Captains send to the
Lord Generall
, and to the Treasurer of the Army upon every Pay-day, during the Service, with a punctuall expression at the bottome of the said Roll, what new Troopers or Souldiers have been entertained since the last Pay-day, in lieu of such as are either de ceased or cashiered, and likewise the day whereon they were so cashiered and entertained.
Subscribed by all the Officers of the Troop or Company.
IV.
Which said List or Roll shall be subscribed, not onely by the Captain and his Lievtenant and Coronet or Ensigne, but also by the Sergeants and Corporals respectively, who shall declare upon their Oath, That the Troopers and Souldiers enrolled in the said List, are reall and actuall Troopers and Souldiers of the respective Troops and Companies. And whosoever shall be convicted of falshood in any of the premises, shall be cashiered.
Muster-Masters must use no other Rolls.
V.
No Muster-Master shall presume to receive or accept of any Roll to make the Musters by, but the forementioned Rols, upon pain of the losse of his place, and other punishment at discretion.
Counterfeit names in the Rolls.
VI.
No man shall presume to present himself to the Muster, of to be inrolled in the Muster-Rolls by a counterfeit name, or surname, or place of birth, upon pain of death.
Of Victuallers
.
Victuallers issuing naughty Victuals.
I.
NO Victuallers shall presume to issue or sell unto any of the Army, unsound, unsavoury, or unwholesome Victuals upon pain of imprisonment, and further Arbitrary punishment.
No Souldier must be a Victualler.
II.
No Souldier shall be a Victualler without the consent of the
Lord Generall
, or others authorized upon pain of punishment at discretion.
Unseasonable hours kept by Victuallers.
III.
No Victualler shall entertain any Souldiers in his House, Tent, or Hutt, after the Warning-piece at night, or before the beating of the
Ravalee
in the morning.
IV.
No Victualler shall forestall any Victuals, nor sell them before they be appraised by the Marshall Generall, upon severe punishment.
Of Administration of Justice
.
Summary proceedings.
I.
ALL controversies between Souldiers and their Captains, and all others, shall be summarily heard and determined by the Councell of Warre, except the weightinesse of the cause require further deliberation.
The Provost Marshall must look to his prisoner.
II.
All Officers and others who shall send up any Prisoners unto the Marshall Generall of the Army; shall likewise deliver unto the Marshall, the cause and reason of the Imprisonment; And without such cause and reason shown, the Marshall is expresly forbid to take charge of the Prisoner.
III.
When a Prisoner is committed to the charge of the Marshall Generall, The information of the crime which he standeth committed for, is to be given in to the Advocate of the Army, within 48 hours, after the commitment, or else, for default thereof, the Prisoner to be released, except good cause be shown; wherefore the Information cannot be ready within that time.
Goods of the destinct.
IV.
The Goods of such as die in the Army or Garrison, or be slain in the service, if they make any Will by word or writing, shall be disposed of according to their Will. If they make no Will, then shall go to their Wives, or next Kin. If no Wife or Kindred appear within a yeer after, shall be disposed of by the appoint ment of the
Lord Generall
, according to the Laws Civill and Military.
Civill Magistrates imprisoning Souldiers.
V.
No Magistrate of Town or Countrey, shall without license imprison any Souldier, unlesse for capitall Offences.
For debts and other small offences.
VI.
In matters of debts or trespasse, or other inferiour cases, the Magistrate shall acquaint his Captain, or other chief Officer therewith, who is to end the matter with rhe consent of the complainant, or to leave the party grieved to take his remedy by due course of Law: And if the Officer fail of his duty therein, the
Lord Generall
upon complaint of the party grieved, will not onely see him righted, but the Officer punished for his neglect in this behalf.
Braving the Court of Justice.
VII.
No man shall presume to use any braving or menacing words, signes, or gestures, while the Court of Justice is sitting, upon pain of death.
Receiving of Run-awayes.
VIII.
No Inhabitant of City, Town, or Country, shall presume to receive any Souldier into his service, or conceal, or use means to convey such Run-awayes, but shall apprehend all such, and deliver them to the Provost Marshall.
Detecting of Offenders.
IX.
All Captains, Officers, and Souldiers, shall do their endeavours to detect, apprehend, and bring to punishment all Offenders, and shall assist the Officers of the Army for that purpose, as they will answer their slacknesse in the Marshals Court.
X.
If the Marshall shall dismisse without Authority, any Prisoner committed unto his charge, or suffer him to make an escape, he shall be lyable to the same punishment due unto the dismissed or escaped offendour.
Offences whatsoever to be punished by the Laws of Warre.
XI.
All other Faults, Disorders, and Offences not mentioned in these Articles, shall be punished according to the generall Customes and Laws of Warre.
ANd to the end that these Laws and Ordinances be made more publike and known, as well to the Officers, as to the common Souldiers, every Colonell and Captain is to provide some of these
Books
, and to cause them to be forthwith distinctly and audibly read in every severall Regiment, by the respective Marshals in presence of all the Officers; In the Horse Quarters by sound of Trumpet; and amongst the Foot by beat of Drum: And weekly afterwards, upon the pay day, every Captain is to cause the same to be read to his own Company, in presence of his Officers. And also upon every main Guard, the Captain is to do the like, that none may be ignorant of the Laws and Duties required by them.
THese are to Authorise you to Print for the use of the Army, The
Laws and Ordinances of Warre
, by me established, and of late inlarged by my Command, for the better conduct of the Service. And likewise by these presents to forbid all others to Print the same at their perills on the contrary. Given under my Hand, 25.
Novemb.
1643.
ESSEX
. To
Luke Fawn
, Stationer.
CERTAINE
PROPOSALS IN ORDER To a new Modelling of the LAWES,
AND
Law-Proceedings,
For a more
Speedy, Cheap,
and Equall
Distribution of
Justice
throughout the
Common-Wealth
.
Amongst which, besides others, is briefly Argued the great inconvenience which arises,
1.
From the distinction of Courts of
Common Law
and
Chancery
.
2.
By
Extemporary
Verdicts, Orders, and Decrees.
3.
By the Judges, Juries, and Perjurers not being lyable to make full
Restitution
unto such as are injured by their Perjury, or Erroneous Judgements; together with their
Remedies
.
AS ALSO
: Certaine Considerations for the Avancement of
Trade
and
Navigation
. Humbly propounded unto the Supreame Authority the Parliament of the Commonwealth of
ENGLAND
:
By
Henry Robinson
.
LONDON
: Printed by
M. Simmons
in
Aldersgate
street, 1653.
TO The Supream Authority of this Nation, the Parliament of the Commonwealth of ENGLAND
.
Right Honourable
,
DOubtlesse it is not unknown to your Honours with what various expectations the Nations round about, & even the people amongst us, have fixed their eyes upon you, whom Providence hath set upon the English Throne. Certainely it was farre enough from your owne thoughts within these few moneths, and therefore you cannot be said to have been ambitious of it, much lesse to have long coveted it. To run division of mens different opinions touching the Call your Honours had thereunto, it cannot be expected, it should not be controverted, since nothing is exempt there from, and not a few believe all knowledge to be
scepticall
. But this I am sure of, that whereas all Powers and Governours hitherto did so much seeke themselves, as that either their own or their Predecessors swords made way for them, your Call and admittance hath been so peaceably, as doth clearly
demenstrate
the people did not only stand in need of you, but that you are obliged by all ties both divine and humane, to relieve them in this great extreamity of theirs, according to your utmost abilities, and the power which Providence shall invest you withall.
These Nations have beene reckoning or accounting with their Governours, and such as they sometimes honoured with authority over them for about these dozen years; one while advancing and setting up this person and party, and soon after pulling them down again, and at last routing them all, their Corporation and Charter, by which through the prevalency of a crasie depraved major party, they began according to their Predecessors footsteps, to pretend they might by the Prerogative thereof give us stones instead of bread, and Serpents instead of fish,
Mat.7.
Go on wasting of our blood and treasure, without securing us in the liberty either of our own consciences, persons, or Estates: and whilst we thus bemoaned our sadde condition, sighing, groaning, and crying out, who will doe us good, in rescuing us from selfe-seeking Partisons, your Honours have set your selves in the gap, and undertaken our deliverance.
Goe on therefore with the same courage and integrity you have begun: and though your Predecessors left you much worke to doe, yet be not disheartned therewith, Supream Authority was never attained too with so much ease before, and cannot portend lesse then greatest Happinesse unto this Nation by improving the same aright, or greatest infelicity unto your selves, if you should forgoe the opportunity which is put into your hands. We say nothing is difficult unto a willing mind, much lesse to such as have both will and power, least of all when both Heaven and Earth concur in making smooth the wayes you have to walke in for working out deliverance unto these Nations. Wherefore as you have begun, goe on in the feare of God, and love to good men, let nothing amuse or startle you; there is no hazard or danger in doing good, and good is not so hardly distinguishable from evill, right from wrong, Mine from Thine, as Moun tebanke Statists, and Lawyers would make the world believe.
Please then to redeem the time your Predecessors have lost, and begin to gratifie us first with what we most stand in need of: Examine our Civill Lawes and Disciplin, mend, or make them such as may become suitable, wholsome, and thriving to us in time of peace, as our Martiall Laws and Discipline were during the late Warrs. To have no written Lawes may be thought to be a condition without rule, or lawlesse; and yet in whose heart is not the Eternall morall Law engraven'd? might not a people be better governed then this Nation hath been hitherto, without any other rule or standing Law then of not doing that unto any man, which a man would not have done unto himselfe? but because the written Law either out-reaches, or doth not reach most cases, it were better to have no
written
Law, no Common Law at all, then not to have a Chancery to quallifie it, as to contract or stretch it, according to the righteousnesse of all circumstances; but to be subject to the extreamities of them both singly, to be first rack'd, and made weary of our life and cause by the dull senselesnesse of one of them, the Common Law; and after that to be unrackt, rackt backe or over againe by the pleasure, suggestion, or nothingnesse of the other, the Court of Chancery , will much call the Judgment of this Nation in question, to be out-witted by a generation of Lawyers, and their hangers on, in being at charge to maintaine them at one fifth part of all our Revenues yearly, for tormenting us, and continuing our lives and all we have at uncertainty, and their own mercy.
If we do but consider a little, wee shall easily finde that such a Court as we meane by a Common Law Court, must necessarily be so litterall, so bestial, as that it must not yeeld a haire upon any occasion; as well Gods glory, as good peoples welfare must be sacrificed to it; nothing but
summum jus
, rigid right, or right rigidness, which is
summa injuria
, extream injuriousnesse, can be expected from it; only a knave or godlesse person who seekes no other happinesse, but his owne Revenge; nor hath other rule or conscience then his owne lust, will easily fence himselfe against the litteralnesse thereof, and expose the Innocent as a prey unto it.
On the other side, that which we call a Court of Chancery, is such an absolute Prerogative Royall, as that every knave, oppressor, or revengefull person is able, upon no ground or cause at all, but meerely upon suggestion to commence and continue a suite, from one generation to another, with such plausibility, according to the printed Orders of the Court, and the Courts own contrary practice, as that to heare it argued, a man would not be able to guesse how it will likely be finally determined, about 20. or 30. yeares hence, unlesse hee could tell which side were like to have most money to see most
Councellors
, and what Councellors were then so feed: But if you will resolve to dash both Courts in pieces one against the other, and erect one out of them both, endowing it with a power of Equity to Judge all people and causes in a middle way equally and indifferently, as neer the Letter of the standing Law as each respective case can be brought, all circumstances considered according to principles of righteousnesse and reason, and so cashier those Laws, or legall cheates of Fines and Recoveries, Statutes, Statutes-Staple, Recognizances, Leases of Ejectment, Mortgages, Penall Bonds, difference of Tenures, difference of Actions, Writs of Error, Outlawries, Bills of Middlesex, and such other Law-legerdemain, the great mistery of the Lawyers will be more common, and farre more easie then it is now, to Cook a dinner for their pallate.
But
I beseech your Honours to reflect a little upon what I say in this particular: Our men of Law avouch their Mystery to be the most abstruce and difficult, and consequently to require the greatest art and study to be exact and profound therein of any in the world; whereas above
1600
yeares agoe the Apostle
Paul
reproaches the
Corinthians, 1
Cor.
6.5. &c.
in that there was not a wise man amongst them that might judge between his Brethren, and not suffer them to goe to Law before the Heathen: and what kinde of men were these that
Paul
there censures? surely much like the
Coblers, Button-makers, Taylors, Weavers
, with all manner of Handicrafts-men and Labourers, the inferior, poor, illeterate, despised of this Nation, who in the latter times of the world, we have observed to be zealous of the
Honour of God
, inquisitive after
Truth
, and
conscientious
towards their Brethren; and yet
Paul
thought they might, nay ought to have been wise enough to judge between their Brethren: surely
Paul
and our men of Law were of a different opinion, and I must crave leave to add, that if there had been amongst the Gentlemen of the Law-faculty, the like zeale to God-ward , or compassion towards their Brethren, they could never have so long endured to be present at the Bar, and heare so many conscientious innocent people lye under oppression for want of English Lawes to relieve them, nor so many righteous Causes to be formally arraigned, condemned, and made Law-martyrs, without compassing a redresse for us before this time.
If the
written
Law,
common
Law,
custome
, be in the Cause in question, it will be as clear as the Sun, it will require no more then first to read the case, then the written Law, and the Judgement will follow as undeniable as the conclusion doth the premises of a rightly formed sillogisme.
Thus easie and clear would every Cause (to be decided by
common Law
) be, if it were taken in time, before it grew wild by the long run, and leisurely opened, and truly stated.
But if a Cause do not appeare thus clear to be determined at
common law
, then forthwith the
equitable
part of the Law takes thought of it, and the Judge having both of them to his guide, hath nothing else but this to consider of: That since ther was no
written
Law wch came home to the point, what a reasonable & understanding man ought to have don in such a case, all circumstances considered: and 2. how far forth the party complained of, hath acted by the rule
of
such reason and understanding (which may be truly said to be the
common law
of
Nature & Nations
, not of
England
onely) and may be presumed to have done, as he would be done unto in such a case, and to give Judgement accordingly.
Now whether upon such like notions, and further enquiry, this, so much pretended dark Mystery of the Lawyers, may not become more practicable and easie then Cookery, as I said, which is common to every houshold, let those Gentlemen themselves, and the most ingenious Professors amongst the rest, vvhen they have better leisure, give their opinion, towards the undeceiving, and so enfranchising of the People.
I vvould not be thought notvvithstanding to deny that these Gentlemen have not a kinde of lip-learning, or artifice, especially of words and tearms, beyond men of other Trades and Callings, wherewith their Customers are either enchaunted, or led into by-paths, beyond their owne knowledge, and there left and lost both they and their estates. And how far forth such art and cunning is for their owne credit, and our good, let themselves be judges also.
But of all learning certainly that of the Lawyers is the most vaine, not onely unnecessary but mischievous, destructive to a Common-wealth: and I have no little wondred to heare them stiled in every Order, Councellours learned in the Law, but that it is by the Clerks and Registers of the same feather, and for their owne interest sake; whereas their learning is but Law-cheating, jugling, pocket-picking, which the tyranny of our former Governours (fearing otherwise that they should not be thought to have Law as well as Gospel to uphold them in their oppression, and keeping us in ignorance) suffered us not to speak against, or get redressed.
I hope, and earnestly request such Gentlemen of this faculty, to whom I have any manner of Relation, and such especially to whom I acknowledge many obligations (and who I conceive mean no wors then other men who finde themselves put, or settled by their Ancestors in a way or Calling which they thinke themselves little obliged to question or suspect) that they will not be offended at this language; since all Courtship , fair means, and long-suffering hath prevailed nothing with them , though sundry of the most eminent amongst them, professed the necessity of redresse, and seriously engaged to see it done severall yeares since
.
I am sorry for my own Countrey-sake to make this Observation of it: That there are not such cunning famous pickpockets, cheaters, thieves, in any part of the World, as in this Island of
England
. And as this Mystery of Law-cheating could not have been brought to passe, nor continued by its Abettors, without a kind of gracelesse wit and ingenuity; so did not the rest of the Nation want wit enough to counter-worke and rout them, but that the people of this Nation have enjoyed lesse civil liberties then other Nations generally throughout the Papacy, and where its supremacy domineers; though they pen and keep them up close as to their Religion, yet in civill matters they have had much more freedome and liberty of propounding for or against what they saw conduced to or against Common-weale, and by that meanes had the advantage to become sooner and more civillized, and to partake of more civill accomodations then
England
hath yet been happy in.
And because you have herein to deale with a numerous subtile party, the
Anakim's
and
Goliah's
of the Nation, against whom every individuall true English man, even out of self preservation is obliged to come in to your assistance, I, though amongst the least of them, yet being no lesse willing then engaged to appear faithfull in my station, doe humbly tender these ensuing
Proposals
.
Wherein though I speake often of depositions, examinations, and certificates taken upon Oath, yet it is onely by reason of the usuall practice thereof at present. My opinion being that Oaths should not be made so common, but that all men should nevertheless be proceeded against for whatsoever they had damnified any man for false Witnessing, or
certifying
against him, though it were not upon Oath.
Scarce a motion at Common Law, or in Chancery, but if we offer it not, the Judge cryes out,
Who makes Oath thereof
. At Sessions and at Assizes, all up and downe the land, nothing but Oathing of it, swearing and forswearing, though not so often yet as publicke, and as unpunished, and the parties as remedilesse, though perhaps most Causes are lost by the perjurie of one or other. At Custome-house and Excise Office, nothing to be done without an Oath. Oh the Land doubtlesse suffers, and knows it not, by reason of Oaths, and so much the more have we to answer for, in that we make a meer
formality
thereof. First we make the people swear whether they
will
or no, and when that's done, we rest not thereupon, but cast about how to make them appeare forsworn, and when that's found out, we punish them not at all for the most part, and never proportionable to their transgression: But how easily might this land be free from these great scandals and offences, and that with much civil ease and advantage, both unto the Governours and People. The chiefe use, I meane abuse, of Oaths, is as afore I have said, in our Courts of Justice, and about receipt of the Common-wealths duties of Costume, Excise, and Taxes throughout the Nation. Upon all which occasions it is Propounded,
First
, That all Evidence given in any Court of Justice, be either by the persons themselves present in Court, and that in such case to be registered, or else by way of Examinations taken upon Interrogatories, or Certificate to be signed by the parties Examined, or certifying before a Judg, Justice of Peace, or other Officer appointed in that behalf, who may attest the said subscription, and if any person doe testifie or certifie any thing untrue, to the prejudice of his Neighbour, whether in person, goods, or name, let him be lyable to satisfie all dammages and charges whatsoever, unto the utmost, and be punished corporally, and worke it out, if he have not wherewithall to discharge it otherwise.
Secondly
, The securing of the Common-wealths duties without thus Oathing of it, and tormenting of the people is as easily compassed. The late Parliament by severall Acts and Ordinances, ordered them to be paid, and perticularly that of the Excise, according to such rules and rates as are thereby limited, imposing a forfeiture of double the value of the Goods of the Excise whereof the Common-wealth should at any time be defrauded: half this penalty had been sufficient if the said Acts and Ordinances had not imposed upon the people greater trouble and vexation then was necessary for securing of the duty, or just for the people to be exposed to about payment of it, which the grand Commissioners and their Officers might with so much more ease and comfort to themselves, have executed.
Wherefore for such duties as must necessarily be continued, wheteher of Custome, Excise, or otherwise, when the Rates are once agreed upon, and ordered to be paid and received with as little trouble and vexation as is consistent with security of the duty, the bare forfeiture of the Goods offending will be penalty sufficient, being restitution of about twenty for one upon most Comodities, one halfe to the Common-wealth, and the other halfe to the Informer: and who but a mad man will adventure ten or twenty to one, if the Orders for preventing frauds be but wisely contrived, and diligently and faithfully executed. Secondly, as to the Orders, that they be directed especially to secure the duty at the
fountaine
head, whilest the Comodities are in few hands, and easier to be looked after, as the Importers, and Exporters for the
Customes
, Smelters of Lead, Tinners, Planters, and Grovers of all Native Comodities, Makers and Importers of all manner of Merchandize and Manufactures within the Land, lyable to the duty of Excise; and if these be but well taken care of, all the rest of the Nation, perhaps fifty or a hundred for one would be free from any manner of trouble, or vexation, which now every person throughout the Nation, by the letter of the Law, is subject to, if he buy, sell, or receive into his House but 5s. worth of any Comodities whatsoever.
The Excise then may be made payable once a quarter in the next Market Towne where the parties paying it reside, upon forfeiture of the goods, or full value thereof, the Excise whereof was not paid accordingly, and for the easier discovery of such fraud it is propounded.
1.
That all persons who are obliged to pay Custome or Excise, or that buy of or sell to such person or persons as are obliged to pay the same, may be bound to keepe Books of Accompt as carefull and understanding Merchants and o thers ought to doe, wherein they may be required upon a penalty, fairly and truly to enter all and every such parcell or parcells of goods amounting to 20. s. and upwards, specifying the prices at which, and the time when, with the parties names to, or of whom such goods were bought or sold; and being required upon like penalty to produce their Bookes upon all occasions of cleering or discovering all such persons as shall happen to be questioned about payment of such duties.
2.
That whosoever upon such occasion shall be found to keep false Bookes, be understood and taken as a person that hath deceived the Common-wealth and his Neighbour, and proceeded against as a Perjurer, & made satisfie what the Common-wealth or his Neighbour had, or must suffer in appearance by this deceitfulnesse.
Now the keeping of Books or Accompts as discreet Merchants and others Traders doe, though to some it may seem a slight matter, and therefore the lesse necessary to be imposed upon all Traders, is yet of so great concernment as that without it such Traders themselves, cannot understand their owne Estates, nor whether they be in a thriving or declining condition, and consequently not know whether they get or loose by that Commodity, or whether at the yeares end they ought to enlarge or contract themselves; but goe on blind-fold untill they runne quite out of their Estates, to the undoing of themselves, and all that are engaged with them. But if it be granted to be a trouble to keepe Bookes of Accomps of what they buy or sell, and therefore ought not to be imposed upon a free people. It is answered, that it saves and prevents them & hundreds of others the trouble and vexation of being questioned in other occasions, which is not only a more common good, but to them a more peculiar advantage if they knew how to make a right judg ment thereof: Besides, this exact keeping of Accompts is a kind of Record of all their dealings, which, whosoever are partners with them may have recourse to, and see what benefit or losse accrues by such trading, and at least be sure that they fare as well as be that hath the managing of the Trade, and according to the Covenants between them, and from hence it happens, that for the most part all Noble men, Gentlemen, and others, as they are distinguished in
Italy
, and the Low Countries (two industrious and ingenious Nations, and
such
as we need not be ashamed of, to take example by in businesse of this nature) that are populous. When they have money by, do willingly adventure it with Merchants and Shop-keepers, and goe partners or sharers in their dealings for all parts of the world, to the much enriching of those Countries; whereas here in
England
, if a man put in a summe of money in stocke with a Merchant, Shop keeper, or Grasier, or other dealer, it is twenty to one but such Adventurer shall not only loose his money, but never have good account how it came to be consumed and wasted, because such persons who had the managing of the businesse kept no exact account of their dealings , for such Adventurer to have recourse unto, and see how his adventure thrived from time to time, and so contribute his advice therein as occasion and the nature thereof might have required.
I purposely forbeare to alledge any reasons for this or that Proposall, or to presse the necessity of any of them so farre as I justly might, because I know you have so little leisure to peruse them, and believe that the Lawes with the present Proceedings are become so vexatious unto this Nation generally, as that you cannot choose but behold the people to be weary of them, and resolved not to endure them longer, but rather choose to make tryall of any other then that the same should be still continued: But withall do not doubt but that the rationality, and demonstrablenesse of most of these Proposalls will appeare so cleare unto your Honours, as will not only stirre up a resolution in you, but will keep you mindfull, untill you have new modelled, if not quite new made them, as you shall see cause for.
The next generall which requires your Honours speedy assistance, may be the securing or enriching of this Nation, or both in one, and that consists in trading; for a people that shall be content to apply themselves to Tillage and Pasturage only, which possibly may be sufficient to finde themselves with food and rayment, will not be long able to protect themselves from Invasion of Forraigners, in regard such Land or Countrey would be exceeding thin of people, and not able to defend it selfe in all their quarters against such as would invade them.
There cannot therefore be any lasting security without trading. Trade like a continuall Market or Faire, invites people from all bordering Countreyes, and makes a
Nation
become populous: Besides, the greatest Trade of the world hath a capacity of undermining and eating out the lesser Trades of the world : the greatest Trade cannot be compassed without the greatest strength at Sea; and whosoever can make and continue the greatest strength at Sea, will enjoy the greatest Dominion of the world, which would long since have been reduced to one Monarchy, or one Common-wealth, had not such Monarch or Commonwealth, who at any time was most powerfull, and so in the fairest capacity of reducing all the rest, fallen short in their politicks and Government.
Had the United Provinces been reduced into one Common-wealth, they had beene in a likelier posture of compassing this universall Monarchy, then ever the
Romans
were, who purchased all they had at the swords point; or the modern Kings of
Spain
, who thought to have done it by their West-India Treasures, as indeed they might, had they withall but known, and joyned thereto, the maine Engine, and right State-mystery of compassing the same, which is to encrease Trade and Navigation. But this proud Nation stands so much upon what they call Gentility, and is no other then a condition not to be necessitated to worke, as that they will not labour in any
calling
an houre longer then to keepe themselves from starving. A very Farrier will stand at his doore with a grave bayes Cloake on downe to his heeles, and his Rapier by his side, untill you bring your Horse to him to be shoed, and then to worke he goes ; so soone as your Horse is shoed, on goes his long Cloake and Rapier again, and hee as great a Don as ever; which being the humour of the whole Nation, they are so farre besotted therewith, as that much like the people of
Guinney
, they exchange their gold and silver of the West Indies, wherewith they might either have traded all the world out of their possessions by degrees insensibly for nothing, or bought them out of their free-hold at above forty yeares purchase; I say so many millions of money have they parted with unto other Nations for trifles to feed their own pride and luxury, which hath not onely set those other Nations at Warres amongst themselves, but enabled them to oppose the Spaniard in his aspiring unto the Universall Monarchy.
But let us take heed, the united Provinces have first made discovery of this grand Engine and State-mistery of encreasing Trade and Navigation for acquiring Dominion, and conserving it by good Government, wherein they excell all Governours of the world, by distributing Justice at home both indifferently and speedily, and protecting such as live under them from all Forreign Enemies abroad; they have made use thereof, and thrived thereby beyond all former generations; and had they but gained
Antwerp
and
Bridges
, and been reduced into one Common-wealth or Principality (which might as easily have been done, and is still to be done as easily, as it was for
England
(which our eyes have seene) and
Scotland
to become one in 12. moneths) before we attaine to be true Trade-Statesmen) neither these three Nations most appropriate to command the rest, if we knew our own strength, nor any other in likelihood would be timely wise enough to oppose the succesfull enlarging of their Dominions.
Now these two generals I presume your Honours will find necessary to be speadily dispatched, and that sundry others may not be left undispatched, as the freeing tender consciences from paying Leviticall Tithes unto a Gospel-ministry which they owne not, the keeping people from begging and starving in the streets for want of employment. The lessning or quite taking away Taxes so soon as may be, with many other of no lesse Import, which I was bold to propound unto the late Parliament; and had they put in Execution, as they might have done with no lesse ease unto themselves, then great advantage unto these Nations, their Honours would not have been so blasted as we now behold them. But since they still remain undone, and continue still to be of the same necessary concernment both unto our security and well being, I crave leave to annex them hereunto, not without some assurance, that if your Honours shall be at liesure to cast an eye thereon (and find that a stocke of money enough to compasse all of them, defray all manner of publick charge, and enable the Parliament by degrees, even in a few yeares to take off all manner of Taxes and Excise; and whatsoever else may be desired is as easily attainable without giving the least cause of complaint to any sort of men within this Common-wealth, as that it cannot fail if you but say the word, & practice it withall, only through managing some businesse of the Nations after a more ingenious method, then hath been discovered unto our Ancestors, and is now tendred to be made demonstrable by the Propounder) you will be so farre from thinking your time
misspent
in your perusall of them, as that you will be somewhat more enflamed, untill you see them accomplished, unto the exceeding great rejoycing of your own soules, and of such as humbly concurr with you therein, and in what else shall be found needfull for the farther making out, and establishing this Common-wealth and other Nations derivatively from hence, in wayes of Peace, Truth, and Righteousnesse, unto all succeding Generations.
The Reader is desired to mend with his Pen what the Printer hath mistaken
.
Certain
CERTAINE
PROPOSALS
IN ORDER To a new Modelling of the
Lawes,
and
Law-Proceedings,
for a more Speedy Cheap, and Equall Distribution of Justice throughout the
Commonwealth.
THE Persecution and Oppression of our late Kingly Governours, with their House of Peers, and Lordly Bishops, though at first not so well apprehended by great numbers, whom by Court Preferment Corrupt Education, or otherwise they had seduced, is now through the Christian liberty of trying all things, become so clearly discernable, as that even the greatest part amongst us, and all Nations round about us, do much justifie us in the Judgement we have executed upon them, both root and branch: The observation whereof ought to be no small inducement unto the same Heroick spirits whom God made instrumentall to execute his Vengeace upon such Enemies to true Godlinesse and Freedome, to cast their eyes about them, and spy out what work is yet remaining to be done by them, before these Nations can possibly injoy so great a Good as the Lord may be presumed to have intended to them by their expence of so much blood and treasure.
It will then doubtlesse be easily perceived that the Lawyers, the men of Law, the whole Tribe, from the Judges to the Prison-door-keepers, though some of them, as to their personall actings are not so blameable as other some, in their owne sphear of
Westminster
, have not onely been mischievous and destructive as
Canker-wormes
or
Pharaohs
lean Kine, unto these Nations, but have ever been those Mercuriall spirits and instruments, civil tormentors and executioners, to carry on and practise whatsoever our persecuting oppressing Governours, with their Peers and Lordly Bishops, have been executed for.
It was this tribe that was so ready and willing to do their drudgery, that they might be maintained in buying and selling the Nations over and over, as often as they pleased; at one Terme or Tryall the Plaintiffe, and at another the Defendant, then back againe, and then forward, and all according to as good Law or Equity, as hath been in
England
since
William the Conquerour
. And besides all this, though they seem to have but one chief Shop at
Westminster
, a few stals erected for them in the Circuits, and their owne private Ware-houses at home, yet this one Tribe is thought to make a shift to gaine or reap one fifth part of all the gaines and increase of the whole Nation, by their severall wayes of incomes, which I know not well how to term, whether Fees, Bribes, Duties, or Extortions, they seem so like one another, or the same summed up together.
The knowledge of the Lawes whereby a man injoyes his life, liberty, and estate, and through breach whereof he forfeits all this temporall life affords, is not of lesse absolute necessity, as to the things of this world, then the knowledge of those religious, eternall, fundamental principles of Faith and Love, without which it is impossible to attaine the joyes of Heaven. And therefore our Lawyers in their spheare are no lesse Monopolizers & Usurpers, then the Prelaticall or Popish Clergie, who endeavour by all means to continue us in the ignorance of our earthly patrimony and birth-right, the Lawes, not contenting themselves onely to perswade, but even in a manner compelling us to rest satisfied with an implicite knowledge thereof, and so in effect to depend totally upon themselves, and hold at their mercy our very lives, liberties, and estates.
This subtile Tribe without whose concurrence their royal Masters, with their Peers and Lordly Bishops, could not have been brought unto Account, when they perceived and saw they had outgon their own politiques in questioning of them so far as that they could not retreat for shame, nor yet with safety, they then resolved to put the best space on it, and joyne not onely in executing Justice upon them all, but began to acknowledge their owne irregularities, and exorbitances, even not to be longer endured, and promised Reformation, which they have been (even round) about these ten years, and at last suffered Commissioners to be chosen to consider of the Regulation of the Lawes, and Courts of Justice, who that they might not be over-charged with so great a task, they gave them halfe a dozen of Gentlemen of the same tribe, to save them a labour (I wish it proved so) and what fruit it produced, is best knowne unto themselves; but it seems the late Parliament could not digest, but still grew worse and worse untill its dissolution: And these poor Nations still continued to be mis-governed by a hotch-potch of Linseywolsey Lawes, so numerous, as not to be learned or comprehended, some so differing as that they contradict and give the lye to one another , so irrationall and absurd, to spare worse words, as that they character us to be one of the most barbarous people in the world. And that which is yet worse then all the rest, the evill execution of them with their delatorinesse and charge in so high a measure as demonstrates us over-dull and stupid to endure them hitherto.
In the making of all our Statute Laws, the establishing the Kings Prerogative was more aimed at then estating the people in freedome, which though never so much the peoples due and birth-right, if ever they vouchsafed us any Crums thereof, they forbore not to entitle them pure acts of highest grace and favour. Now for a people redeemed out of the jaws of Tyranny, and desirous to settle and establish themselves, and be made happy under a Common-wealth Government, with the self-same Lawes which were either wrung from their excluded Tyrants in their exigency, or any wayes indulged (as they would have it accunted) is no more possible then for a Tyrant to erect and long to continue an Usurped Jurisdiction, while he governed by a body of Lawes that had been enacted by the free people of a Common-wealth. Let us therfore no longer idolize that thread-bare notion of fundamentall Lawes, wherein perhaps the whole Nation hath too much, too long hypocritised. And yet I hope no otherwise then an honest Traveller, who in discretion is bound to give out no offensive words, whilest he finds himselfe encompassed by Theeves: Wherefore let not any of our former lawes or Customes, no more then our Religion hath done, passe unexamined, and so scape being blasted or allowed of as they shall tend to the true freedome, securing, enriching, and contenting of the people of the Nation.
To be led implicitely to accept of Lawes we either have not tryed, or understand not, is the second grand indiscretion which a Nation can possibly commit, and inferior onely to that of being superstitiously hurried by an implicite Faith in matter of Religion, as aforesaid. But will we in one word or circumstance see the unlikelyhood of the Lawes becoming wholesome to us, without more then a little rectifying, qualifying, if not quite new-moulding them? Did not the late King
CHARLES
pretend, as well he might (for they were more his then ours) to fight for defence of the Fundamentall Lawes, and the Protestant Religion? And doe we think his Lawes and his Religion, together with his Judges (for they also were more his owne, and complyed more by base Expositions, then either his Lawes or his Religion) would ever have cut his Head off for fighting to maintaine them? Certainly it was another, and that far better, as more rationall both Religion and Law, that freed us from this superstition and vassallage: And if we doe not more speedily begin to owne it, ere long I feare we shall be brought to be too much dissemblers: Let us not then implicitly or hoodwink'd trust those Lawes which have been subservient to the lusts and pleasures of Tyrants of so many Nations, who by invasion of this Land have usurped jurisdiction over us.
But rather then this Legall Bondage, and implicite proxie Religion should be longer continued
, It is Propounded,
The first Proposall
.
I.
THat all the present Courts of Justice be abolished, and no Proceedings either at Law or equity, except against such as disturb any man in his present possession, who by the next Justice of Peace may forthwith be put againe into possession. Or against such as shall injure any man in person or name, whom likewise the next Justice of Peace may punish, according to brief Instructions to be appointed in that behalfe. And for matter of Bonds, Bils, or Book Debts, upon Request of the parties the next Justice of Peace to require execution and present payment, the Creditor putting in unquestionable Security to stand to such further Order as shall afterwards be agreed upon by the Supream Authority in that behalfe. And all other Law, and Proceedings at Law or equity, to be of no effect: Nor any other proceedings to be at Law or equity, untill the Supream Authority have new modelled them, together with the Officers and Courts of Justice, which is hoped may within lesse then six moneths time, if gone upon, be compassed.
The second Proposall
.
II.
That in the new modell of all Officers, both Judges and others, have their respective standing Salaries, which may be a competent and comfortable livelyhood, and not suffered to take any Fees, Gift, or thing, whether money, or moneyes worth, upon greatest punishment both to the Giver and Receiver, to impeach and accuse each other, and injoy immunity to himselfe, and one halfe of the Fine, the other halfe unto the State. And that as well Judges as other Officers, be present and doe attend upon their respective charges every day in the weeke except the Lords day, and dayes of Publick Humiliation and Thanksgiving, from 8 till 12 in the forenoone, and from 2 till 6 in the afternoone; if any one person appears upon any businesse what soever, and desires to be dispatched by the Judges or any other Officer whatsoever.
However through the Tyranny of the Powers, the practice at this day be quite contrary; yet such as aim at Common good will find it very just and reasonable, that even Judges and all publick Officers, who have a Salary, should rather at tend and wait the peoples leisure, who pay them their wages, then that the people, even every individuall person who is their Master, their best master, their pay-master, should wait upon their Officers, their Servants.
The third Proposall
.
III.
That there be no distinction of Courts of Common Law, and Chancery, but that all Courts of Judicature have the power both of Law and equity to qualifie the one with the other, and to determine all Causes brought before them.
The having so many severall sorts of Courts, especially one differing from, and condemning what the other Judged to be just and righteous, doubtlesse was not onely one of our Tyrants stratagems to keep the people in vassalage; but the Lawyers great Engine to make more work for themselves. They first tell you, and that plausibly enough, that the world is stark naught, and that therefore a man cannot be too carefull and cautelous in contracting with any person, or what security he takes; and thereupon councel him to get a bargaine and sale, a mortgage, or a penall Bond, or sometimes all of them together, double, treble, and perhaps six times as much as the Debt imports: Now if this party be put to sue upon either of them, or all, though he would be contented to take his bare debt with interest and charges, he is not permitted to sue for the same in Chancery , but is turned over to the Common Law, where he may not demand lesse then the whole Forfeiture, be it never so much, and the Common Law will give it as certainly, whether it be right or wrong, if he can but declare and lye after the Common Law fashion; but he had need be well versed and precise therein, for if he come short of a letter, nay if a letter do but look asquint, an ignorant or a knavish Jury may put him to begin againe, or loose all, both principall and penalty. In commiseration whereof, our good Governours, and yet the selfesame Tyrants, and their equitable Lawers, prevail'd to possesse this over credulous Nation how reasonable it was to have a Court of Chancery to qualify and mitigate the rigor and Tyranny of the Common Law.
The truth is, the Common Law is extravagant enough, to say no worse of it, but to flye therefore into the Chancery is a remedy worse then the disease, leaping out of the Fryingpan into the fire is not so bad. The Common Law, if our Attorneyes were true to us, would not keep us long in purgatory, but of the torments of Chancery you must have good luck if you find either end or respite, to doe you good; and your adversary must want money to fee Lawyers, enough to confound the Cause, and muddy the waters, as they doe usually, that a Register (who doubtlesse made more Orders then the Judges) seldome gets fast hold thereof, though he make a hundred Orders at his pleasure.
How easie a matter were it then to prevent such waste of time and moneyes in following two Courts so diametrically opposite? Had you not better that either of them should dispatch you, and put you out of paine speedily, then to be ground in pieces between them both so long together? But what a cheat is it for the Chancery to dismisse the Bill for demanding principall and interest onely, upon a penall Bond, and turne the Plaintiffe over to the Common Law; and yet after a yeare, two, or three upon the Creditors suggestion farced full of lyes and forgeries (which no Bill in Chancery is free from, nor scarce answer without perjury, and yet a christian Chancery) not to give full charges and interest, which yet the Chancery necessitated the party to be at, in that it put him to demand and recover the penalty at Common Law.
But let us see what kind of reliefe it is a poor man gets by flying into the Chancery?
Suppose a Verdict is by perjury, surprisall, or otherwise, unduly obtained against a man, whereupon he gets
injunction
, and serves his adversary himselfe, the then Attourney, and Councellor; the party afterwards Fees other Councel, perhaps another Attorney, obscures himselfe, and carries on the Cause to an execution, and puts the party in prison, and then no remedy because the Judges forsooth they may not be served with the Injunction.
Surely a Nation is at an evill passe when it must be perplexed and squeezed to pieces between their Courts of Law, and equity, whilest the Officers thereof between complementing and envying each others, erect their owne jurisdiction and prerogative: Certainly the Court of Chancery as Supream ought to have its Injunctions obeyed even by all other Courts and the Officers thereof, otherwise what availes it to direct an Injunction to Councellours, Attorneyes, Sollicitors, Agents, when as if you have served all but one in
Westminster
-Hall, that one onely may doe the feate, and consequently quite frustrate the injunction; wherefore although the Chancery doe not direct them to the Court and Judges themselves, with all their Officers in generall, doubtlesse it could not be out of at any other consideration, then of respect unto the said Court and Judges, who by the same rule ought, when they understand of an injunction in a Cause, not to proceed any further, out of the same respect to the Chancery their Superiour.
The fourth Proposition
.
IV.
That all matter of Trespasse for words or deeds, and Batteries, be tryable by the next Justice of Peace, if at home; or else by the second next Justice, where such Trespasse or Battery is committed. As also all Actions for Debt, under 40s. and so to be determined interlocutorily, if the said Justice can agree them within 48 hours: But if not, then each party to have his Cafe put in writing by the said Justices Clerke, or any other friend, as each party pleases; and how or in what manner the Justice would have determined the same, to be without interlineation subscribed by the said Justice and both parties, and so sealed up and transmitted by the Justice unto the County Court. And that onely every injurious, or offensive Action, but every scandalous or upbraiding word be punishable, according to the degree and occasion thereof, because otherwise the parties wil be provoking one another, supposing they are still without the Law, untill they fall into greater injuring and endammaging one another, even to a down-right disturbance and breach of peace.
If the Supream Authority shall please, the result and determination of these Justices for all matters of Trespass and Actions of debt not exceeding 40s. may be definitive and binding, and the said Justices obliged to see them executed. But withall, that it be free for the party grieved, by such determination, to appeale unto the County Court, who if the appeal be allowed, may condemne the respective Justices in all damages and double charge, and so contrariwise if the appeale be disallowed.
The fifth Proposall
.
V.
That there be a County Court, where one or more persons as Judges, shall be impowered to allow of Wills, and grant Administrations, within the said County; and to take cognizance of all Causes transmitted to them by the Justices of the said County; And of any complaint or demand whatsoever, whether criminall or civill, for any Debt contracted, trespasse done, or action triable within the said County: which said respective Judge or Judges shall forthwith fall upon, and take them into consideration, each by course, and so soon as it can be put in readinesse, according to the Orders of the Court in that behalfe.
It may not be amisse, nay like enough, the preventing many a Suite, That the County Court doe not admit a Bill or Declaration from any Plaintiffe in what Cause soever, unlesse he bring a Certificate annexed from the next two Iustices of Peace where the Defendant resides, that the said two Iustices of Peace have seen the said Bill or Declaration, & summoned both parties before them, endeavouring and perswading them to an agreement, or such manner as did appear unto the said Iustices, to be just and reasonable, which the said Iustices may be required to dispatch with all possible conveniency, and not to exceed ten dayes at most; withall to certifie how far forth the Defendant was willing to comply, or stood refractory.
There may be perhaps at present sometimes from 20 to 80, between Causes and Motions heard at the Chancery Barre, and Upper Bench in one morning, perhaps in lesse then three or four hours, but how advisedly or considerately, let all the world judge, or any one in particular, that is but a stander by at any time: It is not fit that any Cause or Motion should be huddled up, that another should succeed. It is the long delay in dispatching Causes, and the making of so many extravagant and contradictory Orders, which makes Suites so intricate, and tedious to be decided at last. No man should be abridged in opening of his Cause or Motion, which being well done, the Iudge will be the better able to understand and determine it more speedily, and more agreeable to the justice thereof, and so Causes will happen to be finally determined, faster then new Suites commenced. And when one Court in a place is not sufficient, as in
London
, or in great Counties, it is better for to have two or more Courts, but one judge in each of them were best, and will likely dispatch more then two, and more unbyassed; whereas being two or more, they will endeavour and be encouraged to fix the blame upon each other for what they have a mind to trespasse in; for how shall it be discerned who is most in fault, when both or all of them subscribe the judgement? or what if they disagree about it, how shall it then be determined?
The sixth Proposall
.
VI.
That the Judges in each Court upon their first sitting, aske if there be any Paupers, and dispatch them first, and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.
The seventh Proposall
.
VII.
That the Bill, Demand, or Declaration be put in, and left in writing, with the judge, or his Clerke, appointed to receive the same: And a Copie left at the other parties habitation, signed by the partie himselfe and his Clerke. And all Answers and Pleadings to be likewise put in writing, and Copies signed and left as aforesaid: And that it may be lawfull for the Plaintiff, insisting upon his former demand, to rejoyne and adde unto his former demand, producing whatsoever Depositions, Certificates, Evidences, or authentique Copies therof to be compared with the Original, upon the request of the other partie, and whatsoever other proofs the Plaintiffe please, leaving Copies as aforesaid, and the other party or Defendant insisting upon their former Answers againe to answer so often as they see cause, untill the Judge, at either of the parties request, shall give eight dayes notice unto the other to finish and compleat the Processe or Proceedings for the Judges perusal, who is not to reflect upon any Allegation in behalfe of either partie, unlesse the same be put in writing, and found duely fyled with the rest of the proceedings. And whereof the other partie had copie given him, and due Notification to reply as a foresaid. And that all Bills, Answers, Declarations, Pleas, &c. do no longer run in a slavish petitionary way, as formerly, But barely in the name of the Plaintiff and Defendant, with such distinction onely, and place of abode, as may distinguish them from all other persons.
The present practice, but a most wilde course it is to conceale the Evidence untill the very poynt that Judgement is to be given, when the parties cannot in likelyhood have time to read them, much lesse to advise and make exceptions, nor to enquire of the Witnesses produced, how far they may justly be excepted against as incompetent, much lesse advise how to crosse examine, or disprove them; but the truth is, we are so irrationally grounded, as that we may not to our advantage, gainsay a Witnesse, though he depose never so falsly, or perjuriously: we are told we must take our course, and impeach the Witnesse of perjury; and is not this a pretty amends? an unconcionable Cative gives a Knight of the post, a hundred pounds (perhaps a hundred pence may doe the deed, for they are good cheap) to swear for him, whereby he recovers a thousand pounds of me, and all the recompence our good Lawes will give me, is to see my Knight stand in the Pillory, and loose his ears, for which sight, yet sometimes perhaps I must pay more in
prosecution
of him, then this rascall had for his
Judas
-like betraying me.
The very forme and draught of a Bill, or Answer in Chancery, Court of Wards, Exchequer, and other Courts, was a clear badge of our vassalage and slavery, and not longer to be endured by a free-borne Nation. Justice is the birth-right of every individuall person, to become as free to us, as the aire we breath in, to be demanded modestly, not petitioned for.
Perjured or false Witnesse have hitherto scaped scotfree for the most part, because, though the party who was perhaps undone by such false Witnesses, prosecuted, & was at charge to cause such perjured person to loose his ears, and be fined to the Common-wealth, yet he had no manner of recompence, or satisfaction for his owne losses, through such perjury, wherefore it is propounded,
The eighth Proposall
.
VIII.
That each party be free to examine Witnesses of course, by the Examiner of the place where the Witnesse reside, to be transmitted unto the Court where the Cause depends, so soon as they please; first giving notice unto the other party, and afterwards a copy, both of the Interrogatories, and depositions, so soon as they are taken. And that it be free for either party to crosse examine Witnesses, whil'st the Cause is depending, and have four dayes at least, or more or lesse time, according to the place where Witnesses reside, assigned him for crosse examining such Witnesses, of whose depositions with the Interrogatories, Copies are to be given as aforesaid. Or rather to prevent the expence of often writing, and coppying out superfluous Interrogatories and depositions, That it be lawfull for each party to take by way of Certificate upon Oath made before any Justice or Judge, under the hand of any such Witnesse, what such Wittnesse can testifie in the Cause depending, and leaving Copy thereof with the other side, to fyle it with the other proceedings as aforesaid, which the respective Judges are to take notice of, and to make the same use of as of depositions: And the other side is free to crosse
,
examine, or to get crosse Certificates from the said parties first certifying, and leaving Copies thereof, as aforesaid. And all persons so certifying Witnessing or deposing any thing contrary to truth, shall be lyable to be proceeded against, and condemned in all manner of dammages, unto the party grieved.
It is impossible to know how in judgement to cros-examine Witnesses, unlesse you know what he had first deposed, and generally such as are employed as Commissioners to take depositions, doe not so exactly know the method to be used therein, nor their Clerks qualified to pen them as they ought to be; and many not able to write legibly, much lesse sensibly. Witnesses at Common Law may be produced and alledged to be such and such, abiding here or there, when as afterwards no such manner of person to be found, or if found, known to be incompetent Witnesses, which could not be objected at the Tryall, because the other party had not timely notice of their names, to make enquiry after the parties themselves.
It is no matter how leading Interrogatories be, and it were much to be wished, that an Interrogatory could light or point out every circumstance which might conduce to the discovery of truth, that the trouble and expensivenesse of others might be avoyded, and if any one be found deposing an untruth, he may be condemned in full dammages of all sort.
And since Decrees & Judgements are the most weighty and important Acts of the Nation, and therefore ought to be well weighed, and not pronounced extemporarily, as hitherto: And so much the more unconsidered, by how much the Councellours, Attourneyes, and Sollicitors, on each side, continually and even purposely, interrupt each other, and suffer not the Judges to have a clear understanding of the Cause, it is Propounded,
The ninth Proposall
.
IX:
That the Judge having perused the whole proceedings, and considering of it seriously, while the same is fresh in memory, without regarding any thing, but what is filled with the proceedings, shall either draw out the Order, Decree or Judgment by himselfe, or give instruction, how to have the same done, & then read it over advisedly, and subscribe it with his owne hand, to remaine with the whole proceedings ever after upon record.
Though the most unjust Order or Decree be passed against any man, yet if it remaine not upon record what Evidences were produced, and what Witnesses did testifie, the Judges will avoyd the charge thereof, in alledging that this or that Evidence was produced, to ground such Order or Decree upon, or that nothing appeared to the contrary, and so secure themselves from being impeached: And if it be said that Witnesses may be produced to make out the Charge against such Judges: It is Answered, that the said Judges will also if need be, produce Witnesses enough to depose the contrary, and so cause them to perjure and out-sweare one another, and all this because the Allegations of both parties were not written downe to remaine upon Record.
The Objection that if the Judges, whether at Common Law, or in Chancery, should read both Bill and Answer, De claration, or Plea,
&c.
put in writing, much time must necessarily be spent, and few Causes dispatcht; will easily be Answered, and made appear, that this way would not onely dispatch more causes, but also more speedily, in that the greatest part of time now spent, is in making Orders and Decrees which are afterwards countermanded by contrary Orders and Decrees, and that upon good grounds many times, as being in themselves ungrounded altogether. And if a computation be made of how many Causes have been finally determined within these eight years, I believe it will be found, that even a greater number of Causes wherein every, Demand, Answer, Reply,
&c.
had been succinctly put in writing, and afterwards read in presence of the Judges or Commissioners themselves, might with more clearnesse and justice have finally been determined in eight moneths. And the truth hereof may easily appeare, if a search be Ordered to be made, first how many Motions, and secondly how many needlesse Orders have been made, and how few Causes finally determined within these eight yeares, and a Computation made accordingly.
The tenth Proposall
.
X.
That it be lawfull for either or both parties agrieved within eight dayes to appeale from one and the same Order, Decree, or Judgment of the County Iudge to
Westminster
, and from
Westminster
to the Supreame Authority, who in case they finde the Appellant to have unjustly appealed, are to condemn him in all manner of costs and damages unto the other party; If otherwise, to give him all manner of damages, with double costs at least. And if no Appeale be fyled within the said eight dayes, then Execution to be granted both against body and goods reall and personall.
There will be no inconveniences in so many Appeales, if the party unduly appealing be condemned in damages and charges unto the party grieved as is propounded.
I have heard of an ungodly Proverb often repeated in other Countries, which sayes,
Happy is the Sonne whose Father is gone to the Devill
: Their meaning is this, that such a sonne had good luck whose Father adventure losse of soule and body to leave his sonne a great Estate. And though this graceless saying be not in proverb, certainly it is no where more in practice, neither are any people so highly tempted thereunto as in this Nation: It being a maxime in our Laws, that personall actions dye as well as persons, so that if a man enrich himselfe by Bribery, Perjury, cheating, lying, stealing, or murdering an Heire that stands between his Family and a great estate, or the like; If he do but goe aside, and play least in sight untill death summon him to an account, his children enjoy his evill gotten lands or riches as freely as any other estate. It is therefore Propounded,
The eleventh Proposall
.
XI.
That upon the Defendants or Plaintiffs death. the Executors or Administrators of either producing Certificate of the Administration granted, which is to be exhibited, and remaine fyled with the rest of the proceedings, Further progresse may be made as before, without any losse of time and charge, except the contrary party take Exceptions unto such Certificate, which in such case is to be speedily argued and determined as all other exceptions are upon all other emergencies whatsoever, Copies being first given to the other side, and the party unduely troubling the other, to be condemned in Charges as Dammages as aforesaid; so that all personall Actions may be freely begun and prosecuted by or against the Executors or Administrators, as if the Principall were living.
The twelfth Proposall
.
XII.
That if the Report of the Justices be confirmed by the County Court; Or if the Judgement or Decree of the County Court be confirmed by the Court at
Westmin.
then such said respective second judgment be ultimate, & stand unrepealed as to the party, in whose behalf it was given: And that it be free notwithstanding for the party grieved to appeale from the County Court unto the Court of
Westminster
, or from the said Court of
Westminster
unto the Supream Authority; who if they confirm the same, may condemne the party unduely appealing in double costs, and one fourth part of what hee so unduely appealed for. But if the County Court, or the Supreame Authority see cause to reverse the judgment of the respective inferiour Judges, then to condemn such respective Judge or Judges in all manner of damages: And that the Judge or Judges of each Court up on on the finall Decree or Judgement of any Cause, do put in writing the motives which induced them to passe such Judgement or Decree, subscribed with their owne hand to remain upon Record with the rest of the Proceedings, which at the end of the Suite are to be stitched up together, and so bound up in great Volumes as big as are manageable, and exactly Alphabeted and orderly laid up in presses, as that they may be speedily found out upon all occasions.
For unlesse the Judges who are not subject unto their own or any subordinate Court, be questionable by the Supreame Authority for male-administration of Justice, the whole Nation will be lyable to be undone by them, without remedy. And then again, unlesse the Supreame Authority take such course, as that all Petitioners, whether against Judges for male-Administration or other grievances, wherein they can no where else be relieved but by the Supream Authority, may have easie accesse and speedy dispatch without charge, the remedie will be worse then the disease: And the people had better let all flye, then purchase the hopes and expectation only of recovery thereof with over-long attendance, excessive expence, and extream vexation.
But if it be queried, who will then be Judge to the hazard of his owne estate even for erroneous judgments, and though he proceed never so uprightly according to his best understanding and conscience?
I answer; That it is presumed the superior Court, and the Supream Authority will not be over-rigorous against such Judges, as clearly appeares, to have proceeded so diligently, advisedly, and uprightly, as could humanely have been expected, especially in doubtful cases; But if not as wel for erroneous and corrupt judgements they be censurable, though they be never so corrupt and byassed, they will still alledge to have proceeded and judged according to the integrity of their owne Conscience, and their utmost understanding, and so scape scot-free, as Jury-men and Judges have done hitherto, though they passed never so many Orders and Decrees, one directly crosse and contradictory to the other.
Besides, why should any one of the Nation suffer or loose his estate through the errour of another? especialy when the other covenants, and hath a price for what he undertakes, and so becomes a servant unto the Common-wealth: And Judges ought no lesse to act any thing at their owne perills, then any other person throughout the Nation. And if they will not accept thereof upon such terms, they are equally free with others to wave the same. Have there been so many thousands of truely conscientious, godly, and understanding men, even capable of highest employment, who adventured their lives
Gratis
; others for an inconsiderable pay for a bare livelihood, even eight pence a day, and they done better service then many a Counsellor or Judge: And shall wee feare there will want persons fitly qualified to make Judges in our Land? Surely such as have run greater hazard, and done better service then severall Judges, without any at all, or for farre lesse consideration in way of wages then a Judge hath done, will not decline a lesse hazard when it may redownd more unto their Countries good nor prove lesse accomplished for the service.
The thirteenth Proposall
.
XIII.
That no Counsellour be permitted to take, or Client to give above 10.s. for any one Motion or Hearing upon forfeiture of ten times the value, one halfe to the Common-wealth, and the other to the Discoverer: And that it be free for Giver and Taker to impeach each other, and enjoy the benefit thereof; and the Councellour being twice convicted for taking greater fees, be made uncapable of further practising in any Court: And that no Councellor having taken his fee, do omit to be present precisely at the beginning of such Motion or hearing as he taketh his Fee for; Nor move or plead in two Courts sitting at the same time upon the same penalty as aforesaid.
The greatest part of motions is grounded upon matter of fact, and is easie discernable, it requires not for the most part about ten or twenty words, which may be as well, & cheaper uttered by the party himselfe, or any friend of his, wherefore it is propounded.
The fourteenth Proposall
.
XIV.
That the parties themselves, or any Friend for them be permitted to speak if they desire it. And that not above two Counsellors be heard upon any Motion or Hearing, and that all persons be free to act as Attorneyes, as well as in any other Trade or Calling throughout the Nation.
The 15. Proposall
.
XV.
That all Motions and Causes for Hearing be entred in course according as the parties Clerks or themselves appear to desire the same: And whosoever intends to move in any Court, doe first give a Copie of what they intend to move for unto the Clerke of the other side; and if the other side yeeld unto it, or any part thereof within 48. houres, they may draw up an Order by consent: And for what they cannot agree, the party upon 24. hours notice may move: And if the Judge or Judges see cause to grant the motion, that be condemn the other side in double charges: And if that motion be denyed, then the party moving to be condemned in double charges: And that all such Orders be drawne out briefly and clearly, and as neer as may be to the present Rules at Common Law.
The sixteenth Proposall
.
XVI.
That one and the selfe-same Execution be taken and serve against person and goods both reall and personall in any part of
England
and
Wales
to be directed to all Sheriffs in generall, but to be served by the party himselfe, in whose favour it was granted if hee please, or by whomsoever else he shall employ: And the like for all other Writs and Notifications, provided they be persons of Integrity who are so employd, except to give notice of a tryall or hearing, which may best be done by a publique Officer.
The seventeenth Proposall
.
XVII.
That the unnecessary sealing or Writs, &c. be forborne, and that all dates be expressed by the day of the moneth and a year, and that all Writs be sent open and directed to all Sheriffs in generall, or to such other publique Officers as for their sallary and fees, or otherwise doe voluntarily
accept
thereof. And that what persons soever being to be served with any Processe. The Sheriff or his Deputy so soone as he receives the Processe, be obliged by himselfe or his Agents to repaire within three dayes unto the dwelling house or habitation of such person upon five pounds penalty, and not meeting with him, to leave a notification thereof in writing nailed upon the door, or gate, which no person may dare to take downe, but the party himselfe, whose name is to be endorsed upon the outside, that it may be apparent to whomsoever enters or passes by: And if such person within other three dayes appeare not to the Sheriff or his Deputy to be served with such Processe; That then the said Sheriff return such Processe by the first or second Post next following, or by some Messenger who may bring it with like speed upon penalty of 20.s. a day for such dayes which such Processe shall be longer delayed to be levyed of course by the Sheriff of any of the next adjoyning Counties on the Lands and Goods of the said Sheriff to the behoofe of the party who tooke out the Processe, together with his charges, without the least mitigation.
The eighteenth Proposall
.
XVIII.
That the Sheriffs their Deputies, Bailiffs, and other Officers have their known Residencies where the people of the Nation may be sure to finde them at their usuall houres, and be dispatched without delay.
The nineteenth Proposall
.
XIX.
That whosoever shall undertake the serving or executing of a Writ, and reveale the same, whereby the party escapes, or omit to serve such Writ, or to Arrest any person, when he or they might probably have done it: And having apprehended him, shall not forthwith deliver him up into safe custody, without making any stop or stay by the way. Or that shall not keepe him from escaping, or suffer him to be rescued through connivance or want of diligence, shall be liable to make good all charges and damages ensuing thereupon.
The twentieth Proposall
.
XX.
That for the future all Rules, Appearances, Imparlances be entred in publique Bookes, or rather annexed to the Processe or other proceedings whereto both Plaintiffs and Defendants should be free to have recourse. And that Copies thereof be forthwith given unto their Clyents respectively by their said Attorneys and Clerkes upon 20s. penalty for each default to the use of their respective Clyents together with whatsoever damages their Clyents shall sustaine for want thereof.
The Attorneys or Clerks in all Courts give rules or terms according to the custome of their respective Courts, all which they enter in their owne books, as also Appearances.
Now they themselves being Masters of these Bookes, they write in them what, and when they themselves will, and will not let their Clyents see but what, and when they list: So as it is clear, that the Clerks on both sides combyning together, may use or misuse their Clyents as they please, their Clients not being able to hinder it, nor in any possibility of understanding when their Clerks play the knaves with them, much lesse to remedie it when they know the same.
The 21. Proposall
.
XXI.
That no person who hath not engaged himselfe by some Deed or Covenant under his owne hand, nor that is known to have a reall estate responsible, be liable to arrest till after Judgment. Nor other person, except upon Affidavit, that he conceales himselfe or his estate, or intends to conceale himselfe or his estate, or to leave the Land, or make his estate away beyond Sea.
The 22. Proposall
.
XXII.
That what person soever (being by casuall and unavoidable losses, whether by Sea or Land, brought behind hand, and disabled to pay his debts, after sixe months imprisonment, if his Creditors require it, shall without all manner of deceit and collusion renounce all his both reall and personall estate to the behoofe of his Creditors, except his owne, his wives and childrens wearing Apparell, Bedding, and Instruments particular to their Calling. As also 12.d. in the pound upon the value of whatsoever such person shall so resigne and renounce unto his Creditors to be divided amongst them ratuably, according to their respective credits, shall from that time forwards by the Judge of the place where such Debitors lives be discharged from all manner of actions which his said Creditors had against him. But if it appeare at any time afterwards, that such Debitor did conceale any of his Estate, whether reall or personall from his said Creditors, or had before-hand made it over in trust to any person for his owne use, to the defrauding of his said Creditors, then shall the Debitor be lyable to be put in prison, and remaine there, and be kept at worke untill he hath satisfied his Creditors to the full. And that all persons under Execution upon actions of Battery or Trespasse: If they have not an Estate to satisfie such Executions, that their Fines be exchang'd into so many moneths or years working, to the benefit of such person as they have trespassed against: Or else into certain corporall punishment according to the nature and degree of the offence committed.
And since the lying kind of penall Bonds and Mortgages have beene long since anathematiz'd for usurious, not onely amongst such as would be accounted best Christians, but elsewhere; That we may not be worse Christians then they, more barbarous then any, nor the Lawyers to continue longer to make a prey of us, it is propounded
The 23. Proposall
.
XXIII.
That all single Bonds and Bills of debt may tacitely imply an Obligation of Interest to be due, equall with the principall, from the day such Bonds and Bills became due, untill the day that both Principall and Interest be satisfied together with damages and charges: and that a duplicate of such Bonds or Bills voluntarily registred in an Office for that purpose, and from thence certified at the Obligors request unto the County Register be entred as an Incumbrance upon such Obligors lands by the said County Register, who shall also endorse the said registring or enrolling upon the principall Bond or Bill to be secured thereby, according as it comes in course; and that the said Bonds and Bills being assigned over from one man to another as often as the parties pleas may be good in Law, and stand irrevocable, and enjoy the same Priviledges being registred as aforesaid.
So great a part of our civil Covenanting hath been by way of penall Bonds, Morgages, and such like Usurious and Extortionary Contracts, as most clearly demonstrates this Nation, not onely to have been far from true Christianity, but to retaine very much of Barbarisme. First in that our Bonds are commonly made for double the debt, and so make all parties even under hand and seals before Witnesses, to be lyars up on on Record, and Morgages the like: And both one and other upon failer of a day, forfeited at Common Law irrevocably. But shall we be accountable for every vaine idle word, and shall we scape scot-free for our lying extortionary Contracts, because they are according to customary fundamentall Lawes of
England
? Certainly no other then the Devill, by his instruments the Lawyers, could be the Inventers and Upholders of such Lawes, such Contracts, and thereby of their own Trade, and Mystery, their robbing and tormenting of a Nation; the greatest part of Law-suits arising from such devillish and unchristian-like ensnaring Bonds and Contracts; for a Usurer or Money-monger, desiring to make the greatest improvement of his stock, advises with his Lawyer, who bids him take his Debitor by the throat, get a Mortgage of him, an absolute Bargaine and Sale, or a Bond with double penalty, and perhaps all of them together, to hold him so much the faster. Secondly, when the poor Debitor feeling the Rope about his neck, expresses an unwillingnesse to be made thus accessory to lying and his owne ruine, it is told him, the Chancery will forgive and pardon him; whereupon to prevent strangling at that instant, he sets his hand and seale, and gets a Reprieve for six moneths longer, or some such breathing time, which being expired, the Creditor is not admitted to goe the nearest way about by the Chancery, to regaine his principall with interest and charges, which some of them would be contented with, but must first goe to Common Law, and get the forfeiture of the Bond, and an entry upon the Mortgage, and afterwards use the best means he can, that the Chancery after some yeares progresse, may make an end of undoing what the Common Law had done, before he can be at liberty to receive and injoy any part of satisfaction.
In briefe,
I.
Cashiere all supernumirary Officers, as the Masters of Chancery, Six Clerks, Prothonotaries, with all such as serve themselves more then the Common-wealth, and let necessary Officers, such as serve in person, as well as Judges, have standing Salaries, whereof they may live comfortably, and not take any manner of Fee or Gift, money, or moneyworth.
2.
Let all parties be heard and dispatched as they come in course.
3.
Let the Judges be fineable for every erroneous or unjust judgement.
4.
Let the party demanding, put in his demand in writing, signed by himselfe, and leave a Copy with his adversary, who may be obliged to answer as speedily as the place where he lives, and other circumstances permit, and each be finable to the other, full costs and dammages, if they ask what is unreasonable, or deny what is reasonable.
5.
Settle the County Register of Lands, with their incumbrances, so often promised, and so much seemingly intended by the last Parliament.
6.
Encourage in such (or any better) manner as is propounded, a voluntary Register of Bills and Bonds, whereby they will become currantly assignable; which two Registers onely would have much relieved us from the Lawyers oppression.
7.
Let there be no distinction of Courts of Chancery and Common Law.
8.
Let there be County Courts, and let the Judges or Commissioners thereof have power to judge all Causes indifferently, having regard both to the letter of the Law, and the equity thereof, as in a middle way between them both.
9.
Let but one, or at most but two Councellours be heard on any side, either at Motion or Tryall; and that the parties or any friends of theirs, be free to speak in the Cause.
10.
Let the Judges peruse the whole proceedings, and signe the Judgements, and Decrees themselves, and be obliged to condemne the guilty in interest, charges, and all manner of dammages; so may we for the future be happy in the Lawes protecting us, as we have hitherto been miserable, through their entanglements and thraldome.
But since neither a new body of Lawes can be prepared on a sudden, nor the old Lawes or proceedings be so soon new modelized as were to be wished; as also in that there are multitudes of Causes, both at Common Law, and in Chancery, which cannot be dispatched for want of time, and if turned over unto the new model, in the perplexed condition they are in, would never suffer the Judges to get before hand with their worke; It is therefore humbly Propounded in the meane time,
I.
THat the Upper Bench Court, Common Pleas, Exchequer, and the Dutchy, doe continue to heare and determine Causes, as well in the Vacations, as in Tearme, untill all Causes be determined.
II.
That two Judges may be a Quorum to all intents and purposes, in the Upper Bench, Common Pleas, and the Exchequer, and any one of them in the Dutchy.
III.
That if any one of the two, or both Judges of the Upper Bench, Common Pleas, or Exchequer, or the Judge of the Dutchy happen to be visited with Sicknesse, or otherwise prevented from attending upon his, or their respective Courts, that then any of the other Judges may supply his or their stead, and such Court to sit the same day in the Afternoone, and publique notice thereof to be given, so soone as it can possibly be done.
IV.
That to the Judges which by this meanes will be spared at
Westminster,
may be added so many more, as may goe the Circuites every two Moneths throughout the Land, untill all Causes bee determined.
V.
That there be added three Commissioners more, unto the Chancery, any two whereof to be a
Quorum
to heare and determine Causes daily in three Courts, to prevent the buddling over Causes as at present, untill they be determined; and if any one of the said six Commissioners, or Master of the Rolls, happen to be prevented as aforesaid, any of the other to supply his roome, and such Court to sit in the Afternoon, and publick notice thereof to be given as aforesaid.
VI.
That all Motions and Causes for hearing, be entred in course, according as the parties or their Clerks appeare to desire the same, and that whosoever intends to move, whether in Chancery, or at Common Law, doe first give a Copy of what he intends to move for unto the Clerk of the other side; and if the other side yield unto it, or any part thereof, within forty eight hours, they may draw up an Order by consent; and for what they cannot so agree, the party upon twenty four hours notice, may move, and if the Judge or Judges see cause, to grant the motion, that be condemn the other side in double Charges, and if the motion be denyed, then the party moving to be condemned in double Charges.
VII.
That each Court at first sitting downe, doe heare such motions as are tendered, and so likewise at their rising daily.
VIII.
That for all Bills, Answeres, Demurres, Declarations, Pleas, Replications, Rejoynders, or others, which shall be put into any Court hereafter, that the party leave a copy thereof, signed by himselfe and his Clerke, as a true copy, with the Clerk of the other side, the same day the Originall is exhibited.
IX.
That the parties themselves, or any friend for them, bee permitted to speake, if they desire it, and that not above two Councellours be heard on oneside, upon any motion or hearing.
X.
That the Sheriffes, Deputies, Bayliffes, and other Officers, have their knowne Residencies, where the people of the Nation may be sure to finde them at all convenient hours, and be dispatched without delay.
XI.
That it be lawfull for any man to commence any manner of Suite, though upon a Bond in Chancery.
XII.
That the Judges in each Court upon their first sitting aske if there be any Paupers, and dispatch them first; and so likewise at last aske if there be any Paupers that could not get ready sooner, and dispatch them before the Court rise.
XIII.
That all Injunctions be directed to the Judges, and all other Officers of the Court whatsoever, as well as Councellors, Attorneyes, &c. And that no injunction be granted after Judgement, unlesse the Judgement be obeyed, or upon the other sides putting in unquestionable Security, in case the Chancery determine the Cause against him; and no Injunction to continue above a moneth, unlesse the party that desires it put in unquestionable Security to abide the Judgement of the Court; nor so long neither, if the party that desires it, doe omit for one whole weeke together, to goe on, and doe all and every such Act and Acts as might have been done within the said weeke, in order to bring the Cause unto a hearing.
XI.
That all Writs be sent open, directed to all Sheriffs in generall, and that what person soever, being to be served with any Processe, the Sheriffe or his Deputy, so soone as he receives the Processe, be obliged by himselfe or his Agent, within three dayes to
repaire
unto the dwelling-house or habitation of such person, upon 5l. penalty, and not meeting with him, to leave a notification thereof in writing, with some servant of his, but if none to be found, to naile it to the doore or gate; not to be taken downe by any body but the party whom it concernes; and if such person within three dayes appeare not to the Sheriffe or his Deputy, to be served with such Processe, that then the said Sheriffe returne such Processe by the first or second Post next following, or by some Messenger that may bring it securely, and with like speed, upon a penalty of 20s. a day, for every day which such Processe shall be longer delayed, to be levied forthwith of course, by the Sheriffe of any of the next adjoyning Counties, upon the lands or goods of the said Sheriffe, to the behoofe of the party that tooke out the Processe, together with his Charges, without the least mitigation.
XV.
That Execution, one and the selfe same be taken out, for the future, in all cases, and doe serve both against person and goods, in any part of
England
and
Wales
, to be directed to all Sheriffes in generall.
XVI.
That all superfluous Fees unto the Six Clerks,
Prothonotaries
, with sundry others, be abolished, and that the under Clerks and Attorneyes, for engrossing Bills, Answers, Declarations, Pleas, &c. reserve to themselves but one halfe of what they used to take, and the other halfe to be shared between the Six Clerks, Prothonotories, and other necessary Officers, or such as shall suceed them.
XVII.
That all Fines and superfluous charge of Original Writs, ordinary Writs, Writs of Errour, and Process, Fines and Recoveries, Enrollments, or others, be from henceforth likewise abolished.
FINIS.
THE TRYALS Of such Persons as under the NOTION OF LONDON---APPRENTICES WERE Tumultuously Assembled in
Moore-Fields
, and other Places, on
Easter Holidays
last, under Colour of pulling
down
Bawdy-houses.
Taken
At the Sessions in the
Old-Bailey, On Saturday
April
4. 1668.
With Allowance
.
LONDON
, Printed for
Robert Pawlet
, and are to be sold at the
Bible
in
Chancery-Lane
, near
Serjeants-Inn
, 1668.
THE
TRYALS
Of Such Persons as under the Notion of
LONDON--APPRENTICES
Assembled in
Moore-Fields
and other Places on
Easter
Holy-dayes last, under Colour of Pulling-Down
Bawdy-Houses
.
UPon
Easter
Munday last, being the 23th. day of
March
, in the 20th. Year of the Reign of our Sovereign Lord the King that now is; It being the usuall time of the Apprentices Liberty for their Civil Recreations; A Rude Multitude of People being met together in
MooreFields
, where, being so assembled, were instigated by some Factious Persons amongst them; who, to colour their Design, insinuated into the Rabble the pulling down of
Bawdy-Houses
; Under which Colour of Reforming of
Bawdy-Houses
, they at length Raised a great Hubbub; and so increasing in their Disorders, in a Tumultuous manner, committed many notorious Crimes; But, by the vigilancy of the Magistrates of the City, with the assistance of His Majesties Guards, were at last reduced; some of the Ring-Leaders whereof were apprehended and committed to the Goal for their Offences, to receive their Tryalls according to the known Lawes of the Land.
And having been several times Examined, upon Confession of some, and Pregnant Proofe against others, by a special Jury of several Knights, Esquires and Gentlemen, of very great worth and esteeme, of the County of
Middlesex
,
These Persons following, to wit
Peter Messenger,
Richard Beasley,
William Greene,
Thomas Appletree,
John Earles,
William Wilks,
William Ford,
Richard Farrell,
Edward Cotton,
Edward Bedle,
Richard Latimer,
John Sharpless,
Richard Woodward,
Thomas Limerick,
John Richardson.
Were Endicted of High-Treason for Levying of a Publick Warr against our Sovereign Lord the King; and at the Goale-delivery of
Newgate
, held at the Sessions-house in the
Old-Baly London
, the First day of
April
, 1668, and continued till the 4th. day, on which said 4th. day in the presence of Sir
John Kelyng
Knight, Lord Chiefe Justice of His Majesties Court of Kings-Bench.
Barons of His Majesties Court of
Exchequer
.
Sir
Edward Atkins
Sir
Christopher Turner
Sir
Richard Rainsford
Together with Sir
William Wild
Recorder of the City of
London
; These Prisoners following,
viz.
Peter Messenger.
Richard Beasley.
William Greene.
Thomas Appletree.
Were first called to the Barr to receive their Tryalls; where, after Proclamation being made, they several ly Pleaded to their Indictments; and put themselves for their Tryal upon their Country.
The Names of the Jury Sworn.
Anthony Hall,
William Knight,
Henry Francis,
John Baker,
Robert Shaw,
Thomas Constable,
Thomas Jennins,
John Nichols,
Ralph Bradshaw,
John Saving,
John Marsh,
Henry Kent.
The Jury being Sworn, the Court proceeded to Tryal.
You Gentlemen of the Jury, these four,
Peter Messenger, Richard Beasley, William Greene, Thomas Appletree
, stand Indicted for High-Treason, having left their Obedience to our Sovereigne Lord the King, and being instigated by the Devill, upon the 24th. day of
March
last past, did Contrive a Design to Levy Warr and Rebellion against the King; being in the Head of Four or Five Hundred, Armed and Arraied: If this matter be proved against them, you must find them Guilty.
You Gentlemen of the Jury, these Prisoners at the Bar did contrive and levy war, and fell upon the Kings Officers, and beat them, and broke the Prison, and let out the Prisoners, some for Felony: among the Multitude these were Four of them, as we shall endeavour to prove.
The names of the Witnesses called and sworn,
Richard Dowson.
John Cowley.
Henry Bull.
James Martin.
Abraham Brookes.
The Oath.
THe evidence you shall give between our Sovereign Lord the King and the Prisoners at the Bar shall be the truth, the whole truth, and nothing but the truth. So help you God.
Sir, pray tell my Lord what you see these do on
Easter Tuesday
.
My Lord, I saw this
Richard Beasley
in the head of four or five hundred; he had a sword, and I took his sword from him; he had Colours, a green Apron upon a Pole; I heard some of them cry, Down with the Redcoats, and I did see
William Greene
there too, but not
Appletree
.
Did they go with the multitude or no, or were they with them?
They were with them; but I cannot say they went along with them.
Pray tell my Lord what the Multitude said at that time.
When we fell on them, they run away.
Did
Beasley
lead them on?
They said he was their Captain.
John Cowley second witness
Master
Cowley
tell my Lord what you saw.
My Lord, he cut me and wounded me on the hand. The Constable charged them to be gone, and disperse themselves; with that they struck at the Constable, and knocked him down.
Under what pretence did they pull down any house?
The Constable, and some more of us, beat them up
Nightingale
Lane, I know not what their pretence was; I saw
Appletree
there, for he was the first that struck at the Constable, this was on
Easter Tuesday
.
Did you see
Greene
there?
I cannot tell.
Did you see them pull down any house? what did you hear them say?
They said, Down with the Bawdyhouses.
Did you hear them talk of the Redcoats there? was
Greene
amongst them as one that helped and acted with them?
I see him in
Morefields
on
Munday, Tuesday
, and
Wednesday
shout and throw up his Hat.
What did you see them do?
All that I saw was that
Peter Messenger
come along with the Colours in his hand, and I took him and carried him to prison my self; I did not hear them cry, Down with honest houses, but Bawdy-houses, I did not see all those, but onely these two, (pointing to two at the Bar.)
Ay that was the Captain and the Ensign.
My Lord, I saw this
Beasley
and
Messenger
in
Moore-fields
pulling down houses on
Munday
and on
Tuesday
in the head of three hundred, and at that time we routed them; On
Wednesday
they came with four or five hundred, and cried, Down with the Redcoats.
James Martin fift Witness.
What can you say?
Witness
. All I know is,
Beasley
made a blow at our Ensign, and struck at him with his Sword.
What was their pretence?
I cannot tell that.
I see
Thomas Appletree
help to pull down
Peter Burlingham's
house, and broke another.
What Company had they?
About three hundred.
Had they any Colours? what did you hear them declare?
I heard them declare nothing, for I had like to have been knockt on the head.
Well what do you say for your self, you hear it is sworn against you, that you were at the head of this Rabble, and they called you Captain, and you lead them up, and when the Constable came to command peace in the Kings name, you fell on him, and wounded him, so that he is hardly able to be here this day; Why did you gather this multitude together? It will behove you to make your Answer, what reason had you for it?
I do not know the reason.
I speak to you, that you should give a reason; After all this trouble that we have had in this Nation, it is a sad thing that a great number of giddy-headed people must gather together, under pretence of Reformation, to disturb the peace of the Nation again, if you can say no more for your self, there will be little trouble with you.
What was the meaning of your gathering together?
We went to pull down Bawdyhouses.
How did you know which were Bawdy-houses? if you had known them you might have indicted them, there is law against them, but this is a strange kind of Reformation, if a Rabble come and saies, This man is a Papist, and this keeps a Bawdy-house, and would pull it down, this is a mad Reformation.
My Lord that man hath sworn I was out on
Tuesday
, it was
Wednesday
before I came forth, but staid at home with my wife, because I would not be among them.
Did not you carry a green Apron on a Pole for your Colours?
My Lord, as I passed along by the Rout they flung a Bottle at me, and had like to have knockt me down, and tore my Apron off, and charged me to carry it on a Pole, and I would fain have come away from them, and could not.
Make this appear, that you would fain have got away, and that they did force you to do what you did, and I shall be glad of it.
There is none of them here now that were there then.
Then all that you say is of little use: for it is no great thing to make a lye to save ones Life.
God is my Witness.
Have a care what you say.
A Constable witness Sworne.
What say you of these four at the Barr.
My Lord, I heard they were pulling down Houses, and I did what I could to preserve the Kings Peace; and that day I did save a great many houses and goods; the next day they were near my own house, and I did endeavour to do the same; and this Fellow with his Company did surprise my Men, and knockt me down; yet I Commanded the Peace, and they beset me round about, and cut me over the hand: I do remember that
Beasley
. VVe were in a place where there were three turnings, but they knockt me down, and beat me so, that I could not tell who it was that did hurt me.
Do you know any more of this Company.
No, my Lord: for if the Soldiers had not come, they would not have left till they had killed me.
Had you your Staffe?
Yes; But they took it away from me.
I saw
Messenger
on Tuesday, though he sayes to the contrary.
Messenger
, You hear what is said against you, you say you were not out on Tuesday, he hath Sworn you were at the head of a Company with a Green Apron on a stick, and led them up.
I was not there.
I saw him (my Lord) on Tuesday, he and
Beasley
, about eleven of the clock in
Moore-Fields
, and they had gathered a great multitude of four or five hundred, and then they made an attempt to come into our Parish, and they cried, Down with the Redcoates.
Pray, my Lord, let my VVitnesses be called in, for they Swear false.
Your VVitnesses shall be called, a little of due consideration before-hand would have done you more good then now.
Mr.
Glover
and Mr.
Bennet the Prisoners VVitnesses
.
What say you concerning the Prisoner.
I can say (my Lord) he was till five of the Clock on Wednesday at Mr.
Bennetts
House in
Golden Lane
.
Where was he on Monday and Tuesday.
I know not.
On Wednesday he was at a Kinsmans house.
These two Witnesses gives no account at all of you, where you were on Monday and Tuesday.
Greene
, What say you?
I was not among them.
It is sworne you were amongst them and threw up your Cap. Were you not knockt down?
Yes my Lord.
How could you be knockt down if you were not amongst them.
John Cowley VVitness.
Did you not see
Greene
in the Multitude?
I see him do nothing: but I see him with a Staff in his hand; I did not see him act any thing but follow the Colours.
I was not among them but as I came home.
You meane you did not take part with them, but you were there: It is Sworn you were upon Tuesday, following your Captain and the Colours: It is Sworn by Mr.
Bull
you were among the Rabble, and were knockt down: now, if the Jury do not believe that you did act among them, we will leave it to them.
Appletree
, What say you?
As I was passing along (my Lord) I saw a Crowde, and I went to know what was the matter, and there came a Company down, and some running after me did me a mischief; I did not see the Constable, nor say, Knock him down.
It is Sworn that you were the first Man that struck the Constable, and that you were at the pulling down of
Burlinghams
House.
I did not offer to pull down his house, nor strike the Constable.
My Lord, he was in
Peter Burlinghams
house, and broke it down, so that you might have riden a Horse through it; I spake to him two or three times to leave off, and if I had not stoopt suddenly he had struck me down with a Bed-staffe.
I did see him on Tuesday with their Company, and I did see him strike at the Constable.
Gentlemen of the Jury, you have heard what these say; The Prisoners are Indicted for High-Treason, for Levying of Warr against the King: By Levying of warr is not only meant, when a Body is gathered together, as an Army is, but if a Company of People will go about any Publick Reformation, this is High-Treason, if it be to pull down Inclosures, for they take upon them the Regall Authority, the way is worse then the thing: These People do pretend their Design was against Bawdy-houses, now for Men to go about to pull down Houses under the pretence of Bawdyhouses, with a Captain, and an Ensigne, and VVeapons, if this thing be endured, VVho is safe? It is High-Treason because it doth betray the Peace of the Nation, for every Subject is as much wronged as the King; for if every man may reforme what he will, no man is safe: therefore this thing is of a desperate Consequence, we must make this for a publick Example: There is reason we should be very cautious, we are but newly delivered from Rebellion, and we know that that Rebellion first began under the Pretence of Religion and the Law, for the Devill hath alwayes this Vizard upon it; VVe know that that Rebellion began thus, therefore we have great reason to be very wary that we fall not again into the same error, but it should be carried on with a watchful eye: And because Apprentices hereafter shall not go on this Road, we will have the solemne Resolution of all the Judges, and therefore you are to find it specially. You must find the matter of Fact, And We will Assemble all the Judges together in a Sober way, to give their Judgment, whether it be High-Treason or no; not that we do doubt of it now, for we know it is High-Treason, but for general satisfaction. It is proved that
Beasley
went as their Captain, with his Sword, and flourisht it over his head;
Messenger
was there with his Green Apron on a Pole in
Morefields
on Tuesday, and on Wednesday he was in the same posture again.
My Lord, We would have our Witnesses heard.
You shall have no wrong done to you?
As for
Greene
it is proved he was with them shouting, and casting up his Cap: Now the Act that any one does in such a Tumult is the Act of all, if they all joyn together. He was on Tuesday following there, and on Wednesday he was taken. And then for
Appletree
he was the first Man that struck the Constable, and pull'd down
Burlinghams
house.
Edmund Bedle. Richard Latimer
. to the Barr.
Bill of Indictment
.
You that are now called, being moved through the Instigation of the Devill, and having not the Fear of God before your eyes, have withdrawn your Obedience to our Sovereigne Lord the King, and against him did imagine and contrive Warr and Rebellion the 24th. day of
March
, with four or five hundred Persons in a Warlike manner arraied with long Pikes and other Armes, there met and assembled, against the Peace of our Sovereign Lord the King His Crown and Dignitie,
&c.
Witnesses Sworne.
William Badley,
William Riggs,
John Maldey.
John Williams.
Gentlemen of the Jury,
Bedle
and
Latimer
stand Indicted for High-Treason, wanting that love and obedience that every man ought to have of his King, did the 24th. day of
March
assemble themselves together, to the number of four or five hundred persons, to Levie Warr and Rebellion; if we prove this, you must find them Guilty of HighTreason.
Gaylor of Finsbury Prison. Witness Sworne
.
Tell my Lord what you saw.
I can charge no particular Person, I was from home; and when I came home I found the Prison doores open, and they had let out their own Company and two others; and I locked up the Prison doores, and they gathered together about the Prison, and there came their Captain with his HalfePike, and Commanded me to open the doore; I told them, I would not open the doore: they told me, VVe have been Servants, but we will be Masters now; and if you will not open the doore, we will do your business for you by and by: They had Swords and Belts, and Halfe-Pikes, and they did push at me; And I came to a Parly with them when I saw there was no remedy; I let their Captain in, and when he could find none of his Company there he went away; but had it not been for the Company that stood without I would have kept him fast enough.
Another VVitness Sworne
.
VVere any of these that stand at the Barr at
Clerkenwell
with a stick in his hand?
Yes (my Lord) I saw
Latimer
there knocking at the Gate, and the Prison was broke open; and there came down Justice
VVelsh
to them to disperse them, but they let out two of their own Rabble, and two of the Felons.
Nine of the Clock on
Friday
, I went to the Gate of the
NewPrison
, and there came and clapt a Bar in between the Gates to open them, and I saw
Latimer
throwing stones at the Windows. Justice
Welsh
being there, would have taken some of them, and they cried out, one die, and all die.
I saw
Bedle
, and took him; their number was about four or five hundred; and I got out two Files of Men, and took four men more, whereof this
Bedle
was one of them.
What do you say to this?
This man hath a spight against me, (my Lord) for getting up behind the Coach, I let my Whip fall, and gave him a lash.
But what sayes the other against you? what made you there? And
Bedle
, what do you say for your self.
My Lord, I was in
Southwark
, and came from thence to
Bishopsgate-street
, and met with a Friend, and we drank four Flagons of Beer; so that I got a little too much drink in my head; and I stood and looked a while at the Prisoners in
Bishopsgate
, and my Uncle coming along, I went with him a little way, and then turned about and left him; and there was a man came and said, Brother, will you not go and see what they do in the Fields? and it was my hard fortune to be among them, but did not any hurt, blessed be God; but I followed them without doing any harm, and they went down
Old street
to
Clerkenwell
, but I did not break the Prison, nor do not know where the Prison is; for there was a Company made up to them, and they began to run.
What did you say when they run away, did you not say, Face about?
Your Lordship heard so, but I did not say face about.
You Gentlemen of the Jury, you see what their Indictment is; They gathered a multitude together at
Clerkenwell
, and they had a Captain with a Half-Pike, that came to the Prison and forc'd open the door, and brought out two of their own crew, and two of the Felons, and they said they had been Servants before, but now would be Masters; and they cried out one die, and all die. And you have three Witnesses that swear that these two were there.
Latimer
especially, the Keeper, sayes he was forc'd to come to a parly with them, and took in their Captain, to give him satisfaction that there was none other there of their gang.
Bedle
sayes he was there but he was drunk, which is no sufficient excuse.
Richard Cotton
called to the Bar.
John Earles
called to the Bar.
William Wilde called to the Bar.
Richard Farrell
called to the Bar.
William Ford
called to the Bar.
Their Indictment read
.
Sir
Philip Howard witness sworn.
Sir
Philip
speak what you know of these men.
I delivered these men into the Constables hands.
Did you not see a multitude of these people gathered together in a warlike way, if so, tell my Lord?
There came some sober people, and told me that the tumult was greater then it was when my Lord
Craven
was there, and they did desire my assistance, and so I went into the Fields, and divided my men half on the one side, and half on the other, and the people looked upon us so contemptibly, that they told us we should quickly be unhorsed, therefore I charged my men not to let any man come within my Arms.
Had they any Colours?
They had a Sheet for their Colours, and when they saw my Horse they got into the Field, and stood as if they did not fear us, and I ordered some of my men to go and take him that had the Colours, and so our men did, and I called for a Con stable, but there was no Constable to be found, and I thought my self to govern them, and to bring them into better order, at length this man came with his watch, and I delivered them into his hands, and I believe these are the men that I delivered to the Constable.
Sir
Edward Fish, witness, sworn.
Pray, Sir, look upon the Prisoners; and see if you know any of them.
I cannot say that these were any of the persons that we did take, but there was a multitude of them gathered together, and we did desire them to go home, and they took up Brickbats in their hands, and said, They had as much to do there as we had. I took a Hanger from one of them my self, which is here in the Court.
Robert Hoydon, witness, sworn.
Tell my Lord what you heard this Rabble of people say.
There came a Troop, and they thought it had been the Duke of
Yorkes
Troop, and they ran with Brickbats in their hands to them, and said, that if the King did not give them Liberty of Conscience, That
May day
must be a bloudy day.
Another witness sworn
.
Speak what you know of these people.
My Lord, they asked if the Duke of
York
were there, and answer was made, Yes, thinking they would have been satisfied and dispersed, but notwithstanding they came up to the Windmills and flung stones amongst us.
My Lord, we did desire them by fair means, to disperse themselves and go home; they told me no, They would be with us ere long at
VVhite-hall
.
My Lord, I was forc'd to make some resistance, but they flung stones very thick at us, saying, These Lifeguard Rogues are but a few, and because I commanded one of my Officers to seize on one of them, they cried, Knock down the Rogue.
My Lord, I desired them to go home, their answer was, that we were Rogues and Dogs, and ere long they would come and pull
VVhite-hall
down, and their word was, Hey now or never.
My Lord, I had these three at the Bar, but
VVilde
was none of them; pointing to the third.
You say the other were.
Yes.
Pike
and
Gillington witnesses sworn.
I did see this
Cotton
breaking down
Burlingham's
house.
I can speak of the tall man
Cotton
, I will swear he was one of them.
Sir
Philip Howard
saies he delivered Five to the Constable, and the Constable saies he does not know whether these be the persons or no, but it is the same thing if they were among those that did it.
Yea, the thing is the same.
You hear your Indictment is for High Treason, you are persons of the same Company, what do you say for your selves?
We were not there.
The Constable swears it.
I cannot say, these were they, but two of them,
Farrell
is one.
I was walking to
Islington
, and I did march a little way with them, but did nothing.
Where were you taken.
By
Hollawell
Lane, and I was all alone, and a Horseman rode after me, and asked me, if I were not one of them.
All the Constable can say is this, There were men delivered to him from the Guard, and this man does not deny but that the Guard took him, but he did nothing, but many people are walking abroad in the Holidays; it is pity to take away a mans life without sufficient evidence.
Farrell
, what do you say?
I was with my father and mother all the Holidays.
Cotton
, What say you?
I came through
Moorefields
about noon, and I was taken by one of the Life-Guard.
But you were pulling down a house.
He was pulling down a House on Munday I was informed, and he was commonly among the Players at Pigeon-Holes, and after he had been pulling down a house, he was looking about to see what he could light of.
As I have a Soul to save he Sweares falsly.
Have a care what you say.
You Gentlemen of the Jury here are five men more that are Indicted for the same disorder that the rest were, and we have now a little more discovery of their Rising, and we have discovered other Colours, for they thought the Duke of
York
had been in the Fields, and that enraged them the more, they taking Sir
Philip Howard
for the Duke of
York
; and when they did desire them to disperse themselves and go home, they said, They would not for such Rogues as the Kings Life-Guard were, but they would soon be at
Whitehall
; but you shall see what a Disguise is put upon it, If the King will not give us
Liberty of Conscience, May-Day
shall be a
Bloody-day
: This is Gentlemen to give us an
Alarum
, that we may not be too secure; And this must be punished as High-Treason, else we do destroy all. I think no body would have the Innocent to suffer: I had rather a Guilty Person should escape, then a Guiltless Person suffer. You hear the Constable cannot Swear that all those were the Men, and some others, because in such a Hurry a particular person cannot be known, except you know any of them by sight; I cannot see how you can find them Guilty, God forbid:
John Richardson
to the Bar.
Thomas Limbericke to the Bar.
Richard Woodward
to the Bar.
You Gentlemen of the Jury, these three that were called last to the Barr stand Indicted as the others, for Levying Warr and Rebellion in
Holbourn
; you shall hear the Evidence, and if we make good the Evidence, you must find them guilty.
My Lord, I found this Man at the head of a Party, and I took him, and committed him to the charge of a Company.
Was he leading them on? Are you sure he was there?
He will not deny that he was there, but he made no resistance at all: for we had three or four Companies ready to surprise them.
My Lord, This was the first Man that laid hands to pull down my house.
Mistris, was yours a Bawdy-house?
No but they dragg'd me out of it.
Was your House pull'd down?
Yes: and all my Goods destroy'd, and Ten pounds in Gold taken out of my Wives Pocket.
Another Witness sworn.
What can you say of
Woodward
?
I cannot say he did take any thing out of the House that I know of.
I do not ask you that; but did he go along with them, or had he a Staff in his hand?
That
John Richardson
, (my Lord) is a Tapster; I heard him say he had made work for us, for he had helped to pull down a house.
My Lord, on
Saturday
last at six of the Clock, I heard him in the red hair say, I have made work for you all. I do not know what he is.
What do you say for your self?
My Lord, I went up to see what the tumult was doing, for I lodg'd hard by; and when they had pull'd down the House, some run one way, and some another; and I was going to
Westminster
, and as I was walking up
Holbourn
, the rest of them were at my heels.
That was because you was their Captain, and dragg'd the Woman out of the House that sayes she hath lost all she had.
Woodward
what
say you?
My Lord, Mr.
Brooks
gave me a black Pot to drink, and I staid no longer then the drinking of that.
What do you say that
Richardson
pull'd down the Woman's House?
My Lord, there was a Whore that clapp'd hands on me, and I wrung my self from her, and told her that her House should be pull'd down.
Truly I see scarce an Apprentice among you all, and I am glad of it there is no more.
I dog'd him home to his Master's house, but did not lay hold on him.
I am very innocent of any thing of hurt that I did.
Prove it.
I was alone, How can I prove it. I was not all the Holidayes abroad.
All Monday he was at home, and on Tuesday he was at home.
It is impossible for him to be one of them, you might mistake.
You Gentlemen of the Jury, in this case take notice; As for
Woodward
, they say he was there with a Stick in his hand: I would have you take notice that there is but one Witness, for the other you have his own braggs, if you will believe him that he pull'd down a House; you have no other; if you will believe him to be a bragging fool you may. And now for
Limbericks
Witness, he shall be heard.
Prisoners Witness.
What do you know of the Prisoner at the Bar.
This Man (my Lord) did lie in my House, and he did never stay after 9 or 10 of the Clock: He was at home every night betimes, and he did give me all his money to lay up, and he did earn 16 pence a day.
Another Woman Witness sworn.
What can you say?
My Lord, I can say nothing but that he is a very honest man.
John Sharpelisse
, Prisoner at the Bar.
His Inditement read
.
Gentlemen, he at the Bar stands indicted for High-Treason, and stirring up Rebellion in popular at the head of 500 persons, and pulling down Houses in
Ratcliffe
High-way, which we shall endeavour to prove.
John Harding, Owen Maxum
. Witnesses call'd, but came not in against the Prisoner.
Gentlemen of the Jury, you know for matter of fact you are Judges: if you are not satisfied in the Evidence, then you cannot find them guilty. Consider who those persons are where the Evidences have not given sufficient satisfaction.
The Summe of the Juries Verdict
.
THe Jewry being dismiss'd to consider of their Verdict, after a short stay they return'd, and found that as to
Messenger, Appletree, Beasley
and
Greene
, that according to the time in the Indictment mentioned, they were met together in a riotous manner in East
Smithfield
in
Middlesex
, and about
Moor-Fields
, under colour to pull down the Bawdy-houses. That their Captain was
Beasley
, who led them on with his Sword drawn, and that they had their Ensign carried by
Messenger
, which was an Apron carried upon a Pole, and so they marched with their Conductor. That they resisted the Constable who charged them in the Kings Name to keep the Peace, and struck him, and took away his Staff, and that these several persons were abetters in that tumult.
And as to
Bedle
and
Latimer
, they found that a great number of people were met together armed with Swords, Clubs and Staves,
&c.
at
ClerkenwellGreen
to break
New-Prison
there, and had their Commander who had a Pike in his hand, and came to
New-Prison
, and released the Prisoners, some whereof were committed for Felony; and that when they were commanded to be gone, they cried out that they had been Servants, but now they would be Masters, and that these persons were seen acting in the tumult and there taken.
As for
Cotton
they found, that the riotous persons were met together upon the 24th of
March
with a great number of people armed with their swords, and such like warlike weapons, for pulling down of Bawdy-houses, that when Sir
Philip Howard
with the Kings Guards came up to them, and commanded them to depart, they refused, and when it was given out that Sir
Philip Howard
was the Duke of
York
, thinking thereby they would be appeased, they were enraged the more, and declared, that if the King would not give them Liberty of Conscience, they would make
May day
a bloudy
May day
, threatning to pull down
White-hall
, and very contemptuously sleighted the Kings Guards, because they were but a small number, and this
Cotton
was proved to be one of them in the Action, and all along acting in the Riot.
And further, as to
Limberick
, he was met, with the same Pretence of pulling down of
Bawdy-houses
, being armed as the rest were, and was owned by the Rabble to be the Captain of their Company: that he with his Companions pulled down the House of
Peter Burlingham
, and stole his Goods; The rest were found Not-Guilty.
The Jury having thus found it specially, My
Lord Chief Justice
commanded the Prisoners again to the Bar, to whom he spoke to this effect, That we all now see what great cause we have to bless God, that we live under so merciful a Prince, and so good a Law as we now find we do live under; and that not only one Prince hath been so merciful, but such have been the gratiousness of other former Kings of
England
, that we shall rarely find any severity used in the execution of penal Statutes, where any fair means (which constantly hath been used,) could have any effect at all, That our Justice is not privately, but publickly administred in the sight of all people, like a Beacon that gives warning to all; so that all might take notice thereof, and avoid the like danger that others have fallen into. That the Prisoners more especially ought to bless God, and seriously to reflect within themselves this great mercifulness of our King and Law: for hereby they see, they have not been served so as they have served others (for then upon the very apprehending of them they might have received their execution) but contrariwise, they have had a fair Trial, not by strangers, but by their own Country and Neighbours, having had the liberty to speak what they could for themselves, and Witnesses for them, so that if it were possible all might have been found innocent, and heartily wished all could have been so found, and that some, blessed be God, are not found guilty, and to them he hoped this would be a sufficient warning, &c.
Now as to all these Eight, against whom the Verdict was specially found, the Court took further time (because they would advise thereof before they would give their judgment whether High-Treason or no, it being declared by my
Lord Chief-Justice
to be matter of Law; and in the mean time these persons are to remain in safe Custody in His Majesties Goal at
Newgate
.
And for the other Six,
viz.
John Earls,
William Wilde,
Richard Woodward,
Richard Farrel,
John Richardson,
William Ford.
The Jury found them not guilty, and so acquitted them of the offence whereof they stood charged, who after several Admonitions by the Court for their future good behaviour, they were discharged.
FINIS.
THE
Continuation of the Case
between Sir WILLIAM COURTEN,
his Heyres and Assignes
, And the EASTINDIA COMPANY of the Netherlands, Concerning the Shipps BONAESPERANZA and HENRY BONADVENTURE,
To the
23.
of December
1673.
With some Considerations annexed and Objections Answered.
Recollected by E.W. for satisfaction of all Persons concerned
.
Printed in the Year 1673.
The Continuation of the case between
Sir William Courten
, his Heyrs and Assigns, and the East-India Company of the Netherlands, concerning the Ships
Bona Esperanza
and
Henry Bonadventura. With some Considerations and Objections answered
.
S
Ir William Courten
late of London Merchant,
Endimion Porter
, Esquire,
John Weddal, Nathaniel Mountney, George Townesend, Thomas Kynnaston
, Merchants, and divers others Participants with them, set forth severall great Shipps, laden with money and Marchandizes, for the Coast of India, China & Japan the Years 1636. 1637. & following Years, for trading voyages persuant to their letters Patents under the great Seal of England.
After the death of
Sir William Courten, William Courten
his Son and Heir, and the surviving Partners, set forth the said Ships
Bona Esperanza & Henry Bonadventura (
inter alia
) in the Year 1641. for supply of their Factories, and to bring home their Effects from India and Parts adjacent.
Afterwards
William Courten
being indebted to divers Persons, in severall great sommes of Money, amounting unto 100000. Pounds and upwards, for which
Sir Edward Littleton
, his Brother in law, stood obliged; The said
William Courten
did by his indenture and Bill of sale dated the 26. day of April 1642. graunt and assign all his Interest and share of stock in the said Ships and Factories in India to
Sir Edward Littleton
, for his indemptnity from the said debts, provided the surplus should be returned to the said
Courten
.
Afterwards
William Courten
and
Sir Edward Littleton
, reciting the first Bill of sale and a great debt of 24800 Pounds due to
Sir Paul Pindar
, they graunt and assign unto
Sir Paul
all their Interest and share of stock, in the Ships
Bona Esperanza
and
Henry Bonadventura
with all Freights, and pro ceeds by a tripartite Indenture and Bill of Sale dated the 19. of December 1642. Provided that the surplus should be applyed towards the discharge of
Sir Edward Littleton's
engagements.
On the 25. of June in the Year 1643, the said Ship
Bona Esperanza
with her lading, was taken in an hostile manner in the Streights of
Mallacca
, in her passage from
Goa
towards
Maccao
in
China
, by two Ships of Warr called the
Vendilo
and
Portogallo
, commanded by Captain
Vermeerren
and Captain
Geeland
(and the Lieutenant of the Fort at
Mallacca
) belonging to the East-India Company of the Netherlands, under a pretence that Mr.
Courten
and his Partners, traded with the Portugalls their Ennemies, notwithstanding there was a Truce made between the King of
Portugall
, and the States Generall, for ten Years in all
parts
of
the
Indies and Europe, which was concluded at the Hague on the 12. of June 1641. by
Don Tristao de Mendoca Furtado
, Embassadour from
Don Iuan
King of
Portugall
.
In the same Year 1643. the Officers of the said East-India Company toke the Ship
Henry Bonadventura
with her lading into their possession, near the Island
Mauritius
, and converted both the Ships and Goods to their own use, to the loss and dammage of Mr.
Courten
and his Assigns, and the rest of the Partners, the summe of 85000 Pound Sterling, as by the proofs taken in the High Court of Admirallity in
England
appears.
On the 5. of September 1644, the Proprietors having addressed themselves to the High Court of Admirallity, and procured an Admonition to be given unto
Monsr. Albertus Ioachimy
, the States Embassadour then resident in England, Intimating that they intended to examine Witnesses,
in perpetuam rei memoriam
, concerning the spoyls and dammages of the said Ships and lading; Which Admonition was also affixed upon one of the Pillars of the
Royall Exchange
, where it remayned eight dayes publickly, to the end that the East-India Company of the Netherlands, or any Person for them, might retain a Proctor to cross examine any of the said Witnesses if they pleased.
In the Year 1647.
Sir Paul Pindar
makes a
Procuration
or Letter of attorney to
Jonas Abeels
of Amsterdam Merchant, dated the 11. of February 1647/8. old Stile, and also sent him an authentick Copie of the said tripartite indenture, attested by
Iosua Maniet
of London Publicq Notary.
In the Year following
William Courten
being insolvent by reason of other losses, absented himself and went privately to the Hague to
Mr. Iacob Pergens
, who was not ignorant of the Premises in every circumstance, having received the particulars of the dammages amounting unto 85000. Pound, yet nevertheless to imbroil the Subjects of both Nations, he perswaded
Mr. Courten
to make another Bill of sale dated the 22. of February 1647/8. reciting therein that
Mr. Courten
being indebted to the said
Mr. Pergens
in severall summes of monie, he graunted and assigned all his right and interest in the said Ships and lading to him the said
Pergens
, Provided that
Pergens
should pay the surplus over and above his pretended debt to such person and persons lawfully clayming under
Courten
, which bill of sale was signed by
William Courten
and
Iacob Pergens
, and attested by
Dominique Coulyn, David Goubard
, and
Salomon van der Heyde
Publicq Notary in the Hague.
In the moneth of May following
Gerrit Coren
Publicq Notary at Amsterdam by order of
Ionas Abeels
, insinuated his Procuration from
Sir Paul Pindar
and the Originall bill of sale from
William Courten
and
Sir Edward Littleton
, to the Directors of the East India Company, interdicting their payment of any monie for
Courtens
share and stock in the Shipps and lading aforesaid to any person or persons whatsoever, but unto the said
Ionas Abeels
in right of
Sir Paul Pindar
,
protesting
that if they did otherwise it should be no discharge unto them; which insinuation and Protest was done by the said Notary Publicq on the 25. of May 1648. in the Assembly of the said Directors at their Chamber in Amsterdam in the presence of
Ian Iansen
and
Adrian Nys
witnesses thereunto.
In the Moneth of October following,
Ionas Abeels
caused to be arrested in the hands of the said East India Company alle such summes of mony as should be found due from the said Company concerning the said two Shipps and their lading, that out of the said monies
Sir Paul Pindar
share and proportion should be paid in the first place to him the said
Ionas Abeels
in his quallity; which Arrest was made the first of October 1648. by
Goosen Daniels
Bode or Messenger; And a second Arrest was made by
Willem Iansen
Bode or Messenger, in November following both which the Court declared to be valid.
Notwithstanding all these Admonitions and proceedings the Directors of the East India Company at their Chamber in
Middelburgh
on the 18. of September 1649. made an underhand agreement with the said
Iacob Pergens
for 85000. gilders upon Caution given by the said
Iacob Pergens
and
Peter Boudaen Courten
of Middelburgh Marchant to save the said Company harmeles and indempnified from
Sir Paul Pindar
and others concerning the said Monie or any after claymes.
Ionas Abeels
on the 17. of May 1650. understanding of the underhand agreement at Middelburgh, summons the Directors of th' East India Com pany before the Magistrates of Amsterdam, and declares against them that they should be condemned to pay the 85000. gilders to him in right of
Sir Paul Pindar
with dammages for the same untill effectuall payment.
Then the Directors of th' East India Company summoned
Iacob Per gens
, and
Peter Boudaen Courten
on the 13. of September 1650. to indem pnify them from
Sr. Paul Pindar
for the said money, and free them of all Costs accordingly, as by the Acts of the Court appears. In the same Year 1650.
Sir Paul Pindar
dyed, and soon after
Ionas Abeels
dyed also. So the right of Action remained in
statu quo
.
In the Year 1654.
William Toomes
, Executor of
Sir Paul Pindar
, and severall of the Proprietors and Adventurors, exhibited their claym for the Originall loss and Dammages of 85000 Pound Sterling, before the English and Dutch Commissioners at London, appointed by the Treaty made between
Oliver Cromwel
and the States Generall, which by a provisoe in the said Treaty was referred to the Protestant Cantons of Switserland, if the said Commissioners did not compose the same within three moneths.
Afterwards the Proprietors and Adventurors applyed themselves to Mr. Secretary
Thurloe
, for a Commission to be directed to the Protestant Cantons, who answered that most of the Proprietors being Delinquents by Act of Parlement, for adhering to the late King, and soe they had forfeited their Estates, they could not expect any protection from his Highness
Oliver Cromwel
, therefore perswaded them to desist from any further Prosecution
pro tempore
.
In the Year 1660. upon His Majesty's most happy restauration, severall of the Proprietors and Adventurors on the behalf of themselves, and the rest of the Interessed made their address to
Sir Edward Nicholas
, Principall Secretary of State, to move His Majesty to recommend their case concerning the Ships
Bona Esperanza
and
Henry Bonadvantura
to the States Generall for satisfaction and reparation.
Whereupon
Sir Edward Nicholas
having informed the King the true state of the case, and also intimated to His Majesty what great services and sufferings
Sir William Courten
and
Sir Paul Pindar
had undergone for the Crown of England, both in the time of King
Iames
and the late King, as also of the particular sufferings of
Sir Edward Littleton
, and severall of the other Proprietors, His Majesty was gratiously pleased to direct his Letter under his sign Manuall to the States Generall, signifying that the said spoils and dammages being committed against the Laws of common Amity, upon his Subjects who had merited so much from the Crown, he Earnestly required the States Generall to make satisfaction to the Persons interessed and injured, according to the proofs made in his high Court of Admirallity, signifying also that he was obliged in Justice and Honour to see it effected accordingly.
In persuance of which Letter and severall Orders of the Councell-Table for Instructions to
Sir George Downing
, who was then Envoyé Extraordinary for His Majesty at the Hague, divers Memorialls, Answers and Replyes passed between him and the States Generall in the Year 1662. concerning the said spoils and Dammages of those Ships
Bona Esperanza
and
Henry Bonadventura
, wherein the States Generall denyed not the matter of fact, but would have Evaded any other satisfaction to the proprietors and Participants, then what the East India Company by Combination had given to
Iacob Pergens
upon his fraudulent practise as aforesaid.
In that Year 1662. the States Generall having instructed
Mr. Simon van Hoorn
and
Mr. Michiel van Gogh
their Ambassadours in England, to get the said spoiles and depredations concerning the said Shipps to be mortified and Extinguished in the Treaty then depending at Whitehall, his Majestie declared he would breake of the said treatie unlesse satisfaction and reparation should be made for the said Shipps according to the said Letter of recommendation to the States Generall at the Hague as aforesaid.
Where upon there was a particular Exception in the 15. Article of the said Treaty, concluded at Whitehall the 4. of September 1662. that the Dammages concerning those two Shipps
Bona Esperanza
and
Henry Bonadventura
should not be comprehended in the Extinguishment and mortification of former losses and Injuries in the East Indies, but reserved for reparation according
to
his Majesties Letters of Recommendation as aforesaid, and Expressed in these words
poterint litem inceptam prosequi &c.
which agreement was also attested under the Hands and Seales of the late
Duke of Albermarle
, the
Earle of Manchester
, the
Lord Hollis
, the
Lord Bartlet, Sir George Carteret, Sir Edward Nicholas
and
Sir William Morice
, Commissioners that Treated with the States Embassadours.
In the Year following
Sir George Downing
in persuance of the said Treaty, held a Conference with the Pentionaris
Iohn de Wit
and the Deputies of the States Generall, in the presence of
Mr. Peter van Dam
, and two of the Directors of the East India Company in the Chamber of the States Generall to adjust the said Dammages, But in stead therof the Company made severall impertinent interpretations upon the Law of England in the Case of
Sir Paul Pindar
and
Sir Edward Littleton
; Notwithstanding the said Company had the Opinions by them under the hands of
Sir
Iohn
Glynn, Sir Iohn Maynard, Sir Edward Turnor
and Master Serjeant
Baldwynn
, affirming that
William Courten
had nothing in him to grant to
Iacob Pergens
after the Bills of Sale to
Littleton
and
Pindar
, which made them absolute proprietors by the Law of England. Only there was a possibillity left in
Courten
to call them to Accompt after their debt should be paid, which opinions were also confirmed by
Sir Giles Sweit, Sir William Turner, Sir VValter VValker
, and
Sir Tymothy Baldwyn
, Doctors of the Civill Laws, and delivered to
Mr. Peter van Dam
the Advocate of the East India Company.
Then
Iohn de VVit
offred 30000. pound sterling. upon Accompt of all the Proprietors and persons interessed, reserving the Civil right of Action against
Iacob Pergens
and
Peter Boudaen Courten
, for the 85000. gilders paid upon their caution as aforesaid, which offer was not satisfactory, so the Generall dispute remayned also
in statu quo
.
Afterwards
Sir George Downing
did by his last Memoriall upon that subject, dated the 24. of October 1664. give the States Generall a peremptory day to make of that business, intimating therein how ill the King resented it to be so slighted, and that his Majestie would not prostitute his Honour any further but Governe himselfe accordingly, yet all proved ineffectuall.
Then the Proprietors with others addressed themselves with a list of Dammages to the House of Commons in Parliament, the
Bona Esperanza
and
Henry Bonadventura
being placed in the front of all demands; whereupon the Commons voted to assist his Majestie with their lives and fortunes in acquiring satisfaction and reparation, and soone after a declaration for Generall Reprisalls was ordered by the King and Councell against the States Generall and their Subjects, whereupon severall millions of pounds Sterling were granted to his Majestie in Parliament for the prosecution thereof.
In the Year following the Earle of Shrewsbury,
Sir Iohn VVolstenholme, Sir Iohn Ayton, George Carew
and
VVilliam Floyd
Esquires, and others Interessed, made application to his Majestie by petition for Espetiall Letters of Reprisall to remaine in force against the States Generall and their Subjects, untill the Originall losse and dammages should be reprised which was referred to the Judge of the Admirallity and his Majesties Advocates Generall, and severall other Doctors of the Civill Law, to Examine the whole matter and to reporte their opinion what was fitt for his Majestie to do further for his Subjects reliefe in that Case.
After severall Consultations and debates had betweene the said refer rees Concerning the premises,
Doctor Exton
then Judge of the Admirallity Court,
Sir Robert VViseman, Sir VVilliam Turner
, and
Sir Timothy Baldwyn
, made their report to his Majestie, that in this case of spoiles there was no remedie left but Especiall Reprisalls to continue in force against the States Generall and their Subjects, untill the debt and Dammages (wich they found upon proofes to arise unto the summe of 151612. pound sterling) should be recovered with Costs, or a Composition made for the same betweene the East India Company of the Netherlands and the parties Interessed, whereof the said Company were obliged by the Law of Nations to take notice of.
In persuance thereof Letters Patents under the Great Seale of England dated the 19. of May 1665. were granted unto
Sir Edmond Turnor
, and
Mr. George Carew
(Administrator of
Sir Paul Pindar
) their Executors Administrators and Assignes on behalfe of them selves and all the Interessed to continue in force accordingly, with this Especiall clause and Provisoe therein contained, that notwithstanding it should happen that a peace and agreement should be made betweene his Majestie and the States Generall for the Generall Reprisalls, yet it should be lawfull for the said
Turnor
and
Carew
and their Executors and Assignes, to putt the said Letters Patents in Execution for Especiall Reprisalls from time to time untill they had recovered the said debt of 151612. pounds with all Incident Charges, or that the East India Company of the Netherlands should Compound with the Proprietors and other persons Interessed in the same.
In the Year 1666.
Mr. Iames Boevé
delivered a Copie of the said Letters Pattents to
Mr. Peter van Dam
, at the East India Chamber at Amsterdam, and requested him to move the said Company to compose the said debt and Dammages in an Amicable way rather then to leave it in dispute from Generation to Generation, to the prejudice of the States Generall and their Subjects.
In the Year 1667. during the Treaty at Breda, the States Generall having suprized the Kings Shipps at Chattam, severall of the Proprietors freinds in the Hague moved the Pentionaris
Iohn de Wit
, to incite the States of Holland and the East India Company
to
give some Honorable satisfaction for the
Shipps Bona Esperanza
and
Henry Bonadventura
(which had bin so solemnely debated in former Treaties) being more for the Interest of their Country then to insist upon such scandalous Articles as they had framed and sent to Breda concerning the said Dammages, which could not extinguish the debt or make void the Letters Patents, to
Turnor
and
Carew
any more then to disannull the 35. Article of the States Patent to the East India Company of the Netherlands, whereby they make peace and Warre with all Princes and States whatsoever at their pleasure from the Cape Bon Esperanza to the Streights of Magelanus, yet
Iohn de Wit
and his Complices persisted in their projects, and would not hearken to any other advice.
In the Year 1671. the States Generall having made severall Breaches of the Treaty at Breda, and denyed Common Justice to his Majesties Subjects in their ordinary Courts of Judicature in Holland and Zeland, severall of the proprietors and Interessed Persons in the said debt and Dammages, made fresh applications to his Majestie by petition, and prayed that his Majestie would please to insist upon reparation and satisfaction in an Extraordinary way according to the merits of their causes, and Espetially for the debt of 151612. pounds ascertained under the Greate Seale of England as aforesaid, which said petition was by order of Councell referred to the Lords Commissioners of the Treasury and the two principall Secretaries of State, who made a report to his Majestie, that the States Generall having bin refractory in severall Articles of the Treaty at Breda, his Majestie and his Subjects were at libertie both in justice and Equity to require full satisfaction and reparation in
Mr. Courtens
Case, notwithstanding the said Treaty at Breda.
In persuance thereof his Majestie was gratiously pleased on the 7. of July 1672. to recommend the debt of 151612. pound with Dammages by his Letter under his signe Manuall sent by the said
George Carew
to his Grace
George Duke of Buckingham
, and the Right Honorable
Henry Earle of Arlington
, his Majesties Plenipotentiaries and Embassadours Extraordinary to the French King and the States Generall then upon a Treaty at Uytrecht, commanding the said Plenipotentiaries to insist upon satisfaction accordingly; declaring therein his care to protect his Subjects in their Just rights as well as to assist them in the recovery thereof. But the said Treaty taking no effect, the said Plenipotentiaries removed from Uytrecht before
Mr. Carew
arrived at Amsterdam. Then
Mr. Carew
returning for England in Company with
Mr. John Sherland
the Fiscall Generall by order of the States of Holland Committed them both to Prison on the 6/16. of August 1672. as Criminalls upon pretence they were Ennemies to the Country, and Charged
Mr. Carew
as a seditious person in seeking after Justice in the premises, and detayned them both close prisoners in the gevangen port, where
they
are subject to many affronts and reproaches upon every encounter and Alarum in the Countrey, and also obstructed in the Just prosecution of the debt and Dammages aforesaid, which is by an Especiall order of the Councell board dated at Whitehall the 2. of May 1673. recommended to the Lords Embassadours Extraordinary and Plenipotentiaries at Cologne, intimating therein that the case of the Adventurors and Creditors of
Sir William Courten
being already fully stated should be first insisted upon in the list of all Complaints, wherefore the Letters Patents were exemplified and sent to Cologne accordingly, a true Copie thereof here after followes.
A Copie of the Letters Patents for Especiall Reprisall from the King of Great Brittain, under the Great Seale of England, against the States Generall and their Subjects, (enrolled in Chancery
Anno
1665.)
CHARLES the second by the grace of God, of England, Scotland, France and Ireland King, Defendour of the Faith &c. To all Christian People to whom these presents shall come, Greeting:
Whereas
our loving Subject
William Courten
Esquire deceased, and his Partners
anno
1643.
by the depredation and hostile act of one
Geland
, Commander in chief of two Ships belonging to the East-India Company of the Netherlands, was between
Goa
and
Maccao
in the Streights of
Mallacca
, deprived and most injuriously spoiled of a certain Ship named the
Bona Esperanza
, and of her Takle, Apparrell, and Furniture, and all the Goods and Lading in her,
upon
a very hopefull trading Voyage to
China
, which were carryed to
Batavia
and there all
de facto
without due Processe of Law confiscated; And that also in the same Year another laden Ship of Our said Subject, called the
Henry Bonadventure
, being come on ground nere the Island
Mauritius
, was there both Ship and Goods seized upon by some of the Officers and Ministers, & others under the command of the said East-India Company, and utterly deteined from the right Owners.
And Whereas
the said
William Courten
and his Assigns in his life time used all possible endeavours to recover the said Ships and Goods, and to procure further Justice against the Malefactours, and yet could obtain no restitution or satisfaction, whereby they became to be much distressed and utterly undone in their Estate and Credit: And that thereupon and upon the most humble supplication and Adresses of
Francis
Earle of Shrewsbury, and
William Courten
Esquire, Sonne and Heir of the said
Sir William
deceased,
Sir John Ayton
and
Sir Edmond Turnor
Knights,
George Carew
and
Charles Whittaker
Esquires, on the behalf of themselves and divers others interessed in the said two Ships
Bona Esperanza
and
Henry Bonadventura
, and in the Estates of the said
Sir William Courten
deceased,
Sir Edward Littleton
Barronet, and
Sir Paul Pyndar
Knight deceased, that We would take their Case into Our Princely consideracion.
We out of a just sence
We then had and still have of their
unjust
sufferings in that business, both by Our own Letters under Our sign Manuall to the States Generall of the United Provinces, and by
Sir George Downing
Knight and Barronet, Our Envoy Extraordinary, to whom We gave especiall command so to do, required satisfaction to be made according to the Rules of Justice, and the Amity and good correspondence, which We then desired to conserve with them firme and inviolable.
And whereas
after severall Addresses made to the said States Generall by Our said Envoy, and nothing granted effectuall for relief of Our said Subjects, (whom We take Ourselves in Honour and Iustice concerned to be satisfyed and repaid) We lately commanded the said
Sir George Downing
to intimate and signify to the said States, that We expected their finall Answer, concerning satisfaction to be made for the said Ships and Goods by a time then prefixed and since elapsed, that We might so govern ourselves thereupon that Our aforesaid Subjects might be relieved according to Right and Iustice; And yet no satisfactory Answer hath been given, so that We cannot but apprehend it to be not only a fruitles endeavour, but a prostituting of Our honour and dignity to make further Application, after so many denyals and slightings.
And whereas
John Exton
Doctor of Laws, Iudge of Our High Admiralty Court of England upon Our Command, to certify to Us the value, and losses, and dammages, susteyned by the said
William Courten
and Partners, whose Interest is now vested in Our loving Subjects
Sir Edmond Turnor
Knight, and
George Carew
Esquire, and Partners, hath upon full Examination and proofs thereof made by witnesses in Our High Court of Admiralty, reported and certified under his hand that the same do amount to the summe of one hundred fifty one thousand, six hundred and twelve Pounds.
Now Know Yee
, That for a full restitution to be made to them for their Ships, Goods and Merchandizes, of which the said
William Courten
, and the Assignes of the said
William Courten
and Partners, were so dispoiled as aforesaid, with all such Costs and Charges as they shall be at for the recovery of the same, We by the Advice of our Privy Councill have thought fit, and by these presents do grant Licence and Authority under Our great Seale of England, unto Our said Subjects Sir
Edmund Turnor
, and
George Carew
, their Executors, Administrators & Assigns for and on the behalf of themselves, and other Persons interessed as aforesayed, to equippe, victuall, furnish, and to set to Sea from time to time such and so many Ships and Pinaces as they shall think fit.
Provided
alwayes that there be an entry made and recorded in the Admiralty Court, of the Names of all Ships and Vessels and of their Burthen and Ammonition, and for how long time they are victualled; And also of the Name of the Commander thereof before the same or any of them be set forth to Sea; And with the said Ships and Pinaces by force of Armes to set upon, take and apprehend any of the Ships, Goods, Monyes and Merchandizes of the said States Generall or any of their Subjects, inhabiting within any their Dominions or Territories whersoever, the same shall be found, and not in any Port or Harbour in England or Ireland unless it be the Ships and Goods of the Parties that did the wrong. And the said Ships, Goods, Monyes and Merchandises being so taken and brought into some Port of Our Realms and Dominions, an Inventory thereof shall be taken by Authority of Our Court of Admiralty, and Judgement shall be given in Our Court of Admiralty by the Judge or Judges thereof, for the time being, upon proofs made before him, or them, that the said Ships, Goods, Wares, Merchandises, or Money, did belong to the States Generall, or any of their
Subjects
as aforesaid. That they shall be lawfull prize to the said
Sir Edmond Turnor
, and
George Carew
, their Executors, Administrators and Assigns as aforesaid, to retain and keep in their or any
of
their Possessions, and to make sale, and dispose thereof in open Markett or howsoever els to their & every of their best Advantage and Benefitt, in as ample manner as any time heretofore hath been accustomed by way of Reprisall, and to have and enjoye the same as lawfull prize, and as their own proper Goods,
so that neither Captain
/ Master nor any of the Company that shall serve in his owne Person, or shall promote and advance the said enterprise in manner and forme aforesaid, shall in any manner of wise be reputed or challenged for any Offendor against any of Our Laws. And that also it shall be lawfull for all manner or persons as well Our Subjects, as any other to buy the said Ships, Goods and Merchandises so taken, and apprehended by the said Captains, Masters, and others, and adjudged as aforesaid, without any dammage, loss, hinderance, trouble, molestation, or incombrance to befall the said Buyers, or any of them, in as ample and lawfull manner as if the Ships, Goods, Wares, and Merchandise had been come, and gotten by the lawfull Traffique of Merchants, or of just prises in the time of Open Warr.
Provided
alwayes that all Ships, Goods, and Merchandise taken by virtue of this Our Commission shall be kept in safety, and no part of them wasted, spoiled, or diminished, or the Bulke thereof broken untill Iudgement have first past as aforesaid. That they are the Ships and Merchandises of the States Generall, or some of their Subjects as aforesaid. And if by colour of this Our Commission there shall be taken any Ships, Goods, or Merchandises of any of Our loving Subjects, or the Subjects of any Prince, or State in good League, or Amity with Us (except the States Generall) or their Subjects as aforesaid, & the Goods therein laden, sold, & embezelled, or diminished, or the bulke thereof broken in any Place before they shall be adjudged to belong to the States Generall, or some of their Subjects as aforesaid, That then this Commission shall be of no sufficient Authority to take the said Ships, Goods, & Merchandises, or to warrant, or save harmles such as shall receive buy or intermedle therein, but that both the prises so taken, & the said Ship of Warr, shall be confiscated to Our use.
And further
We do hereby declare that it is Our will and pleasure, that this Our Commission shall remain in full force and power to all intents and purposes, untill the said
Sir Edmond Turnor
and
George Carew
their Executors; Administrators, and Assigns, as aforesaid, shall by vertue thereof have by force of Armes apprehended, taken, seised,
recovered
, and received from the said States Generall, or their Subjects, one hundred fifty one thousand six hundred and twelve pounds, according to the appraisement to be made by sufficient Appraisers upon Oath nominated and authorised in Our said Court of Admiralty, of all such Ships, Goods, Wares, and Merchandises, as shall be taken from the said States Generall, or any of their Subjects, by vertue of this Commission, or shall otherwayes receive satisfaction of the Debt aforesaid, by Composition to be made between those of the East-India Company of the Netherlands, and the said
Sir Edmond Turnor
and
George Carew
their Executors, Administrators and Assigns as aforesaid; Notwithstanding it so happen, the present difference between Us, and the States Generall depending upon generall Reprisalls may be agreed and composed, and that in the interim a Peace and good Correspondence may be renewed between Us and the said States Generall;
In which case nevertheless
it's Our will and pleasure, that in the execution of this Our Commission no violence shall be done to the Persons of the said Subjects of the said States Generall, but only in case of resistance, and that after in cold bloud the Subjects of the said States Generall, if hurt or wounded shall be used with all convenient office of humanity & kindess.
And further
Our wil and pleasure is, that although it shall happen that all hostility between Us, & the States Generall & Our respective Subjects shall cease, yet this Our Comission shall remain, & be in full force & power, to the said
Sir Edmond Turnor
and
George Carew
their Executors, Administrators, and Assigns, as aforesaid, by vertue thereof to apprehend, take, and seize by force & Armes, so many more of the said Ships and Goods of the States Generall, or any of their said Subjects, as besides the said summ before-mentioned shall cuntervaile, satisfy, & pay all such Costs and charges as the said
Sir Edmond Turnor
and
George Carew
their Executors, Administrators, or Assigns, as aforesaid, shall from time to time make proof to have disbursed & paid towards the equipping, manning, paying, furnishing, & victualing of the said Ships, so licenced and Authorised as aforesaid, by this Our said Commission to be equipped, manned, paid, furnished and victualled by the said
Sir Edmond Turnor
and
George Carew
their Executors, Administrators, and Assigns as aforesaid for the purpose aforesaid.
And our will
and pleasure is, and We do hereby require Our Judge or Judges of Our High Court of Admiralty for the time being, and all other Officers of
the
Admiralty, and all other Our Iudge or Iudges, Officers, Ministers, and Subjects whatsoever to be aiding and assisting to the said
Sir Edmond Turnor
&
George Carew
, their Executors, Administrators, and Assigns, as aforesaid, in all points in the due Execution of this Our Royall Commission, and to proceed to adjudication and adjudge all Ships, Merchandises, Monyes, and Goods by vertue hereof to be taken according to Our Princely intention hereby signifyed and expressed, and to take care that this Our Royall Commission be duely executed, and favourably inter preted and construed in all respects to the benefit and best advantage of the said
Sir Edmond Turnor
and
George Carew
their Executors, Administrators and Assigns, as aforesaid.
In witnesse
whereof We have caused these Our Letters to be made Patents. Witness Ourself at Westminster the 19. day of May in the 17. Year of Our Reign.
BY THE KING
.
TO make a retrospect into all the former proceedings of this case, or to doubt the validity of the grant, after all matters were brought into a solemn Act of Letters Patents under the great Seal of
England
; were not only to question his Majesties Soveraign Power, and Prerogative Royall in the protection of his Subjects, but to arraign the Judgements and opinions of all the Kings Ministers of State, Judges and publique Persons; that debated this business in Councells, in Treatyes, in Parliament, and inferior Courts of Judicature, before this speciall Comission was granted.
As the King cannot be deceived in his grant, so he cannot do his Subjects any wrong, wherefore in most Pattents the Clause (
quantum in nobis
) is incerted.
It's a maxime in Law that which belongs to another Man cannot be taken from him without his own consent.
In the Year
1639. Sir William Boswell
gave a Memoriall to the States Generall in the Kings name to have satisfaction and reparation for the spoils and Dammages done in the East Indies to his Majesties Subjects. And another Memoriall was given at the same time to that purpose in England, unto
Mr. Albertus Joachymy
the States Ambassador then Resident in ordinary there, unto both which Answers was given, that then could not treate with the King for the Damages done to the East India Company of England, who might question them for the same herafter, so the matter rested
in statu quo
.
This Pattent was not made underhand as
Mr. Pergens
(who had no right) made the agreement with the East India Company of the Netherlands. Neither was the Company ignorant of the precedent grants to
Sir Edward Littleton
and
Sr. Paul Pindar
before they treated with
Mr. Pergens
any more then they were of this Patent when they treated at Breda. Yet they had the confidence by advice of
Iohn de Wit
to frame their Articles rencounter to the Lawes of God and nature, impertinently using the words of mortifying, obliterating, extinguishing, and disannulling all offences, dammages, losses and injuries whatsoever sustained by the Subjects of either side, at any time whatsoever before that treaty: And that all actions, pretentions, and grants whatsoever for the same should be voyde, and for ever renounced, and revoaked, giveing every man liberty to take advantages of his owne wronge, which treaty was soone cancelled by new breaches, and his Majestie lest at liberty as if the treaty at
Breda
had never bin made.
What is repugnant to reason and Justice is voyde in it selfe, as (
felo de se
) and distructive to all Civill Society and being.
Iohn de VVit
and his Brother were the first that used the words mortification and extinguishment in any Treaty of State, which God himselfe abhors in such cases, having decreed that the offendor shall restore three fould for what is wrongfully taken, which implyes the dammages sustained for want of that which was taken away from the Persons injured.
Those, two
Wits
were mortified and extinguished not only for using such Arrogant expressions, but as a just reward to such Persons that indeavored to add force to violence, and fraude to oppression, and treachery to both.
No man will deny but that the King of
Great Brittain
in diverse cases may suspend the Execution of Law in his own Kingdoms, but in no case can give or take away any mans right without a compensation.
The Hollanders have a great power beyond the Cape
Bon Esperance
; and have lately had the boldness to affront his Majesty in his own Seas, but to strike at the Laws and Customs of England, threatnes not only his Majesties prerogative, but shakes the very foundation and common Interest of every individuall Subject, which is nearer and dearer to them then their lives and fortunes.
IT's necessary now to shew what Presidents there are in former Treatyes, between the Belgick Provinces and the Crown of
England
, concerning spoyls, dammages and losses before the seaven United Provinces were a Common-wealth; and since they have been made a Republique.
In the xxix. Article of the Treaty made between King
Henry
the seaventh, and
Philip
Duke of
Austria
and
Burgundy
concluded at
London
the
24.
of February
1495.
it was agreed that all and singular Letters of Reprisall marke and countermarke which were granted by the said Princes or their Predecessors, either out of their high Courts of Chancery or other inferior Courts should be held in suspension without further Execution to be done thereupon
nisi super earum meritis habita cognitione indicta, ad hoc per ipsos Principis specialiter deputandum, alitur fuerit ordinatum
. So that there was no mortification or
extinguishment
of the right, only a suspension of the execution, but yet if there were spetiall matter in the merits of the cause made knowne to the Princes respectively they ordered it otherwise untill satisfaction was given to the parties greeved:
ANd if either of those Princes had had the like occasion given as his Majesty (in this case) they would have entayled a Commission to Eternity if reparation were not found, or the matter composed.
Charles
the first (of that name)
King of Great Brittain
, granted a speciall Commission for Reprisall, under the Great Seal of England, unto
Mr. Pawlet
on the behalfe of himselfe and other Marchants of London who had sustained losses by the Spanjards to the value of
30000.
pounds Sterling in time of Peace; which Commission was to continue untill satisfaction of the debt and Dammages: And at the Treaty concluded betweene the King of Spaine and the King of England at Madrid in the Year
1630.
Care was taken by the Spagniards to satisfie the remainder of the debt not recovered by reprize, as appeares by the accounts stated in th' Admiralty and the recorde there of inrolled in the Chancery.
In the xxx. Article of
Oliver Cromwels
Treaty concluded with the States Generall in the Yeare
1654.
which was made in conformity to the Treaty with the Archduke of Austria aforesaid. It was agreed that at the delivery of the Ratefication of the said Treaty foure Commissioners should be nominated on both sides to meete at London the
10.
May
1654.
to examine and determine all differences and injuries committed from the Year
1611.
to the
18.
of May
1652.
as well in the East Indies, as in Greenland,
Muscovia
, and Brazill, or in any other place. All the said particulars of losses to be delivered in writing to the said Commissioners before the
18.
of May and none after. And that what shall not be concluded within three moneths by the said Commissioners shall be referred to the Protestant Cantons of Switzerland which were to be Arbitrators and to
conclude
the business within six moneths following, the forme of an instrument
being
agreed upon for that purpose: Nevertheless there was only
80000.
pound Sterling paid to th' East India Company of England for the spoyles and Dammages at Amboyna and
3650.
Pounds to the widdows and Orphants of the English Factors murthered there.
And in the xxij. Article of the Pyrenean Treaty concluded between
France
and
Spain
on the
7.
of November
1659.
it was agreed that all debts and Dammages contracted before the warre which upon the said day of the Publication of this Treaty shall be found not to have bin actually paid unto others by vertue of Judgements given upon Letters of confiscation or Reprisall
shalbe
bona fide
satisfied and paid. And upon the demands and persuites that shall be about them, the said Lords and Kings shall give order unto their Officers to render as good and speedy
Justice
unto the Forraigners as unto their owne Subjects without any distinctions of Persons.
By all which it appears there was no such words Mortification or extinguishment used, or others to barr any mans right of action for any things done or committed before the warre.
In the xb. Article concluded at Whitehall between the
King of Great Brittain
and the
States Generall
on the
4.
of September
1662. John de Wit
and his Faction, insisted and indeavored to have all the Dammages, Spoyles, and depredations in th' East Indies mortified and extinguished to that day, Argueing that the Treaty with
Oliver Cromwel
and the Treaty betweene
Sir George Downing
and the East India Company at the Hage in the Year
1659.
whereby they paid the further summe of
50000.
pounds sterling for the Shipps the
Pellican
, the
Fredrick, Francis & John
taken from English Marchants since
Olivers
Treaty should excuse them for the Dammages they had done to
Courten
and his Partners
Anno
1643.
yet nevertheless a particular exception and provision was made in the said 15. Article, that satisfaction should be given for the Ships
Bona Esperanza
and
Henry Bonadventura
, according to his Majesties speciall recommendation as aforesaid, being a di stinct matter from all other spoyles and depredations committed by th' East India Company of the Netherlands.
In persuance whereof the two following Yeares being spent in fresh applications and addresses to the States Generall, the States of Holland, the Directors of th' East
India
Company and to severall Participants without effect.
All Circumstances then considered there was one stepp further made in this speciall case, more then was in the
Amboyna
business to intayle the clayme by Letters Patents for a perpetuall Reprisall untill satisfaction and reparation should be recovered for the debt and Dammages sustained, which if it had not bin granted his
Majesty
had lessened his owne honor and greatnes, as well as his power and prerogative for the protection of his Subjects in their Just right, as also in assisting them in recoverie of the same.
From whence this Conclusion naturally follows the premises, that there is no Appeale, Manifesto, Treaty Guifte, or reward whatsoever, or any other way or meanes under Heaven to
mortifie
, extinguish and discharge the debt and Dammages concerning the
Bona Esperanza
and
Henry Bonadventura
, but by satisfaction and reparation given to the persons interessed and injured, whereby a suffitient discharge may be had.
THE English-mans RIGHT. A DIALOGUE BETWEEN A
BARRISTER
at
LAW
, AND A JURY-MAN:
Plainly setting forth,
I.
The Antiquity
of JURIES,
II.
The excellent designed use of JURIES,
III.
The Office and just Priviledges
of JURIES,
By the Law of England
.
LONDON
: Printed for
Richard Janeway
, in
Queenshead Alley
in
Paternoster-Row
. 1680.
The
English-mans
RIGHT,
&c.
The Introduction
.
MY old
Client
! a good morning to you, whither so fast? you seem intent upon some important affair?
Worthy Sir! I am glad to see you thus
opportunely
, there being scarce any person that I could at this time rather have wisht to meet with.
I shall esteem my self happy, if in any thing I can serve you. The
business
I pray?
I am summon'd to appear
upon a Jury
, and was just going to try if I could get off. Now I doubt not but you can put me into the best way to obtain that favour.
'Tis probable I could. But first let me know the
reasons
why you desire to
decline that service
.
The Reasons why fit men endeavour sometimes to avoid serving on Juries.
You know, Sir, there is something of
trouble
and
loss of time
in it; and mens
Lives, Liberties
, and
Estates
(which depend upon a Jury's
Guilty
, or
Not guilty
, for the Plaintiff, or for the Defendant) are
weighty things
. I would not wrong my Conscience for a world, nor be accessary to any mans ruin. There are others
better skill'd
in such matters. I have ever so loved
peace
, that I have forborn going to
Law
, (as you well know many times) though it hath been much to my loss.
Not sufficient.
I commend your
tenderness
and
modesty
; yet must tell you, these are but general and
weak
excuses. As for your time and trouble, 'tis not
much
; and however, can it be better spent than in doing
justice
, and serving your Country? To withdraw your self in such cases, is a kind of
Sacriledg
, a robbing of the publick of those duties which you justly owe it; the more
peaceable
man you have been, the
more fit
you are. For the office of a
Jury-man
is,
conscientiously to judg his neighbour
; and needs no more
Law
than is easily learnt to direct him therein. I look upon you therefore as a man well qualified with
estate, discretion
, and
integrity
; and if all such as you, should use private means to avoid it, how would the King and Country be honestly served? At that rate we should have none but
Fools
or
Knaves
intrusted in this grand concern, on which (as you well observe) the Lives, Liberties, and Estates of all
Englishmen
depend.
Your
Tenderness
not be accessary to any mans being wrong'd or ruin'd, is (as I said) much to be commended. But may you not incur it unawares, by seeking thus to
avoid
it?
Pilate
was not innocent because he washt his hands, and said,
He would have nothing to do with the blood of that just one
. There are faults of
Omission
as well as
Commission
. When you are
legally call'd
to try such a cause, if you shall
shuffle
out your self, and thereby persons perhaps
less conscientious
happen to be made use of, and so a
Villain
escapes justice, or an
innocent
man is ruined by a
prepossest
or
negligent
Verdict; can you think your self in such a case wholly blameless?
Qui non prohibet cum potest, jubet
: He abets evil, that prevents it not when he may.
Nec caret scrupulo societatis occultæ qui evidenter facinori defenit obviare
: He deserves not to be free from the suspition of a close society, or underhand conspiracy in the mischief of subverting the fundamental Laws and Liberties of the Nation, who ceases to obviate and oppose it
.
Truly I think a man is bound to
do all the good
he can, especially when he is lawfully call'd to it. But there sometimes happen
nice cases
, wherein it may be difficult to discharge ones conscience without incurring the
displeasure
of the Court, and thence
trouble
and
damage
may arise.
That is but a
vain
and
needless
fear. For as the Jurors
priviledges
(and every
English-mans
in and by them) are very considerable; So the Laws have no less providently
guarded
them against Invasion or Usurpation. So that there needs no more than first
understanding
to know your duty, and in the next place
courage
and
resolution
to practise it with impartiality and integrity, free from accursed
bribery
and malice, or (what is full out as bad in the end) base and servile
fear
.
I am satisfied, that as 'tis for the
advantage
and honour of the publick, that men of
understanding, substance
, and
honesty
should be employ'd to serve on Juries, that
justice
and
right
may fairly be administred; So 'tis
their own
interest when called thereunto, readily to bestow their attendance and service, to prevent
ill presidents
from men otherwise qualified; which may by degrees
fatally
, though insensibly, undermine our just Birth-rights, and perhaps
fall heavy
one day upon us, or our posterity. But for my own part, I am fearful lest I should suffer through my
ignorance
of the duty and office of a Juryman, and therefore on that account principally it is, that I desire to be excused in my appearance, which if I understood but so well as I hope many others do, I would with all my heart attend the service.
You speak honestly, and like an
Englishman
. But if that be all your cause of scruple, it may soon be removed, if you will but your self a very
little trouble
of inquiry into the necessary provisions of the Law of
Engl.
relating to this matter.
The Antiquity of Trials by Juries.
There is nothing (of a
temporal
concern) that I would more gladly be inform'd in, because I am satisfied, 'tis very
expedient
to be generally known. And first I would learn
how long
trials by Juries have been used in this Nation?
Even
time out of mind
; so long, that our best
Historians
cannot date the Original of the Institution, being indeed
cotemporary
with the Nation it self, or in use as soon as the people were reduced to any form of
Civil
Government, and administration of Justice. Nor have the several Conquests or Revolutions, the mixtures of
Foreigners
, or the mutual feuds of the
Natives
, at any time been able to suppress or overthrow it. For,
Amongst the
Britains
.
1.
That Juries (the
thing
in effect and
substance
, though perhaps not just the number of
Twelve
men) were in use amongst the
Britains
the first Inhabitants of this Island, appears by the Ancient Monuments and Writings of that Nation, attesting that their
Free holders
had always
a share
in all Tryals and determinations of differences.
Amongst the
Saxons.
Lamb.
p. 218.
Cook 1. par.
Institutes,
fol.
155.
2.
Most certain it is, that they were practised by the
Sax ons
, and were then the
only Courts
, or at least an essential, and the greater part of all Courts of Judicature: For so (to omit a multitude of other Instances) we find in King
Ethelreds
Laws,
In singulis Centuriis
, &c. In every Hundred let there be a Court, and let Twelve ancient Free-men, together with the Lord, or rather according to the Saxon, the Greve
, i.e.
the chief Officer amongst them, be sworn, That they will not condemn any person that is Innocent, nor acquit any one that is guilty
.
Continued by the
Normans
.
See
Spelmans
Glossar. in the word
Jurata
.
3.
When the
Normans
came in,
William
, though commonly called the
Conquerour
, was so far from abrogating this Priviledg of Juries, That in the 4th year of his Reign,
he confirmed all King
Edward
the Confessors Laws, and the ancient Customs of the Kingdom
(whereof this was an essential and most material part). Nay, he made use
of a Jury chosen in every County, to report and certifie on their Oaths what those Laws and Customs were
; as appears in the
Proem
of such his Confirmation.
Confirmed by
Magna Charta
.
4.
Afterwards when the
Great Charter
, commonly called
Magna Charta
, (which is nothing else than a recital, confirmation and corroboration of our Ancient English Liberties) was made and put under the Great Seal of
England
in the
9th
year of King
Henry
the 3
d
(which was
Anno Domini
1225.) Then was this Priviledg of Tryals by Juries in an especial manner confirmed and establisht, as in the 14
th
Chapter,
That no Amercements shall be assessed, but by the Oath of good and honest men of the Vicinage
. And more fully in that Golden Nine and twentieth Chapter
No Freeman shall be taken, or imprisoned, nor be disseized of his Freehold or Liberties, or free customs, or be out-law'd, or exil'd, or any other way destroyed, nor shall we pass upon him, or condemn him, but by the lawful judgment of his Peers, &c.
Which Grand Charter having been confirmed by above thirty Acts of Parliament, the said right of Juries thereby, and by constant usage, and common custom of
England
, which is the
common
Law, is brought down to us as our undoubted Birth-right, and the best inheritance of every
English
man. For as that famous Lawyer Chief Justice
Cook
in the words of
Cicero
, excellently avers,
Major Hereditas venit unicuique nostrum a jure & legibus quam a parentibus
2. Institutes, fol. 36.
'Tis a greater inheritance, and more to be valued, which we derive from the fundamental constitution and Laws of our Country, than that which comes to us from our respective Parents
. For without the
former
, we have no claim to the
latter
.
But has this method of Trial never been attempted to be invaded or justled out of practice?
Essays made to overthrow Trials by Juries, always unsuccessful, and severely punisht.
'Tis but rarely that any have arrived to so great a confidence:
For 'tis a most dangerous thing to shake or alter any of the rules or fundamental points of the common Law, which in truth are the main pillars and supporters of the fabrick of the Commonwealth
. These are Judg
Cooks
words.
2. Institutes,
pag.
74.
Yet sometimes it has been endeavoured. But so sacred and valuable was the Institution in the eyes of our Ancestors, and so tenacious were they of their Priviledges, and zealous to maintain and preserve such a
vital part
of their Birth-right and Freedom, that no such attempts could ever prove effectual, but always ended with shame and severe punishment of the rash undertakers. For example,
1.
Andrew Horn
an eminent Lawyer, in his Book Entituled,
The Mirrour of Justices
, (written in the Reign of K.
Edw.
I. now near 400 years ago) in the fifth Chapter, and first Section, records, That the renowned
Saxon
King
Alfred
caused
four and forty
Justices to be
hang'd
in one year as
murtherers
, for their
false Judgments
. And there recites their particular Crimes, most of them being in one kind or other Infringements, Violations and Encroachments of and upon the Rights and Priviledges of Juries; amongst the rest, that worthy Author tells us, he
hanged one Justice
Cadwine,
because he judged one
Hackwy
to death without the consent of all the Jurors; for whereas he stood upon his Jury of twelve men, because three of them would have saved him, this
Cadwine
removed those three, and put others in their room, on the Jury, against the said
Hackwy's
consent
. Where we may observe, that though at last twelve men did give a Verdict against him, yet those so put upon him, were not accounted
his Jurors
; by reason all, or any of them, who were first sworn to try him, could not (by
Law
) be removed, and others put in their stead. And that such
illegal
alteration was then adjudged a
Capital
Crime, and forthwith the said
Cadwine
was
Hang'd
.
2. A second instance I shall give you in the words of the Lord Chief Justice
Cook
.
Cook 2. part
of Institutes,
fol.
51.
"Against this ancient and
fundamental Law
(and in the face thereof) there was in the 11. year of King
Henry
7. cap. 3. an Act of Parliament obtained (on fair pretences, and a
specious preamble
, as to avoid divers mischiefs,
&c.
) whereby it was Ordain'd,
That from thenceforth, as well Justices of Assize, as Justices of the Peace, upon a bare Information for the King before them made, without any finding or presentment by the Verdict of Twelve men should have full power and authority by their discretions to hear and determine all offences and contempts committed or done by any person or persons against the Form, Ordinance, or effect of any statute made and not repealed
, &c. "By colour of which Act (saith
Cook
) shaking this Fundamental Law (
it means, touching all Trials to be by
Juries) it is not credible what HORRIBLE OPPRESSIONS and EXACTIONS, to the undoing of MULTITUDES of people, were committed by Sir
Richard Empson
Knight, and
Edmund Dudley
, Esq; (being Justices of the Peace) throughout
England
, and upon this unjust and injurious Act (as commonly in like cases it falleth out) a
new Office
was erected, and they made Masters of the Kings Forfeitures.
But not only this Statute was justly soon after the decease of
Hen. 7 repealed
by the Statute of the 1
Hen.
8.
cap.
6. but also the said
Empson
and
Dudley
(notwithstanding they had such an
Act
to back them, yet it being against
Magna Charta
, and consequently
void
) were fairly
executed
for their pains; and several of their under agents, as
Promoters, Informers
, and the like, severely
punisht
, for a warning to all others that shall dare (on any pretence whatsoever) infringe our
English
Liberties.
See Sir
Rich. Bakers
Chron. p. 273.
For so the Lord
4.
part
Instit. fol. 41.
Cook
having (elsewhere) with detestation mentioned their story, pathetically concludes,
Qui eorum vestigiis insistant, exitus perhorrescant
: Let all those who shall presume to tread their steps, tremble at their dreadful end
. Other Instances of a latter date might be given, but I suppose these may suffice.
The benefits of being tried by Juries.
Yes surely; and by what you have discoursed of the
long continued use of Juries
, and the zealous regards our Ancestors had, not to part with them; I perceive that they were esteemed a
special priviledg
. Be pleased therefore to acquaint me wherein the
excellency
and
advantages
to the people by that method of trial above others, may consist?
See all this excellently made out, and more at large by the L.C.J.
Fortescue
, afterwards Chancellor to K.
Hen.
6. in his Book,
De laudibus Legum Angliæ. cap. 26,27,28, & 29.
This question shews you have not been much conversant
abroad
, to observe the
miserable
condition of the poor people in most
other Nations
, where they are either
wholly subject
to the
despotick arbitrary
lusts of their Rulers; or at best under such Laws as render their Lives, Liberties, and Estates, liable to be disposed of at the
discretion
of strangers appointed their Judges, most times
mercinary
, and Creatures of Prerogative; sometimes
malicious
and oppressive, and often
partial
and corrupt. Or suppose them never so
just and upright
yet still has the Subject no security against the attacks of unconscionable
Witnesses
; yea, when there is
no sufficient Evidence
, upon bare suspicions they are obnoxious to the
Tortures of the Rack
, which often make an
innocent
man confess himself
guilty
, meerly to get out of present pain. Is it not then an
inestimable happiness
to be born and live under such a
mild
and righteous Constitution wherein
all these mischiefs
(as far as humane prudence can provide) are prevented; where none can be condemn'd, either by the
power
of superior enemies, or the
rashness
or
ill will
of any
Judg
, nor by the bold Affirmations of any
profligate evidence
; But no less than
Twelve, honest, substantial, impartial men
, his
neighbours
(who consequently cannot be presumed to be unacquainted either with the matters charged, the Prisoner's course of life, or the credit of the Evidence) must first be
fully satisfied
in their Consciences, that he is
guilty
, and so all unanimously pronounce him upon their
Oaths
. Are not these, think you very
material priviledges
?
Yes certainly, though I never so well consider'd them before. But now I plainly see our forefathers had, and we still have
all the reason in the world
to be zealous for the maintenance and preservation thereof from subversion or encroachments, and to transmit them
intire
to posterity. For if once this
bank
be broken down or neglected, an
ocean
of oppression, and the ruins of infinite numbers of people, (as in
Empson
and
Dudley's
days) may easily follow, when on any pretence they may be made
Criminals
, and then fined in vast sums, with pretext to enrich the Kings Coffers, but indeed to feed those insatiate
Vultures
that promote such unreasonable Prosecutions. But since you have taught me so much of the
antiquity
and
excellency
of Juries, I cannot but crave the continuance of your favour to acquaint me somewhat more particularly of their
office
and
power
by Law.
The Office and power of Juries.
I shall gladly comply with so reasonable and just a request.
A Jury of twelve men are by our Laws the only proper Judges of the matter in issue before them
.
See
Cook,
4th part of Instit.
fol.
84.
As for instance,
1. That Testimony which is delivered to induce a Jury to believe, or not to believe the matter of Fact in issue, is called in Law EVIDENCE, because thereby the Jury may out of many matters of Fact,
Evidere veritatem
, that is,
see clearly the truth
, of which they are proper Judges.
2. When any matter is sworn, Deed read, or offered whether it shall be believed or not, or whether it be
true or false
in point of Fact, the Jurors are proper Judges.
3. Whether such an act was done in such or such a manner, or to such or such an
intent
, the Jurors are Judges. For the Court is not Judg of these matters, which are evidence to prove or disprove the thing in issue. And therefore the Witnesses are always ordered to
direct their speech to the Jury
, they being the proper Judges of their Testimony. And in all Pleas of the Crown (or matters Criminal) the Prisoner is said,
to put himself for trial upon his Country
, which is explain ed, and referred by the Clerk of the Court, to be meant of the Jury, saying to them,
Which Country you are
.
The office of the Court in Trials.
Well then, what is the part of the Kings
Justices
, or the Court? what are they to take cognizance of, or do, in the Trials of mens Lives, Liberties, and Properties?
Their office in general is to do
equal justice
and right: particularly,
1. To see that the Jury be regularly
return'd
and duly
sworn
.
2. To see that the Prisoner (in cases where 'tis permittable) be allowed his lawful
challenges
.
3. To advise by Law, whether such matter may be given in evidence or not, such a writing read or not, or such a man admitted to be a witness,
&c.
4. Because by their
learning
and experience they are presum'd to be best qualified to ask pertinent questions, and in the most perspicuous manner soonest to sift out truth from amongst the tedious impertinent Circumstances and Tautologies; they therefore commonly
examine the Witnesses in the Court
, yet not
excluding the Jury
, who of right
may
, and where they see cause,
ought
to ask them any necessary questions, which undoubtedly they may lawfully do with modesty and discretion, without
begging any leave
. For if asking leave be necessary, it implies in the Court a right when they lift to deny it; and how then shall the Jury know the truth? And since we see that Council, who too often (
Pudet hæc opprobria nobis
) for their
fees
strive only to baffle Witnesses, and stifle Truth, take upon them daily to
interrogate
the evidence, 'tis absurd to think that the Jurors should not have the
same priviledg
, who are upon their
Oaths
, and
proper Judges
of the matter.
5. As a discreet and
lawful Assistant
to the Jury, they do often recapitulate and sum up the heads of the Evidence; but the Jurors are still to consider whether it be done
truly, fully
and
impartially
, (for one mans
memory
may sooner fail than
Twelve's
.)
Vaughan's
Reports in
Bushell's
Case.
fol.
144.
He may likewise state the Law to them, that is, deliver his
opinion
where the case is difficult, or they
desire
it. But since
Ex facto jus oritur
, all matter of Law arises out of matter of Fact, so that till the Fact is
setled
there is no room for Law, therefore all such
discourses
of a Judg to a Jury are or ought to be
Hypothetical
, not
coercive
; conditional, and not
positive
; viz.
If you find the fact thus or thus
, (still leaving the Jury at liberty to find as they see cause)
then you are to find for the Plaintiff. But if you find the Fact thus or thus, then you are to find for the Defendant
, or the like,
Guilty
, or
not guilty
, in cases Criminal.
Lastly, They are to
take the Verdict
of the Jury, and thereupon to give
judgment
according to Law. For the office of a Judg (as
Cook
well observes) is
jus dicere
, not
jus dare
; not to make any Laws by strains of wit, or forced Interpretations; but plainly and impartially to declare the Law already establisht. Nor can they refuse to accept the Juries Verdict when agreed: For if they should, and force the Jury to return, and any of them should miscarry for want of modation it would undoubtedly be murder; and in such case the Jury may without crime force their liberty, because they are illegally confined, having given in their Verdict, and thereby honestly discharged their office, and are not to be starv'd for any mans pleasure.
How Jurors are judges of Law as well as Fact.
But I have been told, That a Jury is only Judg of naked
matter of fact
, and are not at all to take upon them to
meddle with
, or regard
matter of Law
, but leave it wholly to the Court.
'Tis most true, Jurors are
Judges
of matters of Fact, that is their
proper Province
, their chief business; but yet not
excluding
the consideration of matter of Law, as it
arises
out of, or is
complicated
with, and
influences
the Fact. For to say, they are not at all to meddle with, or have respect to Law in giving their Verdicts, is not only a
false
position, and contradicted by every days
experience
; but also a very
dangerous and pernicious
one, tending to defeat the principal end of the Institution of Juries, and so subtilly to
undermine
that which was
too strong
to be
batter'd down
.
1.
It is false
: for though the direction as to matter of Law separately may belong to the Judg, and the finding the matter of Fact does peculiarly belong to the Jury, yet must your Jury also
apply matter of Fact and Law together
; and from their consideration of, and a right judgment upon both, bring forth their Verdict: For do we not see in most General issues, as upon
not guilty
, pleaded in
trespass
, breach of the peace, or
Felony
, though it be matter
in Law
whether the party be a
trespasser
, a breaker of the Peace, or a
Felon
; yet the Jury do not find the
Fact
of the case by it self, leaving the Law to the Court; but find the party
guilty
, or not
guilty
, generally. So as though they answer not to the question singly,
what is Law
; yet they determine the Law in all matters where Issue is join'd. So likewise is it not every days practise, that when persons are Indicted for
murther
, the Jury does not only find them
guilty
or not
guilty
, but many times upon hearing and weighing of circumstances, brings them in, either
guilty
of
Murther, Manslaughter,
per Infortunitus
, or
se-defendendo
, as they see cause. Now do they not herein
complicately resolve
both Law and Fact? And to what end is it that when any person is prosecuted upon any
Statute
, the Statute it self is usually read to Jurors, but only that they
may judg
. Whether or no the matter be within that Statute? But to put the business out of doubt, we have the
suffrage
of that Oracle of Law
Littleton
, who in his
Tenures, Sect.
368. declares,
That if a Jury will take upon them the knowledg of the law upon the matter, they may
. Which is agreed to, likewise by
Cook
in his Comment thereupon. And therefore 'tis
false
to say, That the Jury hath not power, or doth not use frequently to apply the Fact to the Law; and thence taking their
measures
, judg of, and determine the
crime
or
issue
by their Verdict.
2. As Juries have ever been
vested
with such
power
by Law, so to exclude them from, or
disseize
them of the same, were utterly
to defeat the end of their institution
. For then if a person should be Indicted for doing any common innocent act, if it be but clothed and disguised in the Indictment with the name of Treason, or some other high crime, and prov'd by Witnesses to have been done by him; the Jury though satisfied in Conscience, that the Fact is not any such offence as 'tis called, yet because (according to this fond opinion) they have no power to judg of
law
, and the
fact
charged is fully
prov'd
, they should at this rate be bound to find him
guilty
. And being so found, the Judg may pronounce sentence against him, for he finds him a convicted Traytor,
&c.
by his Peers. And thus as a certain Physician boasted, That he had
kill'd one of his Patients with the best method in the world
; So here should we have an
innocent
man hang'd, drawn, and quarter'd, and all
according to law
.
God forbid that any such thing should be practised; and indeed I do not very fully understand you.
I do not say it ever hath been, and I hope it never
will be
practised: But this I will say, that according to this Doctrine, it
may be
; and consequently Juries may thereby be rendred rather a
snare
or engine of oppression, than any advantage or
Guardian
of our Legal Liberties against Arbitrary Injustice, and made meer
properties
to do the
drudgery
, and bear the
blame
of unreasonable
Prosecutions
. And since you seem so dull as not to perceive it, let us put an Imaginary case, not in the least to abet any irreverence towards his Majesty, but only to explain the thing, and shew the absurdness of this opinion. Suppose then a man should be Indicted,
For that he as a false Traytor not having the fear of God before his eyes
, &c.
did trayterously, presumptuously against his Allegiance, and with an intent to affront his Majesties Person and Government, pass by such or such a Royal Statue or Effigies with his hat on his head, to the great contempt of His Majesty and his Authority, the evil example of others, against the Peace, and his Majesties Crown and Dignity
. Being hereupon arraigned, and having pleaded
Not guilty
, suppose that sufficient evidence should swear the matter of Fact laid in the Indictment, viz.
That he did pass by the Statue or Picture with his hat on
; now imagine your self one of the Jury that were sworn to try him, What would you do in the matter?
Do? Why I should be satisfied in my Conscience, That the man had not herein committed
any crime
, and so I would bring him in
not Guilty
.
You
speak
as any honest man would
do
: But I hope you have not forgot
the point
we were upon; suppose therefore when you thought to do thus, the
Court
, or
one of your Brethren
, should take you up and tell you, That
it was out of your power so to do
;
An ordinary Jury-man's wise Speech.
For
look ye
(saith he)
my Masters! we Jury-men are only to find matter of Fact, which being fully prov'd as in this case before us it is, we must find the party Guilty; whether the thing be Treason or not, does not belong to us to inquire; 'tis said so here, you see in the Indictment; and let the Court look to that, they know best, we are not Judges of Law: shall we meddle with niceties and punctilio's, and go contrary to the directions of the Court? So perhaps we shall bring our selves into a
præmunire
(as they say) and perhaps never be suffered to be Jury men again. No, no, The matter of Fact you see is proved, and that's our business, we must go according to our Evidence, we cannot do less: truly 'tis something hard, and I pity the poor man, but we cannot help it, &c.
After these notable documents, what would you do now?
I should not tell what to say to it; for I have heard several
Ancient
Jury-men speak to the very same effect, and thought they talk'd very wisely.
Well then, would you consent to bring in the man
Guilty
?
Truly I should be somewhat
unwilling
to do it; but I do not see which way it can be
avoided
, but that he
must be found guilty
of the Fact.
God keep every honest body from
such Jury-men
; have you no more regard to your
Oath
? to your
Conscience
? to
Justice
? to the
Life
of a man?
Hold! hold! perhaps we would not bring him in
Guilty
generally, but only Guilty of the Fact, Finding no more but
Guilty of passing by the Statue with his Hat on
.
This but poorly mends the matter, and signifies little or nothing; For such a finding hath generally been
refused
by the Court, as being
no Verdict
, though 'tis said it was lately allowed somewhere in
a Case that required favour
. But suppose it were accepted, what do you intend shall become of the Prisoner? must not he be kept in Prison til all the Judges are at leisure and willing to meet and
argue
the business? Ought you not, and what Reason can you give why you should not absolutely acquit and discharge him? Nay, I do aver, you are bound by your Oaths to do it, by saying with your
mouths
to the Court, what your
Consciences
cannot but dictate to your selves,
Not Guilty
: For pray consider, Are you not sworn,
That you will well and truly Try, and true deliverance make?
There's none of this Story of
matter of Fact
, distinguisht from Law in your Oath. But you are,
Well
, That is,
Fully
and
Truly
, that is
Impar tially
, to try the Prisoner. So that if upon the Consciences, and the best of the
Understanding
by what is proved against him, you find he is guilty of that
Crime
wherewith he stands charged, that is, deserving
Death
, or such
other Punishment
as the Law inflicts upon an Offence so
denominated
; then you are to say, he is
Guilty
. But if you are not satisfied, that either the
Act
he has committed was Treason, or other Crime, (though it be never so often
called so
) or that the Act it self, if it were so criminal, was not
done
, then what remains but that you are to acquit him? For the end of Juries is to preserve Men from
oppression
, which may happen as well by
imposing
or ruining them for that
as a Crime
, which indeed is
none
, or at least not such or so
great
as is pretended, as by charging them with the Commission of that which in truth was
not committed
. And how do you
well and truly Try, and true Deliverance make
, when indeed you do but deliver him up to others to be
Condemned
, for that which your selves do not believe to be any
Crime
?
Well; but the
supposed Case
is a Case
unsupposable
. It is not to be imagined, that any such thing should happen, nor to be thought, that the Judges will condemn any Man, though brought in Guilty by the Jury, if the Matter in it self be not so
Criminal
by Law.
'Tis most true, I do not believe that ever
that Case
will happen. I put it in a thing of apparent
Absurdity
, that you might the more clearly observe the unreasonableness of this Doctrine; but withal I must tell you, That 'tis not impossible that some
other Cases
may really happen, of the same or the
like nature
, though more
fine
and plausible. And though we apprehend not, that during the Reign of His Majesty that now is, (
whose Life God long preserve
) any Judges will be made that would so
wrest the Law
; Yet what Security is there, but that some
Successors
may not be so cautious in their Choice? And though our
Benches
of Judicature be at present furnish'd with Gentlemen of great Integrity, yet there may one day happen some
Tresilian
, or Kinsman of
Empsons
, to get in, (for what
has been
, may be) who
Empson-like
, shall pretend it to be for his Masters Service, to encrease the number of Criminals, that his Coffers may be
fill'd
with
Fines
and
Forfeitures
. And then such mischiefs may arise. And Juries having upon confidence parted with their just Priviledges, shall
then, too late
, strive to reassume them, when the number of Ill-presidents shall be vouched to inforce that as of
Right
, which in truth was at first a
Wrong
grounded on
Easiness
and
Ignorance
. Had our
wise and wary
Ancestors thought fit to depend so far upon the
Contingent Honesty
of Judges, they needed not to have been so
zealous
to continue the usage of
Juries
.
Yet still I have heard, that in every Indictment, or Information, there is always something of
Form
or Law, and something else of
Fact
; and it seems reasonable, that the Jury should not be bound up
nicely
to find
every Formality
therein expressed, or else to acquit (perhaps) a notorious Criminal. But if they find the
Essential Matter
of the Crime, then they ought to find him Guilty.
How far aggravating words, or those of course in Indictments or Informations, are to be regarded.
You say
true
, and therefore must note, that there is a
wide difference
to be made between
Words of Course
, rais'd by Implication of Law, and
Essential Words
, that either
make
, or really
aggravate
the Crime charged. The Law does suppose and imply every Trespass, Breach of the Peace, every Felony, Murder, or Treason to be done
Vi et Armis
, with Force and Arms,
&c.
Now if a Person be Indicted for Murder by
Poison
, and the Matter proved, God forbid the Jury should scruple the finding him
Guilty
upon the Indictment, meerly because they do not find that part of it, as to
Force and Arms
, proved. For that is implyed as a necessary or allowable
Fiction
of Law.
But on the other side, when the Matter in Issue in it self, and taken as a naked Proposition, is of such a Nature, as no Action, Indictment, or
Information
will lie for it
singly
, but it is
work'd up
by special Aggravations into Matter of
Damage
or
Crime
; as that it was done to
scandalize the Government
, to
raise Sedition
, to
affront Authority
, or the like, or with such or such an
evil intent
. If these Aggravations, or some
overt
Act to manifest such ill Design or Intention be not made out by
Evidence
, then ought the Jury to find the Party
Not Guilty
; for example.
Bishop
Latimer
, (afterwards a
Martyr
in bloody Queen
Maries
days, for the
Protestant
Religion) in a Sermon preached before the most excellent King
Edward
the sixth delivered these words.
See
Latimers
Sermons
fo.
41. the second Sermon before King
Edward
the sixth.
"I must desire your Grace to hear Poor Mens Suits your self; the Saying is now, That Money is heard every where; if he be Rich, he shall soon have an end of his Matter, others are fain to go home with weeping Tears for any help they can obtain at any Judges Hand. Hear Mens Suits your self, I require you in Gods behalf, and put them not to the Hearing of these Velvet-Coats, these Up-skips. Amongst all others, one especially moved at this time to speak; This it is, Sir! A Gentlewoman came and told me, that a Great Man keepeth certain Lands of hers from her, and will be her Tenant in spight of her Teeth. And that in a whole Twelve-month she could not get but one day for the Hearing of her Matter, and the same day, when it should be heard, the Great Man brought on his side a great sight of Lawyers for his Counsel, the Gentlewoman had but one Man of Law, and the Great Man shakes him so, that he cannot tell what to do; for that when the Matter came to the Point, the Judge was a means to the Gentlewoman, that she should let the Great Man have a quietness in her Land: I beseech your Grace, that ye would look to these Matters. And you proud Judges! Hearken what God saith in his Holy Book;
Audite illos ita parvum ut magnum
, Hear them (saith he) the Small as well as the Great, the Poor as well as the Rich, regard no Person, fear no Man. And why?
Quia Domini Judicium est
, The Judgment is Gods. Mark this Saying, thou proud Judge, The Devil will bring this Sentence against thee at the Day of Doom. Hell will be full of these Judges, if they repent not, and amend, they are worse than the wicked Judge that Christ speaketh of
Luke
the 19
th
, that neither feared God nor the World. Our Judges are worse than this Judge was; for they will neither hear Men for God's sake, nor fear of the World, nor Importunateness, nor any thing else; yea some of them will command them to ward if they be importunate. I heard say, That when a Suiter came to one of them, he said, What fellow is it that giveth these folks counsel to be so importunate? he deserves to be Punished and Committed to
Prison!
ward. Marry sir! punish me then, It is even I that gave them Counsel, I would gladly be punished in such a Cause, and if you amend not, I will cause them to cry out upon you still, even as long as I live.
These are the very words of that good Bishop and Martyr Father
Latimer
.
Truly they are somewhat
Bold
, but I think very
Honest
ones. But what signify they to our discourse?
Only this, suppose the Judges of those times, thinking themselves agrieved by such his
Freedom
, should have brought an
Indictment
against him, setting forth,
that falsly and maliciously intending to scandalize the Government and the Administration of Justice in this Realm, and to bring the same into Contempt, he did speak, publish and declare the false and scandalous words before recited
.
I conceive the Judges had more
Wit
than to trouble themselves about such a Business.
That's nothing to the purpose, but suppose I say by them or any body else, it had been
done
, and his
speaking
the
words had been proved
, and you had then been Living and one of the Jury.
I would have pronounced him
not Guilty
, and been
starv'd
to Death before I would have consented to a contrary Verdict, Because the words in themselves are not
Criminal
, nor reflecting upon any particulars, and as for what is supposed to be laid in the Indictment or Information, that they were published or spoken to
scandalize the Government and the Administration of Justice, or to bring the same into Contempt
, nothing of that appears.
You resolve as every Honest, Understanding, Conscientious man would do in the like Case, for when a man is Pro secuted for that which in it self is
no Crime
, how dreadfully soever it may be set out, as the Inquisitors in
Spain
use to Cloath Innocent Protestants, whom they Censure to the flames, with
Sambenito's
(Garments all over bepainted with
Devils
) that the people beholding them in so Hellish a dress, may be so far from pitying them, that they may rather Condemn them in their thoughts as
Miscreants
not worthy to Live, though in truth they know nothing of their Cause, yet I say notwithstanding any such
Bugg-bear Artifice
, an Innocent man ought to be Acquitted, and not he and his Family ruined and perhaps utterly undone, for
words
or
matters
harmless in themselves, and possibly very well intended, but only rendred
Criminal
by being thus hideously dressed up, and wrested with some far-fetch'd, forced and odious Construction.
This is a matter well worthy the Consideration of all Juries, for indeed I have often wondred to observe the
Adverbs
in Declarations, Indictments and Informations in some Cases to be harmless
Vinegar and Pepper
, and in others
Henbane steep'd in
Aqua fortis
.
That may easily happen, where the Jury does not
distinguish
Legal Implications, from such as Constitute, or materially
Aggravate
the Crime, for if the Jury shall honestly refuse to find the
latter
in Cases where there is not direct proof of them,
viz.
That such an Act was done
Falsly, Scandalously, Maliciously
, with an intent to
raise Sedition, defame the Government
, or the like, their mouths are not to be stopt, nor their Consciences satisfied with the Courts telling them
You have nothing to do with that, its only matter of Form or matter of Law, you are only to examine the Fact, whether he spoke such words, writ or sold such a Book or the like
; For, now if they should ignorantly take this for an Answer and bring in the Prisoner
Guilty
, though they mean and intend of the
naked Fact
or bare Act only, yet the Clerk Recording it, demands a further Confirmation, saying to them thus,
well then you say
A.B.
is Guilty of the Trespass or Misdemeanour in manner and form as he stands Indicted and so you say all
, to which the Foreman Answers for himself and his fellows
Yes
. Whereupon the Verdict is drawn up
Juratores super Sacramentum suum dicunt
, &c.
The Jurors do say upon their Oaths, that
A.B.
maliciously, in Contempt of the King and the Government, with an intent to scandalize the Administration of Justice, and to bring the same into Contempt or to raise Sedition
&c. (As the words before were laid)
spake such Words, publisht such a Book, or did such an Act, against the Peace of our Lord the King his Crown and Dignity
.
Dictum
Thus a
Verdict
, so called in Law,
quasi veritatis
, because it ought to be the
Voice
or
Saying
of
Truth
it self, may become composed in its
material
part of
Falshood
. Thus Twelve men ignorantly drop into a
Perjury
. And will not every conscientious man tremble to
pawn his Soul
under the sacred and dreadful solemnity of an
Oath
, to attest and justifie a
Lie upon Record
to all Posterity; besides the
wrong
done to the Prisoner, who thereby perhaps comes to be
hang'd
(and so the Jury
in foro conscientiæ
are certainly guilty of his
Murther
) or at least by
Fine
or
Imprisonment
) undone with all his Family, whose just
Curses
will fall heavy on such unjust Jurymen and all their
Posterity
, that against their
Oaths
and
Duty
occasion'd their causeless misery. And is all this think you nothing but a matter of
Formality
?
Yes really, a matter of
Vast Importance
and
sad
Consideration; yet I think you charge the mischiefs done by such Proceedings a little
too heavy
upon the
Jurors
; Alas good men! They
mean no harm
, they do but follow the
directions
of the Court, if any body ever happen to be to blame in such Cases it must be the
Judges
.
Yes, forsooth! That's the Jury-mens
common-plea
, but do you think it will hold good in the Court of Heaven? 'Tis not enough that we
mean no harm
, but we must
do none neither
, especially in things of that moment, nor will
Ignorance
excuse, where 'tis
affected
, and where duty obliges us to
Inform
our selves better, and where the matter is so
plain
and easie to be understood.
As for the
Judges
they have a fairer plea than you, and may qickly return the
Burthen
back upon the Jurors, for
we
, may they say,
did nothing but our duty according to usual Practise, the Jury his Peers had found the Fellow Guilty upon their Oaths of such an Odious Crime, and attended with such vile, presumptions, and dangerous Circumstances. They are Judges, we took him as they presented him to us, and according to our duty pronounced the Sentence, that the Law inflicts in such Cases, or set a Fine, or ordered Corporal punishment upon him, which was very moderate, Considering the Crime laid in the Indictment or Information, and of which they had so sworn him Guilty; if he were innocent or not so bad as Represented, let his Destruction lye upon the Jury
&c. At this rate if ever we should have an
unconscionable Judge
, might he Argue; And thus the Guilt of the
Blood
or
ruin
of an Innocent man when 'tis too late shall be
Bandyed
to and fro, and
shuffled off
from the Jury to the Judge, and from the Judge to the Jury, but really
sticks fast to both
, but especially
on the Jurors
; because the very end of their Institution was to prevent all dangers of such oppression, and in every such Case, they do not only wrong their
own Souls
, and irreparably
Injure
a particular Person, but also basely betray the
Liberties
of their Countrey in General, for as without their
ill-complyance
and Act no such mischief can happen; so by it, ill precedents are made, and the Plague is encreased, honester Juries are
disheartned
or seduc'd by Custome from their Duties, just Priviledges are lost by
disuser
, and perhaps within a while some of themselves may have an
hole
pickt in their Coats, and then they are Tryed by another Jury just as wise and honest, and so deservedly come to smart under the Ruinating
Effects
and
Example
of their own Folly and Injustice.
You talk of
Folly
, and blame Jury-men, when indeed they cannot help it, they would sometimes find such a Person
Guilty
, and such an one
Innocent
, and are perswaded they
ought so to do
, but the Court over-rules, and
forces
them, to do otherwise.
How I pray?
How? Why, did you never hear a Jury
threatned to be Fined and Imprisoned
, if they did not comply with the Sentiments of the Court?
I have
Read
of such doings, but I never heard, or saw it done, and indeed I do not doubt but our
Seats
of Justice are furnisht with both
better men
, and
better Lawyers
, than to use any such
Menaces
or
Duress
, for undoubtedly 'tis a base and very
Illegal
Practise. But however will any man that
fears God
, nay that is but an
honest Heathen
debauch his
Conscience
, and forswear himself, do his Neighbour
Injustice
, betray his Countreys Liberties, and consequently
enslave
himself and his Posterity, and all this meerly because he is
Hector'd
and threaten'd a little?
I know it should not sway with any, but alas, a
Prison
is terrible to most men, whatever
the Cause
be; And the
Fine
may be such, if one shall refuse to comply, as may utterly
ruin
ones Family.
Jurors cannot be Fined or Imprisoned in any case for giving their Verdict according to their Consciences, though contrary to the direction or sense of the Court.
Fright not your self, there is no cause for this
Aguefit
, to shake your Conscience out of Frame; if you are Threatned tis but
Brutum Fulmen
, Lightning without a Thunderbolt, nothing but
big words
, for it is well known
That there is never a judge in England that can Fine or Imprison any Jury-man in such a Case
.
Good Sir! I am half asham'd to hear
a Barrister
talk thus; have not some in our memory been
Fin'd
and Imprison'd? And sure that which has
actually
been done is not altogether
Impossible
.
Your Servant Sir! Under favour of your mighty Wisdom and Experience, when I said no Judge
could do it
, I spake the more like a
Barrister
, for tis a Maxim in Law
Id possumus quod Jure possimus
. A man is said to be
Able
to do only so much, as he may
Lawfully do
. But such Fining or Imprisoning cannot
Lawfully
be done; the Judges have no
Right or Power
by Law to do it, and therefore it may well be said, they
cannot
, or are
not able
to do it.
And whereas you say, that some
Juries in our Memory
have been Fined and imprisoned, you may possibly say true, But tis as true that it hath been only in our Memory, for no such thing was practised in Antient times, for so I find it asserted by a late Learned Judge
Lord Chief Justice Vaughan in his Reports. fol. 146
in these possitive words;
No case can be offered, either before Attaints granted in General, or after, that ever a Jury was punisht by Fine and Imprisonment by any Judge, for not finding according to their evidence and his direction, until
Pophams
time, nor is there clear proof, that he ever Fined them for that Reason, separated from other Misdemeanours.
And Fol, 152 he Affirms
That no man can shew, that a Jury was ever punisht upon an Information either at Law or in the Star-Chamber, where the Charge was only for finding against their Evidence, or giving an untrue Verdict, unless Imbracery, Subornation, or the like were joyn'd.
So that you see, the Attempt is an
Innovation
as well as
unjust
, a thing unknown to our Fore-fathers and the Antient
Sages
of the Law; and therefore so much the more to be
watcht
against, resisted and suppressed, whilst
young
, lest in time this crafty
Cockatrices Egg
hatcht and fosterd by Ignorance, and pusillanimous Compliance, grow up into a
Serpent
too big to be master'd, and so Blast and destroy the
First-Born
of our English Freedoms. And indeed (Blessed be God) it hath
hitherto
been rigorously opposed as often as it durst
Crawl
abroad, being Condemned in
Parliament
and knockt o'th head by the Resolutions of the
Judges
upon solemn Argument. As by and by I shall demonstrate.
Well, but are Iurors not liable then to
Fine
or Imprisonment in
any Case
whatsoever.
Juries Office partly
Ministerial
, partly
Judicial
.
Now you run from the Point; we were talking of giving their Verdict, and you speak of any Case whatsoever. Whereas you should herein observe a necessary distinction, which I shall give you in the words of that Learned
Iudge
last Cited
Vaughan Rep. fo. 152.
Much of the Office of Jurors in order to their Verdict is
Ministerial
; as not withdrawing from their Fellows after they are Sworn, not receiving from either side Evidence not given in Court; Not eating and drinking before their Verdict; Refusing to give a Verdict,
&c.
Wherein if they Transgress they may be finable. But the Verdict it self, when given, is not an Act Ministerial, but
Judicial
and (supposed to be) according to the best of their Judgment, for which they are not Finable, nor to be punisht but by Attaint;
that is, by
another Jury,
in Cases where an Attaint lies, and where it shall be found that
Wilfully
they gave a Verdict
false
and
Corrupt.
Now that Iuries
otherwise
, are in no Case
punishable
, nor can (for giving their Verdict according to their Consciences and the best of their Judgment) be Legally
Fined
or Imprisoned by any Iudge on Colour of
not going according to their Evidence
, or finding
contrary to the directions of the Court
, is a truth both founded on unanswerable
Reasons
and Confirmed by irrefragable
Authorities
.
Those I would gladly hear.
They are
many
, but some of the most evident are these that follow.
As for Reasons.
1. A Iury ought not to be Fined or Imprisoned, because they do not follow the Iudges directions, for if they do follow his direction, they may yet be Attainted, and to say they gave their Verdict according to his directions is no Barr, but the Iudgment shall be
revers'd
and they
punisht
for doing that, which if they had not done, they should (by this Opinion) have been Fined and Imprisoned by the Iudge, for not doing it. Which is
Unreasonable
.
2. If they
do not follow
his direction, and be therefore
Fined
, yet they may be
Attainted
, and so they should be
doubly
punisht by distinct Iudicatures for the same Offence, which the Common Law never admits.
3. To what end is the Jury to be return'd out of the
Vicinage
(that is,
the neighbourhood
) whence the issue ariseth? To what end must
Hundredors
be of the Jury, whom the Law supposeth to have nearer knowledge of the Fact than those of the Vicinage in general? To what end are they
challeng'd
so scrupulously to the
Array
and
Pole
? to what end must they have such a certain
Freehold
, and be
Probi & legales homines
, and not of
Affinity
with the Parties concerned?
&c.
If after all this they
implicitly
must give a Verdict by the Dictates and Authority of another Man, under pain of
Fines
and
Imprisonment
, when sworn to do it according to the best of their
own knowledge
; a Man cannot see by anothers Eye, nor hear by
anothers Ear
, no more can a Man conclude or
infer
the thing to be resolved by
anothers
understanding or reasoning, unless all Mens understandings were equally alike; and if meerly in compliance because the Iudge
says thus or thus
, a Iury shall give a Verdict, though such their Verdict should happen to be
right
, true, and just, yet they being not assured
it is so
from their own understanding, are
forsworn
, at least in
Foro Conscientiæ
.
4. Were Jurors so finable, then every Major and Bailiff of Corporations, all Stewards of Leets, Justices of Peace,
&c.
whatever Matters are try'd before them, shall have
Verdicts to their minds
, or else Fine and Imprison the Jurors till they
have
; so that such must be either pleased, humored, or gratified, else no Justice or Right to be had in any Court.
5. Whereas a Person by Law may
Challenge
the Sheriff or any Jury-man, if of Kin to his Adversary, yet he cannot challenge a Major, Recorder, Justice,
&c.
who 'tis possible will have a Verdict for their
Kinsman
, or against their
Enemy
, or else Fine and Imprison the Jury till they have obtained it; so that by this means our Lives, Liberties, and Properties shall be solely tryed by, and remain at the Arbitrary dispose of every mercenary or corrupted
Justice
, Major, Bailiff, or Recorder, if any such should at any time get into
Office
.
6. 'Tis unreasonable that a Jury should be Finable on pretence of their going
against their Evidence
, because it can never be
Tryed
whether or no in truth they did find with or against their Evidence, by reason no
Writ of Error
lies in the Case.
7. Were Jury-men liable to such Arbitrary Fines, they should be in a
worse condition
than the Criminals that are tryed by them; for in all Civil Actions, Informations, and Indictments, some Appeals, or Writs of false Judgment, or of Error, do lie into
Superior Courts
to try the regular Proceedings of the Inferior. But there can be no After-Tryal or Examination, but the Jury-man (if Fining at all were
lawful
) must either pay the Fine, or lie by it,
without remedy
, to decide whether in his particular Case he were legally Fined or not.
8. Without a Fact agreed, it is as impossible for a Judge or any other to
know the Law
, relating to that Fact, or
direct
concerning it, as to know an Accident that hath no Subject; for as where there is
no Law, there is no Transgression
, so where there is
no Transgression, there is no place for Law
; for
the Law
(saith Divine Authority)
is made for the Transgressor
. And as
Cook
tells us,
Ex facto Jus oritur
, upon stating the Fact or Transgression matter of Law doth arise, or grow out of the Root of the Fact. Now the Jury being the
sole Judges of Fact, and Matter in Issue
before them, not finding the Fact on which the Law should arise, cannot be said to find
against Law
, which is no other than a Superstructure on Fact; so that so say they have found against the Law, when
no Fact
is found, is absurd; an expression insignificant and unintelligible; for no
Issue
can be joyned of matter in Law, no
Jury
can be
Charged
with the Tryal of matter in Law barely, no
Evidence
ever was, or can be given to a Jury of what is Law, or not. Nor can any such Oath be given to, or taken by a Jury to try matter in Law, nor does an Attaint for such Oath, if false,
&c.
But if
by finding against the Direction of the Court in matter of Law
, shall be understood, that if the Judge having heard the Evidence given in Court, (for he can regularly know no other, though the Jury may) shall tell the Jury upon this Evidence,
the Law is for the Plaintiff, or the Defendant
, and the Jury are under
pain
of Fine and Imprisonment to
Find
accordingly; then 'tis plain the Jury ought
of Duty
so to do. Now if this were
true
, who sees not that the Iury is but a troublesome
Delay
, of great
Charge
, much
Formality
, and no real
use
, in determining right and wrong, but meer
Ecchos
to sound back the pleasure of the Court; and consequently that Tryals by them might be better
abolish'd
than continued? which is at once to spit Folly in the Faces of our Venerable Ancestors, and enslave our Posterity.
9. As the Iudge can
never direct what the Law is
in any Matter Controverted, without
first knowing the Fact
, so he cannot possibly know the Fact but from the
Evidence
which the Iury have; but he can never
fully
know what Evidence they have, for besides what is sworn in Court, (which is all that the Judge can know) the Jury being of the
Neighbourhood
, may, and oft-times
do know
something of their own knowledge, as to the Matter it self, the Credit of the Evidence,
&
c which may justly
sway
them in delivering their Verdict, and which self knowledge of theirs is so far
countenanced
by Law, that it supposes them capable thereby to
try
the Matter in Issue, (and so they must) though
no Evidence
were given on either side in Court. As when any Man is Indicted, and no Evidence comes against him, the Direction of the Court always is,
You are to acquit him, unless of your own knowledge you know him Guilty
; so that even in that Case they may find him Guilty without any Witnesses. Now, how absurd is it to think, that any Iudge has power to
Fine
a Iury for going against their Evidence, when he that so Fineth knoweth perhaps nothing of their
Evidence
at all, (as in the last Case) or at least but some
part
of it? For how is it possible he should lawfully punish them for that which it is impossible for him to know.
Lastly, Is any thing more common, than for two Lawyers or Iudges to deduce
contrary
and opposite Conclusions out of the
same Case
in Law? And why then may not two Men infer distinct Conclusions from the same
Testimony
? And consequently may not the
Judge
and
Jury
honestly differ in their Opinion or Result from the Evidence, as well as two Iudges may, which often happens; and shall the
Jury-men
meerly for this difference of Apprehension merit Fine and Imprisonment, because they do that which they cannot otherwise do, preserving their
Oath
and
Integrity
? especially when by Law they are presum'd to know
better
and much
more
of the Business, than the Judge does as aforesaid.
Are not all these gross contradicting Absurdities? and unworthy (by any Man that deserves
a Gown
) to be put upon the
Law of England
, which has ever own'd
Right Reason
for its Parent, and dutifully submitted to be
guided
thereby?
If the
Law
, as you say, be
Reason
, then undoubtedly this Practice of
Fining of Juries
is most
Illegal
, since there cannot be any thing more
unreasonable
; But what
Authorities
have you against it?
You have heard it proved to be a
Modern
up-start encroachment, so you cannot expect any direct or express Condemnation of it in Ancient Times, because the thing was not then
set on Foot
. And by the way, though
Negative Arguments
are not necessarily conclusive, yet that we meet with no
Precedents
of old of Iuries Fined, for giving their Verdict contrary to Evidence, or the Sense of the Court, is a violent presumption, that it ought not to be done; for it cannot be supposed, that this latter Age did
first of all discover
, that Verdicts were many times not according to the Iudges Opinion and
Liking
. Undoubtedly they saw
that
as well as we; but knowing the same not to be any Crime, or
punishable
by Law, were so
Modest
and
Honest
as not to meddle with it. However, what entertainment it hath met with when attempted in
our Times
, I shall shew you in two remarkable Cases.
1. When the late Lord Chief Iustice
Keeling
had attempted something of that kind, it was complained of, and highly resented by the then
Parliament
; as appears by this Copy of their
Proceedings
thereupon taken out of their
Journal
, as follows.
Die Mercurii 11. Decembris
1667.
The House resumed the Hearing of the rest of the Report touching the matter of
Restraint upon Juries
, and
that
upon the Examination of divers Witnesses in several Cases of Restraints put upon Iuries by the Lord Chief Iustice
Keeling
, and thereupon Resolved as followeth.
First, That the Proceedings of the said Lord Chief Iustice in the Cases now Reported are
Innovations
in the Tryal of Men for their Lives and Liberties. And that he hath used an
Arbitrary
and
Illegal
Power, which is of
dangerous
Consequence to the Lives and Liberties of the People of
England
, and tends to the introducing of an
Arbitrary
Government.
Secondly, That in the Place of Iudicature the Lord Chief Iustice hath undervalued, vilified, & contemned
Magna Charta
, the great
Preserver
of our Lives, Freedom, and Property.
Thirdly, That he be brought to
Tryal
in order to condign
Punishment
, in such manner as the House shall judge most fit and requisite.
Die Veneris 13. Decembris
1667.
Resolved,
&c.
That the Precedents and Practice of
Fining
or
Imprisoning
of Iurors for giving their Verdicts, is
Illegal.
Here you see it
Branded
in
Parliament
: Next you shall see it formally condemn'd on a solemn Argument by the
Judges
. The Case thus.
The Sum of the Case of
Bushel
, and the rest of Mr.
Pen
and Mr.
Meads
Jury.
At the Sessions for
London Sept. 1670. William Pen
, and
William Mead
(two of the People commonly called
Quakers
) were Indicted, for that they with others, to the number of 300, on the 14
th Aug. 22. Regis
, in
Gray-Church-Street
, did with Force and Arms,
&
c. unlawfully and tumultuously assemble and congregate themselves together to the disturbance of the Peace; and that the said
William Pen
did there Preach and speak to the said
Mead
and other Persons in the open Street; by reason whereof a great Concourse and
Tumult
of People in the Street aforesaid then and there a long time did remain and continue, in contempt of our said Lord the King, and of His Law, to the great
disturbance
of his Peace, to the great
Terror
and disturbance of many of His Liege People and Subjects, to the ill example of all others in the like Case Offenders, and against the Peace of our said Lord the King, His Crown and Dignity.
The Prisoners Pleading
Not Guilty
, it was proved, that there
was a Meeting
at the time in the Indictment mentioned, in
Gray-Church-Street
, consisting of three or four hundred People, in the open Street, that
William Pen
was
Speaking or Preaching
to them, but
what
he said the Witnesses (who were Officers and Soldiers sent to disperse them) could not
hear
.
Note, that the Quakers have a Meetinghouse in that Street, out of which they were then kept by Soldiers, and therefore they met as near to it as they could in the open Street.
This was the effect of the Evidence; which Sir
John Howel
, the then Recorder, (as I find in the
Print
of that Tryal
P.
14) was pleased to sum up to the Iury, in these words.
"You have heard what the Indictment is, 'tis for Preaching to the People in the Street, and drawing a Tumultuous Company after them, and Mr.
Pen
was speaking; if they should not be disturb'd, you see they will go on, there are three or four Witnesses that have proved this, that he did Preach there, that Mr.
Mead
did allow of it. After this you have heard by substantial Witnesses what is said against them;
Now we are upon the Matter of Fact, which you are to keep to, and observe, as what hath been fully sworn, at your peril
.
This Tryal begun on the
Saturday
; the Jury retiring, after some considerable time spent in debate, came in, and gave this Verdict,
Guilty of Speaking in Gray-Church-Street.
At which the Court was offended, and told them,
they had as good say nothing
; Adding,
Was it not an unlawful Assembly? you mean he was speaking to a Tumult of People there
. But the Foreman saying, what he had delivered was
all
he had in Commission, and others of them affirming, That they allowed of no such word as an
unlawful Assembly
in their Verdict, They were sent back again, and then brought in a Verdict in writing, subscribed with all their Hands, in these words.
We the Jurors hereafter named do find
William Pen
to be Guilty of Speaking or Preaching to an Assembly met together in
Gray-Church street
the
14th
of Aug.
1670.
And
William Mead
not Guilty of the said Indictment.
Note, though this Jury for their excellent example of courage and constancy deserve the commendation of every good
English
-man, yet if they had been better advis'd, they might have brought the Prisoners in
Not Guilty at first
, saved themselves the trouble and inconveniences of these two Nights Restraint.
This the Court resented still worse, and therefore sent them back again, and Adjourned till
Sunday morning
, but then too they insisted on the same Verdict, so the Court Adjourned till
Monday morning
; and then the Jury brought in the Prisoners generally
Not Guilty
, which was Recorded, and allowed of. But immediately the Court fined them
Forty Mark
a Man, and to lie in Prison till paid.
Being thus in
Custody, Edw. Bushel
, one of the said Iurors, on the 9
th
of
Nov.
following brought his
Habeas Corpus
in the Court of
Common-Pleas
. On which the Sheriffs of
London
made Retorn,
That he was detained by vertue of an Order of Sessions, whereby a Fine of forty Marks was set upon him and eleven others particularly named, and every of them being Iurors sworn to try the Issues joyned between the King, and
Pen
, and
Mead
, for certain Trespasses, Contempts, unlawful Assemblies and Tumults, and who then and there did acquit the said
Pen
and
Mead
of the same, against the Law of this Kingdom, and against full and manifest Evidence, and against the direction of the Court in matter
of Law
and upon the Premises openly in Court to them given and declared; and that it was ordered they should be imprisoned till they severally paid the said Fine, which the said
Bushel
not having done, the same was the cause of his Caption and Detention.
See
Bushels
Case in Vaughans Reports at large.
The Court coming to debate the
validity
of this
Retorn
, adjudged them same
insufficient
; for 1. The Words,
Against full and manifest Evidence
, was too general a Cause; the Evidence should have been
fully
and particularly recited, else how shall the Court know it was
so full and evident
; they have now only the Iudgment of the
Sessions
for it, that it was so; but, said the Iudges,
Our Judgment ought to be Grounded upon our own Inferences and Understandings, and not upon theirs
.
2. It is not said, that they acquitted the Persons Indicted against full and manifest Evidence,
corruptly and knowing the said Evidence to be full and manifest
, for otherwise it can be no
Crime
; for that may seem
full
and
manifest
to the Court, which does not appear so to the Iury.
3. The other part of the Return,
viz.
That the Iury had acquitted those Indicted,
against the direction of the Court in matter of Law
, was also adjudged to be
naught
, and unreasonable, and the
Fining of the Juries for giving their Verdict in any Case
concluded to be illegal, for the several Reasons before
recited
, and other Authorities of Law urged to that purpose; and all the Precedents and Allegations brought to justify the
Fine and Commitment
solidly
answered
; whereupon the Chief Iustice
delivered the Opinion of the Court
, That the
Cause
of Commitment was
insufficient
; and accordingly the said
Bushel
, and other his Fellow-prisoners, were
discharged
, and left to the Common Law for
Remedy and Reparaton of the Damages
by that tortious
illegal
Imprisonment sustained.
Which Case is (amongst others) Reported by that Learned Iudge Sir
John Vaughan
, at that time Lord Chief Iustice of the
Common-Pleas
, setting forth all the Arguments, Reasons, & Authorities on which the Court proceeded therein; from which I have extracted most of the
Reasons
which before I recited for this Point, & for the greatest part in the
very words
of that Reverend Author.
This
Resolution
hath, one would think (as you said)
knock'd this
Illegal Practice on the Head, beyond any possibility of
Revival
, but may it not one day be
denied
to be Law, and the contrary
justified
?
No such thing can be done without apparent
violating
and subverting all
Law, Justice
and
Modesty
; for though the
Precedent
it self be valuable, and without further inquiry is wont to be allowed, when given thus
deliberately
upon solemn debate by the whole Court; yet 'tis not only
that
, but the sound substantial and everlasting
Reasons
, whereon they grounded such their Resolves, that will at all times
Justify
Fining of Iuries in such Cases to be
Illegal
; besides, as the
Reporter
was most considerable, both in his
Quality
as Lord
Chief Justice
, and for his Parts, soundness of Iudgment, and deep Learning in the
Law
; so such his Book of Reports is
approved
and recommended to the World, (as appears by the Page next after the Epistle) by the Right Honourable the present Lord Chancellor of
England
, Sir
William Scroggs
, now Lord Chief Iustice of
England
, my Lord
North
, Chief Iustice of the
Common-Pleas
; and in a word, by all the Iudges of
England
at the time of Publishing thereof; so that it cannot be imagined how any Book can challenge greater Authority, unless we should expect it to be particularly confirm'd by Act of Parliament.
You have answered all my
Scruples
, and since I see the Law has made so good
Provision
for Jury-mens priviledges and safety, God forbid any Jury-man should be of so
base
a temper, as to betray that (otherwise) impregnable
Fortress
wherein the Law hath plac'd him, to preserve and defend the just Rights and Liberties of his Country, by treacherously surrendering the same into the hands of
Violence
or
Oppression
, though maskt under never so fair Stratagems and Pretences; for my own part, I shall not now decline to appear according to my Summons, and therefore (though I fear I have detained you
too long
already) shall desire a little more of your direction about the
Office
of a Jury-man, in particular that I may uprightly and
honestly
discharge the same.
Though I think from what we have discours'd being
digested
and improv'd by your own Reason, you may sufficiently Inform your self, yet to gratifie your request, I shall add a few brief
Remarques
, as well of what you ought cautiously to
avoid
, as what you must diligently
pursue
and regard if you would justly and truly do your duty.
First
, as to what you must avoid.
1. I am very Confident, that you would not willingly violate
the Oath
which you take, but 'tis possible that
there are such
who as frequently
break
them, as
take
them, through their
careless custome
on the one hand, or
slavish fear
on the other, against which I would fully caution you; that you may
defend
your self and others, against any Enemies of your Countreys Liberties and happiness, and keep a good Conscience towards God and towards man.
2, 'Tis frequent, that when Juries are withdrawn that they may consult of their
Verdict
, they soon forget that Solemn Oath they took, and that
mighty Charge
of the Life and Liberty of men, and their Estates, whereof then they are made
Judges
, and on
their Breath
not only the
Fortunes
of the particular Party, but perhaps the preservation or
Ruin
of several Numerous Families does Solely depend, now I say without due Consideration of all this, nay sometimes without
one serious thought
, or Consulted Reason offered
Pro
, or
Con
, presently the
Fore man
or one or two that call themselves
Antient
Jury-men (though in truth they never
knew
what belongs to the place more than a common
School-Boy
) rashly deliver their
Opinions
and
all the rest
in respect to their supposed
Gravity
and
Experience
, or because they have the biggest
Estates
, or to avoid the trouble of
disputing
the Point, or to prevent the spoiling of
Dinner
by delay, or some such
weighty
Reason, forthwith agree
blind fold
, or else go to holding up of hands or telling of
Noses
, and so the
Major Vote
carries away
Captive
both the
Reason
and
Consciences
of the rest. Thus trifling with
Sacred Oaths
, and putting mens Lives, Liberties and Properties (as it were) to the hap-hazard of
Cross
or
Pile
; This Practise or something of the like kind, is said to be
too Customary
amongst some Jurors, which occasions such their extraordinary
dispatch
of the weightiest or most Intricate matters, but there will come a time when they shall be called to a severe Account for their
Hast
and
Negligence
, therefore have a care of such
Fellow-Jurors
.
3. Such a
Slavish Fear
attends many Jurors, that let the Court but direct to find
Guilty
, or
not Guilty
, though they themselves see no just Reason for it, yea oft-times though their own Opinions are contrary, and their Consciences tell them it ought to go
otherwise
; yet, right or wrong accordingly they will bring in their Verdict; and therefore many of them never regard seriously the
course
and force of the Evidence, what and how it was delivered more or less to prove the Indictment,
&c.
But
as the Court Sums it up
, they find; as if Juries were appointed for no other purpose but to
Eccho
back, what the Bench would have done; such a base temper is to be avoided, as you would escape being
Forsworn
, even though your Verdict should be right; for since you do not know it so to be by your own Judgment or Understanding, you have
abused your Oath
and hazarded your own
Soul
as well as your Neighbours
Life
Liberty or Property, because you
blindly
depend on the opinion or perhaps
passion
of others, when you were Sworn well and truly to try them
your selves
. Such an
implicite Faith
is near of Kin to that of
Rome
in Religion, and (at least in the next degree) as
dangerous
.
4. There are some that make
a Trade
of being Jury-men that
seek
for the Office, use means to be constantly
continued
in it, will not give
a disobliging
Verdict lest they should be
discharg'd
and serve no more, these
standing Jurors
have certainly some ill game to play, there are others that hope to
Signalize
themselves to get a better Trade, or some
Preferment
by
serving a Turn
; there are others that have particular
Piques
and a humor of Revenge against such or such
Parties
, if a man be but
miscall'd
by some Odious name, or said to be of an exploded Faction streight they cry
hang him, Find him Guilty
, no punishment can be too bad for such
a Fellow
, in such a case they think it merit to
Stretch
an Evidence on the tenter-hooks, and
strain
a Point of Law because they fancy it makes for the Interest of the Government. As if
Injustice
or
Oppression
could in any case be for the true Interest of Government when in truth nothing more
weakens
or
destroys
it, but this was an
old stratagem
, if thou
suffer this man to escape, thou shalt not be Cæsars Friend
. When Cæsar was so far from either
needing
or
thanking
them for any such base Services, that had he but truly understood them, he would severely have punisht their
Partiality
and Tyranny.
All these and the like
pestilent Biases
are to be avoided and abominated by every honest Jury-man.
But now as to the positive Qualifications requisite.
1. You that are Jury-men should first of all seriously regard the weight and importance of the Office; your own Souls other mens Lives, Liberties, Estates, all that in this World are dear to them, are at Stake, and in your hands; therefore consider things well before-hand, and come substantially furnished and provided with sound and well-grounded Consciences, with clear minds, free from malice, fear, hope, or favour; lest instead of
Judging
others, thou shouldest work thy own Condemnation, and stand in the sight of God our Creator and Judge of all men, no better than a
Murtherer
, or
Perjured
Malefactor.
2. Observe well the Record, Indictment or Information that is read, and the several parts thereof, both as to the matter, manner, and form.
3. Take due notice and regard to the Evidence offered for Proof of the Indictment, and each part of it, as well to manner and form as matter; and if you suspect any Subornation, foul Practise, or tampering hath been with the witnesses, or that they have any malice or sinister design, have a special regard to the Circumstances or Incoherencies of their Tales, and endeavour by apt Questions to sift out the truth, or discover the Villainy. And for your better satisfaction endeavour to write down the evidence or the Heads thereof that you may the better Recall it to memory.
4. Take notice of the nature of the Crime charged, and what Law the Prosecution is grounded upon, and distinguish the supposed Criminal Fact which is proved, from the aggravating Circumstances which are not proved.
5. Remember that in Juries there is no Plurality of Voices to be allowed; 7 cannot over-rule or by vertue of Majority Conclude 5. no, nor 11, 1. But as the Verdict is given in the name of all the 12, or else it is void: So every one of them must be actually agreeing, and satisfied in his particular Understanding and Conscience, of the truth and Righteousness of such Verdict, or else he is forsworn; and therefore if one man differ in Opinion from his fellows, they must be kept together, till either they by strength of Reason or Argument can satisfy him, or he convince them. For he is not to be Hecktor'd, much less punisht by the Court into a Compliance; for as the L. Ch. Justice
Vaughan
says well,
if a man differ in Judgment from his Fellows whereby they are kept a day and a night, though his dissent may not in truth be as reasonable as the Opinion of the rest that agree, yet if his Judgment be not satisfied, one disagreeing can be no more Criminal than four or five disagreeing with the rest.
Rep. fol.
151.
Upon which occasion the said Author recites a remarkable Case out of an antient Law-Book
41
Iss. p.
11.
a Juror would not agree with his fellows for two days, and being demanded by the Judges, if he would agree, said, he would first die in Prison, whereupon he was Committed and the Verdict of the eleven taken, but upon better Advice, the Verdict of the eleven was Quasht, and the Juror discharged without Fine, and the Justices said the way was to carry them in Carts
(this is to be understood at Assizes where the Judges cannot stay but must remove in such a time into another County)
until they agreed, and
not by Fining them
.
And as the Judges err'd in taking the verdict of Eleven, so they did in Imprisoning the Twelve.
And therefore you see on second thoughts Releas'd him.
6, Endeavour as much as your Circumstances will permit at your spare Hours to Read and Understand the Fundamental Laws of the Country; such as
Magna Charta
, the Petition of Right, the late excellent Act for
Habeas Corpus's, Horns Mirrour of Justices
, Sir
Edw. Cook
in his 2
d
3
d
and 4
th
parts of the Institutes of the Law of
England
, and Judge
Vaughans
Reports, these are Books frequent to be had, and of excellent use to inform any Reader of Competent Apprehension, of the true Liberties and Priviledges which every
English
man is Justly Intituled unto, and Estated in by his Birth-right, as also the nature of Crimes and the punishments severally and respectively Inflicted on them by Law, the Office and duties of Judges, Juries, and all Officers and Ministers of Justice,
&c.
Which are highly necessary for every Jury-man in some Competent measure to know, for the Law of
England
hath not placed Tryals by Juries to stand between men and Death or Destruction to so little purpose as to Pronounce men
Guilty
, without regard to the nature of the Offence, or to what is to be Inflicted thereupon.
For want of truly understanding and considering these things, Juries many times plunge themselves into lamentable perplexities; as it befel the Jury who were the Tryers of Mr.
Udal
a Minister, who in the 32
d
year of Q.
Eliz.
was Indicted and Arraigned at
Croydon
in
Surry
, for HighTreason, for defaming the Queen and Her Government in a certain Book Intituled,
A Demonstration of the Discipline
, &c. And though there was no Direct, but a scambling Shadow of Proof, and though the Book duly considered contained no matter of Treason, but certain words which by a forced construction were laid to tend to the defamation of the Government, and so the thing prosecuted under that Name; yet the Jury not thinking that in pronouncing him Guilty, they had upon their Oath pronounced him Guilty of Treason, and to die as a Traitor; but supposing that they had only declared him
Guilty
of making the Book, hereupon they brought him in
Guilty
, but when after the Judges Sentence of Death against him (which they never in the least intended) they found what they had done, they were confounded in themselves, and would have done any thing in the world to have Revok'd that unwary pernicious Verdict, when, alas! it was too late. Dr.
Fuller
has this witty note on this witty Gentlemans Conviction, that is was Conceived
rigorous
in the
greatest
, which at best (saith he) is
Cruel
in the
least
Degree. And it seems so Queen
Elizabeth
thought it, for she suspended Execution, and he dyed naturally. But his Story survives to warn all Succeeding Jury-men to endeavour better to understand what it is they do, and what the Consequences thereof will be.
7. As there is nothing I have said intended to encourage you to partiality, or tempt any Jury-man to a Connivance at Sin and Malefactors, whereby those Pests of Society should avoid being brought to condign punishment, and so the Law cease to be a terror to evil-doers; which were in him an horrible Perjury, and indeed a foolish Pitty, or
Crudelis misericordia
, a Cruel Mercy; for he is highly injurious to the Good that absolves the Bad, when real Crimes are proved against them; so that I must take leave to say, That in Cases where the matter is dubious, both Lawyers and Divines prescribe rather favour than rigour; an eminent and learned Judge
Fortescue, ca.
27.
of our own has in this Advice and Wish gone before me,
Mallem reverà viginti Facinorosos mortem pietate evadere, quam justum unum injuste condemnari.
I verily
(saith he)
had rather twenty evil-doers should escape death through Tenderness or Pitty, than that one Innocent Man should be unjustly condemned
.
I shall conclude with that excellent Advice of my Lord
Cook
,
In the Epilogue of his 4
th
Part of
Institutes
.
which he generally addresses to all Judges, but may no less properly be applyed to Jurors.
Fear not to do Right to all, and to deliver your [Verdicts] justly according to the Laws; for Fear is nothing but a betraying of the Succours that Reason should afford; and if you shall sincerely execute Justice, be assured of three Things.
1. Though some may malign you, yet God will give you his Blessing.
2. That though thereby you may offend Great Men and Favourites, yet you shall have the favourable Kindness of the Almighty, and be his Favourites.
And lastly, That in so doing, against all scandalous Complaints and pragmatical Devices against you, God will defend you as with a Shield.
For thou Lord wilt give a Blessing unto the Righteous, and with thy favourable Kindness wilt thou defend him as with a Shield.
Psal.
5.15.
FINIS.
A TREATISE, SHEWING How Usefull, Safe, Reasonable and Beneficial, the
Inrolling & Registring
Of all Conveyances of Lands, may be to the Inhabitants of this KINGDOM.
By a Person of Great Learning and Judgment
.
LONDON
, Printed for
Mat. Wotton
, at the
Three Daggers
near the
Inner-Temple-Gate
in
Fleetstreet
, 1694.
A TREATISE Concerning
Inrollment
of
DEEDS
.
IN the Business in Agitation touching Inrolling of Deeds, These things considerable.
1.
The Mischief propounded, to be remedied.
2.
The Remedy to be applyed.
The Mischiefs at present to be remedied are,
1.
The great Deceit committed by Persons by secret Judgments, Mortgages, Conveyances, and Settlements; whereby Purchasers are oftentimes deceived, and Creditors defeated. And this the more considerable in
England
, because indeed the great InlandTrade we have, is the Trade of Buying and Selling of Lands, and the great Security that is ordinarily given to Creditors and Lenders of Money is by Security of Land.
2.
The Multitude of chargeable and difficult Suits in Law, occasioned by Preconveyances, secret Mortgages and other Incumbrances, which proba bly would be avoided and lessened, if all Mens Estates lay open to the View of others.
The Remedy propounded is, by an Office of Inrollment, or Registry of Conveyances.
In this, as in all other Applications of Remedies to any Mischiefs, these things must be considered.
1.
How and by what means the Remedy may be commensurate to the Mischief?
2.
Whether the Remedy or the Application thereof in such manner as it may be commensurate to the Mischief, be feasible or not?
3.
Admit it be, Then what Inconveniencies may otherwise be introduced by the Application of the Remedy.
1.
If the Inconveniencies introduced by it be greater than the Benefit it gives, the Remedy is to be rejected.
2.
If the Inconveniencies thereby occasioned be over-weighed by the Benefit, Then it may be Entertained.
But with due Consideration or Provision that those Inconveniencies introduced by the Remedy, may with as much Prudence as may be, be obviated, prevented, removed, or very much allayed by suitable Provisions against them.
The first of these Considerations, namely the Application of the Remedy in a due Commensurateness, to the Mischief, must needs be by taking Care that there be no Room or Inlet for any such Deceit by secret Conveyances or Incumbrances of Estates:
For if any one Leak be left unstopt, the Vessel will sink as well as if more were open
. And if any one Device be left unprovided for, thither will fraudulent Persons betake themselves, and get out of the Remedy intended.
Therefore,
1.
All Judgments, Statutes, and Recognizances, must lye open to view, either by Inrolling or Registring them, because those charge Lands.
Trusts.
2.
All Trusts touching Estates must be Inrolled or Registred, for now by the Power of Courts of Equity, these do charge Lands, and sometimes in the hands of the Fourth or Fifth Purchasor, if there be proof of notice.
3.
All Mortgages, as well forfeited as not forfeited, Defeazances in Nature of Mortgages, must be Inrolled.
4.
All Powers of Revocation and limitting of new Uses, Powers of Letting or Charging Estates, must be Registred or Inrolled; for these may alter the Title of Lands, and are sometimes contained in distinct Deeds, from the Deed whereby the Estate is setled.
5.
All Declarations of Uses and Trusts upon Fines, Recoveries, and other Assurances.
6.
All Grants of Rents, Commons, Profits, all Conditions and Reservations of Rents.
7.
All Leases, for Years or Lives, made by any Person either with Rent, or without it.
8.
In brief, All Feoffments, Grants, Releases, Confirmations, Wills, Forfeitures, Escheats, Commons, or whatsoever other Estate or Interest in them.
For if any of these be not Inrolled or Registred, or some way rendred open to the view of every Person, a Man may be cheated or deceived. And what is odds, whether a Man be deceived by a secret Mortgage or Judgment? or by a secret Lease for Lives or Years, or by a secret Settlement, or Devise or Will? And all these must be secret to him that hath no ready means to discover them: The Remedy whereof is designed in this publick Registry.
And yet further, If the Remedy be intended as large as the Disease, this Registry must not only look forward, but it must look backward, (
viz.
) That all Estates and Incumbrances now in Being, as well as those that shall be hereafter, must be laid open to the View, otherewise the Provision is not commensurate, there being in all probability a Stock of latent Incumbrances and Charges upon Lands, which may serve at least to deceive and cheat this present Age, and the next also. Therefore unless there be some Notification of present Incumbrances as well as future, we but lay up a Security, that it may be of use an Hundred Years hence, and leave the present and intervening Ages in as bad, if not worse Condition, than we find them.
Therefore a Remedy commensurate to the Mischief must needs provide for the Registring all E states and Interests, and Charges of Lands, and that as well for the time past, as time to come; otherwise the Plaister is too narrow for the Sore.
2. The second Consideration is, Whether this be possible to be done? Indeed it is a fine thing in the Theory and Speculation, and a Man that fixeth his Thoughts upon the good that might come by such an Expedient, without troubling himself with the Difficulties that lie in the way to it, may drive it on very earnestly; but he that shall consider the Difficulty of it, will easily see that it is but a Notion and Speculation, and cannot be effected or reduced into practice, at least not without immense Confusion.
The Difficulties that attend this Design, are either such as relate to the Inrolling of Estates now in Being; or secondly, The Inrolling of Estates hereafter to made or granted; or Thirdly, Such Difficulties as relate to both.
Liberty. Penalty.
1. The Difficulties that attend the Inrolling of Estates now in Being, or past, these seem insuperable. In order to the discovery hereof, we must suppose, that either every Man shall be at Liberty to Inroll or Register his Estate, or it must be under his Penalty, that if he fail herein, he must lose his Estate. If we suppose the former, then every Man is still at Liberty, as he was before, and nothing is effected by it.
If the Latter, (
viz
) That he shall lose if he do not Inroll the Estate he hath, or which is all one, it shall be in the power of him that Inrolls a Subse quent Title to make the former, not Inrolled, void; Then either that Inrollment or Registry must be barely of his Claim, or some Abstract of his Title; or he must Inroll the Tenor of the Deed, or Evidence by which he Claims.
If we shall suppose the former, then these things will be Considerable.
Mistakes.
First
, What if he doth in some things mistake his Claim? It may be, he thinks he has an Estate in Fee-Simple, when it is but in Tail, It may be an Estate Absolute, when it is Conditional;
Abstracts.
Certainly he that Claims by an Abstract, had need of a very good Counsel at his Elbow, to give him sound and uncontroulable Advice, in drawing it up; otherwise he that hath a good Title may lose it for want of a right Abstract of his Title by which he Claims. Surely therefore every Man that hath a good Title, and can possibly come by the Deed or Evidence by which he Claims it, will Inroll his Deed at large, for fear he should omit any thing essential to his Title.
Deed at large.
Secondly
, Or else it is intended, that though he mistake his Title, yet if he enter as much as he thinks fit, it shall be sufficient to preserve his Estate. And if this be intended, the whole design of Registring and Inrolling will End in a publick Deceit and Insecurity, when perchance in the Event, the Estate or Interest Claimed, doth materially and substantially vary from what is Registred.
Claims entred.
Thirdly
, Again, if such an uncertain Claim shall be allowed, not made good by Deeds or Evidences, this Office will breed more Disturbance in many Estates, than any imaginable Deceits or Frauds besides can equal:
Suits increased.
For any Man shall at a venture make what Claims, and set up what Pretences he pleases to any Mans Estate in
England
, and shall be admitted to Enrol them in the Registry, and the Person injured shall be either remediless, or driven to more Suits and Expences, to vindicate his Title, than now he is necessitated unto, to discover a Fraud in a Seller.
It remains therefore necessary, that whosoever will Inrole any thing in being, he must produce some Authentick Deed, or other Record, to warrant what he would have Inrolled, and then there must be Inrolled at least so much of the Deed, or Evidence that concerns,
First
, The Parties, Grantor and Grantee.
Secondly
, The things Granted.
Thirdly
, The Estate Granted.
Fourthly
, All those parts of the Deed, or Evidence, that have any Influence upon the Estate: as Rent reserved, Conditions, Powers of Revocation, of Alteration, of Leasing, the Trust,
&c.
and those other things that have an Influence upon the Estate;
and without all this done and truly done, the Purchaser or Lender, is as much in the Dark as before, and Cheated under the Credit of a Publick Office Erected to prevent it.
This being the State of the Business in relation to Inrolling of things past; there follows next, those Difficulties that render the Design either Impossible or Fruitless.
1. Many Persons that have Titles, have them by Livery without Deed, or cannot bring the Deed to the Office to be Registred, or Inrolled, because the Deed it self is not, nor by Law cannot be in their Custody, at least
de facto
is not in their Custody:
Remainders.
Wills.
as they that Claim Remainders where the Custody of the Deed belongs to others, those that Claim by Wills, either concealed, or in the Hands of Executors, and many have lost their Deeds in the late Troubles, and to compel Possessors, especially Purchasors of Lands, to discover the Deeds, which possibly they have for the Security of their Title, or to discover the defects of their own Assurances to make others Mens Title appear; and this under a Penalty or Action were an unreasonable thing, and would create a general insecurity of Purchasors.
Purchasors.
If (44
Eliz.) A.
Conveyed his Land to B. and 12.
Ja.
1. B. Conveyed it to C. and 3.
Car.
1. C. conveyed it to D. and 20.
Ca.
2. D. Conveyed it to E. must all these Conveyances be Inrolled or only the last?
Mean Conveyances.
If all must be Inrolled, then if any one Mans Conveyance be omitted, suppose it from
A.
to B. then the omission of the Inrollment thereof, will give a Title to
A.
or his Heir, to make a Claim to this Land, if only that from the last Seller, then is the Purchaser in the Dark still, what Estates were in the antecedent Owners, and how Derived, and so the Design ineffectual to the end proposed.
3. If all the mean Conyeyances of Mens Estate, should be Inrolled,
Westminster-Hall
would not hold the Inrollments, and the Charge thereof would be above two Millions of Money; nay, if we should suppose the present Estates of the present Owners of Lands in any considerable County, were to be Inrolled, the Charge would be intollerable, and the Bulk it self would be utterly useless: Suppose in
London
, 20000. Houses, and each House to have but two Titles, that is, that of the Owners of the Inheritance, and that of the present Lessee, (tho' some have many more concurrent and coincident Titles to recompence those that may have possibly less) this would bring to the Inrollment Office 40000. Deeds, the Inrollment of every Deed at least 10s. would produce 20000 Pound and about 200. Volumes of Velum Books, which would take up the Imployment of many Clerks, and when the work was done, the Volumes too vast and numerous to be made use of; and what would be done then with the many Leases of Western Mannors, which yet have many under Titles derived under them?
4. But how shall these Deeds come to be Inrolled? he that made them perchance is Dead, or at lest will not come to acknowledge it, and if every Man that brings a Deed should have it Inrolled without acknowledging it by him that made it, any forged Deed may be Inrolled, and Men in a little while, may lose their Estates, by the Countenance that a forged Deed shall receive, by being Inrolled among the publick Records of the Office; for the Officer can never examine the Truth or Reality of the Deed, or if he could, it would not be reasonable that Mens Estates should depend upon the Judgment of any Ignorant Clerk, or Officer.
2.
As for the Inrollment of all Conveyances and Deeds for the time to come, this labours under great Difficulties also, though not so many and so great as the Inrollment of things past;
Acknowledgment.
because here the Persons that make the Deed may possibly come to acknowledge them before some Persons publickly intrusted, as two Justices of the Peace, or the Master of the Office; yet this has also great Difficulties.
1.
Many Mens Estates are by Will, where the Proprietors of the Estates have not the Custody of the Will to produce.
Wills.
2.
How shall the Officer before whom the Will is produced, if it be produced, know whether the Will be true or forced, or revoked? since the Devisor is now Dead, that made it; and surely it can't be intended that every Man that makes his Will of Land shall Inroll it in his Life-time, since he may often change, revoke, and alter it.
Trusts.
3.
Although it is a very great Inconvenience and fit to be remedied by Act of Parliament, that many times in Courts of Equity, Trusts are averred without and contrary to Deed, yet certainly so long as that Usage is allowed, all Trusts of Estates cannot be Inrolled because they be oftentimes in Averment and Proof without Writing, and so do oftentimes the uses of Fines, which as yet have influence into the Estates of most Men, and yet as the Law now stands are averrable without Deed.
See
Act of Fraud and Perjuries
.
4.
The Charge of Inrollment of all Incumbrances and Estates of Land, even for the future will, in the space of few Years, grow vast, and the Registry or Inrollment-Office will grow so Voluminary in seven or eight years in most Countries, that they will become useless and unmanageable to the Ends propounded, as would easily appear upon a
Medium
or Estimate of the Estates,
Conveyances
, Leases, Judgments, and other Incumbrances that grow up in one County, in one Year.
3. These Difficulties that are common both to Inrollment of things past, and to come, are principally these:
Ubi.
1.
The Place where this Registry shall be kept, if in
London
; all Men must come up thither to Inroll their Deeds, which will be intollerable: If in the Countries where the Lands lye, then
London
being the Great Center of Buying and Selling, a Man that deals here at
London
, must be forced to send into
Cornwall
or
Northumberland
, to search the Registry there.
Several Counties.
Again, What shall be done, where one Conveyance comprizeth Lands in several Counties? or where a Man, having Lands in several Countries, Acknowledgeth a Judgment or Statute, shall this be Registred in every County? And if it shall, how shall the Commissioners know all the Counties where his Land lieth? and how shall the Deed in one County be transmitted to another, or must it be acknowledged in every several County, and by the Party there Inrolled?
Judgments.
&c.
2.
Again, How shall Judgments that Charge Lands or Statutes, Merchant, or the Staple, be authentickly Registred in every County? and what Warrant shall be sufficient for it, especially since there be so many Courts of Record in
England
, wherein Judgments given, will charge Lands in other Counties, as in the Courts at
Westminster
, the Courts of Grand-Sessions,
&c.
So that as to Estates and Incumbrances already before this time created, the propounded Register seems utterly impossible and unpractical:
Compulsion.
As to Estates and Incumbrances for the time to come, tho' more practical, yet very difficult, cumbersome and chargeable, and scarce applicable to the End designed, if it be compulsary upon all to do it.
3. As to the Inconveniencies, I shall mention some, and of those, some applicable to both Proposals, both of Registring things past, and to come, tho' far greater in relation to the time past.
1.
Whereas many Men perchance, for many years have quietly enjoyed their Estates, although perchance some little Defects there might be in their Evidences, as for want of some Ceremonies, Circumstances or Words: Now by Inrolling of these Deeds, these Defects will be exposed to the View, Observation and Search, and Discovery of others; whereby busie Projectors will be picking holes in the Titles and Estates of many Men, which are now quiet and at rest.
Suites multiplied.
This will discover the Flaws and Defects of all Mens Assurances, and multiply Suits and Questions.
2.
Whereas it many times moves great Distempers in Families, when Children shall see and know how their Parents dispose of their Estates among them in their Life-time. This Course will force the Father to Enroll all his Settlements, whereby all his Intentions will be discovered in his Life-time, which may breed great Unquietness and Animosity; or otherwise, it will put it in the Power of the Heir if the Deed be not Inrolled, to sell the Land, and so defeat all his younger Brothers and Sisters.
3.
Whereas some are desirous that the Greatness of their Estates may not be known, to expose them to Envy and Detraction; Others are desirous that the Weakness of their Estates may not be known, to expose them to Contempt or Question. This Registring of Men's Estates and Interests, disappoints both, even where there is not occasion for a Purchasor to be concerned, nor any Design of Fraud in either.
Charges and Mischiefs.
4.
It is worth Enquiry, whether the Prospect of this Business is not so much to remedy old Inconveniencies, as to introduce new, by Erection of new Offices and new Officers, Salaries, Fees, which will bring in an excessive Charge upon the People, and is always accompanied with further Exactions; sometimes for Expedition, sometimes for preference of one Man's Inrollment before another, which will certainly be found together with great Delays, especially where the Business of the Office is like to be very great.
Against Compulsion.
Upon the whole matter, I think that the Compulsion of every Man to Inroll or Register his Writings and Evidences of his Land, whether past, or future, under any Penalty, is unpractical, and utterly inconvenient and dangerous to Men's Estates.
And now if it be Objected, That these Difficulties and Inconveniencies be but imaginable, or easily superable by prudent Provisions, and all the Inconveniencies objected, may be in like manner remedied, since we daily see in Copyhold Mannors, and in some great Precincts, as for Instance, in
Taunton
Mannor, all Men's Estates are Inrolled, or so Registred, that it prevents all possible Fraud by Preconveyances, and hath brought great Quiet and Security to Men's Estates, without the least Sence of any of the objected Difficulties or Inconveniencies.
I Answer
.
1.
That the Cases are not alike Inrollments of Copies of Court-Roll, or within a private Mannor serves but a small Precinct, but the thing in proposal intended for a great Kingdom.
2.
There it hath been long since begun, and so hath been carryed down in Succession of Time, and rendered Familiar, and Custom and Usage hath accomodated the Practice: But if it were now to be begun, and take in, especially all former Estates, it would be very difficult to be put in ure, even in a considerable Mannor or Burrough; much more in a great Kingdom.
It is true, That if all Conveyances of Lands were for the time to come Registred, it would in process of time do much good, and prevent many Suits and Frauds, tho' perchance the present Age may not find the Advantage of it.
27.
H.
8.
And certainly, it was the great Design of the Statute of the 27.
H.
8. of Inrollments to have brought up that Method of Assurances, and had it been pursued, it had before this time been brought to great Perfection, and done much of that Good which is now intended by it.
But to make the Design at this day Practical and Useful, these things must be observed.
1.
In reference to Deeds of all sorts.
2.
In reference to Wills.
3.
In reference to Judgments, Statutes and Recognizances.
1. Therefore in relation to Deeds, these things are necessary to make the Design Practical and Useful.
Act of Frauds.
1.
That it be Enacted that no Estate pass from Man to Man (by Act executed in Lifetime, other than by last Will) for above Years, without Deed
2.
That no Use or Trust of any Estate be raised, but by Deed expressing the same.
Words to mean more.
3.
That to prevent the extream length of Covenants in Deeds, there be thought of certain Words that may carry in them the Strength of Covenants or Warranty's; As for Instance, [
Dedi
, or
Give
,] to include a Warranty and Covenant against all Men, and also for further Assurance, [
Grant
] to include a Warranty and Covenant against the Party, and all Claiming under him, and for further Assurance within Seven Years, [
Deliver
] to include a Warranty and Covenant against the Party and his Ancestors, and all Claiming under that, and for further Assurance, within seven Years; and divers Instances of this kind might be contrived by short Words to include Large Sentences: Thus it was done by the Statute of
Bigamis
, and this would shorten Deeds, and abridge their Charge of Enrolling.
Stat. of
Bigamis
.
Feme Coverts.
4.
That all Deeds to be Inrolled be Acknowledged before a Judge of
WestminsterHall
, Master of the Chancery, as now; or before two Justices of the Peace in the County, and they to have Power to examine Feme Coverts to prevent the Charge of Travel, and of Commissions to take Acknowledgments.
5.
That all such Deeds as are to be Inrolled, be Inrolled either in the Courts at
Westminster
, or in the Counties, before the Clerk of the Peace of that County where the Land lies, or in Cities, according to the Stat. of 27.
H.
8.
Offices.
This will prevent the needless multiplying of new Offices, and the gaping of People after them, and perform the Business according to the known and settled Usage already Established by Law, without introducing Novelties more than need.
Inrollment at
Westminster
.
6.
That if the Land lye in several Counties, the Inrollment at the Courts at
Westminster
to suffice: If Inrolled in one County, it may be sufficient for the rest, only a short Abstract or Certificate thereof to be sent at the desire of the Party to the Clerk of the Peace, of the other Counties, subscribed by him, to be Entred with the Clerk of the Peace of the other Counties where the Lands lie.
Time when.
7.
That no Deed be Inrolled after Months, from the time of the Caption.
Relations.
8.
That the Relation of the Inrollment of Deeds to bind or prevent mean Incumbrances, relate only to the time of the Caption at farthest.
9.
That twice in every Year at least, there be transmitted from the Office of Inrollments in Chancery, Abstracts or Certificates of Inrollments to the several Clerks of the Peace of those respective Counties where the Lands lie, under Seal, and so from the Clerks of the Peace of the several Counties, to the Clerk of the Inrollments in Chancery, that they may be reciprocally Entred:
Pecuniary Penalty.
This to be done under a pecuniary Penalty, but not to invalid the Inrollments.
Fees.
10.
That some settled easie Fees may be Established by Act of Parliament, for the Caption, Inrollment, and Certificates.
11.
That no Penalty lye upon any Party for not Inrolling his Deeds, farther than by Law is Established already, but only by Act of Parliament, a considerable Advantage to him that Inrolls. This will invite Men to do it voluntarily, and in a little time will carry the greatest Course of Assurance in this Method, without any Grievance or Inconvenience.
12.
That the Advantages propounded be such as these:
Common Recoveries, and Fines.
1.
That whatsoever Estate, Reversion, Remainder, or Contingent Remainder, or Uses, a Man may barr, by Fine or Common Recovery, with single or double Voucher, he may barr by a Deed enrolled;
except as to the Point of Nonclaimes
, Provision for Infants and Ideots.
2.
That a Deed Inrolled may supply the defect of Livery and Seisin, and Attournment: But not as to forfeiture of the Estate of him that makes it. This is partly done already by Law.
Uses on Deed enroll'd.
3.
That Uses may be as well created and executed upon a Deed Inrolled, as upon a Fine or Feoffment, or Release.
It is True, That by those Advantages, and some others that may be added, most of the Assurances in
England
will run this way; and thereby,
1.
The Offices of Clerks of the Peace, and Inrollments in Chancery will grow to be great and beneficial Offices.
2.
The Offices relating to Fines and Recoveries, will sink very Low, as the Prothonotaries, the Chyrographers,
Custos brevium
, Clerk of the King's Silver, Clerk of the Inrollments, and the Practice of many Clerks that usually deal in Fines and Recoveries.
3.
The King's Fines upon Originals, and the Commissioners for the Composition of PostFines, will decay in time; which will be a Loss to the King; The Keeper of the Great Seal, the Master of the Rolls, and Cursitors, and Lords of Liberties.
But to this I say
,
1.
The swelling of these Offices may be corrected to the publick Benefit, by making the Rates of their Fees lower.
2.
The Offices, that will by this means be impaired, may be considered, if it be thought fit, by some Allowances out of the Offices of Inrolments, though the Officers of the Court of Wards found no such Provision for them:
CommonPleas.
And if some Counties were alloted to the Common-Pleas for Inrollments, that might easily be applied, and distributed so as to countervail the Loss.
3.
The Loss of Fines, and Post-Fines, may be abundantly recompenced by a very small Allowance upon every Deed inrolled; and yet the Subject be a Gainer by it.
And as these small Difficulties may be easily recovered, so these great Conveniencies would ensue.
1.
No Man would be compelled to Inroll his Deeds, and yet every Man might take the Advantage of it that pleased.
2.
The old Course of Fines and Recoveries, not taken away, but left for every Man to use that would, though a cheaper and readier Course of Assurances be substituted.
Vacation time.
3.
Whereas now no Fine, or Recovery can be had in Vacation time, whereby many Men, before they can settle their Lands by this means, Entailes and Feme Coverts may be barred, and settle their Estates as they have occasion.
4.
It would take away the Charges of Travel to
London
, by Persons living remote; the Charges of Commissions,
Dedimus potestatem
, Warrants of Attorney, and all those incident Charges of Fines and Recoveries:
Cheapness.
So that a Man that is necessitated to sell his Land, though it be but an Acre, cannot do it, by Fine or Recovery, under Fifty Shillings, may be able, by this means, to perfect his Assurance for Ten Shillings.
5.
It will, in few Years, carry the whole Track and Current of Assurances in a way that may be open to all Men, and yet without Compulsion to any.
6.
It will prevent those many Defects in Assurances by Fines and Recovery; which consisting of so many Parts, and passing through so many Hands, are subject oftentimes to be Reversed: It may be, for the Loss or Mistake of an Original Writ, or some Defect. And thus far for Inrolling of Deeds.
2. Touching Judgments and Statutes.
27.
Eliz.
The Statute of 27.
Eliz.
hath provided in a good Measure for the Inrolling of Statutes: But as for Judgments it is a Business of great difficulty how to Inroll them especially because it cannot.
1.
Be readily known where the Party lives, or where his Land lies by the Ministers of that Court where the Judgment is given, and so it will be difficult to transmit the same into the Countries where the Land lies.
2.
If that were all known, yet it might be hard that a Copy of a Judgment, in Paper, should be a sufficient Warrant to enter it with the Clerk of the Peace in the County.
But all the way that seems to be practical in this kind, were for the Clerks of the several great Courts, to extract out of the Rolls, the Abstracts of the Recognizances and Judgments, for four or five Years past, or more; and also for the time to come, as they are entred, and to digest them in Alphabet, according to the Surname of him that acknowledgeth them,
&c.
and so to preserve them for publick Inspection, this might be easily done, and a Salary or Fee setled by Act of Parliament for the respective Offices employed therein. Only there are these Inconveniences which must be remedied.
1.
The Retrospect of a Judgment to the beginning of a Term, though acknowledged, it may be, long after.
2.
The late Inrollment of Judgments confessed, so that there is little appears of Record, but only in private Remembrancers.
3.
The keeping of Paper Recognizances acknowledged in Courts for many Days and some Months, without Inrolling them as they ought, and yet by relation to the time of the Caption, many times over-reach Men's Purchases and Securities: These might be remedied by the Orders of several Courts without an Act of Parliament, if strictly enjoyned and observed, though a short Act would easily make the Remedy universal.
3.
And lastly
, Touching Wills, the Difficulty will be very great to put them into better Order, than they are at present, abating some few things.
For the Devisor himself must not Inroll his Will, for the Reasons before given, and especially for that it is alterable every Hour, and many times made in Extremity, when there can be no authentick Officer to Receive or Attest it.
And when he is Dead, the Will comes to the Hands of the Executors, and it may be controvertible, and if the Entry then of it by an Executor, or one that pretends to it, should render it Authentick, it may prejudice the Just Right of others.
And on the other side, oftentimes the Devisee of Lands hath not the Custody of the Will, and it would be unreasonable that the Executor's Neglect should prejudice the Devisee's Interest.
I know not how the Case of Wills can be made much safer or better than it is, at least unless the Insinuation thereof were under the Examination of Temporal Courts; but that perchance would be thought too great a Charge.
Stat. Fraud.
Only it were well, if some greater Solemnity were required by Law in Wills, whereby Lands are devised; for ever since the Stat. of 34.
H.
8. more Questions, not only of Law, touching the Construction of Wills, but also of Fact, arise, than in any five General Titles or Concerns of Lands besides. As, Whether a Will were made or not? Whether revoked or not? Whether the Party that made it were of a disposing Memory, or not? which multiplies Suits, and makes great Uncertainties.
London
Burnt.
But an Act may be necessary to prefix a Time and Order for Claims to burned Houses in
London
, and a Judicatory settled for the determining thereof summarily; because otherwise, possibly Latent Incumbrances may arise upon those that have been at great Charges in Building.
But it were far better, that there might be an Act to quiet the Enjoyment of those that have built according to the Degrees, and under the Rules already decreed, because their Charge hath made the Improvement, and saved it from the Forfeiture which would otherwise have happened; therefore no Reason their Possession should be disturbed. And besides, all Persons that had any pretence of Claim, either have made it, and their Claims examined by a publick Judicatory, or might have done in so long a space, which they have neglected, and it hath been their own faults.
Therefore this Case touching the burned Houses being particular, in a particular Precinct, and thus circumstantiated, will not make any Parallel Case to Universal Registers.
FINIS.
A True and Exact ACCOUNT OF MANY Great Abuses Committed in the VICTUALLING
Her Majesties Navy
, From
February
3, 1702/3. to
July
1703. As appears by the Informations and Depositions of several Witnesses, with the Proceedings thereupon, both at the
Admiralty Office, Hicks's-Hall
, and Elsewhere.
For the Information of the Parliament and Publick
.
LONDON
, Printed in the Year, MDCCIII.
The INTRODUCTION.
CHarles Hore
, the Complainer in the following Case, did in the Year
1701
make Complaint to the
House of Commons
, of a great Abuse Committed in Her Majesty's Brew-house at
St. Katharines
; which Complaint was Referr'd to the Consideration of a Committee, who consider'd the matter of Fact, and Reported in special to the House, as follows;
Mercurij
18.
Die Martij
, 1701.
Mr.
Edward Harley
, according to Order, Reported, from the Committee appointed to Examine into the Matter of the Complaint of a great Abuse Committed in Her Majesty's Brew-house at
St. Katharines
, the matter of Fact as it appeared to them; which they had directed him to Report to the House, which he Read in his place, and afterwards Delivered it in at the Table, where the same was Read.
Resolved,
That it appears to this House, That there hath been a great Abuse Committed in Her Majesty's Brew-house at St.
Katharines
, by Drawing off the first Worts, to the Defrauding of Her Majesty, and Prejudice of the Seamen.
Resolved,
That the pretence of taking Perquisites in Her Majesty's Office of Victualling, tends much to the Prejudice of Her Majesty's Service.
Ordered,
That the said Resolution be laid before Her Majesty (by way of Address) by such Members of this House, as are of Her Majesty's most Honourable Privy Council.
The Nature of this Complaint was, That the Officers and others belonging to the Brew-house, did take from the several Guiles of Sea Beer, Brewed for the Service of the Navy, large Quantities of the strongest and best Worts, for their own Use, and by the Addition of Water, made up the number of Barrels in each Guile; so that the Sailors had their full proportion of Drink, but the Strength and Heart of the Beer was left behind in the Officers Cellars.
Hore
made this Complaint in the first place to the Commissioners of Excise, who laid the same before the Commissioners of Victualling, as also sent their Officers to Enquire into the Fraud, who found it matter of Fact: And Mr.
Denniston
, a General Surveyor of the Excise, and several of his Officers, plainly proved the Fraud before the Committee of Parliament from their own Books; and gave the Committee a particular Account of the Strong Beer thus Embezell'd from the Sailors; which they found Conceal'd in the Officers Cellars, and in private Ware-Houses, in the BrewHouse.
Note
, That notwithstanding this Complaint was laid before the Commissioners of Excise and Victualling, as also before the Admiralty, no Justice was done the Nation in this particular, till such time as the Complaint had pass'd the Examination of Parliament; but on the Contrary, the Persons Complained against, were continued in their several Employments in the Brew-House.
Note also
, That by this Complaint,
Hore
saved the Nation at least Ten Thousand Pounds
per Ann.
by the Redress of the Complaint in the BrewHouse, and by taking away the illegal Perquisites of the Officers by Vote of Parliament; for which Service he had only the Sum of One Hundred Pounds given him by the Lord High Treasurer; which Sum he had Expended in the Prosecution of the Complaint in the several Offices, and at Parliament, besides his Loss of Time; all which did not Discourage him from making the following Complaint for the good of his Country.
To His ROYAL HIGHNESS,
&c.
The Humble Petition of
Charles Hore.
Sheweth,
THAT there coming to
Your
Petitioners Knowledge, considerable Frauds, and Mismanagements in the Victualling of Her Majesty's
Navy
, by which the Health and Lives of the Seamen are in Danger, and any Expedition of the greatest Consequence, may thereby miscarry.
That without a speedy and direct Inspection into the Matter of Fact it will be impossible to detect all the Abuses complain'd of; Or prevent the dangerous Effects of passing over a Matter of this Importance to Her Majesty's Service;
Your
Petitioner being ready and able by sufficient Evidence to prove his Charge.
Therefore most humbly Prays,
Your Royal Highness
, will please to order than an immediate Survey of the Provisions for the Fleet be made by proper and fitting Persons, who have no Dependence on the
Navy
or
Victualling Office
, and make Report to
Your Royal Highness
of the State of the Victualling: And that Your Petitioner may have
Your Royal Highness's
Protection for his Witnesses, till heard; a List of whose Names he is ready to deliver, they being daily threatned to be Prest into the Service, in order to stifle this Complaint.
Febr.
3. 1702/3.
And
Your
Petitioner shall,
&c.
After the Delivery of the above
Petition,
the following
Letter
was sent to
Hore.
Admiralty Office
,
Feb. 8. 1702/3.
Mr.
Hore
,
YOU will herewith receive the Prince his Directions for the several Persons to attend his Councel on
Wednesday
Morning next, who you intend to make use of, to Prove what you have Alledged, relating to the Naval Provisions. I am
Your humble Servant
,
J. Burchet.
Admiralty Office
,
the 11th of
Feb. 1702/3.
Sir
,
SIR
Cloudesly Shovel
, and Sir
Richard Haddock
, having appointed to Morrow Morning to begin to Survey the
Sea-Provisions
and the
Victualling Office
; and desiring therefore that you may attend them with such Persons as you shall judge most proper, in regard there is a Necessity to send the Provisions down to the Fleet with all the Dispatch that may be, I give you this Notice thereof, that you may order Matters so as to be able to attend those Gentlemen to morrow morning accordingly. I am
Your humble Servant
,
J. Burchet.
Mr.
Hore
received this at 6 at Night.
The following
Letter
was sent in
Answer
to the former.
Right Honourable
,
I have spoken to Mr.
Cock
, Mr.
Gibson
, and Mr.
Tutchin
, in Relation to the Survey of Her Majesty's Provisions, appointed by Order of
His Royal Highness
; and I find them all unwilling to go in that Service, unless they know their Business, and are impower'd by
His Royal Highness
to act in that Affair; an immediate Survey being necessary in this Affair, I beg Your Honours speedy Resolution, and Answer herein, who am,
Right Honourable
,
Your most Humble Servant
,
Charles Hore.
Feb. 15 1702/3.
To this
Letter Hore
received the following
Answer
.
Admiralty Office
,
the 15th of
Feb. 1702/3.
Mr. Hore
,
YOUR Letter was this Morning read to the Councel to
His Royal Highness
, by whose Directions I am to acquaint you, that Sir
Cloudesly Shovel
, and the rest of the Gentlemen, who are appointed to Survey the
Naval-Provisions
, upon the Complaint you lately made, are particularly directed to admit not only your self to the said Survey, but all such Persons as you shall judge necessary in Order to the making out your Charge. And therefore if Mr.
Tutchin
, Mr.
Gibson
, and any other will voluntarily accompany you on this Service, they will certainly meet with Assistance and Countenance: But the Councel do not think themselves impowered to oblige them to do it. I am
Sir
,
Your Humble Servant
,
J. Burchet.
Right Honourable
,
I Received a Letter just now from Mr.
Burchett
, wherein he says your Honours are not Impowered to Oblige my Friends to go on the Survey; which I knew before; but my Friends are willing to go, and only want his Royal Highnesses Commission, which I leave to your Honours Consideration. I am,
Right Honourable
,
Your humble Servant
,
Charles Hore.
February
15. 1703.
Admiralty Office
,
the 17th of
Feb. 1702/3.
Mr. Hore
,
HIS
Royal Highness
having appointed some particular Business on
Wednesday
Morning next, I send you this Notice thereof, and am to desire that your self, and Witnesses, will attend the Prince's Council this Afternoon, about Five a Clock.
I am
Your humble Servant
,
J. Burchet.
The 18th of
February
, the said
Hore
attended his
Royal Highnesses
Council, with his Witnesses, and as many of them as their Honours thought necessary, were Examin'd, but they not being Examin'd upon Oath, the said
Hore
desir'd that
Affidavits
might be taken of their several Depositions, which was Granted by the Council, and are as followeth.
Middlesex
and
Westminster.
The Information of
Richard Parrot
, of
Swedeland Court
, upon
Tower-Hill
, near the
Victualling Office
, Butcher, taken upon Oath before me, one of Her Majesty's Justices of the Peace for the said
County
and
Liberty.
Sweareth
,
THAT from
Bartholemew
Tide 1701. to
January
following, this Informant was Imployed by the Purveyors, Mr.
Wright
of
Mile-End
, and Mr.
Nunnery
, to Kill Oxen and Hogs in Her Majesty's
Victualling Office
upon
Tower-hill
, in which said time this Informant Kill'd a very great number of Measled Hogs, which he carried to the Cutting House, where he saw them Weighed for the Sea Service; and as he verily Believes, were Cut, Salted, and Pack'd up for the same Service; and this Informant Deposeth, that in the same time there were several Dead Hogs brought into the aforesaid Office, which this Informant helped to Dress, and particularly one Night this Informant helped to Dress Seventeen, most part of which said Hogs Stunk so much, that this Informant was scarce able to Dress them, which he helped to carry to the Cutting House, where he saw them Weighed for the Sea-Service; and as this Informant verily believes, were cut, salted, and pack'd for the same Service; And this Informant further deposeth, that he was imployed as a Cutter from the said Month of
Jan.
1701. till the middle of
Novemb.
last, in which said time this Informant did cut a great Number of measled Hogs, and Hogs that were brought in dead that stunk, which he saw salted and pack'd up for the Sea-Service. And this Informant further deposeth, that within the last mention'd
Jan.
1701. to the middle of
Novemb.
following,
Paul Dewy, Randal Rench, Thomas Winfield, John Misson
, and
William Ravenscroft
, Master Butchers, came in the Name of Mr.
Crawley
Head Clark of the Cutting-House, very frequently for the best part of the Hogs and Oxen, which they themselves cut off, and carry'd away, and at divers other times commanded this Informant and other Cutters to cut off for them, which they carry'd away; some parts whereof were put in their Aprons, and other parts in their Breeches. And this Informant further deposeth, that it was the constant Custom of most of the Butchers and Salters that were imploy'd in the aforesaid Offices, during the time this Informant was there, to cut several pieces of Beef and Pork, which they carry'd away, and as he verily believes for their own use. And this Informant further deposeth, That he hath seen
William Lawes
, belonging to the Pickle-Yard in the aforesaid Office, several times to take and carry away several Mess-pieces of Pork, when they were packing of them up, and hath afterwards seen such like pieces Roasting in the aforesaid
Lawes
Kitchen, which he believes to be the same that he saw him take and carry away. And this Informant hath seen Mr.
Tompian
, who sells Brandy near the said Office, several times come to the said Cutting-House, and take and carry away with him several Mess-pieces of Pork. And this Deponant further deposeth, That one
Thomas Lamb
, Servant to
William Wright
Esq.; one of the present Commissioners for Victualling Her Majesty's
Navy
, came in his Masters Name, to the CuttingHouse for a Mess-piece of a Rump of Beef; which he had, and carry'd away. And this Informant further deposeth, That the aforesaid
Paul Dewy
, for encouraging this Informant to cut measled and stinking Hogs, that they might not be discovered, hath very often had given him (by the said
Paul Dewy
) Hog's-heads, Herslets and Tayls. And this Informant further saith not.
Subscribed
Richard Parrot.
Jurat.
11.
die
Febr. 1702.
Coram me
Rich. Rider.
Vera Copia
.
Middlesex
and
Westminster.
The Information of
Thomas Mattocks
at the
White Lyon
on
Little Tower-Hill
, in the Parish of
Aldgate, London
, taken upon Oath before me
Richard Rider
one of Her Majesty's Justices of the Peace for the said County and Liberty.
Sweareth
,
THAT from about the beginning of
October
last, till the seventeenth Day of
December
following, this Informant was employ'd as a Salter in the Cutting-House, in the
Victualling Office
upon
Tower-Hill
. In which time this Informant deposeth there were several measled Hogs, and stinking Hogs, cut, salted, and packt up for Her Majesty's Service at Sea; which said Hogs were cut up by
Thomas Dadly
, and
John Footing
: Salted and packt up by several others. And that the best parts of several wholesome Hogs, and Oxen were taken away, and the Remaining part was cut and packt up for the Sea-Service, which said best parts at several times were carry'd away by
John Bull
, and
John Hoskins
, Salters, and
George Price
an Helper to the said Salters,
Thomas Winfield, William Ravenscroft
, and
Paul Dewy
, Butchers, and
Randal Rench
another Salter.
And this Informant further deposeth, That betwixt the Sixteenth of
July
last, and the beginning of
October
following, one
Jeremiah Eaton
came in the Name of
William Wright
, Esq; one of the present Commissioners for Victualling Her Majesty's
Navy
, for four Mess-pieces of Beef, and four Mess-pieces of Pork, which were delivered to him, and he carry'd them away; all which Pieces aforesaid, were taken away after they were weighed to the
Queen
.
Subscribed
,
Tho. Mattocks.
Jurat.
10.
die
Febr. 1702.
Coram me
Rich. Rider.
Vera Copia
Middlesex
and
Westminster.
The Information of
John Weaver
of St.
Johns-street
, in the Parish of St.
Sepulchers
in the said County, Butcher. Taken upon Oath before me one of Her Majesty's Justices for the said
County
and
Liberty
.
Sweareth
,
THAT from
Aug.
1701, to about
Easter
following, this Informant was imploy'd as a Butcher, both in the Slaughter-House and in the Scalding-House, in Her Majesty's
Victualling Office
upon
Tower-Hill
, between which said times, there were a considerable Number of measled Hogs kill'd, and as he verily believes were cut, salted, and pack'd up for Her Majesty's Service at Sea, because he saw them weighed to the
King
. And this Informant further deposeth that during the said time, several Hogs were brought in Dead, and several others alive, and died there, which were drest by this Informant, by Order, they not being sweet. And further deposeth, That he hath seen several Hams of Pork cut out and carry'd away: But by whose Order this Informant knows not. And that from the latter end of
August
last past, to the latter end of
October
following, This Informant was imploy'd as aforesaid, in which time there were a considerable Number of Hogs kill'd that were measled, which said Hogs were weighed to the
Queen
; and as this Informant verily believes, were cut, salted, and pak'd up for Her Majesty's Service at Sea.
And this Informant further deposeth, That
Paul Dewy
, one of the Master Butchers under the Purveyor, gave this Informant Directions, that when he carry'd a Measled Hog to be weighed at the Cutting-House, he should not carry it to the Lower Cutting-House, but to the Upper, because as this Informant verily believes, if it had been carry'd to the Lower Cutting-House, it had been returned.
Subscribed
,
John Weaver.
Jurat.
10.
die
Febr. 1702.
Coram me
Rich. Rider.
Vera Copia
.
Middlesex
and
Westminster.
The Information of
John Baldwin
, of
Spittle-Fields
, in the Parish of
Stepny, Labourer
, taken upon
Oath
before me, one of Her Majesty's Justices of the Peace, for the said
County
and
Liberty
.
Sweareth
,
THAT the Months of
October
, and
November
, last past, this Informant was imployed as a Servant to several of the Salters, in Her Majesty's Victualling Office on
Tower-Hill
; in which said time, this Informant helped to Salt and Pack up several Meazled Hogs, and one very Stinking Hog, which did Stink to that Degree, that this Informant was not able to hold his Head over it, while he was Salting and Packing it up: And further Deposeth, that in
October
aforesaid, one
Jeremiah Eaton
, came to the Cutting House, and ordered
Richard Cook
, to Cut a Surloyn of Beef out of a Quarter which he himself Pitched upon, and it was accordingly Cut, and Carried away by the said
Eaton
, as this Informant verily believes.
Subscrib'd
,
John Baldwin.
Jurat
10.
die
Feb. 1702.
Coram me
Richard Rider.
Vera Copia
.
Middlesex
and
Westminster.
The Information of
Mary Merryman
, Wife of
Henry Merryman
of St.
Katharines-street
, in the Parish of St.
Katharine's Shoemaker
. Taken upon
Oath
before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.
Sweareth
,
THAT about
Christmas
last past this Informant was told by one
Ann Wakefield
, a Servant to Mr.
Randoff
, belonging to the
Queen's Victualling Office
, that her Master had an Hogshead of Pork brought home by two Labourers to his House, between twelve and one a Clock in the Day time, from the Yard to which her said Master belonged, and after they had boyl'd two or three pieces of the Pork, found it not good, therefore her said Master ordered it back again to the said Yard.
Subscribed
Mary Merryman.
Jurat
10.
die
Feb. 1702.
Coram me
Rich. Rider
Vera Copia
.
Middlesex
and
Westminster.
The Information of
Thomas Pinfold
, of
Grayhound-Court
in the Precincts of St.
Katharines
near the
Tower, Labourer
. Taken upon
Oath
before me, one of Her Majesty's Justices of the Peace for the said County and Liberty.
Sweareth
,
THAT in the Month of
Octob.
last past, this Informant was standing by the Block in the Upper Cutting-House in Her Majesty's
Victualling Office
upon
Tower-hill
, one
Henry Lowe
desired this Informant to hold an Hog whilst he cut him up; And when the said Hog was cutting, this Informant told the said
Lowe
, that the said Hog was measled, whereat he shaked his Head; but yet cut it up. And the said Hog was cut into Messpieces, salted and pack'd in the Presence of this Informer. And this Informer further deposeth, that he saw several Mess-pieces of Pork drawn out of the Brine, which stunk and were pack'd up in the Cask. And this Informant further deposeth, That he hath several times seen
Thomas Winfield
a Master Butcher, cut several of the best pieces of Pork, and carry'd them away with him. And this Informant further deposeth, That about the Month of
May
or
June
last
Ann, Wakefield
, Servant to Mr.
Randoff
, belonging to the
Queen's Victualling Office
, came into the
Coopers Yard
in the said Office, to this Informant and his Brother, and desired them in her Master's Name to come to her said Master's House, and help carry down two Cask of Beer into his Cellar, which having done, Mr.
Randoffs
Sister and his said Servant desired them to help down with a Hogshead of Pork, which then lay in Mr.
Randoffs-Yard
, which they accordingly did; which at first they refus'd to do, thinking the same too heavy for them; whereupon Mrs.
Randoff
and the said Servant told this Informant and his Brother, they might well do it, for two Men brought it from the Office. And this Informant adds, that after they had got it into the Cellar, Mrs.
Randoff
desired to open the Head of the said Hogshead to see if the Pickle was not run out of it, which when open'd, they found the same to be full of Mess-pieces of Pork, and further saith not.
Sic
Subscribed
Thomas Pinfold.
Jurat
11.
die
Feb. 1702.
Coram me
Rich. Rider
Vera Copia
.
Middlesex
and
Westminster.
The Information of
John Watts
of
Long-lane
in the Parish of St.
Mary Magdalen, Southwark, Gardiner
. Taken upon
Oath
before me one of Her Majesty's Justices of the Peace for the said County and Liberty.
Sweareth
,
THAT in the Month of
May
last, past this Informant was a Tun-Man in Her Majesty's Brewhouse, called the
Hartshorn
Brew-house in St.
Katherine's
, that
Richard Warren
Miller to the said Brew house, by Order of Mr.
Croker
Workman Brewer, did at each Brewing, after the second Running, take out of the Mash-Tun, two Bushels at least of Goods, and carry'd them away. And this Informant further saith, that during the time he work'd in the said Brewhouse, which was about six Weeks, there was at least twelve Tun of Beer, Drank, Spilt, and Imbezel'd. And further saith not.
Subscribed
John Watts.
Jurat
11.
die
Feb. 1702.
Coram me
Rich. Rider
Vera Copia
.
These
Affidavits
being taken were delivered to the Princes Council, in whose Office they now are: The Parties accused, by Collusion with some others, procur'd one
Jery Jones
, an ignorant Fellow, that keeps a publick House near the
Victualling Office
, to apprehend
Richard Parrat
(one of the Evidences on Oath for the
Queen
) upon the
Affidavit
of
Thomas Wingfield
, and
Paul Dewey
, and others against whom the said
Parrat
had given Information upon Oath, and Evidence before the Prince's Council, upon which the said
Parrat
was committed to Prison, and Bailed out by
Hore
, and afterwards a Bill was found against him for Fellony at
Hickes's-Hall
, only upon the foresaid Evidence, who were accused as Criminals by the said
Parrat
: It is here to be noted the Management of those who would ruin
England
by the Destruction of the
Navy
, by letting the Criminals pass with Impunity, and be at Liberty to Swear against such as had made
Affidavit
against them.
Hore
finding that the Criminals were countenanced, he was resolved to prosecute them, and in order thereunto, took up by Warrant
Thomas Wingfield
, and
Paul Dewey
, and they were bound over to the next Sessions at
Hicke's-Hall
, where they were found guilty of a Misdemeanour only: It is here to be noted, that
Jery Jones
publickly said, that he prosecuted
Parrat
by Order of the Princes Council, and that he would if he pleas'd, prosecute all the
Queen's
Evidence, of which Mr.
Tutchin
acquainted the Prince's Council, who never made any publick Vindication of their Honour in that respect.
After this the said
Hore
took up by Warrant
William Ravenscroft
, and
Randolph Rench
, who were bound over as follows.
Middlesex
et
Westm.
ff.
To all Constables, Headboroughs, and others, Her Majesties Officers, whom these may Concern
.
WHereas Information hath been given upon Oath unto me, one of Her Majesties Justices of the Peace for the said County and Liberty, by
Tho. Mattocks
, and
Richard Parrot
, that
William Ravenscroft
and
Randal Rench
, Persons belonging to Her Majesties Victualling, hath of late Defrauded and Cheated Her said Majesty, by taking and bearing away several pieces of Beef and Pork out of Her Majesties Cutting-House, in manifest breach of their good Behaviour:
These are therefore in Her Majesties Name, to Will and Require you, upon sight hereof, to take and bring before me, or some other of Her Majesties Justices of the Peace for the said County and Liberty, the Bodies of the said
William Ravenscroft
and
Randal Rench
, of whom you shall have Notice to Answer to the Premises: Thereof fail not. Given under my Hand and Seal, this 25th Day of March 1703.
Richard Rider.
March 26.
Balr. Cod. Robert Bateman
.
April 3. 1703.
Right Honourable
,
MY Humble Request to Your Honours, for the Queens Interest is, That you will be pleased to Order Your Sollicitor to attend at
Hicks's-Hall
with the Original Affidavits; and that Your Secretary, or other Person, as Your Honours shall think fit, do attend at the Sessions-House in the
Old-Bayly
, with the Minutes and Proceedings of Your Board, in relation to the Victuallers. I am forced to be at the Charge of Prosecution, finding the Commissioners of the Victualling encourage the Poysoners of our Seamen, by continuing them in their Employments. I shall Prosecute all the rest in due time; and had Prosecuted Commissioner
Wright
this Sessions; but my Counsel tells me, that is to be done, only by Your Honours, he being the Queens Officer under you. I am
Right Honourable
,
Your Honours most Humble Servant
,
Charles Hore.
April 13. 1703.
Right Honourable
,
I Thought it adviseable to Acquaint Your Honours of my Proceedings in the Prosecution of the Criminals in the Victualling Office. I got Bills found against eight of them for a high Misdemeanor this Sessions; and I intend to Try them the next; and am now Prosecuting the rest of the Criminals. Your Honours are sensible of the great Charge I have already been at in this Affair, in which I have spent my own Money, and have been forced to Borrow of Friends. I therefore humbly Beg Your Honours to take my Case into Consideration, and to Order me a supply for further Prosecution, that Her Majesties and the Nations Cause may not be starv'd for want of Money: In which Your Honours will do a singular Service to Her Majesty, to Your Country, and will highly Oblige,
Right Honourable
,
Your Honours most humble Servant
,
Charles Hore.
April 17. 1703.
Honoured Sir
,
I Was Yesterday to wait on the Attorney General, in Order to the Clearing of
Richard Parrat
. The Attorney General said it was a very ill thing the Queens Evidence should be used at that rate, and said if the Prince's Council would signifie to him, That the said
Parrat
was the Queens Witness, and that his Discharge was necessary for the Service, he would immediately clear him, notwithstanding the Indictment against him. I would therefore beg You to move the Council in this Affair. I having great Occasion for his Evidence in that Service. I am
Your most humble Servant
,
Charles Hore.
April 17. 1703.
Honoured Sir
,
I Sent a Letter to the Board this Day, relating to the Discharge of
Richard Parrat
; but having no Answer, and Mr.
Baker
telling me I cannot speak with the Board. I beg the Favour of you to move the
Council
for an Answer; the Affair requiring Expedition. I am
Sir
,
Your most humble Servant
,
Charles Hore.
The Answer given to
Hore
by Mr.
Clark
, was, That their Honours could do nothing in the matter, and the Law must have its course.
April 19. 1703.
Right Honourable
,
I Received Your Honours Answer to my Request for the Discharge of
Richard Parrat
, whom Your Honours were pleased not to Discharge, tho' he is the Queens Evidence, and is Malitiously Prosecuted for being so. It seemed very odd to some true
English
Gentlemen, that the Criminals in the Victualling, and such as have Endeavoured to poyson the Sailors of
England
, with Meazly and Stinking
Hogs
, should be continued in their mischievous Employment, after Affidavit was made against them by Your Honours Order. I now acquaint Your Honours that some, if not all of the Persons, against whom Bills were found the last Sessions, are still Employ'd in the Victualling. I leave it to Your Honours Consideration whether This be a Practice suitable to the true Service of our Country, and whether it be not a great Encouragment to Criminals. I am,
Right Honourable
,
Your Honours most humble Servant
,
Charles Hore.
Admiralty Office
26 Feb. 1703.
Mr.
Hore
,
I Send this to acquaint you, that His Royal Highness has given Orders to Sir
Cloudsley Shovel
, and Sir
Richard Haddock
, to go on with the Survey of the Sea Provisions at the Victualling Office; in case you do not, with such Persons as you think proper to attend them in Four Days. I am
Sir
,
Your humble Servant
,
J. Burchet.
For the Reason before mentioned in
Hores
Letter he could not go on this Survey.
Navy Office
28. April. 1703.
at Two in the Afternoon
.
Mr.
Hore
,
HIS Royal Highness, upon a
Petition
of yours setting forth several Frauds and Abuses in the Victualling-Office, with Respect to the Badness of
Provisions
Killed for the
Seamen
of the Fleet, and other particulars; having Commanded us, whose Names are here under Subscrib'd, strictly to Examine into the same, and with all Expedition return to His Highness a true and perfect Account what we find relating to your said
Petition
: That our Report accordingly may be more satisfactory to His Highness, and in Justice to your self: We do therefore hereby Advertise and Desire you, pursuant to His Highnesses Order, to meet us at the
Victualling-Office
on
Tower-Hill
to Morrow Morning, being the 29th Instant; precisely at Nine of the Clock, with all such Persons you shall think proper or necessary to be with you at the same time on this occasion.
Your Friends
Carmarthen, Henry Greenhill.
April 29. 1703.
My Lord
,
I Receiv'd a Letter from Your Lordship, Intimating Your Lordship, and Others, were going to a Survey of the Provisions at
Tower-Hill
, according to the
Prayer
of my
Petition
. I humbly Conceive my self not concerned in the Survey; my
Petition
, praying for a Survey of three Months ago; and I know not upon what Reasons it has been so long Neglected. Mr.
Tutchin
Survey'd the Pickle near that time, and Engages to prove from the Quantity of the
Pickle
, that the Meat is not fit for the Service. I would not have Your Lordship imagine I do not attend Your Lordship on this Occasion out of any Disrespect. Your Lordship may at any time, for the Service of our Country, Command the Person of
My Lord
,
Your Lordships Most Humble Servant
Charles Hore.
April 29. 1703.
Right Honourable
,
I Receiving a Letter from my Lord
Marquess
of
Carmarthen
, importing that Himself and several others were, by Order of the Prince's Councel, to Survey the Provisions of the Fleet, on the 29
th
of
April
; I went that Day to the
Red-House
at
Deptford
, where most of the Bad Provisions has been Laid, but found none of the said Surveyors there, but I found there
Jeremy Eaton
, (One of the Persons against whom the Bill was found last Sessions) Employed; I don't say in Poisoning the Provisions for the
Fleet
. I have further to Signify to Your Honours, that I have Information of two
Galleons
Laden with
Flesh
for the
Fleet
, which are now in long Reach, which Provisions are said to be Bad. This is all from,
Right Honourable
,
Your most humble Servant
Charles Hore.
The Report of the Surveyors
.
Sir
,
IN Obedience to the Command of His Royal Highness,
Dated the 23d of
April past, and of the Order of His Highnesses Council, of the 30
th
of
Decem.
sent us with Your Letter of the said Date.
We, whose Names are hereunto Subscribed, have this Day carefully Inspected into Her Majesties Provisions, both at the
Victualling-Office
at
Tower-Hill
, and at the several Store-Houses by the
Brew-house
; as also at the
Victualling-Office
at
Deptford
; in all which Offices and Store-Houses we Promiscuously Examin'd into a great Number of Casks both of
Beef
and
Pork
, as the Inclosed will particularly inform you, and finding it extraordinary good, and a great Stock of it, therefore 'tis our Opinion, having made the strictest Enquiry we could into the Particulars of the Frauds and Abuses in the Victualling-Office, mentioned in Mr.
Hore's
Petition, that there is no Ground for the Complaint made by him: But on the contrary, we found the Provisions in each
Spiece
we Survey'd, not only extreamly good, but all things relating to the said Office in the greatest Order imaginable; which, with all Duty and Respect, we Pray may be humbly Represented to His Royal Highness. We are
Sir
,
Your very Humble Servants
Carmarthen, R. Haddock, Tho. Hobson, Henry Greenhill, Henry Risbe, Samuel Atkinson, John Hazlewood, B. Allen, Lewis Hughes, William Beanes.
Hore
having a Copy of this Survey, drew up the following Protest, and Delivered it to the Princes Council.
Gentlemen
,
HAving Read a Copy of the Survey, made by the
Marquess
of
Carmarthen
, and Others at Her Majesties
Victualling-Office
; and finding the same highly Prejudicial to Her Majesties Service, the Welfare of the Navy, and the Interest of the Realm. I do hereby Protest against the said Survey for the Reasons Following.
1. Because the Prayer of my Petition, desired a Survey of the said Provisions about Three Months ago, during which time the Defective Provisions were issued; and the Survey not made till the beginning of
May
; so that the Victuallers had time to New Pickle and put the Stores in Order for a Survey.
2. Because the Survey was made by Persons not Skilled in the Pickling, and Curing of Provisions; as having been never Exercised in that Service.
3. Because in their Report, they only give their Peremptory Opinion, without any Reason thereof drawn from the Nature of the Pickle and Packing the Meat: Whereas I can prove that the Pickle used in the Service this Season, hath sometimes been two Degrees and an half too Strong, and at other times three or four Degrees too Weak.
4. Because they did not Survey the Provisions in all the Store-Houses.
5. Because they Report, that they have made the Strictest Enquiry into the Frauds and Abuses in the
Victualling-Office
, mentioned in my Petition; that it is their Opinion, that there is no Ground for the Complaint made by me: When as I never knew the merit of my Complaint was Refer'd to their Consideration; And if so, they heard the Cause
Ex Porte
, against the Queen, as having not Examined my Evidence, as to the Embezelments of the Stores. All which I Humbly Conceiving does tend to the Prejudice of Her Majesties Service, and the Stifling of the Complaint made by me: I do therefore Protest against the said Survey for the Reasons above, and desire that the said Protest may be delivered to His Royal Highness, and Entred in the Books of the Admiralty,
Charles Hore
.
The said
Hore
being resolv'd to Prosecute the aforesaid Criminals, they made Interest to the Attorney General, to procure a
Noli Prosequi
for themselves, as appears by the following Summons.
LET Mr.
Charles Hore
, the Prosecutor, on three several Indictments, Prefer'd at the Sessions in
Hick's-hall
, in
April
last,
viz.
One against
Paul Dewey
and others; Another against
Randolph Rench
, and a Third against
John Bull
and others, for Imbezelling Her Majesties Stores and Victualls. Attend me at my Chambers in the
Temple
on
Monday
the Tenth Day of this Instant
May
, at Four of the Clock in the Afternoon, to shew Cause why a
Noli Prosequi
should not be Granted to stay all further Proceedings on the said Indictments.
Dated this Sixth Day of
May 1703.
Edward Northey
.
May 8. 1703.
Right Honourable
,
I Being Summoned to attend the Attorney General on
Monday
next, at Four of the Clock in the Afternoon, I desire Your Solicitor may Attend at that time with the Original Affidavits relating to my Complaint against the
Victuallers
; as also, That Your Honours will be Pleased to Order me a Copy of the Report of the Survey made by my Lord
Carmarthern
and Others.
To the Right Honourable the Council, to His Royal Highness. Right Honourable, I am Your Honours most humble Servant
Charles Hore.
The said
Hore
percieving by these Measures that the Intent of some People was to stifle the Complaint, by clearing the Criminals without Trial, and believing that neither the Queen nor His Royal Highness were throughly Inform'd of the Merits of his Cause, and the Nature of his Complaint, he Petitioned Her Majesty as follows,
To the QUEENS most Excellent Majesty in Council. The Humble Petition of
Charles Hore.
Sheweth
,
THAT your Petitioner some time since made a Discovery of great Frauds and Abuses in the Victualing your Majesties Navy, by Embezelling the Provisions, and Applying the best of the Meat to Private Uses: As also by Cutting and Packing up great Numbers of Meazled Hogs, and Hogs brought Dead and Stinking into the Office, contrary to the Rules of the Navy, and Laws of the Land; all which fully appeared by the Depositions of several Witnesses now remaining at the Admiralty Office.
That to prevent the Discovery and Punishments of the said Frauds, some Ill Affected Persons to Your Majesties Government caused one
Richard Parrot
, (who is a very Material Witness, and hath given Evidence for Your Majesty before the Prince's Council) to be taken up and Prosecuted upon pretence of Imbezelling Your Majesties Stores, upon the Information of two of the Persons, against whom the said
Parrot
had before given Evidence at the Admiralty Board.
That Your Petitioner hath at his own proper Charges Prosecuted several Offenders, and Indictments were found against Eight of them the last Sessions, (Two of them being the same Persons on whose Information the said
Parrot
was taken up.)
That Your Petitioner doubts not to Convict the said Offenders, and Divers others, who he intends to Prosecute for the said Crimes, if the Evidence of the said
Parrot
, (whom at present is forced to Abscond, by Reason of the said Malicious Prosecution against him) be not Supprest and Stifled.
That without a speedy and Effectual Examination into, and Exemplary Punishment of the Offenders for the said Crimes (which Your Petitioner hath great Cause to believe, hath Cost the Lives of Thousands of Seamen in Your Majesties Service) it will be Impossible to prevent the like Evil Practices for the Future; which being a Matter of great Importance to Your Majesties Service.
Your Petitioner therefore Humbly Prays that Your Majesty will be Graciously Pleased to Grant a
Noli Prosequi
for the said
Parrot
, that he may be Enabled to appear and give Evidence upon the said Tryal of the said Offenders, at the next Ensuing
Sessions
(whereby Your Petitioner will be Encourag'd to make further Discoveries of many other Frauds and Abuses in the Victualling Your Majesties Navy.) And that Your Petitioner may be heard by His Councel before this Honourable Board Touching the Premises.
And Your Petitioner, as in Duty Bound, shall ever Pray
.
Charles Hore.
At the Court at St.
James's,
the 8th of
May, 1703. Present
The QUEENS most Excellent Majesty in Council
.
UPon Reading this Day, at the Board, the Petition of
Charles Hore
, relating to the Discovery of the great Frauds and Abuses in the Victualling of Her Majesties Navy; humbly Praying a
Noli Prosequi
, for
Richard Parrot
, whom the Petitioner alledges to be a very Material Witness in the Case, and is taken Up and Prosecuted for Pretence of Imbezzelling Her Majesties Stores, to the end he may appear and give Evidence upon the Tryal of the Offenders, at the next Ensuing Sessions: It is Ordered by Her Majesty in Council, that it be, as it is hereby referr'd, to Mr.
Attorney General
and Mr.
Solicitor General
, to Examine the matter of the said Petition; a Copy whereof is hereunto Annexed, and to report to this Board how they find the same, together with their Opinion thereupon.
John Povey
.
PUrsuant to Her Majesties Order, in Council, of the 8
th
of
May
, Instant. We do appoint to Consider of the matter of the Petition of
Charles Hore
, (relating to a Discovery of Frauds and Abuses in the Victualling of Her Majesties Navy) and Praying a
Noli Prosequi
for
Richard Parrot
, therein mention'd, to us thereby refer'd, upon
Tuesday
the 25
th
Instant, at Six of the Clock in the Afternoon, at Mr.
Attorney Generals
Chamber in the
Temple
, at which Time and Place we will consider also of the several Indictments against
Randal Rench
, and against
John Bull, John Hoskins
, and others, and also against
Paul Dewey
, alias
Dewell, Thomas Wingfield
, and
William Ravenscroft
, for Imbezzelling Her Majesties Stores and Provisions; whereof let the Parties Concerned have Notice, and let Notice be also given to the Commissioners for Victualling the Navy, or their Solicitor, of the said Appointment.
Dated the 21st of
May 1703.
Edward Northey. Simon Harcourt
.
Hore
and the Parties mentioned in this Summons, appear'd according to Order, and what pass'd at that time, being too tedious to mention in this place, yet it is worthy the Enquiry of our Representatives. But thus much may be said, That notwithstanding the strictness of Her Majesties Order for a Report of this Affair to be made to the Council Board, That no Report has as yet been made by the Attorney and Sollicitor General.
The said
Hore
observing that the said Marquis of
Carmarthen
and others, had Reported, That they, Pursuant to the Order of His Royal Highness, had Survey'd the Stores belonging to Her Majesties Victualling-Office: And he, that said
Hore
, under standing that a considerable quantity of the Queens Provisions was Conceal'd in a Ware-House at
Cuckolds-Point
, not belonging to Her Majesties Victualling-Office, and Suspecting the same to be Embezzeled, he procured the following Warrant for Securing the said Provisions.
To all Headburroughs and Others of Her Majesties Officers, whom these may Concern
.
WHereas Complaint, upon Oath, hath been this Day made unto me, One of Her Majesties Justices of the Peace for the said County, by
Henry Broom
, that he saw this Day in a Ware-House, at
Rotherhith
in this County, divers Casks wherein is Contained (as he supposes) a Considerable Quantity of Her Majesties Stores, that were Embezzeled, Contrary to the Statutes in that Case made and Provided.
These are, therefore, in Her Majesties Name, to Will and Require you, or some one of you upon sight thereof, to make Diligent Search in the Day time for the said Stores: And if upon your Search, you find any of the said Stores, or any Person or Persons, of whom you shall have just Cause of Suspicion, that then you secure the said Stores, and the Person or Persons, in whose Custody the same shall be so found; and him, or them bring before me, or before some other of Her Majesties Justices of the Peace for the said County, to be Examined Touching the Premises; and further to be Dealt withall according to the Law. Hereof fail not at your Perils. Given under my Hand and Seal the
18th
, Day of
June 1703
.
Ralph Hartley.
The said
Hore
, having served the said Provisions for the Use of Her Majesty, He Wrote the following Letter to the Prince's Council.
June 19. 1703.
Gentlemen
,
I Thought fit to signifie to Your Honours that I have caused to be seized several Hundred Tuns of the Queens Provisions in Ware-Houses at
Cuckolds-Point
, which I suppose are Imbezzel'd; because they did not appear in the late Survey; I only Intimate this for Your Honours Consideration, who am
Your Honours Most Humble Servant
,
Charles Hore.
The said
Hore
being resolved throughly to acquaint Her Majesty with these Evil Practices, he again Petitioned Her Majesty as follows.
To the QUEENS Most Excellent Majesty. The Humble Petition of
Charles Hore.
Sheweth
,
THAT Your Petitioner some time since presented to Your Majesty a Petition relating to a Discovery of Sinister Practices in the Victualling-Office, to the prejudice of Your Majesties Government, and the Abuse of Your Seamen; which said Petition Your Majesty was Graciously pleased to refer to the Consideration of the Attorney and Solicitor General: And Your
Petitioner
having since that Time seized a vast Quantity of Your Majesties
Provisions
concealed in private Ware-Houses, which said
Provisions
are Stinking and unfit for the Nations Service, and supposed to be Imbezzel'd. And Your
Petitioner
having Notice of several other of Your Majesties Stores belonging to the Victualling, which are after the said manner concealed; as also of a Galleon Laden with Tainted and Defective Provisions for the use of Your Majesties Navy.
Your Petitioner humbly prays Your Majesties Countenance, Power, and Direction to proceed in the Premises, for the Good of Your Majesties Navy, and the Welfare of the Kingdom.
And Your Petitioner shall ever Pray
, &c.
Charles Hore.
At the Court near
Hampton-Court
, the 24th Day of
June
, 1703. Present
The QUEENS Most Excellent Majesty in Council
.
UPon Reading this Day at the Board, the Humble
Petition
of
Charles Hore
, setting forth that he formerly made a Discovery of
Sinister Practices
in the Victualling-Office to the prejudice of Her Majesties Government, and the Abuse of the Seamen; and hath lately seized a vast Quantity of Her Majesties
Provisions
belonging to the Victualling-Office, concealed in private Ware-Houses, which is supposed to be Embezzelled; and hath Notice of several other Stores concealed after the same manner; and therefore praying Her Majesties Countenance, Power, and Direction therein; It is ordered by Her Majesty in Council, that it be, and it is, hereby referred to His Royal Highness, Lord High Admiral, to cause the
Petitioners
Allegations to be Examined, and to Report to Her Majesty in Council how He finds the same, with His Opinion thereupon.
John Povey.
It is here to be Noted, that tho'
Hore
Petitioned the Queen for the good of the
Publick
; yet he was forced to pay the full Charge for all the Orders of Council, as if he had
Petitioned
on his own private Account.
The said
Hore
believing himself not fairly Treated in his Discovery by the Prince's Council, he Petitioned His Royal Highness to be heard by himself, as follows.
To His Royal Highness Prince
George
of
Denmark,
Lord High Admiral of
England, Ireland,
&c. The Humble Petition of
Charles Hore.
Sheweth
,
THat after Sir
Richard Haddock
, and Mr.
Henry Greenhill
, and others, by Order of Your Royal Highness, had Surveyed Her Majesties Stores and Provisions at the Victualling-Office, and in and about the Port of
London
; and a Report was given in to Your Royal Highnesses Council, that the said Stores were Extreamly Good, and fit for Her Majesties Service: Your Petitioner being assured of the Contrary, the said Surveyors having not Examined into all Her Majesties Stores, but that Considerable part of the said Stores were Concealed in Private Ware-Houses, did protest against the said Survey, a Copy whereof he delivered in at the Admiralty Board, to be Transmitted to Your Royal Highness.
Your Petitioner afterwards Petitioned Her Most Excellent Majesty in Council, setting forth several great Hardships to Her Majesties good Subjects, who had given Information in Relation to several Discoveries of several Frauds and Abuses Committed in Her Majesties Victualling Office: And Her Majesty was Graciously Pleased to Refer the Petition aforesaid, to the Consideration of the
Attorney
and
Solicitor
General, who, upon hearing the whole matter, Declared, the Allegations in the Petition were fully proved; tho' not yet Reported to Her Majesty in Council.
Your Petitioner in the mean Time (being Zealous and Resolute in Her Majesties Service) Procured a Warrant from a Justice of Peace to Seize, and accordingly hath Seized several Hundreds of Tuns of Her Majesties Provisions in Ware-Houses, at
Cuckolds-Point
: Supposed to be Concealed and Embezzel'd.
Whereupon Your Petitioner again Petitioned Her Majesty in Council for Her
Power, Countenance
and
Direction
in the Affair: And Her Majesty was Pleased to Refer the whole to Your Royal Highnesses Consideration, which Order of Reference is herewith Humbly Presented to Your Royal Highness.
Your Petitioner therefore most Humbly Prays, that Your Royal Highness will be Pleased to Hear the Matter of the said Complaint Personally; and Grant Your Petitioner Full Power and Authority to Seize other suspected Stores, and Examine those already Seized without Disturbance or Peril, that speedy Justice may be done Her Majesty and Government in this Particular.
And Your Petitioner shall ever Pray
, &c.
Charles Hore.
The Commanders of the Victualling Office, having appointed a Day for Surveying the Provisions at
Cuckolds-Point
. The said
Hore
, with some Friends, attend at the Survey, and found the Provisions Stinking and unfit for Service, as appears by the following Report.
The Report of us, whose Names are hereunto Subscribed, being Inhabitants within the City and Liberty of
Westminster
, Touching a Survey of Sea Provisions (intended for Her Majesties Service) made on the 17th and 19th of
July, 1703
. In a Private Ware-House, at or near
Cuckolds-Point
, which Provisions were seized (as supposed) to be Embezzel'd from Her Majesties Stores.
THat upon Inspection of the Provisions aforesaid, the Major Part of them Appeared to us, to the best of our Judgement and Knowledge, to be killed since
Michaelmas
last, (tho' at this time they are Stinking) and are altogether unfit for Her Majesties Ser vice; for this Reason, that upon opening the Casks, the Pickle appeared to be in a manner all Blood, which was Stinking and very Offensive; and the Flesh appeared to be Fresh, as if it had not been Salted above two Months: The Dammage of which Provisions is Occasioned for want of due care in Salting and Packing them; the Blood never having been Drained, nor the Salt ever Penetrated the Flesh: Whereas every Cock-Wench knows, that Flesh not mov'd or Repackt out of the Bloody Pickle, can never keep sweet six Months.
We further declare that during the time of the said Survey, one
Skipper Holman
pretended he had bought the said Provisions and said that all were Rogues who came there, especially Mr.
Hore
, whose Ears he swore he would cut off, and Arrest him for fivePound a Day, for every Day he waited there, being so much out of his way, and was very Impertinent and Troublesome. And one Mr.
Cole
, the Master Cooper of the Victualing Office; and likewise Mr.
Jennings
, one of the Commissioners, pretended the said Provisions were Condemned at
Portsmouth
, and sent up hither, and Repackt out of good Husbandry, to serve as petty Warrant Provisions for new Imprest Men Aboard the Tenders, with such like Various Discourses. But we Humbly Presume, stinking Provisions are never designed by Her Majesty and Government, or Imprest Men, or the
West-Indies
, or to destroy any of Her Subjects, in any of Her Majesties Dominions, Here or Elsewhere.
Charles Hore. Charles Read, William Eastiss.
The said
Hore
Understanding that the
Prince's
Council had made a Report of this Survey to Her Majesty, without Examining the said
Hore
, and his Friends that were present at the Survey; and he the said
Hore
, not being able by any means to procure a Copy of the said Report to Her Majesty: He delivered a third Petition to Her Majesty at
Hampton-Court
, as follows.
To the QUEENS Most Excellent Majesty in Council. The Humble Petition of
Charles Hore.
Sheweth
,
THat Your Petitioner some time since presented to Your Gracious Majesty a Petition, Relating to a Discovery of Sinister Practices in the Victualling Office, to the prejudice of Your Majesties Government, and the Abuse of Your Seamen; which was Referr'd to the Attorney and Solicitor General, who Owned the Allegations proved; yet no Report was given by them, as was Ordered by Your Majesty in Council; whereupon a second Petition was preferr'd, concerning an Imperfect Survey made by Sir
Richard Haddock
, and others; as also setting forth the seizing some Private
Ware-Houses
, and Requesting Power and Protection to seize others, which said Petition Your Majesty was Graciously pleas'd to Refer to the Consideration of His Royal Highness, Lord High Admiral; and Your Petitioner upon Enquiry at the Admiralty Board, what they had done with the Reference to His Royal Highness; was answered by the said Board, that they would give in their Report in two or three Days, and your Petitioner Replyed, who could their Honours give their Report, having not heard any Evidences since
February
last, to which the Board answer'd, it was no matter; Your Petitioner notwithstanding Resolved to proceed to take an Account of one of the Warehouses he had seized at
Cuckolds-Point
by Virtue of a Warrant from a Justice of Peace and upon strict Survey found the Provisions stinking and unfit for Your Majesties Service, tho' not Kill'd above six Months, as appears from the Report hereunto Annext, and Your
Petitioner
has good Grounds to believe that several other of Your Majesties Stores belonging to the said Office would be found as Defective upon a new Survey made by fitting Persons. And if Your
Petitioner
might be heard by Council before Your Majesty in Council, all his Allegations would plainly appear touching the Abuses and Mismanagement in the Victualling Your Majesties Navy.
Wherefore Your Petitioner most Humbly Prays that Your Majesty will be Graciously Pleased to admit the whole matter to be heard by his Council before Your Majesty in Council that the full Discovery of the said Abuses and Mismanagements of the VictualingOffice may be no longer stiffled, but made Clearly and Evidently appear to Your most Gracious Majesty for the Good of Your Majesties Navy, and the Welfare of the Kingdom.
And Your Petitioner shall ever Pray
.
Charles Hore.
To this
Petition
was Annexed the abovesaid Report; but the said
Hore
never had any Answer thereunto.
Now in all Humility he lays this whole Proceeding before our
Representatives
in
Parliament
, to be Considered as in their great Wisdom they shall think fit.
FINIS.
THE WHOLE PROCEEDING TO JUDGMENT UPON THE Articles of Impeachment OF HIGH TREASON Exhibited by the Knights, Citizens, and Burgesses in Parliament Assembled, in the Name of Themselves and of all the Commons of
Great Britain
, against
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, In
Westminster-Hall
, on
Thursday
the Ninth Day of
February
, 1715.
Published by Order of the House of
Peers
.
LONDON
: Printed for
Jacob Tonson
at
Shakespear's-Head
, over-against
Katharine-Street
in the
Strand
. MDCCXVI.
THE WHOLE
PROCEEDING
In
WESTMINSTER-HALL
, UPON THE
IMPEACHMENT
AGAINST James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure,
and
William
Lord
Nairn.
Die Jovis 9 Februarii
, 1715.
ABOUT One a Clock the Lords came from their own House into the Court erected in
Westminster-Hall
, to pass Sentence upon
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, in the manner following.
The Lord High-Steward's Gentlemen Attendants, two and two.
The Clerks Assistant to the House of Lords, and the Clerk of the Parliament, with the Clerk of the Crown in the Court of Chancery bearing the King's Commission to the Lord High-Steward.
The Masters in Chancery, two and two.
Then the Judges.
The Peers Eldest Sons, and Peers Minors, two and two.
Four Serjeants at Arms with their Maces, two and two.
The Yeoman Ushers of the House.
Then the Peers, two and two, beginning with the youngest Barons.
Then four Serjeants at Arms with their Maces.
The Serjeant at Arms attending the Great-Seal, and Purse-Bearer.
Then Garter King at Arms; and the Gentleman-Usher of the Black Rod, carrying the White Staff before the Lord High-Steward.
The Lord High-Steward alone, his Train born.
When the Lords were placed in their proper Seats, and the Lord HighSteward upon the Wooll-Pack,
The Clerk of the Crown, in the Court of Chancery, standing before the Clerk's Table, with his Face towards the State, having his Majesty's Commission to the Lord High-Steward in his Hand, made three Reverences towards the Lord High-Steward; and, on his Knee, presented the Commission to the Lord High-Steward; after which, and usual Reverences, the same was carried down to the Table: And then Proclamation for Silence was made in this manner;
O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment.
Then the Lord High-Steward stood up, and spoke to the Peers.
His Majesty's Commission is going to be read; your Lordships are desired to attend.
All the Peers uncovered themselves, and they and all others stood up uncovered while the Commission was reading.
GEORGIUS R.
GEORGIUS, Dei Gratia, Magnæ Britanniæ, Francia & Hiberniæ Rex, Fidei Defensor, &c. Prædilecto & Fideli Consiliario nostro Willielmo Domino Cowper, Cancellario nostro Magnæ Britanniæ, Salutem. Cum Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Georgius Comes de Winton, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento, per Milites, Cives & Burgenses in Parliamento nostro Assemblat' de alta Proditione per ipsos Jacobum Comitem de Derwentwater, Willielmum Dominum Widdrington, Willielmum Comitem de Nithisdale, Georgium Comitem de Winton, Robertum Comitem de Carnwath, Willielmum Vicecomitem Kenmure, & Willielmum Dominum Nairn, commiss' & perpetrat' in nomine ipsorum Militum, Civium & Burgensium, & nomine omnium Communium Regni nostri Magnæ Britanniæ impetiti & accusati existunt; & ipsi prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, coram Nobis in præsenti Parliamento de Proditione prædict' se esse culpabiles seperatim cognoverunt: Nos considerantes quod Justitia est Virtus excellens & altissimo complacens, Volentesque quod prædict' Jacobus Comes de Derwentwater, Willielmus Dominus Widdrington, Willielmus Comes de Nithisdale, Robertus Comes de Carnwath, Willielmus Vicecomes Kenmure, & Willielmus Dominus Nairn, de & pro Proditione unde ipsi ut præfertur impetit' accusat' & convict' existunt coram Nobis in præsenti Parliamento nostro, secundum Legem & Consuetudinem hujus Regni nostri Magnæ Brittaniæ, & secundum Consuetudinem Parliamenti audiantur, sententientur & adjudicentur cæteraque omnia quæ in hac parte pertinent debito modo exerceantur & exequantur, ac pro eo quod Proceres & Magnates in præsenti Parliamento nostro assemblat' Nobis humilime supplicaverunt ut Senescallum Magnæ Britanniæ pro hac vice constituere dignaremur. Nos de fidelitate, prudentia, provida circumspectione, & industria vestris plurimum confidentes, Ordinavimus & Constituimus vos ex hac Causa Senescallum Magnæ Britanniæ ad Officium illud, cum omnibus eidem Officio in hac parte debit & pertinen' (hac vice) gerend' occupand' & exercend' Et ideo vobis Mandamus quod circa præmissa diligenter intendatis, & omnia quæ in hac parte ad Officium Senescalli Magnæ Britanniæ pertin' & requiruntur hac vice faciatis, exerceatis, & exequamini cum effectu. In cujus rei Testimonium has Literas nostras fieri fecimus Patentes, Teste me ipso apud Westm' Nono Die Februarii, Anno Regni nostri Secundo.
Per ipsum Regem propria Manu Signat'
Wrighte.
God save the King.
Then the Herald and Gentleman Usher of the Black Rod, after three Reverences, kneeling, presented the White Staff to his Grace; and then his Grace, attended by the Herald, Black Rod and Seal-Bearer (making his proper Reverences towards the Throne) removed from the Wooll-Pack to an armed Chair, which was placed on the uppermost Step but one of the Throne, as it was prepared for that purpose, and then seated himself in the Chair, and delivered the Staff to the Gentleman Usher of the Black Rod on his Right Hand, the Seal-Bearer holding the Purse on the Left.
Serjeant at Arms make Proclamation
O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence, upon Pain of Imprisonment.
Then another Proclamation was made, as follows.
O Yes, O Yes O Yes! Lieutenant of the Tower of
London
bring forth your Prisoners to the Bar, according to the Order of the House of Lords to you directed.
Then
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, were all brought to the Bar by the Deputy Governour of the Tower, having the Ax carry'd before them by the Gentleman Jaylor, who stood with it on the Left Hand of the Prisoners, with the Edge turned from him. The Prisoners when they approach'd the Bar, (after kneeling,) bowed to his Grace the Lord High-Steward, and to the House of Peers; which Complement was returned them by his Grace, and the House of Peers.
Read the Articles of Impeachment.
ARTICLES
of Impeachment of High Treason exhibited against
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure,
and
William
Lord
Nairn.
WHEREAS for many Years last a most wicked Design and Contrivance has been formed and carried on, to subvert the ancient and established Government, and the good Laws of these Kingdoms; to extirpate the true Protestant Religion therein Established, and to destroy its Professors; and instead thereof, to introduce and settle Popery and Arbitrary Power; in which unnatural and horrid Conspiracy great Numbers of Persons of different Degrees and Qualities have concerned themselves and acted; and many Protestants, pretending an uncommon Zeal for the Church of
England
, have joined themselves with professed Papists, uniting their Endeavours to accomplish and execute the aforesaid wicked and traiterous Designs:
And whereas it pleased Almighty God in his good Povidence, and in his great Mercy and Goodness to these Nations, to Crown the unwearied Endeavours of his late Majesty King
William
the Third of ever glorious Memory, by making him the Instrument to procure the Settlement of the Crown of these Realms in the Illustrious House of
Hanover
, as the only Means under God to preserve our Religion, Laws and Liberties, and to secure the Protestant Interest of
Europe
; since which happy Establishment the said Conspirators have been indefatigable in their Endeavours to destroy the same, and to make Way for the vain and groundless Hopes of a spurious Impostor and Popish Pretender to the Imperial Crown of these Realms.
And to accomplish these Ends, the most immoral, irreligious and unchristian-like Methods have been taken, but more particularly in the last Years of the Reign of the late Queen
Anne
, during which time all imaginable Endeavours were used by the said Conspirators to prejudice the Minds of the Subjects of this Realm against the Legality and Justice of the said Settlement of the Crown: And for that Purpose the Holy Scriptures were wrested, and the most wholsome Doctrines of the Church of
England
perverted and abused by Men in Holy Orders, in the most publick and scandalous Manner, in order to condemn the Justice of the late happy Revolution; and thereby to sap and undermine the Foundation of the said happy Establishment; and the most notorious Instruments of these wicked Purposes were countenanced by particular Marks of publick Favour and Distinction; false and dangerous Notions of a sole Hereditary Right to the Imperial Crown of these Realms were propagated and encouraged by Persons in the highest Trust and Employments, contrary to the ancient, undoubted and established Laws of these Kingdoms; jesuitical and scandalous Distinctions were invented and publickly inculcated, to enervate the Force and Obligation of those Oaths which had been contrived in the plainest and strongest Terms by the Wisdom of Parliament for the Security of the said Establishment; and to conceal their Designs, and thereby the better to enable them to carry on the same, great Numbers of the said Conspirators of all Ranks and Conditions, pretending a Zeal for the Protestant Succession, openly and voluntarily took the said Oaths; groundless Fears of the Danger of the Church of
England
were fomented throughout these Kingdoms, to disorder the Minds of well-disposed Protestants.
By all which and many other such ungodly Practices of the said Conspirators, the most causeless and dangerous Jealousies and Dissatisfactions were created in the Minds of the good People of this Kingdom, and great Numbers of well-meaning, but deluded Protestants were much disquieted.
But nevertheless these dishonest Methods were pursued by the said Conspirators with indefatigable Industry, as the only Means to weaken the Foundations of the said happy Establishment.
And whereas the Dissolution of the late glorious Confederacy against
France
, and the Loss of the Ballance of Power in
Europe
, were further Steps necessary to compleat the Designs of the said Conspirators; And the same being effected by the late ignominious Peace with
France
, the
French
King was rendred fomidable, and the Protestant Succession was thereby brought into the most imminent Danger; And by these and other pernicious Measures, the Destruction so long intended by the said Conspirators for these poor Nations seemed near at Hand.
At which Time, and under which most deplorable Circumstances, it pleased Almighty God in his infinite Wisdom to call to himself the late Queen
Anne
, and by a Concurrence of many most wonderful Providences to give a quiet and peaceable Accession to his present most Gracious Majesty to the Throne of his Ancestors, to which he was received with one full Voice and Consent of Tongue and Heart, and the united Joy of eve ry good Subject and good Protestant, as their only lawful and rightful Liege Lord; and altho' from the Moment his Majesty Ascended the Throne to this Day, his Reign has been one Series of Wisdom, Justice and Clemency; his Labours Constant, Unwearied and Successful to retrieve the Honour and Reputation of these Nations; to re-establish the Trade and recover the Wealth of his Kingdoms; and although all imaginable Encouragement has been given to the Church of
England
, and all Tenderness shewn even to his Popish Subjects, and his constant Care has been to procure the universal Good of his People; nevertheless the said Conspirators have, by the most vile and impious Methods, renewed their Endeavours to throw these Kingdoms into the utmost Confusion, and to entail endless Miseries on us and our Posterities: For these Ends many of the above-mentioned most wicked and dangerous Practices have been repeated with the utmost Industry and Inveteracy, to delude, disorder, and corrupt the Minds of his Majesty's good Subjects; the most groundless Jealousies have been fomented against his wise and happy Administration, and in many Parts of his Kingdoms the most unnatural, unexampled Riots and Tumults, by the secret and malicious Endeavours of the said Conspirators, have been procured, stirred up, and encouraged against his peaceable Protestant Subjects, under false Pretences of Zeal for the Church of
England
, and thereby more effectually to delude his good Subjects, and seduce them from their Allegiance, and prepare them for an open Rebellion.
And the said Conspirators having at length resolved to deprive these Nations of the invaluable Blessings which they now enjoy under the wise and gentle Reign of His present most Gracious Majesty King
George
, and of the certain Prospect of Happiness which they have for their Posterity, in a Succession of Princes derived from himself; did contrive, confederate and resolve to put their most malicious wicked and traiterous Designs into immediate Execution; for which purpose,
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, together with
Thomas Forster
, Jun. the Lord
Charles Murray, Edward Howard, Thomas Errington, John Clavering, William Shaftoe
, Sir
Francis Anderton, Ralph Standish, Richard Townly, Thomas Butler, Thomas Walton, Gabriel Hasket, Richard Gascoigne
, and diverse other Persons, as false Traytors to His present most Sacred Majesty King
George
, the only lawful and undoubted Sovereign of these Kingdoms, having withdrawn their Allegiance, and cordial Love, and true and due Obedience, which they as good and faithful Subjects owed to His said Majesty, did, in or about the Months of
September, October
, or
November
1715, most wickedly, maliciously, falsely and traiterously imagine and compass the Death of His said most Sacred Majesty.
And for the Accomplishing and Executing their said Traiterous Purpose, they the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, did, in or about the said Months or some of them, and at diverse other Times, and in diverse Places within this Kingdom, wickedly and traiterously agree, confederate, conspire, and resolve together, with many other evil-disposed Persons, to raise, excite, and levy within the Counties of
Teviotdale, Northumberland, Cumberland
, and the County
Palatine
of
Lancaster
, and elsewhere within this Kingdom, a most Cruel, Bloody, and Destructive War, against his Majesty, in order to depose and murther his Sacred Majesty, and to deprive him of his Royal State, Crown and Dignity.
And the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure, William
Lord
Nairn
, their Accomplices and Confederates, in or about the Months aforesaid, in the Counties aforesaid, or some of them, did gather together great Numbers of His Majesty's Subjects, and with them did assemble in a warlike and traiterous Manner, in order to raise Tumults and Rebellion within this Kingdom; and having procured great Quantities of Arms, Ammunition and warlike Instruments, at the Times and Places aforesaid, or some of them, did form and compose, or did assist in the Forming and Composing an Army of Men, consisting of his Majesty's Liege Subjects, in order to wage War against his said Majesty, for and in behalf and in favour of the said Pretender to the Crown of these Realms; And the said last mentioned Conspirators, their Accomplices and Confederates, at the Time and Times and Places aforesaid, and at divers other Times and Places within this Kingdom, did maliciously and traiterously make, levy, and raise War and Rebellion against His most Sacred Majesty, and in a warlike and hostile Manner did march thro' and invade several Parts of this Kingdom, and did unlawfully take and seize the Horses and other the Goods and Chattels of many of the peaceable and good Subjects of His Majesty, and in other Places did take and seize, from his Majesty's faithful Subjects, Guns, and other warlike Instruments, for the carrying on their traiterous Purposes.
And the said last mentioned Conspirators, their Complices and Confederates, during their March and Invasion aforesaid, in open Defiance of His most Sacred Majesty's just and undoubted Title to the Imperial Crown of these Realms, did wickedly and traiterously Cause and Procure the said Pretender to be proclaimed, in the most publick and solemn Manner, as King of these Realms; and in several Places in the Counties aforesaid, or some of them, did unlawfully take and seize from His Majesty's Officers of the Revenue the publick Mony, for the Use and Service of the said Pretender; and tho' many of the Conspirators are avowed Professors of the Popish Religion, yet the more effectually to cover and disguise their most wicked and traiterous Designs, and to delude His Majesty's Subjects, they did prevail on and procure several Men in Holy Orders, Ministers of the Church of
England
, and who had before that time abjured the said Pretender, to Accompany, Countenance and Abet the said most traiterous Enterprize, and in several Places in the Counties aforesaid, where the said Conspirators, their Complices and Confederates then were, to pray for the said Pretender in the publick Churches, as King of these Realms.
That the said last mentioned Conspirators, their Accomplices and Confederates, did, on or about the Ninth, Tenth, Eleventh, Twelfth or Thirteenth of
November
aforesaid, Traiterously seize and possess themselves of the Town of
Preston
in the County
Palatine
of
Lancaster
against His Majesty, and did then and there in a warlike and hostile Manner levy War, Oppose, Engage and Fight against His Majesty's Forces; and did then and there cause and procure a Miserable and horrid Slaughter and Murther of many of His Majesty's faithful Subjects.
All which Treasons and Crimes abovementioned were Contrived, Committed, Perpetrated, Acted and Done, by the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure, William
Lord
Nairn
, and other the Conspirators aforesaid, against Our Sovereign Lord the King, His Crown and Dignity; and contrary to the duty of their
Allegiance
, and against the Laws and Statutes of this Kingdom.
Of all which Treasons and Crimes, the Knights, Citizens and Burgesses in Parliament Assembled, do, in the name of themselves and of all the Commons of
Great Britain
, Impeach the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure, William
Lord
Nairn
, and every of them.
And the said Commons by Protestation saving to themselves the liberty of exhibiting at any time hereafter any other Accusations or Impeachments against the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, or any of them; and also of Re plying to the Answers which the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, or any them, shall make to the Premisses, or any of them, or to any Impeachment or Accusation that shall be by them Exhibited according to the course and proceedings of Parliament; And do pray that the said
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, be put to Answer all and every the Premisses; And that such Proceedings, Examinations, Tryals and Judgments may be upon them and every of them had and used as shall be agreeable to Law and Justice.
Read the Orders of the House of Lords of the Nineteenth of
January
last.
Die Jovis 19 Januarii
, 1715.
THE Order of the Day being read, for bringing
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, George
Earl of
Winton, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, to this House, in order to their putting in their several Answers to the Articles of Impeachment of High Treason Exhibited against them by the House of Commons:
The said Earl of
Derwentwater
was brought to the Bar by the Gentleman Usher of the Black-Rod, where he kneeled until the Lord Chancellor directed him to rise; and his Lordship acquainted him with the abovementioned Order, and demanded of him if he was ready to put in his Answer, which he said he was, and delivered the same at the Bar.
Which Answer of the said Earl of
Derwentwater
was read, and is as follows.
The Answer of
James
Earl of Derwentwater, to the Articles of Impeachment of High Treason exhibited against him by the Honourable the Knights, Citizens, and Burgesses of
Great Britain
in Parliament Assembled.
TO a Charge of so high and heinous a Nature the said Earl cannot Answer without the deepest Concern and Affliction, which becomes more weighty from the Share the Honourable House of Commons have been pleased to take in the Accusation; He assures himself however, that Great Assembly doth not engage in the Prosecution of an Offence, so open to Conviction in the ordinary Course of Law, with design to intercept that Mercy which the Earl, from the Report of His Majesty's natural Goodness, had reason to expect. It would be a Thought unworthy any Member of that August Body, to imagine he could have the least desire of spilling the Blood of any of his Fellow-Subjects, whom his Majesty's great Wisdom should think a fit Object of his Mercy; the said Earl therefore hopes that his Prosecution is taken out of the common Course of Justice, with Intentions that if in his particular Case there shall appear any Circumstances inducing Favour or Compassion, both your Lordships and the Commons may be Intercessors with his Majesty for Grace towards him; whereby the Exercise of the Royal Mercy, upon which the Earl depended (which amongst all the Virtues of the Crown most endears a Monarch to the Love and Affection of his People) may be extended in such Manner as may demonstrate that Clemency for which his Majesty is so greatly renowned, and not encourage any to Offend upon the Presumption of it for the future. The said Earl Acknowledges, with a real Sorrow, that at the time in the Articles mentioned he was in Arms, and with others did March through and invade several Parts of this Kingdom; and Confesses
he is thereby guilty of the Offence wherewith he is charged in the said Articles
. But if any Offence of that kind was ever attended with Circumstances which might move Compassion, the said Earl hopes he may be intitled to it: He begs Leave to inform your Lordships, That his Temper and Inclination disposed him to live peaceably under His Majesty's Government, and he never had the least Prejudice or Malice against his Person, nor was he ever heretofore concerned in or privy to any Design or Contrivance to subvert or disturb the Established Government, the Laws or Religion of this Kingdom; and if any Methods were taken by others to accomplish any of those Ends, he was absolutely a Stranger to them; nor did he now Engage in this Unhappy Undertaking upon any previous Concert or Contrivance for any such purpose; but being Young and Unexperienced, he rashly, and without any Deliberation, engaged himself to meet at
Plainefield
in
Northumberland
, on Assurance that many of his Relations and Acquaintance would appear there; that his Undertaking was sudden, appears in that he engaged in it without any previous Preparation of Men, Horses, Arms, or other Warlike Accoutrements; and as the said Earl cannot be justly reproached with any Cruel, Severe, or Harsh Action during the Continuance in Arms, so he took the first Opportunity that offered of submitting to the King's Mercy. After the sudden Skirmishes at
Preston
, the said Earl, with others, was sollicitous to prevent any further Destruction of the Lives of his Majesty's Subjects, and instrumental to induce all in Arms to submit themselves to the King, provided they might be secured of their Lives. One of his Majesty's Officers, sent from the General, gave them Encouragement to believe, that the Surrender of themselves would be the ready way to obtain the King's Mercy: In Confidence whereof, when a Cessation was agreed on, the said Earl offer'd himself to become one of the Hostages for them till the next Morning, in which time he received further Assurances from the Officers, that the King was a Prince of known Clemency; that this was a distinguishing part of his Character, and that the free Surrender to Mercy would be the most proper means to obtain it. The said Earl believes his Majesty's Officers were very sensible, and will be so just as to acknowledge, that it had not been impracticable for many of those at
Preston
to make their way through his Majesty's Forces; but this Attempt must have occasioned the loss of many Lives, and might have been productive of ill Consequences to the Government, which the said Earl was desirous to prevent; and when the time agreed on for the Cessation was near expired, and General
Wills
seemed uneasie in not having received any Message from those in the Town, the said Earl writ a Letter to exhort them to surrender to the King's Mercy; and at the same time declared to the said General, and other Officers, that whatever happened, he was determined to continue with them, and rely entirely on his Majesty's Clemency and Goodness, which he had Encouragement to expect; and in such Circumstances the said Earl cannot distrust your Lordships or the Commons readiness, to use their Mediation for Mercy on his behalf, which will lay him under the highest Obligations of Duty and Affection to his Majesty, and perpetual Gratitude to both Houses of Parliament.
Derwentwater
.
The Material Words of which Answer appearing not to be sufficiently express and clear, the Lord Chancellor asked the said Earl if he meant by the said Answer to plead Guilty to the said Articles of Impeachment.
He said he did, and submitted to the King's Mercy, and humbly desired their Lordships Intercession to his Majesty; and his said Answer and Plea was Recorded accordingly.
And he withdrew.
Then the Lord
Widdrington
was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the aforementioned Order, and ask'd the same Question as the Earl of
Derwentwater
; and he likewise delivered in his Answer, which was read as follows:
The Answer of
William
Lord
Widdrington
to the Articles of Impeachment of High Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of
Great Britain
in Parliament assembled.
IT is with inexpressible Concern and Affliction the said Lord appears before this August Assembly charged with Crimes of the most heinous Nature; and though it is Natural to Mankind to endeavour to conceal their Guilt, and make use of all manner of Defence, especially in the case of Life, yet as he surrendred himself at
Preston
, intirely relying on his Majesty's Mercy, so he is now resolved not to take any Measures which may argue the least Diffidence of that Mercy, or of your Lordships Goodness; and therefore the said Lord confesses he is Guilty of the Treason wherewith he is charged in the said Articles; and after having thus freely acknowledged his Offence, he begs leave to lay his Case before your Lordships, and humbly hopes when the particular Circumstances are considered, it will not be thought to Merit the most rigorous Punishment, but that both your Lordships, and the Honourable House of Commons, will look upon him as a proper Object of his Majesty's Clemency; and he humbly hopes he may not be thought the less unworthy of Favour, in that he never before Offended, nor was at any time privy to, or acquainted with any Design or Contrivance to destroy or disturb the Established Government, the Laws or Religion of this Kingdom, but came unawares into this sudden and unpremeditated Action; for although he had met with Publick Rumours and Reports of intended Invasions from Abroad, and Insurrections at Home, yet he never knew, or any other way heard of any formed Design against the Government, till he was told the Night before of a Meeting intended at
Plainfield
in
Northumberland
on the Sixth of
October
last; and being soon after informed, that almost all his Neighbours and Acquaintance had there met in Arms, he took a hasty and inconsiderate Resolution of joining them; nor was he in any sort prepared for such an Undertaking, having only some of his own Family with him, no Arms but his common Fowling-Pieces and wearing Swords, and fewer Horses than he had constantly kept for several Years before; and nothing but the Report of so many of his Friends being engaged could have hurried him on to an Enterprize so unaccountably Rash and Unjustifiable; and he is willing to hope your Lordships will esteem it some Alleviation of his Crime, that in a Commotion of that Nature there was so little Violation of the Rights and Properties of those who opposed them; for he believes few Instances can be found, where such a Multitude continued so long in Arms without doing greater Acts of Violence and Injustice. The said Lord cannot charge himself with any injurious Acts to the Property of his Fellow-Subjects, and endeavoured to prevent them in others; and hopes it was thence owing in some Measure, that there was shown all along greater Marks of Moderation and Humanity, than is common in such a Warlike and Hostile Proceeding. The Suddenness of the Attack at
Preston
, without any previous Summons, admitted no time for mediating a Submission before the loss of that Blood which was there unfortunately spilt; but after the Heat and Surprize of the first Action was over, a Cessation of Arms was desired, and upon the mutual Messages which then passed, the Officers sent from the General encouraged them to believe the surrendring themselves would be the ready way to obtain the King's Mercy, and gave them repeated Assurances, that they submitted to a Prince of the greatest Clemency in the World: Upon these Hopes and Assurances they made a general Surrender of themselves to the King; and the said Lord may justly take notice to your Lordships, that as he was the last who took up Arms, so he was the first who procured a Meeting of the Chief Persons among them, in order to lay them down; and cannot doubt but your Lordships, and the Honourable House of Commons, will think it equitable to make some Distinction between an obstinate Resistance and an early and humble Submission, whereby the Peace and Tranquility of this part of his Majesty's Dominions was intirely restored. Nature must have started at yielding themselves up to a certain and ignominious Death, when it must be acknowledged that it was not impracticable for many of them to have escaped; and it was possible so great a Number grown desperate might have obtained further Success, and thereby prevented the so speedy suppressing that Insurrection; but the said Lord, and the rest, having with the utmost Confidence relied on the Assurances of his Majesty's great Clemency, and the hopes of Mercy, which had been given them from the Officers who commanded the Royal Forces, he is encouraged with great Earnestness to implore the Intercession of your Lordships, and the Honourable House of Commons, with his Majesty, for that Mercy on which they wholly depended; and as he doth not know where Mercy was refused to those who so early and with so much Resignation submitted to it, so he humbly hopes your Lordships may be induced to think, that the Exercise of this Divine Virtue by his Majesty towards those who cast
themselves
at his Royal Feet upon the sole Prospect and Expectation of it, will appear no less Glorious to his Majesty, and prove no less Advantageous to the future Quiet and Tranquility of his Government, than any Examples of Justice in such a Case can be likely to do: And whatever Marks of Goodness and Favour his Majesty shall vouchsafe to the said Lord, will not fail to engage him by the strongest Tyes of Gratitude, to demonstrate in the future course of his Life the most constant and inviolable Duty to his Majesty, and the most real Esteem and Veneration for your Lordships and the Honourable House of Commons.
Widdrington
.
And the said Lord
Widdrington
being asked if he had any thing further to say, he begg'd to be excused all Imperfections in his said Answer, said he had been indisposed with the Gout in his Stomach, and was not able to employ himself in preparing his Answer till last Night, and finished it but this Morning, and humbly implored their Lordships Intercession to his Majesty for Favour and Mercy; and his Answer and Plea was Recorded accordingly.
And he withdrew.
Then the Earl of
Nithisdale
was brought to the Bar, and having there likewise kneeled was acquainted with the forementioned Order, and asked the same Question as the Earl of
Derwentwater
; and he also delivered in his Answer, which was read as follows.
The Answer of
William
Earl of
Nithisdale
, to the Articles of Impeachment of High-Treason Exhibited against him by the Honourable the Knights, Citizens, and Burgesses of
Great Britain
in Parliament Assembled.
IT is with the utmost Confusion the said Earl appears at your Lordships Bar, under the Weight of an Impeachment by the Commons of
Great Britain
for High Treason; he humbly begs Leave, in Extenuation of his Crime, to assure your Lordships that he was always a zealous Asserter of the Liberties of his Country, and never engaged in forming or carrying on any Design to subvert the ancient Established Government and the good Laws of this Kingdom; but being Summoned by those entrusted with the Administration of the Government in
Scotland
to appear at
Edinburgh
, and being assured if he went thither he should be made close Prisoner, he did not obey the Summons; but in all humble Manner applied for their Indulgence in dispensing with his being committed to Goal, offering to give any Bail for his peaceable and quiet Behaviour; which being refus'd, and being at that time in so ill a State of Health, that a Confinement in
Edinburgh
Castle would have endangered his Life, he was forced to abscond, and kept private 'till several of the Persons mentioned in the said Impeachment, with many other of his Neighbours, appeared in Arms very near the Place where the said Earl lay concealed; and then he inconsiderately and unfortunately (with four of his Domesticks and no other Person
whatsoever
) joined them, and proceeded in their Company to the Places in the said Articles of Impeachment mentioned; but he knew nothing of the intended Insurrection 'till they were actually in Arms. The said Earl is deeply sensible of his great Offence, and not affecting Delay, nor being willing to give your Lordships or the Honourable House of Commons any unnecessary Trouble; He does with a Sorrow, equal to his Crime, confess that he is Guilty of the Treason in the said Articles of Impeachment contained, and throws himself at his Majesty's Feet, imploring his Royal Mercy; and to incline His Majesty thereto, and induce your Lordships to recommend him as an Object thereof, he begs Leave to inform your Lordships, that when he, and the rest that were with him at
Preston
, had engaged in a Battle, a Cessation of Arms being agreed to, they had Intimations from His Majesty's Officers, that if they submitted, they might expect the King's Mercy; and History abounding with Instances of Conditions stipulated with Generals, even with Rebels, and afterwards agreed to, and confirmed by their Sovereigns, they were prevailed on by such Encouragement, together with the Consideration of His Majesty's known Clemency, to surrender themselves Prisoners, whereby the Lives of great Numbers of His Majesty's good Subjects were saved, which by an obstinate Resistance would inevitably have been destroyed; and therefore he most humbly begs your Lordships would be pleased to represent his Case to his Majesty in the most favourable Manner; not doubting but by your Lordships powerful Intercession, he shall find, that as he performed the Duty of a good Christian, in concurring to prevent the Effusion of Blood; so he acted the Part of a wise Man in relying upon a Mercy so extensive as that of his Majesty: And he presumes, when the Honourable House of Commons are apprized of the Nature of his Case, they will not interpose to prevent him from having a Share in the Benefit of that Mercy.
Nithisdale.
And the said Earl of
Nithisdale
being asked if he had any thing further to say, he said he had nothing, but to implore the King's Mercy; and his Answer and Plea was recorded accordingly. And he withdrew.
Then the Earl of
Carnwath
was brought to the Bar, and having there likewise kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of
Derwentwater
.
He said he had no Answer in Writing, but desired to throw himself on the King's Mercy, and humbly implored their Lordships Intercession to his Majesty on his behalf; and assured the House, if the same were granted, he should think himself obliged to live under the strictest Tyes of Loyalty to his Majesty; and as to the said Articles, he said he was Guilty of the HighTreason contained in the said Articles of Impeachment against him; and the said Plea was recorded accordingly. And he withdrew.
Then the Viscount
Kenmure
was brought to the Bar, and having there kneeled also, was acquainted by the Lord Chancellor with the forementioned Order, and asked the same Question as the Earl of
Derwentwater
.
He said he had no Answer in Writing, but was Guilty of the Charge of High-Treason contained in the Articles of Impeachment against him, and begged the House would intercede with his Majesty for Mercy; and his Plea was recorded accordingly. And he withdrew.
Then the Lord
Nairn
was brought to the Bar, and having there also kneeled, was acquainted by the Lord Chancellor with the forementioned Order, and ask'd the same Question as the Earl of
Derwentwater
.
He said he threw himself upon the King's Mercy, and begged the Intercession of this House to his Majesty; and as to the Articles of Impeach ment exhibited against him, he said he was Guilty of the High-Treason contained in the said Articles; and his Plea was recorded accordingly.
Then he delivered in a Petition at the Bar, and the same was read as follows.
To the Right Honourable the Lords Spiritual and Temporal in Parliament Assembled.
The Humble Petition of
William
Lord
Nairn
,
Sheweth,
THAT your Petitioner was educated, and hath always continued a Protestant, according to the Discipline of the Church of
England
; and tho', by reason of some mistaken Principles he unwarily imbibed in his tender Years, he did not in all respects conform to the late Revolution, lying under the less Necessity, for that he had married an Heiress, in whom all the Right of your Petitioner's Estate is invested; and tho' he never took the Oaths, yet he always peaceably submitted to, and lived quietly under the Government as by Law Established, until the breaking out of this Rebellion, in which your Petitioner was inadvertently involv'd, but not before the Lord
Mar
, and his Adherents, had for a considerable time made themselves Masters of
Perth
and
Dunkeld
, and thereby surrounded your Petitioner's whole Estate, and came to your Petitioner's House, lying in the middle between those places.
Your Petitioner heartily repents of this rash Undertaking, and solemnly declares he knew nothing of any previous Consultations, or Conspiracies, in favour of the Pretender, before he actually appear'd in Arms; nor knew any thing about crossing the
Forth
, until the Morning he was sent over under
Macintoch's
Command; and then was so far from approving of that Expedition, that tho' to avoid the Imputation of Cowardice he wou'd hazard his own Person therein, your Petitioner ordered back all his Dependents, and was only attended by his Son, and four Servants, who would not leave him in a time of Danger, tho' often desired; nor was your Petitioner privy to any Designs of Marching into
England
, for having been bred a Seaman, he had no Pretensions to Knowledge in the Land Service.
Your Petitioner being now sensible of his Errors, hath pleaded Guilty to the Articles of Impeachment of High-Treason exhibited against him by the Honourable House of Commons, and thrown himself at his Majesty's Feet; humbly beseeching your Lordships, in Commiseration of the deplorable Circumstances of your Petitioner, and his Twelve Children, to recommend him to his Majesty for that Mercy, which at the time of his Surrender he was made to believe he might reasonably expect.
This will lay your Petitioner and his Posterity under the greatest Obligations of Duty and Gratitude to his Majesty, and bind them for ever to bless your Lordships as the merciful Instruments of procuring such a Gracious Deliverance.
And your Petitioner shall ever pray
, &c.
NAIRN
.
And being asked if he had any thing further to say, he said he had not, and withdrew.
My Lords, that are the Prisoners at the Bar, I am to acquaint your Lordships, that upon any Occasion which shall be offered you to speak for your selves, you are to direct your Speech to the Lords in general; and so is any other Person that shall have occasion to speak to this Court.
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, You stand Impeached of High-Treason by the Commons of
Great-Britain
in Parliament assembled; which Treason is contain'd in the Articles that have been lately read; to this you have severally pleaded Guilty, and are thereby Convicted. What say you,
James
Earl of
Derwentwater
, why Judgment should not pass upon you according to Law?
I Only humbly beg leave of my Noble Peers to repeat a few Circumstances mentioned in my Answer to the Articles of Impeachment exhibited against me by the Honourable House of Commons.
But the Terrors of your Lordships just Sentence, which at once deprive me of my Life and Estate, and compleat the Misfortunes of my Wife and innocent Children, are so heavy upon my Mind, together with my Unexperience, that I am scarce able to alledge what may extenuate my Offence, if any thing can do it I have confest my self Guilty; but, my Lords, that Guilt was rashly incurred without any Premeditation, as I hope your Lordships will be convinced by one Particular: I beg leave to observe, I was wholly unprovided with Men, Horses, Arms, and other Necessaries, which in my Situation I could not have wanted, had I been privy to any formed Design: As my Offence was sudden, so my Submission was early; when his Majesty's Generals thought fit to demand Hostages for securing the Terms of the Cessation, I voluntarily offered my self, without which the Cessation might possibly have proved ineffectual: And whilst I continued Hostage, the great Character of his Majesty's Clemency, and the repeated Encouragement I had to hope for Mercy, by surrendring to it, soon determined me, and I accordingly declared my Resolution to remain with his Majesty's Forces, and from that time submitted my self to his Goodness, on which I still entirely depend. I humbly hope to obtain the Mediation of your Lordships, and of the Honourable House of Commons, in my behalf; solemnly protesting my future Conduct shall show me not altogether unworthy your Generous Compassion for my Life, which is all I can beg of his Majesty.
My Lord
Derwentwater
, your Lordship's Voice hath not been perfectly heard to this end of the Court, therefore I ask you whether you have pleaded any thing in Arrest of Judgment.
No, my Lords.
Lord
Widdrington
, what have you to say for your self why Judgment should not pass upon you according to Law?
MY Lords, I have abandoned all manner of Defence ever since I first surrendered my self to his Majesty's Royal Clemency, and only now beg leave to repeat to your Lordships some Circumstances of my unhappy Case, which I have already set forth in my Answer.
Your Lordships see before you an unfortunate Man, who after leading a private and retired Life for many Years, has by one rash and inconsiderate Action exposed himself and his Family to the greatest Calamities and Misery, and is now upon the point of receiving the severest Sentence directed by any of our
English
Laws.
I do protest to your Lordships, that I was never privy to any concerted Measures against his Majesty's Royal Person, or the established Government: As to the Insurrection in
Northumberland
, I only heard of it accidentally the Night before it happened, and being soon after informed that all my Neighbours and Acquaintance had met in Arms, a crowd of confused and mistaken Notions hurried me at once into a precipitate Resolution of joyning them; a Resolution, which, I must own, I could never since calmly reflect upon without part of that Confusion I find my self under in the publick Acknowledgement of so much Rashness and Folly. After thus plunging out of my Depth, as unprepared for such an Enterprize as the Action was unpremeditated, I cannot for my own particular, upon the strictest Recollection, charge my self with any Violation of the Properties of my Fellow-Subjects: But on the contrary, I always endeavour'd to encourage Humanity and Moderation during the whole course of our miserable Expedition; and in order to make the best Atonement in my Power for the great Fault I had been Guilty of, I can justly say, that I was in no small Degree instrumental in procuring a general Submission to his Majesty. But, my Lords, however willing or desirous, either I or any others might be to put a speedy End to those unfortunate Troubles; Self-preservation, the first and most powerful Law of Nature, would have rendred the Proposal vain and fruitless, had not the Officers who commanded the Royal Forces given us Hopes of Mercy, and assured us we submitted to a Prince of the greatest Clemency in the World. These Hopes, and this Assurance, answered the strongest Objections, overcame all remaining Difficulties, and gave the finishing Stroke to a general Surrender, whereby the further Effusion of
British
Blood was prevented, and a perfect Tranquility restored to these Parts of his Majesty's Dominions.
My Lords, as this my first Attempt was rash and unpremeditated, as I always used and promoted Moderation and Humanity towards my Fellow-Subjects, and as I did not obstinately persist in my Fault, but was the first who proposed an early Submission to his Majesty, I humbly hope my unhappy Case, and the deplorable Condition of my unfortunate Children, already deprived of their tender Mother, will raise a generous Compassion in your Lordships, and the Honourable House of Commons; and I most earnestly entreat both your Lordships, and that Honourable House, to become Intercessors with his Majesty in my behalf, for that Mercy which I was encouraged to hope for when I first surrendred, and which I have ever since with the utmost Confidence relied upon.
I have only to add my most Solemn Assurance before this August Assembly, that no future time shall ever find me wanting in the most inviolable Duty and Gratitude to that merciful Prince who gives me my Life, and restores a Father to five miserable and distressed Orphans; and I shall always retain the highest Esteem and Veneration for your Lordships and the Honourable House of Commons.
Lord
Widdrington
, for greater certainty I ask your Lordship whether you have pleaded any thing in Arrest of Judgment.
No, my Lords, I have not.
Earl of
Nithisdale
, what hath your Lordship to say for your self why Judgment should not pass upon you according to Law?
MY Lords, I have confessed my self Guilty, relying only on His Majesty's Mercy; and I beg leave to assure your Lordships I was never privy to any Plot or Design against His Majesty's Person or Government, and was unprovided with any Necessaries for such a Purpose; but rashly and inconsiderately, with only four of my Servants, joined those who appeared in Arms in my Neighbourhood, and was one of the last who went unto them.
At
Preston
, my Lords, His Majesty's Generals gave great Hopes and Encouragement to believe that Surrendering to His Majesty's Mercy was the ready way to obtain it, with repeated Assurances that His Majesty was a Prince of the greatest Clemency.
Upon those Hopes and Assurances I submitted my self, and still entirely depend on His Majesty's Goodness, earnestly beseeching your Lordships and the honourable House of Commons, to intercede with His Majesty on my Behalf.
And I solemnly promise your Lordships I shall, during the remainder of my Life, pay the utmost Duty and Gratitude to His Most Gracious Majesty, and the highest Veneration and Respect to your Lordships and the honourable House of Commons.
I must also ask your Lordship (your Lordship's Voice not reaching thus far) whether you have pleaded any thing in Arrest of Judgment.
No, my Lords, I have not.
Lord
Carnwath
, what have you to say for your self why Judgment should not pass upon you according to Law?
MY Lords, I shall not trouble this Great Assembly with a Repetition of what I said, when formerly before your Lordships and his Majesty's Council.
I hope these Noble Lords entertain that favourable Opinion of my sincere Dealing then, as to believe that want of Experience and Knowledge of the Laws was the great Inducement of engaging me in this fatal and unhappy Undertaking.
The only thing I can hope or wish for is his Majesty's Mercy; He has the Character of a merciful Prince: Should it please him to think me a proper Object for it, (tho' I must confess my self a very unworthy one) all I can say, my Lords, is, that the Remainder of my Life shall convince his Majesty, and all the World, of my true Penitence and Gratitude.
My Lords, I am yet an unworthy Member of this great Body, the Peerage, now expecting your Lordships Judgment as to Life or Death: Should it be for Life, my Demeanour and Carriage for the future will be such, as none of your Lordships shall be asham'd of having shew'd me Compassion; But shou'd it be for Death, God's Will be done; To my last Hour I shall pray for the Nation's and your Lordships Prosperity; having this Comfort in my present Distress, that your Lordships are my Judges at this Tribunal: And yet a greater Comfort have I, that I am soon to appear before a Greater, where I can't despair of finding Mercy and Forgiveness for all my Sins.
I beg God Almighty's Pardon for them: I have already ask'd his Majesty's, and I do it now; And I do humbly beg leave, once more, and perhaps the last Occasion that ever I shall have, to desire that your Grace, this noble House, and the honourable Commons of
Great Britain
, who are now here, would intercede with his Majesty for me.
I take my Leave of your Lordships, And wish you all Happiness.
Does your Lordship offer any thing in Arrest of Judgment?
No, my Lords.
Lord
Kenmure
, what have you to say for your self why Judgment should not pass upon you according to Law?
MY Lords, I am truly sensible of my Crime, and want Words to express my Repentance. God knows I never had any personal Prejudice against his Majesty, nor was I ever accessary to any previous Design against him. I humbly beg my noble Peers and the honourable House of Commons to intercede with the King for Mercy to me, that I may live to show my self the dutifullest of his Subjects, and to be the Means to keep my Wife and Four small Children from starving; the Thoughts of which, with my Crime, makes me the most unfortunate of all Gentlemen.
My Lord, your Voice not being heard to this End of the Court, I would know whether in what you have said you have offered any thing in Arrest of Judgment.
No, my Lords.
Lord
Nairn
, what have you to say for your self why Judgment should not pass upon you according to Law?
I Am very sensible how unfit I am to plead my own Cause before your Grace (my Lord High-Steward) and this August Assembly, and therefore, tho' I could say much to extenuate the Crime for which I stand Impeached, yet I chuse rather to lay my whole Stress upon the King's Mercy for which he is so renowned, and which I was put in hopes of at the time of my Surrender. In Consideration whereof, and in Compassion to an afflicted Wife and Twelve Children, I still hope, by the Mediation of your Grace, my noble Lords, and the honourable House of Commons, I may obtain it, solemnly protesting, that in Gratitude for so signal a Deliverance, I will, to the End of my Life, remain a dutiful and obedient Subject to His most Gracious and Sacred Majesty King
George
.
My Lord, for greater Certainty, I ask your Lordship whether you have offered any thing in Arrest of Judgment.
No, my Lords.
O Yes, O Yes, O Yes! Our Sovereign Lord the King strictly charges and commands all manner of Persons to keep Silence upon Pain of Imprisonment.
JAmes
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount of
Kenmure, William
Lord
Nairn
,
You stand Impeached, by the Commons of
Great Britain
in Parliament assembled, of High Treason, in Traiterously imagining, and compassing the Death of his most Sacred Majesty, and in conspiring for that end to levy a bloody and destructive War against his Majesty, in order to Depose and Murder him; and in levying War accordingly, and proclaiming a Pretender to his Crown to be King of these Realms.
Which Impeachment, though one of your Lordships, in the Introduction to his Plea, supposes to be out of the ordinary and common Course of the Law and Justice, is yet as much a Course of Proceeding according to the Common Law, as any other whatsoever.
If you had been Indicted, the Indictment must have been removed and brought before the House of Lords (the Parliament sitting). In that case you had ('tis true) been accused only by the Grand Jury of one County; in the present, the whole Body of the Commons of
Great Britain
, by their Representatives, are your Accusers.
And this Circumstance is very observable (to exclude all possible Supposition of Hardship as to the Method of proceeding against you), That however all great Assemblies amongst us are apt to differ on other Points, You were Impeached by the unanimous Opinion of the House of Commons (not one contradicting).
They found themselves, it seems, so much concern'd in the Preservation of His most truly Sacred Majesty, and the Protestant Succession (the very Life and Soul of these Kingdoms) that they could not omit the first Opportunity of taking their proper part, in order to so signal and necessary an Act of his Majesty's Justice.
And thus the whole Body Politick of this free Kingdom has in a manner rose up in its own Defence, for the Punishment of those Crimes, which, 'twas rightly apprehended, had a direct Tendency to the everlasting Dissolution of it.
To this Impeachment you have severally pleaded, and acknowledged your selves Guilty of the High-Treason therein contain'd.
Your Pleas are accompanied with some variety of Matter, to mitigate your Offences, and to obtain Mercy.
Part of which; as some of the Circumstances said to have attended your Surrender, (seeming to be offer'd rather as Arguments only for Mercy, than any thing in Mitigation of your preceding Guilt) is not proper for me to take Notice of.
But as to the other part which is meant to extenuate the Crimes of which you are convicted, it is fit I should take this Occasion to make some Observations to your Lordships upon it; To the end that the Judgment to be given against you may clearly appear to be Just and Righteous, as well as Legal; and that you may not remain under any fatal Error in respect of a greater Judicature, by reflecting with less Horror and Remorse on the Guilt you have contracted than it really deserves.
It is alledg'd by some of your Lordships, that you engaged in this Rebellion without previous Concert or Deliberation, and without suitable Preparations of Men, Horses and Arms.
If this should be supposed true, on some of your Lordships averring it; I desire you to consider, that as it exempts you from the Circumstance of contriving this Treason, so it very much aggravates your Guilt in that part you have undoubtedly born in the Execution of it.
For it shows, That your Inclinations to Rebel were so well known (which could only be from a continued Series of your Words and Actions) that the Contrivers of that Horrid Design depended upon you, and therein judg'd rightly: That your Zeal to engage in this Treason was so strong, as to carry you into it on the least Warning, and the very first Invitation: That you would not excuse your selves by want of Preparation, as you might have done; And that rather than not have a share in the Rebellion, you would plunge your selves into it, almost naked and unprovided for such an Enterprize: In short, That your Men, Horses, and Arms were not so well prepared, as they might, and would have been on longer Warning; but your Minds were.
It is alledg'd also as an Extenuation of your Crime, that no cruel or harsh Action (I suppose is meant no Rapine or Plunder, or worse) has been committed by you.
This may, in part only, be true. But then your Lordships will at the same time consider, that the laying waste a Tract of Land bears but a little proportion in point of Guilt, compared with that Crime of which you stand convicted; an open Attempt to destroy the best of Kings, to ruin the whole Fabrick, and raze the very Foundations of a Government, the best suited of any in the World, to perfect the Happiness, and support the Dignity of Human Nature: The former Offence causes but a Mischief, that is soon recover'd, and is usually pretty much confin'd; the latter, had it succeeded, must have brought a lasting and universal Destruction on the whole Kingdom.
Besides, much of this was owing to Accident; your March was so hasty, partly to avoid the King's Troops, and partly from a vain Hope to stir up Insurrections in all the Counties you passed through, that you had not time to spread Devastation, without deviating from your main, and, as I have observ'd, much worse Design.
Farther. 'Tis very surprizing that any concern'd in this Rebellion should lay their ingaging in it on the Government's doing a necessary, and usual Act in like cases, for its Preservation; the giving Orders to confine such as were most likely to join in that Treason: 'Tis hard to believe that any one should Rebel, merely to avoid being restrain'd from Rebelling; or that a gentle Confinement would not much better have suited a crazy State of Health, than the Fatigues and Inconveniencies of such long and hasty Marches in the depth of Winter.
Your Lordships rising in Arms therefore, has much more justify'd the Prudence and Fitness of those Orders, than those Orders will in any wise serve to mitigate your Treason. Alas! happy had it been for all your Lordships had you fallen under so indulgent a Restraint!
When your Lordships shall in good earnest apply your selves to think impartially on your Case, surely you will not your selves believe, that 'tis possible, in the nature of the thing, to be engaged, and continue so long engaged, in such a difficult and laborious Enterprize, through Rashness, Surprize, or Inadvertency: Or that, had the Attack at
Preston
been less sudden, (and consequently the Rebels better prepared to receive it) your Lordships had been reduced the sooner, and with less, if not without any Bloodshed.
No, my Lords; these, and such like, are artful Colourings proceeding from Minds fill'd with Expectation of continuing in this World; and not from such as are preparing for their Defence before a Tribunal, where the Thoughts of the Heart, and the true Springs and Causes of Actions, must be laid open.
And now, my Lords, having thus removed some false Colours you have used; To assist you yet farther in that necessary Work of thinking on your great Offence as you ought, I proceed to touch upon several Circumstances that seem greatly to aggravate your Crime, and which will deserve your most serious Consideration.
The Divine Virtues ('tis one of your Lordships own Epithets) which all the World as well as your Lordships acknowledge to be in His Majesty, and which you now lay claim to, ought certainly to have with-held your Hands from endeavouring to depose, to destroy, to murder that most Excellent Prince; so the Impeachment speaks, and so the Law construes your Actions; and this is not only true in the Notion of Law, but almost always so in Deed and Reality: 'Tis a trite, but very true Remark, That there are but few Hours between Kings being reduced under the Power of Pretenders to their Crown, and their Graves. Had you succeeded, His Majesty's Case would, I fear, have hardly been an Exception to that general Rule, since 'tis highly implorable, that Flight should have saved any of that Illustrious and Valiant Family.
'Tis a farther Aggravation of your Crime, that his Majesty, whom your Lordships would have Dethron'd, affected not the Crown by Force, or by the Arts of Ambition, but succeeded peaceably and legally to it; and on the Decease of her late Majesty without Issue, became undoubtedly the next in course of Descent capable of succeeding to the Crown, by the Law and Constitution of this Kingdom; as it stood declared some Years before the Crown was expresly limited to the House of
Hanover
. This Right was acknowledg'd, and the Descent of the Crown limited or confirmed accordingly, by the whole Legislature in two successive Reigns; and more than once in the later, which your Lordships Accomplices are very far from allowing, would biass the Nation to that side.
How could it then enter into the heart of Men, to think that private Persons might with a good Conscience endeavour to subvert such a Settlement, by running to tumultuary Arms; and by intoxicating the dreggs of the People, with contradictory Opinions, and groundless Slanders; or that God's Providence would ever prosper such wicked, such ruinous Attempts?
Especially if in the next place it be consider'd, that the most fertile Inventions on the side of the Rebellion, have not been able to assign the least shadow of a Grievance as the Cause of it: To such poor Shifts have they been reduced on this Head, that for want of better Colours, it has been objected, in a solemn manner, by your Lordships Associates, to his Majesty's Government; That his People do not enjoy the fruits of Peace as our Neighbours have done since the last War: Thus they first rob us of our Peace, and then upbraid us that we have it not. 'Tis a Monstrous Rebellion that can find no fault with the Government it Invades, but what is the Effect of the Rebellion it self.
Your Lordships will likewise do well to consider what an additional Burthen your Treason has made necessary on the People of this Kingdom; who wanted, and were about to enjoy some Respite: To this end, 'tis well known, that all new, or encrease of Taxes, were the last Year carefully avoided, and his Majesty was contented to have no more Forces than were just sufficient to attend his Person, and shut the Gates of a few Garrisons.
But what his Majesty thus did for the Ease and Quiet of his People, you most ungratefully turn'd to his Disadvantage, by taking Encouragement from thence, to endanger his and his Kingdoms Safety, and to bring Oppression on your Fellow-Subjects.
Your Lordships observe I avoid expatiating on the Miseries of a Civil War, a very large and copious Subject; I shall but barely suggest to you on that Head, that whatever those Calamities may happen to be in the present case, All who are at any Time or in any Place Partakers in the Rebellion (especially Persons of Figure and Distinction) are in some degree responsible for 'em: and therefore your Lordships must not hold your selves quite clear from the Guilt of those Barbarities which have been lately committed, by such as are engaged in the same Treason with you, and not yet perfectly reduced, in burning the Habitations of their Countrymen, and thereby exposing many Thousands to Cold and Hunger in this rigorous Season.
I must be so just to such of your Lordships, as profess the Religion of the Church of
Rome
, that you had one Temptation, and that a great one, to engage you in this Treason, which the others had not; in that 'twas evident, Success on your part must for ever have establish'd Popery in this Kingdom, and that probably you could never have again so fair an Opportunity.
But then, good God! how must those Protestants be cover'd with Confusion, who enter'd into the same Measures, without so much as capitulating for their Religion (that ever I could find from any Examination I have seen or heard) or so much as requiring, much less obtaining a frail Promise, that it should be Preserv'd, or even Tolerated.
It is my Duty to exhort your Lordships thus, to think of the Aggravations as well as the Mitigations (if there be any) of your Offences; and if I could have the least Hopes, that the Prejudices of Habit and Education would not be too strong for the most Earnest and Charitable Entreaties; I would beg you not to rely any longer on those Directors of your Consciences, by whose Conduct you have, very probably, been led into this miserable Condition; but that your Lordships would be assisted by some of those Pious and Learned Divines of the Church of
England
, who have constantly bore that infallible Mark of sincere Christians, Universal Charity.
And now, my Lords, nothing remains, but that I pronounce upon you, (and sorry I am that it falls to my Lot to do it) that terrible Sen tence of the Law, which must be the same that is usually given against the meanest Offender in the like Kind.
The most ignominious and painful Parts of it are usually remitted by the Grace of the Crown to Persons of your Quality; but the Law in this Case being deaf to all Distinctions of Persons, requires I should Pronounce; and accordingly it is adjudg'd by this Court,
That you,
James
Earl of
Derwentwater, William
Lord
Widdrington, William
Earl of
Nithisdale, Robert
Earl of
Carnwath, William
Viscount
Kenmure
, and
William
Lord
Nairn
, and every of you, return to the Prison of the
Tower
from whence you came; from thence you must be drawn to the Place of Execution; when you come there, you must be hang'd by the Neck, but not till you be Dead; for you must be cut down alive, then your Bowels must be taken out, and burnt before your Faces; Then your Heads must be sever'd from your Bodies, and your Bodies divided each into four Quarters; and these must be at the King's disposal.
And God Almighty be Merciful to your Souls!
O Yes! Our Sovereign Lord the King strictly Charges and Commands all manner of Persons to keep Silence, upon Pain of Imprisonment.
Then the Lord High Steward stood up uncover'd, and declaring there was nothing more to be done by Vertue of the present Commission, broke the Staff, and pronounced it dissolv'd: And then leaving the Chair, came down to the Wooll-Pack, and said, Is it your Lordships Pleasure to Adjourn to the House of Lords?
Ay, Ay.
And then the House Adjourn'd to the House Above, and the Lords and others returned in the same Order they came down.
FINIS.
BY Vertue of an Order of the
House
of
Lords
of the 24th of
April
Instant, I do appoint
Edmund Parker
and
Jacob Tonson
to Print the
Report, Appendix
, and other
Proceedings
hereunto annexed; and that no other Person do presume to Print the same.
Macclesfield
C.
A REPORT FROM THE LORDS COMMITTEES TO WHOM THE REPORT and ORIGINAL PAPERS Delivered by the HOUSE of COMMONS
at several Conferences were Referred
, And who were Impowered by the HOUSE of LORDS TO EXAMINE
Christopher Layer
, and such other Persons as they from time to time should think proper; and to whom several
Informations
and
Papers
laid before the House by His
Majesty's Command
relating to the Conspiracy mentioned in His Majesty's Speech at the Opening of this Parliament, to be carrying on against his Person and Government, were referred.
Which REPORT was made by
His Grace
the DUKE of
DORSET
On
Tuesday
the Twenty Third of
April, 1723.
Together with the APPENDIX, containing Examinations, Letters and other Papers referred to in the said Report. AS ALSO The RESOLUTION of the House thereupon, and the Thanks given to the Lords Committees by the Lord Chancellor by Order of the House.
Publish'd by Order of the
House
of
Lords
.
London
: Printed for
Edmund Parker
in
Lombard-Street
, and
Jacob Tonson
in the
Strand
. MDCCXXIII.
Die Mercurii
24[deg]
Aprilis
1723.
THE House (according to Order) took into Consideration the Report from the Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were Impowered by this House to Examine
Christopher Layer
and such other Persons as they from time to time should think proper: And the said Report being read, It is resolved by the Lords Spiritual and Temporal in Parliament Assembled, That this House is fully satisfyed and convinced, That a Detestable and Wicked Conspiracy has been formed and carried on, for solliciting a Foreign Force to Invade these Kingdoms, for Raising a Rebellion, and inciting Insurrections in
London
, and divers other Parts of
Great Britain
, and even for laying Violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of
Wales
, in Order to Destroy Our Religion and Happy Constitution, by placing a Popish Pretender on the Throne.
Ordered
, by the Lords Spiritual and Temporal in Parliament Assembled, That the Thanks of this House be given, by the Lord Chancellor, to the said Lords Committees, for their having Discharged the Trust in them Reposed, with great Exactness, Care, Fidelity, and Candor. Thereupon,
The Lord Chancellor addressing himself to the Lords of the said Committee, (
viz.
Duke of
Montrose
, Duke of
Dorset
, Earl of
Lincoln
, Earl of
Scarborough
, Earl of
Islay
, Lord Viscount
Lonsdale
, Lord Viscount
Torrington
, Lord Bishop of
Sarum
, Lord Bishop of
Lincoln
) gave them the Thanks of the House in the following Words:
My Lords who were of the Committee,
I Am commanded by the House to give your Lordships the Thanks of this House, for your having discharged the Trust reposed in you, with great Exactness, Care, Fidelity, and Candour.
My Lords,
The Trust was as great as ever was reposed by this House in any of its Members. The Subject Matter of your Inquiry, a Conspiracy the most Dangerous as well as Detestable, big with Mischiefs of all kinds, and destructive of every thing that is valuable amongst us; carried on and managed in a new devised Method, with the utmost Cunning as well as Wickedness, and covered with all the Disguises the most artful Dexterity could contrive: and which therefore required the greatest Penetration and Skill to lay open. And the Papers, some of them of such Nature, that it was thought fit to refer them to your Lordships, lock'd up as they were, without reading them in the House.
My Lords,
Your Lordships have fully answer'd the Expectations the House entertained, when they pitched upon you for this Trust.
Your Application in going thro' so many Papers of affected and studied Obscurity; your Candour and Exactness in Examining the Persons concern'd, or any way capable of giving any Satisfaction, and in representing what they said; the Accuracy and Judgment of your Remarks; the Light you have so happily given to several Passages in the Report of the Committee of the Commons, which, tho' in themselves just, were yet liable to Cavils, by such as were loath to have the Truth found out, give, I dare say, a sensible Pleasure to every Lord here, that has heard your Report read, and finds himself thereby enabled to form a Judgment with so entire Satisfaction to himself, concerning this abominable Work of Darkness, which the Actors have endeavoured to surround with impenetrable Obscurity.
This noble Pleasure, of seeing the Truth, notwithstanding so many Contrivances to hide it, and of being thereby enabled to come to right Resolutions in a Matter of such Importance, has very naturally and agreeably broke out into so unanimous a Resolution of returning the Thanks of this House to your Lordships, to whom they so much owe it. And in Obedience to their Commands, I do, with particular Pleasure, give your Lordships the Thanks of this House, for your having discharged the Trust in your Lordships reposed, with great Exactness, Care, Fidelity, and Candour.
O
Rdered
, by the Lords Spiritual and Temporal in Parliament Assembled, that the said Report from the Committee, and the Appendix thereunto; together with the Resolution of this House upon Consideration of the said Report, and the Order for giving the Thanks of this House to the said Lords Committees, and the Thanks given by the Lord Chancellor to their Lordships pursuant to the said Order, be printed and published; and that the Lord Chancellor do give Order for forthwith Printing and Publishing the same, and that no Person do presume to print the same but such as shall be appointed by his Lordship.
Wm. Cowper
,
Cler' Parliamentor'
A
REPORT
FROM THE
Lords Committees, to whom the Report and Original Papers delivered by the House of Commons at several Conferences, were referred; and who were impowered by the House of Lords to examine
Christopher Layer,
&c.
[N. B.
The Numbers with Letters before them refer to the Appendix to the Report of the Committee of the House of Commons, and those without Letters refer to the Appendix to this Report
.]
THE Committee to whom the Report and Original Papers relating to the Conspiracy, delivered by the House of Commons at several Conferences, were referred; and who were impowered by your Lordships to examine
Christopher Layer
, and such other Persons as they from time to time should think proper; having carefully compared the said Report with the Original Papers referred to them, and having examined several Persons in relation to the Treasonable Practices and Correspondences therein set forth, are fully satisfied and convinced, That a detestable and wicked Conspiracy has been formed and carried on for solliciting a Foreign Force to invade these Kingdoms, for raising a Rebellion and inciting Insurrections in
London
, and divers other Parts of
Great Britain
, and even for laying violent Hands on the Sacred Person of His Majesty, and on His Royal Highness the Prince of
Wales
, in order to destroy our Religion and Constitution, by placing a Popish Pretender on the Throne.
And the Lords Committees think themselves obliged in Justice to observe, that the extraordinary Vigilance and Application which has been shewn by the House of Commons in detecting this Scene of Iniquity, and laying its most hidden Springs in so full and clear a Light, as it has greatly contributed to the Publick Safety, by opening the Eyes, and awakening the just Resentment of an injur'd Nation; so it cannot fail to excite a proportionable Zeal and Emulation in your Lordships, for concurring with that House in the no less necessary Work of bringing the Authors of these wicked Designs to such exemplary Punishment as may be a lasting Admonition to Posterity, that Artifice and Disguise can no more lessen the Danger, than mitigate the Guilt of Treason, and that they act under a fatal Delusion, who hope to abuse the Lenity of our Laws to the Ruin of our Constitution.
The Lords Committees think it a strong Confirmation of the Truth and Exactness of the said Report, that several material Observations which are there advanced as grounded on probable Conjectures only, have since been amply verified and supported by fresh Discoveries arising from the Papers lately referr'd to them by your Lordships; which Papers are contain'd in an
Number'd from 1 to 48 Inclusive.
Appendix annex'd to this Report.
The Intelligence sent by Colonel
Stanhope
, and Sir
Anthony Westcombe
, in Relation to the Pretender's Ships under
Morgan
, as well as the Explication given by the Committee of the House of Commons to several of the fictitious Names in the intercepted Correspondence, is very much illustrated and confirmed by Papers seized on Board the
Revolution
, and by the Examinations of some of the Prisoners belonging to that Ship.
It appears by
17--48.
those Papers and Examinations, that
Morgan
, who went by the Name of
Walton
, and
Gallwey
(an
Irish
Roman Catholick) who went by the Name of
Gardiner
, with others acting under their Direction, have for several Years past been employ'd in fitting out Ships under
English
Colours, which were ready on all Occasions to attend the Motions of the Pretender, who in
19,20,21,25.
several of the Letters is stiled
their King
, and
their Royal Master
. That the Money for these Ships was supply'd
23,29,31.
partly by Persons in
England
,
17,21,22.
partly by
Waters
the Banker at
Paris
, and
17.
partly the late Duke of
Ormonde
; that one of these Ships, in the Year 1719,
36.
was sent by
Morgan
to the
Groyne
, with an Express to fetch the late Duke of
Ormonde
to
England
; at which time it appears,
23.
that
Morgan
and
Gallwey
were promis'd a Supply of Fifty Thousand Pounds from Friends in
England
; that others of these Ships lay hovering about the Coast of
Britanny
, from the Year 1718, to 1721,
22,24,27,31,32,34.
expecting to be employed either by
Cane
and
Chivers
(General
Dillon
) or
27,31,32.
by
Hore
, (Sir
Harry Goring
) in what they call their
Home Trade
. That in the Year 1721, despairing of any Employment of this kind, on account, as is express'd in
32.
one of their Letters, of
Hore
and his Partners being Cowards in
Trade
, they engaged themselves in the Service
17.
of the
Swedish Madagascar
Company, and in
December
1721 rendezvouz'd in the Bay of
Cadiz
for this Purpose; but this Project likewise failing, on account of some Deficiency on the Part of the
Swedes, Morgan
waited on the late Duke of
Ormonde
at
Madrid
, and was by him supplied with Twelve Thousand Pieces of Eight, for fitting out the Ships
Lady Mary
and
Revolution
47,48.
for the Pretender's Service;
17.
soon after
Morgan's
Return to
Cadiz
, the Arms and Ammunition which had been prepared for the
Madagascar
Voyage, consisting of Two Thousand Muskets, Two Thousand Bayonets, One Thousand Carbines, Four Hundred Barrels of Powder, and a proportionable Quantity of Match, Flints,
&c.
were consigned to
Morgan
, and by him put on Board the Pretender's Ship, called the
Lady Mary
; and
Morgan
having embarked on Board the said Ship with several
Irish
Officers, set Sail from the Bay of
Cadiz
the latter End of
April
1722, and went first
47,48.
to
Sancto Antonio
, and then to
Sancto Andero
in the Bay of
Biscay
.
The Committee having sent for Mr.
Gustavus Bâhr
, formerly a Captain in the
Swedish
Service, who being at
Cadiz
on account of the
Madagascar
Expedition, had Occasion to transact several Affairs with
Morgan
, and the other Officers of the Pretender's Ships, they were informed by him that the Arms above-mentioned were brought, part of them from
, and part from
Hamburg
, by one of the Pretender's Ships, named the
Fortune
, commanded by one
Butler
. That two thousand of the said Arms belonged to the
Swedish Madagascar
Company, and were delivered by him,
Bâhr
, to
Morgan
.
That the Remainder, which belonged to Count
Rhenstierna
a
Sweed
, were also purchased by
Morgan
, but not till some Weeks after the first two thousand. That
Morgan
went to
Madrid
, and returned with twelve thousand Pieces of Eight in Bills and Money, which Sum, he,
Bâhr
, saw in
Morgan's
Hands. That Baron
Seebach
, and one
Osthoff
(who are frequently mentioned in
Morgan's
Letters) as also Count
Rhenstierna's
Agent, who delivered the Arms to
Morgan
, declared to him, Bâhr, since his Return to
Gottenburg
, That
Morgan
was supplied with these twelve thousand Pieces of Eight from the late Duke of
Ormonde
, and that the Arms were paid for out of the said Money. And
Morgan's
Son being examined by the Committee, owned that his Father went at that time to
Madrid
, that the late Duke of
Ormonde
was then there, and that his Father did there receive Bills for fitting out the Ships, but from whom he cannot tell.
Bâhr
farther declared, That all the
Swedish
Officers at
Cadiz
looked on
Morgan's
Ships as belonging to the Pretender, and spoke of them in all Conversations as such, which was confirmed to him expresly by Baron
Seebach
and
Osthoff
; and one of the Sailors of the said Ships owned to the Committee, That they went from Port to Port without taking in any Cargo; That they had sometimes but sixty, and sometimes one hundred and thirty Men on board the
Revolution
, and often received Orders for Sailing with all possible Expedition, which Orders were afterwards countermanded, without any apparent Reason for one or the other, and that this unaccountable Proceeding satisfied him, the said Ships were engaged in some unwarrantable Design.
Bâhr
farther declared, That
Osthoff
told him, the Ship
Revolution
was at first purchased in
England
, for transporting the late King of
Sweden
in Person, in his projected Descent on
Scotland
; and that he,
Bâhr
, saw the Name
Carolus
still standing in the Cabin of the said Ship, when he was last on board her. And
Morgan's
Son owned, That he had observed the Arms of the Crown of
Sweden
in the said Cabin, which he supposed were placed there as a Token that the said Ship was engaged in the Service of the
Swedish Madagascar
Company, tho' he owned that the other Ships engaged in the same Service had no such Token.
Some of the Particulars above-related, do very much explain and confirm
AA 5.
O's
Letters to
L
of the 27th of
April
, as also
AA. 4,6.
those to
Dunville
and
Dodsworth
, in which it is said, That the Hopes of Remittances from Persons in
England
had induced
O
to supply
M
(which appears to be
Morgan
). That
O
could depend on two thousand Arms from
M
(which appear to be the two thousand Arms delivered to
Morgan
by
Bâhr
17.
before the Date of
O's
Letter. That
M
had writ from
C
(which appears to be
Cadiz
) that he could get more Arms if he had more Money; and accordingly the Committee find that a second Supply of Arms was purchased by
Morgan
from Count
Rhenstierna's
Agent.
O
in his
AA. 5.
Letter to
L
dated the 27th of
April
, says;
'I have order'd
M's Ship
to come to
A
,'
and it
17.
appears that
Morgan
did at that very time embark on board the
Lady Mary
, with the Arms above-mentioned, and
47,48.
went first to
Sancto Antonio
, and soon after to
Sancto Andero
.
The Sailors on their Examination having mentioned one
Hilton
, as commanding a Ship under
Morgan
, and the Committee finding a
27.
Letter from
Morgan
, directed to
Don Nicholas
, which in a subsequent
28.
Letter is mentioned to have been writ to the said
Hilton
, they thought it probable
Hilton
might be a fictitious Name for
Nicholas Wogan
, in the same manner as
Walton
was for
Morgan
, and
Gardiner
for
Gallwey
; having accordingly examined the Sailors as to this Particular, one of them said, he believed
Hilton
was a fictitious Name, and
Morgan's
Son owned that
Hilton's
true Name was
Nicholas Wogan
, and that he had been confined in
England
on account of the
Preston
Rebellion, as he was told by
Nicholas Wogan
, Jun. who went by the Name of
Paterson
: and one of the Sailors declared that the said
Wogan
, Sen. obtained the Command of one of the Ships under
Morgan
, after their Arrival in the Bay of
Cadiz
.
These Particulars agree with
Glascock's
E. 31.
Letter to
George Kelly
of the 24th of
April, O. S.
in which he mentions
Nicholas Wogan
by the Name of
Xoland
, as being to have the Command of a Vessel at
Cadiz
, to Cruise against the
Turks
, or
for other Views
, on which he will not pretend to decide; and
Kelly
E. 35.
answering this Letter, wishes
Wogan's Chief
may succeed in his Journey. The same Particulars confirm Mr.
Crawfurd's
A. 30,31.
Letters of the 18th and 25th of
July
, by which it appears, that the two
Nicholas Wogan's
were at that time come to
Morlaix
, expecting
Morgan's
Ships to follow them to that Port in order to their setting Sail for
England
; that the eldest of them was to have been Captain, and the other Lieutenant of one of those Ships, and that they owned the Project in
Spain
, by what they had learnt of it, was for the late Duke of
Ormond
to have landed in the
West
with
Irish
Officers and Arms.
On the 8th of
June, N. S.
Colonel
Stanhope
A. 15.
writ Word that the late Duke of
Ormonde
was preparing to Embark with Arms and Officers for
England
. And your Committee find, that
47,48.
about that time the Ship
Revolution
set Sail from the Bay of
Cadiz
; That the Sailors knowing the
Madagascar
Voyage to be dropped, refused to do their Duty till they were satisfyed as to the Place they were designed for. That hereupon
Gallwey
assured them it was to
Gibraltar
, in order to clean the Ship; but having got them under Sail, and satisfyed them about their Wages, they proceeded to the Bay of
Biscay
; That they put in at
Sancto Antonio
to take
Morgan
on Board, and then joyned the
Lady Mary
at
Sancto Andero
. That upon their Arrival at this Place, the common Report on Shoar was, That the late Duke of
Ormonde
and four Companies of Soldiers were to be taken on board the
Revolution
; That Corn and Cattle were provided for the said Soldiers; and that the late Duke of
Ormonde
was within a short Day's Journey of
Sancto Andero
; That hereupon the first and second Mate of the said Ship, suspecting
Gallwey
to be engaged in some unwarrantable Design, agreed not to serve any longer, unless
Gallwey
would give them a Note under his Hand, that they were forced into the Service, and would also declare whither they were bound, and give them Security that they should not be employed in any other Voyage than such as he should declare to them; whereupon one of them was confined, and the other discountenanced by
Gallwey
.
But that
Gallwey's
real Expectations were to have come over with the late Duke of
Ormonde
, appears to the Committee most evident from the
39.
Copy of a Letter of his, dated the 16th of
June
, the Day before he set Sail from
Cadiz
, in which are these Words,
"I hope the will sail To-morrow; your not repeating Orders and Advice concerning the Business in Hand gives me a thousand Apprehensions; God send our Bankers and the rest of our Friends are safe, and stand their Ground. I intend to Embark my-self on Board the for fear
my Dear Aunt
should have any Occasion for Assistance, of whom I am so tender that I would not if possible have the Care of her put into any other Hands.
The Committee observe that the same Expression of
My Aunt
is used in the Letter to
Dodsworth
with such Circumstances as make it highly probable that in that
AA. 6.
Letter, as well as this of
Gallwey's
, it denotes the late Duke of
Ormonde
. They likewise observe, that the Names of
Manfield
and
Medley
are used in
Morgan's
and
Gallwey's
Letters in such a Manner, as confirms those Names to mean the late Duke of
Ormonde
, agreeable to the Explication given them in the Report of the Committee of the House of Commons.
Gallwey
in his
42.
Letter of the 3d of
November
1722, says, He has a couple of fine Grey-hounds, a Dog and a Bitch, for Mr.
Freeman
; the same Dogs are mentioned in
19.
another Letter and in the
47,48
Depositions of two of the Sailors to have been a Present from the late Duke of
Ormonde, to the Pretender
; which confirms the Explication of the Name of
Freeman
, mentioned in the said Report, to be true.
There was likewise seized on board the
Revolution
, a
26.
Letter to
Gallwey
, signed
John Obrien
, which appears to be in the same Hand-writing with the
F. 14.28.
Letters signed
Gerrard
and
M. Digby
taken among Mr.
Dennis Kelly
's Papers, and confirms
Gerrard
to mean Sir
John Obrien
, one of
Dillon's
Secretaries, agreeable to the Conjecture in the said Report.
Gallwey
, in a
40.
Letter dated from
Alicant Bay
, the 13th of
September
last, expresses his Concern for
Kelly's
Confinement, but hopes that is the worst that can befall him; and a
46.
Letter in
Kelly's
Hand-writing signed
Jo. Johnson
, directed for
Gardiner
, but enclosing a Note for twenty Guineas payable to
Gallwey
, was found on board the
Revolution
, as also a Direction entred with
Kelly's
own Hand in a
45.
Pocket-Book, supposed to belong to
Morgan. Kelly
in his Letter acknowledges the Receit of one from Sir
John
(which is probably their common Correspondent, Sir
John Obrien
) and says their Friends in
Spain
are well, as one of the Family writes him Word: which shews how extensive
Kelly's
Correspondencies were.
Gallwey
in a
42.
Letter from
Genoa
of the 3d of
November
, 1722, (which appears to have been writ to one of the Pretender's Family) says he has acted for many Months past under the Direction of
Medley (Ormond
) who, he makes no doubt, has mentioned him to Mr.
Freeman
(the Pretender); yet in his
A. 45.
Letter to Lord
Carteret
, after his Ship was taken, he has the Assurance to affirm that he never saw the late Duke of
Ormond
since he left
England
, nor ever corresponded directly or indirectly with him or the Pretender, or any of their Adherents at home or abroad, but was always zealously well affected to His Present Majesty and our happy Establishment.
Gustavus Bâhr
abovementioned
17.
deposes among other Particulars that he has been informed the Pretender's Agents had Arms for three thousand Men, lodged at a House belonging to the late Duke of
Ormond
, near
Morlaix
in
Britanny
; which Port the Committee observe was one of the usual Stations of the Pretender's Ships under
Morgan
; and it appears probable that these three thousand Arms made part of the ten thousand mentioned in
O's
AA. 5.
Letter to
L
as provided by
D
, who is supposed to be
Dillon
.
Robert Franklyn
, second Mate of the Ship
Revolution
,
48.
deposes, that Letters directed to
John
or
James Jacobs
, at
Genoa
, were taken up at the Post-house by
Gallwey
. The Committee observe, that
Jones
in his
D. 10.
Letter to
Chivers
, mentions his having communicated the Copies of
Mansfield's
and
Jacobs's
Letters; and
Glascock
in his
E. 37.
Letter to
George Kelly
of the first of
May
, says;
"He hopes Money is sent to pay for the
Barrels
, which
Jacobs
has at his Disposal:"
In both which Places it is probable that
Jacobs
means
Gallwey
; and that
Barrels
mean Stands of Arms, is confirmed by a
27.
Letter of
Morgan's
, in which speaking of that very Ship that brought the Arms above-mentioned from
Gottenburg
and
Hamburg
to
Cadiz
, he says,
"She had received Orders for taking in nineteen
Barrels
, with every thing necessary to make use of them:"
Which last Words seem to refer to the Bayonets, Flints and Powder.
A. 9.
The Intelligence sent by Mr.
Crawfurd
, on the 27th of
May
, That
Gordon
of
Boulogne
was to have a Ship ready to transport some of the Chiefs of the Conspiracy to
England
, is confirmed by the Deposition of
Roger Garth
(already published) who declares,
"That the said
Gordon
(whom he had good Reason to believe to be an Agent of the Pretender's) did some time last Summer endeavour to engage him to ply off of that Station with his Sloop, in order to carry over such Persons as he the said
Gordon
should recommend to him, promising him that he should have Employment enough.
The Lords Committees conceive, that the several Particulars above related, will appear to the House very much to corroborate the Accounts received from Abroad of Ships provided for transporting the late Duke of
Ormond
to
England
, with Arms and Officers, the beginning of last Summer; and that they also confirm the Decyphering of the Letters, and Explication of the Names, contained in the Report of the Committee of the House of Commons.
The Lords Committees observing that some Paragraphs of the Letters referr'd to them were writ originally in Cypher, thought it proper to call the Decypherers before them, in order to their being satisfied of the Truth of the Decyphering. The Account they receiv'd from those Persons, was, that they have long been versed in this Science, and are ready to produce Witnesses of undoubted Reputation, who have framed Letters in Cypher, on purpose to put them to a Tryal, and have constantly found their decyphering to agree with the Original Keys which had been concealed from them; it was likewise confirmed to the Committee, that Letters de cyphered by one or other of them in
England
, had exactly agreed with the decyphering of the same Letters performed by Persons in foreign Parts, with whom they could have no Communication; and that in some Instances after they had decyphered Letters for the Government, the Keys of those Cyphers had been seized, and upon comparing them, had agreed exactly with their decyphering.
With respect to the intercepted Letters in Question, they alledged that in the Cypher used by
George Kelly
, they find the Words ranged in an alphabetical Order, answering the progressive Order of the Figures by which they are expressed, so that the farther the initial Letter of any Word is removed from the Letter A, the higher the Number is by which such Word is denoted; that the same Word will be found to be constantly denoted by one and the same Figure, except in the Case of Particles or Words of very frequent Use, which have two or three Figures assign'd to them, but those always following one the other in a progressive Order. They likewise set forth, that in the Cypher above-mention'd a certain Order is constantly observed as to the placing of the Words made use of, that under each Letter of the Alphabet the first Cyphers are allotted to the proper Names of Places, the next to the proper Names or Titles of Persons, the next to whole Words in common Use, and the last to denote single Letters.
As to the Truth of the Decyphering, they alledged that several Letters written in this Cypher had been decyphered by them separately, one being many Miles distant in the Country, and the other in Town, and yet their decyphering agreed; that Facts unknown to them and the Government at the time of their decyphering had been verified in every Circumstance by subsequent Discoveries, as particularly that of
H's
Ship coming in Ballast to fetch
O
to
England
, which had been so decyphered by them two Months before the Government had the least notice of
Halstead's
having left
England
: That a Supplement to this Cypher having been found among
Dennis Kelly's
Papers the latter end of
July
, agreed with the Key they had formed of that Cypher the
April
before: That the decyphering of the Letters signed
Jones, Illington
, and 1378, being afterwards applied by them to others written in the same Cypher, did immediately make pertinent Sense, and such as had an evident Connexion and Coherence with the Parts of those Letters that were out of Cypher, tho' the Words in Cypher were repeated in different Paragraphs and differently combined. And they insist that these several Particulars duely weighed amount to a Demonstration of the Truth of their decyphering.
As to the other Cyphers made use of by
Jernegan, Stanley
, and
Walter Grahame
, they consist only of twenty four Figures , for the twenty four Letters of the Alphabet, and some other Figures for proper Names or whole Words, in the placing of which Names a certain Order is also observed.
These several Particulars they declared themselves ready to attest upon Oath, and to produce sufficient Witnesses to their Character and Integrity as well as their Skill.
The Committee being empowered by your Lordships to examine
Christopher Layer
, did accordingly spend some time in the said Examination, which produced a tedious Repetition of the Particulars contained in his Examination before the Committee of the House of Commons, and some few Circumstances which they found he had recollected by reading the printed Report and Appendix.
All that he confessed to them which is new, was, that he did before his setting out for
Rome
acquaint
Plunket
with his Intentions of carrying over a Note of the Names of the Tory Gentlemen of
Norfolk
, if
Plunket
thought it would be acceptable; that during his Stay at
Rome
, Sir
William Ellis
told him, that he had formerly corresponded with
Plunket
at the Request of the Lady
Middleton
, but that he had not for some time past corresponded with
Plunket
, or any one else, in relation to the Pretender's Affairs; for that from the time of the Action at
Dumblain
so many
Scottish
Noblemen and Gentlemen had come over to the Pretender, that he and all the rest of the old Servants had been forbid all Correspondence in
England
, or elsewhere. Upon
Layer's
desiring leave to correspond with him if it were practicable, he told
Layer
, that on Condition he would promise to write nothing but what might be shewn to the Pretender himself, he would settle a Correspondence with him; for that tho' he had followed the Fortunes of the late King
James
and his Family, ever since the Revolution; and had always been faithful to the Pretender, and for many Years his Cashier, yet if any of the
Scottish
Gentlemen that were about the Pretender should know he received a Letter without communicating it to him, it would cost him his Place, and he should be in utter Disgrace: That
Layer
promising to write nothing but what might be shewn,
Ellis
gave him a Cypher of his own Hand-writing, as also another Cypher of cut Paper for carrying on the Correspondence; that he
Layer
likewise settled a Cypher of fictitious Names with Mrs.
Hughes
, Nurse to the Pretender's Child, and received a Letter from her in relation to the Christening of his Daughter. He would not own that he knew of any other Cypher, and persisted that Mrs.
Kinder
meant the said Mrs.
Hughes
, tho' in
Ellis's
Cypher it stands for Mrs.
Fox
. He said that the Paper which he desired a Copy of from Sir
William Ellis
, and which is referred to in
BY. 38.
Ellis's
Letter of the 30th of
January
, was a short Scheme relating to the
Preston
Affair shewn him by
Ellis
while he was at
Rome
, of which he remembers no other Particulars, but that Insurrections were to be begun in several Counties in a dark Night. That when he made Application to
Plunket
for the fictitious Names of
Burford, Steele, &c.
he was forced to acquaint
Plunket
with his having settled a Correspondence with
Ellis
, which
Plunket
resented, and said he thought
Ellis
had been forbid all Correspondence with Persons here. That the Reason of his asking
Plunket
for a fictitious Name for Lord
Orrery
, was that he had occasion to mention to
Ellis
a Club which
Plunket
had often told him of; That
Plunket
once shewed him a List of this Club of his own Hand-writing, which he read over two or three times, but that
Plunket
talked so inconsistently of them, that he
Layer
verily believes it was a mere Fiction of his own, and that there never was any such Club. That he
Layer
thinks Lord
Orrery
mentioned to him Lord
Strafford
, as one of those who, with Lord
North
, Sir
Harry Goring
, and others, were (as Lord
Orrery
was informed) going to do a rash thing in favour of the Pretender; but that he cannot be positive as to Lord
Strafford
. That he
Layer
wrote himself to the Pretender, concerning the Difference of Opinion which he observed in Lord
North
and Lord
Orrery
about the Means of restoring him and the Necessity there was that the Regent should permit General
Dillon
to come over here with some foreign Forces. That he also drew up a Scheme of a Lottery to have been opened here in favour of the Pretender, and enclosed the said Scheme in a Parcel with some Silk Stockings which he sent as a Present to the Pretender and his Spouse, by
Andrew Haye
, who travelled to
Italy
with Alderman
Barber
. That he delivered this Parcel to
Haye
with his own Hands, who promised to convey it to
Ellis
, and said he could do it with Safety. That
Haye
, as he believes, understood the Stockings to be for the Pretender and his Spouse; That he likewise had some Discourse with
Haye
about getting Copper Plates engraved at
Rome
in
English
and
Italian
for the Tickets of the said Lottery, and desired him to receive Sir
William Ellis
's Directions about it, which
Haye
promised to do. That while he
Layer
was at
Rome, Haye
asked him whether he would not see the King, meaning the Pretender; and that the said
Haye
went frequently to the Pretender's Family in the way of his Business, and was, as he believes, present while the Pretender's and his Spouse's Pictures were drawn.
Haye
being examined by the Committee, owned the Receit of the Stockings, but denied their being delivered to him by
Layer
, or that he knew who they were for. He likewise owned the carrying a Packet to
Belloni
, the Banker at
Rome
, which was brought to him by a Porter from
Layer
, as he supposed.
Layer
owns, that
Haye
told him
Belloni
was the Pretender's Banker, but denies his sending any such Packet by
Haye
; and in several other Particulars of their Examinations they contradicted each other.
1.
A Scheme of the Lottery above-mentioned (for raising 225,000 Pounds Sterling) having been found among the Papers of
Walter Jefferyes
, now in Custody, the Lords Committees thought proper to examine him now he came by it; he owned his being acquainted with
Layer
and
Plunket
, that he saw
Layer
about the time of his going abroad, and helped him to a Bill on a Banker at
Antwerp
; but he denied his knowing from whom he received the said Scheme, or his having had any Conversation with any one about it, and said it might be put into his Hands by
Plunket
, for ought he knew, but that he was not sure he had ever read it, and if he had known such a Paper had been in his Custody he should have destroyed it.
The Lords Committees being informed that
Layer
, between the time of his delivering the larger and lesser Bundle of Papers to Mrs.
Mason
, had deliver'd to her a large Parcel covered with blue Paper and sealed in several Places, and that he did within a few Days after take it back again, telling her he wanted to carry it to Lord
North
and
Grey's
, they examined
Layer
particularly on this head, but he denied that he ever delivered her any such Bundle.
The Lords Committees next proceeded to the Examination of
John Plunket
, who began with large Protestations of his Innocence, and offered of himself to account for three Facts charged upon him in the Report, and to shew they were great Mistakes. The first was, his receiving a Letter from
George Kelly
; the second, his receiving the Letter at
Antwerp
, signed
Dixwell
; and the third, his receiving the Letter from the Pretender, taken at Mrs.
Creagh's
. And as in his Examination before the Committee of the House of Commons he had fallen on the Expedient of substituting
Hugh Thomas
to personate
Rogers
, so now they found he had furnished himself with three different Persons, at different Places, all of the Name of
Plunket
, to whom he would have it believed these Letters were written, without offering any the least Proof or Circumstance of Probability to shew that such Persons were at all concerned in those Letters, or that there ever were any such Persons in being.
The Letter from
George Kelly
, he said was not writ to him, but to one
Harry Plunket
, who delivered it to him at
Will's
Coffee-House,
CoventGarden
, and that it related to some Money that was to be raised on a Security of Mrs.
Barnes's
.
As to the Letter signed
Dixwell
, he said, there were two Clergymen of the Church of
Rome
, one or both of which travelled with him and
Layer
, from
Dover
to
Antwerp
; that one of them went by the Name of
Loyd
, but his real Name was
Plunket
. That this Man dropped the Letter signed
Dixwell
, at a Coffee-House, and he
John Plunket
taking it up with a design of restoring it to him in
Lorrain
, (to which place sometimes one and sometimes both of these Clergymen were gone) shewed it to
Layer
, who took it into his Head that this Letter had been writ to him
John Plunket
.
The Letter from the Pretender, he said, fell into his Hands much in the same manner; that there is one Father
Plunket
at
Rome
, to whom the Pretender always writes when any Body is to be introduced to him. Being asked whether Father
Plunket
travelled with
Layer
to
Rome
, (because mention is made in the Pretender's Letter of a Companion of
Plunket's
) he said the Pretender always called the Person that was to be introduced by Father
Plunket
, his Companion. That this Father
Plunket
happening to shew him this Letter, and commending the Hand , he
John Plunket
said he had a Friend at
Rome
, that would be glad to see the Pretender's Hand writing. And Father
Plunket
having accordingly left the Letter with him, he shewed it to
Layer
, and forgot to return it to Father
Plunket
, who never called for it, having fifty more Letters of the same kind by him.
Upon the Lords Committees asking him whether he went by the Name of
Rogers
, he said he went by several Names in his Travels, that he might not be imposed upon in his Reckonings, as the
English
generally are. Being asked whether he took the Name of
Rogers
to prevent his being thought an
Englishman
, he said that in
Italy
he was called
Rogieri
.
They farther asked him, whether he had dictated any fictitious Names to
Layer
, or had mentioned any thing to him of a
Club
; to which he answered, that he had given
Layer
the fictitious Name of
Bedford
or
Burford
, for Lord
Orrery
, which Name he had from
Neynoe
. That one Night being in Company with
Layer
, and some Clergymen whose Names he has forgot, the Discourse turning on the Protests of the Lords, and the Names that were subscribed to them, one of the Company said, These are a Loyal Club; another said, They are Jacobites; and that he
Plunket
said there was a Loyal Club of eighty or ninety Lords who would stand in Defence of their Country.
He farther observed to the Committee, that in the Bill now depending before your Lordships, he is not mentioned by the Name by which he was baptized and confirmed; he said his Sirname was
Plucknet
, but his Christian Name he declined telling; and seemed to place some Hopes and Confidence in this Subterfuge.
The Committee finding him trifle with them in this egregious manner, asked him in general, whether he had ever been in Conference with the Pretender, or had corresponded with him, or any of his Agents; to which he answered in the Negative.
The Committee next sent for
George Kelly
, who told them that the Affair being soon to be brought before your Lordships, he desired to be excused from answering any Questions; so that they had no Opportunity of examining him as to the new Matters alledged against him in the Depositions of Mr.
Philip Caryll
and others.
However they thought it proper to send for the said Mr.
Caryll
, and to ask him whether he had any thing to add to or retract from his former Accounts. His Depositions being read over to him, he expressed himself very Angry and Uneasy at their being made Publick, and told the Committee he was not disposed to answer any farther Questions, being sorry for what he had said already; he likewise insinuated, that what he had said had not been taken down exactly as he dictated it, and seemed apprehensive that he was called upon to accuse himself of Matters that might be prejudicial to him. But upon the Committee's telling him that the most effectual way he could take to do himself Service, was to make a candid and ingenuous Discovery of the whole Truth, he said he had already given a candid Account, and hoped he should not have been a Sufferer for his Candour. Being asked whether his Depositions had not been read over to him before he signed them, he said they were; but that he was in a great Confusion at the time they were taken: Being then required by the Committee to read them over himself, and to shew in what Particulars they vary from his Sense and Meaning, he grew more composed; and having read over the first, dated the 27th of
March
, said, he believed it was right enough; in reading over the second (dated the 29th of
March
) he said it was not strictly true that Sir
Harry Goring
had
told him
what is there related, concerning an Invasion, Commission,
&c.
but that it was true, he had heard Sir
Harry Goring
say so; that as to Lord
Lansdown's
being to Land in the
West
, he could not be positive, but he thinks Sir
Harry Goring
said so; he said, it was but a Supposition of his own, that the Discourse which occasioned the Bishop of
Rochester's
taking Sir
Harry Goring
by the Collar, related to the Pretender's Affairs; but that he remembers very well, Sir
Harry Goring
did affirm, that on his saying the Words there recited, this is Rocking the Cradle indeed
)
the Bishop did take him by the Collar, and that he,
Caryll
, did
Apprehend
the said Discourse to have Relation to the Pretender's Affairs. He said it was about two Years ago that being at Sir
Harry Goring
's he saw a Letter lye on his Scrutore, directed to Mr.
Hore
, and upon his asking Sir
Harry
who the said Letter was for, Sir
Harry
told him it was writ to himself; he said that the Words in his Deposition which Import, that he,
Caryll, had Reason to believe Kelly
and Sir
Harry Goring
were settling together a Key at his House at
North
, by which they might Correspond, are too strong; for that he,
Caryll
, did not see any such Key, only it was his Suspicion and Thought at that time that they were framing such a Key.
He likewise said, that what relates to
Boyce
in the said Deposition is rather stronger than he meant it, for that
Boyce
only told him he was afraid the Servant he
Caryll
had sent to him to help off was
Sample
, alledging this Reason, that he had observed he was disguised, and that he was afraid he was somewhat like the Description given of
Sample
in the Proclamation. All the other Particulars of his Depositions he averred to be true, but said, he had nothing farther to add, and that he would rather a thousand times die in
Newgate
, than be an Evidence.
Boyce
, being examined by the Committee, owned that Sir
Harry Goring
went to
France
in his Yatch, and that a Servant went over with him in a Black Whig, whom he had never seen with Sir
Harry Goring
before; but he utterly denyed his having conveyed over any Person sent to him by Mr.
Caryll
, or his having had any Discourse with
Caryll
about any Person's answering the Description of
Sample
.
The Committee having summoned before them
William Beasing
, of
Horn Dean
, and having read to him his former Depositions, find that he retracts what he had there deposed on Oath, of
Caryll
and Sir
Harry Gorring
's being in Company at his House with the Person who had but one Hand; he says, such a Person was at his House with two other Gentlemen, but that he now recollects
Caryll
and Sir
Harry Goring
were not there at that time. Being asked whether he had received any Letter or Message, since his being in Custody, which had helped to set him right in this Particular, he answered in the Negative.
The Committee observe from the Parts of Mr.
Caryll's
Depositions which he affirmed, that the Explication given to the Name of
Hore
, in the Report of the Committee of the House of Commons, as also the Decyphering of that part of
Kelly's
E. 35.
Letter which mentions
Hore's
Commission, and the Conjecture of
Goring's
having carried over a new Cypher from
Kelly
to
France
, are very much confirmed. They likewise observe that what is said in
Glascock's
E. 79.
Letter to
Kelley
of the 20/31 of
October
, concerning the Arrival of the little
French
Merchant, mentioned by
Kelly
, and the Precaution they intend to use in relation to him till some other appears with whom they may talk of Business more to the Purpose, has probably relation to
Sample's
being got safe to
France
. And the Letters signed
Fra. Phillips
, which
Caryll
owns he received from
Kelly
, not not only confirms
Kelly's
writing by fictitious Names, but is a strong Argument of his being the Person that writ the
E. 75.
Letter to
Bonnaville
of the 27th of
September
, and consequently the other Letters charged upon him, in the Report. For as in his Letter to
Caryll
, he says:
"
I have never heard a Syllable
from your other Lawyer, (Sir
Harry Goring
) since you and I were with him, which you'll say
is pretty surprizing
and am afraid very
Detrimental
. so in that to
Bonnaville
(writ within five Days of the other) he says,
I have not heard a Syllable
from
D. Gainer
, or
G. Roberts
, since Mr.
G. Sampson
went, which has been a great
Surprize
, and I may say no small
Detriment
, to some of their Friends."
This Identity of Expression, in two Letters writ so near the same time, appears to be a farther Confirmation that the same Person writ them both, and confirms
G. Sampson
to be the same with the
other Lawyer
, which
Caryll
has explained to mean Sir
Harry Goring
.
The Lords Committees also find in the Papers referred to them new Evidence of
Kelly's
visiting, writing to and receiving Letters from the Bishop of
Rochester
, as appears by
13,14.
Affidavits from the Persons who carryed
Kelly
to the Bishop's House, and who also delivered Letters from him to the Bishop, and brought back the Bishop's Answers; and Mrs.
Levett
11.
deposes on Oath, that Mrs.
Barnes
has told her
Kelly
received in one Day as many Letters from abroad as came to fourteen or fifteen Shillings, the Directions of which she
Barnes
saw, but they were in such odd fictitious Names, as no one could find out but
Kelly
, who had the Key; that among these Letters there was one for the Bishop of
Rochester
, (as
Kelly
told her) which he was at that time, gone to deliver to the Bishop. And
John Malone
12.
deposes, that among the Letters which he carryed from
Kelly
to the Post, there were some directed to
Waters
the Banker at
Paris
, under whose Cover it appears that most of the Treasonable Letters were sent, and the original
E. 21.
Letter in
Kelly's
own Hand stopt at the Post-Office was inclosed in a Cover so directed. Mrs.
Levett
farther
11.
deposes, that Mrs.
Barnes
told her, under Secrecy, that the Dog sent from
France
was a Present
from the late Lord Marr
, to the Bishop of
Rochester's
Lady; which is in some measure confirmed by the Draught of the Affidavit prepared for
Birmingham
at
Paris
, in which he is desired to swear that
Lord Marr
knew nothing of any such Dog; and though this Affidavit does not appear to have been sent over by
Kelly
directly, yet express Mention is made in the Letter to
Gordon
, that the said Affidavit is the Copy of a Note from the Person concerned, with the Substance of what
he thinks requisite
. This Circumstance of the Dog's having been sent by the late
Lord Marr
, which is not expresly alledged in any part of the Report of the Committee of the House of Commons, is a new Confirmation that the
E. 32.
Letter signed 918, which mentions the sending the Dog, is from
Marr
; and that
Musgrave
, to whom the Receipt of the Dog is acknowledged in
E. 35,42.
two several Letters, is likewise a Name denoting
Marr
, agreeably to what is asserted in the said Report.
The Committee find by
15,16.
two Affidavits referred to them, that
George Kelly
, the last time he was taken into Custody, offered the Woman of the House a Gold Watch, forty Guineas in Money, and a Note for forty Pounds more, to let him escape.
The Committee have laid the Substance of these several Examinations together, as having some Reference to
George Kelly
.
They likewise examined Mr.
Dennis Kelly
, who utterly denied his being advised with, or knowing any thing relating to any Conspiracy. Several Papers found in his Custody being shewn to him, he denied his having ever seen them before, except when some of them were shewn to him at former Examinations.
They next sent for Captain
Pancier
, and having ordered his
D. 1,2.
former Depositions to be read to him, ask'd him whether he had any thing to Add, or Retract; he affirmed every Part thereof to be true, and said he had only this farther Particular to add, That having lately seen
George Kelly
, as he was brought down to the House of Commons, he recollects that he has often seen him at the Gaming-Tables with
Skeene
, and that
Skeene
and the said
Kelly
were intimately accquainted, as he is able to prove by several Witnesses of Credit.
Skeene
being call'd in, and having heard
Pancier's
Depositions read over to him, own'd, That he was acquainted with
Pancier
, and had been in Company with him at several of the Times and Places mention'd in the said Depositions; That he was taken Prisoner in the
Preston
Rebellion, but is not related to
Marr
, nor has ever seen
Mackintosh
since he parted from him at
High-gate
: He own'd he had had general Discourse with
Pancier
relating to a Plot, and that
Pancier
had ask'd him several Questions about it, to some of which he (
Skeene
) assented, and to others not; but he deny'd his having told
Pancier
any farther Particulars than were in the News Papers, or in the Current Report of the Town. As for Instance, when
Pancier
asked him where the late Duke of
Ormond
was, he told him the News-Papers said he was at
Corunna
; but he
positively
denied his having ever mentioned to
Pancier
any
Particular Persons
as concerned in the Conspiracy, or any of the
Particular Facts
specified in his Depositions.
He farther said, he had reason to believe that
Pancier
had sent to him since his being in Custody, to advise him to make his Escape, for that one
Gerrard Fitzgerald
having been walking with
Pancier
in the
Park
, came directly from thence to him,
Skeene
, at the Messenger's House, and advised him to make his Escape; tho' he owned that
Fitzgerald
made no mention of
Pancier's
having sent him any such Advice.
Fitzgerald
being sent for by the Committee, owned he had been to see
Skeene
, and finding no body at that time in the House but a Woman, told
Skeene
it would be an easy Matter for him to escape; but he cleared
Pancier
from having sent any such Intimation or Advice. He farther said, that
Skeene
told him he did not know but he might have talk'd foolishly to
Pancier
, but that if he had,
Pancier
was but a single Evidence, or to that effect.
The Committee find, among the Papers referred to them, a
7.
Copy of the Orders which
Arnold
received from the Owners of the Ship
Phineas
, requiring him to follow the Directions of
Roger Nowell (Halstead
) during the Voyage; as also an
8.
Affidavit, by which it appears, That the said
Halstead
was to visit the Bishop of
Rochester
, and staid an Hour at his House, a few Days before his setting out for
Bilboa
.
They also find a very remarkable
6.
Letter to one of the Secretaries of State, by an unknown Hand, dated the 12th of
February
, 1721-22, and inclosed in
5.
one, dated the 31st of
March
; which first appears to be the Letter referred to in
E. 9.
one of
Neynoe's
Examinations, as drawn up by
Kelly
and himself, and brought back to him corrected, as he believ'd, by the Bishop of
Rochester
.
They likewise find a
2.
Paper taken in Lord
North
and
Grey's
Study at
Catlige
, which contains several very extraordinary Reasonings on the Nature of Oaths; tending to prove, That the Oaths to the present Government are not Obligatory, and that tho' the taking such Oaths is in its self unlawful, and a grievous Sin, as being inconsistent with Prior Oaths, or Obligations, yet neither the taking nor breaking them can in strictness fall under the Denomination of Perjury.
This is the Substance of what the Committee have been able to collect from a careful Perusal of the Papers referred to them and a long Examination of several of the Persons concerned, in some of whose Power they have Reason to believe it was to have made ample Discoveries, if they had been disposed to speak the Truth.
And tho' the Lords Committees cannot reflect, without Pity and Compassion, on the misguided Zeal, and wretched Infatuation of those Men, who rather chuse to expose themselves to the greatest Dangers, than to discover the Authors or Accomplices of their Treasons; thereby declaring to the World, that the Leagues and Confederacies of private Villany are dearer and more sacred to them than the strongest Tyes and Obligations of Society; yet the Committee make no doubt but the Matters contained in the Report referred to them, and corroberated by the Result of their present Enquiry, will appear to your Lordships so clearly made out, that the Conspirators, sooner or later, will have leisure to repent of the rash and impious Choice they have made, of being rather true to one another, than to God, their Consciences, and their Country.
FINIS.
THE Rights and Liberties OF SUBJECTS
Vindicated
: IN ANSWER TO THE Adjuster of the Dispute
About the
PROPER TIME
of Applying for a Repeal of the
Corporation
and
Test Acts.
Invitus ea tanquam vulnera attingo; sed nisi tacta tractataque sanari non possunt
.
Liv.
LONDON
: Printed for J.
Roberts
, near the
Oxford-Arms
, in
Warwick-lane
1732. Price Four Pence.
THE
Rights and Liberties
OF
SUBJECTS
Vindicated
.
THAT Happiness is infinitely preferable to Misery, is a Truth, which every intelligent Being will allow, and every good Being will prove by Action. However differently Men may conceive about other Things, in this they will all unanimously agree, as a Point that admits of no Debate. The various Me thods they take to procure Pleasure demonstrably shew they love it above Pain. And though they may mistake in their Choice of Objects, yet none choose the latter for its own Sake.
For this Reason it is, that God being infinitely Wise and Good, and uncapable of erring in his Judgment of Things, could form Mankind for Happiness only; and could have no other View in creating them, than to diffuse Bounty and Goodness among them, and communicate such a Variety of Pleasures, as might be suitable to their compound Nature. To say that he formed any of them for Misery, is to say he is neither Benevolent nor Wise, since that of itself, could answer no wise End. Or to affirm that he works upon them like Machines, and determines them always in their Choice of Things, is to deny they are indued with Reason or Understanding, or subject either to Rewards or Punishments.
That there can be no true Happiness but in the Way of Liberty, is a Truth, I believe, next to Demonstration. And that there can be no Liberty without Free-agency, is as certain and evident, as that Liberty is Freedom. The Pleasure we receive from external Objects, must be suited to the Appetite we intend to gratify. And that which results from the Actions of our Lives, whenever we would have it intense or durable, must be supposed adapted
to
our reasonable Faculties, and to spring from a Consciousness of having done well. But, if we had no Liberty to choose in either respect, we could have no Relish of Pleasure or Happiness.
Upon these Accounts the Divine Being, through his innate Wisdom and Goodness, formed Mankind naturally free, that they might perceive the Difference between Good and Evil; and that the Happiness he designed them, here and hereafter, might, in some Measure, depend upon the right Exercise of their Faculties, and the wise Choice they made of such Objects, as they might be conversant among. And therefore as he formed them after such a Manner, they must all have a natural Claim to Liberty, an equal Right to persue Happiness, and to take such Methods for the Security of both, as in their own Nature are equitable and just.
Hence it is, that they being sensible of this Truth, and knowing the kind Intentions of the Deity concerning them, have commonly formed themselves into Civil Societies, that they might secure the Privileges of their Free-born Nature, from all Attempts that might be made to Invade them. And knowing that these might be improved to Advantage, have generally elected some proper Person or Persons, to whom they commit the Government of their Affairs; whom they intrust with their common Power, and support out of their common Expences, for their general Advantage and Welfare.
Every Society thus formed, is to be considered as a Body Politick, wherein all the Members are to consult the Good of the Whole, and not do any thing might damage any Part, however it might tend to their own private Benefit. And as each one may be supposed to have a Share in the Choice of such Person or Persons as by publick Consent are authorized to Govern; as he trusts them with his Power, and contributes to their Support; he has, in Consequence of that, while he behaves well, a Claim not only to Protection and Defence, and to be secured from Injury, Violence and Oppression; but also to partake of all such Advantages, as accrue from the Government so erected and maintained; and as are common to others of the same Society. Nor is there any thing, but an Evidence of an injurious Behaviour, can cut him off from it, or, justly deprive him of it.
Mean time we are not to imagine, that every individual Person, who is a Member of the Community, and a Good Subject, must be preferr'd to Posts of Honour or Profit, or intrusted with the ordering of publick Affairs; for that, in the Nature of Things, is not possible; or if it were it might sometimes be imprudent, since Honesty alone is not a sufficient Qualification; and since it is not material to a Society, whether a Man through Indo lence or Design mismanages a Trust, providing in Reality he does not manage it. That there should be some inferiour Stations in Life, is as reasonable and fit, as there should be others superiour. Persons in both need each others Assistance; and their Interests ought not to be looked upon as opposite. And, as Government is necessary to the Welfare of a People, it is requisite there be different Classes of supreme and subordinate Rulers in it, for the better accomplishing the Designs of it, and facilitating the Management of publick Affairs, which, otherwise, could not be done to Advantage. But all cannot be Magistrates; nor advanced to Offices of Dignity and Honour. To suppose such a thing would be as absurd, as to expect or look for it, would be ridiculous, The Principle, then, which I have laid down, will not, I believe, be understood in such a large and unlimited Sense, as if every Citizen or Member of a Society, who behaves well or does the Duty of a Subject, should, for that very Reason, be preferred or advanced. But only, that no one in it, who an swers this Character, whose Capacity is equal to his Neighbour's, and who is well qualified for serving his King and Country, should be debarred or excluded from it, for his Religious Sentiments, unless they are dangerous to the Publick Welfare: But he ought to have an equal Chance with others, as he stands upon the same Foundations of Claims.
The Rights of Subjects to their temporal Interests are natural, because the Lord of Nature allows them. And their Rights to those which are spiritual, are natural, because the same Indulgent Parent grants them. Neither of them owe their Original to the Decisions of the Majority; because Nature is prior to any Civil Constitution, and Men are first in their natural Capacity, before they incorporate in Neighbourhood and Commerce, or form any Scheme of Government among them.
The Primary Design of Authority and Laws, is to maintain the Privileges of the Society, who associate on the Foundation of natural Equality; and either to advance each Member to, or secure him in the Possession of his Rights. So that if any Person invades another's Property, whether by Rapine or Violence, Oppresion or Fraud, or by any other unwarrantable Methods; the same Authority can punish him for it: And this very Punishment is founded in Justice; as 'tis intended to secure the Happiness of the whole Body, which all it's good Members have a natural Claim to, and for the Preservation of which they unite their respective Interests. But the Rights themselves are centred in Equity (which is an independent thing,) and can only receive a Sanction from the Civil Power, so far as they appear to be valid in themselves. And without this Concession, it would necessarily follow, either that no Laws or Statutes could be just, though they might bear the Stamp of Authority; or else, that all enacted by a former Authority, be they ever so pernicious in their Nature and Tendency, should be looked upon as sacred and immutable, and incapable of being repealed by a subsequent Legislature. Both which would not only reflect upon the best Government in the World; but would also so limit them in the Exercise of their Power, that they could not employ it for the Publick Good.
Hence it follows, that Government is not (as the Author of
The Dispute Adjusted
, foolishly asserts) founded on the Abridgment of natural Rights, but upon these considered in their full Extent, it being the Right of every good Subject to bear a Part in erecting it; as he discovers no Designs, and maintains no Principles that are destructive to the Society. Whereas if any one discovers such Designs, or maintains such Principles, or gives Occasion to suspect his Capacity for Service, he cannot possibly have any such natural Right, but is cut off from it by the Laws of Equity, and therefore may be incapacitated by the Laws of the Community. And this is the Reason why a
Papist
is disabled from enjoying such Privileges as are common to others. It is not merely because he is not a Churchman, but because his Principles make him a professed Enemy to the Society, and prove him no Subject, but rather a Rebel. And therefore as he has no Claim to a Subject's Right, it is just in the Law to deny it him until his changing his Principles entitles him to it. And this is the Reason too, why some
Protestants
, are disqualified for being Representatives of their Country. It is not, sure, because they are
Protestants
, but because their low Circumstances incapacitate them for Service, and render them obnoxious to Bribery and Corruption, and liable to betray, or at least to mismanage a Trust, which they have no Right to dispose of as they please, when it might vastly prejudice those they would represent. And therefore they are cut off by the Law of Equity, which the Civil Power might inforce by Authority. Nor is there any Abridgment of natural Rights in either of these. Much less are they Cases in the least parallel to what the
Adjuster
compares them, as any unprejudiced Person will easily perceive. For the not receiving the Sacrament in the Church, cannot
incapacitate
any Man from serving his Country; nor deprive him of any natural Right. Whereas either his being a
Papist
, or being in low Circumstances, may unfit him for several Offices or Posts, and cut him off from any Claim to them, until he is possessed of such Qualifications as in the Nature of Things put him into a Capacity of managing them.
I must assure this Author (who
appear
to be a
Papist
, or something worse) that on these Principles, which I have advanced, our present Constitution is entirely founded, is built as on the firmest Basis,
and
rests as safe as it is happy and glorious.
To these (maintain'd under God) are owing our Prosperity and Freedom, and all the Advantages we enjoy beyond other Nations, which make us the Envy of all
Europe
, and a Terror to the whole World about us.
Nay, to these (asserted by brave and magnanimous Heroes) not only our own publick and private Felicity is to be attributed; but that also which the World partakes of. All it's Inhabitants taste the Fruits of our Liberty, subsist, in some measure, by our extensive Freedom, which we improve into Principles of Generosity and Benevolence, and diffuse among them with a bounteous Hand.
And, therefore, I think we may justly infer, (let the Adjuster think what he pleases) that, if ever there should be a Change of Government, and the
Papists
should gain the Mastery over us, obliging us to unreasonable Terms of Communion, as a Test of Orthodoxy, or a Civil Qualification, without complying wherewith we must forfeit our Immunities, and be looked upon as having no Claim to them; their Methods of treating us would be very unfair, and contrary to all the Rules of Justice. And,
Yet, if ever they got uppermost they would undoubtedly take such Methods with us, make a Monopoly of Common Rights, and confine them wholly to their own Party, because they reckon themselves the Church. Now would not this be very unreasonable in them and contrary to every Thing that is Civil or Humane? Most certainly it would. For why should they imagine that we must think or believe just as they do, or that our Principles should exactly chime with theirs? There is no Reason, sure, to expect it from us. Nor can any of them, even the Pope himself, have a Right to demand it. Our Understandings are as much our Property as our Estates; and they might as well pretend to deprive us of the Use of the latter, as of the former. And therefore their proposing publick Order and Peace, and the Advancement of Religion in their National Church, could never justify them in establishing it, upon Terms which would destroy our proper Privileges; because these can no more depend upon a Conformity of our Sentiments (while they are innocent) to those of a Majority or a Party, than they can upon the Resemblance of our Faces, or the Similarity of our Noses with their's. This the Adjuster might easily see, if he regarded any thing that is just or honourable.
As every Man receiv'd his Being from God, and was distinguish'd by him from the brutal World, he's accountable to him for his whole Conduct, and answerable to him alone for his Religion. Upon the good or bad Improvement he makes of his Faculties, his Happiness or Misery, hereafter, must depend. And accordingly as he obeys the Voice of Reason and Conscience, so must it eternally fare with him. But as God alone will be his Judge; as future Happiness is of the highest Importance to him, and infinitly preferable to all temporal Interests; therefore Religion must be his chief Concern, and shou'd be always allowed him as a Matter of free Choice; since it is as much his Claim, as any other thing he can, possibly, be intitled to, or possess'd of. And consequently it would be ungenerous, to say no worse, to force or even tempt him either to give up one right, or to deprive him of another.
'Tis possible, they might tell us, that Religion ought to be their principal care, the Church of God always protected, and the Laws of the Land on its Side, and in its Favour. And this is really no more than Truth, and what many of us would frankly allow. But certain it is, at the same time, that Persons of every Denomination whatever, whether Christians or Infidels, who are sincere in their Sentiments, unbiass'd in their Judgments, and virtuous in their Practice, do all belong to the Church of God, and in some Sense might be said to be Believers. And my Reasons for this Assertion are, that they, who live up to this good Character, make the best Use of their own Understandings they can, which the Gospel was intended to bring them to, and which could be the only Design of any Revelation; and withall they act agreeably to their Belief of Things, which are the Terms of Acceptance required in the Gospel, and the only Qualification for the Divine Favour. And as the Scriptures allow a bare Belief to be of no Importance, without a Conversation answerable to it, therefore it must be a Man's Practice that chiefly recommends him. Consequently, every one who acts an honest Part, who rationally and im partially judges of Things, and lives a good Life, is equally with others intitled to the Favour of God, since he believes all that any Being could require of him.
Besides, the Church and Religion, in this Respect, are one, though Mens private Sentiments be ever so different; since every Person acts according to his own Judgment, which could only be the Case, if all were of one Mind, or were ever so Unanimous in their Way of Thinking. And for these and other Reasons, that I could mention, it is strange and surprizing, methinks, that the
Adjuster
, and others of the
Papists
who live among us, and have so great Opportunities of Improvement, should entertain so unworthy Notions of the Deity and Religion, as to imagine the Church is confined to a Party. What is this but making an Idol of Stone, and worshipping the Works of their own Hands? We are now, blessed be God, free from their Iron Yoke, not subject to their Authority; but are established on Principles of genuine Liberty, which makes us the Glory of the whole Universe, and our OEco nomy to bear the nearest Resemblance to Heaven's. Nor is there, scarce, any Thing wanting to complete our Felicity, but that which I shall now briefly mention, and which, if rectified, would perfectly finish it.
We have, for a considerable Time, even since the Twenty-fifth Year of King
Charles
II, been under Obligations which tho' design'd for our Good, do really tend to our Disadvantage upon the whole, and are a sort of Embarrassments upon the best Subjects. I need not be more particular in my Account of this Affair, because, I am persuaded, every one understands it.
How lamentable is it, that a Clergyman who may be supposed to understand his Master's Will, and know Christ's End in dying for the World, is obliged, against Reason and Conscience, to give the Sacrament to Reprobates, purely because he is ordered to do it? Or how great a Profanation must it be of the Ordinance that he must be bound to administer it to a downright Unbeliever, when he thinks he ought not to be admitted to it? Must it not be a deadly Sting to his tender Conscience, and rob him of his inward Peace and Repose; nay, of all the Happiness and Liberty, which by the Laws of Nature and of God, he is intitled to? Undoubtedly it must. For tho' I am of Opinion, (and say it for the Good of Christians in general, and the poor Clergy in particular) that any Person who desires the Sacrament at their Hands, be he ever so immoral in his Life, should have it given him, the principal Intent of it being to perpetuate the Memory of the Death of Christ, who died to confirm the Revelation he gave us, and suffered in the Cause of Virtue for our Imitation of his Example, which a wicked Man has most Reason to imitate; yet as every one cannot, perhaps, have the same Faith with me, nor the same Clearness to do what I could, 'tis pity he should be obliged to obey a Diocesan contrary to his own Persuasion of the Thing. It were better for him there were no Establishment, than thus to be establish'd in Confinement and Misery. And I wonder indeed, that the Clergy in general (at least the inferiour Part of them) do not give in their humble Petition, that the
Test Act
may be repealed, and that they may be freed from the great Incumbrances and Uneasinesses they suffer by it. But,
It is still more deplorable, that a Person who is a Christian by Profession, a Protestant in Principles, and dissents from the Church, only, for her Ceremonies, which he cannot safely comply withall, shall for that very Reason be cut off from his Share of Common Rights, or be marked with a Stigma of Disloyalty, when he is a Staunch Friend to the present Constitution. This cannot be conformable to the Religion of Jesus, nor agreeable to that Justice and Charity, Lenity and Forbearance, which it earnestly recommends; and that gentle and good Spirit which it every where breaths. On the contrary 'tis punishing Persons for acting according to their Consciences, which no Power in Heaven or Earth can warrant. But,
Perhaps it will be said, that they who dissent from the Church or don't conform to her rules are not punish'd; but all good Subjects are allow'd Liberty of Conscience, and to think and speak their own Sentiments without being, in the least molested, or disturb'd for it.
And, in answer to this, we may observe; it is as true and certain, that a Man suffers by an absent Pleasure as well as by a present Pain, as that the latter is the Privation of the former. Remove the one and you give him the other, or give him one, and you take away, t'other. This, I believe, can admit of no dispute. But every Retrenchment of common Rights, or the monopolizing them to one Party, is a Kind of Punishment which the Deprived suffer. It prevents them from enjoying that Pleasure and Happiness which they might receive by them, or, even, by the Hopes of them, both which such Retrenchments entirely frustrate. And if they do nothing at all to forfeit them, then, such Punishment is very unjust. Now, this is exactly the Case of the Dissenters at present; and a melancholy Case it is, upon several Accounts. They are excluded the Be nefit of some natural Rights, because they will not consent to part with others; which, they imagine, is not agreeable to the Laws of Equity, especially when it throws such glaring Reflections on them and singles them out as Enemies to the State. And though I love the Established Church as well as any Man, yet I cannot but say, the Dissenters have some Ground for Complaint. They have always behav'd like Good Subjects, and been active and cordial in the Cause of Liberty, which is the grand Support of our present Constitution: And therefore it is pity they should be so stinted in the Fruits of their own Labour, or taste so little of the Hapiness we enjoy. If
Clarke
or
Woolaston
were living, they would say this is acting contrary to Reason and Truth; (And tho' they are dead they yet speak it to us) because 'tis treating those like dangerous and profess'd Enemies, who should be valued, and esteem'd, and encourag'd as, in truth they are, the firmest Friends we have.
I know it has been alledged, that the
Test Act
has been the Security of the Church; and whenever it is repeal ed, the Church will be in Danger. But this cannot possibly be made appear to be true. On the contrary, it will be found to be the Discredit and Ruin of it. And by the Church here, I shall, for the Sake of one Party mean, only, the Establish'd Church. And what Service, I pray, has the
Test Act
done
it? Has it not crowded it with Numbers of Persons, like the
Adjuster
, with popish Souls in protestant Bodies, who could see it sunk down the
Stygian
Lake; and who make no Scruple of conforming to her Rules, because they believe they at any time have an Indulgence for it? And does it not make the Dissenters on some accounts prejudic'd against her, and look upon her as an uncharitable Body, that denies Liberty and Property to her Neighbours? For tho' it might be said, that the Church is not so Chargeable with it, and that is the Civil Power has order'd things to be as they are; yet while there are so many B--ps in P---t whose Power and Influence are so extensive the Church (tho' the best part would rejoyce at the News of a Repeal) will always bear the blame of it; and the Dissenters will think they suffer by her. Where as if their grievances, in this respect, were redress'd, they woud not only have a better Opinion of the Church, but wou'd Love her Ministers as they do their own, and make very little distinction between them.
After all, it is a melancholy Reflection that the Christian Sacrament, which was intended to mind us of our Obligations to the Deity, and to improve us in the Practice of Moral Virtue, should be prostituted to the low Purposes of secular Interests. This is very contrary to the Institution of it. It is inverting the very Order and Nature of Things; making the future World subservient, or rather inferiour to the present; and Heaven itself a Handmaid to Earth.
The greatest Enemy to the Christian Religion (which I firmly believe of divine Original) is the great Profanation of this Ordinance. It causes many, when they see it used as a Test, imagine it nothing but a political Engine, no ways binding the Consciences of Men, but as their temporal Interest leads them. Nay, it is certainly the Occasion of the Growth both of
Popery
and
Deism
;
because
wherever Men see it thus prostituted to every mean and common Use, it confirms them in their Belief there is nothing in Religion; which makes them take up with any Scheme of it, when they
have
a Prospect of Pleasure or Gain. And this leads them on to a Dissolution of Manners, Contempt of moral Obligations, and all the Wickedness which destroys Society, to the great Dishonour of Almighty God, and the vast Discredit of the Gospel of Christ.
And now let any Man judge, if such a Thing can be the Security of a Church, which is so destructive of Virtue and Happiness: Which tempts some Men to sin against Light, others to violate the Laws of Conscience; some to contemn every thing that is sacred, others to believe there is no Religion. Let him divest himself of all Prejudices of Bigotry and Party, Education and Interest, and let him judge impartially of the Nature and Consequences of it; and, I am perswaded, he will find it the Bane of Christianity.
For these Reasons which I have (and others I might have) advanc'd, many in the Church desire the Repeal of it. They see the several Grievances which now attend it; and are under no Apprehensions of Danger, in case it were null'd. They know our Lawgivers to be Men of Renown, and sufficiently qualified to defend them from Popery, by substituting another Act in lieu of the Test.
And, therefore, I think it need be no Dispute with any Man, or Society of Men, whether or no they should push for the Repeal of it; or whether now is a proper Time for it. Of this the Legislature are the best Judges, and can only know it when it comes before them. Yet, some Men are always as timorous of Pushing, as if they had a desperate Adversary before them, and dreaded the Danger of a Home-thrust. But
If ever there can be a proper time for the Tryal of this affair, 'tis certainly now, when we are not disturb'd with the noise of War abroad, nor with a factious and Party Spirit at home, but enjoy perfect Tranquillity and Peace, and are easie and quiet among ourselves. And when, besides, we have such Noble and Illustrious Senators who are as Remarkable for their Love of Liberty, as they are Celebrated for their Consummate Wisdom and Vigilance, and hearty concern for the Publick Welfare.
So that there can be no excuse for now deferring it, but what will eternally appear as plausible as Now. Let us therefore stand fast in this true faith; quit ourselves like Men when we are call'd to it; and be strong in a Cause on which so much depends.
FINIS.
A
Legall Vindication
Of the Liberties of England, Against ILLEGALL TAXES And
pretended Acts of Parliament
Lately enforced on the
People
:
OR,
Reasons
assigned by
William Prynne
of
Swainswick
in the County of
Sommerset, Esquire
,
why he can neither in
Conscience, Law
, nor
Prudence
submit to the New
illegall Tax
or
Contribution
of
Ninety Thousand pounds the
Month
; Lately imposed on the
Kingdom
, by a
pretended Act
of
some commons in
(or rather
out
of)
Parliament
.
Esay
1.7.
He looked for
Judgment,
but behold
Oppression;
for
Righteousness,
but behold a
Cry.
Psal.
12.5.
For the
Oppression
of the
poor,
for the
Sighing
of the
needy;
now will I arise (saith the Lord) and will set him in safety from him that would ensnare him
.
Exod.
6.5,6.
I have also heard the groaning of the children of Israel, whom the Ægyptians keep in bondage; and I have remembred my Covenant. Wherefore say unto the children of Israel, I am the Lord, and I will bring you out from under the Burdens of the Ægyptians; and I will rid you out of their Bondage: and I will redeem you with a stretched out arm, and with great Judgments
.
Eccles.
4.1,2.
So I returned and considered all the Oppressions that are done under the Sun, and beheld the tears of such as were oppressed, and they had no Comforter; and in the hand of their Oppressors there was power, but they had no Comforter: Wherfore I praised the dead which are already dead, more then the living which are yet alive
.
London
, Printed for
Robert Hodges
, and are to be sold by him, 1649.
Reader, Think it not strange to see this in the Front, printed before the Title; for the Author being far distant, and his Servant negligent, and the Copy coming by the lame Post; this Objection could not come in the right place; Therefore insert and read as here is noted.
The
Objection
in
page
44. is to be inserted and read in
pag.
10. immediately before, Secondly,
should I voluntarily submit, &c.
p. 44 does not exist
REASONS Assigned by
WILLIAM PRYNNE
, &c.
BEing on the 7 of this instant
June
1649 informed by the Assessors of the Parish of
Swainswicke
, that I was assessed at 2l. 5.s. for three months
Contribution
, by vertue of a (pretended)
Act of the Commons assembled in Parliament
, bearing date the 7 of
April
last, assessing the Kingdom at ninty thousand pounds monthly, beginning from the 25 of
March
last, and continuing for six months next ensuing,
towards the maintenance of the forces to be continued in England and Ireland, and the paying of such as are thought fit to be disbanded, that so Free-quarter may be taken off
; whereof 3075l. 17s. 1 d.ob. is monthly imposed on the County, and 2l. 5s. 3d. on the small poor Parish where I live; and being since on the 15 of
June
required to pay in 2l. 5s. for my proportion: I returned the
Collector
this Answer, That I could neither in
Conscience, Law, nor Prudence in the least measure submit to the voluntary payment of this illegal Tax, and unreasonable Contribution, (after all my unrepaired losses and sufferings for the publick Liberty) amounting to six times more then
Ship-money (the times considered)
or any other illegall Tax of the late beheaded King, so much declaimed against in our three last Parliaments by some of those who imposed this. And that I would rather submit to the painfullest death and severest punishment the Imposers or Exactors of it could inflict upon me by their arbitrary power (for legall they had none) then voluntarily pay, or not oppose it in my place and calling to the uttermost, upon the same, if not better reasons as I oppugned
See my
humble Remonstrance against Shipmoney
.
Ship-money, Knighthood, and other unlawfull impositions of the late King and his Councel, heretofore
. And that they and all the world might bear witnesse, I did it not from meer obstinacy or sullennesse; but out of solid reall grounds of
Conscience, Law, Prudence
, and publick affection to the weal and Liberty of my native Country (now in danger of being enslaved unter
a new vassalage
, more grievous then the worst it ever yet sustained under the late, or any other of our worst Kings) I promised to draw up the Reasons of this my refusal in writing, and to publish them so soon as possible to the
Kingdom
, for my own
Vindication
, and the better information and satisfaction of all such as are any wayes concerned in the imposing, collecting, levying, or paying of this strange kinde of Contribution. In pursuance whereof, I immediately penned these ensuing
Reasons
; which I humbly submit to the
impartiall Censure
of all
conscientious
and
judicious Englishmen
; desiring either their
ingenuous Refutation
, if
erronious
; or
candid Approbation
, if
substantiall and irrefragable
, as my
conscience
and
judgment
perswade me they are, and that they will appear so to all
impartiall Persons
, after full examination.
First, By the fundamental Laws, and known Statutes of this Realme, No Tax, Tallage, Ayd, Imposition, Contribution, Loan or Assessment whatsoever may or ought to be imposed or levied on the free men and people of this Realm of
England
, but by the WILL and COMMON ASSENT of the EARLS, BARONS, Knights, Burgesses, Commons and WHOLE REALM in a free and full PARLIAMENT, by ACT OV PARLIAMENT: All
Taxes
&c. not so imposed, levyed (though for the common defence and profit of the Realm)
being unjust, oppressive, inconsistent with the liberty and propertie of the Subject, Laws and Statues of the Realm
; as is undeniably evident by the expresse Statues of
Magna Charta
, cap. 29. 30. 25. E. 1.c.5,6. 34. E. 1.
De Tallagio non concedendo
c.1. 21. E. 3. Rot. Parl. n. 16. 25. E. 3. c.8. 36. E. 3. Rot. Parl. n. 26. 45. E. 3. Rot. Parl. n. 42. 11. H. 4. Rot. Parl. n.10. 1. R. 3. c. 2. The
Petition of Right
, and Resolutions of both Houses against
Loans
, 3.
Caroli
: The Votes and Acts against
Ship-money, Knighthood
, Tonnage and Poundage, and the Star-chamber this last Parliament, 17. & 18
Caroli
. And fully agreed and demonstrated by Mr.
William Hackwell
in his
Arguments against Impositions
; Judge
Hutton
and Judge
Crook
in their
Arguments
, and Mr.
St. John
in his
Argument
and
Speech
against
Ship-money
, with other
Ar guments
and
Discourses
of that subject: Sir
Edward Cook
in his 2
Instit.
(published by Order of the Commons House) pag. 59. 60. &c. 527. 528. 529. 532. 533, &c. with sundry other Records and Law-books cited by these great Rabbies of the Law, and Patriots of the Peoples Liberties. But the present Tax of Ninety Thousand pounds a Month, now exacted of me, was not thus imposed. Therefore it ought not to be demanded of, nor levied on me; and I ought in conscience, Law, and prudence to withstand it as unjust, oppressive, inconsistent with the Liberty and Property of the Subject, Law and Statutes of the Realm.
To make good the Assumption, which is onely questionable.
First, This Tax was not imposed in, but out of any Parliament, the late Parliament being actually dissolved above two months before this pretended Act of these Tax-imposers taking away the King by a violent death, as is expresly resolved by the Parliament of 1. H. 4. Rot. Parl. n. 1. by the Parliment of 4. H. 4. and 1. H. 5. Rot Parliam. n. 26.
Cook
4
Institutes
p.46.and 4.E.4.44.b. For the King being both
the Head, beginning, end and foundation of the Parliament
(as
Modus tenendi Parliamentum
: and Sir
Edward Cooks
4.
Instit.
p. 3. resolve) which was summoned and constituted only by his Writ now
See 1 E. 6. cap. 7. Cook 7. Report. 30. 31. Dyer 165. 4. E. 4.23.44. 1 E. 5.1. Brook Commission. 19.21.
actually abated by his death
: and the Parliament (as is evident by the clauses of the severall Writs of
Summons
to
Cromptons Jurisdiction of Courts
, fol. 1. Cook 4. Instit. p. 9.10.
the Lords
, and
for the election of Knights and Burgesses
, and levying of their wages) being onely
PARLIAMENTUM NOSTRUM
, the Kings Parliament that is dead, not his heirs and Successors; and the Lords and Commons being all summoned and authorized by it to come to HIS PARLIAMENT, there to be present, and conferre with HIM (
NOBISCUM
, not his Heirs and Successors) of the weighty and urgent affairs that concerned (
NOS
) HIM and HIS KINGDOME of England; and the Knights and Burgesses receiving their wages for,
Nuper ad NOS ad PARLIAMENTUM NOSTRUM veniendo, &c. quod sommoneri FECIMUS, ad tractandum ibidem super diversis & arduis Negotiis NOS & Statum REGNI NOSTRI tangentibus
, as the tenor of the
5. Ed. 3. 6. part. 2. Dors. Claus. Regist. f. 192.200.
Writs
for their wages determines. The king being dead, and his Writ and Authority by which they were summoned, with the ends for which they were called (to
confer with
HIM,
about
HIS, and HIS KINGDOMS
affairs
&c. being thereby absolutely determined, without any hopes of revivall; the Parliament it self must thereupon absolutely be determined likewise (especially to those who have disinherited HIS HEIRS and SUCCESSORS, and voted down our Monarchy it self) and these with all other Members of Parliament, cease to be any longer Members of it, being made such onely by the King's abated Writ; even as all Judges, Justices of peace, and Sheriffs made onely by the Kings Writ or Commission, not by Letters Patents, cease to be Judges, Justices and Sheriffs by the Kings death, for this very reason, because they are constituted
Justiciarios & Vicecomites NOSTROS ad Pacem NOSTRAM &c. custodiendam
; and he being dead, and his Writs and Commissions expired by his death, they can be his Judges, Justices and Sheriffs no longer to
preserve
HIS Peace &c. (no more then a wife can be her deceased Husbands Wife, and bound to his obedience, from which she was losed by his death,
Rom.
7.2.3.) And his Heirs and Successors they cannot be, unlesse he please to make them so by his new Writs and Commissions, as all our
4 Ed. 4.44. 1 E. 5.1. Brook Commissions. 19.21. & Officer, 25. Dyer. 165. Cook 7. Report. 30.31. 1 E. 6. c.7 Daltons Justice of Peace. c. 3. p. 13. Lambert p. 71
Law-Books
and Judges have frequently resolved
upon
this very reason, which equally extends to Members of Parliament, as to Judges, Justices and Sheriffs, as is agreed in 4 E. 4.43.44. and
Brooke, Office
and
Officer
, 25. Therefore this Tax being cleerly imposed not in, but out of, and after the Parliament ended by the Kings decapitation, and that by such who were then no lawfull Knights, Citizens, Burgesses or Members of Parliament, but onely private men, their Parliamentary Authority expiring with the King, it must needs be illegall, and contrary to all the fore-cited Statutes; as by the Convocations and Clergies Tax and Benevolence granted after the Parliament dissolved in the yeer 1640, was resolved to be by both Houses of Parliament, and those adjudged high Delinquents who had any hand in promoting it.
2. Admit the late Parliament stil in being, yet the House of Peers, Earles and Barons of the Realm were no ways privy nor concenting to this Tax, imposed without, yea against their consents in direct affront of their most ancient undubitable Parliamentary Right and Priviledges, (these Tax-masters having presumed to vote down and nul their very House, by their new en croached transcendent power) as appears by the title and body of this pretended Act, intituled by them,
An Act of
THE COMMONS
assembled in Parliament
: Whereas the House of Commons alone, though full and free, have no more lawful Authority to impose any tax upon the people, or make any Act of Parliament or binding Law without the Kings or Lords concurrence, then the man in the moon, or the convocation
Anno
1640. after the Parliament dissolved (as is evident by the express words of the forecited Acts, the
Petition of Right
it self; Acts, for the
Trienniall Parliament
; and against the proroging or dissolving this Parliament, 17.
Caroli
: with all our printed Statutes,
14. R. 2. n. 15. 11. H. 4. n. 30. 13. H. 4. n. 25.
Parliament Rolls
, and
4. H. 7.18. b. 7. H. 7. 14. 16. 11. H. 7. 27. Fortescue c. 18. f. 20. Dyer 92. brook Parliament. 76. 197. Cooks 4. Institutes p. 25.
Law-Books
:) they neither having nor challenging the sole Legislative power in any age; and being not so much as summoned to, nor
constituting members of our
See the Freeholders grand inquest, and my Plea for the Lords.
ancient Parliaments
(which
consisted of the King and
Spiritual and Temporal Lords, without any Knights, Citizens, or Burgesses as all our Histories and Records attest) til 47 H. 3. at soonest; they having not so much as a speaker or Commons House til after the beginning of King
Edward
the third his reign, as never presuming to make or tender any Bils or Acts to the King or Lords, but Petitions only for them to redress their grievances and enact new Laws, til long after
Rich.
the seconds raign, as our Parliament Rolls, and the printed prologues to the Statutes of 1. 4. 5. 9. 10. 20. 23. 36. 37. and 50.
Ed.
3. 1.
Rich.
2. 1. 2. 4. 5. 7. 9. 11. 13.
Hen.
4. 1. 2. 3. 4. 8. 9.
Hen.
5. 1. 2. 3. 4. 6. 8. 9. 10. 11. 14. 15. 29. 28. 29. 39.
Hen.
6. 1. 4. 7. 8. 12. 17. 22.
Ed
. 4. and 1.
Rich
.3. evidence (which run all in this form.
At the Parliament holden
&c.
by
THE ADVICE and ASSENT OF THE LORDS SPIRITUAL and TEMPORAL and at THE SPECIAL INSTANCE and REQUEST OF THE COMMONS OF THE REALM, (BY THEIR PETITIONS
put in the said Parliament
, as some Prologues have it.)
Our Lord the King hath caused to be ordained, or ordained
CERTAIN STATUTES &c.) where the advising and assenting to Lawes is appropriated to the Lords; the ordaining of them to the King; and nothing but the requesting of, and petitioning for them both from King and Lords to the Commons, in whom the Legislative power principally if not solely resided; as is manifest by the printed Prologue to the Statute of
Merton.
20.
Hen.
3. The Statute of
Morteman.
7.
Ed.
1. 31.
Ed.
3.
De Aspertatis Religiosorum
. Therefore this
Tax imposed
by the Commons alone without King or Lords, must needs be void, illegal, and no ways obligatory to the subjects.
3. Admit the whole House of Commons in a full and free Parliament had power to impose a
Tax
, and make an Act of Parliament for levying it without King or Lords; (which they never did nor pretended to in any age) yet this Act and Tax can be no ways obliging, because not made and imposed by a full and free House of Commons, but by an empty House, packed swayed, overawed by the chief Officers of the Army, who have presumed by meer force and armed power, against law and without president, to seclude the Major part of the House, (at least 8 parts of 10) who by Law and custome are the House it self, from sitting or voting with them, contrary to the Freedom and Priviledges of Parliament; readmitting none but upon their own termes. An usurpation not to be paralleld in any age, destructive to the very being of Parliaments;
Cooks 4. Institutes p. 1.
Where all Members
ex debito Justiciæ
, should
with
have equal Freedom meet and speak their mindes
: injurious to all those Counties, Cities, Boroughs, whose Knights, Citizens and Burgesses are secluded, and to the whole Kingdom; yea contrary to all rules of reason, justice, policy, conscience, and their own
Agreement of the people
, which inhibit the far lesser part of any Councel, Court, or Committee, to over-sway, seclude or forejudge the major number of their Assessors and fellow Members, over whom they can no wayes pretend the least jurisdiction, it being the high way to usher Tyranny and confusion into all Councels and Realms to their utter dissolution, since the King alone without Lords and Commons, or the Lords alone without
King
or Commons, may by this new device make themselves an absolute Parliament to impose Taxes and enact Lawes without the Commons, or any other forty or fifty Commoners meeting together without their companions do the like, as wel as this remnant of the Commons make themselves a compleat Parliament without King, Lords, or their fellow Members, if they can but now or hereafter raise an Army to back them in it, as the Army doth those now sitting.
4. Suppose this Tax should bind these Counties, Cities, and Boroughs, whose Knights, Citizens and Burgesses sat and consented to it when imposed, (though I dare sware imposed against the mindes and wills of all or most of those they represent; (who by the
Declaration on Nov. 28. & 30. 1948.
Armies new Doctrine, may justly question and revoke their authority for this high breach of Trust
; the rather, because the Knights and Burgesses assembled in the first Parliament of E. 3.
rot. Parl. n.
8.
Did all refuse to grant a great extraordinary Subsidie then demanded of them
(though not comparable to this)
for the necessary defence of the Kingdom against Forraign enemies, till they had conferred with the Counties and Burroughs for which they served, and gained their assents
:) Yet there is no shadow of reason, Law, or Equity, it should oblige any of the secluded Members themselves, whereof I am one; or those Counties, Cities, or Burroughs, whose Knights, Citizens and Burgesses have been secluded or scared thence by the Armies violence, or setling Members illegall Votes for their seclusion; who absolutely disavow this Tax and Act as un-Parliamentary, illegall, and never assented to by them in the least degree; since
the only
39. Ed. 3. 7. 4. H. 4. 10. Brook Parlia. 26. 40. Cook 4. Instit. p. 1. 25. 26. 1. Jac. ch. 1.
reason in Law or equity, why Taxes or Acts of Parliament oblige any Member, County, Burrough, or Subject is, because they are parties and consenting thereunto either in proper person; or by their chosen Representatives in Parliament
; it being a received Maxime in all Laws,
Quod tangit omnes, ab omnibus debet approbari
. Upon which reason it is judged in our
49. Ed. 3. 18, 19.21. H. 7. 4. Brooke customs 6. 32.
Law-books
, That
By-Laws oblige only those who are parties, and consent unto them, but not strangers, or such who assented not thereto
. And (which comes fully to the present case) in 7 H. 6. 39. H. 6. 34.
Brooke
Ancient Demesne 20. & Parl. 17. 101. It is resolved,
That Ancient Demesne is a good plea in a Writ of Wast upon the Statutes of Waste, because those in Ancient Demesne were not parties to the making of them
, FOR THAT THEY HAD NO KNIGHTS NOR BURGESSES IN PARLIAMENT,
nor contributed to their expences
. And Judge
Brook
Parliament 101. hath this observable Note.
It is most frequently found, that Wales and County Palatines
, WHICH CAME NOT TO THE PARLIAMENT (in former times, which now they do) SHALL NOT BE BOUND BY THE PARLIAMENT OF ENGLAND:
for ancient Demesne is a good Plea in an action of wast, and yet Ancient Demesne is not excepted
: and it is enacted, 2. Ed. 6. c. 28.
that fines with Proclamation shall be in Chester, for that the former Statutes did not extend to it: and it is enacted, That a Fine and Proclamation shall be in Lancaster
. 5. & 6. E. 6.c.26.
And a Proclamation upon
ita exigent
is given by the Statute in Chester and Wales
, 1. E. 6. 20.
and by another Act to Lancaster
, 5. &. 6. E. c. 26.
And the Statute of Justices of Peace extended not to Wales and the County Palatine
; and
therefore and Act was made for Wales and Chester
, 27. H. 8. c. 5. who had Knights and Burgesses appointed by that Parliament for that and future Parliaments by Act of Parliament, 27. H. 8. cap. 26. since which they have continued, their wages being to be levyed by the Statue of 35. H. 8. c. 11. Now, if Acts of Parliament bound not
Wales
and
County Palatines
, which had anciently no Knights nor Burgesses in Parliament to represent them, because they neither personally nor representatively were parties and consenters to them; much lesse then can or ought this Leavie, Tax and illegall Act to binde those Knights, Citizens and Burgesses, or those Counties, Cities and Burroughs they represented, who were forcibly secluded, or driven away from the Parliament by the confederacy, practice, or connivance at least, of those now sitting, who imposed this Tax, and passed this strange Act; especially, being for the support and continuance of those Officers, and that Army who trayterously seised and secluded them from the House, and yet detain some of them Prisoners, against all Law and Justice. The rather, because they are the far major part (above six times as many as those that sate and shut them out) and would no wayes have consented to this illegall Tax, or undue manner of imposing it, without the Lords concurrence, had they been present. And, I myself, being both an unjustly imprisoned and secluded Member, and neither of the Knights of the County of
Somerset
, where I live, present or consenting to this Tax or Act, one or both of them being forced thence by the Army, I conceive neither my self, nor the County where I live, nor the Burrough for which I served, in the least measure bound by this Act or Tax, but cleerly exempted from them, and obliged with all my might and power effectually to oppose them.
Object.
If any here object, That by the custome of Parliament 40 Members onely are sufficient to make a Commons House of Par liament, and there were at least so many present when this Tax was imposed: Therefore it is valid and obligatory both to the secluded absent Members, and the Kingdom.
Answ.
I answer, First, That though regularly it be true, that forty Members are sufficient to make a Commons House to begin prayers, and businesses of lesser moment in the beginning of the day, till the other Members come, and the House be full; yet forty were never in any Parliament reputed a competent number to grant Subsidies, passe, or record Bils, or debate or conclude matters of greatest moment; which by the constant Rules and usage of Parliament, were never debated, concluded passed, but in a
free
and
full House
, when all or most of the Members were present, as the Parliament
Rolls, Journals,
Modus tenendi Parliamentum
, Sir
Edward Cooks
4. Institutes, p. 1. 2. 26. 35. 36.
Cromptons
Jurisdiction of Courts, f. 1 &c. 39. E. 3. 7.
Brook
Parliament. 27. 1.
Jacobi
, c.1. and the Records I have cited to this purpose in my
Levellers levelled
, my
Plea for the Lords
, and
Memento
, p. 10. abundantly prove beyond contradiction; for which cause the Members ought to be fined, and lose their wages, if absent without special Licence, as
Modus tenendi Parliamentum
, as 5. R. 2. Parl. 2. c. 4. 9. H. 8. c. 16. and
A collection of all Orders, &c.
of the late Parliament, pa. 294. 357. with their frequent summoning and fining absent Members, evidence.
Secondly, Though forty Members onely may peradventure make an House in cases of absolute necessity, when the rest through sicknesse, and publick or private occasions, are voluntarily or negligently absent; and might freely repair thither to sit or give their Votes if they pleased: yet forty Members never yet made a Commons House by custome of Parliament (there being never yet any such case till now) when the rest (being above four hundred) were forcibly secluded, or driven thence by an Army, through the practice or connivance of those forty sitting, of purpose that they should not over nor counter-vote them; much lesse an House to sequester or expell the other Members, or impose any Tax upon them. Till they shew me such a Law, Custom, or President of Parliament (not to be found in any age) all they pretend is nothing to purpose, or the present case.
Thirdly, Neither forty members, nor a whole House of Commons were ever enough in any age, by the Custom of Parlia ment, or Law of England, to impose a Tax, or make any Act of Parliament, without the King and Lords, as I have
See
my Plea for the Lords
, and
Levellers levelled
.
already
proved; much lesse after they ceased to be Members by the Parliaments dissolution through the Kings beheading: Neither were they ever invested with any legall power to seclude or expell any of their fellow-Members (especially, if duly elected) for any Vote wherein the Majority of the House concurred with them, or differing in their consciences and judgments from them; nor for any other cause, without the Kings and Lords concurrence (in whom the ordinary judicial power of the Parliament resides) as I have undenyably proved by presidents and reason in my
Plea for the Lords
, p. 47. to 53. and
Ardua Regni
, which is further evident by
Claus. Dors.
7. R. 2. m. 27. and Mr.
Seldens
Titles of Honour, p. 737. Baronet
Camoyes
Cafe,
discharged from being Knight of the Shire by the Kings Writ and Judgment, because a Peer of the Realm
; the practice of sequestring and expelling Commons by their fellow-Commons onely, being a late dangerous, unparliamentary usurpation (unknown to our Ancestors) destructive to the priviledges and freedom of Parliaments, and injurious to those Counties, Cities, Burroughs, whose Trustees are secluded; the House of Commons it self being no Court of Justice to give either an Oath or finall Sentence, and having no more Authority to dismember their fellow-Members, then any Judges, Justices of Peace, or Committees have to dis-judge, dis-justice, or dis-committee their fellow Judges, Justices and Committee-men, being all of equall authority, and made Members onely by the Kings Writ and Peoples Election, not by the Houses, or other Members Votes; who yet now presume both to make and unmake, seclude and recall, expell and restore their fellow-Members at their pleasure, contrary to the practice and resolution of former ages, to patch up a
factious Conventicle
in stead of an
English Parliament
. Therefore this Objection no ways invalids this first Reason; why I neither can nor dare submit to this illegall Tax in
Conscience, Law
, or
Prudence
, which engage me to oppose it in all these respects.
Secondly, Should I voluntarily submit to pay this Tax, and that by vertue of an Act of Parliament made by those now sitting, (some of whose Elections have been voted voyd; otheres of them elected by new illegall Writs under a new kind of Seal, since the Kings beheading, as the
Earl of Pembroke
, and Lord
Edward Howard
, uncapable of being Knights or Burgesses by the Common Law and Custome of Parliament, being Peers of the Realm (if now worthy such a Title) as was adjudged long since in the Lord
Camoyes
case.
Claus. Dors.
7. R. 2. m. 32. and asserted by Master
Selden
in his Titles of Honour: part. 2. cha. 5. p. 737. Seconded by Sir
Edward Cook
in his 4. Institutes. p. 1. 4, 5. 46, 47, 49.) As I should admit these lawfull Members, so I should therby tacitly admit,
& ex post facto
assent to some particulars, against my knowledg, judgment, conscience,
Oaths of Supremacy, Allegiance, Protestation, and Solemn League and Covenant
, taken in the
presence of God himselfe, with a sincere heart and reall intention to perform the same, and persevere therein all the dayes of my life, without suffering my selfe directly or indirectly, by whatsoever Combination, perswasion or terrour to be withdrawne therefrom
. As First, That there may be and now is a lawfull Parliament of England actually in being and legally continuing after the Kings death, consisting only of a few late Members of the Commons House, without either King, Lords or most of their fellow Commons: which the very Consciences and judgments of all now sitting, that know any thing of Parliaments, and the whole Kingdome if they durst speak their knowledg, know and beleeve to be false, yea against their Oaths and Covenant. Secondly, That this Parliament (so unduly constituted and packed by power of an Army combining with them) hath a just and lawfull Authority to violate the Priviledges, Rights, Freedoms, Customes, and alter the constitution of our Parliaments themselves; imprison seclude, expell most of their fellow Members for voting according to their consciences; to repeal all Votes, Ordinances and Acts of Parliament they please, erect new Arbitrary Courts of war and Justice to arraign, condemn, execute the King himself, with the Peers and Commons of this Realm by a new kind of Martiall Law, contrary to
Magna Charta
, the
Petition of Right
, and
Law
of the Land: disinherit the Kings Posterity of the Crowne, extirpate Monarchy and the whole House of Peers, change and subvert the ancient Government, Seals, Laws, Writs, Legall proceedings Courts, and coyne of
the
Kingdome; sell and dispose of all the Lands, Revenues, Jewels, goods of the Crowne, with the Lands of Deans and Chapters, as they think meet; absolve them selves (like so many antichristian Popes) with all the Subjects of
England
and
Ireland
, from all the Oaths and engagements they have made TO THE KINGS MAJESTY, HIS HEIRS AND SUCCESSORS: yea, from their very Oath of
Allegiance
, nothwithstanding this express clause in it (which I desire may be seriously and conscienciously considered by all who have sworne it) I
do beleeve and in Conscience am resolved, that neither the Pope
, NOR ANY PERSON WHATSOEVER HATH POWER TO ABSOLVE ME OF THIS OATH, OR ANY PART THEREOF, which I acknowledge by good and full Authority to be lawfully ministred unto me, and DO RENOUNCE ALL PARDONS AND DISPENSATIONS TO THE CONTRARY: dispense with our Protestations, Solemn League and Covenant, so lately
zealously urged and injoyned by both Houses on Members, Officers, Ministers, and all sorts of People throughout the Realme
: dispose of the Forts, Ships, Forces, Officers, and Places of Honour, Power, Trust or profit within the Kingdom to whom they please; to displace and remove whom they please from their Offices, Trusts, Pensions, Callings, at their pleasures without any legall cause or tryall: to make what new Acts, Lawes, and reverse what old ones they think meet, to insnare inthrall our Consciences, Estates, Liberties, Lives: to create new
monstrous Treasons
never heard of in the world before; and declare
reall treasons
against
King, Kingdome, Parliament
, to be no
treasons
, and
Loyalty, Allegiance, due obedience
to our knowne Lawes, and consciencious observing of our Oaths and Covenant (the breach whereof would render us
actuall Traytors
and
pernicious persons
) to be no lesse then
High Treason
, for which they may justly
imprison, dismember, disfranchise, displace and fine us
at their wills (as they have done some of late)
and confiscate our persons and lives to the Gallowes, and our estates to their new Exchequer
; ( a Tyranny beyond all Tyrannies ever heard of in our Nation, repealing
Magna Charta
, c. 29. 5. E. 3. c. 6. 25. Edw. 3. cap. 4. 28. Ed. 3. c. 3. 37. E. c.18. 42. E. 3. cap. 3. 25. Ed. 3. cap. 2. 11. R. 2. c. 4. 1. H. 4. c. 10. 2. H. 4. Rot. Par. 11. N. 60. 1. E. 6. c. 12. 1. m. c. 1.
The Petition of Right
, 3
Caroli
, and laying all our Laws, Liberties, Estates, Lives in the very dust after so many bloody and costly years wars to defend them against the Kings invasions) rayse and keep up what force they will by
Sea
and
Land
, to impose what heavy
Taxes
they please, and renew, increase, multiply and per petuate them on us as long as they please to support their own encroached more then Regall, Parliamentall, Super-transcendent Arbitrary power over us, and all that is ours or the Kingdoms, at our private and the publique charge, against our wills, judgments, consciences, to our absolute enslaving, and our three Kingdoms ruine, by engaging them one against another in new Civill wars, and exposing us for a prey to our Forraign Enemies. All which with other particulars lately acted and endowed by the Imposers of this
Tax
, by colour of that pretended Parliamentary Authority by which they have imposed it, I must necessarily admit, acknowledge to be just and legall by my voluntary payment of it, of purpose to maintaine an Army to justify and make good all this, by the meer power of the Sword; which they can no wayes justify and defend by the Laws of God or the Realm, before any Tribunall of God or Men when legally arraigned as they shall one day be. Neither of which I can or dare acknowledge without incurring the guilt of most
detestable Perjury
, and
Highest Treason
,
against King,
Kingdom, Parliament, Laws and Liberties of the People: and therefore cannot yeeld to this Assessement.
Thirdly
. The principall ends and uses proposed in the pretended Act and Warrants thereupon for payment of this
Tax
are strong Obligations to me, in point of
Conscience, Law, Prudence
, to withstand it; which I shall particularly discusse.
The First is, the maintenance and continuance of the present Army and forces in
England
under the Lord
Fairfax
. To which I say, First, as I shall with all readinesse, gratitude and due respect acknowledg their former Gallantry, good and faithfull Services to the Parliament and Kingdom, whiles they continued dutiful and constant to their first Engagements and the ends for which they were raised by both Houses, as far forth as any man; so in regard of their monstrous defections and dangerous Apostacy from their Primitive obdience, faithfulnesse and engagements in disobeying the Commands and levying open warre against both Houses of Parliament, keeping an horrid force upon them at their very doors, seising, imprisoning, secluding, abusing and forcing away their Members, printing and publishing many high and treasonable Declarations against the Institution, Priviledges, Members and Proceedings of the late, and being of all future Parliaments; imprisoning, abusing, arraigning, condemning and executing our late King, against the Votes, faith, and engagements of both Houses, and disinheriting his Posterity, usurping the Regal, Parliamental, Magistratical, and Ecclesiastical power of the Kingdom to their Generall Councel of Officers of the Army, as the supreme swaying Authority of the Kingdom, and attempting to alter and subvert the ancient Government, Parliaments, Laws, and Customs of our Realm: And upon serious consideration of the ordinary unsufferable Assertions of their Officers and Souldiers uttered in most places where they quarter, and to my self in particular, sundry times.
That the whole Kingdom, with all our Lands, Houses, goods, and whatsoever we have, is theirs, and that by right of conquest, they having twice conquered the Kingdom: That we are but their conquered slaves and Vassals, and they the Lords and Heads of the Kingdome: That our very lives are at their mercy and courtesie. That when they have gotten all we have from us by Taxes and Free-quarter, and we have nothing left to pay them, then themselves will seise upon our Lands as their own, and turn us and our Families out of doors, That there is now no Law in England
(nor never was if we beleeve their lying Oracle
Peters) but the sword
; with many such like vapouring Speeches and discourses, of which there are thousands of witnesses: I can neither in
Conscience, Law
nor
Prudence
assent, much lesse contribute in the least degree, for their present maintenance, or future continuance, thus to insult, inslave, and tyrannize over King, Kingdom, Parliament, people at their pleasure, like their conquered vassals. And for me in particular to contribute to the maintenance of those, who against the Law of the Land, the priviledges of Parliament, and liberty of the Subject, pulled me forcibly from the Commons House, and kept me prisoner about two months space under their Martiall, to my great expence and prejudice, without any particular cause pretended or assigned, only for discharging my duty to the Kingdom, and those for whom I served in the House, without giving me the least reparation for this unparallell'd injustice, or acknowledging their offence (and yet detain some of my then fellow-Members under custody by the meer power of the Sword without bringing them to tryall) would be not onely absurd, unreasonable, and a tacite justification of this their horrid violence and breach of priviledge, but monstrous un naturall, perfidious, against my Oath and Covenant.
2. No Tax ought to be imposed on the Kingdom in Parliament it self, but in case of necessity, for its common Good, as is cleer by the Stat. of 25. E. 1. c. 6. and
Cooks
2 Instit. p. 528. Now it is evident to me, that there is no necessity of keeping up this Army for the Kingdoms common Good, but rather a necessity of disbanding it, or the greatest part of it, for these reasons: 1. Because the Kingdom is generally exhausted with the late 7 years Wars, Plunders and heavie Taxes; there being more moneys levied on it by both sides, during these eight last years, then in all the Kings Reigns since the Conquest, as will appear upon a just computation: all Counties being thereby utterly unable to pay it. 2. In regard of the great decay of Trade, the extraordinary dearth of cattel, corn, and provisions of all sorts; the charge of relieving a multitude of poor people, who starve with famine in many places, the richer sort eaten out by Taxes and Free-quarter, being utterly unable to relieve them. To which I might add the multitude of maimed Souldiers, with the widows and children of those who have lost their lives in the Wars, which is very costly. 3. This heavie Contribution to support the Army, destroys all Trade, by fore-stalling and engrossing most of the moneys of the Kingdom, the sinews and life of Trade; wasting the provisions of the Kingdom and enhansing their prices, keeping many thousands of able men and horses idle, only to consume other labouring mens provisions, estates and the publick Treasure of the Kingdom, when as their imployment in their trades and callings, might much advance trading, and enrich the Kingdom. 4. There is now no visible Enemy in the field or Garisons, and the sitting Members boast there is no fear from any abroad, their Navie being so Victorious. And why such a vast Army should be still continued in the Kingdom to increase its debts and payments, when charged with so many great Arrears and debts already, eat up the Country with Taxes and Free-quarter, only to play, drink, whore, steal, rob, murther, quarrel, fight with, impeach and shoot one another to death as Traytors, Rebels, and Enemies to the Kingdom and Peoples Liberties, as now the Levellers and Cromwellists do, for want of other imployments, and this for the publick good, transcends my understanding. 5. When the King had two great Armies in the Field, and many Garisons in the Kingdom, this whole Army by its primitive Establishment, consisted but of twenty two thousand Horse, Dragoons, and Foot, and had an Establishment only of about forty five thousand pounds a month for their pay; which both Houses then thought sufficient, as is evident by their
Collect. &c. pag. 599. 8m76.
Ordinances of Febr. 15. 1644. and April 4. 1646. And when the Army was much increased without their Order, sixty thousand pounds a month was thought abundantly sufficient by the Officers and Army themselves to disband and reduce all super-numeraries, maintain the Established Army and Garisons, and ease the Country of all Free-quarter; which Tax hath been constantly paid in all Counties. Why then this Tax to the Army should now be raised above the first Establishment, when reduced to twenty thousand, whereof sundry Regiments are designed for
Ireland
, (for which there is thirty thousand pounds a month now exacted besides the sixty for the Army) and this for the common good of the Realm, is a riddle unto me, or rather, a Mystery of iniquity, for some mens private lucre, rather then the publick weal. 6. The
Militia
of every County (for which there was so great contest in Parliament with the late King) and these persons of livelihood and estates in every Shire or Corporation who have been cordiall to the Parliament and Kingdom heretofore, put into a posture of defence under Gentlemen of quality and known integrity, would be a far better Guard to secure the Kingdom against forraign Invasions or domestick Insurrections, then a mercinary Army of persons and souldiers of no fortunes, and that with more generall content, and the tenth part of that charge the Kingdom is now at to maintain this Army, and prevent all danger of the undoing pest of Free-quarter. Therefore there is no necessity to keep up this Army, or impose any new Tax for their maintenance, or defraying their pretended arrears, which I dare averr, the Free-quarter they have taken in kinde, and levied in money, if brought to a just account, as it ought, will double if not treble most of their Arrears, and make them much indebted to the Country. And no reason they should have full pay and Free-quarter, too, and the Country bear the burthen of both, without full allowance of all the quarters levied or taken on them against Law, out of their pretended arrears.
Object.
And if any of the sitting
Tax-makers
here object, That they dare not trust the
Militia
of the Cities and Counties of the Realm with their own or the Kingdoms defence: Therefore there is a necessity for them to keep the Army, to prevent all dangers from abroad, and Insurrections at home.
Ans.
I answer, 1. That upon these pretences these new Lords may intail and enforce an Army, and Taxes to support them, on the Kingdom till Dooms-day 2. If they be reall members who make this objection, elected by the Counties, Cities and Burroughs for which they serve, and deriving their Parliamental Authority onely from the people (the
only new fountain of all Power and Authority
, as themselves now dogmatize) then they are but the Servants and Trustees, who are to allow them wages, and give them Commission for what they act. And if they dare not now trust the people, and those persons of quality, fidelity, and estate, who both elected, intrusted and impowred them, and are the primitive and supreme Power; it is high time for their Electors and Masters the people, to revoke their authority and trusts, and no longer to trust those with their purses, liberties, safety, who dare not now to confide in them, and would rather commit the safeguard of the Kingdom to mercinary, indigent soudiers, then to those Gentlemen, Free-holders, Citizens, Burgesses, and persons of Estate who elected them, whose Trustees and Attourneys only they professe themselves, and who have greatest interest both in them and the Kingdoms weal, and those who must pay these Mercinaries, if continued. 3. The Gentlemen and Free-men of
England
have very little reason any longer to trust the Army with the Kingdoms, Parliaments, or their own Liberties, Laws, and Priviledges safeguard, which they have so oft invaded; professing now that they did not fight to preserve the Kingdom, King, Parliament, Laws, Liberties. and Properties of the Subject; but to conquer and pull them down, and make us conquered slaves instead of free-men: averring, that
all is theirs by conquest
. And if so, then this Army is not, cannot be upheld and maintained for the Kingdoms and peoples common good and safety, but their enslaving, destruction, and the meer support of the usurped Power, Authority, Offices, Wealth, and absolute Domination only of those who have exalted themselves for the present above King, Parliament, Kingdom, Laws, Liberties, and those that did intrust them, by the help of this trust-breaking Army, who have stained all the glory of their former Noble Victories and Heroick Actions, by their late degenerous unworthy practices, and are become a reproach to the English Nation in all Christian Kingdoms and Churches.
The second end of this heavie Tax, is the support and maintenance of the Forces in
Ireland
, for which there was onely twenty thousand pounds a month formerly allowed, now mounted unto thirty thousand.
To which I answer in the first place, That it is apparent by the printed Statutes of 25. E. 1. c. 6. 1. E. 3. cap. 5.7. 18. E. 3. c. 7. 25. E. 3. c. 8. 4. H. 4. cap. 13.
Cooks
2 Institutes p. 528. and the
Protestations of all the Commons of England in the Parliaments
of 1 H. 5. nu. 17. and 7. H. 5. n. 9.
That no freeman of England ought to be compelled to go in person, or to finde Souldiers, Arms, Conduct-money, Wages, or pay any Tax for or towards the maintenance of any forreign War in
Ireland,
or any other parts beyond the Sea, without their free consents in full Parliament
.
And therefore this Tax to maintain Souldiers and the War in
Ireland
(neither imposed in Parliament, much lesse in a full and free one, as I have proved) must needs be illegall, and no ways obligatory to me, or any other. 2. Most of the ancient Forces in
Ireland
(as the
Brittish Army, Scots
, and
Inchiqueen's
) towards whose support the twenty thousand pounds a month was designed, have been ever since declared
Rebels, Traytors, Revolters
, and are not to share in the Contribution: and those now pretending for
Ireland
, being members of the present Army and to be paid out of that Establishment, there is no ground at all to augment, but decrease this former monthly Tax for
Ireland
, over what it was before. 3. Many of those now pretending for
Ireland
, have been the greatest obstructers of its relief heretofore: and many of those designed for this Service by lot, have in words, writing, and print protested they never intend to go thither, and disswade others from going, yet take free-quarter on the Country and pay too under that pretext. And to force the Country to pay Contribution and give Free-quarter to such Cheaters and Impostors, who never intend this Service, is both unjust and dishonourable. 4. If the Relief of
Ireland
be now really intended, it is not upon the first just and pious ground, to preserve the Protestant party there from the forces of the bloody Popish Irish Rebels, with whom (if report be true) these sitting
Anti-Monarchists
seek and hold correspondence, and are now actually accorded with
Owen Ro-Oneal
and his party of blodiest Papists; but to oppose the Kings interest and title to that Kingdome, and the Protestant remaining party there adhering to and proclaiming, acknowledging him for their Soveraign; least his gaining of
Ireland
should prove fatall to their usurped soveraignty in
England
, or conduce to his enthroning here: And by what Authority these now sitting can impose, or with what conscience any loyall Subject who hath taken the Oaths of
Supremacy, Allegiance
, and
Covenant
can voluntarily pay any contribution to deprive the King of his hereditary right & undoubted Title to the Kingdoms and Crowns of
England
&
Ireland
and alter the frame of the ancient Government & Parliaments of our Kingdoms
See a Collection p. 94, 95.99.698.700.877.878.
Remonstrated so often against by both Houses
, and adjudged High Treason in
Canterburies
and
Straffords
cases, for which they were beheaded and by themselves in the Kings own case, whom they decolled likewise) without incurring the guilt of
Perjury
and danger of
High Treason
, to the losse of his life and estate, by the very laws and statuts) yet inforce, transcends my understanding to conceive: VVherefore I neither can nor dare in conscience, law or prudence submit to this contribution.
Fourthly
, The coercive power and manner of levying this contribution, expressed in the Act, is against the Law of the Land, and Liberty of the Subject, which is threefold.
First, Distresse and sale of the goods of those who refuse to pay it; with power to break open their Houses
(which are their Castles)
doores, chests, &c. to distrain
; which is against
Magna Charta
, cap. 29.
The Petition of Right; The Votes of both Houses in the case of Ship-mony
; 1 R. 2. c. 3. and the resolution of our
Judges
and
Law-books
13. Ed. 4. 9. 20. E. 4. 6.
Cook
5. Report. f. 91.92.
Semaines
case, & 4. Inst. p.176,177.
Secondly
, Imprisonment of the body of the party till he pay the contribution, being contrary to
Magna charta
; The
Petition of Right
, The resolution of both Houses in the Parliament of 3
Caroli
in the case of
Loanes
; and 17
Caroli
, in the case of
Ship-mony
, the judgment of our
Judges
and
Law-Books
collected by Sir
Edward Cook
in his 2
Inst.
p. 46. &c. and the Statu. of 2 H. 4. Rot. Par. n. 6. unprinted, but most expresse in point.
Thirdly, Levying of the contribution by souldiers and force of arms, in case of resistance, and imprisoning the person by like force
: adjudged
High Treason
in the cases of the Earl of
Strafford, and a levying of war within the Statute of
25.Ed.2. by the late Parliament, for which he lost his head: and so proved to be at large by Master
St. Iohn
in his
Argument at Law at the passing the Bill for his attainder, Printed by Order of the Commons House
.
Fourthly
, (Which heightens the illegality of these illegall means of levying it) if any person whose goods are destrained, or person imprisoned for this illegall tax, shall bring his
Action at Law
, or an
Habeas corpus
for his relief. The
Committee of Indempnity
will stay his legall proceeding, award cost against him, and commit him anew till he pay them, and release his suits at Law, and upon an
Habeas corpus
, their own Sworn Judges created by them, dare not bayle but remaund him against Law. An oppression and Tyranny, far exceeding the worst of the
Beheaded Kings
; under whom the Subjects had
Free-Liberty
to sue and preceed at Law both in the cases of
Loanes, Shipmony
and
Knighthood
, whithout any
Councel Table, Committee of Indempnity
to stop their suits, or inforce them to release them; and therefore in all these respects (so repugnant to the Laws and Liberty of the Subject) I cannot submit to his illegall Tax, but oppugn it to the uttermost, most invasive on our Laws and Liberties, that ever was.
Fifthly
, The time of opposing this illegall Tax, with these unlawfull ways of levying it, is very considerable and sticks much with me; it is (as the Imposers of it declare and publish in many of their new kind of Acts and devices)
in the first yeare of Englands Liberty, and redemption from thraldom
. And if this unsupportable Tax, thus illegally to be levied, be the
first fruits
of our
first years Freedom
, and
redemption from thraldom
, how great may we expect our next years
thraldome
will be, when this
little finger of theirs is heavier by far then the Kings whole loynes, whom they beheaded for Tyranny and Oppression
?
Sixthly
, The Order of this Tax (if I may so term a disorder) or rather
newnesse
of it, engageth me, and all overs of their Countries Liberty, unanimously to withstand the same. It is the first, I finde, that was ever imposed by any who had been Mem bers of the Commons House after a Parliament dissolved; the Lords House voted down, and most of their fellow-Commoners secured or secluded by their connivance or confederacy with an undutiful Army. VVhich if submitted to, and not opposed as illegall, any forty or fifty Commoners, who have been Members of a Parliament, gaining Forces to assist and countenance them, may out of Parliament now, or any time hereafter, do the like, and impose what Taxes and Laws they please upon the Kingdom and the secluded Lords and Commons that once sate with them, being incouraged thereto by such an unopposed precedent. VVhich being of so dangerous consequence and example to the constitution and priviledges of Parliament, and Liberties of the people, we ought all to endeavour the crushing of this new
Cockatrice
in the shell, lest it grow to a
fiery Serpent
, to consume and sting us to death, and induce the Imposers of it, to lade us with new and heavie
Taxes
of this kinde, when this expires (which we must expect, when all the Kings, Bishops, Deans and Chapters Lands are sold and spent) if we patiently submit to this leading
Decoy
; since
Matt. Paris
, p. 517.
Bonus Actus inducit consuetudinem
, as our
Ancestors
resolved,
Anno
1240. in the case of an
universall Tax demanded by the Pope
; whereupon they unanimously opposed it at first;
Ovid.
de Remed. Amoris
.
Opprime dum nova sunt subiti mala femina morbi:
Principiis obsta; serò medicina paratur
Cum mala per longas invaluere moras,
being the safest rule of
State-physick
we can follow in such new
desperate Diseases
which endanger the whole Body-politick. Upon which grounds the most consciencious Gentlemen and best Patriots of their Country opposed
Loans, Ship money, Tonage, Poundage, Knighthood
, and the like late illegall
Impositions
of the King and his Councell in the very beginnings of them, and thought themselves bound in
Conscience, Law, Prudence
so to do, though there were some colourable reasons and precedents of former times pretended to countenance them. And if these VVorthies conceived themselves thus obliged to oppose those illegall
Impositions
of the King and
his Councel
, though countenanced by some Judges opinions as legall, to their immortall honour, and high esteem both in Country and Parliament, who applauded them as the
principal maintainers of their Countries Liberties
; then much more ought I, and all other
tenderers of their own and Countries Freedom
, to oppose this illegall
dangerous Contribution
imposed on us by a few
fellowSubjects only
, without, yea against all law or Precedent to countenance it, being of greater consequence, and worser example to the Kingdom, then all or any of the Kings illegall projects of Taxes.
Seventhly
, the
excessivenesse of this Tax
, much raised and encreased, when we are so exhausted, and were promised and expected ease from Taxes, both by the
Army
in their
Remonstrance, November
, 20. 1648. and by the Imposers of it, amounting to a sixt part, if not a moiety of most mens estates, is a deep Engagement for me to oppose it; since Taxes, as well as
Mag. chart. c. 14. 14. E. 3. c. 6. Cook 2. Instit. pag. 26. 27. 169. 170.
Fines and Amerciaments ought to be reasonable
; so as men may support themselves and their Families, and not be undone, as many will be by this, if forced to pay it by
Distresse
or Imprisonment. Upon this ground, in the Parliaments of 1 & 4
Edward
the
Third
we find
divers freed from payment of Tenths, and other Taxes lawfully imposed by Praliament, because the People were impoverished and undone by the Warres, who ought to pay them
. And in the printed Statues of 31
Henr.
6. c. 8. 1
Mariæ
c. 17. to omit others, we find
Subsidies mitigated and released by subsequent Acts of Parliament
, though granted
by precedent, by reason of the peoples poverty and inability to pay them
. Yeah, somtimes we read of
something granted them by the King, by the way of aide, to help pay their Subsidies
, as in 25. E. 3.
Rastal, Tax
9. & 36 E. 3. c. 14. And for a direct president in point: When
Matt. Paris, p. 516.
Peter Rubie
the
Pope's Legat
in the year 1240. exacted an excessive
unusuall Tax from the English Clergie
; the whole Clergy of
Berk-shire
(and others)
did all and every of them unanimously withstand it
, tendring him divers reasons in writing of their refusall, pertinent to our time and present Tax; whererof this was one,
That the Revenues of their Churches scarce sufficed to finde them daily food, both in regard of their smalnesse, and of the present dearth of Corne; and because there were such multitudes of poore people to relieve, some of which dyed of Famin, so as they had not enough to suffice themselves and the poore. Whereupon THEY OUGHT NOT TO BE COMPELLED TO ANY SUCH CONTRIBUTION
: which many of our Clergy may now likewise plead most truly, whose Livings are small, and their Tythes detained; and divers people of all ranks and callings, who must sell their stocks, beds, and all their houshold-stuffe, or rot in prison, if forced to pay it.
Eightly
, the principall inducement to bring on the payment of this Tax, is a promise of
taking off the all-devouring
and
undoing Grievance of Free-quarter
: which hath ruined many Countreys and Families, and yet they must pay this heavy Tax to be eased of it for the future, instead of being paid and allowed for what is
already past
, according to
A Collection, &c. pag. 771.
former engagements
. Against which I have these just exceptions,
1. That taking of Free-quarter by Soldiers in mens Houses, is a Grievance against the very Common-Law it self, which defines every mans House to be his Castle and Sanctuary, into which none ought forcibly to enter against his will; and which with his goods therein he may lawfully
See Cook, 5. Report.
fol.
91, 92. Semans Case. 7 Rep. Sendels case. Lambert
f.
179. Daltons Justice of Peace, 224. 24 H. 8 c. 5.
fortifie and defend against all intruders whatsoever, and kill them without any danger of Law
: Against all the
Statutes
concerning
See Rastal Title Purveyers.
Purveyors
, which
prohibit the taking of any mens goods or provisions against their wills, or paiment for them under pain of Felony, though by Commission under the great Seal of England
. Against the expresse Letter and
Provision
of the
Petition of
Right
; 3.
Caroli
. Condemned by the
Commons
House in their
An exact Collection, p. 7.
Declaration of the state of the Kingdome of
the 15.
December
, 1641. and charged as an
Article against King Richard the second
when deposed, in the Parliament of 1. H. 4.
nu.
22. Yea, it is such a Grievance, as exposeth the houses, goods, provisions, moneys, servants, children, wives, lives, and all other earthly comforts we enjoy, to the lusts and pleasure of every domineering Officer, and unruly common Souldier. And to impose an unjust, heavy Tax, and induce people to pay it upon hopes of freeing them from
Free-quarter
, is but to impose one grievance to remove another.
2. There have been
many promises, Declarations and Orders of both Houses and the Generall
, for taking
off Free quarter heretofore
, upon the peoples paying in their Contributions before-hand, as now: and
then none should Free-quarter on them, under pain of death
; Yet no sooner have they pay'd in their Contribution, but they have been freequartered on as much or more then formerly: the Souldiers, when we tell them of any Orders against Freequarter, slighting them as so many wast papers, and carrying themselves more unruly: And when complaint thereof hath been made to the Officers, Members, or the Committee for the Army, or in the House; answer hath still been made,
That as long as there is an Army on foot, there will be freequarter taken, and there can be no prevention of it, there being a necessity of it
: and when any have craved allowance of it; they have found so many put-offs and delayes, and such difficulties in obtaining it, that their expences have equalled their allowance; and after allowances made, the moneys allowed have been called for again. So as few have had any allowance for quarters, and given over suing for them, being put to play an
after-game
to sue for them after all their contributions first paid, and not to deduct them out of their Contributions, which they are still put to do. This pretext therefore of taking sway Free-quarter, is but a
shoo-horn
to draw on the payment of this Tax, and a fair pretext to delude the
People
, as they finde by sad experience every-where, and in the County and Hundred where I reside. For, not to look back to the last yeers free-quarter taken on us (though we daily paie our Contributions,) In
April
and
May
last past, since this very Tax imposed for taking away Free-quarter,
Colonel Harrisons
Troopers under the command of Captain
Spencer
, (who quartered six days together in a place, and exacted and received most of them 3s. others 3s. 6d. and the least 2s. 6d. a day for their Quarters, telling their Landlords, that their Lands, and the whole Kingdom was theirs) have put
Bathwick, Bathford, Claverton, Combe, Hampton, Toustock, Walcot
, and
Wedcombe
, small parishes in our Hundred and Liberty, as they will prove upon Oath, and given it me under their hands, to 94li. 4s. 3d. charge; beside what quarters in other parishes of the Hundred Sir
Hardresse Wallers
Souldiers upon pretext of collecting arrears of Contribution not due from the hundred, put it to at least 30l. charge more for free-quarter, they being very rude and disorderly; and no sooner were we quit of them: but on the 22 and 23 of
May
last, Col.
Hunks
his Foot under the conduct of Captain
Flower
and Captain
Eliot
pretending for
Ireland
, but professing they never intended to go thither, marching from
Minehead
and
Dunster
(the next Westerne Ports to
Ireland
further from it to op presse the Country, put
Bathwick, Langridge, Witty, Beatheaston, Eutherin
and
Ford
to 28l. 7s. and
Swainswicke
, where I live, to about 20l. expences for three dayes Freequarter (by colour of the Generals Order dated the first of
May
) being the rudest and deboistest in all kinds, that ever quartered since the Warrs, and far worse then the worst of
Goring's
men, whereof some of them were the dreggs; and their Captain
Flower
, a Cavalier heretofore in arms (as is reported) against the Parliament. Their carriage in all places was very rude, to extort money from the people, drawing out their swords, ransacking their houses, beating and threatning to kill them, if they would not give them two shillings six pence, three shillings, three shillings six pence, or at least two shillings a day for their quarters, which when extortet from some, they took free-quarter upon others, taking two, three, and some four quarters a man: At my house they were most exorbitant, having (as their Quarter-Master told me, who affirmed to me they had twice conquered the Kingdom, and all was theirs)
direction from some great ones above
, from
some others in the Country
(intimidating some of the Committee)
and their own Officers
(who absented themselves purposely, that the
Souldiers
might have none to controll them)
to abuse me
. In pursuance whereof some thirty of them coming to my house, shouting and hollowing in a rude manner on
May
22, when their Billet was but for twenty, not shewing any Authority, but only a Ticket [Mr.
Prynne
20] climbed over my walls, forced my doors, beat my servants and workmen without any provocation, drew their swords upon me (who demanded whose Souldiers they were, by what authority they demanded free quarter, my house being neither Inne, nor Alehouse; and Free quarter against Law and Orders of Parliament, and the Generals) using many high provoking Speeches, brake some of my windows, forced my stong-beer cellar door, and took the key from my servant, ransacked some of my chambers under pretext to search for Arms, taking away my servants clothes, shirts, stockings, bands, cuffs, handkerchiefs, and picking the money out of one of their pockets; hollowed, roared, stamped, beat the Tables with their Swords and Muskets like so many Bedlams, swearing cursing, and blashpeming at every word; brake the Tankards, Bottles, Cups, Dishes, wherein they fetched strong beer against the ground, abused my maid-servants, throwing Beef & other good provisions at their heads, and casting it to the dogs, as no fit meat for Souldiers, and the Heads and Conquerors of the Kingdom, as they called themselves; searched the out-houses for Turkies, which they took from their eggs and young ones, Veal and Mutton being not good enough for them: They continued drinking and roaring before, at, and after Supper, till most of them were maddrunk, and some of them dead-drunk under the Table. Then they must have 14 beds provided for them (for they would lie but two in a bed) and all their linnen washed: My Sister answering them, that there were not so many beds in the house, and that they must be content as other Souldiers had been, with such beds as could be spared; they thereupon threatned to force open her chamber door, and to pull her and her children out of their beds, unlesse she would give them three shillings a peece for their beds, and next dayes quarters; and at last forced her for fear of their violence (being all drunk) to give them eighteen pence a peece, assoon as they were forth of doors, and six pence a peece the next day, if they marched not; whereupon they promised to trouble the House no more. Upon this agreement all but eight (who were gone to bed) departed that night, and the rest the next morning. But I going to the Lecture at
Bath
, some thirty of them in my absence came about ten of the clock, notwithstanding the moneys received of my Sister for their Quarters, re-entered the house, and would have Quarters again, unlesse she would give them three shillings a peece; which she refusing, they thereupon abused and beat the servants and workmen, forced them to drink with them all that day and night, swearing, cursing, roaring like so many Furies and Divels, brake open my Parlour, Milk-house, and Garden-doors, abused my Pictures and brake an hole in one of them; hacked my Tableboards with their swords from one end to the other, threw the chairs, stools, meat, drink about the house; assaulted my Sister, and her little children and Maid-servants with their naked swords, threatning to kill them and kick them to gelly, shot at them with their Muskets, forced them out of the House to save their lives: which I hearing of, repaired to my house, and find ing them all so Bedlam mad, and that they would not hearken to any reason, nor be quieted, I thereupon rode to seek their Captain and Officers at
Bath
, who purposely absented themselves; and not finding them till the next morning, I acquainted the Captain then, (as I had done the first night by Letter) with all these unsufferable outrages of his Souldiers (contrary to the Generals Orders to carry themselves civilly in their quarters, and abuse none in word or deed) which would render him and them odious, not onely to the Country and Kingdom, but all Officers and Souldiers who had any civility in them, and be a disparagement to the
Generall
, by whose Proclamation he ought to be present with his Company to keep them in good order, under pain of cashiering: And therefore I expected and required Justice and Reparations at his hands; the rather, because I was informed by some of his own Souldiers and others, that they had not been so barbarously rude, but by his incouragement, which if he refused, I should complain of him to his Superiours, and right my self the best way I might. After some expostulations, he promised to make them examples, and cashier them, and remove them forthwith from my house: But the onely right I had, was, that more of his company repaired thither, making all the spoil they could, and taking away some brasse and Pewter, continuing there till neer four of the clock; and then marched away onely out of fear I would raise the Country upon them; many of whom profered me their assistance; but I desired them to forbear till I saw what their Officers would do; who in stead of punishing any of them, permitted them to play the like
Rex
almost in other places where they quartered since, marching but three or four miles a day, and extorting what moneys they could from the Country by their violence and disorders. Now, for me or any other to give moneys to maintain such deboist
Bedlams
and
Beasts
as these (
who boasted of their villanies and that they had done me at least twenty pounds spoil in Beer and Provisions, drinking out five barrels of good strong Beer, and wasting as much meat as would have served an hundred civill persons
) to be Masters of our Houses, Goods, Servants, Lives, and all we have, to ride over our heads like our Lords, and Conquerours, and take Free quarter on us, amounting to at least a full yeares contribution, without any allowance for it, and that since the last Orders against
Free-quarter
, and warrants for paying in this Tax to prevent it for the future, issued; is so far against my reason, Judgement and conscience, that I would rather give all away to suppress, discard them, or cast it into the fire then maintain such graceless wretches with it to dishonour God, enslave, consume, ruine the Country and Kingdome; who everywhere complain of the like insolences; and of taking free quarter since the 9 of
June
, as above two
hundred
of Colonel
Coxe
his men did in
Bath
the last
Lords day
; who drew up in a body about the
Majors
House, and threatned
to seise and carry him away prisoner for denying to give them free quarter, contrary to the New Act for abolishing it
. Lastly this pretended
Act
implies, that those who refuse to pay this contribution without distress or imprisonment shall be stil oppressed with freequarter: And what an height of oppression and injustice this will prove not only to distrain & imprison those who cannot in conscience, Law, or prudence submit to this illegall Tax, but likewise to undoe them by exposing them to free-quarter, which themselves condemne as the heighst pest and oppression; let all sober men consider; and what reason I and others have to oppose such a dangerous destructive president in its first appearing to the world.
Ninethly, The principal end of imposing this Tax to maintain the Army and forces now raised, it not the defence and safety of our ancient and first Christian Kingdom of
England
, its Parliaments, Laws, Liberties, and Religion, as at first, but to disinherit the King of the Crown of
England, Scotland
, and
Ireland
, (to which he hath an
undoubted right by common and Statute Law
; as the Parliament of 1
Jacobi.
ch. I. resolves) and to levy war against him to deprive him of it: To subvert the ancient Monarchical Government of this Realm, under which our Ancesters have always lived and flourished, to set up a
New republick
, the oppressions and greivances whereof we have already felt (by increasing our Taxes, setting up arbitrary Courts and Proceedings to the taking away of the lives of the late King, Peers, and other Subjects against the Fundamental Laws of the Land, creating new monstrous Treasons never heard off in the world before, and the like) but cannot yet enjoy or discern the least case or advantage by it; To overthrow the ancient constitution of the Parliaments of
England
, consisting of King, Lords, and Commons, and the Rights, and Priviledges thereof. To alter the fundamental Laws, Seales, Courts of Justice of the Realm, and introduce an arbitrary Government at least, if not Tyrannical, contrary to our
Lawes, Oathes, Covenant, Protestation
,
See an Exact collection: and a collection of publick Orders and p. 99.698.700.877.878.
publick
Remonstrances
and
Engagements
to the Kingdom and forraign States, not
to change the Government, or attempt any of the premises
. All which being no less then
High Treason
, by the Laws and Statutes of the Realm, (as Sir
Edward Cook
in his 4
Institutes
ch. 1. and Mr. St.
John
in his
Argument at Law
, upon passing the bill of Attainder of the Earl of
Strafford
(both printed by the Commons special order) have proved at large by many presidents, Reasons, Records; and so adjudged by the last
Parliament
in the cases of
Strafford
and
Canterbury
, who were condemned and executed as Traytors by judgement of Parliament, and some of these now sitting, but for some of those Treasons, upon obscurer Evidences of guilt, then are now visible in others:) I cannot, without incurring the Crime and Guilt of these general
High Treasons
, and the eternal, if not temporal punishments incident thererunto, if I should voluntarily contribute so much as one peny or farthing, towards such Treasonable and disloyal ends as these, against my Conscience, Law, Loyalty, duty, and all my Oathes and obligations to the contrary.
Tenthly, The payment of this Tax for the premised purposes, will (in my poor judgment and conscience) be offensive to God and all good men, scandalous to the Protestant Religion, dishonourable to our English Nation, and disadvantagious and destructive to our whole Kingdom, hindering the speedy settlement of our Peace, the re-establishment of our Laws and Government, establishing of our Taxes, disbanding of our Forces, revivall of our decayed Trade, by the renewing and perpetuating our bloudy uncivill Warrs; engaging
Scotland, Ireland
, and all forreign Princes and Kingdoms in a just War against us, to avenge the death of our late beheaded King, the dis-inheriting of his posterity, and restore his lawfull Heirs and Successors to their just, undoubted Rights, from which they are now forcibly secluded; who will undoubtedly molest us with continuall Warrs (what-ever some may fondly conceit to the contrary) till they be setled in the Throne in peace upon just and honorable terms, and invested in their just possessions. And therefore I can neither in conscience, piety nor prudence, ensnare my self in the guilt of all these dangerous consequences, by any submission to this illegall Tax.
Upon all these weighty Reasons, and serious grounds of Conscience, Law, Prudence, (which I humbly submit to the Consciences and Judgments of all conscientious and Judicious persons, whom they do or shall concern) I am resolved by the assistance and strength of that Omnipotent God (who hath miraculously supported me under, and carried me through all my former sufferings for the Peoples publick Liberties with exceeding joy, comfort, and the ruine of my greatest enemies and Opposers) to oppugne this
unlawfull Contribution
, and the payment of it to the uttermost, in all just and lawfull wayes, I may; And if any will forcibly levie it by distresse or otherwise, without Law or Right (as Theeves and Robbers take mens goods and Purses) let them doe it at their own utmost perill. And I trust God and men will in due season doe me justice, and award me recompence for all the injuries in this kinde, and any sufferings for my Countries Liberties. How-ever, fall back, fall edge, I would ten thousand times rather lose life, and all I have, to keep a good conscience, and preserve my native Liberty, then part with one farthing, or gain the whole world with the losse of either of them; and rather die a Martyr for our
Ancient Kingdom
then live a
Slave
under any new
Republick
, or remant of a broken, dismembred, strange Parliament of Commons, without King, Lords, or the major part of the Knights, Citizens, and Burgesses of the Realme, in being subject to their
illegall Taxes
, and what they call
Acts of Parliament
, which in reality are no
Acts
at all to binde me, or any other subject, to obedience, or just punishment for
Non-obedience
thereunto, or
Non conformity
to what they stile the
present Government
of the Armies modeling, and I fear, the
Jesuites
suggesting, to effect our Kingdoms and Religions ruine.
William Prynne
.
Swainswick, June 16.1649.
Psal.
26.4,5.
I have not sate with vain persons, neither will I go with Dissemblers: I have hated the Congregation of evill doers, and will not sit with the wicked
.
FINIS.
ENGLANDS SAFETY IN THE LAWS SUPREMACY.
LONDON
: Printed in the Year 1659.
ENGLANDS
Safety, IN THE Laws Supremacy. Being an Humble Advice presented to the People, Parliament, Army, in order to a good settlement and making this a happy and flourishing Nation.
WHen a Ship is in imminent and evident danger of Shipwrack, every man engaged in her bottome, or in how small a proportion soever, part-owner. not onely justifiably may, but is much to be blamed if he do not, give the utmost assistance he can towards her preservation.
This being the Case of this Commonwealth apparent not onely from the hopes and expectations of her Enemies, but the feare and Concessions of her Friends, it is high time for every man to look about him, and not to think it sufficient that it is not through his default that she miscarries; but whether it be by reason of the headiness, imprudence, rashness of the Marriners, indiscretion and want of skill in the Pilots, or any other as dangerous over-sights in the Master, he is concerned to suggest the danger, and to offer the best he can towards prevention.
'Tis hard to find out, and peradventure not so safe to mention all the failings and miscarriages that have reduced us to these exigents; I purpose but favourably to touch upon them, as aiming not at exasperation, but recovering our selves into a better and more hopefull progress towards settlement.
First, then, I crave leave to express something of a generall vice, with which all of all parties are in some measure tainted: it is an Epedemical fault that we all
love our selves too well
to the detriment of others, and though
self-love
be natural, and in its fit bounds and measure allowable, yet is it in its inordinary, and when the eye of affection is bent all inward, condemnable, and the occasion of all the evils that are in the world: and therefore hath Christian Religion so well qualified it, as to make it compatible and coordinate with love of others, and by express precept so enjoyn'd it; yet how contrary is our practice, our great business being not to further an establishment good for all, but to supplant one another: The Kingly party whilst in power, villified, and rendred contemptible, yea very much uncapable of any publick employment, and gave all disturbance they could contrive in the enjoyment of propriety, and exercise of private industry, to all such as were not forward to support and plead for Prerogative: the Presbyter has done much the same in stickling for his government: the Independent and Anabaptist are in this point equally guilty, as
Ireland
some late years past can testify insomuch that the quarrell is justly said to be, who shall enjoy Power and Office, and every party hunts after this train, to have the disposall to himself and his relations of all gainfull imployments, and publick countenance, to the exclusion and subjection of others; a most unreasonable and much more unchristian fault; this, which eates out all friendship, natural affection, compassion, and plants instead of them, hatred, malice, discontent, rejoycings at one anothers Calamities; let every man lay his hand upon his heart, and conclude with himself, that so much as he has of this unjustifiable
self-love
, by so much he is disabled from truly serving his Country, in this time especially of its extreame exigence, and let him then seriously weigh the following motives and arguments against this general vice, the source of all failings in the management of both publick and private affaires.
The Arguments and Motives against this so general vice are,
1. It frustrates the good end of Law and Government: the reason why people united under Government, was that a few of the more strong and most subtile should not abuse and domineer over the rest, this was to be restrained by agreement to Lawes and equall Government; if then the Government it self, which was intended as a defence and protection to all shall, be enjoyed by a part, and made use of, not to distribute equall Justice, but to curbe and subject the rest: it is much one, as if the people had no Law nor Government.
2. Who ever is touched with this kinde of
self-love
, hath nothing to say against the justice of his being a slave; for what measure he would mete unto others, he deserves himself.
3. Whosoever swayed by this
self-love
, runs the indirect paths of State policy, and makes use of what the support of his Pride and Ambition inforces him too; is guilty not onely of his own evils, but whatsoever in others are thereby occasioned, either in those that take part in his tyranny, or in the struglings of the people sensible of their oppression, and laboring for relief.
4. It is not fit that any man, the current of whose actions are guided by
self-love
, should assume to himself the appellation of Christian: For it is not onely taking that name in vain, but highly dishonoring it, and the Author thereof our Lord Christ, as if it were consistent with his Precepts; whereas the badge of his Profession, the practice of Himself and his Disciples, and the basis of all their practical Doctrines, is
self-denial
.
The remedy as to every one personally, is for every one to search his own heart, and to pluck out from thence the whole of this leaven; for if but a little be left behinde, it will leaven the whole lump.
The remedy as to the publick, is for all to concenter in something that is good for all; that is; in such a settlement where every man may be as to Law and publick Countenance, in an equal capacity (except by past actions for a time disabled) and alike protected in the enjoynment of propriety and exercise of honest Industry.
A word to the Members of Parliament
.
HAving done with
all
, I come in the next place to you, who represent
all
; in whose hands God hath once again placed the opportunity of well setling this Nation. I will not say, how deservedly before displaced, but if you consider how long a time you had to perform Promises, and center in a good Establishment, and how faint the expectations thereof at length grew in all good men, you will not wonder that none of them opened their mouths at your interruption, how illegal soever they understood it to be, nor blame the Justice of God in permitting such a violence.
But you are now replanted; take heed you say not,
My arm hath done this, my wit and contrivance
, and thereupon use this power to the inriching your selves and friends, and keeping others in subjection; and by spreading your interest, entertain a vain hope of perpetuating your Authority. Let the fatal downfall of the King, and his numerous dependents (a dreadful example of Gods vengeance) deter you; or, as a latter instance of Gods detestation of those, however esteemed, prudential designs, his snatching away the late Protector in the heighth of all his hopes; and when there wanted but the putting out his hand to grasp a Crown, which all the toils and uncessant contrivances of twenty years, had with infinite turmoil to himself and others, labored for: Observe Gods dislike thereof in the last change, after all the fine arts that had been used in procuring Addresses, that seemed to import a general liking and assent, and all the pompous ways contrived to adde esteem and lustre to the idol of a single person; yet see how suddenly all vanished, as if the Almighty had determined, that nothing should take root, or be permanent in this Nation where so much profession hath been, and so many appeals made, but what is grounded upon equal Justice, and the stability of impartial Laws.
It is therefore kicking against the pricks to attempt further, or to think that any person or party can establish it self upon the narrow interest of a few: And therefore if any amongst you have any such rising thoughts, be pleased in the most serious time of your retirement, to weigh well these following considerations.
First, That the mysteries of
Machiavels
art have been too far discovered to be of much use in this Nation for the future: The cloak of formal godliness, which the
Florentine
would have Polititians wear without the substantial lining, as being too cumbersome, is now worn thred-bare; and almost every man sees it to be but a cloak; experience and often being deceived, hath made almost every body able to look upon, not the colours and pretext, but the depth and secret motive of every design: So that men talk upon the
Exchange
, and in common conferences, what is in the Cabinet, and all the fine devices appear now to be but like Flock-work upon Canvas, scattered over with glistering Copper or Tinsel: And therefore hereafter, the more manly and substantial way of plain and just dealing, is like to thrive best.
Secondly, Weigh well the improbability of effecting and going through with such a design, in regard of enemies and difficulties: What they are like to be abroad, cannot be ascertained, but unless you settle well upon good foundations, contentful to the people, they are like to be very numerous.
Charles Stuart
and his Friends are watchful and hopeful of an opportunity, which cannot but offer it self, unless the people taste the sweets of a good Government. The Presbyter's discontented, your best friends justly jealous, that you will rather relie upon the broken Reed of some prudential contrivance, then the retrival of the antient Government and good Laws of
England
, cleared from Prerogative usurpations, and whatsoever for indirect ends hath been innovated upon them. If you center in any thing less, you stop all your friends mouths; the objections of your and our Adversaries, will be too hard for us; you weaken our hands, and droop our hearts: So that if any trouble should offer it self from abroad or at home, with what courage can it be expected we should oppose it; when if victors, our case will be little better then if overcome: Whereas on the contrary, the good Government of
England
being by you established according to the exact Rules of a Commonwealth (the Maximes of Monarchy having been in several Kings Reigns, by force or fraud obtruded upon it, and therefore justly to be expunged) you may assuredly expect, and will certainly finde an unanimous complacency in the people, their heats and animosities from difference in opinion gradually decaying, all sorts of them, yea, even your Adversaries will from the contentful sweetness thereof, soon judge it better to acquiesse, and sit still under such an establishment, then to run the hazard of any change: Your Neighbors abroad will seek your peace and friendship, and then you will have all the opportunities of advancing Trade, and making easie the publick charge; and after you have well setled successive Parliaments with a fixt day for their Conventions, and secured the peace of the Nation, you may return with joy and lasting honor to your habitations, beloved of all good men.
Whereas thirdly, if you should propose preheminence to your selves, and retention of power, you know not to how many evils you would in time be necessitated: For in this course of policy,
Nemo repentè fit turpissimus
, you would every day grow worse and worse, one irregularity necessitating another, until at last no evil would be blenched at: You would then be forced to check the peoples freedom of speaking and writing; to discountenance all good men that stand for the Law and their antient Government; to straiten by degrees Liberty of Conscience, be necessitated to use Guards, and erect high Courts of Justice; to employ and encourage Informers, Intelligencers, Pursuivants, Gaolers, Flatterers, and all kinde of Projectors that can furnish with any ginn or snare for the people: All corrupt interests you must side with, and support; practise dissimulation, called in a more courtly phrase, The art of obliging; tire and wear out your selves with never failing and anxious business, attended with a thousand fears, doubts, dangers, difficulties; and in conclusion, if you should prosper in such practices, you would but leave your posterities partakers of the bondage you entail upon the people, or engaged in the laborious task of holding up the Tyranny.
If then looking upon the dispensations of Justice, God hath in late years afforded, and weighing the force of these Argu ments, and such other as your own hearts can suggest to your selves; you do resolve upon the safer and better way, that is, to settle the Government according to the antient Laws and free Customs of
England
, freed from the entanglements of Kingly and Lordly power: It will be requisite that you give time, and make diligent search, what the antient and fundamental Government of
England
is; for it were strange to suppose, as divers men have suggested, that we have no such Government or Laws; that were the greatest imputation upon your honor that could be, that a war should be by you commenced for preserving and vindicating the Fundamental Laws, and divers persons of highest quality executed as Traytors for subverting the Fundamental Laws, if no such Laws be, and the discourse of them but chymerical; it is rather to be supposed, that those persons who so suggest, have either not taken pains, nor used honest diligence to finde them out; or are thought full of erecting an interest against those good and equal Laws; and therefore be neither you, nor any good men, discouraged in his endeavors of finding them out.
It is true indeed, it is not like to be an easie task, because the Monarchical interest from its first forcing it self upon our Ancestors, could not but design their obscuring, embezlement, and subversion; which sometimes it did openly
vi & armis
, sometimes more clandestinely and fraudently, insomuch, that no Prince, but more or less, attempted it, and entertained as their fittest and ablest Counsellors, such as had most ability for such a work, two whereof besides the late King, were deposed from their Regal Dignities for subverting or embezling them, namely,
Edward
the Fourth,
Richard
the Second. So that after the so many hundred years diligence of such persons as were every way furnished both with power and all
circumstantial
helps, to extirpate the best of our Laws, and the wholsomest part of our Government: It is a wonder that any of it should remain, and not be swallowed up in the Monarchical gulf of Prerogative, but that every age hath produced some able and active men, who have by constant claim and sometimes open contest with Princes, kept alive the knowledge of many of our good Laws, and the particulars of our Government: And therefore you have good encouragement for further search; in doing whereof, be pleased to cast an eye upon these following considerations.
First, Inasmuch as you have already cleared the Government from the Dominion of a single Person, and the Pillars of Monarchy a House of Lords; in evincing the antient Laws, it is but consonant to what you have already done, to clear them from all branches of Usurpation, induced at any time or times by that interest, in order to its sustentation; for why should the tail be left, when the Dragon is taken away? And this is to be hoped you will do, because in your Answer to the
Buckinghamshire
Petition, you say you will endeavor to settle a Commonwealth as well in Nature as in Name. A Commonwealth then being a Government directly opposite to Monarchy; this being the Off-spring of force, obtruded at first upon the people, with which they are through the continuance of time, pleased as a Bird with her Cage, because she hath forgot the sweetness of her liberty and open air, and scarce knows how to live abroad, long used to her bondage; the other natural, and where enjoyed infinitely contentful. The Monarchy an interest within and distinct from the peoples, where the Prince and his dependents may be rich, and the people poor, and in necessity: The other an interest of the peoples, where the Law-makers and supream Authority, partake of the good or evil of their own Ordinances; and therefore are concerned to be gentle in all taxes and publick impositions, since they themselves must bear their proportion. Since then the Governments are thus distinct, and that you have exploded the Monarchical, you are to retain no Law as connatural with the Government, but what is agreeable and fully consistent with a free Commonwealth; which is the onely just and natural Government in the World; since as the people are the original of all just power (according to what you have declared) so are they no longer themselves, and free, unless they retain that power in their own hands, or transfer it for a short time by way of deputation or trust to some of themselves chosen by themselves, for the conservation of peace, and their Laws. And therefore be pleased to annul all those Laws, and other props and branches of Monarchy, that no hopes may be left to reverse it again, but the mindes of the people quieted in the permanent establishment of a free Commonwealth.
Secondly, In finding out the Original Laws, be pleased to cast your eye upon this Rule: That no Law be esteemed such, but what is of a large and diffussive extent, good for all, and at all times good, inasmuch as our dividing into parties hath been but in some of the last Centuries, a matter the Antient Law takes no cognisance of, that being one to all, inflexible and inexorable, regarding no man, no quality of men, no sect, no opinion, but enjoyning universal obedience for common peace and safety, and providing that one injure not another, dispencing upon default equal punishment. So that the way of reconcilement and uniting the spirits of the divided people, is to let them see that they are alike in respect of the Law, but as they become guilty upon the breach of any part of it. It being one of the arts of Monarchy, according to one of its Maximes,
Divide and Reign
, to give greater countenance to one or two sorts or sects of men, then to the rest, that so by the assistance of some, the whole may be kept in subjection. But in a free Commonwealth, there is neither Flatterer nor Favorite, the Laws bears Rule, and all are alike dear to it. If then you shall expunge all Laws of a narrow and contracted aspect, your building will be lasting as not standing upon a point, but grounded upon the basis of the People, every man being concerned with heart and hand to maintain that Government which gives him protection and equall respect.
Let me subjoyn this therefore as an humble caution, That it is a short and low consideration to think to satisfie the people with giving them only Liberty of Conscience: the whole is their right, and freedom in matters of religion is but a branch thereof, which is therefore not to be owned or accepted as a favour or indulgence to some persons, but the due right of all; not granted in policy to oblige a party, but published as a particular not submitted to trust; no man in Religion being a capable Judge for another, since every man must be fully perswaded of the verity of the way wherein he serves the Lord. The business of the Magistrate in this particular being to conserve the Peace, and to see that no man offers injury or violence to another, or upon pretence of his liberty disturbs the tranquility of the publick, or intrenches upon any mans propriety: let not therefore liberty of conscience be used as a sweet bait or morsell to some dissenting men, thinking by that means to stop their mouths, and with the addition of an office make them serve you in restraining other rights and freedomes, or establishing any other Power or interest then that forementioned; but doe all things with that freedome of mind, as becomes members of a Commonwealth. There is not to the soule of man, any thing more pleasing and permanently contentfull, then to discharge all duties with an upright and sincere heart, it leaves behind it a name sweeter then pretious Odours, and establishes a family beyond the favor of Kings, or success of battails.
Thus precautioned, you will be the better fitted to make search what the most antient government of
England
is; for your furtherance wherein, I have taken the boldness to suggest unto you an essay at a modell thereof, cleared from regall and lordly usurpations, with the additions of some circumstances that makes it more practical at this time, and answering all occasions that the present condition of affairs requires, which in most humble maner presented, will at least give some light to your future disquisitions.
1. THat a Parliament be called once every year by writs in course to be issued out upon a fixed day, and that the day also of their convention be assertain'd, that they adjourne from time to time as they see cause, not disolving untill at the years end in course they give place to the
succeeding
Parliament.
2. That it consist only of the representatives of the people annually chosen, without a house of Lords, the superintendency or coordination of any person or persons whomsoever.
3. That the Power of the Militia, the Power of making Peace or Warr, the raising of Money, and disposing the same, be solely in the Parliament, and such as by them deputed shall be accountable to them.
4. That the power of making occasional laws be solely in them, reserving to the people untoucht and inviolable their fundamental laws, according to indenture at elections.
5. That a Councel of Safety be annually chosen by the Parliament out of themselves, consisting of one and twenty persons, accountable to Parliament: that they receive Commissions and instructions from Parliament, with the particulars of their trust; that so all matters though provided for by law, may not be brought as formerly to the Council board, to the awe and debasing of the spirits of the people; that they have a yearly allowance sutable to the dignity of the Nation.
6. That all the great and publick Officers, as well Civil as Military, be chosen by the Parliament, and continued but for one year.
7. That the Members of Parliament do take their provision allowed by the Law, and that during the time of their Membership, they neither directly nor indirectly (as being Members) enrich themselves, or dispose to one another the publick offices.
Laws including the Peoples Liberties
.
I.
THat no man be adjudged of Life, Limb, Liberty, or Estate but upon presentment by the unanimous judgment or verdict of twelve sworn men of the Neighborhood, grounded upon the testimony of faithful witnesses.
II.
That every person at the time of Tryal, in all Cases, have liberty of challenge or exception against his Tryers, or Jurors, as by right to the number of Thirty and six, without shewing cause; and of as many more as he shall shew cause for.
III.
That no man be amerced, fined, or otherwise punished, but in an equal manner proportionable to the offence; and none of the amercements, fines, or punishments, be imposed but upon Oath of good men of the Neighborhood.
IV.
That no man be imprisoned in any place, but whereunto there belongeth Goal-delivery, and not to be continued beyond the second Goal-delivery: That every prisoner be furnished with food and other necessaries, during his continuance there: That the Goaler have no Fee but Four pence of the Prisoner at his acquitment: That Bail be not refused, if the person be bailable.
V.
That no man be imprisoned for Debt, but that all Estates real and personal be liable for discharge of debts: That the Laws be revised concerning double Sales, fraudulent Concealments, and whatsoever indirect practise may arise upon the aforesaid Law, that so by severe penalties they may be prevented.
VI.
That no man be put to his Law, nor to an Oath, upon any ones bare saying, but upon the Oath of credible witnesses for the same.
VII.
That all Officers be annually chosen by the people, amongst whom the office or jurisdiction is to be administred, as well Sheriffs and Justices, as all other inferior Officers; likewise all Officers of Assizes and Courts of Justice; and also all Officers of the Trained Bands.
VIII.
That no man be compelled in matters of Opinion or Religion, but left free to observe the publick established Religion, or what other may seem in his Conscience to be more agreeable to the Word of God; and answerable to the Law onely for injuries between party and party, or for crimes against the Commonwealth.
IX.
That no moneys be raised upon the people, but by their consents in their great Council (the more antient appellation of the Assembly of their Deputies, then Parliament;) and that it be done by the good old way of Subsidies, which is both the most equal way, and of least charge in collecting.
X.
That considering the people are grown much more numerous then heretofore, and that places have been made capable of chusing Parliament-men according to the interest or concernment of Princes, whence hath arisen a very great inequality in the distribution: It is thereupon necessary, that a new division be made in each County, that so there may be a more equal and perfect Representation of the people in their Great Council.
XI.
That the people in each County divided into Hundreds and Tythings, may be disposed into Bands of Horse and Foot, according to the different quality of the inhabitants; and that they may be at set times trained and disciplined for War, under Officers and Commanders chosen by themselves; that so the whole Nation may be ready to appear in a few hours in arms, for defence of their Laws, and whatsoever is dear to them, against any enemies from abroad, or insurrection at home.
This Model is humbly presented to the consideration of all the good people of
England
, especially to the Members of Parliament; in drawing up whereof all particular interest is disavowed, no way of
Union
(that necessary means of safety) being possible, but by the concentration of all parties in something that is good for all, and hurtful to none; and as such, this is presented.
As every man is free to deliberate upon them, so is it humbly desired, That no man will suffer that freedom to be taken from him, by the inordinacy of any passion, by his engagement to any interest narrower then the publick; by the potent witchcrafts captivating, in common repute, the wisest, the love of Honor or Preeminence, and Profit: But rather let these few considerations take place in your hearts, and then a universal assent is not to be despaired.
1. THat it is better for any man to leave his Children guarded in their estates or labors by the Laws of their Countrey, then (though rich, and in the favor of a ruling party) li able to the slippery changes, that must ever attend those structures that are not built upon the sure basis of standing Laws. This is a truth, That no man who is not blinded by being indirectly engaged, but will give his ready assent to.
2. The Laws presented, are all of them, except in some circumstances, the most antient and radical Laws of this Nation.
3. They are conceived to be good for all, and in all times good; all parties are secured and supported by them; all persons intrusted, are so fairly and reasonably limited by them, as to prevent the employing their power to the prejudice of any particular, or of the publick; as when occasion of further debate thereupon is offered, shall be endeavored to be cleared.
4. It is humbly conceived, that such an establishment will recompence all the miseries of the late War, as being hopeful, not onely to invest the people of this Nation with the present possession of their Laws, and just Liberties, but secure them for the future against all violences and usurpations whatsoever. The Model presented, does not probably comprehend the whole of what is the peoples right, and necessary for their security, but is intended as an occasion and ground work of your Debates, who have the command of all helps, a view of all Laws and Records, and so the advantage of making a further discovery of many of our Rights and Customs, conducing much to the better establishment and security of the Government.
It is in the last place offered, That when the Laws and Liberties of the people are evinced and ascertained by your selves in Parliament, That a Model thereof fairly Printed be affixed in every Church, Hall, place of Assize, Market place, or where there is any usual Convention of people; and that at Assizes they be publickly read once every quarter, or oftner as shall seem good: That so the people bred up in the knowledge thereof, may be sensible when any violation or intrenchment is offered thereunto. And for their further security it is likewise tendred, That after election of any persons to serve in Parliament, in the audience of each person so chosen, and of all the people, the Laws be solemnly read by a publick Officer thereunto appointed; and an Oath taken of the person elected to preserve the same.
Be serious in the consideration of these particulars, and upon liking, give what promotion you can towards their settlement.
When the Law is supream, every man is safe and a freemen.
Having thus given my mite of humble Advice in order to a good settlement, let me without offence, and in as humble manner present a few considerations referring to several sorts of men and things, that may make the easier way, and prepare all parties for the better admission and establishment of the Government.
FIrst, As to the Officers of the Army, and others ingaged in many irregular and unwarrantable actions, since your interruption in 1653. Whether in order to peace, and the easier admission of what you intend, it be not best to pass over, and wholly forgive by an Act of Amnesty, whatsoever in that time hath been transacted; considering withal, the many temptations that were offered, and that during your former Session you had not established the Government; especially in case a plenal and perfect submission and obedience be hereafter rendred to your just Authority.
Secondly, That you propose some way of encouragement to the inferior Officers and common Soldiers, not onely as to the discharge of Arrears, and constancy of pay, but also some priviledges upon disbanding, that may bring them into the condition of Free-Commoners, and settle them in a constant way of livelihood, either here, in
Ireland
, or in
Scotland
; that so they may look upon themselves, not as mercenary hirelings, but as Members of the Commonwealth, and propose to spend the remainder of their days, as other good men of
England
, in some vocation. These things will make them unanimous in standing by, and protecting the Parliament during the settlement.
Thirdly, In reference to the Prerogative party; although heretofore you have been necessitated to shew a severe hand towards them, they being the Principals in the War against you, and who would, it is to be feared, have been much more severe towards you and your adherents, in case they had prevailed; yet since they are Members of this Commonwealth, Fellow natives and Christians with us, and had many temptations to sway them to that party, besides the specious countenance of minorated Law, and the impulsion of education; it is humbly offered, Whether it be not best for the future, to let them see a willingness in you, to receive them to favor and publick countenance, so far as may stand with the safety of the Government: And although some restrictions are of necessity to be laid upon them, because of their aptness to revolt, and readiness to assist the interest of the
Stuarts
, and reverse the Monarchy; yet that those restrictions be but temporary, and taken off as soon as they shall give some signal testimonies of their reclaimer, and approbation of the Democratical Government, without a King or House of Lords. You may be pleased to consider, that there hath not much been done hitherto to reform and rectifie their understandings and many things, rather to confirm them in the equity of their own cause, especially in late actions: But when they shall see the excellency of a Commonwealth, in the establishment of the good antient Laws freed from those
powers
and intanglements that rendred them useless, when they shall finde every man protected by them in his life, limb, liberty, estate, and no man by vertue of his authority extending his power to anothers prejudice, but at his own peril, in case he exceeds the express limits and bounds thereof; when every man under their tutelage shall enjoy the fruits of his Fathers labor, or his own industry, without the numerous ways of Court-arts, to molest and impoverish him. When those of that party shall see this blessed time, it is not to be doubted, but they will soon throw off their expectations from abroad, and blame themselves for giving any stop or impediment to so blessed a Reformation.
As to the Ministry, and that form of Church-Government the Parliament shall think fit to commend to publick observation, it is offered, Whether it be not the better way, that the persons officiating therein, be paid out of the publick Treasury, more or less, according to the number of their charge, with certainty of a competent allowance to their Widows and Children, that so they may be obliged to maintain the Government established, and having no dependance upon the benevolence of the people, be more free to acquaint them with their faults, and avoiding all Polemical Controversies, and drawing them into factions to maintain their several Forms and Tenets, employ their abilities chiefly in furnishing every mans minde with the true knowledge and practice of all Christian precepts and duties, shewing the general disparity of almost all mens conversations thereunto.
Lastly, As to Trade, you cannot but see at how low an ebbe it is at the present, to the extream discouragement, and almost heart breaking of the Merchant, Trades man, and all other industrious manufactures and occupations depending thereupon. It is therefore one of your principal works to set all the Wheels thereof going, both for the revival of those that live upon it, and for the increase of the publick Treasury. As for the means how it may in the best manner, and most contentful to the people be accomplished, it requires a large discourse, which happily in a short time you will be furnished withal; in the mean time it is best consulting Merchants and Seamen of most fame for honesty, ability, and publick-heartedness, who can give you an account of the state of our several Trades abroad; what clogs and burdens lie upon it; what expedients are left for remedy thereof. Expect not their Addresses, but invite them to you, entertain them with candor, and purpose of speedy redress Hear also, what others can say as to Trade within Drapers, Mercers, Clothiers, and bear an equal hand towards all.
Esteem the certain interest of this Nation to be the increase of Trade and the best Maxime of a Parliament to inrich the people, by encouraging all their labors and industry, advancing home-made Commodities, and providing a free course and vent for all manufactures; whereas a single person keeps the people poor and necessitated, that they may be fitted for Soldiers and Plantations, regardless of their penury, anxieties and blood; and proposes by numerous Pipes and Conveyances to drain the wealth of the Nation into the Exchequer; a Commonwealth on the contrary, is to aim at enriching the people, knowing the publick occasions can never want succor, as long as they abound.
Let me adde two things more, and I shall crave your pardon for all this trouble.
1. IN the disposal of publick Offices, as it hath been the practice of Monarchy, depending upon Faction (that is, upon a part of the people moulded to support that interest) to dispence its favors and publick employments onely to such as would flatter, and obey whatsoever should be commanded: So will it on contrary, become you rather to seek out those who are most deserving, of most approved integrity, who are said in Scripture phrase
To fear God
(for then they will do nothing unworthily, since they know God abhors all that is evil)
and hate covetousness
, the root indeed of all unjust actions. Beware of dispensing these by favor, and to relations, because such, however undeserving: For besides that it will much blemish your proceedings, it will also weaken the publick interest, and by degrees induce many corruptions in the Government. Seek out therefore men able; the most vertuous are the most modest, and least apt to hunt and canvas for employment: Prefer not a Sycophant before a faithful Minister; a man pufft up with undeserved favor, before him that seeketh to purchase Grace by desert; an idle drone before a painful Officer.
2. There is a vice that has almost eaten out all integrity and truth of heart amongst men, which in latter years has been sown and sprung up abundantly in this Nation, Hypocrisie I mean, double dealing concealment of the minde, aptness to betray; whereby Faith is almost extinguished, and every man is become afraid of his neighbour: It lies in you to rectifie this, and it is an honorable undertaking; it must be done by plainness and integrity in your selves, according to whose examples all will square their actions, and by countenancing it in others. Let your reputation abroad arise from your reall strength at home, from the union of the People by the means forementioned, endeavored. Be it known by your punctual and just dealing, and scorne the base and unmanly arts of courtly obligings and regal dissimulations. Then will Honesty and Truth come again in fashion amongst us; and as well in publick as private affairs, no man will keep credit, but he that
to the utmost
of his power keeps his word and faith.
A word to the Officers of the Army
.
THough the peoples fears are much upon you, as judging that you intend forcibly to transferre the power upon some of your selves, or return it upon the late Protector, if by no waies you can make the Parliament serve your purposes: yet cannot I give a ready credit to these distrusts, since I cannot think you should so blemish and render fruitless all your memorable actions and valiant exploits performed in the late warrs; muchless blot out and deface those glorious expressions in your former Declarations, asserting your care and tenderness of the Fundamental Laws.
The Parliament is now setling the Government of this Nation, and have made by your assistance a good beginning, by freeing it from the arbitrariness of Kingly and Lordly power; they have also promised they will make this a reall Commonwealth, as well in nature as in name: that is, as I humbly conceive, where the Law shall be uppermost, and every man intrusted with the execution of any part thereof, or with any office or
publick
employment, shall be so bounded with express rules and instructions, and be so certainly accountable for the discharge thereof, as that no man shall have power to abuse that share of Authority is committed to his management. How blessed a providence will it be to this Nation, and particularly to your selves, to stand by them, encourage and protect them in so good a work! Now is the time, the criticall time, when either we shall by centring upon good and stable foundations, become the happiest people in the world, for true freedom, righteous laws, security, wealth, (assured concomitants one of the other) or the most miserable by being liable upon an unsatisfactory settlement, to future and unavoidable alterations, which in all probability will end in the reduction of that Tyranny your valors are yet famous for exterminating.
And therefore you are most humbly implored by whatsoever is deare to you, your country, your posterities, the peace of your own consciences, as you prize the favor of the Almighty Lord of Hosts, and the universal love of all good men, employ your strength (as of right you ought to doe) in their protection that rais'd you, and first engag'd you in the righteous cause. Let not that cause that God hath so signally blest, become reproachfull, and a byword to the Nation, but evince it, stand by it, see it established, and then sit down & enjoy the fruits thereof; distinguish not your security from that of other mens, all irregularities in this interval of settlement may be past over; you will deserve not only indempnity but the highest esteem, if when you might hinder, you assist, and keep all other sorts of persons and parties from disturbing the Parliament in the establishment of the government. If therefore you have entertained any other purpose, give timely check to it, and stop before it be too late; be one with the people, and leave the estates you have by many hazards purchas'd, leave them to your children guarded by the protection of Law, and not liable to the humerous discretion of a single person, or an arbitrary Senate, which is much the same tyranny.
Answer all the scruples and objections of other men, by apparent actions of union with the Parliament, which will more then any other thing take off the hopes of all enemies secret, or open, at home or abroad.
FINIS.
TWO PETITIONS OF
THOMAS VIOLET
of
London
Goldsmith
, TO THE KINGS Majestie:
I. Seting forth the great abuses practised by the makers of Gold and Silver Thread, Wire, Lace, to the great waste of the Stock and Treasure of the Kingdome, in culling and melting down the heavy currant Silver. II. One hundred & twelve several parcels of course and adulterate Silver Lace, sould for good Silver by several Shopkeepers in
London
; all these assayes certified under the hands of Mr.
Alexander Jackson
, who is sworne Assay-Master at Goldsmiths Hall, which Silver was course and adultrate, under Sterling, being all wrought against the Law. III. Ten several Heads or Branches certified by the Committee of Trade the 17th of
June
1657. seting forth the several abuses in making Gold and Silver Lace, Wire, and Thread; and several waies set down for the preventing the same for the future, to which I humbly referre. IV.
Thomas Violet's
Petition to the Right Honourable, several LORDS of the
Privy Council
, who are appointed a Committee for the removing the obstructions of the Mint, that their Honours would
be
pleased to take Order for the Regulating of this Trade, and prevent the abuses put upon the wearers of Gold and Silver Lace, and for their fuller information, that an Order may be
directed
from the
Lords
of the
Council
to the Company of Goldsmiths, requiring them for His
Maiesties
service, that they forthwith take into consideration, to present to your Lordships such Rules, Orders, and Instructions for the due vending, and uttering of the said Manufactures, as they in their great experience shall find most necessary for the ends expressed.
LONDON
, Printed
Anno Dom.
1661.
TO THE
KINGS
MOST
Excellent Majestie
: And to the LORDS Spiritual and Temporal; and the
Commons
Assembled in Parliament.
The humble Petition of
Thomas Violet
Goldsmith
.
Humbly Sheweth
,
THat your Majesties Royal Father of blessed memory, upon complaint to him made by many Persons, Noblemen, Gentlemen, Goldsmiths, and others; and also to his Majesties Privy Councel, as appears by Orders of the Privy Council the 25. of
January
1634. shewing,
That much course Gold & Silver Lace, Gold and Silver Thread, Spangles, Oaes and Wyre, was daily in great quantities sould for good Silver, to the great dammage and hinderance of the Mint, in the excessive quantities made for inferior persons. And that great quanities of English heavy Silver money, was culled, and melted down daily, for the making of these Manufactures, to the great wast of the stock of currant Silver, and to the daily deceit of the wearers of Gold and Silver Lace.
And by Order of some of your Majesties Royal Fathers Privy Council,
viz.
Mr. Secretary
Cook
, your Petitioner, and some others, were imployed to buy up several parcels of Silver Lace, in several Silk-men, and Wyerdrawers Shops in London: and thereupon your Petitioner, and some others, brought the said Lace, Spangles, Wyer, Purles, Oaes, to Mr.
Alexander Jackson
Assay-Master of Goldsmiths-Hall, and he Assayed about one hundred and twelve several parcels of Gold and Silver Lace, Spangles, Thread, Wyer,
&c.
as appears under his hand. All these Assaies being by him the sworne Officer appointed for that service, found, and reported to be all made of course and adultrate Silver, mixed with Copper, contrary to the Law, being vended, for good Silver; and the Gentleman is now living, a man of great experience, skill, and credit, that can attest this, to be true to your Majesties Privy Council.
And your Petitioner hath the names of the several mens Houses and Shops of the Silk-men, Wyerdrawers, and others, and the day, and the year, this course adultrate Silver was by them sould: These original Papers your Petitioner hath ready to produce to your Majestie, and your most honourable Council.
Thereupon his late Majesty, and his Privy
Council
, commanded Sir
John Banks
, your Majesties Father Attorney General, to put some of the eminent of the Offendors into the
Star-Chamber
; and thereupon both Refiners and Wyerdrawers petitioned his Majesty for a Corporation, and that they would so order themselves, that these abuses being so many, and fully proved, should all be regulated and prevented for the future. But upon full examination at the Privy Council, his Majesty, and the Lords, being fully possessed what had formerly been acted by the Wyerdrawers for several years. When they had a Corporation, that the abuses continued so notoriously notwithstanding the Wyerdrawers Charter, that their Corporation was damned in Parliament, about the latter end of King
James's
time, in a quiet time, this was done, and Sir
Giles Montpersons
had like to be undone for procuring the Wyerdrawers to have a Corporation, as will appear in the Parliament. Records to which I humbly referre.
It was demonstrated in that Parliament, before your Majesties Royal Father, being then Prince, that the Wyerdrawers made Silver Wyer with a core of Copper, and sould the same for fine Silver; your Majesties Royal Father remembring this, was both shewed, and proved in the Parliament House of Lords, he being then present, would not trust the Wyerdrawers with a Corporation, 1635. his Majestie saying,
That would give the Gold Wyerdrawers an opportunitie to cozen the Kingdome againe
; they having cozened the Kingdome of above twenty thousand pounds a year, by deceitful making these Manufactures, and venting the same for good, for these last twenty years.
May it please your Majestie
, your Royal Father upon debate, and advice of his Privy Council, taking special notice of your Petitioners activitie and abilitie to discover, and reforme these abuses, in consideration of these service, did by his Letters Pattents appoint
your
Petitioner for three lives, and the longer liver of them, to have, and take the charge and care to be the Surveyers, Tryers, Sealers, Assayers of all Gold and Silver Wyer, Thread, Purles, Oaes, Spangler, and all other Manufactures of this sort, and to Mark, Register, Seal, or Assay the same, before any of these Manufactures should be exposed to saile; with power given to your Petitioner, to search for, and seaze on all course and adultrate Silver, made into any of the aforesaid Manufactures, and to burn, and deface the same, according to the Law, to suffer no Silver to be wrought into any of these Manufactures, or put to saile, but Sterling Silver at the least.
Your Petitioner hath two lives yet in being, his own life, and anothers, under the great Seal, for the grant and allowance of one half penny the ounce Troy for all Silver Wyer, Spangles, Purles, Oaes, and four pence the pound Venice, which is one half peny the ounce Troy for sealing or surveying all Gold and Silver Thread,
&c.
For the consideration of these Fees, your Petitioner did keep, and is bound to keep at his own charge several persons to give their attendance to Survey or Assay all Gold or Silver Wyer, Thread, Spangles,
&c.
to pay House-rent, books, wax, fire, coles,
&c.
and to warrant to all persons whomsoever, that all Gold and Silver Wyer drawn at the Office appointed by your Majesties Royal Fathers Proclamation, should all be made of good Silver, none under Sterling, or the Standard.
And if it should chance any person or persons to be wronged in the premises, and buy Gold and Silver Wyer, Thread, or Lace, made and drawn, and sealed in the said Office, by your Petitioner, or his Servants, that then your Petitioner should pay full damages to any Person that could find out, or discover the same.
And your Majesties Royal Father set forth his Proclamation, and appointed by his Commissioners under the great Seal, some of His most honourable Privy Council, his Attorney and Solicitor General, and Masters of Request, and Clarks of the Council, His Officers of the Mint, and some eminent Aldermen to be his Commissioners, giving them instructions under his Majesties sign Manual, this being done 1635. by the advice of His Privy Council, after many daies hearing at the Council Table.
These Gentlemen sate every week one day, and five made a Committee, and sometimes more, to regulate and restrain the abuses, and they caused some of the Offenders to be set in the Pillory, being indicted at
Newgate
; and in the compasse of six years, brought the
workmen
, and all people trading in this Manufacture, into that good order and decorum, that all Gold and Silver Lace, Thread, Wyer,
&c.
was as exactly made as the Plate or moneys of the Kingdom, the numbers of Workmen regulated, a due Proportion of Silver to Silk, whereby this Manufacture was made the best in
London
of any place in
Christendom
, and your Petitioner seeing all orders and rules setled and made by the Commissioners, or any five of them to be duly
executed
, was the principal cause of that Reformation that followed. This Regulation was complained of in Parliament, 1640. but upon Examination all Parties put to take their Remedy by the Law, and I have in all times justified the Regulation.
Your Petitioner being 1641. first sent by the Parliament a Prisoner to
Peter
house then a ship board to the Kings Bench: & in the year 1643. sent close Prisoner to the
Tower
for near four years,
being
kept in a dungeon 928 daies of that time, and had my estate plundred, to the valew of eleven thousand pounds, and my damage at this day above twenty thousand pounds, and threatned to be sent for a slave to
Argier
, for bringing from your Majesties Royal Father from
Oxford
1643 a Letter for peice to the City of
London
. In all I was about eight years a Prisoner.
But upon the persecution of the long Parliament,
your
Petitioner went to your Royal Father to
York
, and the honourable Commissioners appointed for the regulating this Manufacture, being Privy Counsellors, and other eminent Officers of the Kingdom. These Gentlemen, almost all of them, according to their duties, followed your Majesties Royal Father in all his Troubles, but since, length of Time, fortune of the Warres, and other casualties, almost all of these Honourable Concellors are dead, by whose wisdom and care these abuses were regulated, and this Regulation afterwards neglected, the heavy coines melted, Silver slightly and adulterately made, to the damage of the Kingdom many hundred thousand pounds within this twenty years.
In your Petitioners Patent under the Great Seal of
England
, there is this Provisoe, that if hereafter the Government or Regulation of this Manufacture by Commissioners, be altered or changed into any other form, or any other Proclamation for the regulating this Manufacture, yet your Petitioners Grant, with his Fees and Powers, should be, and continue firme, good and effectual in the Law, as appears by your Petitioners Patent, dated 7
Sept.
14.
Car.
which Patent taken out of the Rolls, your Petitioner hath left with the Honourable Mr. Attorney General, with a Petition to your Majestie, formerly referred to the Right Honourable the Lords Commissioners of your Majesties Treasury, touching the Regulation of this businesse, 15.
Sept.
1661.
Your Petitioners humble prayer to your Majestie is, that your Majesty would speedily prevent the great abuses and disorders daily practised, in the undue making of Gold and Silver Thread, Wire, Lace, Spangles, and the unlawful melting of the heavy current silver Coines, there being above twenty thousand pounds a year wasted and bruised away, by thin and slight making of Silver Lace, for the private profit of the Wiredrawers,
which
if it were duly made, would all be returned to the melting Pot, and avoid that waste of Treasure, that by order of your Majestie and your Privy Councel, all persons as formerly, from 1635. to 1641. be enjoyned to the due essaying of all Silver Wire at the Bar, and the Thread sealed, and true Registers kept of all Gold and Silver employed in this Manufacture, and all Bars and Engines brought into one place, according to the Pro clamation of your Majesties Royal Father, in the 11th year of his Reign, that so your Majestie may have a true Accompt what Silver is spent in this Manufacture, and so regulate the Excess, which is to the prejudice of your Mint, that base and inferior persons may not weare the same.
I humbly beseech your Majesty to read the Reasons of the Committee for Trade,
fol.
11.10 Head. never to trust the wiredrawers with a Corporation, or with the rule & government of this Manufacture. And then if your Majesty be pleased to compare what your royal Father of blessed memory observed of these wire-drawers in the Parliament, when he was Prince, that they had deceived their trust, and he would not trust them again. they have cozened the Kingdome whithin these twenty years of above twenty thousand pounds a year, in slight, course, and deceitful silver lace, and now are endeavoring to get a Corporation, to work in iniquity by a Law, if your Majesty prevent it not.
And that your Petitioner may be required to continue his Searches so often as he shall finde just occasion, to seize all course Silver, under sterling, made or making into any of these Manufactures, and to deface the same, returning the material to the Owner as soon as they are defaced, according to his Patent, that no Gold or Silver Lace be hereafter mixed in any part with Copper, or made under sterling.
For the better enabling your Petitioner to do this service, your Petitioner humbly prayes your Majestie to renew your Royal Fathers former Commission 1635. with such alterations and additions, as your Majestie and your Privy Councel, with the Attorney General shall judge fit, for the persons and the powers to be your Majesties Commissioners for this business.
Or else if your Majestie and your Privy Councel shall think it meet for your service, and the fuller discovery of these abuses, (never suffer the Gold Wiredrawers to have a Corporation.) But if your Majestie, by advice of your Privy Councel, command the Corporation of Goldsmiths, by reason the regulating of Gold and Silver is a particular branch of their Trade, that they be required by your Majestie to take and view the former regulation of this Manufacture, as it was setled by Commissioners, from the year 1635. to 1641. and to consider of such alterations and additions for the due Regulation of this Manufacture, that all abuses now practised in the Workmasters, Workmen, Traders and Venders of this Commodity, may for the future be prevented; your Majestie, Nobility, and Gentry duly served with good Silver Lace, which maintaines by Manufacture many thousand people in the City of
London
.
All Gold and Silver Wire drawn at the Office for any of these aforsaid Manufactures, of Lace, Thread, Embroidery, to the essayed and warranted to be good
Silver
by your Petitioner, as he hath put in Security into the
Exchecquer
, or to pay the damage.
That the Company of Goldsmiths, as often as occasion shall require, shall from time to time propound such Rules and Orders, for the due making, vending, and uttering the same Manufactures, as they in their experience shall finde most necessary for the ends expressed, and being required by your Majestie, for their daily assisting, advising, and counselling your Petitioner to discharge the Trust and Duty of his Place, according to his Grant under the Great Seal, that so all the former abuses for the future may be prevented, and the credit of this manufacture restored, and your Petitioner encouraged to do his duty, to discover these abuses, and for to incourage the Goldsmiths Company to look carefully after this businesse, that after the Expiration of your Petitioners Grant, by your Majesties grace and goodnesse, the Powers, Fees and Salaries granted to your Petitioner, to enable him to do this service, may for ever be fixed and annexed to the Company of Goldsmiths and their Successors, they then putting in Security in fifteen hundred pounds into the Exchecquer, as your Petitioner hath done already, for the warranting all Gold and Silver Wire drawn as aforesaid, for making any the aforesaid Manufactures to be good Silver, and that the Company of Goldsmiths by your Majesties Gracious Reference, be commanded to certifie your Majesties Privy Councel, and your Attorney General, of such wayes and
R
ules they shall find best to prevent these abuses, your Majestie being graciously pleased to recommend the same to your Parliament, to have this Regulation setled on the Goldsmiths by Parliament. This will perfect the Reformation, and prevent the daily abuses put on the Wearers of Gold and Silver Lace, when the Company of Goldsmiths that are Artists, but no Traders in this Manufacture, shall be bound to warrant the same to all persons, and to survey and see the Gold Wiredrawers do their duty.
And your Petitioner shall ever pray, &c.
May it please your Majesty, I have spoken with the Company of Goldsmiths about a month since, who have declared to me, that if your Majesty, or your Privy Council send them your commands to set down the waies and rules, to the best of their skil for this Regulation, they will withal rediness humbly do it; and if these rules be approved on with such alterations as your Majesty, & your Privy Council shall judge fit, and by your Majesty recomended to the Parliament, and by them approved; they tell me this is the only certain and safe way for them to act, to reforme this abuse, which the Goldsmiths have confessed, they know is a great shame to the Kingdome, that the Nobility and Gentry should be so daily deceived as they are, in course slight, adulterate silver lace, wyer, spangles, thread,
&c.
which the Assaying of, and Surveying of these Manufactures by your Petitioner, will for the future prevent, and the advice and assistance of the Company of Goldsmiths, will strengthen your Petitioner in this service.
At the Court at
Whitehall
Jan. 25. 1634.
Present.
The KINGS most Excellent Majestie
.
Lord Archb. of
Cant.
Lord Keeper.
Lord Treasurer.
Lord Privie Seale.
Lord Duke of Lenox.
Lord Mar. Hamilton.
Earle Marshall.
Lord Ghamberlaine.
Earle of Dorset.
Earle of Carlisle.
Earle of Holland.
Lord Cottington.
Lord Newburgh.
Mr. Treasurer.
Mr. Comptroller.
Mr. Vice Chamberl.
Mr. Secretary Coke.
Mr. Secret. Windebank.
UPon Complaint made this day to his Majestie, sitting in Counsel by Sir
Henry Mildmay
, Knight Master of the Jewel-house, that much of his Majesties Plate had bin stollen, and then melted down into Ingots, and unlawfully sold, as well to sundry Goldsmiths as to Refiners. For proof whereof he presented sundry depositions, of which two were read. And upon Information given by some of the Wardens and Company of Goldsmiths, (who did this day attend) touching the detriment which ariseth by the undue pra ctices of the said Refiners. Who in stead of selling Silver Bullion to the said Company of Goldsmiths, or bringing it to the Mint, according to the Statute of the fourth year of
Henry
the seventh, do raise the same in finenesse, and utter it to the Wiredrawers, and others of like Trades, at higher rates, then either the Mint can allow, or the Goldsmiths can give. And do thereby cause the Consumption
of a great and excessive mass of gold and silver, in thread, spangles, and other unnecessary things.
His Majestie having taken the premisses into consideration, was pleased to order and command (with advice of the Board) that the said Sir
Henry Mildmay
shall go to Mr. Attorney General, with the said depositions, and what he else can produce to that purpose. And that the Goldsmiths shall likewise attend the said Mr. Attorney, with such informations as they have already, or can recover by further Inquirie, (wherein they are to use all speed and diligence) And that thereupon Mr. Attorney shall prosecute in a legal way, such as he shall finde to be offendors as well Goldsmiths as Refiners, in any of the particulars beforementioned, And cause the said Statute (against the said Refiners, &c.) to be strictly put in execution. And such course to be presently taken, that the penalties thereupon may be recovered against such as are or shall be found offendors against the said Statute.
W. BECHER.
IN prosecution of the aforesaid Order, and to bring the Offenders to Justice, by order of Mr.
Secretary Cook
and others. Mr.
Alexander Jackson
, the sworne Assay-Master of Goldsmiths Hall, was commanded to make true Assay of an hundred and twelve several parcels of Gold and Silver lace, Spangles, burnt Silver, some of this silver Lace and Thread, holding in Copper above foure ounces on a pound Troy, some
6d. 3d. 2d.
worse then sterling upon the ounce. This was done in
April 1635.
And in
May 1639.
all these parcels of Silver Lace, Purles, Spangles and Thread, made and reported by the abovesaid Mr.
Alexander Jackson
, for which service I paid him five pounds, as I have his Receipt and Assayes reported under his hand, who is now living, a Gentleman of great experience and credit, and can justifie upon his Oath these several parcels of Silver Lace, being all under sterling; And I have it Attested under several hands, that these parcels of Silver Lace was made, uttered, and sold against the Lawes of the Kingdom, and contrary to the Oath of every Freeman of
London
, every Freeman working any Gold or Silver, doth or ought to sware to work no Silver in any Manufacture but sterling, nor no Gold in Manufacture under Crown Gold, that by the Law all persons offending ought to be Indited, and stand in the Pillory, and be fined at the Pleasure of the Justices at the Sessions, and find Sureties for their good behaviour.
I caused some of these offendors that made Silver Lace, Wire and Thread, with a Core of Copper, to be set in the Pillory in Cheapside, and fined at the Sessions, and caused twenty men to run out of the City of
London
, beyond seas, for selling Silver Lace mixed with Copper, This Sir
George Sands
knoweth to be true, his brother being cozened here in
London
with a great parcel of Silver Lace mixed with Copper, which he paid for as good Silver.
If your Majestie had not pardoned these Abuses, I could set down the particular names, and mark them to posterity with a black Impression, of both Silkmen, Wiredrawers, and others, with the number of about fifty Shopkeepers, who sold these hundred and twelve parcels of course counterfeit Lace, Spangles, Thread, Wire, for good Silver, and the year and day they did it, with good witnesses to prove it, which had they their due, by the Law they ought to stand in the Pillory, and make fine and ransome to your Majestie. But I hope for their amendment; yet if required, I can produce to your Majesties most Honourable Privy Councel their Names with witnesse.
At the
Sub-Committee
of
Parliament
, appointed to take into consideration the several petitions of the Refiners of gold and silver, the Gold Wyer drawers, the Hand-Spinners with the Charie and Spindle, and the Wheel-spinners, and of
Thomas Violet
of
London, Goldsmith
, for the due regulation of the Manufactures of Gold and Silver wyer and thread, purle, oaes, plated wyer, spangles, and Copper wyer and thread,
&c.
to prevent the former abuses practised in the said Manufactures: and to prohibit the culling, and melting down the currant Silver coynes of this Nation for the future.
WE have called before us the Petitioners, and have several dayes heard this businesse, and upon consideration had, we do offer as followeth.
1. Forasmuch as it appeared unto us, that several great abuses have been, and are daily committed in the culling, and melting down of the currant silver coynes, of this Nation: It is therefore offered, as our opinion, that his and the Parliament, take strict order, by Proclamation, or otherwise, to restrain the melting down of the currant coines of this Nation, for the making of these Manufactures, or any other manufacture whatsoever. We have had presented unto us four Proclamations, two of them in the time of the late King
James
his Reign, and the other two in the time of the late King
Charles
: which Proclamations we have perused, and do find in all of them, that the melting down of any of the currant Coines of this Nation is forbidden, upon strict penalties to be laid, and inflicted upon the offenders.
2. It is also our opinion, that it would be good and benificial to this Commonwealth, if his and the Parliament would be pleased to take order to prevent the daily abuses practised by Artists, in the making of these manufactures aforesaid; And for the discovering of these frauds for the time to come; And for that end and purpose to appoint a sworn Surveyor, with a Seal, for the sealing of all gold and silver thred, and copper thred, and to appoint punchion irons to be made, to mark all gold and silver wyer, that shall be imployed or spent in any the said manufactures: And the Surveyor, Assayer, or Sealer, to put in good security to his in the Exchequer, in the sum of 1500
l.
to warrant all the manufactures sealed, surveyed, and marked, to be good silver and gold, according to the standard, and well and duely made; the silver and gold thred to contain five ounces
Troy
to a pound weight
Venice
, which is Eight Ounces
Troy
, and one fifth part: And that no gold or silver wyer or thread, shall be hereafter made and sold, under sterling, or before the said gold and silver thread, or wyer, be viewed, and sealed, or stamped, upon pain of forfeiture of the same to his : And that strict order and command be given, that no person, or persons, do counterfeit the aforesaid Seal, or stamps which are to be appointed by his or the Parliament. The late King, to prevent the aforesaid abuses, in the eleventh year of his reign, by Proclamation appointed the Rose crowned, to be the seal, for sealing this manufacture of gold and silver thred; and for the copper gilt, and silvered thred, the seal appointed was the Lion crowned.
3. We offer it as our opinion, that all gold and silver thread, which shall be hereafter made, shall hold a due proportion of silver to silk:
viz.
no gold or silver thread be for the time to come made, under five ounces
Troy
, of
sterling
silver, to a pound weight
Venice
, upon pain of forfeiture of all the aforesaid manufactures, which shall not be wrought according to the aforesaid rule. But every work-master, and other persons whomsoever, are allowed to put in as much more silver as he or they please. And this rule being duely observed, will prevent all slight making of gold and silver thread: which will save the State in the Bullion of this Nation, many thousand pounds a year, which is now brushed and blown away, and comes to nothing.
4. We offer it, as our opinion, that the Office of Surveyor, Sealer, or Assayer, may be in one person, to be responsable to the Commonwealth, for all abuses in sealing sleight and adulterate silver thread, or marking course silver Wyer, under Sterling; to avoid putting and posting off one from another, the abuses, when they are found, either of course silver wyer, or of course gold or silver thread, made under Sterling, or not justly made, with five ounces of silver,
Troy
weight, to a pound
Venice
; That so the office being in one person, all persons wronged may know certainly where, and to whom they may come for their remedy, for all silver thread that is sealed, or silver wyer marked or stamped in the office, & which shall be found course and adulterate, or under Sterling, the officer to be bound to make it good, and pay the damage.
5. That the Sealers or Surveyers, shall cause all the silver imployed for these manufactures, to be duely assayed in the Barr, or Ingot, or in the hanck of wyer; and that true Registers and Entries be kept of the same, both of the quantity, and finenesse of every bar of silver, or hanck of Wyer disgrossed for these manufactures. And that the State may have a just account what silver is spent in this manufacture yearly: to that end, all Barrs and Disgrossing Irons, be brought to one place: as the late King by his Proclamation settled this manufacture, in the eleventh year of his reign.
6. That all gold and silver thread shall be made up in skeynes, and not on quills, according to the rules in the late Kings time; as appeares by the Proclamation in the eleventh year of the late King
Charles
. And that at one end of the skeyne there be put the workmans mark, and at the other,
the
Surveyors mark, or seal, to testifie the goodnesse thereof. And that all Master-workmen bring in their names, and their abiding places, and work-houses, and their seals, or marks, to be hung up openly in the office, as was formerly done in 1635. in the Office in
Little Brittain
, upon the penalty and pain of 200l.
And that the Surveyor and his deputies, may be impowered to make searches so often as he shall find occasion, to see all the workers of these manufactures, make good, and warrantable gold and silver thread and wyer, for all the said manufactures; and to seize all course and adulterate and slight manufactures aforesaid, for the use of his , where they shall be found false, or adulterate, or not a due proportion of silver to silk; or any person, or persons working these manufactures, whose name is not registred in the Office. We leave it to his and the Parliament, to set down what proportion of the seizures shall go to them that discovers the same offenders, for their encouragement.
7. Whereas upon hearing all parties concerned in the making of gold and silver thread, and upon due consideration of the same, finding that the use of the Wheeles in making the said Manufacture of gold and silver thread, is of great prejudice to the Commonwealth, in the making of slight, false, and counterfeit ware; and to the utter undoing of many thousands of poor Hand-spinners, who make the said Manufacture with the Chair and Spindle: It is therefore the opinion of the said Committee, that the making of the said Manufacture by the Wheeles, be totally supprest.
8. Forasmuch as this Committee are satisfied, that a great number of servant Maids leave their services, and betake themselves to the Trade of silver-spinning, lying in private chambers; not only to the impoverishing of themselves, but also of those who have been long exercised, and brought up in the said Trade, to the utter ruine of the poor people who have served apprentiships to this Trade, and their families: It is therefore offered as the opinion of this Committee, that from henceforth no person, or persons, either men or women, exercise the Trade of making this manufacture, but such who shall have served the terme of seaven yeares apprentiship to the said Trade, or have been exercised in the same for the terme of seaven yeares last past.
9. We offer, that no gold or silver lace, or other the manufactures aforesaid, be made up, or mingled with any Copper gold or silver thread, wyer, or plate, under the penalty of one hundred pounds, And that no person using, or making any copper gold, or copper silver wyer, plate, thread, spangles, oaes, or any other the manufactures aforementioned, shall at the same time, make, utter, or sell any right gold and silver, under the penalty of one hundred pounds. And we do likewise think it necessary, that all copper wyer being silvered, or gilt, be disgrossed all at one place: and the copper thread to be sealed with a seal to be appointed by his and the Parliament; and the Surveyer of the silver thread to be keeper of the seal for the copper; as was formerly done by the Regulation in the 11th. of King
Charles
.
10. We offer it as the opinion of this Committee, That whereas the Refiners and Wyer-drawers have desired a Corporation, to regulate their their Trade, and the numbers, and that interlopers, and such as have no right to the trade, may not pester their profession; these interlopers working unduely in corners:
I humbly beseech your Majestie to mark well this 10. head.
We conceive a Corporation granted to them, with several restrictions, for the just, and due Regulation, may be very serviceable to the Commonwealth: and some of these Restrictions we here set down, the rest we leave to be added. 1. That this Trade never get a licence to cull, or melt the coynes of the Nation, for making their manufacture. 2. That they may not work any silver under the Standard. 3. That they may not work gold or silver thread with lesse silver then five ounces
Troy
weight, to a pound
Venice
; for the thin plate of silver to a great body of silk, being laid on a garment, the silver is brushed, and rubbed away, and there remaines very little silver to the meltingpot: and by this fraudulent practice, an incredible sum of silver is wasted yearly, as hath been affirmed to us by Artists, above thirty thousand pounds a year, which by this Regulation, of putting five ounces
Troy
of silver, to a pound
Venice
, will be saved in the stock of the Nation: and the lace will last four times as long, and the silver will return all to the melting-pot. It is our opinions, that his have yearly the weight and true value, and finenesse of the Standard of all gold and silver daily imployed, or spent in this manufacture, as they register in the mint and
Goldsmiths
-Hall, the true weight of the plate and moneys; and this Register shall be kept and delivered in yearly, by the Sealer and Assayer of this manufacture upon oath. And we offer it as our opinions, That if the State will have any good to come of this Regulation, and to be justly and faithfully served; then the place of Surveyer, or Sealer and Assayer, must never be put into the hands of any person that is a trader in these manufactures; but such a one as hath skill, and is no trader in these manufactures, for if he once be a trader, during the time he is Surveyer and Sealer; he will be his own carver, and then he will have a great temptation to be corrupt.
11. We find, upon several dayes examination of this business, concerning the Regulation of these Manufactures, Mr.
Thomas Violet
, who is under sequestration, who formerly was Surveyer and Sealer in the late Kings time, and hath prosecuted this business for many yeares, to have a due Regulation of these manufactures, to be a person very active, and knowing in every part of the mystery of these manufactures. He hath presented unto us by proof, attested under several mens hands, the general abuse that was in
London
, in the deceitful making these manufactures, and selling them for good silver, when they were all course and adulterate; which caused the late King and his Council in 1635 to settle that Regulation.
And we are all of opinion, that there is an absolute necessity, for the service and advantage of the Commonwealth, to prevent the frauds daily practised in the making these Manufactures, that such an office and Officer, for the sealing, marking, surveying, and assaying all the aforesaid Manufactures, be appointed, and settled for the time to come: and the said Officer to warrant these manufactures to the wearers, and Nation in general: and to put in good security in the Exchequer for doing the same, in the summe of fifteen hundred pounds, to have this course taken. We hold it very fit and necessary, for the prevention of all the aforesaid abuses, now put on this Commonwealth. And the undertaker ought to have all encouragement in this businesse, being a considerable service done to the Nation; most especially to such as wear gold and silver lace, All which we submit.
16.
June
, 1667.
This is a true Copy of the several Votes of the
SubCommittee,
to whom the Petition of Mr.
Thomas Violet
was referred. Which votes were signed by Mr.
Dunce,
Mr.
Moody,
and Mr.
Clark.
John Martin
Clark to the Committe for Trade.
To the Right Honourable, the
Parliament
of
England, &c. The humble Petition of
Thomas Violet.
Humbly Sheweth
,
THat your Petitioner represented the 1.
April
1659. unto the Parliament then sitting, that daily great quantities of heavy currant Silver Coines of this Nation, were melted down for the making Gold and Silver Wyer, Lace, Thread, Ribbons, Spangles,
&c.
to the great wast of the stock of the Nation; by which evil practises many mischiefs, cheats, and damages are intruded upon this Common-wealth, which ought strictly to be prevented, and most especially in this conjuncture of time, having wars with
Spain
, and the springs of Silver which used to flow in to us by Trade, now stopped.
That great quantities of Gold and Silver Thread, and Lace, is slightly, and unduely wrought, to the great deceit of those that weare the same, as your Petitioner hath proved in many particulars to the late Committee of Parliament for Trade, to whom that businesse was referred.
And they upon many daies Examination, and full hearing of all parties, as by their Certificate of the Committee of Trade hereunto annexed, may more fully appear; have certified the daily great abuses by the false, and deceitful making Gold and Silver Thread and Wyer, the wearers being daily cozened, both in putting into their Silver Thread a slight proportion of Silver to silk, whereas they should make good silver Thread to containe six ounces fine silver, and two ounces of silk to one pound Venice of Silver Thread, and five ounces fine silver, and three ounces of silk to the slightest Silver Thread, that ought to be made.
Now great quantities of Gold and Silver Thread and Lace, is dayly sould, which containes five ounces Silk, to three ounces Silver, and four ounces Silver to four ounces silk; and many times this Silver Lace is not onely slightly and deceitfully made with a lesse proportion of silver to silk, then it ought to be, but also is made under sterling silver, being mixed with Copper, and the silk false and deceitfully dyed, which makes the Lace turne black and tarnish, and spoiles the Garment of all persons that weare the same, assoon as any wet or aire comes to the Lace.
Your Petitioner (the last Parliament in
June, anno
1657. produced Mr.
Alexander Jackson
, the sworne Assay- Master of Goldsmiths Hall, before the Committee for Trade, who being examined, confessed that at one time, in the compasse of a few weeks, he made Assay of above one hundred several parcels of Gold and Silver Lace, Thread, Spangles, Wyer, which was bought up in several Shops in
London
, and brought to him by your Petitioner and others; all which silver Manufactures was sould for good Silver, and upon the Assaies every several parsel was found course and adultrate, under the Standard, as is attested under the hand of Mr.
Alexander Jackson
sworne Assay-Master for the Company of Goldsmiths, which Certificate your Petitioner hath ready to be produced for your Honours view.
It is certified by the Committee of Trade 16.
June
1657. that they find it affirmed to them by several Artists, that by the slight making of Gold and Silver Thread and Lace, there is above thirty thousand pounds a year wasted and spent in this Nation, which by a due regulation of enjoyning all persons to put at least five
ounces
fine silver to the pound Venice, this Treasure would all be saved in the stock of this Nation, and the Lace will last four times as long, as it now doth, and not turne black, and the silver return all to the melting Pot; for great quantities of Silver Lace that is now sould, the buyers are cozened both in the finenesse of the silver, being mixed with Copper under Sterling, or paying for silver when they buy silk heavy dyed, having many times a third part silk, more then ought to be put into the silver Thread, were it duely made, according to the former Rules 1635. to 1641. The late Sub-Committee for Trade, made so large a progress into this businesse, finding it to be of great concernment, spent many daies to finish their Report, and have certified the several frauds practised in the making all these Manufactures of Gold and Silver Wyer, Thread
&c.
And have set down Waies and Rules for the preventing the like abuses for the future.
Your Petitioners most humble prayer is, that this High Court would be pleased to finish so good a work, and perfect the Regulation of this Manufacture for the future, and that a Law be made, that none of the currant silver Coines be hereafter melted for the making any of these Manufactures: that no Gold or Silver in Wyer or Lace, be put to saile under Sterling: that no Gold or Silver Thread, hold or containe lesse silver then five ounces silver to be at the least Sterling, upon severe penalties, besides the defaceing of the Materials.
And that your Petitioner be commanded by the Parliament, to see to the due Execution, and to receive such fees and allowances, as he is authorized to take by his Patent under the great Seale of
England
.
And your Petitioner shall pray,
&c.
This pretended Parliament referred this Petition to a Committee, and shortly after were forced, and dissolved by the Army. The Rump Parliament succeeded them, and promised to reforme these abuses, but did nothing but promise and delay. His
Majesty
returning for
England
, upon whose blessed arival, your Petitioner made this following Petition, and had this gracious Reference to the Right Honourable the Lords Commissioners of the Treasury: The original Petition is in the custody of Sir
Philip Warwick
, and followes,
viz.
TO THE KINGS Most Excellent MAJESTY, The humble Petition of
Thomas Violet
, of
London
, Goldsmith,
Humbly sheweth
,
THat your Petitioner being commanded by your Majesties Royal Father, in 1643. to bring up his gracious letter to his City of
London
, directed to the Lord Mayor, Aldermen, and all other his well affected Subjects of that City, which letter your Petitioner did bring up to
London
, and was for so doing, committed to the Tower, by order of Parliament, where he remained four yeares, and for 92 dayes of that time, kept close prisoner in a dismal place, little better than a Dungeon: in which time of confinement, your Petitioner expended above 700
l
and the Parliament sequestred your Petitioner of all his estate they could finger, to the value of 11000
l.
and being taken out of all his imployment, to his damage of above 20000
l.
and could never obtain any part of his estate, to his total ruine, without your Majesty in your mercy relieve him. Your Petitioner prostrate at your Majesties feet, presents to your Majestie, the great severity of your Petitioners sufferings, there never being the like sad president in the Nation, during all these distracted times, that a man for bringing up a letter of peace from his late Majesty of glorious memory, should be ruined for obeying his Majesties commands; the only cause of your Petitioners sequestration and ruine being for so doing.
That upon complaint made by several persons, that great quantities of the currant heavy silver coynes and plate in this Nation is daily melted, and wasted, for the making of the manufacture of gold and silver thread, wyer, and lace, to the great waste and destruction of the stock of heavy
English
money, and great quantities of gold and silver transported without licence.
To prevent these abuses, your Majesties Royal Father, by the advice of his Privy Counsel, did grant unto your Petitioner for three lives, and the longest liver of them, the 7th. day of
September
, in the 14th. year of his late Majesties reign, a Patent under the great Seal of
England
, for the regulating the aforesaid abuses; and granted to them, and the longer liver of them, a Seal, being the Rose and Crown, with a prohibition to all persons, not to presume to counterfeit the same: Which Seal was for the sealing of all gold and silver thread, which they found upon Assay, Survey or Tryal, to be made of good silver, with a due proportion of silver to silk. And your Petitioners had by Patent for two lives, four pence the pound weight
Venice
, for warranting all the aforesaid gold and silver thread to be good silver, at least Sterling, according to the Standard of this Nation. And thereupon being made up in skeynes, we were to put the aforesaid seal upon it: and by their aforesaid grant, we were upon the drawing and disgrossing of all gold and silver wyer, for the making of spangles, oaes, purle, or gold and silver thread; upon the assaying of the said wyer at the bar, we were to register the weight and finenesse: and thereupon your Petitioner to receive one half penny an Ounce for all wyer employed in any the aforesaid Manufactures; and your Petitioner was impowered to receive all duties imposed, laid, or to be laid upon any the said manufactures. Upon consideration of the said Fees, your Petitioner is bound in the Exchequer with good security in 1500
l.
that all silver assayed, sealed, marked, or surveyed, as aforesaid, was to be fine silver, at the least as good as sterling: Whereas many yeares your Petitioner regulated this manufacture, and caused the same to be as exactly made, as the coyne, or plate of this Nation, till these sad troubles, when the Parliament sequestred your Petitioner.
Your Petitioners humble prayer is, That your Majesty would be pleased to
recommend
to the Parliament, or to your Majesties Commissioners of your Treasury, the restraining of the melting of the currant silver coynes of this Nation, for the making of any the aforesaid manufactures, and against transporting gold and silver, and for the due paying of the duties and fees, according to the
aforesaid
Letters Patents: Which will prevent the abuses daily practised and committed: and these manufactures shall by your Petitioner for the future, be warranted to be good to the wearers, or to pay all dammages to the parties grieved, according as your Petitioner covenanted in the said Letters Patents. And in regard of your Petitioners great sufferings and losses, for doing your Royal Majesties Fathers service, as aforesaid; That your Majesty
gratiously pleased, by patent, to make your Petitioner one of your Majesties Auditors for the impresse, with the same fees as Auditor
Beale
and Auditor
Bingly
formerly received: or one of the Tellers of your Majesties Exchequer, with the usual fees: or that your Majesty would be gratiously pleased to appoint your Petitioner some Office in the Custome-house, or Excise; your Petitioner (by the blessing of God) and his own industry and experience, will improve your Majesties revenue in the said Offices.
And as in duty bound, your Petitioner shall pray for your Majesties long health and happinesse.
At the Court at
White-Hall
, 27.
June
1660.
HIs Majesty being very sensible of the Petitioners Loyalty, and sufferings, is Gratiously pleased to refer the Consideration and Examination of the Assertions in this Petition, to the Lords Commissioners of his Majesties Treasury, who are accordingly to inform and certifie his Majesty what their Lordships conceive fit for his Majesty to do for relief of the Petitioner, as is desired: and then his Majesty will Declare his further Pleasure concerning the Petitioners humble request.
ROB. MASON
.
This Original Petition and Reference is in the Hands of Sir
Phil. Warwick.
TO THE Right Honourable the Lord High Chancellour of
England
, the Lord High Treasurer of
England
, the Lord Privy Seal; the Lord
Ashley
Chancellour of the Exchecquer being all of the Committee for removing the obstructions of the Mint.
The humble Petition of
Thomas Violet
Goldsmith
,
May it please your Lordships
,
WHen I first left this aforesaid Petition with Sir
Philip Warwick
, I was commanded by some of your Lordships, to bring into the Lords of the Council a draught of a Proclamation against transporting of Gold and Silver, which I did, which begat a dispute at the Council of Trade, and a Certificate from them, for the Merchants to have free liberty to Export Gold and Silver without Licence, to have a free Market.
Whereupon I thought my self bound by my Allegiance, considering how much it did import the honour, safety, and welfare of his Majesty, and the Lords of His Privy Council, who by the Law can only grant to the Merchants upon their Petition and just Reasons shown, leave to transport Gold and Silver out of the Kingdome; and I know the mischiefs which might come to the Kingdome, if this great trust were left to the Merchants.
I did humbly (according to my best abilities) state the Kings right, and His Privy Councils by the Law, to have the only liberty to dispence with the Statutes against transporting Gold and Silver; which Reasons was opposed by some Honourable Gentlemen of the Council of Trade, before his Majesty and His Privy Council.
Sir
George Downing
and others, humbly pressing Arguments for to have that Royal Flower of the Crown, and to leave it free to the Merchants and others, to transport Gold and Silver.
Your Petitioner being commanded by his Majesty to give Sir
George Downing
an answer, I was necessitated to make a further Reply; and his Majesty was graciously pleased not to part with so great a power and trust to any other, then as the Law had invested it, his Majesty and His Privy Council being soly the Judges to restrain, or licence the transporting Gold and Silver, according as they in their wisdoms thought fit.
And since in the persuance of removing some obstructions in the Mint, his Majesty hath set forth three Proclamations, one against transporting Gold or Silver without leave from his Majesty; the other setling the Rule of the currant Gold Coine of this Kingdome; and the third decrying down after a certain Day, all Gold and Silver Coines that have been made in
England
since 1640. by any authority whomsoever, without his Majesties, and His Royal Fathers Warrant and Proclamation to make them currant.
I ever held it my duty to do the Kings Majesties business first, and when that was done, humbly to present that which hath relation to my particular interest; & having obeyed some of your Lordships commands to give the Merchants a reason, why His Majesty could not trust them with the power to transport mony, but with the inconvenience of the whole Kingdom in general. Having done the Kings business, I now humbly come to your Honours to have the Execution of this aforesaid office, to Regulate Gold and Silver thread which I have granted unto me under the great Seal of
England
for two lives.
May it please your Lordships, your Petitioner being intrusted with the Officers of his Majesties Mint, and commanded by some of your Lordships to draw the draft of the Proclamation the 10. of
June
in the thirtenth year of his Majesties Reign: He intreated the Officers of the Mint to speak with Mr. Attorney General, concerning the great abuses committed by the Corporation of Wiredrawers, in the adultrate, false, and slight making of Gold and Silver Lace. And so insert it into the Proclamation, that the Kings Majesty, with the advice of his Privy Council, would take speady Order therein. The words are,
Viz.
That whereas there is daily a great consumption of the heavy currant Silver Coines of the Kingdome and Bullion, in the unlawful making Gold and Silver Wyer, Thread, Spangles, Ooes, Purles, and Lace of course Silver under Sterling; His Majesty doth intend in due time, to take such strict course, as shall reduce the makers of these Manufactures into such Order, that all the abuses formerly put on the Subjects, shall for the future be prevented, and these Manufactures of Gold and Silver
duly
regulated and assayed, according to the Lawes of the Kingdome.
May it please your Lordships, This Clause in his Majesties Proclamation, gave the Alaram to some persons that are Wiredrawers, to ingage some worthy Gentlemen to be instrumental to procure the Wiredrawers a Corporation from his sacred Majesty: and a draught of the Corporation being presented to the Wiredrawers by some persons, who do undertake to use their endeavours for to obtain a Corporation for them, the model presented was not liked by the Gold Wiredrawers: Therefore the Gentleman desires the Gold Wiredrawers, that they would alter the model of their Charter of Corporation as they pleased; and he would endeavour to get from his Majesty the Corporation according as the Wiredrawers would have it; for which the Gentleman covenants with the Wiredrawers to have from them one half penny the ounce for all Silver Wire imployed to make Lace or Thread,
&c.
,
May it please your Lordships, this Gentleman that would be tampering to get a Corporation for the Gold Wiredrawers of
London
, doth not know the former passages and proceedings in Parliament touching this very Trade, and the Workers, being Gold Wiredrawers.
About the year 1618. one Sir
John Michael
, and Sir
Giles Monpersons
together with the then Attorney General, which I take it to be Attorney General
Elverton
, combined together, and for a some of money, procured the Gold Wiredrawers a Corporation by sinester information to King
James
, which Corporation was complained of the next Parliament as a great abuse, and cozenage of these Wiredrawers of the Kingdome, openly shown to the Prince, and Lords, in the House of Lords, and by Act of Parliament their Corporation was damned, Sir
Giles Monpersons
, Sir
John Michael
being sentenced by Parliament for this Corporation, the Attorney General hardly escaped: I humbly referre my self to the Records of Parliament; which may be a warning for any, to have a care what they do, in going about to get these Wiredrawers a Corporation, let them remember Sir
Giles Monpersons
.
May it please your Lordships, your humble Petitioner hath his Majesties Royal Fathers Grant under the great Seal of
England
, Dated the 7. of
Sept.
in the fourtenth year of his Majesties Royal Father Reign, for two lives yet in being, his own life, and another, and the longer liver to warrant all these Manufactures to the wearers, and to receive one half penny the ounce upon all Wire Assayed or Sealed; and four pence the pound Venice for Gold or Silver Thread for sealing it, and warranting it to the wearers to be good, with a due proportion of Silver to Silk; which his Majesties Royal Father gave to your Petitioner for two thousand pounds his Majesty owed your Petitioner, for all his service and charges in spending above two thousand pounds to cause the transporters of Gold and Silver to be fined in the Star Chamber, and sentenced by the Lords, such Persons and such Fines set upon them as followeth, 13.
Caroli.
in the
Star-Chamber. viz
,
Charles Frank
4000£
Robert Ellis
4000£
Isaac Romeere
3000£
Jacob Delew
1000£
Roger Fletcher
1000£
Rich. Cockrem
1000£
John Parrat
2000£
Peter Herne
2000£
John Terry
2000£
Timothy Eman
2000£
Isaac Brames
1000£
Henry Futter
500£
Henry Sweeting
500£
John Perrin
100£
The totall of the said Fines amount to the summe of 24100£.
At this day there wants a high Court of Star Chamber, to punish the transporters of Gold and Silver, and some Goldsmiths that furnish them with gold. This sentence did this good in the City of
London
, that for seven years after, from 1635, to 1642. that the Merchants were affraid to transport Gold or Silver; and the Mint constantly was kept on work, till these late troubles that overturned all things.
I shall humbly desire that your Lordship would be pleased to take notice, that though his Majesty by his Proclamation hath called upon Gold, a twenty shilling piece to go for 2 l shillings 4 pence, and so ratably: yet some goldsmiths do take the bouldness to give 21 shillings 8 pence, 21 shill. 9 pence, and 21 shillings 10 pence. And this Gold is bought up by the Sectaries, either to transport, or else to hoard up for some bad design: His Majestie and your Lordships had need to be vigilent over these Fanaticks, they are daily working & hatching, God grant this;
Cockatrise
be watched.
Your Petitioners humble prayer is, that by your Lordships Justice for his Majesties service, this Manufacture be put under some strict Rule and Order, and that nothing may passe under your Lordships hands that may prejudice your Petitioners Grant which he hath under the great Seal of
England
, for the regulateing the said Manufacture.
1. I have humbly to recommend to your Honours great wisdom, the due consideration of these several following Heads, and humbly leave them at your Honours feet; and though they may not please the Wiredrawers, yet I am sure they be for his Majesties service. It is true, there is twenty thousand souls in
London
, live, and have dependance on this Manufacture, and that made King
James
and King
Charles
suffer this Manufacture to be made here.
2. My good Lords, it is worthy of consideration, the great damage his Majesty sustains in the losse of his Customer, the losse and prejudice of his Majesties Mint, by suffering the Silver after it is imported into this Kingdome, to be made into Silver Lace,
&c.
to be diverted from Coyn, which would pay a duty of coynage, and augment the stock of the Kingdome, which is now converted into this Manufacture: the valew imployed in Gold and Silver yearly, is about one hundred thousand pounds a year in Gold and Silver Lace, Wire,
&c.
which was it converted into Coine every year, and so passed between men, would drive a million for commodities a year in Trade, to the great improvement of the Kingdome by Commerce and Trade.
3. That upon calculation it will be found, the King in point of Customes and other Profits, loses above ten thousand pounds a year, by suffering this Manufacture to be made in
England
, as will appear upon calculation of his Majesties Book of Rates of his Customes.
4. That at this day there is no Excise laid on this Commodity, which under favour, humbly submitting to your great wisdomes, is a Commodity may bear an Excise as well, and better, than almost any thing in the Kingdome: gold and silver Lace is a superfluity, and it is the wearers payes the Excise, not the Silkmen, Wiredrawers, or other Tradesmen: this Trade his Majesty doth allow in favour of the poor women Spinners, and other poor people, that are above twenty thousand souls, who only have their livelyhood from this Manufacture, or else for the reasons aforesaid, it would not be allowed to be wrought in
England
.
5. Therefore my humble Petition to your Lordships is, in regard your Lordships are of the Committee for the removing the obstructions of the Mint, that your Lordships settle such an Excise on this Manufacture, at the least two pence the Ounce, being so much as his Majesty loseth in the coynage of the same, to be approved and confirmed by the Parliament, for and towards his Majesties losse in His Customes, and in his Coynage, by suffering this Manufacture to be wrought in
England
.
6. That your Lordship would Order for the future, that no inferiour persons, as Servants, Maids, and other mechanick People, shall weare gold or silver Lace, it being an abuse to persons of honour, men and women, to have mechanick People and Servants to weare Gold and Silver Lace.
7.
T
hat your Lordships would be pleased, for the service of his Majesty, and good of all the wearers of gold and silver Lace, which are the Nobility and Gentry of the Kingdome, to require the Company of Goldsmiths to consider of such waies and means as they can adde, or alter, either out of the former Regulation setled by his Majesty 1635. or out of their own knowledg and experience by any other Way or Rules, and to use all speed they can therein.
8. The Company of Goldsmiths have declared to me before a Court of Assistants, that they know there is many abuses in this
T
rade, and if they be required from his Majesty, or your Lordships of the Privy Council, they would be very ready and willing, humbly to consider of such Waies for the prevention of these abuses for the future: and upon your Lordships approbation
or
alteration of what they shall propound, that those Orders and Rules agreed upon by your Honours for the
R
egulating of this Trade, may be recommended by his Maiesty to be confirmed by Parliament, and this will be a certain way to prevent these abuses for the
future
, when the restraints and punishments shall be setled by Act of Parliament,
And so as in duty bound, your Petitioner shall daily pray.
THat after ages, and all true Englishmen may see the cruel oppression I sufferd under, for being faithful to his sacred Majesty King
Charles
the first, for bringing up to
London
from
Oxford
to the Lord Mayor and Aldermen of the City of
London
, by his Majesties especial command to me, 1643. this his Majesties letter: which was, as followeth,
To our Trusty and welbeloved, Our Lord Mayor and Aldermen of Our City of
London
, and all other our well affected Subjects of that
City
C.R.
TRusty and welbeloved, We great you well. When we remember the many acts of grace and favour We and Our Royal Predecessours have conferred upon that our City of
London,
and the many Examples of eminent dutie and loyalty, for which that City hath been likewise famous, We are willing to believe, notwithstanding the great defection We have found in that place, that all men are not so far degenerated from their affection to us and to the peace of the Kingdome, as to desire a continuance of the miseries they now feel; and therefore being informed, that there is a desire in some principal persons of that City to present a Petition to us, which may tend to the procuring a good understanding between Us and that Our City, whereby the peace of the whole Kingdome may be procured: We have thought fit to let you know, That We are ready to receive any such Petition, and the persons who shall be appointed to present the same to Us, shall have a safe conduct; and you shall assure all Our good Subjects of that Our City, whose hearts are touched with any sense of duty to Us, or of Love to the Religion and Lawes established, in the quiet and peaceable Fruition whereof they and their Ancestors have enjoyed so great Happinesse, That We have neither passed any Act, nor made any Profession or Protestation for the maintenance and Defence of the true protestant Religion, and the liberties of the Subject, which We will not most strictly and Religiously observe; and for the
which
we will not be alwaies ready to give them any security can be desired. And of these Our Gracious Letters We expect a speedy Answer from you. And so We bid you farewell.
Given at our Court at Oxford, in the 19. year of Our Reign. 26.
De.
1643.
By his Majesties Command. George Digbie.
POSTSCRIPT
LEt any true English man consider of this his Majesties gracious Letter, and then remember the bloudy Tragedies that followed, for the sins of the Kingdome; and every honest man will say, the swaying party in that Parliament in
Jan.
1643. were great Tyrants and Oppressers, or else they would never have kept me in a Dungeon, in the Tower, 928 dayes, and plundered and robbed me, to the value of eleven thousand pound, for bringing up this Letter from the Kings Majesty from
Oxford
, to the Lord Mayor and Aldermen of the City of
London
: but he is well kept, that God keeps. So I have ever just cause to say: and praise God for my miraculous deliverance from those bloudy men.
Thomas Violet
.
FINIS
AN Exact Account OF THE TRIALS Of the several Persons ARRAIGNED At the
Sessions-house
in the
Old-Bailey
For
LONDON & MIDDLESEX
. Beginning on
Wednesday, Decemb.
11. 1678. and ending the 12th of the same Month.
Licensed,
Decemb.
18th. 1678.
Roger L'Estrange
.
LONDON
, Printed by
G. Hills
, and are to be sold by
L. Curtiss
in
Goat-Court
upon
Ludgate-hill
. 1678.
At the General Sessions of the Peace, Sessions of
Oyer
and
Terminer,
and GaolDelivery of
Nevvgate,
holden for the City of
London
and County of
Middlesex, Decemb. 11
th.
Anno Regni
Caroli Secundi
Regis 30. Annoque Dom.
1678.
THe Lord Mayor and three other Justices being sate, two Commissions were read, one of
Oyer and Terminer
, and the other of Gaoldelivery of
Newgate
; and after that the usual Proclamation for the attendance of those who had any thing to do there was made:
The Jurors for
London
, that had been Impannell'd and Summon'd, were called to appear, and the Defaulters Recorded; and the like for the County of
Middlesex
.
The Clerk Arraigned some of the Prisoners on
London
-side, whose Names and Offences were as followeth.
ARRAIGNMENTS
.
1.
Susan Banster, alias Green
, Indicted for stealing of Goods to the value of 13
l.
To the Indictment she pleaded Guilty. She was one that had been Convicted before of Felony, and was to be Transported; but as she was going, committed this Theft.
2.
Stephen Arrowsmith
Indicted, for that he, the 7
th.
of
July
last, did ravish and abuse one
Elizabeth Hopkins
, an Infant, of the age of eight years, against the form of the Statute in that case. To the Indictment he pleaded Not Guilty, and put himself on the Countrey.
3.
John Baltee
Indicted, for that he, the 3.
Decem.
1678. at the Parish of St.
Bennet Fink
, did steal a Silver Tankard of the value of 5
l.
from one
Thomas Browning
. He pleaded Not Guilty, and put himself upon the Countrey.
4.
James Bateman
Indicted, for that he, the 25
th.
of
Novem.
1678. did steal a Silver Tankard of 5
l.
value, from one
Nicholas Jackson
. He pleaded Not Guilty, and put himself on the Countrey.
5.
Hanna Henman
Indicted, for that she, the 12
th. Novemb.
1678. at the Parish of St.
Edmund the King
in
Lumbard-street
, did steal from
Thomas Rutty
seventeen yards of
Venetian
Silk, of 7
l.
value. She pleaded Not Guilty, and put herself upon the Countrey.
6.
William Shakesby
Indicted, for that he, the 4
th.
of
Novemb.
1678. at the Parish of St.
Sepulchres
, did steal and drive away five Bullocks, colour black, of the value each of them 5
l.
and one Bullock colour Brindle, of 5
l.
value, of the Goods of
William
Lord
Petré
. He confess'd himself Guilty of that and all other Offences within the benefit of Clergy.
Then the Clerk for
Middlesex
Arraigned some of the Prisoners in that County,
viz.
1.
Samuel Thompson
Indicted, for that he the 4
th. Novemb.
1678. did steal a Silver Cup, of the value of 20
s
from
Thomas Halstead
. He pleaded Not Guilty, and put himself upon the Countrey.
2.
Mary Read
Indicted, for that she, the 22
Novemb.
1678. did steal a Gold Ring of the value of 7
s.
from
Stephen Higgins
. She pleaded Not Guilty, and put her self upon the Countrey.
3.
Margaret Wood, alias Alexander
, Indicted, for that she the 7
th. Octob.
1678. did steal from one
Robert Lambert
a Silver Cup, of the value of 9
s.
She pleaded Not Guilty, and put her self upon the Countrey.
4.
Mary Hipkins
and
Jane Baly
Indicted, for stealing some Linen of 30
s.
value, from
Thomas Burdekin
, 21
Nov.
1678. They both pleaded Not Guilty, and put themselves upon the Countrey.
5.
John Leak
of
White-chappel
Indicted, for that he the 16
th. Novemb.
1678. did steal two Pieces of Broad-cloth from one
William Mackham
, off the Tenters in
Goodmans Fields
, &c. He pleaded Not Guilty, and put himself upon the Countrey.
6.
Thomas Napton
of
Shoreditch
Indicted, for that he, the 3
d. Decemb.
1678. 40 yards of Broad-cloath, of the value of 16
s. per yard
, did steal from one
Ralph Walford
; and 20 yards more from one
Anthrobus
. To which he pleaded Not Guilty, and put himself upon the Countrey.
7.
Anne Moundsel
of
Holborn
Indicted, for that she the 4
th. Nov.
1678. a Stuff Gown and Peticoat, and some Linen of small value, did steal from
Mary Brasier
. To this she pleaded Not Guilty, and put her self upon the Countrey.
8.
Margaret Smith
Indicted, for that she, the 17
th. Octob.
1678. did steal six yards of Silk of a small value, two Silver Caudle Cups 3
l.
10
s.
one Silver Salt-cellar 30
s.
one Silver Porringer 10
s.
four Silver Spoons 1
l.
4
s.
a Livery Gown 3
l.
a Chamlet Cloak 30
s.
and 15
l.
in Money, from one
Messinger
. She pleaded Not Guilty, and put her self upon the Countrey.
9.
John Johnson
and
Thomas Johnson
Indicted, for taking away 950
l.
weight of Lead from off the Parish Church of
Stepney
, being thereto fastned. To this Trespass they pleaded Not Guilty, and put themselves upon the Countrey.
Then the Grand Jury for
London
, coming in to bring in their Bills, were sworn anew, to enquire upon the New Commissions. Which being done, the Clerk for
London
Arraigned another Prisoner,
viz.
10.
Joseph Brown
, for that he, the 16
th. Novem.
1678. at
AllHallows by the Wall
, 100 yards of black Worsted Crape, of the value of 8
l.
of the Goods of
Richard Croke
, did steal; which he confessed himself guilty of, and of all other offences within benefit of Clergy.
The Prisoners for
London
were called to the Bar to look to their Challenges, and the Petty-Jury were sworn, whose names follow:
Francis Kenton, James Lapley, William Howel, Samuel Williams, William Salter, Richard Ketch, Nicholas Ridley, William Standen, Ralph Cook, William Whitwell, Joash Pateman
, and
Anthony Foster
.
These 12 being numbred, Proclamation in the usual form was made for Information against the Prisoners at the Bar, and for Prosecution from those, who by Recognizance were obliged to it: And those who were Impannelled fo the Jury, but were not sworn, were dismissed.
Then the Jury were charged to enquire of
John Baltee
, upon the Indictment before mentioned, whether Guilty or Not Guilty of stealing the Tankard of
Thomas Browning
.
To prove the Charge, one
Elizabeth Web
gave this Evidence, That the Prisoner at the Bar brought the Tankard to her house, and told her, he would either Pawn it, or sell it: And being asked whose it was, he said, It was not his own, but a Gentlemans hard by, who had sent him with it to Pawn or Sell. She looking upon the Tankard, saw the Name of the Owner, and the Sign where he lived, engraven upon it, to whom she sent immediately to know whether he had given the Prisoner Order to Sell it or Pawn it: and kept the Prisoner till he came, which when he did, he owned the Tankard, but denied the Prisoner had it with his Consent, and so they carried him before the Justice.
Browning
the Owner of the Tankard deposed that he was a Cook, living behind the
Exchange
, that the Prisoner, the third of
December
last, came in there with some other Persons to drink, and stole the Tankard, and confessed the Matter before Sir
William Turner
.
Sir
William Turner's
Clerk witnessed his Confession before Sir
William
, and that he said, he was a poor fellow and in distress, and so took it to relieve his Wants.
The Prisoner being asked what he could now say to it, denied that he took it out of the house; but said that a Man, whose name he could not tell, gave it him to pawn: he confessed his being at that House that day; but was innocent of Stealing the Tankard. But not being able to prove his affirmation, it was left to the Jury to give what Credit they would to them.
The next that was tried, was
Hannah Henman
for stealing Silk from
Mr. Rutty
a Mercer in
Lumbard-Street
.
The Witnesses were Neighbours, who deposed that the Prisoner with another Woman, went into
Mr. Rutty's
Shop, and there snatch'd up the Silk and went away. They followed them, and laying hold on the Prisoner, the other slipt from them and ran for it; but they found the Silk about her; upon which they carried her before the Magistrate, who Comitted her. She being asked what defence she could make, said the other Woman told her she had bought it, and gave it her to carry away; but could not produce the Woman, nor would tell the Name. Whereupon the Judge directed the Jury to find it according to so plain an Evidence; but because the man had his Goods again, left the Value to their Consideration.
The Jury then without coming from the Bar, agreed of their Verdict, which they gave in thus.
That,
John Baltee
was guilty of the Felony he was indicted for, And
That
Hannah Henman
was guilty of the Felony she was indicted for; but they found the Value to be but 9
s.
After which they were discharged, and to appear at Three aclock in the afternoon, in their Gowns.
Then the Prisoners of
Middlesex
-side, were called to the Bar, and bid to make their Challenges if they pleased. The Jury then were Sworn, whose Names were,
John Cane, James Sutton, James Harper, William Rider, William Hardy, Charles Pickering, William Thomson, Thomas Phelps, Stephen Lawrence, Thomas Cox, George Calcott, and John Burt
.
Proclamation for Information, and Prosecution being made as before, they went on to the Trials of the Prisoners. And the first was
Samuel Thomson
, indicted for stealing a Silver Cup from
Halstead
, and
Thomas Halstead
the Owner of the Cup gave this Testimony against him.
That there came a Boy and the Prisoner together, and were walking up and down the Street, and he sent the Boy into the Shop where no body was; the Boy takes the Cup which was in the Shop, and coming to the Door gives it to the Prisoner. And one that was coming by, seeing the Boy give the Man something, Cri'd out, upon which the Master of the House came forth, and being told what was done, run after them and took the Prisoner with the Cup, but the Boy was lost in a Croud of Twenty Boys more. That the distance of the Place where he was taken, from the House whence the Cup was Stollen, was about twice the Length of the Court. That he did not carry the Cup openly, but hid it under his Coat.
To this, the Prisoner said, he was coming by there, and the Boy (whose name he could not tell, nor had he ever seen him before,) gave it him, saying he had taken it up by the Dust Cart, and that was all he could say for himself. Being asked what Profession he was of, he answered a Shoomaker. Upon which weak defence the Judge told the Jury, they were to consider of the Fact and the Value, the Party having his Cup again.
The next with whom the Jury was charged was
Mary Read
, for
Mr. Higgins's
Ring, against whom
Stephen Higgins
deposed thus.
That the Prisoner had been a Customer to the Shop for near a Twelve Month, and used to come with a high Crownd Hat covered with an Oyld Case like a Country Market Woman, and would ask for Rings of Just such a Value, and would have them no more nor no less. She said she lived at
Holloway
, and came almost every week to the Shop; but yet she never bought about two in all, she only would cheapen, and he lost a great many, which he believed she stole from him. The Saturday before this Ring was gone, she came to buy a hollow Ring, which she had, and paid for, all but nine pence, and then he lost a Ring. Upon Thursday following when she came, having a suspicion of her, he resolved to lay wait for her. She came and asked for a Ring of such a Value: He reach'd down a Box, in which there were Rings upon every Pin, and laid it before her, she pitch'd upon one, which being weigh'd, she said was too heavy. He, to give her an Opportunity, turn'd his Back, and she took hold on it, and put one into her Bosom. When he turn'd about he presently miss'd the Ring, and affirming the Box was full, tax'd her with it; but she denied it, and offer'd to be Searched. A Gentlewoman who was by, and had seen her put it in her Bosom, told her so, and she offering to undress her Self, they carried her into the Kitchin, and there opening her Bosom the Ring drop'd upon the Bricks in the Floor. And he said it was the Fifth Ring she had Stole from him.
The Woman testified her seeing the Prisoner put her hand to her Bosom, and that she heard it fall upon the Bricks, but did not see it fall. The Value of the Ring was Sworn to be Seven Shillings.
The Prisoner with a great deal of whining denied the thing, and that it was but a Trick of the Goldsmiths to make her pay for Rings he had lost. But the Court told the Jury, the Witnesses Othes were to outway her bare Allegations, and left the Matter to them, for the Value.
Then was tried
John Leake
, for the Cloth of
William Mackham
, stoln off the Tenters, against whom the Witnesses gave this Evidence.
Mackham
Swore that he lost two and Twenty Yards of Cloth off his Tenters, part of which was found in the hands of
Susan Reynolds
, who said she had it from the Prisoner
Leake
, and other parts of it were found at the Dyers. He knew it to be his Cloth, and it was of a Popinjay Green Colour.
Susan Reynolds
attested that he brought the Cloth to her, and desired her to lay it up for him till he called for it. That she knew him, because he had been with her Brother six or seven times at her house. That he told her he took up the Cloth to carry to Sea with him, and he found it in
Good-mans
Fields, he desired her to lay up part, which was found in her house, and to carry part of it for him to the Dyers.
The Prisoner, who was a Lusty Fellow and an able Seaman, said nothing; but that he found it, and being asked why he did not Cry it, he said he did not understand the way of it, but could give no Evidence that he found it. Therefore it was left to the Jury.
Thomas Napton
was the next Prisoner, who was indicted for stealing Cloth from
Walford
, and
Anthrobus
, against whom this was the proof.
Ralph Walford
testified that the Prisoner was a Polisher of Looking-Glasses, and wrought and lodged in a place adjoyning to the Room where their Cloth lay. One morning about five of the Clock he comes to
Walfords
house, and said that he had been Rob'd, that they had bound his feet with a Neckcloth, and his hands behind him with a Linen Stockin, and that after they were gone, he unloosed himself, and unbound his feet, and rising, look'd what Cloth was gone, and went to the other man
Anthrobus
, and brought him to see what was lost; and there were found missing 2 Cloths of
Walfords
worth 8
s.
odd Money, and a long Merchants Cloth of
Anthrobus
worth 9
s.
odd Money; that he let the Thieves in upon their knocking, thinking they had been the Persons belonging to the Warehouse; that he was not intrusted with the Custody of the Cloth, but permitting him to have a Key to it, and passage through it, they thought their Cloth securer for his lying there. That he would take a thousand Oaths, the Cloth was there that night. That he confessed he made no Outcry when he was before Sir
William Turner
.
Anthrobus
swore he made such a like story to him, and said it was his weakness that he did not cry out; that his Wife was gone out that morning by Three aclock to washing, as she was indeed, and that the Thieves came about Four, and he came to them about Five; That he said, he himself had lost nothing unless 3 or 4
s.
of his Wives, and his Kettle, which Kettle he had lent to his own Son in Law, 2 days before.
The Son in Law to
Walford
speaks to the same effect, that he said they nubled him about the Head, and bid him go to bed, you old Dog, and then bound him; that being told by
Walfords
wife, it was more like to be Evenings Work to take away the Cloth, than Mornings, he reply'd, for ought he knew it might be so, for he was out in the Evening, but when he came in, he did not miss any of the Cloth, because he knew not what was there. And afterwards said, he blest be God he got no hurt, but they did beat their Pistols about his head; and before had said, he was almost killed. And the same Evidence the Woman gave. And upon these Circumstances, they suspected the Prisoner.
He denied the Felony, and told the story in Court himself; and being asked whether they could not have found Rope, or any more likely thing to bind him with, than the Stockin and Neckcloth, he said there was Rope enough, but it was not in the Room he lay in, but in the Warehouse: he confessed he said it might be the Evenings work, because he had been forth, and did not see what the Thieves carried away. That it was his weakness he did not pursue them, and for fear he durst not (though he could have done it) unbind himself till they were gone. That he appealed to the very Prosecutors, he had behaved himself honestly, wrought hard for his living, and was never taxed with the wronging any man of the worth of a Farthing. Which was acknowledged by the Witnesses.
Hereupon the Court left it to the Jury, whether upon these Circumstances the Prisoner was guilty or not.
Jane Baley
and
Mary Hipkins
, were next tried for stealing linnen from Mr.
Burdekin
.
Mr.
Burdekin
swore that he lost the goods out of his house where his Family is constantly in
Seacoal-Lane
. That his Maid could tell how.
She deposed, That she went out of her Masters house to fetch home a Child from School, and by a hole broken in the Window laid the key there, after she had locked the door; and she supposeth the door was opened by some that took the key out of the window, for she found it open when she returned, and that it was about four or five in the evening: and her Mistris told her, the little Dog barking very much, made some that were above-stairs come down, who found the door open, but no body there; and about half an hour after they missed the things in the Indictment. That the reason of their accusing these Women was, because one of the Shirts was offered to be pawn'd by
Jane Baley
at
Cow-cross
; and she being examined, said, she bought it of
Mary Hipkins
; whom also they took upon suspicion, but she would confess nothing to them.
Jane Baley
the Prisoner said, That the other Prisoner
Hipkins
sold it her at a house called the
Two Brewers
, for 4
s.
and being afterwards in want of money, would have pawn'd it. She could not produce any person that see her buy it, but she brought one
Mary Burket
to testifie, that
Hipkins
had said to her in her hearing, If she did not like her bargain, she would give her the money again upon her complaint it was too dear. And upon other discourse,
Hipkins
also was heard by her to say, That had it not been for a whiffling little Cur, she would have done her work better than she did.
All which the other Prisoner
Hipkins
denied, but had not the good hap to bring Evidence to disprove it, but had offered the Prosecutor a Bond for Composition. Upon which the Court left them both to the Jury.
Anne Mounsdel
was the next, who was accused for stealing the Goods of
Mary Brasier
, and thus it was proved.
Mary Brasier
testified, That the Prisoner was by her permitted to lodge in her Room for 6
d.
a week; and one day pretending to send her out of a false Errand, with a feigned Letter into the
Strand
, to a person whom she could never find, and in the mean time robb'd her of a Gown and some Linen, and had got them quite away, if the Landlady of the house in which they both lodged had not stopp'd her, and taken her.
Eleanor Hasset
, the Landlady, related her part of the Story thus, That the Prisoner got her Daughter to write her a Letter, upon promise of a Reward: That the Child told her, She suspected the Prisoner was a Thief, and that she her self thought so too; and thereupon watched her, and saw her put on the Gown, after she had sent the Woman out, and was going away with the Linen in her Lap. She went after her, and fetch'd her back, though she ran from her twice, and had her before the Justice, who committed her.
The Prisoner denied the Letter, or that she sent her out on her Errand; and said, That the Woman had lent her the Gown, and the Linen she was to have mended. But against the Positive Oaths of two Witnesses, her bare word the Court thought not a sufficient Counter-proof; however they left it to the Jury.
The next was
Margaret Smith
, for robbing one
Messenger
of some Sarsnet, and Plate, and Goods, to a very great value, and Money.
Messenger
, the Party robbed, deposed, That she lodged in his house, and in the time of
Southwark-Fair
last desired him, and his Wife and Kinswoman, to go with her to the Fair, where she would make them merry, and left her Maid at home; who when they were all gone, got the Apprentice to go for a Peck of Oysters, and in the mean time stole away the other things, all but the Silk. When they came home again, she asked for her Maid; and being told she was not within, she cried out, I pray God I be not robbed; and so going to look, they found they were indeed robbed, and so she pretended she was too. The next morning she would have gone out, but the Kinswoman would not let her go alone, because she had some jealousie of her; and so went with her up and down where she pretended to go see for her Maid, and to see among the Brokers Shops for the Goods: At last, when she was in a House at
Houndsditch
, she slipt from her, and was not seen, till a Friend of hers coming to
Messengers
house, undertook to find her out, and met with her. She led them another dance, by pretending to go and receive money, which she would fain have been permitted to do alone; but the Kinswoman telling her, she would not leave her, she continued with them, and brought them to a Pewterers shop, where being sate down to drink, the young Woman pull'd off her shoe to ease her foot, and the Prisoner took advantage of it, and ran away; but being overtaken, was committed to Prison. And as to the Silk, she had it on now at her Trial, which was left at the time of the Robbery.
The Prisoner denied any hand in the Robbery, and said, that she run away, because being not very rich, she was afraid of a Prison, which they threatned her with. That for the Silk, she did think it had been a Piece she had sent by her Maid to be Died, but could not prove it; nay had, after she came from the Fair, acknowledged to the Kinswoman, it was none of hers, but the Maids.
The Court examined her about her Quality and Estate. She said, She had a Brother, a Gentleman in the Countrey, allowed her 20
l.
a year, with which, and working to the
Exchange
, making
Mounteer Caps
, she maintained her self. But the Court asking her about her acquaintance with one
John Spittle
, now in
Newgate
for Felony, she could give no good account of it, which rendred them suspicious of her. However, not finding any thing sufficient to prove her Guilty of the Robbery, except as Accessory, they so directed the Jury, and that as to the Silk, of which there was manifest proof, they should consider the value, being Dy'd Silk.
With the Charge of these Prisoners the Jury went out, and had an Officer sworn to keep them.
Then the Clerk for
London
Arraigned another Prisoner.
The Clerk for
Middlesex
Arraigned these following.
Edward Preston
of
Hamwel
Indicted, for that he, the 6
th.
of
Octob.
1678. did steal a Mare, colour black, of the price of 3
l.
from one
Edward Mullet
; to which he pleaded Not Guilty, and put himself upon the Countrey.
Anne Harris
Indicted, for that she, the 17
th. Septemb.
1678, did steal Goods of 10
s.
value from
John Jones
. She pleaded Not Guilty, and put herself upon the Countrey.
Richard Symel
and
Margaret Hutton
Indicted; he, for that, the 2
d.
of
August
1678. he did steal from
Elizabeth Horner
Goods to the value of 10
l.
and she as Accessory. Both pleaded Not Guilty, and put themselves upon the Countrey.
Then the
Middlesex
Jury return'd, and being agreed of their Verdict, the Fore-man gave it in thus:
That
Samuel Thompson
was guilty of the Felony, but the Goods were but to the value of 10
d.
That
Mary Read
was guilty, but the Goods were but of the value of 10
d.
That
John Leak
is guilty of stealing the Cloth off the Tenters.
That
Thomas Napton
is not guilty of stealing the Cloth of
Mackham
and
Anthrobus
, nor did flie for it.
That
Jane Bailey
is not guilty, nor did flie for it.
That
Mary Hipkins
is guilty of the Felony, but the Goods were but of the value of 10
d.
That
Anne Mounsdel
is guilty of the Felony whereof she was Indicted.
That
Margaret Smith
is guilty of stealing the piece of Silk, which was but of the value of 10
d.
as to the rest not guilty; whereupon the Court ordered an Indictment to be drawn up against her, as Accessory to the other Felony, of which there was strong suspicion.
The Verdict being Recorded, the Court Adjourned till 3 a Clock in the Afternoon.
Post Merid. eodem Die
.
After Proclamation for attendance, the
London
Jury were called, and the Prisoners to their Challenges; which being none, the Jury were sworn as before: And Proclamation for Information and Prosecution being made, they were charged to enquire of these Prisoners. First,
One
White
, of the
Towre-Ward
, was Indicted for Burglary; and acquitted.
The next that was tried was
James Jackson
, for stealing the Tankard from
Nicholas Jackson
, who deposed thus;
That he did believe that to be the man who came into his house, and called for a Tankard of Ale and a Toste, which when he had eaten and drank up, he called for another; which while I went to draw, the Prisoner clapt down a Pewter Tankard instead of the Silver, and goes away. That he was a Victualler, at the Sign of the
Cheshire-Cheese
in
Thames-street
. That he went to sell it to a Gold-smith, who upon examination found that it was his.
Which the Gold-smith attested. But the Prisoner denied that ever he was in his house; and said, That he had bought the Tankard five years ago, of one whom he did not know by name, nor could find, in the
Minories
. The Owner swore it was his Tankard, and that he was in his house that day. And the Court left it as a plain case to the Jury.
The third they were charged with, was
Stephen Arrowsmith
for the Rape committed on
Elizabeth Hopkins
. To prove which, a Girl of between 9 and 10 years of Age, gave this Testimony without being Sworn.
That she saw in a Room, the Prisoner lying a top of the little Girl, but what they did she knew not, but the Girls Petticoats were up, nor did she cry out.
The Girl that was ravished, being between 8 and 9, testified that he had had to do with her for half a year together every Sunday, that she was hindred from crying the first time, by his stopping her mouth, and that he gave her money afterwards; and she never discovered it, till some of her friends observing her to go as if she were very sore, examined her, and by telling her she would be in danger of hanging in Hell, got her to confess, that the Prisoner was her fathers Prentice.
One Mrs.
Cowel
did testifie that upon observing her going, and other Circumstances, she did resolve to examine her, and made her confess, which she did, and being searched, was found shamefully abused, and sent to the Doctors to cure.
The like was attested by one Mrs.
Sherwin
, and by a Midwife, who said, she had got a very foul disease by it.
The Prisoner with a great many tears denied the Fact, and desired some Witnesses might be called. Among whom there was a maid that lived at the Doctors where the Girl was for Cure, who testified that the Girl upon Taxing her, why she did conceal it, said, she took Pleasure in it, and that upon Examination there were no Symptomes on the Prisoner, as the Doctor said, of any such disease as the Girl had, which was indeed the
Pox
; which was also attested by one Mrs.
Rawlins
: and the Prisoner protesting his Innocence, alledged that they offered a Composition.
All which notwithstanding, the Court with great detestation and abhorrence of so Horrid and Vile an Offence, told him the Matter was so plain against him, that he must have as great impudence to deny it, as he had wickedness to Commit it; that her consent would not save him, for the Statute provides, that a Child under 10 years of age, should not be abused with, or without her Consent. That the First Violence whereby he stop'd her Crying, made the Rape, had it been a Woman above 10; that if the Parents were so wicked, as to offer a Composition, yet that made not him innocent.
The Jury not seeming satisfied with the Evidence, the Lord Chief Justice
Scroggs
and others were of opinion, that the Girl that was Ravished, might give in her Testimony upon Oath; but it was forborn for the present, and left to the Jury. Who were sent together to consider of their Charge, with an Officer sworn to keep them according to Law.
In the mean time, the Clerk for
Middlesex
arraigned
Mary Hutchins
of
Fulham
, indicted for that she, the 3
d.
of
Octob.
1678, did steal some Plate and Linen, from one, to which she pleaded not guilty, and putteth her self upon the Countrey.
Elisabeth Gates
for stealing a Cup of 14
s.
Value from one
Dennis King
, the 14 of
Novem.
1678. She pleads not guilty, and put her self upon the Countrey.
After a considerable space of time the Jury returned, and having answered to their Names as called, agreed that the Foreman should speak for them, and gave in this Verdict.
That
James Jackson
was guilty of stealing
Nicholas Jackson's
Tankard. And they offered this further.
That
Stephen Arrowsmith
was not guilty of the Rape: which Verdict Mr.
Recorder
, not conceiving it to be according to their Evidence, would not take from them without further deliberation, and labour'd to satisfie them of the Manifestness of the Proof. One of the Jury being an Apothecary, said it was his opinion, that a Child of those years could not be Ravished. Which the Court told him was to Elude the Statute, that having provided a Punishment, had done it in vain, if there were no offence, and so he did tax the Wisdom of a whole Parliament; Which ought not to be. Others of the Jury, because the Girls were not sworn, doubted of the sufficiency of their Testimony, and they had nothing but hearsay from the other Witnesses. But the Court told them, in regard such Offenders never call others to be by while they commit such actions, they could expect no other Testimony than from the Party injured, which they had, and with it of an eye Witness, both whom they forbore to Swear, because of the tenderness of their Age; but if they insisted upon it, they should be Sworn.
Upon this the Jury went out again, and while they were deliberating, information was given to the Court, that they had the two Children with them, which was against the Law. Whereupon the Officer appointed to keep them, was sent for, and it being sworn against him, that he had admitted them in, he was sent to
Newgate
, though he alledged another Officer brought them to him as from the Court, but that Officer swore the contrary, and therefore the other was detained in Custody. The Jury being sent for about this matter, when they came, said, they sent not for the Children, nor desired to have them: and the Court to give further satisfaction, swore the Children, having examined them, whether they understood the nature of an Oath, and the danger of Perjury, which they gave a Rational account of. And the Jury went away again.
That
Stephen Arrowsmith
was guilty of the Rape, and they were discharged till the next morning at Ten of the clock: it being late, the Court was Adjourned till Seven.
Wednesday
the 12. of
Dec.
1678. Nine of the Clock.
Proclamation was first made for Attendance.
Then the Clerk of
Middlesex
called for
John Worsley
, who was indicted for seducing the Kings Subjects from their Obedience, and from the Protestant Religion. But when he was brought up, the Court thought fit to defer his Arraignment and Trial till the next week.
He then Arraigned
Nathaniel Russell
and
John Watson
, indicted, for that he the said
Russell
, 18.
Nov.
1678. did voluntarily, and of malice forethought, with a Rapier give to
William Midley
a mortal wound on his Breast, of which he died, and that the said
Watson
was by, aiding, abetting, comforting, and maintaining. To which indictment both pleaded not Guilty, and put themselves upon the Countrey.
Then the Prisoners were called to their challenges, and the
Middlesex
Jury sworn; the usual Proclamation made, and the
charged upon them in Order.
Mary Hutchins
indicted for stealing a
Silver
Cup and Linen, against whom the Evidence was,
That she was a Servant in the Persons house about a week, from whom the Cup was stolen. That she being gone one morning out of the house, they missed several things. She being suspected for them, and that she was run away, Pursuit was made after her by a young man, who overtook her, and found the things about her; that he charged a Constable with her, and had all the things again.
The Prisoner could not deny her taking the Particulars, but the Owner having them again, the Value was left to the Jury.
Edward Preston
, indicted for stealing a Mare from
Edward Mullet
.
Mullet
himself deposed, that the Prisoner was his Servant, and took the Mare out of his Ground, and carried her to
Tame
, and there sold her for 30
s.
and about 3 Weeks since he was taken.
The Person that took him, deposed, that he confessed the taking of the Mare out of the Ground, and selling her.
The Prisoner said he took the Mare, to go for a Dragooner, that when he came to
Tame
, the Troop he thought to go in, was gone; and he being ashamed to carry the Mare back again, and in his distress for money, sold her, but the man had the Mare again. Upon which confession the Court left it to the Jury.
Elisabeth Gates
was tried for stealing a Silver Cup, of 14
s
Value, from one
Dennise King
.
Who deposed, that she had confessed the Stealing to her, and that a little Girl had seen her in the house that day, but she went away, and on
Thursday
after was seen, and known by the Girl, Apprehended upon Suspicion, and before the Justice confessed it.
The Prisoner did not deny being at the Womans house, but now denied the taking of the Cup from thence, and that ever she confessed it. Upon which the Jury were directed to consider of the Evidence, and the Value.
Then
Richard Symell
Indicted for stealing the goods of
Elisabeth Horner
, and
Margaret Husen
, as accessory, after were tried.
Broccas
a Constable, deposed, that he took him, and before the Justice he confessed he took the things out of a Trunk and Box, and sold them to the Prisoner
Hutton
, in whose house we found them.
Symel
the Prisoner, for himself said, He indeed did take them, but he thought they had been his Wives, for they were in her Lodging, who was then newly come from Service; and he thought he might make bold with them, being hers, and sold them to the other Prisoners.
Hutton
confessed she bought them of the other man, but denied that she knew them to be stoln Goods, or used to be such; that he told her they were his own, and not his Wives.
Anne Harris
was the next, who was Indicted for stealing the Goods of
John Jones
.
Against whom
Jane Harris
, the Wife of
John Harris
, swore, that she lost Goods of a considerable value, and that the Prisoner was taken in
Southwark
selling part of them.
The Woman to whom she offered them to sale attested it, and that she told her she had bought them.
The Prisoner her self saith, she bought them of a man, but his name she could not tell, nor where he lived. So the Court left her to the Jury.
One
Wood
was Indicted for stealing a Silver Cup of 9
s.
value, of
Robert Lambert
, and was acquitted.
Thomas
and
John Johnson
Indicted for the unlawful taking the Lead off from
Stepney-Church
; the Evidence was this:
Knight
, a Head-borough, was with his Watch going the round, saw a Ladder standing on the side of the Church, and enquiring of the Clerk and the Sexton whether it were there by their Order, found it was not; and therefore taking away the Ladder, got up another way to the top of the Leads. But at the side of the wall, they found three parcels of Lead rolled up, and which was thrown down. When they came up, they found these two men there; being asked what they did there at that time, all they would answer, was, It was their fortune to be there. But going onward, they found some more parcels of Lead, which they acknowledged they had cut up with a knife; the whole was about 950
l.
weight, but none was removed away. They said the Ladder was theirs, which was afterwards found to be another mans, and not lent by him neither.
The Prisoners said, They heard a noise on top of the Church, and went up to see what was the matter; but before they could get down, the Watch had taken away the Ladder: and they denied the taking away of the Lead. The Court left it to the Jury upon the Evidence.
Nathaniel Russel
and
John Watson
Indicted, for the murder of
William Midgley
, against whom it was thus proved:
Dorothy Midgley
, Sister to the Person slain, deposed, that
Watson
, who was a Bailiff, came with
Russell
to arrest her for a debt of 3
l.
which she owed an Aunt of hers. And coming into the room, her Brother stood before, and was stabb'd by one of them immediately; that she thinks it was
Russell
stabb'd him: That he lived till
Thursday
, and then died; and that he gave them no ill language.
Elizabeth Symmonds
, who was then in the Room, testified, That the Boy did not give them any provocation; That he had a piece of Curtain Rod, which she did not see him lift up against them.
Rebeccah Niccols
, who also was by, swore, That
Watson
, when he came in, run him down into a Chair, and the other run him through. That
Russell
came in with his Sword drawn, and they were heard from without to swear, they would kill any one that opposed them.
Stephens
, a Chirurgeon, proved, that he died of the wound.
Russell
the Prisoner, in his defence, said, That the Plaintiff in the Action calling them upstairs, told them, they must look to themselves, for there was a Young man intended to kill them. That upon their coming in, the Young man made at them with a bright thing, like a Spit or a Sword; and in his own defence, he retreating back, doth not know how the Boy was wounded.
Watson
for himself said, That being ordered by the Plaintiff to Arrest
Dorothy Midgley
, when he came to the door, he heard the Boy say, I will run my Spit in some of your guts; but putting him aside, he Arrested his Prisoner, and heard some body cry out, I am killed; upon which he run to him, and opening his breast, there he found a great wound, and gave him some Brandy to drink, and covered him with a warm Napkin. That the Defendant
Midgley
came to him, and cut him over the face with a Pot, and asked him what he staid there for, he had been the death of her Mother and her Brother. That about five years ago he had arrested her Mother, and she died in Execution; but he denied any hand in this Murder.
The Plaintiff in the Action said, She did employ
Watson
to Arrest
Dorothy Midgley
, and that he went streight forward to her, her Brother being by; and that a Fellow came in and wounded the Boy, and run out again before he could cry out he was wounded: but who he was she knew not; but she did not see nor hear the Boy make resistance, or give any provocation. That it was onely a piece of Curtain Rod the Boy had in his hand, but neither struck stroke with it, nor run at them.
Then the Writ and Warrant to justifie the Arrest were read, whereby upon the Return it was found, that they had returned a Rescous by the Party that was killed, which the Court told
Watson
was a great Evidence against him. Whereupon directing the Jury, they were told, that there being no provocation, the Law implied the malice to make it murder. But how far the persons accused were guilty, was left to them to consider upon the Evidence.
Then the Jury withdrew to consider of their Charge.
The Clerk for
London
Arraigned these Prisoners.
William Lucas
Indicted, for that he,
Decem.
2. last, did steal a Tankard of 6
l.
value; confessed the Indictment, and himself to be guilty of that offence, and all within Clergy.
John Macarty
, for stealing the same Tankard, pleaded Not Guilty, and put himself upon the Countrey.
George Cletheroe
Indicted, for stealing some Linen from one
John Delavier
, he pleaded Not Guilty, and put himself upon the Countrey.
Ralph Leech
Indicted, for that he, the 9
th.
of
Octob.
1678. did steal from
Henry Wood
nine pair of Silk Stockings. He pleaded Not Guilty, and put himself upon the Countrey.
A Lieutenant and some Soldiers were Indicted for misdemeanor committed by them, in endeavouring in a riotous manner to take away a Prisoner, the 16
th.
of
November
last, out of the Custody of one
Newton
, a Serjeant in
London
. They all confess'd themselves guilty of the offence, and submitted to the Mercy of the Court.
Whereupon Mr.
Lane
, Comptroller of the Chamber of
London
, being of Counsel for the King, opened the Cause, to give the Court satisfaction in the matter: That one
Sparks
being Arrested by
Newton
, told the Officer, he ought not to be Arrested, because he was a Soldier. The Officer told him, he had some reason to doubt it, because he had not on the Kings Cloathing; but he should have the liberty to send to such of his Officers as he thought fit. Upon which he sent a Porter to the Serjeant of the Company of Granadiers, who not being met with, the Note was delivered to the Lieutenant; which when he had read, with great Passion and Swearing he demands to know the Officers name, and cursing himself, said, If he could meet with him, he would cut off his ears. He then gets his Company together, acquaints them with the business, leaves the main body of the Company in
Cheapside
, over against
Woodstreet
, selects a dozen out of them, and coming down
Woodstreet
with Muskets, and Daggers in them, and with Oathes and Arms would have stormed the
Counter
, demanding the Prisoner. It was with great difficulty that they persuaded him he was not in the
Counter
, but in a House near by. Thither he goes cursing and swearing he would pull the House down, fire the House, and make that Rogue the Officer an Example for daring to Arrest a Soldier. The Serjeant told him, Sir, I am not throughly satisfied he is a Soldier, and desired to see the Muster-Roll: But he would not vouchsafe to let him have that favour; take him away he would, and did, in triumph to the Offenders, and to the terror of all Civil Justice. The Lord Mayor and Court of Aldermen being acquainted with the matter, order Mr. Recorder and the two Sheriffs to wait on the Lord General the Duke of
Monmouth
, to let him know the whole business, and to desire him to deliver up the Offenders to be punished. His Grace did immediately concur to it; and having Casheer'd them from the King's Service, hath sent them hither, where, said he, we hope they will be satisfi'd now, as we are all well assured that, by the blessing of God, and the care and courage of our Magistrates, Soldiers, though they may and ought to assist, yet they shall never be permitted to be Arbiters and Comptrollers of Publick Justice.
The Lieutenant would have excused and palliated the matter; but the Council having
Affidavits
, and
Viva voce
to prove his Accusation, and it having been examined before the Lord Mayor and Court of Aldermen, they were committed to the Gaol in order to their Judgment.
Then the Jury for
Middlesex
returned with their Verdict, which the Foreman gave in thus:
That
Mary Hutchins
is guilty, but the Goods were but to the value of 10
d.
That
Edward Preston
is guilty of stealing the Mare.
That
Elizabeth Gates
is not guilty.
That
Richard Symel
is guilty, but the Goods were but to the value of 10
d.
Whereupon
Margaret Hutton
, Indicted as Accessory, was discharged.
That
Anne Harris
is Guilty, but the goods were but to the Value of 10
d.
That
Margaret Wood
is not guilty of the Felony,
&c.
And
That
Thomas
and
John Johnson
, are guilty of the Trespass, in taking away the Lead from
Stepney
Church.
That
Nathaniel Russel
, is guilty of Murder, in killing
William Midgley
. And
That
John Watson
is not guilty of that Felony, and Murder.
An Officer of the Court, gave information upon Oath, that a Souldier leaning over the
Bail Dock
was spoke to come down, but refusing, was pulled by him, whereupon he laid his hand to his Sword, and swore if he had him out, he would kill him: upon which information, the Court committed him to the Goal.
The Clerk for
London
called the Prisoners to their Challenges, Swore the Jury, and made Proclamation for Information and Prosecution, in usual Form. The first Prisoner tried was,
Ralph Leech
, Indicted for stealing the Silk Stockins to the Value of 4
l.
10
s.
Against whom, one
Summer
deposed, that he knew the Prisoner very well, and that the first of
Octo.
last, he saw him steal from Mr.
Woods
Shop 9 Pair of Silk Stockins. That he is a Workman to the Shop, as he is to other Hosiers Shops; where coming in a morning betimes, he had Opportunity to look over the Silk Stockins, and sometimes would buy. That this day looking over two Boards of Hose, he would now and then put a pair in his Breeches, till he had put in 9 Pair. Another Person being by, he desired him to go for a Constable. Then the Prisoner offering to go away, he stay'd him, and asked him how many Pair he had bought, he answered, None. But, said he, I must speak with you Mr.
Leech
, and having him up stairs, told him he had something more then was his own, he was in such haste to be gone, and urging him with it, he did desire him to be mercifull to him, or his Wife and Children were ruined, and pull'd out the Stockins 9 Pair in all, which when he was carried before Sir
John Frederick
, were produced against him, and he confessed it, saying, The Devil owed him a Shame.
The other Witness affirmed the same, and had seen something before, which he did not like, but durst not venture upon him, because he was a great man in the Trade; and would have ruin'd him.
The Prisoner who was an old Man, with a very gray head, by Trade a Silk Stockin Trimmer, and of a plentifull Fortune, had nothing to say for himself, but that he took them for money they owed him, which poor excuse was not accepted by the Court, but they directed the Jury to find him Guilty, upon so plain an Evidence.
Then
Richard Bradshaw
was Indicted for High Treason, in clipping the Kings Coyn. To prove which, one
Brauthwayt
, a Linnen Draper in
Newgate
Street, gave Evidence, that the Prisoner was his Apprentice, and that he heard he had given a neighbours boy, one
John Jolliffe
, some pieces of Silver, which being brought to me, he did acknowledge he had clipped them with a pair of Scissors, that were in Court. That he did use to trust him, with receiving, and paying Money for him, but never knew any ill of him, nor found much clipped money among his Cash. That he had taken him Apprentice without money.
Another Witness swore that he confessed it before Sir
William Turner
. And a Goldsmiths Boy shew'd some Ingots, which he had from that
Jolliffe
, who said he had them from the Prisoner, but he was not to be found.
The Prisoner now had nothing to say for himself, but that he had the Silver from that
Jolliffe
. Upon which he was left to the Jury.
The next was
John Macarty
, for stealing a Silver Tankard, out of a house behind the Exchange.
The Boy of the House testified that he, with
William Lucas
, who confessed the Felony, came to his Masters house, who is a Cook; and while the Boy went down for a Pot of drink they called for, they
step'd
into the Kitchen where the Tankard was, and taking it thence, away they went, before he came up again. That the Tankard was there before he went down to draw the drink. That they came in friendly together, and went both away. That they had the Tankard again by means of a Woman, with whom
Lucas
left it to keep till he came out of Prison, where he was, being taken that night by the Watch.
The Woman testified the delivery of it by
Lucas
, but she saw not the other Man.
The Prisoner, for himself, said he was pushed and josled by the other man
Lucas
, whom he had never seen before in his life, and that upon their Fighting, the other invited him to drink, and when the Boy was gone down to draw the drink,
Lucas
went into the Kitchin, and came out again, and called him out to go away with him, which he did, having no business there. The credit of which story, upon the Boys positive Testimony, was left to the Jury.
Then
Hannah Downes
was tried, for stealing 4
l.
in money, from
Thomas Goddard
in the
Vintry
. The Evidence was,
That she being a poor Girl, was by them taken up, and upon recommendation, by a Letter from a Quaker, entertained in the house where she lived about two Months, and then was bound Apprentice to the Woman: that the man leaving of his Britches, in which was the Key of the Ware-house, where the money was, she had taken it, and taken away about 4
l.
at several times; as she confessed that she run away to
Rochester
, and there was taken, and before the Justice confessed the thing.
The Prisoner said, she run away because they abused her, and beat her, and pinched her in her Victuals, but denied she stole any Money, or that she did confess it. Which was submitted to the Jury.
The next was
George Hunt
, for stealing Brass Buckles, and some small things. But it appeared upon the Evidence, a Prosecution out of Malice, because of an Action of slander, by the Prisoner commenced against the Prosecutor. And there being no colour for the Accusation, the Court directed the Jury to find the Prisoner not Guilty.
The last for
London
was
George Cletheroe
, Indicted for stealing the goods of
John Delavier
.
One
Burbeck
deposed, that about six of the clock in the Evening, the Prisoner came into the house, and going out, he saw him; and asked him what he did there; but received no answer. That he cried stop Thief, and upon that Outcry he ran, but was overtaken. That the Linnen which he is Indicted for, was taken out of the house, and dropt 4 or 5 houses from that house.
Another man Witnessed, that upon the cry of Stop Thief, he made towards the Prisoner, who to save himself, cry'd Stop Thief too, and when the Witness came up to him, Struck him; but he was Apprehended, notwithstanding his resistance. And one that saw the Linnen in that place, and took it up, attested it.
The Prisoner denied being in the house, and said, that he was pursuing one that came out thence: but the first man affirmed positively that he was there, and that his Wife three days after his Commitment came to entreat him not to prosecute him.
The Jury, after a short recess, did give in this Verdict of the Prisoners under their charge.
That
Ralph Leech
was guilty of the Felony he was Indicted for.
That
Nicholas Bradshaw
was guilty of High-Treason.
That
John Mackarty
was guilty of stealing the Tankard.
That
Hannah Downs
was guilty of the Felony to the value of 9
s.
That
George Hunt
was not guilty of the Felony he stands Indicted for: And the Court taking notice of the malicious prosecution, gave him leave to take a Copy of the Indictment.
That
George Cletheroe
was guilty, but the Goods were but to the value of 10
d.
Then the Court Adjourned till 3 of the Clock in the afternoon.
Post Meridiem eodem die
.
Proclamation of Attendance being made, the Lord Chief Baron called for the
Granadiers
, who were in custody, and told Mr.
Recorder
, That he being, by the custom of the Court, to give Sentence upon Offenders there, the Judges did give him their advice. That the Peace of the Kingdom was so nearly concerned in this Cause, that it deserved an exemplary Punishment; and the lowest Fine they would counsel him to set, was 200
l.
upon the Lieutenant, 50
l.
upon the Serjeant, and 20
l.
a piece upon the Common Soldiers. Which was by Mr.
Recorder
Sentenced accordingly, with this Reproof.
YOu that are the Prisoners at the Bar, the Court and the Government are sensible of the great affront by you put upon the Authority of the Nation in general, and this City in particular, and what danger you might have brought your selves into: For you gave such a Provocation, at such a time, within the very heart of the City of
London
, that might have proved the occasion not onely of bloodshed to others, but utter ruine to your selves. The Court, I say, and the Government, and your own General being sensible of this, and satisfi'd of your Guilt, have brought you hither, where being under the Power of Justice, you ought to receive the Sentence of Justice for your great Offence; and because your Crime is great, such must be your Judgment. For though you are Soldiers, Gentlemen, and ought to have all due encouragement, yet you must not think, by the Authority of your Arms, to control the Authority of the Civil Magistrate. And because the Lieutenant should have known better his duty, and taught it to them under his care, his Fine must be the greatest, because his Knowledge was, or should have been so, and deserves the highest resentment. The Serjeant, who should have also known better, must receive a Punishment according to his Degree. And the Common Soldiers, though under their Command, yet being great Offenders, must receive an exemplary Punishment. And I do in the name of the Court, and the Court doth Order, That the Lieutenant pay for a Fine 200
l.
the Serjeant for his Fine 50
l.
and each Common Soldier 20
l.
to the King; and that they be Committed till they pay these several Fines.
Then the Clerk for
Middlesex
Arraigned
Thomazine Davies
, alias
Sparks
, alias
Bailey
, Indicted, for that she, the 8
th.
of
Decemb.
1678 an Indian Gown, and other things, to the value of 4
l.
and 18
s.
of money, did steal from
Lewis Gastring
. To which she pleaded Not guilty, and put her self upon the Countrey.
William Baker
Indicted, for having two Wives, against the form of the Statute. Pleaded Guilty.
Judith Smith
Indicted, for that she, the 29
th.
of
Octob.
did steal some Linen of a small value from
John Smith
. She pleaded Not guilty, and put her self upon the Countrey.
James Furner
of
White-chappel
Indicted, for that he, the 12
th.
of
Novemb.
1678. did steal a
Mare
, colour brown, from one
He pleaded Not guilty, and put himself upon the Countrey.
James Smith
Indicted, for that he, the last of
Octob.
1678. did steal three Hogs, colour white, of the value of, every one of them 35
s.
from
Leonard Sanders
. He pleaded Not guilty, and put himself upon the Countrey.
William Brayn
Indicted, for that he, the 6
th.
of
Septemb.
1678. did steal one Gelding, colour brown, from
Ambros Galloway
. He pleaded Not guilty, and put himself upon the Countrey.
Matthew Momford
Indicted, for that he, the 23
d.
of
Novemb.
1678. being a Soldier in the Company of
John Drew
Esq. a Captain in the Service of the King, there was a certain discourse had between him and one
Thomas Topping
, and one
James Sanders
, concerning our Sovereign Lord the King, and the Religion in the Kingdom established; he the said
Matthew Momford
said he was a Papist: Upon which the said
Topping
and
Sanders
told him, he was not fit to be a Soldier then in the Kings Service. He repli'd, I hope to see you all burn'd, and to be at the burning of you. To this Indictment for a Contempt and Misdemeanor, he pleaded Not guilty, and put himself upon the Countrey.
Then the Prisoners were called to look to their Challenges, the Jury sworn, and Proclamation being made for Information and Prosecution, as before, they were charged to enquire, First, of
William Brayn
, for stealing a Gelding from
Ambros Galloway
; against whom
One testifi'd his knowledge, that it was
Ambros Galloways
Horse; and another, that he bought it of the Prisoner. But
Ambros
himself, being a Quaker, would not, for Conscience-sake, as he said, swear, and so could give no testimony about his losing him. Upon which the Court directed the Jury to find the Prisoner Not guilty for want of Evidence, and committed the Quaker, as a concealer of Felony, for refusing an Oath to Witness for the King.
Thomazine Davies
, for stealing an
Indian
Gown and other goods, to the value of 4
l.
and 18
s.
in Money, from
Lewis Gastring
.
Mary Gastring
, the Wife of
Lewis
, swore, That going out to a Neighbours house, she then lost those goods, and found them with the Prisoner at the Bar; that the things were in several Boxes and Trunks, but none broken open.
Walter Turner
deposed, That on
Sunday
8
th. Decemb.
1678. in the afternoon, walking in the Alley where his house was, he did see the Prisoner pass by him with an Apron full of things; and that Mrs.
Gastring
coming out, and complaining of her loss, he told her what he had seen, and overtaking the Prisoner, upon pursuit these things were found with her.
The Prisoner said that another woman, with whom she was drinking a pot of drink, gave them her, and desired her to carry them for her to such a place; which she was going to do with the things in her Apron, but not telling the womans name, nor producing any Witness to prove it, the Court left it to the Jury.
Then
Judith Smith
was tried, for stealing the Goods of
John Smith
. Against whom,
John Smith
, deposed that he had lost the Goods, in the Indictment, that she confessed the selling of some part to the Brokers, and named many particulars, that he could not say, they were taken all at one time, but being his Servant, she had opportunity to convey them away as she pleased, and that he did not miss them, till a fortnight after the time she confessed of taking them.
The Prisoner for her self only said, that her Master charged her with more than she had. Upon which confession of part, and the things being taken at several times, and not all, the day laid in the Indictment, The Court left the Value to the Jury.
James Turner
for a Mare, colour Brown. Upon whose trial, it appearing that he had been
Auterfoits
acquit, the Jury were discharged of him.
James Smith
was next, for stealing three white Hogs from
Leonard Sanders
, who deposed,
That he, the last of
October, i.e. Allholland
Eve, lost two great Hogs, and a little one, worth 5
l.
that he pursued them by the Track, but at last lost his intelligence.
Another Witness swore, that he met the Prisoner
Smith
in the morning of that day, when he said, he was going to buy Calves, and after, met him driving three Hogs, a little one, and two great ones, which he said he drove for another, not for himself.
Sanders
not seeing the Hogs in
Smiths
possession, nor the other Witness not minding them, could tell the marks, and therefore the Court asked the Prisoner, whose Hoggs they were that he drove that day, he denied he ever had any, or saw any. Which Evidence being uncertain as to the particulars charged, the Court left to the discretion of the Jury.
Matthew Momford
, for his contempt and misdemeanor, in speaking the Words.
One of the Witnesses swore, that the Prisoner being at his house to drink, upon some discourse said, he had been a Papist seaven years: then said he, you are not fit to stand Sentinel where the King passeth, for you may kill him as he goes by you. Then in a fume he replied, I hope to see you burned, and be at the Burning of you.
The other said, that
Momford
said he was a
Staffordshire
man: then said the other, you must be a Papist, for all the
Momfords
in
Staffordshire
are Papists, he replied so was he. Then you are not fit to be a Souldier; he in a passion cri'd out, he hoped to see us all burnt, and be at the burning of us. They both said he was in drink, with which the Prisoner would have excused the matter, but the Court told him it was no excuse, but an aggravation. And left him to the Jury.
The last was
John Spittle
, for stealing the goods of
Humphrey Wych
. Against whom
Wych
gave Evidence that he lost such goods as are charged in the Indictment, and found them in the Custody of the Prisoner, and that the value was 7
s.
And one
Bayley
deposed, that being a neighbour of Mr.
Wych
, and sitting in his Shop, he saw two Women and a Man, standing at
Wych
his door, first one woman went in, then both, and went away, and the man went in, and coming out with something under his Coat, he went and follow'd him, telling him what he had was not his own, and called to the man of the house, who coming out owned the things.
The Prisoner said he found them at the door, but the Constable upon his Oath testifi'd that he confessed at his taking, that the had them out of the Drawer. The Court left it to the Jury, who after a little recess being agreed of their Verdict concerning these Prisoners, brought it in thus.
That
Thomazine Davies
, is guilty to the value of 10
d.
That
Judith Smith
, is guilty to the value of 10
d.
That
Willaim Brayne
, is not guilty.
That
James Smith
, is not guilty.
That
Matthew Momford
, is guilty.
That
John Spittle
, is guilty to the value of 8
s.
The Petit Juries for
London
and
Middlesex
were discharged.
Then the Court proceeded to Judgment upon the Prisoners, according their Convictions.
Those to whom the benefit of Clergy, as Men, and the punishment of Branding, as Women, was allowed, were.
Joseph Brown,
Wiliam Shakesby,
John Baltee,
Thomas Jackson,
William Lucas,
John Macarty,
Hannah Kinman, &
Hannah Downes,
In all 8. in
London
.
In
Middlesex.
William Baker
, and
Anne Mounsdell
.
Ralph Leech
for respect to his age, the Court took time to consider after a very severe check, and having craved the benefit of his Clergy.
John Spittle
, who desired transportation, was set aside for it.
John Paine
, who had confessed himself guilty of Felony upon his Arraignment, for marrying a second Wife, the first being alive, did desire the benefit of his Majesties late Gracious Act of Pardon. Which the Court upon perusal of the Act thought fit to grant him, but told him that he ought to make a recompence to the parties injured, which were both his Wives, for
Pœna potest dirimi, culpa perennis erit
.
The Persons ti'd up by the Executioner for judgment of Death were these Six.
Susan Banster
, for stealing goods of 13
l.
value, and who had been sentenced to be transported before.
Stephen Arrowsmith
, for a Rape committed upon
Elisabeth Hopkins
, an Infant
of
8 years of Age.
Nicholas Bradshaw
, for high Treason, in clipping the Coyn of this Kingdom.
John Leak
, for stealing Cloth off the Tenters, contrary to the Statute in that case provided.
Edward Preston
, for stealing of a Mare. Which by Statute also is deprived of benefit of Clergy. And,
Nathaniel Russell
, for the Murder of
William Midgley
.
These Persons being severally called to the Bar, and told of their Convictions, were demanded of, what they could say to arrest the judgment of Death: they could alledge nothing, and therefore
Proclamation being made for Silence, while judgment was in giving, the Recorder spoke to them thus.
YOu that are the Prisoners at the Bar have been severally Indicted of several Offences, and upon your Trials, you have had the benefit of the best of Laws, because you have had the liberty of making your defence to the several Accusations whereof you have been accused. You have been fully heard, and by Persons of known integrity, who have been Triers of the Fact, and Countrey-men of your own, sworn to do you Right; you have been Convicted of the several Offences wherewith you stand Charged, and nothing remains, save onely for the Court to do that Duty which the Law requires of them, to give Judgment upon those Verdicts by which you stand Convicted.
This is a Duty incumbent on the Court, though a sad one; and I must confess, I cannot but be much troubled to see Youth arrived to that heighth of Debauchery, notwithstanding the frequent Examples that are found in this Place. So that I must say, and I tremble to think I am obliged to say, That the frequent Examples of this Place seem rather to be Examples to some to outdo the Villanies that are punished here, than to deter them from the commission of them.
When I see some among you there, that now seem mighty full of grief, and sense of the deplorable condition you have brought your selves into; who have had Mercy shewn them here, and yet continue to offend so gracious a King; when nothing will work upon you, but you will persist in so vile an habit of wickedness; it seems to me, that absolutely necessary Judgment be speedily executed upon you, there being so small hopes of Reformation. I speak this to let the World know, Mercy is not to be shewn to such, as after forgivness sin yet worse.
And in as much as you have received fair and full Trials, upon which you have been Convicted, you have by your own vile carriages forfeited that Life, which you might else have happily enjoyed; and shorten'd that, which by your own industry you might have preserv'd and lengthen'd, to the comfort of your selves and Friends, and the good of your Generation. And now it remains onely for you to take care of that little, very little time that is left you, to improve it to the utmost, for the advantage of your immortal Souls. For having by your great wickedness and publick affronts to the Justice of the Nation forfeited your lives, it will be needful for you to employ the minute of breathing time to prepare for Eternity. For though the Law do inflict the punishment of death on you here, you have God in Heaven, and a blessed Saviour and Redeemer, to whom, upon Confession and Repentance, you may with hopes apply your selves for mercy in the World to come.
And it will be the duty of every good Christian, not onely to take care, that being warned by your Examples, they avoid the mischiefs you have run into, but also to joyn their Prayers, and all the assistance they can contribute, to the saving of your Souls, who by your Crimes have thus destroyed your Bodies.
Some of your Offences are of a more vile, more black, and more dangerous nature than others; one of you stands Convicted of that most horrid Crime,
Murder
, blood which cries out to Almighty God for vengeance; Murder, I cannot but say, without any provocation; which is not onely an offence against the Law of God, but even against Nature, for one man to destroy another without a provocation. If there were no such thing as a God in Heaven, or Justice upon Earth, Nature it self teacheth a man not to be barbarous to his own likeness. Therefore it will become thee to use all the tears thou canst shed, to wash away the blood thou hast spilt, and that will not be enough to take off thy guilt; for nothing but the precious blood of our dear and blessed Lord and Saviour, the Lord Jesus Christ, can save a man that is guilty of so great and horrible a wickedness as shedding innocent blood.
And for the rest, their offences have been such, as by the Law are to be punished with death. It will become you to betake your selves to Repentance; and I expect it from him whose proper business it is, that he give you all the assistance he can to promote so good a work, by helping you to spend your little time well, in order to a happy Eternity. This I have spoken in charity to your Souls. I do therefore in the name of the Court pronounce this Judgment upon you all, save onely the Youth that is convicted for clipping the Kings Coin,
That you shall go from hence to the place from whence you came, and from thence to the place of Execution, where you shall severally be hanged by your necks till you be dead; and Jehovah the Lord of Heaven and Earth have mercy upon your Souls
.
Then he applied himself to the Young Man for Treason, thus
:
YOu the Prisoner at the Bar, have likewise been Arraigned and Tried for an Offence, that by the Law is made High Treason, the Clipping of the Kings Coin. I am sorry, heartily sorry, and very much lament to see a Youth, in whom there seems to be so much modesty, far from persuading any one to believe, that any manner of Villany should lurk underneath so promising and so good a Face, come under the guilt of so great an Offence. But the truth of it is, the Apprentices of
London
have got such a Trade of abusing their Masters by Clipping, and such tricks, which they are encouraged to by a pack of Goldsmiths Men, who are fit for their purpose, that if some of them be not made Examples, it will be the ruine of many. It is a disease that will run through the whole Flock. And I am sorry to see you the first sad lamentable instance of that Justice, which must pass against Offenders of that kind, whose modesty should have prevail'd upon you, not onely to look like a vertuous Boy, but so to have acted.
But in as much as thou hast offended the Law, it will become thee also, if thou hast offended thy Master or any body else, to make them what reparation thou canst, by making confession of the offence, and discovering the Parties that were concerned with thee, whoever they are. For there can be no better means for Salvation in the next World, nor hopes of Mercy in this World, than by confessing thy Crimes, and telling the Accomplices, and 'tis my advice, Tell all thou knowest. But I must declare the Judgment of the Law, which is this, and the Court doth award it,
That you are to go from hence to the place from whence you came, and from thence be drawn on a Hurdle to the place of Execution, where you shall be hanged by the neck till you be dead, and the Lord have mercy upon your Soul.
Then
Susan Banster
being asked what she could say in delay of Execution, she desired to be Transported.
Then the Prisoners Convict for Petty Larceny, who were these,
George Cletheroe, Samuel Thompson, Mary Read, Mary Hipkins, Margaret Smith, Mary Hutchins, Richard Symell, Thomazine Davies, Judith Smith
, and
Anne Harris
, in all, Ten: whose Sentence was delivered thus:
YOu the Prisoners at the Bar, I have observed in the time that I have attended here, that your Pick-pockets, Shop-lifters, and you other Artists, which I am not so well acquainted with, which fill up this place, throng it most with Women, and generally such as she there,
Mary Hipkins
, with whom no admonitions will prevail. They are such, whose happiness is placed in being thought able to teach others to be cunning in their wickedness, and their Pride is to be thought more slie than the rest: A parcel of Sluts, who make it their continual study to know how far they may steal, and yet save their necks from the Halter, and are as perfect in that, as if they had never been doing any thing else. But take notice of it, you that will take no warning, I pass my word for it, if e'er I catch you here again, I will take care you shall not easily escape.
And the rest of those Women, that have the impudence to smoke Tobacco, and gussle in Ale-houses; pretend to buy Hoods and Scarfs, onely to have an opportunity to steal them, turning Thieves to maintain your luxury and pride: So far shall you be from any hope of mercy, if we meet with you here for the future, that you shall be sure to have the very rigour of the Law inflicted on you. And I charge him that puts the Sentence in Execution, to do it effectually, and particularly to take care of Mrs.
Hipkins
, scourge her soundly; and the other Woman that us'd to steal Gold Rings in a Countrey Dress; and since they may have a mind to it this cold weather, let them be well heated.
Your Sentence is this,
That you be carried from hence to the place from whence you came, and from thence be dragg'd ti'd to a Carts-tail through the streets, your Bodies being stript from the Girdle upwards, and be Whipt till your Bodies bleed
.
John Leak
, who was found guilty of stealing Cloth off the Tenters, and received Sentence of death for it, according to the Act in that case, which also gives the Court power to Transport the Party, if they see fit, was by the Court Reprieved in order to Transportation, being an able Sea-man, and one that had done the King good service at Sea.
The Prisoners Fined for Trespass and Misdemeanor, were
Matthew Momford, Thomas Johnson
, and
John Johnson
.
To
Matthew Momford
, who was the Soldier that had spoken such bad words, Mr. Recorder gave this Admonition:
YOu the Prisoner at the Bar, see now the great Inconvenience that comes upon the debauchery of some People; you that seem to have no Religion in the World but when you are drunk. But you must not think, drunk or sober, to revile the Protestant Religion, and go unpunished for it. Let the times be thought never so dangerous, yet I hope it will be always seen, that the Magistrates of this City and Kingdom dare tell all Mankind, They do and will own the Protestant Religion, and dare curb the proudest He, who shall presume to transgress our Laws, or offer to reproach our Religion. And all the Priests and Jesuits they have shall never blow up any man to that heighth of Impudence, as to dare do any thing in contempt of the Government, or affront to our Religion, but we will be sure to take down his pride, and make him know that he shall be subject to Justice. And so shall you find, who when you were drunk, could brag you were a Papist, and hoped to see Protestants burnt. You are an excellent man no doubt at a Faggot. Your contempt is very great, and the Court is very sensible of it; and that all the World may take notice how sensible they are, and of their resolution, that such Offendors shall not go unpunished; and that you may see, it shall not be a sufficient excuse to say, You were drunk when you did it, and pretend to repent of it now you are sober, and to turn Protestant again, We do think fit to lay a Fine of 100
l.
upon you, and commit you in Execution till such time as you pay it; and upon your Enlargement, you are to find Sureties for the Good Behaviour for seven years.
To
Thomas
and
John Johnson
, who stole the Lead off the top of
Stepney-Church
, he spoke thus:
YOu are Brethren in iniquity,
Simeon
and
Levi
. I find you are not Church-men the right way. But you are mightily beholding to the Constable, so much, that I think you ought to own it to him as long as you live; for if he had given you but half an hours time longer, you had been in a fair way to have been hanged. Your zeal for Religion is so great, as to carry you to the top of the Church. It is but a Trespass, it is true, but I assure you one of the rankest that ever I heard of, it is Cozen-German to Felony. If that be your way of going to Church, it is fit you should be taken notice of. Are you not ashamed to have offered at the commission of such an offence, in a Place whereto, if you were men that had any regard to a future state, you would pay a great reverence, because good men meet there to pray against such offences, not to commit them, as you did. The offence being so great, and the Trespass so rank, the Punishment must bear some pro portion to it, which is this,
The Court doth set a Fine upon you of
20l.
apiece, and commit you till you pay it to the Common Gaol of
Newgate;
and you are to find Sureties for the Good Behaviour before you be discharged
.
The Calling over the Gaol was left till the end of the Sessions.
Then the Court was adjourned till
Tuesday
morning next, being
Decemb.
17. at seven of the clock.
FINIS.
A SHORT ACCOUNT OF THE Authorities in LAW, UPON WHICH JUDGEMENT Was given in Sir
EDW. HALES
HIS CASE.
WRITTEN BY Sir
EDW. HERBERT
, Chief Justice of the Common Pleas, In Vindication of
Himself
.
Licensed and Entered according to Order.
LONDON
: Printed for
M. Clark
, and are to be sold by most Booksellers in
London
and
Westminster
. 1688.
A short ACCOUNT OF THE
Authorities in Law
UPON WHICH JUDGEMENT Was Given in Sr
EDW. HALES's
Case.
HAving been call'd to a place of Judicature in difficult times,
and
after my most sincere Resolutions and uttermost Endeavours of discharging the Duty of that place with a good Conscience, having yet had the hard Fortune to fall under the greatest Infamy and Reproach that is possible for any man to lie under, of Perjury and Breach of Trust, in giving a Judgment in Sir
Edward Hales
his Case contrary to Law, and contrary to my Knowledg and Opinion (for that only can make it Criminal;) and which, they say, tends to the Subversion of all our Laws; contrary to the Oath that every Judge takes, and to that high Trust repos'd in him to judge, to the best of his understanding, according to Law: Although I cannot hope to wipe off that universal ill Impression that the Malice of some People who understand the nature of this Case very well, has made upon most men who do not understand it; yet in order to clear my self to all just and dis-interested Persons who are only my Enemies by mistake, I think my self obliged to give some short Account of that Judgment, and the Grounds upon which it was given; and this I will do, not by making an elaborate and legal Argument, to make out by Reasons of my own, that the Judgment then given is consonant to Law, which whether it be or no, is like to be considered in Parliament, and to whose determination I shall as intirely and as chearfully submit as any other Person in the Nation: But I shall set down, not all the variety of Cases that we meet with in our Books touching the Kings Power of Dispensing with Acts of Parliament, for that would swell this Paper to an unreasonable length, and discourage many from reading any part of it; but only some few of the chiefest and plainest Authorities in Law, upon which the Resolution in the Case of Sir
Edw. Hales
was grounded. I shall not only cite the Books and Pages where those Cases are to be found, but transcribe the very Words, that every body may be convinced, that if we were in a Mistake, it was no Wilful Mistake, but that we had the Authority of former Judgments given by great Men that went before us (and for which they were never question'd) to lead us into it.
The Case (for I must state it upon my Memory, not having any Copy of the Record by me) was shortly this.
An Action Popular was brought against Sir
Edw. Hales
, upon the Statute 25.
Car.
2.c.2. for the Penalty of 500
l.
wherein the
Plaintiff
declares, That whereas it was provided by the Statute,
&c.
setting forth the Statute: Notwithstanding which, the
Defendant
having a Commission to serve the King as a Colonel of Foot, and not having received the Sacrament, nor taken the Oaths and Tests,
&c.
within the times prescribed by the Act, and after the times expired wherein he ought to have received the Sacrament and taken the Oaths and Tests as aforesaid; he did execute the said Office, and continued to act by colour of the said Commission, of which he was Indicted and Convicted at the Assizes in
Kent, &c.
whereby the Action accrues to the
Plaintiff
for the Penalty of 500
l.
The
De fendant
pleads that before the times expired,
&c.
he had a Dispensation under the Broad Seal to act
Non obstante
that Statute.
To which the
Plaintiff
demurres.
And Judgment was given for the
Defendant
that his Plea was good.
And first it will be necessary to shew what the Nature of this Dispensing Power is, which is warranted by our Judgment; and that will best appear by the Definition of it which is given in the 11. Report of my Lord
Coke
, p. 88 in the Case of Monopolies.
Dispensatio mali prohibiti est de jure Domino Regi concessa propter inpossibilitatem prævidendi de omnibus particularibus; & dispensatio est mali prohibiti provida relaxatio, utilitate ceu necessitate pensatâ.
"For true it is (says the Book) that inasmuch as an Act of Parliament, which generally prohibits any thing upon a Penalty that is Popular, or only given to the King, may be inconvenient to divers particular Persons, in respect of person, time, or place; for this purpose the Law gives a power to the King to Dispense with particular Persons.
"
And in the Seventh Report, pag. 63. in the Case of Penal Statutes, which was the opinion of all the Judges of
England
, 2.
Jacobi
, It is resolved, That the King may Dispense with any particular Person, that he shall not incur the Penalty of the Statute, tho it be an Act made
Pro bono pub lico
, and that this is a Trust and Confidence inseparably annex'd to the Royal Person of the King
.
I cite these two first Cases chiefly to shew that a Dispensation in its nature is particular, and given to particular Persons by Name; which is all the Power that is attributed to the King by our Judgment. And this I mention because of an unreasonable mistake of most People that talk of the Dispensing Power, as tho the Kings Declaration of
Liberty of Conscience
, whereby all the Laws that concern Religion are at once totally suspended and laid asleep, were warranted by it: Let that Declaration stand or fall upon its own bottom, I am sure the Case I am now speaking of has nothing to do with it. And having by these Cases cleared the nature of all Dispensations, which are always granted to particular Persons (as Sir
Edw. Hales
his was in our Case, who was the first, and I think the only Person who then had such a Dispensation,) I shall now cite some of the chief Authorities upon which our Judgment was given in that Case; and the first and great Case that I cite, wherein the Kings Dispensing Power is described and limited, is in the Year-Book of
Hen.
7. fol. 11. &
H.
7.f.12. in these words,
"There is a diversity
(says the Book)
between
malum prohibitum
and
malum in se
, as a Statute forbids any man to Coin Mony, and if he does, he shall be hanged; this is
malum pro hibitum
, for before the Statute, Coining Mony was Lawful; but now it is not so, and therefore the King can Dispense with it. So if a Man Ship Wooll in any place but
Calice
, it is
malum prohibitum
, because it is prohibited by Act of Parliament, and the King can Dispense with it, and so in like cases: but that which is
malum in se
, the King nor no other person can dispense with, as if the King would give a Man power to kill another, or License one to make a Nusance in a High-way, this were void; and yet the King can pardon these things when they are done.
These are the very words of that Book: and my Lord
Vaughan
discoursing of, and explaining this Case of
Thomas
and
Sorrell
in his Reports, p. 333. First, shews how a Dispensation differs from a Pardon. For a Dispensation does
jus dare
, and makes the thing prohibited (to all others) lawful to be done by him that has it: And therefore the King cannot dispense with
mala in se
because they never were, and can never be made lawful; but even these, says the Yearbook, may be pardoned after they are done.
From these Cases, results this plain Syllogism. Whatever is not prohibited by the Law of God, but was lawful before any Act of Parliament made to forbid it, the King, by his Dispensation granted to a particular person, may make lawful again; to that person who has such Dispensation, though it continues unlawful to every body else.
But to execute any Office without taking the Oaths and the Tests antecedent to any Acts of Parliament made to forbid it, was lawful.
Therefore the Dispensation granted to Sir
Edward Hales
did make it lawful for him to do so, though it continued unlawful for any body else.
In this Argument the premises are none of our own, we have them out of our Law-books; and the Authority of those books have never yet been questioned. I appeal then to any indifferent person, whether it can be Criminal in Judges, to draw a necessary Conclusion from Premises and Book-Cases that have been taken for Law for so many Ages together.
The next great Case is the Resolution of all the Judges of
England
, in the 2. of
Henr.
7. in the Exchequer Chamber, upon the Kings Power of Dispensing with the Statute of 23
Henr.
6. cap. 8.
That no Man should be Sheriff for above one Year
. The recital in the preamble, and the whole purview, if compared with our Statute of 25
Car.
2. cap. 2. equals it in every particular, and in some goes beyond it: for the mischiefs recited in this latter Statute are only in these words,
for preventing dangers which may happen from Popish Recusants, and quieting the minds of his Majesties good Subjects
. The Cause of making the Statute of 23
Hen.
6. is for preventing the Importable damage of the King and his People, Perjury, Manslaughter and great Oppression. The Purview Enacts,
1.
That no Man shall be Sheriff for above a Year
.
2.
That all Letters Patents made for Years or Lives, shall be void
.
3.
That no
Non obstante
shall make them good
, (which shews that the Parliament thought the King could otherwise have dispens'd with this Act by a
Non obstante
.)
4.
Whoever acts by colour of such Letters Patents, shall forfeit
200l.
5.
He shall be utterly disabled to bear the Office of Sheriff in any County of
England.
6.
That every Pardon for such offence shall be void
.
Notwithstanding all this, it was adjudged in that Case before-cited by all the Judges of
England
(who were at that time as learned as ever sate upon the Bench,) I say it was adjudged by all the Judges in the Exchequer-Chamber, that the Kings Dispensation with that Statute was good.
Having then this Case before us, if we should have judged the Dispensation not good in Sir
Edwards Hales
's Case, it must have been upon one of these two grounds: that is, either,
1. In the first place, we must have found some difference between the Kings power in that Case, and in this, which I confess, after the nicest inquiry, does not appear to me, and I wish any man would shew me any such difference if he can: or else,
2. We must have adjudged that Solemn Resolution given in the Exchequer-Chamber by all the Judges of
England
so long ago, and which has been taken for good Law for ever since, we must adjudge no Law: whereas the known Rule is, that after any point of Law has been solemnly setled in the Exchequer Chamber by all the Judges, we never suffer it to be disputed or drawn in question again.
But our Enemies seeing the force of this Argument have had the Confidence to say, that that point is not resolved in that Case, they might with as much modesty affirm,
Thou shalt not bear false witness against thy Neighbour
, to be none of the Ten Commandments; we can only reply in this case as in that, that if we have eyes to read, and common sense to judge, it is there resolved. Indeed there is another point about the Sheriffs passing his Accounts, which the Judges were divided in: but in the point of the Dispensation they all agreed, or else that other point could never have come in question.
But to put this beyond all Controversie, we have two things to offer.
1. First, That it has been cited as adjudg'd in several books of great Authority.
2. Secondly, It has been the constant practice to have such Dispensations in all Kings Reigns ever since that Resolution.
As to the first, Though I might cite many books, yet I will only cite three or four of the clearest and greatest Authorities: and the first shall be
Fitzherbert
, in his Abridgement of this very Case,
Tit. Grant.
33. who lived near this time, and could not easily be mistaken in the sense of the Year-book;
The Patent
, says he, was adjugded good by all the Justices;
but the Statute says expresly it shall be void
, therefore it is only made good by the Kings Dispensing.
2. Next to him shall be
Plowden
, who, as all Lawyers will confess is as little like to be mistaken in the sense of the Year-books as any Reporter we have; and he in his
Commentaries
, p. 502. in the Case between
Greendon
and the Bishop of
Lincoln
; after citing the Case both out of the Year-book, and out of
Fitzherbert
's Abridgment, has these words where the Statute was,
That the Kings Grant to any Man to be Sheriff of any County for longer time than a Year shall be void, notwithstanding any Clause of
Non obstante
to be put in to the Patent,
, there it is held,
that the Kings Grant to the Earl of
Northumberland,
to be Sheriff during life must have a Clause of
Non obstante
, because of the precise words of the Statute before mentioned; and with such a Clause of
Non obstante
, the Patent to the Earl was good
.
3. Next is my Lord
Coke
, who asserts the Kings Prerogative touching this matter in much higher terms than we would presume to do, in giving judgment in Sir
Edward Hales
his Case, for in his Twelfth Report, pag. 18. he has these words.
No Act can bind the King from any Prerogative which is sole and inseparable to his person, but that he may dispense with it by a
Non obstante
, as a Sovereign Power to command any of his Subjects to serve him for the publick weal; and this solely and inseparably is annext to his Person: and this Royal power cannot be restrained by any Act of Parliament, neither in
Thesi
nor in
Hypothesi,
but that the King by his Royal Prerogative may dispense with it: For upon the Commandment of the King, and Obedience of the Subject does his Government consist: as it is provided by the Statute of
23 Hen. 6. cap. 8.
That all Patents made or to be made of any Office of a Sheriff,
&c.
for term of Years for life in Fee-simple or intail, are void and of none effect, any Clause or Paroll
de non obstante
, put or to be put into such Patents to be made notwithstanding: And further whosoever shall take upon him or them, to accept or occupy such Office of Sheriff, by Vertue of such Grants or Patents shall stand perpetually disabled to be, or bear the Office of Sheriff within any County of
England;
by the same Authority, and notwithstanding that by this Act, First, The Patent is first made void. Secondly, The King is restrained to grant
Non obstante
. Thirdly, the Grantee disabled to take the Office, yet the King by his Royal Sovereign Power of Commanding, may Command any man by his Patent (for such causes as, he in his wisdom doth think meet and profitable for himself and the Common-Wealth, of which he himself is solely Judge) to serve him and the weal publick as Sheriff of such a County for years, or for life,
&c.
And so it was resolved by all the Justices of
England
in the
Exchequer Chamber, 2 H. 7.
And after some other cases to this point of the Kings Prerogative, he has this farther
(says he)
see
4 Hen. 4. cap. 31.
In which it is Ordained that no
Welshman
be
Justice, Chamberlain, Treasurer, Sheriff, Steward, Constable of a Castle, Escheator, Coroner
or chief
Forester,
nor other Officer whatsoever, nor
Keeper of Records,
&c. in any part of
Wales,
notwithstanding any Patent made to the contrary, with Clause of
Non obstante licet sit Wallicus natus
: and yet without question the King may grant with a
Non obstante
.
Thus far that Book, and I have transcribed the Book at large, that every body may see that the Kings Power of Dis pensing with such Acts of Parliament as restrain his granting Offices, stands upon a peculiar reason besides the general one; upon which his power of Dispensing with other Penal Laws is founded. And that if this be a pernicious Opinion, we are not to suffer as the first Authors of it. But lest it should be Objected, that this is my Lord
Cokes
single Opinion; or that the twelfth Report is not of so great Authority as the rest of his Reports are: The same is Resolved by all the Judges of
England
, (if my Lord
Coke
be a faithful Reporter) in
Calvin's
Case in the seventh Report, p. 14. in these words:
Every Subject is by his Natural Allegiance bound to serve and obey his Sovereign,
&c.
It is Enacted by the Parliament of
23 H. 6.
That no Man should serve the King as Sheriff of any County above one Year, and that notwithstanding any Clause of
Non obstante
to the contrary; that is to say, Notwithstanding that the King should expresly Dispense with the said Act; howbeit it is agreed
2 H. 7.
that against the Express Purview of that Act, the King may by a special
Non obstante
Dispense with that Act,
For that the Act could not bar the King of the service of his Subjects,
which the Law of Nature did give unto him
. This is Reported (unless my Lord
Coke
had a mind to deceive the succeeding Judges, and draw them in, to give pernicious Opinions) as the sense of all th Judges of
England
in King
James
his time, in the Exchequer Chamber.
And now I would ask, these Cases thus solemnly resolved, are they Law? Or are they not? If it shall be said that they are not Law? What Foundation have the Judges to stand upon? Or what certain Measures can they take in giving Judgment, either between the King and his Subjects, or between Party and Party: If so many solemn Resolutions by all the Judges of
England
in the
Exchequer
Chamber, are not to be relied upon? If they are Law; then I appeal to all mankind whether our Case does not come up in every tittle to the reason of those Resolutions: Whether the Act. of 25.
Car.
2. do not bar the King of the service of some of his Subjects; and whether therefore for great Reasons, and in particular Cases he may not dispense with it.
But besides the Authority of this Case, we have the constant practice, that this Statute of Sheriffs has been constantly dispensed with ever since it was made; and if those Dispensations
weer
not good, then all persons Convicted upon Indictments found by
Grand Juries
, returned by such Sheriffs, are illegally Attained; then all Pannels of Juries returned, and other Process executed in Civil Causes, by such Sheriffs, was altogether erroneous, and it is strange that no body in so long a time should hit that blot.
Obj.
The only Objection, that I hear, is made to this, by eminent men of our Profession, (who freely acknowledge the Authority of these Cases, and the Resolution in them, that no Act of Parliament can debar the King of the service of his Subjects, which the Law of Nature gives him, to be good Law;) is this, that say they, It is not the Act of Parliament that debars the King of the service of his Subjects in this Case, but it is the default of those Subjects, who will not qualifie themselves for his service, by doing those things that the Statute requires. But for a full and plain Answer to this, I say,
1. First, We are not now considering these Grants of Offices, as they are beneficial to the Subjects, on whom they are conferred, but as the King has an interest in the service of those Subjects; and it is a known Rule in Law, that among common persons, no man shall suffer by the default of another; much less shall the King be prejudic'd by the default of any of his people.
2. But Secondly, Pray where is the difference between an Act of Parliaments barring the King directly of the service of his Subject, and doing of it by necessary and inevitable Consequence? As, if an Act of Parliament were made that no Man that is Lame or Deaf should serve the King in any Office, though they were otherwise well qualified for it; the King were as effectually debarred of the service of such Subjects, as though they had been expressed by Name. I know it will be said, that these are Natural defects which the Subjects cannot help, but the others are Wilful Impediments, that may be removed, if they please.
But to prove that this is not so: I ask, Whether when the Act requires Declarations and Subscriptions to be made, it should be done
contrary
to a Mans Opinion, or
according
to it? Certainly no Man will say,
contrary
to a Mans Opinion, for that would be high Dissimulation, and more elude the ends of the Act, than not doing it at all. If then it must be done
according
to a Mans opinion, it is no more in any Mans power to change his Opinion, than to cure himself of Deafness or Lameness. Every Man believes, not because he will, but because he must believe. Error is a Disease of the Mind, as much as those beforementioned are of the Body. It is true, a Man may seek for Instruction, and use all means to be better informed; and so may a Man, in the other Case, try all proper Remedies to Cure his Distempers; but proper Remedies do not always effect the Cure, and often when they do, there is much time taken up in the Operation: and the King, who is in no default at all, loses the service of his Subject in the mean time: And if this Prerogative be, as my Lord
Coke
says,
Proprium quarto modo
, and that it belongs to our Kings, as he says
Omni, soli & semper
: The King can be no more debarred of the service of his Subject for a month, or a year, than he can be debarred of it for ever; especially since in that month, or year, may happen such occasions, which afterwards during the joint Lives, of the King that is to command, and of the Subject to be commanded, may probably never happen again.
Many other Cases of Acts of Parliament might be cited, as 8.
R.
2.2. That no Man should go Judge of Assize into his own Country. And 10.
E.
3. 3. That whoever has a Pardon of Felony, shall find Sureties of the Good Behaviour, or his Pardon shall be void; which Statutes have been constantly Dispensed with ever since they were made: but I resolve not to heap up all the Cases of Dispensations, but to confine my self to those that were, as they are before cited, the principal ground of our giving Judgment in Sir
E. Hales
his Case. Only after I have answered some Objections, I have two Authorities more to offer, which I take to be of greatest weight in this Case, and that is two Concessions of the Com mons of
England
in Parliament, acknowledging this power of Dispensing to be in the King.
But first, To answer an Objection or two that I hear is made:
1.
Obj.
This Act was made
pro bono publico
, and in the Case before-cited, of 11.
H.
7. The King cannot Dispense with a common Nusance; and this Case Dispensed with, would be as bad as Dispensing with a common Nusance.
Answ.
Tho this will receive an easie Answer, yet I shall avoid giving it in words or reasons of my own (as I do all along, because I know they would be suspected and misconstrued) but in the words of my Lord
Vaughan
; whom I cite the oftener, because every body remembers him, and it is very well known, he was never guilty of straining the King's Prerogative too high. In
Thomas
and
Sorrel's
Case: The chief Reason why the King can't dispense with a publick Nusance, is said by him to be, because every particular person that has received damage by it, may have his Action, which the King cannot bar.
Nor see I any reason
, says he, page 335.
Why the King may not Dispense with those Nusances by which no Man has right to a particular Action, as well as he may with any other offence against a Penal Law, by which no third person has cause of Action: from whence it follows, that if an Act of Parliament call an Offence a Nusance, from whence no particular damage can arise to a particular person to have his Action, the King may Dispense with such a nominal Nusance
.
Now to apply this to our Case, for exercising an Office without taking the Test, no particular person can have an Action, because no particular person can have any Damage by it, (for an Action, as an Informer, is not meant, that being the Case of all popular Statutes) and therefore the King may Dispense with it, before the Action brought: and in page 341. he explains this very well.
No Offence
, says he,
against a Penal Law could be Dispensed with, if the reason of not Dispensing, were because the Offence, is
contra bonum Publicum
, for all Offences against Penal Laws are such,
p.342.
though such Laws are
pro bono publico
, they are not Laws
pro bono singulorum Populi
(which are the Laws which the King cannot Dispense with, as will appear at large in the Concession of the Commons, 3
Caroli
, which I will cite by and by)
but
pro bono Populi complicati
, as the King in his Discretion shall think fit to order them for the good of the whole. In this Notion the Estate of every
Pater-familias
may be said to be
pro bono communi
of his Family, which yet is but at his discretion, and management of it; and they have no Interest in it, but have Benefit by it.
Obj.
2. But it is again Objected, that in Statutes that are
pro bono Publico
, in a less degree, the King may Dispense. But this Statute was so highly necessary for the Publick, that it could not be Dispensed with.
Answ.
To which my Lord
Vaughan
Answers in the Case before-cited.
p.
344.
1.
All Penal Laws, when made, and in force, are equally necessary, and in things necessary, there is no gradation of more or less necessary
.
2.
If any Penal Laws were possibly less Dispensible than others, those capitally Penal were less Dispensible than those less Penal. But it is not so: for Coining Money of right Alloy in imitation of the Kings Coin, is capitally Penal without licence, but it may be licensed,
&c.
It is capital to multiply Gold or Silver, by the Statute
5 Hen. 4. c. 4.
but may be licensed, as was done to
John Faceby,
tempore H. 6.
The Dispensation with a
Non obstante
to that Statute may be seen,
Coke, Placita Coronæ
fol. 74. cap. 20.
Obj.
3. But if the King have a Power to dispense with one, he may dispense with twenty, with an hundred, and so the Statute may become of little force.
Answ.
From the Abuse of a thing to draw an Argument against the thing it self, is no Consequence at all; it is, as is resolved in the Cases above cited, a high Trust reposed in the King, and if the King violate his Trust, there is never a one of his Prerogatives but may be abused, to the ruin of his People. To instance in one or two.
1. Every body will grant, that the King can pardon Murther and Robbery, yet if he should pardon every Murther and every Robbery that is committed, it were better to live with the Cannibals in
America
, than in our Native Country; and the Human Laws that are made to punish those Crimes, would be rendered of as small force and effect, as it is objected the Law in our Case would be by frequent Dispensations.
2. There is no doubt, but the King may create any Man a Peer of
England
, and thereby give him a Vote in Parliament; yet if the King should abuse this Power so far as to create ten thousand Peers, or confer this Honor upon every body that asks it, no doubt it were a total Destruction of the Legislative Power of the Nation. And yet in either of these Cases, (or in any other branch of the Kings Prerogative) if the Judges should judge the King had such a Prerogative, it were an unreasonable Objection, to say, These Prerogatives may be abused;
Ergo
the Judges have given a pernicious Judgment.
When we were to give Judgment in Sir
Edward Hales
his Case, we could neither know, nor hinder if we did, any ill use the King might make of this Power, we were only to say upon our Oaths, whether the King had such a Power or no, and for that we had the great Authorities above-cited, and two much greater than those; I mean two several clear Concessions of all the Commons of
England
in Parliament assembled, of this Dispensing Power to be in the King; and that not in a submiss complying temper, but when they were in a high Debate with the Crown (especially in the latter Case) about the Violation of other Laws.
And the first of these is
Rot. Parl. 1. Hen. 5. n.
15. and it is printed in
Rolls
Second Abridgment, Tit.
Prerogative
180. the Record is in these words,
The Commons pray that the Statutes for Voiding of Aliens out of the Kingdom, may be kept and executed: To which the King agrees, saving his Prerogative, that he may Dispense with whom he pleases; and upon this the Commons answered, that their intent was no other, nor never shall be by the Grace of God
. There were as great apprehensions of Dangers and Inconveniencies from Aliens then, as there is from Roman Catholicks now.
And afterwards, in the same Parliament, [
Rot. Parl. 1 Hen. 5. n.
22] when the Commons pray that the Statutes of Provisors, Statutes of the same Nature with this in our Case; (for they were made against the Court of
Rome's
encroaching Jurisdiction in
England
;) I say when they make the like Prayer, that these may be put in execution, being admonished by the Kings Answer in the former Case, they themselves insert in their very Prayer, a Saving for this Prerogative of the Kings, and then the King agrees to it.
But the plainest Concession of the Commons of
England
assembled in Parliament, was that 3
Caroli
, upon a Debate between the Two Houses, upon the Petition of Right; it is in
Rushworth's
Collections, First Part, as it was deliver'd by Mr.
Glanvill
, in a full Committee of both Houses of Parliament, 23.
May
1628. in the Painted Chamber: and that what he says as to this matter, may not pass for the single opinion of Mr.
Glanvill
, (tho he was a Learned Man) he in the presence of the Commons, addresses himself to the Lords in these words, p. 571.
Having thus reduced to your Lordships Memory the effects of your own Reasons; I will now with your Lordships favour, come to the points of our Reply, wherein I most humbly beseech your Lordships, to weigh the Reasons which I shall present, not as the sense of my self, the weakest Member of our House, but as the genuine and true sense of the whole House of Commons, conceived in a business debated there with the greatest Gravity and Solemnity, with the greatest concurrence of Opinions, and Unanimity that ever was in any business maturely agitated in that House
. And then coming to speak of the Point in question, he delivers the sense of the Commons in these Words:
There is a Trust inseparably reposed in the persons of the Kings of
England,
but that Trust is regulated by Law; for example, when Statutes are made to prohibit things not
mala in se
, but only
mala quia prohibita
, under certain forfeitures and penalties accrue to the King, and to the Informers that shall sue for the breach of them: the Commons must, and ever will acknowledge a Regal and Soveraign Prerogative in the King, touching such Statutes, that it is in his Majesties absolute and undoubted Power, to grant Dispensations to particular persons, with the Clauses of
non obstante
, to do as they might have done before those Statutes, wherein his Majesty conferring Grace and Favour upon some, doth not do wrong to others; but there is a difference between those Statutes and the Laws and Statutes whereon the Petition is grounded: By those Statutes the Subject has no Interest in the Penalties, which are all the Fruit such Statutes can produce (that is, to such Informer) until by Suit or Information commenc'd, he become intitled to the particular Forfeitures; whereas the Laws and Statutes mentioned in our Petition, are of another Nature; there shall your Lordships find us to rely upon the good old Statute called
Magna Charta,
which declareth and confirmeth the ancient Common Laws of the Liberties of
England.
There shall your Lordships also find us to insist upon divers other most material Statutes, made in the time of King
Edward
III. and King
Edward
IV. and other famous Kings, for explanation and ratification of the Lawful Rights and Privileges belonging to the Subjects of this Realm: Laws not inflicting Penalties upon Offenders in
malis prohibitis
, but Laws declarative or positive, conferring or confirming
ipso facto
, an inherent Right and Interest of Liberty and Freedom in the Subjects of this Realm, as their Birthrights and Inheritances descendible to their Heirs and Posterity: Statutes incorporate into the Body of Common Law, over which (with reverence be it spoken) there is no trust in the Kings Sovereign Power or Prerogative Royal to enable him to Dispense with them, or to take from his Subjects that Birthright or Inheritance which they have in their Liberties, by virtue of the Common Law and of these Statutes
.
I have the rather cited this at large, because it is a clear acknowledgment of the Kings Dispensing Power in as large a manner as we have adjudged it, and does at the same time vindicate it from one of the most clamorous, the most malicious, but withal, the weakest Objections that ever was made against it. By this Judgment say they, you have cancell'd all our Laws, and given up our Lives, Liberties and Estates, to be disposed of at the Kings pleasure. It is plain, that this is no Consequence at all; for the Commons here in Parliament, at the same time that they expresly grant that the King has undoubted Power of Dispensing with Laws prohibiting things that are not
mala in se
, but only
mala quia prohibita
, Laws that are made, as my Lord
Vaughan
expresses it,
pro bono populi complicati
; yet they utterly deny, as they had good reason to do, that the King can Dispense with one tittle of
Magna Charta
, or any of those other Laws whereby the Lives, the Liberties, the Interests of any of the Subjects are conferr'd upon, or confirm'd to them; for these are Laws
pro bono singulorum Populi
, which the King never can Dispense with. And as to this matter, I do not know whether it will be proper, but any man so sensibly touch'd in his Reputation, may be provok'd to commit some Indecencies. I must appeal to all men that have observed my Actions and Behaviour since I have had the Honor to sit upon the Bench, whether I use to be guilty, in Laws of this kind, to strain the Constitution of them for the Kings Interest. First, in such Laws wherein the Lives of men have been concerned, I confess, I have been scrupulous even to a Fault; for in some Cases upon Statutes that had been adjudged Felony by wiser and better Judges than my self, and it was highly for the Kings service they should be so, yet I could never give Judgment of Death, because I could not satisfie my own Conscience that those Statutes were now in force. And in other Cases wherein the Rights of the Subjects have brought in question, how strictly I have kept to that substantial difference taken by the
House of Commons
, that though the King in Laws of Government, in Penal Laws of a publick nature, has a power to Dispense in particular Cases; yet he cannot Dispense with Laws which vest any the least right or property in any of his Subjects; will appear by the Opinion I gave in the Case of
Magdalen Colledge
, (for the truth of which, I appeal to all that know any thing of the Transactions in that Case) wherein, when the Kings Right against the Colledge, was endeavour'd to be asserted by a Dispensation granted by himself, I utterly denied that Dispensation to be of any force at all, because there was a particular Right and Interest vested in the Members of that Colledge, as there is in the Members of many other Corporations, of Choosing their own Head. So far have I been from giving up all Mens Lives, Liberties and Properties to the
Kings pleasure
.
I had forgot to take notice of two or three Objections more that are usually made.
Obj.
First, here is a Disability, and the King cannot dispense with a Disability. As the Statute against buying Offices, the King, say they, cannot Dispense with, for that reason.
Answ.
There is the same Disability in the case of Sheriffs, and yet resolved that the King can Di spense in that Case, and the reason in the Statute of buying Offices, or sitting in Parliament without taking the Oaths, is because there is a Disability actually incurr'd, and when any person is actually disabled, he cannot have his disability taken off but by Act of Parliament. But in the Statute dispens'd with, in the Case of Sir.
E. Hales
, there is no Disability actually laid upon any man; but certain things are required to be done, and as a penalty for disobeying the Act, and omitting the doing those things required by it, the Disability with the other Forfeitures are to be incurr'd after Conviction. Now the nature of Dispensations being, as was shewed before, to make the thing Lawful to him that has it, which is unlawful to every body else; it does plainly prevent the committing any offence by that person, and consequently the incurring any Penalty or Disability at all. But in the case of buying Offices the person is disabled before the Dispensation comes, for he is disabled
ipso facto
by contracting or dealing for the Office. So the true difference between the Case of Sheriffs, and the Case of buying Offices is this,
That the King in the one Case can prevent the incurring a Disability, but cannot purge it in the other after it is incurr'd
. To illustrate this by a Case of the like nature,
The King may prevent an Attainder, but he cannot purge an Attainder
. If a Man has committed Treason or Felony,
the King by granting his Pardon may infallibly prevent the Offenders ever being Attainted, but after he is once actually Attainted, the King can by no means take off that Attainder, or purge the Corruption of Blood, but by Act of Parliament; provided the Judgement by which he is Attainted be not Erroneous
.
Obj.
But it is Objected, that these Laws were made for the Interest of Religion, and all Offences against Religion are
mala in se
, and therefore not to be Dispensed with.
Answ.
I Answer that true it is, all Offences that are directly against Religion, and as it is Constituted such by the Divine Law, are
mala in se
, and not to be Dispensed with; and in this Case the Parliament is bound as well as the King; for an Act of Parliament made against Religion in that sence is utterly void, as is instanced in
Doctor
and
Student
, of an Act,
That should forbid the giving of Alms upon any occasion
, &c. But Humane and Politick Constitutions, though made for the Interest of Religion, as they had a beginning, so they are alterable by the same power that made them; and therefore the breaches of them are in their nature
mala prohibita
, as was Resolved in the great Case of Dispensations, in 11
H.
7. abovecited, and instances given;
as the King may dispense with a Priests holding of two Benefices
: though the Laws against Pluralities were made for the Interest of Re ligion, and the better Edification of the people.
So the King may dispense with a Bastards entring into Priests Orders
, &c. These instances are taken for Law in that
Year-Book
.
But to all this I know it is said, that these high Trusts and Prerogatives might be always safe, and sometimes useful, in a
Protestant
Princes hands, who would faithfully discharge the duty of one that ought to be
Custos utriusque tabulæ
; but when these Prerogatives are asserted to a Prince who is of a contrary Religion to that Establish'd by Law, there would be always danger of their being abused to the prejudice or destruction of the Establish'd Religion.
To which I answer, that it cannot be forgotten that the Promoters of the
Bill of Exclusion
used the same Argument: If you leave him King, say they, he will have all the Prerogatives of a King, and those Prerogatives may be made instrumental to the ruin of your Religion; which could not be denied by the Gentlemen on the other side, who oppos'd that Bill. Their only Reply was,
Fiat Justitia ruat Cœlum
, it is his right, and we must not do evil that good may come; we must not do wrong, no not to promote the Interests of Religion its self. The same Argument that weigh'd with them to assert the right of Succession to the Crown of
England
, and consequently to all the Prerogatives together, was the Rule we had to guide us in giving Judgment in this Case concerning a particular branch of them. We must not break our Oath, nor give Judgment contrary to what seem'd to us to be Law, let the Consequence be what it will.
But it has been farther Objected to me, by some of my Friends, that, though I could not in Conscience have given Judgment against the King, being of the Opinion that I was, yet I should rather have parted with my Place, than to have given a Judgment even according to Law, which might be so prejudicial to that Excellent Religion that I profess; and of which when I cease to be, let me cease to be at all.
I Answer that neither in Prudence nor in Conscience I could have taken that course.
First, Not in Prudence; for I confess, that saying
Omnia dat qui Justa negat
; had great weight with me in the Case, and that I was of opinion since an incroachment of Jurisdiction was fear'd, there could not be a greater, nor more dangerous provocation to it, than for Protestant Judges to refuse to give Judgment for a Prince of a different perswasion, in that which we could not deny to be his Right.
And next in Conscience, I could not decline giving Judgment in this Case; for by our Oaths we are as much obliged to give Judgment one way or other, as we are to give what we think a righteous Judgment in all Cases that come before us.
It hath been Objected that all this was a Contrivance, an Informer set up, and all but a feign'd Action.
As to this matter, I can truly say that I don't remember that I ever heard of this Action, till after it was actually brought: but in this there seems to be no hurt or inconvenience at all. The Law is as well tryed, and settled in a Feigned Action, as in a True. There are Feigned Actions directed every day out of
Chancery
, to this very purpose, that great and difficult Points of Law may be settled by them; and why the King might not direct such an Action to be brought, to satisfie himself whether he had such a Power, and if he had, that the people might be satisfied, and acquiesce in it; I confess I see no difference at all. If there were indirect means used for procuring Opinions, or the like, I have nothing to say to it. I stand upon my Innocence, and challenge all the World to lay any thing of that kind to my charge. My part was only to give my own Opinion, in which, if either by misunderstand ing the Books that I have cited, or by drawing weak Conclusions from them, I have erred in the Judgement that I gave; how can I for this be charged as a Criminal? The Law neither supposes, nor requires an Infallibility in any of his Majesties Courts of Justice; it were very uneasie Sitting in them, if it did. We can but judge according to the Books that lie before us, and according to the measure of our understanding of those Books: we have not always so much light to guide us, as we thought we had in this Case. We often meet with Cases new and rare, and very ill settled by former Judgments, where we are forced to dig Truth as it were out of the Mine; to compare and distinguish, to skreen and sift, and gather the sence of the Law out of the confusion of disagreeing, and very often contradictory Opinions, as well as we can; and if after all our Labour and our Pains, we happen to be mistaken, it was never yet imputed as a Crime. The Judgment is Reversed in a Writ of Error, not only without any Accusation, but without the least Reflection upon him that gave it. Nor can a mistake in Judgment be more Criminal in a matter of a greater Concernment, than it is in matters of the least Consequence. It would be very mischievous, and very dangerous if it should: for if in questions of Prerogative, any mistake shall be made Capital on the one hand, when Judgment is given for the King; why succeeding Princes may not be as angry at any mistakes on the other hand, I cannot imagine. And when once affairs are come to that pass, there will be great encouragement for any Man, that can make the least shift to live without it, to undertake those very necessary, but very difficult, and very troublesom Imploiments; great freedom for Men to give Judgment according to their Opinion, and their Conscience, and great reliance upon the resolutions of those, who know they shall be sure to pay with their Lives and Fortunes, for any mistake of theirs, either to the King or the People, as either of them shall happen to get the upper Hand. For my own part I thank God I can say these two things: First, That for these ten years together, wherein (with very little intermission) I have Sate a Judge in several Courts, though I may be justly accused of my weaknesses and mistakes, yet I have never given Judgment in any one Case against the clear Dictates of my Reason and my Conscience. And the second thing is, That I never gave Judgment in any controverted Point, wherein I had so many, and so great Authorities to warrant it; as I have to warrant that Judgment which was given in Sir
Edw. Hales
his Case. And this I say, not to set up that Opinion again in a Pamphlet, which was so ill relished in a Court of Justice, nor to oppose my Sence to the Judgment of the Nation; for I think it is very fit that this dark Learning, as my Lord
Vaughan
calls it, of
Dispensations
, should receive some Light from a determination in Parliament, that Judges for the time to come, may Judge by more certain Rules, which Acts of Parliament the King may, and which he may not Dispense with; but I have cited those Authorities at this time in my own Defence, and for these particular purposes: in the first place, to shew,
1. That we are not the first Inventers of this Dispensing Power, but that it has been allowed without Controversie, to the Kings of
England
in all Ages, that they might Dispense with many Acts of Parliament.
2. That if our Judgment was erroneous, and that the King could not Dispense with that Act of Parliament, yet that Error was but an Error in that single Case, and had no such large and mischievous Consequences as is pretended. For that, because we Judged that the King could Dispense with that Statute, for others to conclude from thence, that therefore he had a Power to Dispense with all other Statutes, especially such as confer or vest in any of the Subjects any man ner of Interest whatsoever, in their Lives, Liberties, or Estates; or that, because the King may Dispense with a Penal Law, wherein a disability is annexed to the breach of it as a Penalty, and that Penalty not to be incurred before a Legal Conviction, and where the Kings Dispensation makes the thing Dispensed with Lawful, and consequently prevents any Conviction or Penalty at all: for others to conclude from thence, that therefore the King may Dispense with such Statutes, where a precedent disability is actually laid upon any Man, as there is upon the Members of both Houses, till they have taken the Oaths and Tests prescribed, and therefore without question is not in the Kings power to Dispense: I say, these are Consequences which may flow from the heated imaginations of angry Men, but have no warrant or foundation at all, from the Judgment given by us.
I have one thing more to say in my Justification, which is, that if I have been guilty of so hainous Offences as I am accused of, where is the Temptation or the Reward? If it was to keep in my Judges Place, which otherwise I might have lost; I can only answer, that if that were the Case, I then became the worst Man in the World, only to keep that, which, it is pretty well known, I was with much difficulty, by the persuasion of my Friends, prevailed with to accept: and for any other Reward, whoever is acquainted with the circumstances of my Fortune, will, I am confident, notwithstanding the false and idle reports, of I know not what great Reversions lately fallen to me, as easily acquit me of having been corrupted by the King, to give a pernicious Judgment in this Case, as of having enriched my self by taking Bribes in Cases between party and party.
All that I have to add more, is, that howsoever this that I have said in my Defence, may happen to be understood at present: yet I could not deny my self the satisfaction of having put in a Plea of Innocence at least; that whatsoever shall happen to me now, may perhaps meet with a more equal Judgment in after-times, since it ought to be much less uneasie to me to lose my Life, if any body be very fond of taking it, than to let the aspersions that are every day cast upon me, to pass in silence, or suffer my self to be transmitted to Posterity, under the Character of a Betrayer of my Religion, or a Subverter of the Laws and Liberties of my Country.
FINIS.
ERRATA's.
A LETTER TO A FRIEND, IN
Vindication
of the
Proceedings
AGAINST Sir JOHN FENWICK, BY
Bill of Attainder.
With some Remarks on his Printed Paper.
LONDON
, Printed for
Samuel Heyrick
, at
Grayes-Inn-Gate
in
Holborn
. MDCXCVII.
TO THE
READER
.
I Was never a very great Friend to
Apologies
; yet I find it necessary, at this Time, to make use of them. I do it for the satisfaction of such who may ask,
why this Paper came out no sooner
? and,
why, after such a Delay, it came out at all
? seeing the Business of it, as they conceive, is blown over, and the Town has fresh Subjects to talk of.
For the
First
, the
Delay
; a desire of seeing some Memorials not to be immediately had, and of discoursing with some Persons not every day to be met with; a great deal of other Business, and an expectation of something of this Nature from other hands; as they are true Suggestions, so, I presume, they make up a just Excuse.
Concerning the
Second
, the
Unseasonableness
of this Account, I take the confidence to say that it seems to me to be a very great Mistake. For there is a
Party
, (who know better what they are
against
, then what they are
for
) whose Heat, tho' very violent, is yet perpetual. This is evident to all who are either so curious as to enquire after the
Papers
they Spread abroad, or so unhappy as to engage with them in
Discourse
. The Matter is by no Means over with this sort of Men: The
Bill of Attainder
is their daily Subject. They are Transport ed with so great a rage against it, that for the sake of it, they declaim against all
Acts of Attainder
. Tho' the Memory of Queen
Elizabeth
is not, upon other accounts, much valued by them; yet, in
this Point
they represent it as the Glory of her Reign, that no
Act of Attainder
passed in it. I am not going about to justify all such
Acts
, or to plead for the
frequency
of them. But I would, upon this occasion, observe to the Men of this Faction, that Queen
Elizabeth
did pass such
Acts
; and that the last, which the late
King James
passed, was very far from the Reasonableness and Justice of either those in
Her
Time, or of this in King
William's
. Queen
Elizabeth
did,
in Ireland
, pass many
Acts of Attainder
; and, in some of them, great Numbers of Persons were included.
Act of
Irel. 11 Eliz. c. 3. 13 Eliz. c. 5,7. 27 Eliz. c. 1. 28 Eliz. c. 7,8.
And I cannot but take notice, that in the last
Act
, here cited, for the
Attainder
of
John Brown
of
Knockmontin, and very many others
; (I think in some of the rest too) the Stile runs thus:
"It may please your Highness for the
good preservation
of Your most Excellent Majesty's
Government
, and of the good
Peace, Unity
, and
Rest
of
all Us
Your most bounden and obedient
Subjects
thereof, the Lords Spiritual and Temporal, and the Commons in this Parliament Assembled, that it may be enacted by the Authority of this present Parliament, that the said
John Brown, John Bradah, &c.
be, and shall be, by the Authority of this present
Act, Convicted
and
Attainted
of
HighTreason
."
So that, in the Judgment of those Times, such an
Act
was not reckoned, Inhumane and Unmerciful, and of very ill Consequence to the Publick; but, a present Means to the Common Good. That
Excellent Queen, who was always the same
, could not look upon an
Act of Attainder
, as
merciful
in one Country and
unmerciful
in another.
The late King
James
, by an
Act
of a pretended Parliament, assembled at
Dublin, May
the 7th,
1689
, Attainted of High-Treason, above
Two Thousand Four Hundred
, of the Nobility, Gentry, Clergy, and Commonalty of
England
and
Ireland
(amongst whom as there were several Women and Children, so there were some Great Persons, now sitting here in the House of Lords,
viz. James
Duke of
Ormond, Robert Boyle
Earl of
Cork, John
Earl of
Mulgrave
); the List of whose mere Names fill no less than Thirty Pages in
Quarto
, close printed in Columns. Where now is the Impartiality of those Men, who will not suffer one hard Word to fall, which may censure King
James's
Act: whilst with all Bitterness they arraign this of King
William
? Yet in
This
the Legislative Power found it necessary (at least in one Instance) to exert it self; that Conspirators might not for the
future
, learn a Method of escaping from Justice, by
taking off a Second Witness
, by Bribery, Poyson, or other evil Means. The Consequence of such Encouragement would be, the endangering of our Religion and Property, and the bringing us to
Wooden Shoes
, and
Deities
, of a like Insensible Substance. To me it is manifest, that the
Legislative Power
proceeded upon the truest, and noblest Principles; I mean those of
Justice
to the Person and
Charity
to the Publick. These are founded on true, unbias'd, and (as I may call it)
dry Reason
; which is the Soul of Law: whereas the Pity which would save from Punishment such particular Persons as are Enemies to the Kingdom, and rather justify then acknowledg their Crimes, proceeds from a Judgment so
macerated in Bodily Passion
(as a great Man speaks) that it is both unmanly and mischeivous. The Mercy of such a Passion is cruel. It says, in effect, to the Chirurgion,
You Bloody and Barbarous Man, will you be so unmerciful as to cut off the Gangreen'd Arm? Rather then be so Inhumane to it, let the Body perish
.
I hope, that notwithstanding the Clamour of Men, transported with the Heat of Popish Zeal; the
Legislative Power
will always prefer the publick before the private Good: And the Character of
this Reign
will be
true Clemency
; which is on one side fenced against
Rigour
, and against
Remisness
, on the other.
A LETTER
Concerning the Attainder and Execution of Sir
JOHN FENWICK.
SIR,
I do not wonder to find you concerned to know upon what grounds the
Act of Attainder
was lately carried. The Debates were long, and the contradiction was great. Every thing that is unusual, and that in the first appearances, seems a strain upon Justice as well as Law, needs a Commentary. A short prejudice does sometimes seize one so strongly, that a long Discourse will be necessary to settle his judgment aright: and therefore I shall endeavour to give you as full an account of that whole matter as I have been able to collect, either from what I learned from the
Bar of both Houses
when all were permitted to come in, or from discourse in Conversation afterwards; which, I hope, will serve, without any additions or observations of my own, to help you to see this matter in a clear light, and to take off from your self or others, any Impressions that flying Reports or some short Papers may have made. It has been the more easie for me to procure you such an Authentical Relation of that matter as will satisfie you, because
both Houses of Parliament
did, upon this occasion, slacken their otherwise necessary Rules of having all their
De bates
with shut Doors, and only among themselves. They seemed in that to comply with the Methods of the Justice of this Kingdom; in which
Judges
argue and give their Opinions in
Open Courts
, and in the hearing of all: So, since they brought a Gentleman to a Tryal, they not only hear
Councel
and
Witnesses
with open doors; but, in most of their deliberations, they acted like a
Judicature
that was neither afraid nor ashamed to own what they did. But, to bring those Debates, of which I was so lucky as to hear a great deal, under some Form, I shall lead you, as they proceeded, by these steps.
I shall show you on what reason they proceeded by Bill in this Case.
2. On what reason they went out of the Common forms of Law in Inferior Courts, in some steps that they made.
3. Upon what grounds it was that they judged this Unfortunate Gentleman Guilty: and then,
4. I shall acquaint you with some passages before and at his Execution.
In stating these matters to you, I shall comply faithfully with your desire of knowing what was said of both sides, for, and against every step that was made: as far as I was able to collect from what was said.
It was in general objected that there were Laws, and Courts of Law where Offenders were to be tryed.
It was thought a thing of dangerous consequence to proceed against any by Bill, which might have fatal effects, even to the subversion of the Laws of the Kingdoms; which (if in any thing) ought to be observed most sacredly in what relates to the Lives of the Subjects.
It was said, that Factions might prevail in Parliament as well as elsewhere, and what was done at one time would be made a Rule or Precedent to warrant the like at another time.
It was alledged, that Subjects knew the Laws, and how to govern themselves by them, or when they must fall under them; but no Man could know what a Parliament might call or make a crime, and so no man could be safe.
It was yet more necessary that this should be certain in Cases of Treason, where the Punishment went not only to life, but to the corrupting the Blood.
By the great Statute of
Edward
III. the Overt Act must be proved. By that of
Edward
VI. there must be two Witnesses brought face to face: and all these securities were of late reinforced by the
New Act of Tryals in Cases of High Treason
; but all these would signifie nothing, if this Method were taken of attainting men by a Law. This was inforced with a variety of Topicks, as you see the Subjects can well bear them.
But in opposition to all this, it was said, that the Parliament had often proceeded in this method. Very many Precedents were cited of Ancient times; some of these were indeed afterwards condemned, but so were also the Proceedings at Common Law: for partial Juries and corrupt Judges are plagues that have visited us but too often. Therefore it was no derogation from Parliamentary Proceedings, to confess that in bad times they have been unjust and extreme.
Still the Authority was kept up, as that which had been reserved by the
Proviso
in the Statute of 25 of
Edward
III. and though that
Proviso
had not been made, the Nature of this Government of ours in
England
makes it.
It was indeed seldom to be made use of; but when enormous crimes broke out, against which no Provision had been made, Then a Law, as they thought, might declare the Nature of such crimes and apply a proportioned Punishment to them; so in King
Henry
VIII. time, when a Pot full of Pottage was poisoned in the Bishop of
Rochester's
Kitchen, of which some eating of it had died; poisoning was declared by an Act to be High-Treason, and the Punishment of it was to be boiled alive, and the Cook suffered by that Law; which was never censured by any.
When the Nun of
Kent
pretended to Visions, that revealed to her the unlawfulness of that King's purpose of Divorce and of a second Marriage, and that if he did go on to it, he should dye a Villains Death; the Parliament adjudged this to be the Crime of Treason against the King's Life and Crown, and condemned some to be attainted of Treason, and others of Misprision, for the share they had in it. This Sir
Thomas Moore
justified.
It is true, Attainders grew to be much in use during the rest of that Reign which was much and justly censured. These things ought not to come too often; the crimes ought to be enormous, and the Evidence ought to be so full that no doubt can remain of it: Many were then attainted upon Depositions produced without bringing the Witnesses themselves to be examined; the crimes objected were slight matters, some passionate words, some Coats of Arms, some pieces of Embroidery, as in the Case of the Countess of
Salisbury
and the D. of
Norfolk
; but the chief injustice of all was that Prisoners were attainted without being brought to answer for themselves, or to object to the Evidence laid against them. A Parliament was certainly under the eternal Laws of Justice, and therefore it was an injustice never to be excused not to admit men to speak for themselves. One Attainder past in
Edward
VI. Reign, when tho' the party was not heard, the Witnesses were heard; but when the D. of
Somerset
came to be Tryed both for Treason and Felony, he had not the benefit of the Accusers being brought face to face, but was proceeded against upon Depositions read in the Court; he was acquitted for the Treason but cast for Felony, and that occasioned the Act which the Commons Grafted upon a Bill sent down by the Lords in the subsequent Session.
In Queen
Elizabeth's
long Reign there was indeed no Attainder, but there was a very extraordinary proceeding supported by a Parliamentary Authority in a famous tho' invidious Case; and if a Parliament may supersede any of the common Forms of Law they may carry that as far as they see good cause.
In Kings
James's
time those who had been concerned in the Gun-Powder-Treason were by Act of Parliament attainted after they were dead, which was plainly against the Law; for when a Man dies, by our Law all his crimes dye with him.
In King
Charles
the First time the much talked of Attainder of the Earl of
Strafford
has been generally ill represented; he was attainted upon the Evidence of one Witness, who deposed that he had offered an advice to the King to bring in a Forreign Force to subdue the Kingdom; whereas all the other Witnesses said that by this Kingdom they meant no other but the Kingdom of
Scotland
then in Rebellion, no discourse being of
England
; so whether he said
this
Kingdom or not they could not say, but they understand it all to relate to
Scotland
. Now since the Relative
this
, tho' in general it belongs to the place where one is, yet may well belong to that which was the subject of the discourse, tho' this Kingdom in general is certainly this Kingdom, yet these words
this Kingdom
may be understood of that Kingdom of which they were speaking. The Execrableness of that proceeding was the attainting a man upon single Evidence when the sense of them was so doubtful, or rather on the contrary when it was so certain that those words were to be understood in another sense. It was therefore the injustice of the proceeding that is here to be accused, and not the proceeding by Bill. For it is hard to tell what any Parliament would do, or rather what it would not do against a Minister who upon their refusing to give all the supplies that were asked, should tell a King that he was absolved from all the Rules of Government, and might bring in a Forreign Army to subdue his People.
In King
Charles
II. time, some of the chief Regicides were attainted after their deaths and their bodies were raised and exposed to infamy, tho' no Law could reach that.
And in King
James
II. time, the D. of
Monmouth
was attainted in absence without assigning him a day to come in, and that upon a Slender proof. By this, not to run backward to ancienter Precedents, it is clear that Parliaments are in the constant practise of Bills of Attainder.
But to justifie such a way of proceeding two things are necessary. 1. The Crime ought to be of a high nature in it self; who will say but a Conspiracy to blow up the House of Commons, to blow up the Magazins in the Tower, or to burn the Fleet of
England
, tho' in themselves but misdemeanors, may be raised by a Parliamentary authority to be Crimes of a higher nature and so be punished accordingly, as poisoning was from being but Felony declared to be high Treason. 2. Another thing is that the Evidence must be certain, so certain that none can doubt of it. When these two are observed no injustice can be done; and certainly tho' forms are necessary for all the Inferiour Courts of Justice, yet the Supreme Authority is above them, and is under no other rules but the rules of Justice and Equity.
This Government has a peculiar felicity belonging to it, that it admits of no Torture; every one will acknowledge that it is a felicity, and it is so peculiar to us that no Government now in the World, the freest not excepted, has shut it out, but this only. But to ballance this when Cases happen of great consequence, and notoriously evident, in which all the ordinary forms of Law cannot be observed, the legislative Authority may and must interpose, otherwise the Publick might be endangered by too scrupulous an adhering to forms.
The
Romans
who of all Nations both understood Liberty the best, and liked it the most, reckoned that sort of Justice was indeed never to be departed from; but their Laws might be superseded; sometimes they put all in the power of the Consuls with a
viderint Consules
, &c. when the danger was more extreme a Dictator was made in whose breast all the Laws were lodged. In great Cases the People judged and sometimes in a very summary way with great regard to Justice, but little to Law, when it seemed to stand in the way of Justice: And yet in all the time of liberty, there were not above three condemned for affecting to make themselves Masters of their Liberties.
The
Portian
Law had secured all the
Roman
Citizens from Capital Punishments, yet a few years after it had passed, a whole legion having perfidiously fallen in upon
Rhegium
, the
Romans
without regard to that Law put them all to death, such regard had they to Justice.
In all free Governments, there are extraordinary methods for extreme Cases, and tho' Courts are justly put under Rules yet that superiour authority is above all. Such were the
Dicta tors
at
Rome
, such are the
Inquisitors
at
Venice
(not the Ecclesiastical but Civil Inquisitors) such are the Chambers of Justice among the
Grisons
, and among all out of
England
upon a credible tho but single Evidence Torture is made use of.
In
England
Tryals of Treason went at first at large by the Common Law, till the Statute of
Edward
III. hath both limited the Crimes and the Evidence. This had still a reserve in it for a Parliamentary proceeding, which amounts to this, that as to Evidence, Parliaments may proceed as Juries do in case of Felony to cast the Party upon a single Evidence with strong Presumptions, and that as to the Nature of Crimes such actions as do in their own nature tend to the destruction of the Government, tho' not enumerated in that act, may by them be declared to be High Treason. There is no occasion for this in the present case; that is, for declaring it by any new Act to be Treason; The inviting of a French Army into
England
being certainly High Treason.
As for its being a Precedent, it is, only a Precedent to a Parliamentary proceeding. When any Parliament has a mind to proceed in this way, they have already Precedents enough: A new one after so many does not make the matter much stronger. If they had none at all, their supreme power sets them above all forms and rules except that of real Justice. They must take care of the publick, and secure it from danger. They must not put an innocent man to death upon no account whatsoever, that were murther in them. The greater their power is the more careful they ought to be in the use and application of it.
England
is safe while in the hands of a Parliament. They are in their own hands, in the hands of their Representatives. But if ever the Nation is so unhappy as to make a very bad choice, it must perish, whether a body so ill composed had Precedents or had them not for what they were about to do. This great Authority must be applyed with great care and caution. The nature of the fact must be enormous, and highly so (as has been before observed) otherwise it does not deserve their regard, even tho' it might be very criminal: And what can be more enormous than to treat and send Messages to invite over a
French
Army? It were invidious as well as it is needless to aggravate this which carries in it all the miseries imaginable that can happen to a Nation, and that from our being the happiest would soon render us the miserablest Nation upon Earth. We have all seen during the progress of the War, a Body of unnatural men among us that were visibly favouring our Enemies in instances that have been too publick and scandalous to need to be insisted on. To these we may justly impute both the length of the War, and the dangers we have been in, of being twice surprized by Forreign Invasion from
La Hogue
and
Dunkirk
. To this all the dangers the King's Person has been in of Assassinations may be also ascribed; and with respect be it said, the assassinating the Kingdom, to which the other was to make way, was much the blacker Crime. Confusions among our selves, tho' they may throw us into great Convulsions, in which our Kings may have a very dismal share, as happened in the late Wars, yet they may have their
Crisis
. The Nation came again to it self in the year 1660. and all things returned to their former State. But a Forreign Conquest enslaves us and our Posterity for ever. And whereas it was said by the Councel for the Prisoner, that this Gentleman was not so considerable that the safety of the Government could be in danger by his means, and that therefore it was not necessary to proceed against him in so extraordinary a manner; which was urged in words not very decent, expressing a contempt of a man of Birth and Quality: But to this it was answered, that the Crime and not the man were to be considered. The inviting over a
French
Army was so heinous a thing, that on whomsoever it fell it must fall with all its weight. It must not pass over as a slight matter
.
besides that
;
he at the Head of the 2000 Horse that were promised was not so inconsiderable. If such Invitation had encouraged the
French
to undertake the Invasion last year, that was so near proving so fatal to
England
, such a Crime being of the highest nature is very proper for the Supreme Au thority to proceed in; sure they may be defects in the Evidence, which the Courts of Law cannot and ought not to supply. And, as to the evidence, this ought to be laid down for a foundation, that it ought to be certain, such as no man doubts of, or can well make himself doubt of; for if there appears no more but a just suspicion after the whole is taken altogether, certainly in that case the Prisoner ought to be acquitted. But if the Evidence comes so home, that if a Jury were to try one for Felony upon such proof, it cannot be supposed that they would go from the Bar, then, tho' there should be such defects in it, that by the rules of Inferior Courts, and by the Law lately passed, a man could not be reached upon it; here would be a strange return to the Crown for passing such a Law, in which a particular Exception was made as to proceedings upon Impeachments, or other proceedings in Parliament, if upon new and strange
Emergencies
, and when we were so lately in such visible and imminent danger, the Parliament would not proceed according to that power, that was inherent in it, and had been ever reserved to it. They were to arrive at Justice whatsoever might lie in their way. Justice was still to be sacred: God forbid an innocent man should suffer; but he was a wise King as well as an inspired Writer, who had made the acquitting the Guilty, a Crime equally odious with the condemning the Innocent.
Thus I have given you as fully as I could gather it, the summ of the Argument as to the matter in general. This was the finest part of the debate, and that of the most lasting use; here it was (as far as I could collect) that the much greatest part of those that liked not the Bill did stick: for besides the aversion that all men have for medling in Blood, many thought this might be made a common practice. They could not see how far it might go; and therefore thought it safer to let the Bill fall, then to revive, or, at least, fortifie that which might become very dangerous in its consequences. For I am apt to think they had no concern for
Sir John Fenwick
, and did not doubt of his guilt, only they had an aversion to the Precedent: And of those who argued for it, I know diverse, who had great tenderness for the matter, and much for
Sir John
in particular: But since they thought the thing just in it self, the circumstances of Affairs both at home and abroad, made them conclude it to be necessary to pass a Bill of that nature when it was once moved; since the rejecting it would have given great Cause of Triumph to our Enemies, and must have very much disheartened our Friends and Allies. This was not to be considered, 'till the Justice of the point was first setled; for that would be, as if a man were to die, because it was expedient he should die: but if it appeared to be just, then the expediency of it had great weight as to the passing the Bill.
The
second
Head of which I promised to give you an account, is the reasons on which some steps were made out of the common Forms of Law. It was first in general urged, that here in a matter of Judicature the Commons assumed an equal share with the Lords, and more particularly, that they who could not so much as tender an Oath had yet judged a man Guilty of Treason, which seemed contrary to natural Equity. To this it was answered, it was certain that in the way of Judicature the Commons could only be the Accusers, and the Lords were the only Judges; but when they proceeded in the way of Legislation, both Houses must concur. This was the fate of all Bills of Attainders; some of these Bills were begun in the House of Commons. In
Henry
VIII. time, tho the Bills began in the House of Lords, yet several persons names were added by the Commons, which was the beginning of it as to those persons. That of the
E. of Strafford
was begun by the
Commons
, so was also the latest
Precedent
, that of the
D. of Monmouth
. It is true the Commons cannot tender an
Oath
, yet matters of Justice do oft pass upon a bare deposition where the Law do's not suffer an Oath to be tendred. So the acquittal in
Tryals of Felony
, and, till the late Act was past, in
Tryals
of
Treason
, was upon
Depositions
that could not be upon Oath: Yet they might be believed, and Juries must give their Verdicts upon them if they believe them; so the Commons believing the Depositions might upon these pass the Bill, tho no Oath could be tendred.
Another step to which great exception was made, was
the
reading of
Goodman's Deposition
. It was said this could not be admitted by Law. The Prisoner could not have the advantage of cross examining him, since he did not appear face to face as is required by Law; nor was it proved that
Sir John Fenwick
, or any impoyed by him, had any way persuaded
Goodman
to withdraw himself: It would be of very consequence if a man so accused should be condemned; for by this means a Witness, who, if produced
Viva voce
to accuse a man, could not hurt him, being found insufficient to convict him, yet should have more power to hurt him by his absence than if present.
To this it was Answered, that it was a known maxime, that the Practice of Parliament was the Law of Parliament: and the constant practice anciently had been to read
Depositions
. It is true, they were afterwards to consider of what importance such Depositions were, and what stress was to be laid on them; therefore there was Precedent enough for reading them, yet in Justice they ought to weigh every thing that could be offered to derogate from their credit: as they were to hear every thing that was offered to defame him or to lessen his credit. Might it not be urged as well against the Attainting men after they were dead, that they could not cross interrogate Witnesses, nor offer Proofs for their own justification. In such Cases there must indeed be such a fulness of proof, that it may appear that all exceptions are vain allegations, and no great weight was to be laid on such objections.
Another step was the examining the Grand Jurymen, who had found the Bill against
Sir John Fenwick
, as to the Evidence, that
Goodman
had given before them against him. Those who had been of Mr.
Cook's
petty Jury were also examined as to the Evidence that
Goodman
gave in that Tryal. The
Kings Council
moved this, that by it, it might appear that
Goodman
had been always constant in his Evidence.
But to this it was objected, that it was against the Law: Those of the
Grand Jury
were under an Oath not to reveal the secrets that were before them; whatsoever was sworn before them was all to be examined over again in the Tryal; so, that could not be brought as part of the Evidence, and those who had tried another man were not to be brought as Evidence, as to what had passed in a Tryal to which
Sir John Fenwick
was not a party. It was also observed that those Jury-men varied in the report they gave of
Goodman's Depositions
.
But to all this it was answered, that Evidence might be brought to prove a presumption as well as to prove the main thing in issue. For since
Goodman
was gone, if any use was to be made of his Evidence, it was a strong presumption either for or against it, if it should appear that he was constant or, that he varied in it. The Parliament was now
searching
to find out truth: so every thing was to be followed what might help towards that. They were afterwards to consider what use they might make of it; so tho' it might be against the Forms of Law, yet in the way in which they proceeded at present, it was very proper for them to examine into it. As for the
Oath
of
the Grand Jury to keep the Evidence secret
, it was an Oath in favour of the
King
; that so the Evidence might not be known to the Prisoner , till he should be brought to his Tryal. Since therefore this was an Oath to the King, they who were brought thither by his Council were freed from the obligation of it; and since this was indeed
Sir John Fenwick's Tryal
, the end of the Oath was already Answered, so that it did not bind them to conceal the Evidence that had been given before them.
As for those who had been of
Mr. Cook's Jury
, their Oath was not to be Evidence against another Person; It was only a Circumstance that might direct them to judge what value they ought to set upon
Goodman's
Depositions. As for the diagreement that might be among them, the Jury-men themselves, when first called in, declared they could not be positive in it as to the particulars; because it was a good distance of time, and they had not sufficient notice to think and recollect. And as to the disagreement, it was not in the charge it self, nor the matter alledged against Sir
John Fenwick
, but it was only in some small circumstances, in which men might vary who had heard the Deposition but once; and so, are not like a Witness to a fact, that he has seen or known, which he is supposed to reflect oft upon; nor do they consider more upon such occasions, than whether the Evidence is so well made out, that they can give a general Verdict upon it.
They therefore might misremember themselves as to some particulars which were of less consequence, that would undoubtedly be observed when it came to be debated how far
Goodman's
Evidence was to be made use of, or to be depended on; which was afterwards little insisted on, and seemed rather to be brought to shew the fairness of the proceeding in the whole matter, than to draw any Inferences from it to hurt the Prisoner.
I come in the next place to tell you what the Evidence was, upon which Sir
John Fenwick
was believed Guilty. I need not report Captain
Porter's
Evidence, it being so oft in Print, as to this particular, both in Sir
John Friend
's, in Sir
William Parkin
's, and in
Peter Cook
's Tryal. All that was special here was, that he said that the Lords left the rest of the Company about Five of the Clock, but he could not tell whither he went when he left the House, nor whether he went home that or some following Nights. All the People of the House where they dined were examined, who all deposed, that they were often coming to the Room where that Company was, the Doors being all the while open; that they saw not
Goodman
there, nor had ever seen him there, as they remembered at any time; they believed he could not be there at that time. They also said that the Lords went away about Four of the Clock, and to that particular divers others Witnesses were examined, who all agreed that it was about Four; so tho' some of these Witnesses were not much considered, yet that matter seemed to be agreed on, that they left the House about Four of the Clock; whereas
Porter
sware it was about Five.
A Record of Man-slaughter
was also brought to lessen
Porter's
credit; and whereas he said he could not tell when he went home, it was urged, that from thence it must be concluded he was drunk, and so could be no proper Evidence to what past when he was in such a condition; some disagreement was also observed in the Printed Tryals between the Evidence he gave as to
Charnock's
coming to him after his return from
France
; in one it being that he came to him after his Confinement to
Newgate
, and the other after he was freed from his Confinement. This was much insisted on, and upon this it was said, that as he was the single Evidence, so he was a very doubtful one. To all this it was opposed, that by one unquestionable Evidence it appeared, that
Goodman
had once dined in the House with Sir
John Friend
, so he was known to the House; and by another it was proved that he had given direction to call for him that very day at that House, so little credit was due to the People of the House. As for the hour of their parting, when the days are so long as in
May
, no man can be positive to an hour except some circumstance oblige him to attend to it. A man may think it is
Five
, when it is but
Four
; time seemed to move quicker or slower as People were in hast or weary; so no stress should be laid on that. It is but an Inference that he was Drunk, because he did not remember when he went to his Lodgings; other considerations besides that might make a man, who was too much a libertine, not be able to give an account of himself. The record of Man-slaughter did not at all affect his fame or credit in what he Deposed upon Oath.
The varying in the Tryals was occasioned by the difference between the
Short-hand-writers
, one had Writ all the Depositions one way, another had varyed in some. The Witnesses had complained to my
Lord Chief Justice
, after the
Tryals
came out, that their Depositions had been wrong taken; one of the
Short-hand-writers
was not placed so advantageously as the other; besides that the mark in
Short-hand-writing
that distinguishes between these two
after he was confined
, or
after his confinement was over
was so inconsiderable, that the exactest Writer might mistake; so the insisting so long on this was much wondred at.
Upon the whole matter it was said, that though a bad man was at first a doubtful Witness, yet after so many Tryals, so great a canvassing find matter to object against him, and that not one point he had sworn was ever disproved, or so much as denied, by any who had died upon his Evidence; all this confirmed his credit beyond the possibility of calling it in question.
They who had suffered, had studied to cover the Late King all they could, and denied that they had seen any Commission from him for Assassinating the King; but in this they did not contradict Mr.
Porter
, he spoke not a word of a
Commission to assassinate the King
, but only of a
Commission to attack and seize his Person
, which none of them denied.
If in any circumstances he had sworn wrong, they to discredit him, and to save their Friends, could not have omitted to deny and contradict it. This not one of them has done: Sir
J. Friend
and Sir
W. Parkins
had this very matter objected to them, it was a part of the Evidence against them, yet they died without denying it; which is not possible to suppose they would or could have done, if it had been False; since it would have discredited the Evidence, and so have been a means to save their Friends. This is the nature of a violent Presumption, which really goes further, to satisfy a Man's Mind, than ten Witnesses; for one may suspect them all how full or home soever they may swear: but this forces it self so upon a Man, that it determines his Assent, he believes it because he cannot doubt of it; and therefore they concluded that Capt.
Porter
was not a doubtful Witness, but an undoubted one, since his Evidence was fortified with so many violent Presumptions as every one of the dying Men had given to it; but most particularly by what
Friend
and
Parkyns
had said, who justified themselves in what they had done, but denied no part of that which was objected to them. This is more than any Jury in Cases of Felony would require to determine them to bring in their Verdict, and so must be enough to determine the Houses of Parliament.
Goodman's
Evidence was not much insisted on. It was proved that he had been a common High-way-man; a Record was brought of designing to murder two of the Dutchess of
Cleveland's
Sons; besides most horrid Blasphemies, that could scarce be heard with Patience. It was not proved that any in Sir
John Fenwick
's Name had practised with him to withdraw, so it might be presumed that Horror for his false swearing might have been his Motive. To all this it was said, that tho it appeared that he was a very wicked Man; yet since these Persons, as it was proved, had kept him Company much, they made him a more creditable Witness against themselves, than he could be against any other Person. The concurring Circumstances in this Matter gave Credit to his Testimony; for as to Black Things, very wicked Men, when supported by other Presumptions, must be credited, since such Persons are the only proper Tools to be imployed on such occasions. It is true, it was not proved, that any in Sir
John Fen wick's
Name had practised on him to go out of the way: But a Practice of corrupting
Porter
to go out of the way had been fully proved; in which Lady
Mary Fenwick
, and Sir
John's Sollicitor
, had been concerned; which gave a strong Presumption against him, and a just cause of Suspicion, that he was also concerned in the withdrawing the other Witness: But that was only a Suspicion.
Another Practice that was proved to be carried on to discredit his Evidence was also brought as a Presumption; but that gave only occasion to another Suspicion as to the withdrawing of
Goodman
: So the Business of
Goodman
was little insisted on.
Another Matter was more urged; when Sir
John
was first taken, he writ a Letter to his Lady (which was taken from the Person to whom the conveying it was committed); in it, besides many other Directions, (by all which it appeared he looked on his own Cause as desperate) he advised her to try, by Money, to gain some of the Jury, to
starve the rest
; and added,
that or nothing must save
me
. This was then brought to the
Lords Justices
, (as was testified at the Bar of the House of Lords): And upon his first Examination before them, in which he denied every thing, they told him he was not of that Mind when he writ that Letter, which was then shewed him; to which he said nothing, but laid it down, and was silenced by it: That was considered as an implicit confessing of it.
Some thought to have taken off this, by saying it was like the proceeding in Col.
Sidney's
Case, upon the Similitude of Hands; but the barbarousness of that Case was, that a Book found lying in a Man's Study, writ many Years before, was brought to supply the want of a Second Witness, of a Treason of a few Months standing. It could not have been denied, but that if there had been Witnesses against
Sidney
, tho doubtful Ones, it was a violent Presumption to support their Credit; If it appeared by a Book of his own writing that he thought Kings might lawfully be put to Death. This was not urged as an Evidence but as a violent Presumption, that Sir
John
knew himself Guilty, and such certainly it was. But as
Sidney's
Case was urged, so the Lord
Russell's
Case was also insisted upon, which had been ever thought hard that upon some transient Discourses he had been condemned, and it was alledged that these were only Discourses at a
Tavern
; But there was a vast Difference between the
one
and the
other
. In the L.
Russell's Case
there were only Discourses of the feasibleness of Seizing the
Guards
, but nothing was resolved on: And not one word was sworn to have been spoken by him. Whereas, here, a Messenger was agreed on, a Messenger was sent to invite over a
French Army
; which were plainly
Over't Acts
.
The last thing
I shall take notice of is, the Delay used by Sir
John
, after his Apprehension; According to the Contents of the Letter to my Lady
Mary
(which was talk'd of in
Kent
soon after 'twas written), very Sedulous Endeavours were used to have his
Tryal
postpon'd; That seem'd to be upon some Design, which he trusted to more then his Innocence.
Goodman
having been Apprehended, and Evidence having been given by him against Sir
John Fenwick
before a
Justice of Peace
, the
Grand Jury
; and
Petty Jury
, upon the Tryal of Mr.
Peter Cooke
, who was Condemned upon that Evidence: They saw that what was sufficient to Convict Mr.
Cooke
was sufficient to Convict Sir
John
; the Evidence being as strong against the one as the other.
Now what Course could be taken? One was a Pretence to make a Discovery, and to get time by sending a Letter over Sea to the King; in which ('tis said) he informed against several, both Lords and Commons, only upon
Hear-say
: In the mean while saying little that, after the Act of Grace, could touch his own Party, tho it might be presumed he knew more of them then others.
Another Artifice (and which all this Train seemed to lead to) was to prevail with
one
of the
Witnesses
to withdraw.
Porter
was first tryed; but he was not to be dealt with (as they perceiv'd): No Money would buy him off, nor was he to be wheedled, or frighted.
But at length, by some Means (and what they were, we may guess by their Attempt upon
Porter); Goodman
went out of the way.
Which being effected, Sir
John
was safe (since the late Act requires two present Witnesses)
for without a Bill of Attainder it was impossible he could fall under the Sentence of Death
, as he sayeth in his
Last Paper
.
This was a more effectual Course then to get
Two or Three who could starve the rest of the Jury
: So he gives Direction in his Letter to my Lady
Mary
, if my Memory does not extreamly fail me; adding,
That or nothing can save me
.
This, Sir
John
depended so much upon, that, upon
Goodman's
Absconding, he let fall his Pretences of making a Discovery for the present.
But this Bill having passed the Commons, was brought up to the Lords; where after a full and long Debate, and before the
Third Reading
, Sir
John
was askt what he had to say; he desired (as I was informed)
three Things
.
1. That (according to what had been at first promised by the Lords) what He should say in that Court might not be made use of against him in any Inferiour Court; and also that he might have an Assurance of it from the
King
(for so he all along called him, tho the Paper-writer gives Him no other Title then
Prince of Orange
)
2. That he might have a
Pardon
before he Confessed.
3. That he might not be made use of as an
Evidence
after it.
The King was Petitioned by the Lord for the
First
, and it was granted.
The
Second
(it seems) was thought unreasonable; but yet (as I have heard) so far complyed with, that he was told, If he made such a Confession as would be satisfactory to that House, they would therein also intercede with the King; and bid him rest assured that they did not then doubt of the King's Favour, as to both the Last.
But he did not think himself Secure, as he said, and so the Bill passed.
Thus I have given you, in as few Words as I could, the summe of this long Evidence: What remains but to consider the
Circumstances
relating to it, so far as I was enabled to learn.
One main part of which was a Petition delivered by the Lords, at the Lady
Mary's
Request to the King, for a Suspension of the Execution for
eight Days
to which the Narrative was annexed, signifying that when time was he had saved the King's Life; and besides it was alledged that he wanted the Assistance of a Divine. The Former was of no force, for this Act (which he now challengeth to himself the benefit of) was a Year before the last intended Assassination, and the Assassines were such as he freely and intimately Conversed with afterward; and yet he gave no Notice of it to the King nor to any one else that I could hear of; which if he had, Sir
John
would most certainly have made use of this Pretence in the Paper delivered to the Lords, and at his Death have justified himself upon it. The Neglect of which before, and the Omission of it afterwards, gave too great reason to suspect that it might be with him as it was with
Lowick
and
Rockwood, who abhorred the Fact
, but thought themselves however obliged, contrary even to their own Sense,
to obey Orders
;
Vid.
Rockwood's
Tryal
, pag. 52.
according to the Commission which
Crosby
assured them he saw Signed by King
James
at St.
Germains
, and was sent away for
England
before he came from thence.
So
Knightly abominated the Thing as much as any Man Living; yet under some honourable and fair Pretence became so far engaged, that by a mistaken Notion of Honour he thought he could not retreat without the Infamy of Cowardise
; to use his own Words which were
read in Court
, when he came to be tryed.
The latter Pretence is frivolous [
That he had no Ministers
,] for (I have been credibly informed) that he had first of all the offer made of any of the Clergy that had taken the Oaths; and among the Bishops, such as had dissented about the Bill of Attainder. And when that was not accepted, he had his choice of three or four Non-jurants; and by their Refusal had made it necessary to the Government to permit none at all, or the late Bi shop of
Peterborough
only; since the others that were Nonjurants refused to attend him; upon pretence that they might have the Oaths tendred them, and so stand convicted: A Pretence that Dr.
White
and all the Non-jurants were alike liable to: But surely when they might have had leave from the Government to go, they might as well rely on the Justice and Honour of the Government as live under the Protection of it.
I come now to the last part, which I promised, which is to make some
Reflections
upon the
Paper
which he delivered to the
Sheriff
.
Of what stamp this writing is we may easily judg. The Artificial Contrivance of it, the little Avoidances, and Cautions stuck in every where, shew that they are not the words of one that had
no Talent in writing
, nor the free and undisguised thoughts of one that was immediately to dye. He professes to dye in the Communion of the
Church
of
England
; but whether this Paper be consistent with the Simplicity and Candour taught and required by that Church, especially in our last Hours, let the
Reader
judg.
It doth not mightily concern the World to know what Religion Sir
John Fenwick
was of. I know no Perswasion over zealous to challenge him as theirs. I fear he was rather of a
Party
than of a
Religion
; and that was the Cause he died in. I acknowledg there was a Design of a Party to have made him a
Martyr
, as they had contrived it: If the Second Petition offer'd to the Lords had been received without Alterations, and when presented to the King, had been entirely complied with. If he had been respited for eight Days, according to the Petition, he had then suffered on the 30th of
January
, the
Anniversary
of a Noted
Martyr
of Blessed Memory; with whom he was not fit to be so much as
named the same Day
.
He saith,
My Religion taught me my Loyality, which, I bless God, is untainted: And I have ever endeavoured, in the Station wherein I have been placed, to the utmost of my Power, to support the Crown of
England
in the True and Lineal Course of Descent without Interruption
.
Now I would know what is meant by the
True and Lineal Course of Descent
? If he means thereby the next in Blood without any Interruption, where is this always to be found? not in our
Histories
, nor in our
Laws. Edward
the
Confessor
(whose
Cross
was some years since so much reverenced by the late King, and who himself was esteemed a Guardian Saint) broke that
Lineal Descent
both in
taking
the Crown and
leaving
it at his Death; and whatever is due to the
Blood
, was never thought
absolutely
due to the
Person
, nor to the next in this
Lineal Course of Descent
.
Neither our Religion nor our Law teaches such a kind of Loyality. It is not our Religion but the Law that determines our Loyalty as to the particulars of it; and so far, such as our Law determines our Loyalty to be, such doth our Religion determine it. Now what Law is there to keep a Prince by violence from leaving his People? That requires us to support the Crown on him, that will hold it upon no other Terms, than that his Will and Pleasure may be above it? What Law that obliges us to adhere to and assist
Him
, that, contrary to our Oaths of Allegiance and Supremacy, as well as those at his own Coronation, will Subjugate his People to a Forreign Prelate or Potentate? And that would put himself wholly in the Power of such a Prince, whom above all in the World his People had no reason to expect Favour from? I know no such Law, nor any such Church of
England
that teaches such Loyalty, in any of those Books that are the Standard of it. And yet this is the Loyalty he (as he professes) dies
Innocently
for, and which he endeavoured to the
utmost of his Power to support
.
But farther, who is concerned in this
True and Lineal Course of Descents
? it is, in his opinion, the pretended
Prince of Wales
; whom he prays for in the Conclusion, and of whom he saith,
it is impossible the Nation should prosper, till the Government is settled upon his right Foot
.
A Pretence which their way of Proof made at the best very doubtful. And we know, who once said it, that
in dubiis melior est conditio possidentis
. Certainly we shall be upon a very wrong Foot if we depart from the
Act of Settlement
.
He goes on,
As for what I am now to dye, I call God to witness, I went not to that Meeting in
Leadenhall-street
with any such intention, as to invite King
James
by Force to invade this Nation; nor was I my self provided with either Horse or Arms, or engaged for any number of Men, or gave a particular Consent for any such Invasion, as is most falsely Sworn against me
.
But what is become of the other Meeting at Mrs.
Montjoy's
? that's perfectly dropp'd. And as for this at
Leadenhall-street
, that he cannot deny; nor doth he venture to call that part of the Evidence in question, which speaks to the Time or Persons, or the Matter then discoursed upon.
But what hath he then to say? He came not thither
with any intention to invite King
James
by Force to invade this Nation
. Was this sworn against him? It was not the
intention
before hand, but the Subject matter of the Discourse that was proved upon him; if there was nothing of that Kind, no Design formed, no Message or Messenger sent to invite King
James
, that is as soon denied as the
Intention
. But of that not a word.
But, however, he betakes himself to another Shift,
viz. He was not himself provided with either Horse or Arms, or engaged for any number of Men
. A very doubtful way of Expression.
He was not himself provided
; but what need was there of a present Provision, when the Service was to be at some Months distance? or what if he was
not himself provided
, if it was to be provided for him? What need of any such Provision, when (as it was confessed) they were upon the Instant to seize Horse and Arms when occasion should be. And so it was formerly in the
Gunpowder-Treason
.
He saith, he was
not engaged for any number of Men
; but was he not one of those that were to raise 2000 Men in the gross, and it was not necessary the
Quota
of each particular Person should at that Meeting be set out.
He goes on,
Nor did I give particular Consent for any such Invasion
; that is not so charg'd upon him. All rose up and said to
Charnock, Yes you may
. Whether it was general, or whether it was a
particular Consent
, is not the Point. The
Consent
it seems is not denyed; And then where the Perjury is we are yet to seek.
He proceeds, and
I do also declare, in the presence of God, That I knew nothing of
King
James's coming to
Calais,
nor of any Invasion intended from thence, till it was publickly known: And the only Notion I had that something might be attempted, was from the
Thoulon
Fleet coming to
Brest.
If this is true, it is evident the English were trusted with no more of the Secret than was absolutely necessary. It was found fit that the
Assassination
should lye upon them; it was a desperate piece of Service, and if those forlorn Wretches perish in it, let them perish.
But as to the Invasion, the
when
, and the
whence
, it was lodged with others, to whom the Profits and Advantages of a Conquest were reserved. It was sufficient that when these Conspirators heard the
Thoulon Fleet was come to Brest
, then upon this
Signal
, they were to be in readiness, and with the
Horse
they
had
or could
seize
, were to make their way as they could to the Coast, when they heard their Friends were landed. This, it seems, was the
only Notion
Sir
John
and the rest (I suppose with him) had of the Invasion; and he saith, he knew it not till it was
publick
.
The Information he gave, he is willing to make the best of in the next Paragraph; for, saith he,
I also call God to witness that I receiv'd the knowledg of what is contein'd in those Papers, that I gave to a great Man that came to me in the
Tower,
both from Letters and Messages that came from
France;
and he told me when I read them to him, that the Prince of
Orange
had been acquainted with most of those things before
.
This was what he himself did not believe when he talk'd of it long before (as one has affirm'd), but yet was pleased with it, because it
would create Suspicions
and
Jealousies
.
He acquaints us with another part of the
Secret
, that the
Great Man
, to whom he imparted it, could tell him the
Prince of
Orange
had been acquainted with the most of this before
. But what was it? Not that the
Great Man
knew of these
Lords
and
Commons
he accused, but of an Intelligence in general that passed between
England
and
France
.
As for his Expectation of Mercy from that Prince whose Life he pretended to have sav'd, it has been already consider'd.
He goes on, as he began, with a profession of his Innocence, the accusing others of seeking his Blood, and charging the guilt of it upon the whole Nation; for saith he,
I beg of God to pardon those who with great Zeal have sought my Life, and brought the Guilt of my Innocent Blood upon this Nation; no Treason being proved upon me
.
Other Malefactors may as well accuse the Judges and Juries, and Courts of Justice for seeking their Life, when they are Convicted, Condemned, and to be Executed for their Crimes: But why doth he thus arraign those that were concern'd in the Bill? Was he indeed Innocent? Was no Treason proved upon him? This he saith, and saith it when he comes to die. And yet if we believe, not the Evidence of others only, but himself, it is plainly otherwise. What was the meaning of his Confusion in his Letter to his Lady?
What becomes of his Privity to the first Design
of the Assassination
which he did not discover? What of his Offers to confess again and again? What of his owning the Meeting, the Design,
&c.
How then is he Innocent? No, saith he,
no Treason being prov'd upon me
. Was there no Treason in inviting a Forreign Force? no Treason in joyning with it? no Treason in holding a Correspondence with the greatest Enemies of the Government and Nation? The matter of Fact was too plain to be denied? And it was of that Nature which in the ordinary construction of the Law is Treason.
Here then was Guilt, here was Treason. And how then can there be
Innocent Blood
, and of that Malignity as to lie upon the Nation?
It must wholly rest then upon the Proof;
No Treason being proved upon me
. So that let the Malefactor be never so guilty, he may protest his Innocence, and charge the Guilit of
Innocent Blood upon the Nation
, if it is not in every Punctilio
proved upon him
. And yet this is all his Innocence is supported upon, as appears by what follows,
viz.
I return my most hearty Thanks to those Noble and Worthy Pesons who gave me their Assistance, by opposing this Bill of Attainder; without which it had been impossible I could have fallen under the Sentence of Death
.
Why Impossible? Might he not expect as much Justice from both Houses of Parliament, as from the Ministers of Justice, and the Juries, in the Inferiour Courts? Had he not the Privilege of being heard by his Counsel, and the Favour of all that could be said in his behalf by those
Noble and Worthy Persons
that in both Houses were against the Bill? Was he not himself heard and re-heard to the very utmost, and had all the Advantages allowed that one that stood thus accused could, and more then he could reasonably, expect? Why was it then
Impossible
? The reason is evident, because the other Witness was withdrawn; and according to the late Act, one, in the ordinary Course of Law being not sufficient, how clear soever the proof otherwise was; therefore without the Bill of Attainder it was
Impossible
. And thus we see at last upon what point his profession of Innocency turns, and that he dies with the charge of guilt of his
Innocent Blood upon the Nation
; and that is, because of the
Attainder
: and then all
Attainders
must be condemned; and if so, he is Innocent; but if that Course of Law is to be justified, as surely it is, (and has been before shewed) then he is guilty, and the Treason clearly and sufficiently
proved upon him
. So that upon the Whole, there is little else then Reservation and Equivocation; the Defence of which we leave to another Church, for that belongs not to the Church he professes to dye a Member of.
If we were to construe his words (if this they were, otherwise then he made them such by his owning of them) according to the Contrivance of the rest, which are so full of Ambiguity and abstruse and doubtful Meaning; those
Noble and Worthy Persons
who have his Thanks, are no more beholding to him, then the others he Charges with seeking his Life, when he saith of them, I am fully satisfied
they pleaded their own Cause when they pleaded mine
.
But what ever he meant, those
Noble and Worthy
Persons have given too great Assurances of being otherwise inclined, to have any thing of that Nature made use of to their Disadvantage.
He concludes with a Prayer; but it is too, a fixing upon himself the Fact he stood charged with and died for; it is for the Abdicated King, and the Spurious Prince; that is, for the maintaining of that Cause, which, he saith, he
endeavoured to his utmost Power to promote
.
Upon the Whole, it appears by his and his Friends Conduct, as well as by his Treasonable Practises, he had made it necessary to the Government to let the Sentence take effect. It was the Clemency of the Government that has emboldned the Enemies of it to proceed the more confidently in these Practises; and at length to conclude, that because it
did not
, that it therefore
durst not punish them
.
I know not how to conclude better then in the Words of
Parliament
, in their Late
Act for better Security of His Majesty's Royal Person and Government
; it saith,
They have been delivered from the Bloody and Barbarous Attempts of Traitors and others His Majesty's Enemies, who, there is just reason to believe, have been in great measure encouraged, to Undertake and Prosecute such, their wicked Designs, partly by His Majesty's great and undeserved Clemency towards them, and partly by want of a sufficient Provision in the Law for the securing Offices and Places of Trust to such as are well affected to His Majesty's Government, and for the repressing and punishing such as are known to be disaffected to the same
.
The End.
AN ARGUMENT OF A Learned JUDGE IN THE EXCHEQUER-CHAMBER UPON
A Writ of Error
Out of the KING'S-BENCH, In a CAUSE, Wherein Sir
Samuel Barnadiston
was Plaintiff against Sir
William Soame
, Sheriff of the County of
Suffolk
, Defendant, Wherein the Privilege of the House of Commons, in Determining Matters relating to the Right of Elections of their own Members, is justified.
Necessary for all Persons that have any thing to do with ELECTIONS. From the Original MS.
London
: Printed for
Geo. Sawbridge
at the
Three Flower-de-luces
in
Little-Brittain
, and Sold by
J. Nutt
near
Stationers-Hall
. 1704. Price Six-pence
THE Argument, &c.
THE Plaintiff brings an Action upon the Case
in Banco Regis
against the Defendant, late Sheriff of
Suffolk
, setting forth, that a Writ issued for Choosing of a Knight for that County to serve in the then Parliament instead of Sir
Henry North
, deceased, That at the next County Court the Freeholders proceeded to an Election; and altho' the Plaintiff was duly chosen
per majorem numerum Gentium tunc resident. infra dictum Comitatum, quorum; tunc quilibet expendere potuit
40s.
lib. Tenement. & ultra per Annum infra Comitat' illum, ac licet prædictus.
Willielmus
premissa satis sciens postea Breve. prædict. in Cur' Cancellar' retornavit, simul cum quadam Indentura int' ipsum Vicecomitum & prædict. Electores ipsius
Samuelis
de prædicta Electione ipsius
Samuelis
fact' sec' exigentiam Brevis prædict. Prædict. tamen
Willielmus
ad hunc Vicecomes Officii sui debitum minime ponderans, sed Machinans & Malitiose intendens ipsum
Samuelem
in hac parte minus rite per prægravare & eundem
Samuelem
de fiducia unius
Mil.
Com' prædict. in dict. Parliamento exercend' omino frustrare & deprivare, & prædict
Samuelem
ad diversas magnas & grandes Pecun' Summas expendend' causare contra Debitum Officii sui prædict. Falso, Malitiose & Deceptive ad tunc in eadem Cancellar. apud
Westm.
prædict. retornavit una cum Indentura præd. quandam al' Indentur' eidem Brevi scilicet annex. specificans illam forefact int' præfat
Willielm'
&c. ex una parte & diversas al' personas dict' Comitat' in Indentur' ill' specificat' & content' qd. dict. al' personæ & Major pars totius Com' præd. in præd. pleno Comitat' elegerunt quendam
Lionellum Tallmash
Bar al' dict. Dom.
Huntingtowr
in Regno
Scotiæ. Henrici North
un' Mil. Com.
Suff.
prædict. pro Parliament. prædict. adveniend. eidem Parliamento pro Com. illo. Ubi revera prædictus
Lionellus
non fuit Electus per Majorem partem prout per ult. Indentur' falso supponitur Ratione cujus quidem falsi retorn. de prædict. al Indentur' &c. idem
Samuel.
in domum inferiorem pro Communitat. hujus Regni
Angl.
&c. Assemblat. admitt' non potuit, quousq; idem
Samuel.
per Petitionem suam Communitat. dict. Parliamenti pro remedio congruo exhibit. & post diversas ingentes denar' Summas in & citra manifestationem & verificationem dict. Electionis coram dict. communitat. expendit. & diversos labores in ea parte sustent. postea scil. &c. communitat. in domum communit. prædict. admissus fuit & Elect. ipsius
Samuel
per communitat. declarat. fuit fore bona unde deteriorat, est & damn. habet. ad valen.
3000l.
There is a Verdict for the Plaintiff, and Damages found to the value of 800
l.
and Judgment thereupon, and a Writ of Error is brought to Reverse that Judgment.
I have but little Time left to say what I have to offer, it being very Late; and yet I must desire leave to produce those Reasons, I have in Maintenance of my Opinion; I will be careful not to detain you longer than will be necessary.
And therefore I will not trouble you with Stating the Case again, nor will I speak of any Exceptions that have been made to the Declaration, for I love not the Niceties of the Law in Cases where they do prevail; And in this Case I have only considered the Foundations of the Action; which if I had found well established upon Reason, or the Grounds of the Law, I would have examined what has been objected to the Forms of Declarations, which must have brought great Weight to have over-turn'd these Proceedings.
But as to the Point of the Action, upon the most serious Consideration I would have of it, and weighing what hath been before now, and also at this time, said in support of it; I am of Opinion that the Judgment ought to be Reversed; for that no such Action as this, at Bar, does lye by the Common-Law
Because this is a Cause of considerable Value, great Damages being Recovered; because it is a Judgment of great Authority, being upon a Cause Tryed at the
King's-Bench
-Bar, and given upon Deliberation there; because it is a Case of an extraordinary Nature, and of great Import, each Party pretending Benefit to the Parliament; because it is an Action
Primæ Impressionis
, that never was before Adjudged, the Report of which will be listned after; I have taken Pains to collect and set down the Reasons, that I must go upon in determining this Case; that as the Judgment had the Countenance of some Deliberation in the Court where it was given; so the Reversal being with greater Deliberation, may appear grounded upon Reasons that ought to prevail.
I can say with my Brother
Wyndham
, that I love rather to affirm Judgments, then to reverse them; but I can attribute nothing of Authority to the Judgment, tho' it were given in a Superior Court, and upon Deliberation. I must Judge of it as if the Case came to be Judg'd originally by me: The Argument to support a Judgment from the Authority of it self, is,
Exceptio ejusdem rei cujus petitur Dissolutio
, which ought not to be admitted in Cases of Writs of Error. We are intrusted to Examine and Correct the Errors of that Court, and for that purpose we are made Superior to it; we must proceed according to our own Knowledge and Discretion, or else we do not perform the Trust Reposed in us.
I must needs say this is a Cause that imports it more then any Cause I have known to come before us, for it is a Cause
Primæ Impressionis
; and the Question is, whether by this Judgment a Change of the CommonLaw be introduced. It is the Principal Use of Writs of Error, and Appeals to hinder the Change of the Law; therefore do Writs of Error in our Law, and Appeals in the Civil Law, carry Judgments and Decrees to be Examin'd by Superior Courts until they come to the highest, who are entrusted that they will not change the Law.
Therefore do Writs of Error lye from
Ireland
, which is a Subordinate Kingdom to
England
, by whose Laws it is governed; that they might not be able to change the Law by their Judgments, and not so much for the particular Right of the Party.
For otherwise it wou'd be very easy for Judges by Construction and Interpretation to change even a Written Law, and it would be most easy for the Judges of the Common-Laws of
England
, which are not Written, but depend upon Usage to make a Change in them, especially if they may justify themselves by such a Rule as my Brother
Atkyns
lays down to support this Case;
viz.
That the Common-Law complies with the Genius of the Nation. I admit that the Laws are fitted to the Genius of the Nation;
but
when that Genius Changes, the Parliament is only intrusted to Judge of it, and by changing the Law to make it suitable to it: But if Judges shall say it is Common-Law because it suits with the Genius of the Nation; they may take upon 'em to change the whole as well as any part of it, the Consequence whereof may easily be seen; I wish we had not found it by sad Experience.
If the Case at the Bar be a Change of the Law, it is happy it comes to be question'd in the first Instance; for if this Cause had been any way agreed and quieted, and a second Case of this Nature had been questioned, there wou'd have been a President urg'd, which cannot be spoke of here; for this Case hath no Fellow, there never having been the like Judgment before.
The Method I shall take in what I have to say shall be,
1
st, To Remove some prejudice the Case is under
.
2
dly, Give my Reasons against the Action
.
3
dly, Weigh what hath been said to maintain the Action
.
1
st
. The Case is under this Prejudice, That an Action of the Case lyes for false Returns of Sheriffs; and why should it not lye in this Case as well as any other.
To Remove this Prejudice I shall shew some material Differences betwixt the Nature of Ordinary Returns and this Return.
In Ordinary Returns the Party is Concluded, and absolutely without Remedy; for the Court must take the Return as the Sheriff makes it. In Ordinary Cases the Sheriff may, and frequently does, take Security of the Plaintiff, or the Sheriff hath means by Law to be Secure; as if he doubts the Property of the Goods, he may return upon a
fieri facias, Nullus venit ad monstrandum bona
. In some Cases he may for his safety, Impannel a Jury, as upon an
Elegit
, or he may Resort to the Court, and pray reasonable Time to prepare his Return, if the Matter be difficult; and hath other shelters, that if he be wary, will save him from Danger.
But in this Case the Party is not Concluded, for upon a Petition to the Parliament, if they see it Just, they will cause the Return to be alter'd by the Clerk of the Crown, if the Sheriff be not in the Way; in this Case the Sheriff may not take Security, it were Criminal in him to make such a Return by Compact, nor can the Sheriff make a Fruitless Return, or obtain Delay to consult his Safety.
These Differences are of that Nature, that they change the Case in the Reason of it, as I shall hereafter make appear: And no Man can infer because an Action lyes for false Returns in Ordinary Cases; therefore it lyes in Case of a Return to Parliament, where the Sheriff is clearly upon Terms.
My Reasons against this Action are applicable to this Case, and make it different from all the Cases that have been put by my Brothers that Argued for the Action: I observe they Argued only upon Generals, without any other Application to this Case than by the Topick of concluding a
Minori ad Majus
, because Actions lay in Cases of Inferiour Nature, therefore it will lye in this; which Rules hold not in diverse Cases where there are particular Reasons to the contrary, as I shall by and by shew to be in this.
2
dly
, I shall give you my Reasons against this Action, which are as follow.
1
st
. My first Reason is this, because the Sheriff as to the declaring the Majority is Judge, and no Action will lye against a Judge; for what he does Judicially, tho' it should be laid
Falso, Malitiose & Scienter
, as appears in
Co.
12
Rep.
fol. 24.
They who are intrusted to Judge, ought to be free from Vexation, that they may Determine without Fear; the Law requires Courage in a Judge, and therefore provides Security for the Support of that Courage
. But,
1. Is the Sheriff a Judge in this Case? And
2. Is there the same Reason he should be freed from all Actions?
As to the First, it is of Necessity, that as to the declaring the Majority, he should be the Judge upon the Place, in other Cases in the County Court; the Free Suiters are the Judges, and he is the Minister: When we say the Free Suiters, we mean the Major part of them is to Judge; but when the Question is, which is the Major Part, they cannot Determine the Question; but of Necessity the Sheriff must determine that, the Nature of the thing speaks it.
Therefore it was held rightly in
Letchmer's
Case, 13 and 14
Car.
2. that as to the Election of Knights to the Parliament, the Court is properly the Sheriff's Court, and the Writ is in the nature of a special Commission,
Elegi facias
.
I know a Judge may have many Ministerial Acts Incumbent upon him, as the Chief Justices have to certifie Records upon Writs of Error; Therefore it is necessary for me to observe, that the Suit here is for what he does as a Judge, and not for any thing Ministerial that appears by the Averment, that the Sheriff annexed another Indenture, specifying to be made by the Major part of the Freeholders, and containing that the Lord
Huntingtowr
was Chosen,
Ubi re vera
, The Lord
Huntingtowr
was not Chosen by the Major part of the Freeholders. If it had been said
ubi re vera
, the Freeholders supposed to Seal the same, never did Seal the same, there had been a falsity in his Ministerial part of sending in the Indenture; but his sending Two Indentures, which were really Sealed by the Freeholders, as they import; wherein the Freeholders of each Indenture (and not the Sheriff) say that they are the Major part, is no falsity in his Ministerial part, but only defering to Judge between them, which is the Major part, or more properly judging that they are both equal in Number.
They Object that the Matter of this Question is not matter of Judgment, 'tis but counting the Poll, which requires Arithmetick, but not Judgment; but certainly if it be rightly consider'd, it will be thought this Question of Majority is not barely a Question of Fact, but a Question of Judgment, a Question of Difficult Judgment, there are so many Qualifications of Electors.
1. They must have 40
s
per Annum
, there the Value must be judged.
2. It must be Freehold; there the Title
3. It must be their own; there colourable and
fraudulent
Gifts made many times on purpose to get Voices, must be Judged.
4. The Electors must be Resident; there the Settlement of the Party must be Determin'd.
5. There are many things that incapacitate Voices, as Bribery, Force,
&c.
and many other Questions arise, that are of such Difficulty, that in Debate of them, much time is spent in Parliament; and sometimes a Committee Determines one way, and the House another. Is not this then a Question that refers to Judgment?
They Object again, the Sheriff may give an Oath concerning all the Qualifications, and he is to look no further.
I Answer, The Statute has given the Sheriff Power to give an Oath in Assistance of him; but the Statute does not say that whosoever takes that Oath shall have a Voice: Neither does the Statute 23. H. 6. say that the Sheriffs shall not be charged with a False Return that pursues that way; so that altho' he may use those Means for his Direction, yet he must consider his own Safety, and not make a False Return; if a Man upon taking such an Oath, give the Sheriff a special Answer, or it should be known to the Sheriff he Swears False; the Sheriff must Determine according to his own Judgment, and not by what is Sworn.
It may hence be concluded that the Sheriff, as to declaring the Majority, is a Judge; and if so, my next Assertion is, That there is the same Reason he should be free from Actions, as any Judge in
Westminster-Hall
, or any other Judge. Does it not Import the Publick that the Sheriff should deal uprightly and impartially? Ought he not to have Courage, and for that End should not the Law provide him Security?
Consider his Disadvantages, what a Noise and Crowd accompany such Elections; what Importunity, nay what Violence there is upon him from the Contesting Partys.
We may say no other Judge has more need of Courage and Resolution to manage himself, and Determine uprightly, than he. No other Judge Determines in a Case of greater Consequence to the Publick, or Difficulty than he; Expose him to such Actions, and in most Elections he must have Trouble; for commonly each Party is Confident of his Strength, his Conduct and his Friends; that let the Sheriff Return never so uprightly, the Party that is Rejected will Revenge it by such, especially if he may Sue at Common-Law, to have boundless Damages, without running any Hazard himself, but of the Loss of his Costs.
If we Judges that find our selves Secure from Actions, should not be tender of others, that are in the same Circumstances. It may well be said,
Wo unto you, for you impose heavy Burthens upon others, but will not bear the least of them your Selves
.
2. My Second Reason is, because it is
alieni fori
, either to examine the Right of the Election, or Behaviour of the Sheriff; both which are Incident, and indeed the only Considerations that can guide in the Tryal of such Causes, if they be allowed.
It is admitted that the Parliament is the only proper Judicature, to determine the Right of Election, and to censure the Behaviour of the Sheriff. How then can the Common-Law Try a Cause, that cannot Determine of those Things, without which the Cause cannot be Try'd?
No Action upon the Case will lie for Breach of the Trust, because the Determination of the Principal Thing, the Trust, does not belong to the Common-Law, but to the Court of
Chancery
: Certainly the Reason of the Case at Bar is Stronger, as the Parliament ought to have more Reverence than the Court of
Chancery
.
They Object that it may be Tryed after the Parliament hath Decided the Election; for then that which the Common-Law could not try is Determined, and the Parliament cannot give the Party the Costs he is put unto.
Then I perceive they wou'd have the Determination of the Parliament binding to the Sheriff in the Action, which it cannot be; for that is between other Parties to which the Sheriff is not call'd: It is against the Course of Law, that any Judgment, Decree or Proceeding betwixt other Parties should bind the Interest of, or any way Conclude a Third Person; no more ought it to do here, it may be easy for Parties combining to represent a Case so to the Parliament, that the Right of Election may appear either way as the Parties please. It is fit the Sheriff, who is not admitted to controvert such Determination, should be Concluded by it, in an Action brought against him to make him pay the Reckoning.
Did the Parliament believe, when then they Determined this Election, that they pass'd Sentence against the Sheriff, upon which he must pay 800
l.
Sure if they had imagin'd so they would, nay in Justice they ought to have heard his Defence before they Determin'd it?
And yet that was the Measure of this Case, the Sheriff was not heard in Parliament, indeed he was not blam'd there, and yet upon the Tryal which concern'd him so deeply, he was not allow'd to defend himself by any Majority or Equality of Voices, the Parliament having Determin'd the Election.
I do not by these Reflections Tax the Law of Injustice, or the Course of Parliament of Inconvenience; I am an Admirer of the Methods of both, it is from the Excellency of them I conclude this Proceeding in this new fangled Action, being Absurd, Unjust and Unreasonable, cannot be Legal.
To Answer the other Branch of this Objection, I say it does not follow; that because the Parliament cannot give Costs; therefore this new devised Action must lie to help the Party to them.
For then such an Action might as well lie in all Cases, where there is a Wrong to be Remedyed by Course of Law, and no Costs are given for it.
At the Common-Law no Costs were given in any Case, and many Cases remain at this Day where the Statutes have given no Costs, as in a Prohibition,
Scire facias
, and
quare impedit
, and divers other Cases; and yet no Action will lie to recover those Costs, and why should it lie in the Case at Bar?
In this Case the Parliament have already had it under their Consideration in the
Statute
23. H. 6 and have appointed what shall be Paid by the Sheriff that offends,
viz.
100
l.
to the Party, 100
l.
to the King, and Imprisonment; the Parliament have Stated what shall be paid for Compensation, and what for Punishment, and would have provided for Costs if they had thought fit.
3. My Third Reason is, because a Double Return is a lawful Means for the Sheriff to perform his Duty in doubtful Cases.
If this be so, then all Aggravations of
Falso Malitiose & Scienter
will not make the thing Actionable; for whatever a Man may do for his Safety cannot be the Ground of an Action.
There is sometimes
Damnum absq; Injuria
, tho' the thing be done on purpose to bring a Loss upon another, without any Design of Benefit to himself; as if a New House be Erected Contiguous to my Ground, I may Build any thing on purpose to blind the Lights of that New House, and no Action will accrue, tho' the Malice were never so great; much less will it lie where a Man acts for his own Safety.
If a Jury will find a Special Verdict; if a Judge will Advise and take time to Consider; if a Bishop will Delay a Patron, and Impannel a Jury to enquire of the Right of Patronage, you cannot bring an Action for these Delays, tho' you suppose it to be done Maliciously, and on purpose to put you to Charges; tho' you suppose it done
Scienter
, knowing the Law to be clear; for they take but the Liberty the Law has provided for their Safety, and there can be no Demonstration that they have not real Doubts, for they are within their own Breasts: It would be very Mischievous that a Man might not have leave to Doubt without so great Peril.
The Course of Parliament makes out the Ground of this Reason to be true in Fact, so that a Double Return is lawful when the Sheriff Doubts; for if the Parliament did not allow a Double Return in Doubtful Cases, they ought never to accept a Double Return: If it were in it self a void and unlawful Return, they ought not to endure it a Moment, but send for the Sheriff and compel him to make a single Return; but we see where there is Doubt, the Parliament sends not for the Sheriff before they have Examin'd the Case, and give particular Directions.
And it must of Necessity be the Course, for suppose the Voices are Equal; suppose the Election is Void for Force; Suppose the Sheriff Doubts upon the Validity of some Voices, shall he Transmit his Doubts, specially to the Parliament? Was there ever any such thing done? Was there ever any other way but to make a Double Return, and leave it fairly to the Decision of the Parliament?
It was said by my Brother
Ellis
, that if the Sheriff had Return'd in the Nature of a Special Verdict, the Special Matter, and had concluded in this manner, (
viz.
) If the Parliament shall Adjudge Sir
Samuel Bernardiston
to be Chosen, then he Returns him, and if the Parliament shall Adjudge the Lord
Huntingtowr
to be Chosen, then he Returns him, that such a Return as this had been Safe, and cou'd not have born an Action.
This is a pretty Invention found out for Argument sake, but methinks it Furnishes no Force at all to the Part for which it is brought, but rather shews the Right to be the other way; for let any Man of Reason say, whether a Double Return, as it is now used, be not the same thing in Consequence; Is not a Double Return as if the Sheriff should say to the Parliament (the Right of Election is between these Two, I am in Doubt which of them I shall Reject, and expect your Directions) this is the Import of a Double Return, and is the same in Effect, as if it had Concluded in a Special Verdict, and so my Brother
Ellis's
Instance should not be Actionable tho' he Concluded otherwise.
That other new fangled could not be receiv'd. For,
1.
The Freeholders would never joyn in such a Return
.
2.
Such a Return is not capable of being Amended by the Sheriff
.
But the Judgment of the Parliament must be Enter'd upon Record to make it any Return, it concluding nothing of it self, as a special Verdict concludes, till the Judgment of the Court be Enter'd upon the Roll.
3.
The Parliament will not, as I believe, admit of new Devices in the Course of their Proceedings, whatever we do at Law
.
But the Double Return is Practicable in the Country, for the Freeholders of each Part will Tender their Indentures; and it is easily Amended in Parliament by Rejecting the Indenture of those Freeholders that were not the Major Part, which way has been Practis'd in doubtful Cases for many years.
So that I apprehend the Case at Bar to be more regular and favourable, than that Case which my Brother
Ellis
put as a Case that would not bear an Action.
Again; Suppose the Sheriff had inform'd the Parliament of his Doubts, and that he could not readily determine where the Majority was, but it was betwixt two Persons,
A.
and
B.
and thereupon desir'd their Favour either to grant him Time to Determine it, if they pleas'd to Command him so to do, or else, that they would Decide it themselves, and he would obey what Directions they should make in it, and thereupon the Parliament had taken upon themselves to determine it.
This most clearly had not been Actionable, for it is not Actionable to delay a Return, to any Court of Justice, where the Sheriff hath Leave from the Court so to do.
A double Return, in my Understanding speaks the same thing, to the Parliament, and upon it they may either direct the Sheriff to make a single Return, which is to cause him to decide it, or they may do it themselves.
And here I must needs reflect upon the second Reason I have against this Action, that the Matter of it is
alieni fori
; I find my self and my Brothers that Argued for the Action, engag'd in a Discourse of the nature of a double Return, and the Course of Parliament upon it, which, as a Judge I cannot so well speak to; I had the Honour to be of this House of Commons, and whilst I was there, I considered as well as I cou'd the Course of the Proceedings of the House, and am therefore able to speak something of them, and I am brought into this Discourse necessarily by this Action; But I must needs say it is an improper Discourse for Judges, for they know not what is the Course of Parliament, nor the Privilege of Parliament. When the Lords in Parliament, whom they are bound to assist with their Advice, ask the Juges any thing concerning the Course or privilege of Parliament, they have answer'd, that they know them not, nor can advise concerning them.
If in Parliament we do not know nor can advise concerning these things, How can we judge people upon them out of Parliament, we ought to know before we judge, and therefore we cannot judge of things we cannot know.
Our being engag'd in a Discourse improper for Judges, shews the Action to be improper, as much as any other Argument that can be made, and this Argument arises from my Brothers that argued for the Action.
But now I am in this Discourse, I must go a little farther; My Observation from the Course of Parliament has been, that they will not permit the Sheriff to delay his Return, to deliberate, and he cannot take Security of either Party; and if a single Return be not justified by the Committee of Elections, he is danger of the Statute of 23.
H.
6.
It follows that there is no ways for an innocent Sheriff to be safe, where he conceives Doubt, but in making a double Return, and if that should be Actionable too, the Service of the Parliament would be the most ungrateful Service in the World.
It seems ridiculous to me that it should be objected, that this Course of Law is necessary to prevent the great Mischief arising from double Returns, when, as if it be a Mischief, or dislik'd by the Parliament, either in General or any Particular Case; they may Reject them when they please, and Command the Sheriff to make a Single Return; so they may Remedy it by their Practice, without their Legislative Power.
Their Practice hitherto hath been to receive Double Returns, which therefore in some Cases must be lawful, and in this very Case the Double Return was accepted, and the Sheriff no way Punish'd for it; which he ought to have been, if he had been Blameable.
If Double Returns are accepted by Parliament, they are allow'd, and we must say they are lawful, which is the Ground of my Third Reason; for which I hold this Action not Maintainable,
4. My Fourth Reason is, That there is no Legal Damages occasion'd by the Sheriff. The Damages laid in the Declaration are,
1.
Being kept from Sitting in the House
.
2.
The Pains and Charges he was put unto to get his Admittance into the House
.
1. That of his being kept from Siting in the House, is as much every Man's Damage in the whole County, nay in the whole Kingdom; and any Man else might as well have an Action for it as the Member Chosen.
To Sit in Parliament is a Service in the Member, for the Benefit of the King and Kingdom; and not for the Profit of the Member.
It is a Rule in Law, that no particular Man may bring an Action for a Nusance to the King's High-way; because all the Men in
England
might as well have Actions which would be Infinite; and therefore such an Offence is Punishable only by Indictment, except there be Special Loss occasion'd by that Nusance.
For the same Reason, the Exclusion of a Member from the House being as much Damage to all Men in
England
as to himself: He nor any Man else can have an Action for it, but it is punishable upon the Publick Score, and not otherwise.
For this Reason was the
Statute
23.
H.
6. wisely consider'd, by that Statute the Action is not given to the Party for his particular Damage; but the Action given is a Popular Action, only the Party Griev'd hath a Preference for Six Months; but if he do not Sue in that time, every Man else is at Liberty to recover the same Sum.
2. The other Point of Damage is the Pains and Charges he was put unto, and that is not occasion'd by the Sheriff, but by the Deliberation of the House. Why should the Sheriff Pay for that? It may be if the Parliament had sent for the Sheriff the first Day, and blam'd the Double Return, he would have ventur'd to Determine the Matter speedily, and there should have been no Cause of Complaint for Delay; but the Parliament saw so much Cause of Doubt, that they think it not fit to put the Sheriff to Determine, but to resolve to examine the Matter, and give him Directions that may guide him in mending his Return; thereupon they give a Day to the Parties on both Sides, and finding the Matter of long Examination, and withal Difficult, they Deliberate upon it.
It seems very unreasonable the Sheriff should be made Pay for this, which he did not occasion; but was a Course taken by the Parliament for their own Satisfaction, who found no fault in the Sheriff for putting them to all that Trouble.
Suppose Sir
Samuel Barnardiston
had been Return'd alone, and the Lord
Huntingtowr
had Petitioned against that Return, there had been the same Charge to have defended that Return; so that it was the Contest of the opposite Party that occasioned the Charge, the Deliberation of the Parliament that occasion'd the Delay; but neither of them can be imputed to the Sheriff.
I cannot difference this Case from the Case of bringing an Action against a Jury, for maliciously, knowingly, and on purpose to put the Party to Charges, finding a Matter specially whereby great Delay and great Expences were, before the Party could obtain Judgment; and yet I think no Man will affirm that an Action will lie in this Case.
In this Case the Damages are found Entire, so that if both Parts,
viz.
the not Sitting in the House, and the Pains and Charges are not Actionable Causes of Damages; it will be Intended the Jury gave for both, and so the Judgment is for that Cause Erroneous.
I suppose the Wages of Parliament will not be mention'd for Damages, for in most Places they are only Imaginary, being not Demanded; but if there were to be any Consideration of them, it will not alter this Case; for upon this Return they are due as from the First Day, and so no Damage can be pretended upon that Score.
5. My Fifth Reason is drawn from the
Statute
of 23.
H.
6. which has been so often mention'd; that Statute is a great Evidence to me, that no Action lay by the Common-Law against a Sheriff, for a False Return of a Writ of Election to the Parliament; and this Evidence is much strengthned by the Observation that hath been made, that never any Action was brought otherwise than upon that Statute.
I must admit, that if an Action lay by the Common-Law, this Statute hath not taken it away, for there are no Negative Words in the Statute; but it is not likely the Parliament would have made that Law, if there had been any Remedy for the Party before.
The Statute observes that some Laws had been made before for preventing False Returns, but there was not convenient Remedy for the Party griev'd, and therefore gives him an Action for 100
l.
If the Courts of Justice had by the Common-Laws Jurisdiction to examine Misdemeanors concerning the Returns of Sheriffs to the Parliament: What needed the Parliament to be so Elaborate to provide Law after Law, to give them Power therein, and at last to the Griev'd an Action? Can any Man imagine but that the Parliament took the Law to be that the Party was without Remedy? I know Preambles of Acts of Parliament are not always Gospel, but it becomes us, I am sure, to have Respect to them, and not to impute any Falsity or Failing to them, especially where constant Usage speaks for them.
It has been Objected that in those Times it was Reckon'd a Damage, to be Return'd to serve in Parliament, which is the Reason that no Man then did bring his Action against the Sheriffs for Returning another in his stead. This cannot be true, for the Statute calls him the Party Griev'd, and is Elaborate in providing Convenient Remedy for him; and we see by the many Statutes about those Times, that it was Mischief very frequent, and there wanted no Occasion for those Actions; which does extreamly strengthen the Argument of the Non-User of this pretended Common-Law.
An Action upon the Case, where it may be brought, is a Plaister that fits its self for all Times and all Sores; and if such an Action might then have been brought, there was no need for the Parliament to provide a Convenient Remedy.
By
Littleton's
Rule, often mention'd by my Brothers, we may conclude this Action will not lie; for if such an Action had lain, it would have been brought before this time.
In the Case of
Buckley
against
Rice Thomas
, in
Plowden's Commentaries
, 118, which appears to be so elaborately Argued both at Bar and Bench; if this Common-Law had been thought upon, they might have prevented the Question, whether the Sheriffs of
Wales
were bound by the
Statute
23.
H.
6?
It seems plain to me that the Makers of the said Statute were Ignorant of this Common-Law, and yet my Brother
Thurland
observes the Judges in those Times, usually assisted in the Penning of the Laws.
The Judges and Councel in the time of
Buckley's
Case, were ignorant of this Common-Law, else it would have been mention'd in the Argument of that Case.
This Common-Law was never Reveal'd, that I find, until a Time there were divers
other
New Lights: I mean these Times, when
Nevil
brought an Action for a False
Return
against
Stroud
, during the late Troubles; but in those Times it could never obtain Judgment. I have heard that the Court of Common-Pleas sent the Record to the Parliament, as a Case too Difficult for the Courts of Common-Law to Determine.
The
Statute
of 23.
H.
6. is not only Evidence that no such Action lay at the Common-Law; but in my Opinion is not consistent with any Remedy at the Common-Law, unless it be allow'd that the Party shall be doubly Punished,
If the Party Griev'd has brought his Action upon the Statute and recovered, it was admitted by the Councel, that no Action can be brought at the Common-Law, nor
E' Contra
can he Recover by the Statute, after he has Recovered by the Common-Law, because
Nemo bis punitur pro eodem delicto
.
So far it stands well, but suppose the Party Grieved has let slip his time of Three Months, and then a Third Person bring a Popular Action, and Recovers 100
l.
upon the Statute, there is nothing can barr the Party Grieved from his Action at the Common-Law, for his Sitting still will not Conclude him; no Statute of Limitations extending to this Case, and if it be so, then must the Party, besides his Fine and Imprisonment, be doubly punished by this Statute; which was made as the Letter of it Imports, because there wanted Convenient Remedy.
And now I am Discoursing of this Statute, I must observe the great Wisdom of the Course of Parliament in these Cases, which hath in great Measure prevented the bringing Actions against Sheriffs, even upon this Statute.
Where the Sheriff mistakes the Person in his Return, he incurrs the Penalty of 23,
H.
6. tho' it be without any Malice; and it may happen that were 21 Electors, and 20 of the other; the Sheriff Returns him that hath 21, and the Parliament adjudging an Incapacity of 2 of the 21, may Determine that he that had the 20 Voices was duly Chosen; in such Case the Sheriff hath made a False Return within the Penalty of the Statute 23.
H.
6. and no Evidence shall be given against the Determination of the Parliament.
This was a very hard Case for the Sheriff, and if we were lyable to such a Mischief, many a past Sheriff might be awaken'd that takes himself to be secure.
But the Course of Parliament prevents this as it is Reason, for immediately upon their Determination, they send for the Sheriff, and cause him to amend his Return; and thence forward the amended Return is the Sheriffs Return, and there is no Record that can Warrant any Action to be brought for a False Return: As when the Marshal of the
King's-Bench
or Warden of the
Fleet
have made an Improvident Return, omitting some Causes wherewith the Prisoner stood Charg'd in their Custody, whereby they became lyable to Action; they frequently move the Court to amend the Return, and when the Return is Amended, all is set Right, for there is no Averring against a Record: In like manner, when the Sheriff hath Amended his Return, he is secure from any Action upon that Occasion.
By this means there has of late years been no recovery upon the Statute, because all Persons choose rather to compel the Sheriff to amend his Return, that they might be admitted to sit in the House, than to take their Remedy upon the Statute, and no man can recover upon the Statute first, and have afterwards their Return amended, for I have been told, that by the Course of Parliament, unless the Petition be lodg'd within in some few days after the Return, it cannot be received afterwards. So that a Man cannot upon that Statute have Remedy at Law, and also in Parliament which seems to be wisely provided to prevent any Contrariety of Determinations.
This Statute of 23.
H.
6. furnish'd those that Argued for this Action with one Argument, which doth now vanish; they said that all the Inconveniencies that could be objected to this Action, were the same upon the
Statute
of 23.
H.
6.
viz.
That upon that Statute the Right Election must be examin'd upon a Tryal, where there might be a Contrariety of Determinations; for it appears by what I have said, that there can be no Contrariety of Determinations.
And there are other Inconveniences in the Remedy by the CommonLaw, which are not in the Remedy given by the Statute, the Sum to be recover'd is Limited, the Informer hath a time prefix'd, so that there are Bounds set which cannot be exceeded; but the Remedy by the Common-Law is without Limitation of Time, which is Considerable; for all Sheriffs that ever made any Return, otherwise than the Parliament Determin'd, will be lyable during their whole Lives, to them that will call them to Account for it; I say this is without Limitation of Time, without Measure of Damages, or any Rules contain'd in a Written Law; it depends upon a general Notion of Remedy, which may be enlarged by Construction, as it is now introduced without President.
To finish my Observation upon this Statute? I say it is great Wisdom in the Parliament to call the Sheriff to Amend the Return, and to prevent any Remedy upon the Statute 23.
H.
6. for I do not see that the Rules of Law, concerning Elections, are so manifestly clear and known that it is fit that the Sheriff should upon all Returns that are Corrected by the
Parliament
, pay the Reckoning of the Contest.
6. I have a sixth Reason against this Action, which is because the Sheriff is not admitted to take Security to save him harmless in such Cases, I take this Reason to be
Instar Omnium
, and there needs no other in the Case.
It were the most unreasonable and grievous thing in the World, that the Sheriffs should be bound to Act without any Deliberation, and not to be allow'd to take any Security, and yet be liable to an Action which way soever he takes, there is no Course can avoid it, but this of a Double Return, as I have before shewn.
It has not been said, by any that Argued the other way, That the
Sheriff
may take Security; and, I suppose, will not be said, for it would be a dangerous Course for
Parliaments
, for then the most Litigious Man must be Return'd, and not he which is truly Chosen.
If the
Sheriff
may not take Security, the Law must be his Security. It was an Argument us'd by my Brother
Ellis
, That because the Law imposes an Officer, to wit, the
Sheriff
, there the Law must give the Party an Action against that Officer, if he Misdemean himself, the Argument does not hold Universally, for the Law imposes a Judge, and yet no Action lies against him; but the Reason of that Argument, if turn'd the other way, is Irrefragable, as thus: The Law will not suffer the Sheriff to take a Security, therefore the Law must be his Security, else it were a most unreasonable Law; this Reason of it self is sufficient to bear the whole Case, for no Case can be put in our Law where a Man is compell'd to Judge without Deliberation; he cannot take Security, and yet shall be lyable to an Action.
I have two more Reasons to add, upon which I lay great Weight, tho' they depend not upon any Particular Circumstances of this Case, but the general Consideration of it.
1.
That it is a New Invention
.
2.
That it Relates to the Parliament
.
I. As it is a
New Invention
it ought to be Examin'd very strictly, and have no Allowance of Favour at the End, and it will have the same Fortune that many other Novelties heretofore attempted in our Law, have had.
Actions upon the Case have sometimes been revived in new Cases, where it stands with the Rules of Law, and no Inconvenience appears, but they have been more often Rejected: I shall Instance some Cases that have been Rejected, because it will be Manifest by them, that all the Arguments and Positions laid down by my Brothers that would support the Action, are as well applicable to several Cases that have been already rejected, as to the Case at Bar.
An Action upon the Case was brought against a Grand Jury-Man, for falsly and maliciously conspiring to Indite another, and adjudged it would not lie.
Against a Witness for Testifying falsly and maliciously.
Against a Judge for Acting falsly and maliciously, but Adjudged that no Action wou'd lie in those Cases.
These Three Instances are applicable to every Argument urg'd for this Action: The Arguments my Brothers made in depressing Falsity and Malice, those which they made from the Comparison of other Actions upon the Case of
Minore ad Majus
; the Argument that because the Law Imposes the Officer, it will punish the Malice, has the same Force in the Case of a Judge, Indictor or Witness, and yet my Brothers admit in those Cases an Action will not lie, which shews the Invalidity of those Arguments.
Now I shall give other Instances, where Actions upon the Case have been Rejected for Novelty, and Reasons of Inconvenience.
An action of the Case was brought against the Lord of a Mannor for not admitting a Copy-holder, and it was adjudg'd it would not lie.
Cro. Jac.
368.
There was a Verdict found, and Damages given by the Jury in that Case, the Lord is compellable in
Chancery
to admit a Copy-holder, and what harm would it have been, if there might have been a remedy given by the common Law, there being a Custom broken, by which the Lord was bound. The Reasons of the Book are, because it was a Novelty, and it would be vexatious, if every Copy-holder should have an Action against the Lord, when he refused to admit him upon his own Terms.
It has been adjudged that an Action upon the Case will not lie for the Breach of a Trust, because the Common Law cannot try what a Trust is; but if such Actions were allow'd, the Law might declare that to be a Trust, which the Court of
Chancery
, which properly Judges of Trusts, might say is none; and where the Common Law cannot examine the Principal Matter, the Damages that were but dependant upon it shall not be regarded.
Anthony Maddison
brought an Action against
Skipwith
, for maliciously killing Sir
Tho. Wortley
, the Case was thus; The Plaintiff was a young Lawyer that had expended all his Gains in the Purchase of a Rent that was determinable, upon the Death of Sir
Tho. Wortley; Skipwith
quarrell'd with Sir
Thomas Wortley
about a Mistress, and kill'd him, whereby
Maddison
lost his Rent; it was held the Action would not lie, tho' it were laid to be done maliciously, on purpose to determine the Plaintiffs Rent.
I observ'd in that Case, that altho' Mr.
Maddison
knew very well that there was a Mistress in the Case, and that the Rent was not aim'd at; yet he would fain try his
Fortune
in the Suit, thinking, that a Jury perhaps out of Compassion to him, or to discourage the like Facts, might make the Manslayer pay him for his Loss: But the Judges would not suffer it to go on, it being a meer Device and a new fangled Action.
It hath been held that an Action will not lie against a Parson for Suing for Tythes in Kind, knowing that there was a
Modus
, because it might then be perilous for any Parson to insist upon his Right.
It was held by the Court of
Common-Pleas
, that no Action will lie for suing an Attorney, knowing in another Court against his Privilege; for his Means to enjoy his privilege is to claim it by Writ of Privilege; and he is not bound to claim his Privilege, nor can his Adversary know he will claim it.
An Action was lately brought in the
Kings-Bench
(as I have heard) for delaying a Post-Letter maliciously, whereby the Plaintiff wanted Intelligence that might have been of great Advantage to him. The Court discountenanc'd the Action, so that it proceeded no further. It was then said (as I heard) to this effect, That if such Presidents were admitted, there could hardly be any Dealing or Correspondence but might be matter of Actions at Law; and altho' the Case depended upon proof of particular Malice, and the Defendant will be acquitted if his Case be not odious; yet we must consider there, that there is both Charge and Vexation of Mind, that attends the Defence of a just Cause, and we must not subject Men for all their Actions to such Trouble and Hazard.
These Instances shew, that altho' an Action upon the Case be esteemed a Catholition, yet when Actions have been apply'd to new Cases, they have always been strictly examin'd, and upon Considerations of Justice or Inconvenience they have been many times rejected.
For, tho' the Law advances Remedies, as my Brothers observed, yet it is with Consideration, that Vexation be not more advanced than Remedy.
It is my Opinion that no new Device ever was or can be introduced into the Law, but Absurdities and Difficulties arise upon it, which were not foreseen, which makes me Jealous of admitting Novelties. But,
2. In Matters relating to the Parliament (which is my second ground) there is no need of introducing Novelties, for the Parliament can provide new Laws to answer any Mischief that arise, and it ought to be left to them to do it.
Especially in a Case of this Nature concerning Elections which the Parliament have already taken care of, and prescrib'd Remedies by the several Statutes that have been made concerning them, I say, in such a Case, there is little need to strain the Law.
The Judges in all times have been tender of meddling with Matters relateing to Parliament. I do not find that ever they try'd Elections, but where Statutes give them express Power; or that they ever examin'd the Behaviour of a Sheriff, or any Officer of the Parliament, but upon those Statutes; and in
Brounker's
Case,
Dyer
, 168, the Statute was their Rule in the
Star-Chamber
, and they inflicted the same Punishment that is appointed by that Statute.
If we shall allow general Cases (as an Action upon the Case is) to be apply'd to Cases relating to the Parliament, we shall at last invade Privileges of Parliament, and that great Privilege of judging of their own Privileges.
Suppose an Action should be brought in time of Prorogation against a Member of Parliament, for that he falsly and maliciously did exhibit a Complaint of Breach of privilege to the Parliament, whereby the
Party
was sent for in Custody, and lost his Liberty, and was put to great Charges to acquit himself, and was acquitted by the Parliament.
If upon such a Case the Jury should find the Defendant guilty, Why should not that Action be maintain'd as well as this at Bar? It may be said for that Action, that the Judgment of the Parliament is follow'd; and the privilege is not try'd at Law, but determin'd. 1. In the House. 2
dly
, It may be said the
Party
has no other way to recover his Charges.
It should be dangerous to admit such an Action, for then there would be peril in claiming Privilege; for if the
Party
complain'd of, had the Fortune to be acquitted by the House, the Member that made the Complaint would be at the Mercy of the Jury, as to the point of Malice and Quantity of Damages. Such a President I suppose wou'd not please the Parliament, and yet it may with more Justice be the second Case, than this at the Bar the first.
Actions may be brought for giving Parliament Protections wrongfully. Actions may be brought against the Clerk of the Parliament, Serjeant at Armes, and Speaker, for ought I know, for Executing their Offices amiss with Averments of Malice and Damage; and must Judges and Juries determine what they ought to do by their Officers? This is in effect prescribing Rules to the Parliament for them to act by.
It cannot be seen whither we shall be drawn, if we meddle with Matters of Parliament in Actions at Law. Therefore in my Judgment the only safety is in those Bounds that are warranted by Acts of Parliament or constant Practice.
Suppose this Action had been brought before the Election had been decided in the House, and the Jury had found one Way, and the Parliament had Determin'd contrary, how Inconsistent had this been?
But it was said in the
King's-Bench
, that the Court would not try it before the Parliament had Determin'd the Election, and then that cannot be Contested, but the Judgment of the Parliament must be follow'd; and my Brother
Ellis
but now said,
Surely no Man will be so Indiscreet as to bring such an Action before the Parliament hath Determin'd it, and the Court will not Try it before such time as the Election be Determin'd in a proper Way
.
In my Opinion this was not rightly consider'd, for how can the Court stay any Suit to expect the Determination of the Parliament? And what Reason or Justice is there, who is no Party call'd to answer in the Parliament should be concluded in any thing by a Judgment between other Parties, to defend himself from a Demand of Damages in a Court of Law, where Witnesses are not Examin'd upon Oath, which they cannot be in the Commons House?
There is no Reason the Suit of Law should stay till the House have Determin'd the Election, if the Determination of the House be not Conclusive in that Suit.
And for the Discretion of the Parties that are like to bring such Actions I cannot depend upon it; for I see in this Age, some Men will insist upon their private Rights, to the hindrance of Publick Affairs of higher Consequence than any that come before the Courts in
Westminster-Hall
.
It may be there will not want Men that will press us to Judge in such Cases, and not only before the Parliament have Determin'd, but against what the Parliament have Determin'd; and will tell us that the Sheriff was no Party, that Witnesses were not there Examin'd upon Oath, and produce Arguments from Antiquity which we shall be loath to Judge of.
I can see no other way to avoid Consequences derogatory to the Honour of the Parliament, but to reject the Action; and all others that shall relate either to the Proceedings or Privilege of Parliament, as our Predecessors have done.
For if we shall admit general Remedies in Matters relating to the Parliament, we must set bounds how far they shall go, which is a dangerous Province, for if we Err, Privilege of Parliament will be invaded, which we ought not any way to endamage.
This I speak of general Remedies: Now I will consider this particular Case, which in my Opinion, would bring Danger and Dishonour to the Parliament.
It is Dishonourable to the Parliament that there should be not Protection in their Service; I have shewn that the Sheriff can be safe in no Case, if he shall be Sued in such a Case as this: And can there be a greater Reproach than that there is no safety in their Service? No body can serve them cheerfully and willingly at that Rate.
It has been objected that the Sheriff is not their Officer, but is the Officer of the Court of
Chancery
, which sends forth the Writs and receives the Returns. The Argument is plausible, but will not pass in the Parliament; for they say the Court of
Chancery
is the Repository for their Writs, but will not allow them to Issue without Warrant from the House: They will not suffer the Court of
Chancery
to meddle with the Returns or the Sheriff. The Parliament sends immediate Order to the Sheriff, if the Return be too slow, they direct the Sheriff to Amend his Return, and they punish the Sheriff where they find him faulty; so that it appears they exercise an immediate Jurisdiction over the Sheriff. And I suppose they would Judge it very False Doctrine for us to (nor indeed can we any way) meddle with the Returns or the Officer.
Admitting the Sheriff to act in Returns as the Officer of the Parliament; It concerns them that he should be lyable to no other Punishment but what they Inflict, otherwise they cannot expect to be obey'd.
To have others Judge when their Servants do well, will be to have others give Rules to their Servants and Service, which they will think Inconvenient.
Let it be considered how hard a Task Sheriffs have in their Elections of Knights to the Parliament: The Appearance commonly is very Numerous, the Parties Contesting very Violent, the Proceeding Tumultuous, the Polling sometimes is at several Places at once; so that the Sheriff can hardly be a Witness of the Action, and if the Dispute be in the House of Commons he is no Party to it. If after all this the Sheriff, who cannot indemnify himself by Security, shall be lyable to an Action, the Service of the Parliament may be reckon'd a miserable Slavery; which is not for their Honour.
As this is Dishonourable, so it is Dangerous to Parliaments; it concerns the Kingdom that Returns to the Parliament should be upright and impartial, and that they may be so, the Sheriff should be secure from all Fears.
Judges are not lyable to Actions, that they may Proceed uprightly and impartially; if they were subject to Suits for their Judgments, there is that earnestness and confidence on both sides, that one side would be dissatisfy'd and trouble them, and they could not discharge their Duty without Apprehensions of Disquiet.
If the Sheriff be dispos'd to Actions thus, let us consider what and whom he is to fear: He may fear the Suit of the Party, and he may fear the Suit of the King. It follows necessarily that if an Action lies, an Information, for the King will also lie for the Misdemeanor of his Office, if it be not a Case privileged by the Complexion of it, as Parliamentary from being Examin'd in
Westminster-Hall
, but that he may be punish'd at the Suit of the Party, he may certainly as well be punish'd at the Suit of the King, If so, where is the Sheriff's Security? Will his own Innocence secure him? That will be Try'd by a Jury of the County where the Parliament sits; who are, it may be, Strangers to him as well as to the Matter, or by a Jury of the Country where the Election was; where, it may be, they will be of an opposite Party, the Plaintiff may wait his
opportunity
, and question him Twenty Years after: and if he be Condemn'd his Punishment is unlimited, a Fine may be set any height for the King, and Damages may be given to any Value for the Party: Where is his Security upon such Proceedings? Will he not be more afraid of such Punishment out of Parliament than of any Punishment in Parliament? Will not, nay may not his Terror make him desire to please them that can punish him out of Parliament, rather than to do Right? Will not that be dangerous to the Constitution of Parliaments?
As the Punishment out of Parliament may be a Punishment to those who mean well, so colourable Punishments may be as mischievous on the other side; for they may prevent any Punishment, for
Nemo bis punitur pro eodem dilicto
, they may serve for Protection of Men that do it: When it is seriously weigh'd of what Consequence this may be, the Case at Bar will not be thought a Case fit to be receiv'd by the Judges without the Countenance of Law.
They object here is Malice found by the Verdict, and that there is no Danger or Inconvenience that accrews by reason Malice, but ought to be Punish'd.
This Objection fortifyes my Opinion; for Malice, upon which they would have the Scales turn in this Case is not a thing Demonstrative, but Interpretative, and lies in Opinion, so that it may give an Handle to any Man to punish another by.
The Instance of this very Case shews, that a good Man may reasonably be afraid of the Event of his Defence in such a Case.
For altho' the Matter was of great Examination in Parliament, and at last decided but by few Voices, and no observation of the Sheriffs Miscarriage there, tho' it appear'd upon the Tryal (which I may say being present there) that the Sheriff was guided by the Advice of his Friends, of Council and of Parliament Men, that told him the only safe Course was to make a double Return, yet the Jury Condemn'd him to pay 800
l.
against the Expectation of the Court; for the Judges that were present at the Tryal did all declare publickly that they would not have given that Verdict.
The Jury heard all the Evidence the Jury could go upon, for being of a remote County to the place of Election; the Jury could know nothing of their own knowledge, and yet the Judges concurr'd not with the Jury in their Opinion.
I know we are not to examine the Truth of the Verdict, we must take it for Gospel, neither do any Partiality in this particular lead me in Judgment; but I shew it as an Instance that Malice is not demonstrative; Mens Minds may be mistaken, and Innocent Men may therefore have reason to be afraid, especially in Ill Times, and may use such Means for their Safety as may not be convenient for Parliaments.
But there can be Danger or Inconvenience in the Censure of the Parliament that represents the whole Kingdom, who hitherto have alone exercis'd this Power, and who may at any time Reform the Law, if the present Practice be any way Inconvenient.
Upon these Reasons which I have produc'd I ground my Opinion; Now it will be necessary to weigh what hath been said in Opposition to it.
The Arguments urg'd on the other side, related either to the Ingredients or Circumstances of this Action, or to the Foundation or Substance of it.
I call the Ingredients and Circumstances of the Action, that it is laid with these Words;
Falso, Malitiose, Deceptive, Scienter
, And that there is a Verdict in this Case, and are Damages found.
The words
Falso, Malitiose, & Deceptive
, will sometimes make a Thing Actionable, which is not so in it self, without Malice prov'd, tho' there be the same Damage to the Party.
As where a Man causes another to be falsly Indicted, yet if it be not
Malitiose
, no Action lies, tho' there be the same Trouble, Charge and Damage in one Case as the other.
But it is only where a Man is a voluntary Agent, for if a Man be Compellable to act, you cannot molest him upon any Averment of Malice; as if a Grand Jury-Man causes another to be Indicted, tho' you aver Malice, you cannot have an Action against him; so for a Witness that doth testify, or a Judge that judgeth.
In the Case at Bar, the Sheriff is Compellable to act, and not barely as a Minister to send the Indenture; but as a Judge to say which is the Major Part; and if he mistakes, there is no reason it should subject him to an Action upon an Artificial Averment of Malice.
I remember in
Shepherd
and
Wakeman's
Case in the
Kings-Bench
, Mr. Justice
Windham
said well, that the words
Falso & Malitiose
were grown words of course, and put into every Action; so that to his knowledge Juries many times had no regard to them, that he look'd upon them as Words of Form.
If we should make the words
Falso & Malitiose
support an Action without a fit Subject Matter, all the Actions of Mankind would be liable to Suit and Vexation, they that have the Cooking (as we call it) of Declarations in Actions of the Case, if they be skilful in their Art, will be sure to put in the words
Falso & Malitiose
, let the Case be what it will they are here Pepper and Vinegar in a Cook's hand, that help to make Sawce for any Meat, but will not make a Dish of themselves.
Falso & Malitiose
will not enable an Action against a Judge.
Nor against an Indictor or Witness, nor where words are not Actionable, tho' the Plaintiff hath a Verdict and Damages found, nor for a Breach of Trust, which is
alieni fori
.
The reason of every one of these Cases holds in the Case at Bar. Therefore it ought to have the same Resolution.
As to the word
Scienter
, it hath weight sometimes, as if an Action be brought for keeping a Dog that Worried others Sheep,
Sciens Canem ad mordend' Oves cousuetud.
or for detaining the Servant or Wife of another;
Scienter
in these Cases, if the Defendant hath been told that the Dog did worry Sheep, or that it was the Servant or Wife of another, tho' it may be he did not believe it, yet it was
Scienter
, for the word implies no more than having Notice; and in those Actions he must inform himself at his peril, and may if he doubts, avoid Danger, by putting away those things which give Offence. But in this Case he could receive Information by none, and is not to believe or disbelieve any body, but is bound to judge of the thing himself, and to act according to his Judgment, so that no proof could be made of the
Scienter
, for one side tells him the Election was one way, and the other side tells him it is the other way, but he being present to the whole Action, must follow the Dictates of his own Judgment; Hence it appears
Scienter
in this Case is an empty word, not referring to Notice of a Fact, but of Matter to Judgment, which cannot any way be prov'd.
It has been often urg'd that this Case is stronger by being after a Verdict and Damages found by the Jury, and it has been said that perhaps upon a Demurrer, it might have been found more doubtful.
The Case is the same to me upon a Verdict that it should have been upon a general Demurrer, and no stronger, for a Demurrer is the Confession of the Party of all that can be prov'd, or can possibly be found upon that Declaration.
It is my Lord
Coke's
Advice in
Cromwell's
Case, 4th
part.
14
a.
never to Demur to a Declaration, if there be any hopes of the Matter of Fact; for the Matter in Law will as well serve after a Verdict, as upon Demurrer.
The finding the Plaintiff's Damages adds no strength to the Case, for we see every day upon Actions for Words, tho' the Jury find the Defendant guilty for speaking Words
Falso & Malitiose
, and find it to be to the Plaintiffs great Damages, yet if the words are not such as will bear an Action, the Court stays Judgment; and if Judgment happen to be given, it is reversable for Error, which shews that the finding Damages by the Jury cannot make an Action better than if it were to be adjudged upon Demurrer.
I shall now consider what hath been said to maintain this Action upon the Main Substance and Foundation of it. They say this is a Case within the general Reason of the Common Law, for here is Malice, Falsity and Damage, and where they concur, there ought to be Remedy. And altho' this be a new Case, yet it ought not for that Reason to be rejected, for other kind of Actions have been newly introduc'd, and this is fit to be entertain'd as any.
My Brothers that argued even now for the Action shew'd great Learning and great Pains, and certainly have said all that can be invented in support of this Case, but as far as I could perceive, they have spoken upon general Notions to that purpose I just now mention'd: but nothing that I could observe applicable to the Reasons and Differences I go upon.
As for the Rule they go upon, that where Falsity, Malice and Damage do concur, there must be Remedy; I confess it is true generally, but not universally, for it holds not in the Case of a Judge, nor an Indictor, nor a Witness, nor of Words that import not legal Slander, tho' they are found to bring Damage, as I have shewn before. And the Reasons that exempt these Cases from the general Rule have the same force in the Case at Bar.
I must confess the Judges have sometimes entertain'd new kinds of Actions, but it was upon great Deliberation, and with great Discretion, where a general Convenience requir'd it.
If
Slade's
Case were new (for my Brother
Thurland
truly it was said in that Case, that there were infinite Numbers of Presidents) that Case imported the Common Course of Justice. Actions for Words that are said to be new, tho' they have been us'd some hundreds of years, are a necessary Means to preserve the Peace of the Kingdom. The Case of
Smith
and
Craschaw, Cro. Car.
15. was a Case of general Concern, being that Prosecutions for Treasons may be against any Man and at any time.
But in the Case at Bar, neither the Peace of the Kingdom nor the Course of Justice is concern'd in general, but only the Administration of Officers of the Parliament in the Execution of Parliamentary Writs, and can never happen but in time of Parliament, and must of Necessity fall under the Notice of the Parliament; so that if the Law were Deficient it is to be presum'd the Parliament wou'd take care to supply it: Discretion requires us rather to that, than to introduce new Presidents upon such general Notions that cannot govern the Course of Parliament.
My Brother
Atkyns
said the Common-Law comply'd with the Genius of the Nation, I do not understand the Argument; Does the Common-Law change? Are we to Judge of the Changes of the Genius of the Nation? Whither may general Notions carry us at this Rate? For my own part I think, tho' the Common-Law be not Written, yet it is certain and not Arbitrary; We are Sworn to observe the Laws as they are, and I see not how we can Change them by our Judgments; and as for the Genius of the Nation, it will be best considered by the Parliament, who have Power of the Laws, and may bring us to a Complyance with it.
In the Case at Bar I look upon the Sheriff as a particular Officer of the Parliament, for the managing Elections, and as if he were not Sheriff: I look upon the Writ as if it were an Order of Parliament, and had not the Name of a Writ; I look upon the Course of Parliament, which we pretend not to know, to be incident to the Consideration of it; so that it stands not upon the General Notion of Remedy in the common Course of Justice.
The Arguments of the falling of the value of Money, whereby the Penalty of 100
l.
provided by the 23.
H.
6. is become inconsiderable, and the increase of the Estimation of being a Member of Parliament, if they were true, are Arguments to the Parliament to change the Law by increasing the Penalty, but we cannot do it.
My Brother
Maynard
in his Argument wou'd embolden us, telling us we are not to think the Case too hard for us, because of the Name of Course of Parliament, for Judges have punish'd Absentees: They may Determine what is a Parliament, what is an Act of Parliament, how long an Ordinance of Parliament shall continue, and may punish Tresspasses done in the very Parliament.
I will not dispute the Truth of what he said in this, but if his Arguments were Artificial, he might have spared them; for they have no manner of effect to draw me beyond my Sphere.
I will not be afraid to determine any thing that I think proper for to judge, but seeing I cannot find the Courts of Justice have at any time medled with Cases of this Nature, but upon express Power given them by Acts of Parliament, I cannot consent to this President, I am confident when there is need, the Parliament will discern it, and make Laws to enlarge our Power, so far as they shall think convenient.
I see no harm that Sheriffs in the mean time should be safe from this new devis'd Action, which they call the Common Law; if they misdemean themselves, they are answerable to the Parliament, whose Officers they be, or may be punish'd by the Statute made for Regulating Elections.
It is time for me to conclude: which I shall do by repeating the Opinion I at first deliver'd, (
viz.
)
That this Judgment is not warranted by the Rules of Law;
That it introduceth novelty of Dangerous Consequence, and therefore ought to be Revers'd.
Sæpe viatorem nova non vetas orbita fallit
.
Note
, The Lord Chief Justice
Vaughan
and Lord Chief Baron
Turner
, both deceas'd, who in their Lives were Eminent Members of Parliament, were of the same Opinion; And the Judgment was accordingly Revers'd.
FINIS.
THE Counsellor's PLEA FOR THE DIVORCE OF Sir
G. D.
and Mrs.
F.
George Downing, Mrs. Forrester
By a Free Thinker
LONDON
: Sold by
R. Burleigh
in
Amen-Corner
.
May
1715. Price 6
d
.
TO THE
READER
.
THE following
Plea
is to be understood as Written by a Gentleman of the Law, very knowing in his own Profession, but more Conversant in Church-Writers than Lawyers generally are, or need to be: This made him more careful to observe what became of the
Bill of Divorce
, which was lately brought into the House of Lords, on the Behalf of Sir.
G. D.
and Mrs.
F.
; and he us'd such Means as to get to be present, and to hear whatever was said
for
or
against
that Bill, from the bringing it in, to the dismissing it. We who were his Friends, and knew the Calmness, and the marvellous good Temper of the Man, were much surpriz'd to find him return from
Westminster
, one Night, in such a fretful ill Mood, that we could hardly get a good Look from him, tho' he loved us all. At last he told us that the
Bill of Divorce
was thrown out; and then we found the Occasion of his Sullenness, upon which we rally'd him handsomly, and provok'd him, all we could, to tell us how things had gone: But all we could get from him, was , "Learn to Declaim, Friends, learn to Declaim; mind not Reasoning close; nor be concern'd for Consequences; get some good Words in your Mouths, and use them often; Eyes and Hands, and devout Shrugs, will do more Service than you think for." This put us so in mind of Prince
Hamlet's
way of Talking, in the Play, that we all of us burst into Laughing, and brought our Friend into the same Fit with us. But this Effect it had, that when he was come to himself, he was perswaded by the Company to make a
Plea
, upon such Topicks as he thought would have been proper for that Great Assembly, where the Cause was to be agitated: And we gave him a Fortnight to do it in, and then to bring and read it to us. This was a Way that half a Dozen of us us'd to take to perfect ourselves in Pleading. Our Friend undertook the Task, and perform'd it in the following Manner; but we never saw the Face of that excellent Man, after we parted with him; a sudden Distemper put a sudden End to his Life, and to the Hopes he had rais'd, in all that knew him, of becoming one of the eminentest Men of the Age. We found, by his foul Copy, that he had added a good deal to what is here said, and had fall'n, with some Sharpness, upon the Antient
Latin
ChurchWriters, tho' he had otherwise a very great and true Respect for their Works; but this he had drawn a Scratch over, and so we have left it out. Our Love to our Friend may make us somewhat Partial in his Favour, and over-value his Performance; but nothing can make us believe, that it will not be very acceptable to the Publick; nor hinder us from hoping, that from hence it will be seen, that something more was due to this
Unfortunate Pair
than the
Common Pity
.
THE
CASE
.
I. G. D.
without the Knowledge and Consent of his Father (then alive, but accounted not of sound Judgment) was, at the Age of Fifteen, by the Procurement and Persuasion of those in whose Keeping he was, Marry'd, according to the Church Form, to
M. F.
of the Age of Thirteen.
II.
This young Couple was put to Bed, in the Day time, according to Custom, and continu'd there a little while, but in the Presence of the Company, who all testify they touched not one the other; and after that, they came together no more; the young Gentleman going immediately
Abroad
, the young Woman continuing with her Parents.
III. G. D.
after Three or Four Years Travel, return'd home to
England
, and being sollicited to live with his lawful Wife, refus'd it, and frequently and publickly declar'd he never would compleat the Marriage.
IV.
Fourteen Years have pass'd since this Marriage-Ceremony was perform'd; and each party ha ving (as is natural to think) contracted an incurable Aversion to each the other, is very desirous to be set at liberty; and accordingly Application is made to the
Legislative Power
, to dissolve this Marriage, and to give each Party leave, if they think fit, to Marry elsewhere.
The Reasons against such Dissolution, are,
First
, That each Party was Consenting to the Marriage, and was Old enough to give such Consent, according to the known Laws of the Kingdom; the Male being Fifteen Years Old, the Female Thirteen; whereas the Years of Consent are, by Law, Fourteen and Twelve.
Secondly
, They were actually Marry'd according to the Form prescrib'd by the
Church of England
; the Minister pronouncing those solemn Words us'd by our Saviour,
Those whom God has joyn'd let no Man put asunder.
They are therefore Men and Wife both by the Laws of God and of the Land; and since nothing but
Adultery
can dissolve a Marriage, and no
Adultery
is pretended here, the Marriage continues indissoluble.
THE
PLEA
.
My Lords
,
I Intreat You to favour me whilst I speak a few Words to the Bill that is now brought before You, notwithstanding what I hear whisper'd about by the People that stand near me, that this is a Matter proper to the
Clergy
, and that we are to acquiesce in the Judgment and Opinion of my Lords the
Bishops
, who are agreed that such a Marriage as this is not to be dissolv'd. My Lords, the Bishops themselves are (under favour) not agreed upon this Matter, altho' the Majority of the present Ones is, as I hear, against the Dissolution of this Marriage: But were they all here and all Unanimous in the Point, would that be a binding Argument? I am a little asham'd to hear
Laymen
say that Cases of this Nature fall not properly under their Cognizance and Consideration, but are to be decided by the
Clergy
only. There are no such Difficulties in the Case before us, as I apprehend it; 'tis what we may all of us understand, and, I believe, we most of us do: And to defer and yield intirely to
Authority
where we are able to hear Reason and to Judge, is a Submission that is no more due, than, I dare say, it is expected by that Venerable Bench. I will therefore, with your Lordships Indulgence, speak my Mind in this Matter freely.
I hear it is said, my Lords, that a Marriage that was once good and valid, is for ever after that
indissoluble
, unless in the Case of
Adultery
. I wonder, by the way, how they came to except
the Case of Adultery
; for tho' our blessed Saviour has excepted the Case of Adultery, yet the Stream of Authority, the Generality of those Great Men, whom we call the
Fathers
of the
Latin
Church, together with the Rabble of
School-men
and
Commentators
, have almost all to a Man, deny'd the Innocent Party the liberty of Marrying again, altho' divorc'd from an Adulterous Partner; and I would fain know how much a
Divorce
is worth, above Six-pence, without leave to Marry again, if the injur'd Party pleases? But I only mention this, to let your Lordships see, whither the Reverence of Authority alone, and Great Names, may carry those who will be led tamely by them, and will not use the Reason and good Sense which God has given them.
I ask your Lordships Pardon for this Digression, and come to the Point. A Marriage, we are told, is good, where the Parties concern'd were at Age and liberty to Consent, and actually Consented, and were actually Marry'd by the Form prescrib'd in the Book of
Common-Prayer
. And such a Marriage, we are also told, is
indissoluble
by the Law of God. I will not waste the least of your Lordships Time in needless Cavils, but take it for granted, that the Man now concern'd was Fifteen Years of Age, and the Woman Thirteen, which are Years of Consent by the Laws of the Land: And that they were actually Marry'd by the prescrib'd Form. But I deny that the Marriage is therefore
indissoluble
by the Legislative Power of the Land, and that for many Reasons.
My Lords, The Years of Consent are not fix'd to Fourteen or Twelve either by
Nature, Reason
, or
any Law of God
; but purely and meerly by the positive Laws of the Land, which may change them to Morrow; and if they were chang'd to Day, no Man in
England
would, I dare affirm it, be dissatisfy'd; it seems so senseless and unreasonable to give our Children the Power of disposing of their
Persons
for ever, at an Age when we will not let them dispose of Five Shillings, without Direction and Advice. But I insist not upon that at present, the Law is already made, and I consider it as such; but still it is but a
Human Law
, and the same Power which determines it to bind in the
general
, may, if it seem fitting, determine it not to bind in this or any such
particular
Case; and that without Offence either to God or Man. The Laws indeed must fix upon a certain Time, or otherwise the Subject will want Direction, and a Rule to go by. And let us take it for granted now, that the Time fix'd by the Laws is a reasonable and fitting Time for 99 People in a Hundred; yet if the Hundredth Person be aggrieved to Death, or worse than Death, by such a Law, what is the Impediment, what the Danger, what the Mischief, of declaring the Hundredth Person not to be bound by that Law? If it were possible for Human Wisdom to foresee all the Inconveniences and Mischiefs that can arise, would not the Legislative Power provide a Remedy for all? Would it not make its Rules as comprehensive as it could, so that they might comprize and take in all Cases and Persons possible? But this we find was never done, nor ever will be done: No Foresight is sufficient for all Accidents. But there is Room for After-thought; and a Power to Cure the Evils which it could not prevent, because it could not foresee, is lodged in every Government. 'Tis to that Power we have now recourse: We pray Relief against a Law, which however just and fitting it may be thought in itself, and beneficial to Others, binds
Us
to nothing but Misery; and truly
kills
, according to the Letter. The Man and Woman were
at Age
, according to the Law, but wanted that Maturity and Forwardness of Age, which the Law supposes and requires in People of Twelve and Fourteen, when it makes them capable of Marrying at those Years. They gave
Consent
indeed with their Tongues, and pronounc'd the solemn Words, by which they mutually deliver'd up themselves each to the other, that is, they did as they were bid to do, and said just as the Parents and Priest commanded them to say. But where was the Consent of Heart? Where was the Knowledge and Understanding that is requisite to the form ing a Resolution of this nature, and to the making such a solemn Contract? My Lords, the Children were entirely passive in the Matter, and very obedient to the Orders of those that govern'd them; and would have given away their Fortunes and their Liberties, and every thing they had, had they been bid to do so, in the same manner. I may affirm, because I have taken great Pains to be inform'd of the Truth, that this young Couple came together to Contract, and to Consent to Marriage, without so much as the Desire or Appetite of being Marry'd; without so much as knowing what it was they were to Bargain and Contract for: They consented to give the Use and the Dominion of their Bodies each to the other, as long as they both should live, without so much as understanding what they meant when they said so; without so much as an Ability of making good their Promises and Engagements.
This, my Lords, is the
Consent
this Couple of young and thoughtless Creatures gave; and this Consent the Church, it seems, insists upon. The solemn Promise was pronounc'd in solemn manner by the Priest, and the Children were bid to
say after him
, and said after him, and then the Knot was ty'd, that nothing can loose but Death. Is there any thing in the World so like a
Charm
as this? My Lords, there is not any Contract in the World but may be utterly dissolv'd, by the free Consent of Parties, if without Prejudice to any Third. I like a Horse that is in any Man's Possession, and he likes the Price I offer for it; we thereupon agree, and pass our Words each to the other: His Promise then gives me a Right to the Horse, and my Promise gives him a Right to the Price agreed upon. But in a little time we each of us bethink ourselves, and each dislikes the Bargain he has made, and each agrees to set the other at his liberty: I have not us'd your Horse, nor have you gotten my Money. Here the Contract is utterly dissolv'd by the Consent of Parties, and no third Man is hurt thereby. Will any Man say that we have done amiss? Will any one say that we have so much as broken our Word each to the other? The Word I gave to him was to secure his Bargain; the Word he gave to me was to secure me mine. If he dislikes the Bargain, he gives me (as it were) my Word again; and so do I to him; and then we are again at liberty. My Lords, If we should carry the Matter farther yet, and to secure the Bargain we seem at first so fond of, should give our
Oath
to each the other, in Presence of a great Company, and with what Solemnity besides you will, yet I affirm, (and so do all the
Casuists
in the World, as I am told by those who know) I say, my Lords, that I affirm, that if in this Case, after this solemn Oath, we should both of us freely consent to break this Agreement off, and no Body else be hurt thereby, we should neither of us be guilty of Perjury, or Breach of Oath. Our Oaths were given to each the other, to secure the Promises that were made; and if we, each of us, see reason to consent, and freely do consent, to release each other of his Promise, the Oath can lay no farther Obligation on us. I promised, and I swore I would perform that Promise to him; he did the same to me; but neither of us, after some time, car'd, or requir'd, to have such Promise made good to him; our Oaths must therefore follow the Nature of our Promises; and when the Promise is releas'd, the Oath is so also. It may be we both of us did amiss in calling God to Witness (as in an Oath Men are presum'd to do) in an Affair of so light Moment; I will not dispute that now, but I maintain that such an Oath obliges not, if the Promise, for whose Security the Oath was given, be mutually releas'd, and no Body hurt thereby. My Lords, I appeal to those who understand these Matters whether what I say be not true.
Whence is it then, that the
Marriage-Contract
should be indissoluble, when all other Contracts, tho' confirm'd with solemn Oaths, may be dissolv'd, if the contracting Persons agree to such a Dissolution, and no Third Person suffers by it? How comes a Promise of this Nature to differ from all other Promises whatever? Oh, say the
Popish
Casuists, it is because this same Matrimony is a great
Sacrament
. No, say the
Protestant
Divines with us, it is no Sacrament, but it is the Ordinance of God, instituted in Paradice, in the Time of Man's Innocence and signifies to us the mystical Union that is betwixt Christ and his Church; and the Promise is made with all Solemnity, in the Presence of God, in the Church, before the Priest and all the Company, and confirm'd with the Words of Christ: And therefore a Consent and Promise made in such a solemn manner can never be retracted or dissolv'd.
My Lords, I intend not to say one Word against the Dignity of Marriage. But I do not think that the Solemnity of
Words
, of
Place
, and
Company
, in which a Contract is made, adds any Strength or Virtue to such Contract, or makes it more Obliging.
A Man indeed will certainly be more
asham'd
to break a Promise made at Church, and before a great Company, than he will be to break such a Promise made to his Friend alone, at his own House. But is he more oblig'd in Conscience to keep his
publick
Promise than his
private
one? Will any honest Man say that? The Obligation therefore does not arise from the Solemnity of
Words
and
Place
, and
Company
, but from the free and voluntary Promise which a Man makes, and the Right he thereby gives to another. The Scandal also and Offence that is given and taken by a Breach of Promise, made in solemn manner, is indeed greater, than is occasion'd by the Breach of a Promise made in private: But the reason of that is, because more People know of it; for if the same People were assur'd that such a Promise was indeed made, altho' in private, they would as certainly condemn the Breach of it, as they would, had it been made before them all; and they would be as much scandaliz'd at such a Breach, as if they had been Witnesses to the making the Promise: Which is a Proof that a Man's Obligation to keep his Promise arises from
his having freely made it
, and not from his having made it in such a
Place
, and before such a
Company
, and in such a particular
Form of Words
.
The first Marriage that ever was made, was made without any Words at all, that we know of, expressing their Consent; and it was so
Clandestine
, that there was not so much as a mortal Man by, no not a
Priest
to joyn them together: But God who made them, brought the Woman to the Man, and instructed them by Reason and natural Principles, that they were made each for the other. There was Consent of Heart, and Union of Affections. But I insist not upon the Example; it is too singular to be a Rule. Years of Age are necessary; and Consent, in express Words, mutually given and taken, is necessary to make a Marriage-Contract good and valid.
This is the Ordinance of God, this is of divine Appointment, that one Man and one Woman should freely and knowingly give Consent to be each others, to all the Ends and Purposes of Matrimony, as long as they both should live, and should not be allow'd to give themselves to any ones Use besides.
And all that Christ added (if indeed he added any thing, or did any more than revive it) to this original Institution was, That when either of the Parties brake their Contract by Adultery, the innocent Party was at liberty to seperate from the faulty One, and Marry another, if it were thought fitting. Since therefore all that is absolutely necessary to the making a MarriageContract, is, that a Male and Female, who are at Age, and liberty to Consent, should actually Consent to give the Use and Dominion each of their Bodies, to the other; and, exclusive of all others, to live together faithfully till Death parted them: Since this is so, I do affirm, that
Caius
and
Caia
, two
Heathens
, giving their Consent, in the Manner abovemention'd, in their Father's Parlour, are Man and Wife
according to God's Ordinance
; their Marriage is as true, as good, and as innocent a Marriage, in the Sight of God, as the Marriage of a
Jew
and
Jewess
, tho' both in Covenant with God, made before the High-Priest himself, with all the Ceremonies you can imagine, and in what Form of Words you will, before a hundred Witnesses, and at the Altar in the Temple of
Jerusalem
.
I am, my Lords, so satisfy'd of the Truth of what I say, that I go on to say, with all Assurance, that the Marriage-Contract of this
Caius
and
Caia
was as good, as binding, and as innocent as the Marriage-Contract of any Lord in this Assembly, tho' Solemniz'd in the Church of St.
Paul's
, according to the establish'd Form in the
Common-Prayer
, by his Grace my Lord Archbishop of
Canterbury
himself, repeating those most sacred Words of Christ,
Those whom God has joyn'd, let no Man put asunder.
And I averr, That God did as surely joyn
Caius
and
Caia
, when they Consented to become Husband and Wife for Life, as he has joyn'd any Couple else for these Seventeen hundred and fifteen Years. So that I hope, my Lords, you will not suffer your Eyes to be dazl'd with the Pomp and Glitter of great Words, and awful Sounds, which fly before good Sense, and vanish when you come to look into the Reason of Things.
Caius
and
Caia
must express their Consent in
Words
and
Signs
appointed by the Laws of their Country; and must be Married by the
Persons
set apart for such Service, according to the Rites and Ceremonies of their Religion: So must the
Jewish Pair
, according to theirs; and so must
Christians
also. But there is something common to them all; and that in which they all unite must needs be that which makes the MarriageContract valid and obliging. And what is that, but that a Male and Female should be at Age to Consent, and at Liberty to Consent, and should actually Consent, to give to each the other the Use and Dominion of each others Body, exclusively to all the World besides, as long as they both shall live?
This is properly the Marriage-Contract, and common to all Nations and Religions; and all beyond this, is Matter of Ceremony, Decency and Prudence; and order'd by the Legislative Powers of different Countries, as they see convenient. And I do not so much as pretend to dispute the Force and Obligation of these Laws, to such as are subject to these different Powers: They are, and may, and must be binding as to the Dowries of the Wives, and the Legitimation of Children, and their inheriting Estates and Honours, and in all such like Cases.
My Lords, so much has been said in favour of the Solemnity of
Words
, of
Place
, and
Persons
, which are, in truth, but
Circumstances
to a Marriage-Contract, that it has made me spend so much of your time, to try to lay aside that Prejudice, and to consider the present Contract in itself. We were not of Age sufficient for Consent, altho' we were of Age according to the Letter of the Law. We gave our Consent to be Marry'd, but it was not the Consent of Understanding, for we knew not what it was that Marriage meant. We repeated very solemn Words, after the Priest, as we were bidden; but it was but the Labour of the Lips, the Heart
did not
, the Heart indeed
could not
go along with them: For whether we take the Heart for
Knowledge
, or
Desire
, there was no
Heart
concern'd in all this Matter: We neither of us knew the Nature of the Contract we were making; we neither of us had so much as the Desire of doing what that Contract both supposes and requires. And now, my Lords, we humbly hope you will not let us be
at Age
, only to do ourselves irreparable Mischief; nor call that a
Consent
, which is to compleat our Ruine, and which can serve no other End.
We do not deny ourselves to have been at
legal Age
; we do not deny that we have given a
verbal Consent
; but we deny ourselves to have been at Years of Understanding, to give such a Consent as is reasonable and fitting in a Matter of such Importance. And we appeal to your Lordships Equity, whether this Age and this Consent shall stand good to our Undoing, and to the Advantage of no Creature in the World besides: For who, my Lords, will be the worse for setting us at Liberty, or who will be the better for our being Bound? I am exceedingly sensible, that I have trespass'd much upon your Lordships Patience, but I am bound in Justice and in Conscience to beg a little more of it, to speak a Word or two to the last Part of the Objection, That since the Parties before you, in Petition, are Man and Wife both by the Laws of God and of the Land; and since by the Laws of God nothing but Adultery can dissolve a Marriage, and no Adultery is pretended here, the Marriage of Consequence continues indissoluble.
To save your Lordships Time, I will grant every thing that can be granted; I grant, that by the Laws of God, nothing can dissolve a compleat Marriage but Adultery; and I grant, that no Adultery is pretended in the Case; but I deny that this Marriage before you, is therefore
indissoluble
, because I must and do deny the Marriage before you to be a
compleat
Marriage, by the Laws of God: And, I hope, with your Lordships Favour and Indulgence, to shew it is not a compleat Marriage, because it never was
consummated
.
The Love and the Desire that Men and Women have each of the other, is what is implanted in the Hearts of all of them, by God himself who made them; and is therefore as innocent an Appetite as any else they have; and it has (as every other Appetite) its proper Satisfaction provided for it by the good Creator: And when it fixes on its proper Object, is satisfy'd as innocently, as the Desire of Meat, or Drink, or Sleep can be. Marriage, my Lords, is fixing the Desire upon its proper Object: And this Desire is never to be satisfy'd with Innocence, but in the Marriage-Bed. The End of Marriage therefore is the Satisfaction of this Appetite. This is the End and Purpose of God in making them Male and Female; this is the Way, the only Way, of their becoming
one Flesh
: And therefore till the End is answer'd, where it can be answer'd, Marriage is not perfect and compleat. God cannot properly be said to have joyn'd those together, who never joyn'd themselves together, in the natural Way, of his Appointment: And therefore, under favour, 'tis a great Misapplication of those sacred Words, to the Case before us, where the two Parties never
came together
, in the Sense intended by those Words.
What can be plainer than this Proposition?
The End of Marriage, by God's Institution, is, that two should become one Flesh.
The Two before you in the Bill were never yet
One Flesh
. Your Lordships will make this Conclusion,
Those whom God has joyn'd let no Man put asunder
.
The Two before you in the Bill were never yet conjoyn'd by God, in the true Meaning of those Words; they may therefore as yet be put asunder by
Men
; as I hope they will by your Lordships.
My Lords, the Easiness of granting a Divorce in Cases of
Impotence
is a good Proof that Marriage is not compleat and perfect where the Ends of it are not to be obtain'd; nay, 'tis a Proof that it was no Marriage, but a
Nullity
from the beginning, altho' the Parties were at
full Age
, altho' they gave a
free Consent
, and were Marry'd with all Formalities; altho' the Priest pronounc'd them Man and Wife
in the Name of the Father, Son and Holy Ghost
, and said those sacred Words over their Heads,
Those whom God has joyn'd let no Man put asunder
, they were not Man and Wife, because they could not become
one Flesh
: They were not
joyn'd by God
, because they could not joyn themselves together. Your Lordships will consider therefore whether a Marriage not consummated (nor ever like to be consummated) be a compleat Marriage in God's Sight; so compleat, I mean, as to be
indissoluble
. I shall be told, I know, that in the Case before us, there is now no defect of
Power
, no
Impotence
or
Inability
to compleat the Marriage pretended, but want of
Will
.
I own it, and I only use the Instance to shew that a Marriage not consummated, is not
indissoluble
by the Laws of God; and that
an utter Aversion
to the Consummation of Marriage, in both Parties, is as good a Reason for a Divorce, as an Inability in
one Party
, which never fails of procuring a Divorce. In the one Case, the Parties are each of them untouch'd, pure and unsully'd even in Thought; whilst in the other, there must pass such Things, as I have neither
Will
nor
Leave
to mention; and yet a Divorce follows of course. My Lords, if ever we had
come together
in this manner, I had not had one Word to reply on this Occasion; all I have said of our
want of Age
would have signify'd nothing; all I have said of our giving
no Consent
had been said to no purpose; had Consummation fol low'd any time within these fourteen Years, we must not have appear'd in this Place. But when, to our want of Age, and want of Knowledge to consent to Marriage, we can also add, that we have never come together to compleat this Marriage, and that we are as pure from each the other, as we were when born, we humbly hope your Lordships will deliver us from the Chains which the Laws of our Country only have bound us with.
'Tis said, my Lords, that Consummation is not necessary to compleat a Marriage, because a Man is Master of the Woman's Fortune, and the Woman has right to her Dowry, altho' the Man or Woman should chance to die before the Nuptial-Bed were made ready. My Lords, I grant, that when the Parties who were at Age, and Liberty, have given their Consent, and the Priest has done his Work, according to the Form prescrib'd, the
Law
is satisfy'd, and looks no farther; and gives each Party a Right to all the Advantages agreed upon, tho' Consummation follow not: The Laws suppose that what is reasonable and fitting will follow, and only secures
legal Advantages
that are contracted for. The other is a Point of Duty and of Conscience. I only ask whether there be a Man or Woman in the World, who thinks that the End of Marriage, as it is God's Ordinance, is fully answer'd, 'till it be consummated? My Lords, we come not here to say that a Marriage is not a
legal Marriage
'till Consummation; nor to assign a
Day
, or a
Week
, or a
Month
, for such Completion: We presume not to trifle in that manner in such an Assembly as this. We only mean to say, that a Marriage not consummated, nor ever like to be consummated, is
dissoluble
, without Offence to any Law of God; and that a Marriage of that kind is not a compleat Marriage
in his Sight
; the full Purpose of
his Institution
is not answer'd 'till they become
one Flesh
. All that goes before is previously necessary to the making such Conjunction innocent, but it is not what is mainly and principally intended by Him
who made them Male and Female
. And therefore 'tis but an Impertinence to tell us that
Adam
and
Eve
were compleatly Marry'd before they went into the
Bridal Bower
: 'Tis so with every honest Couple, as well as with our first Parents: But would they have been compleatly Marry'd had they never gone into that Bridal Bower at all, and liv'd for many Years? What Marriage, I pray, would that have been? They might have been good
Company
and good
Friends
, but they could no more have been said to be
Man and Wife
, with respect to what God intended by Marriage, than
two Men
, or
two Women
, living together in
Unity
and
Amity
, may be said to be
Marry'd together
. I believe it would puzzle the Doctors to prove that
Adam
and
Eve
were ever Marry'd at all, any otherwise than by a mutual Consent to go together; for there was no Consent of any
Superiour
to ask or obtain; and there could be no need of promising to be faithful to each other, for there was no Body else to go to. I wonder such an Instance should be pitch'd upon.
But now, my Lords, I come to the great Argument of all which is brought to prove a Marriage
compleat
, tho' its Effect never follow; and that is, that
Joseph
and the
Blessed Virgin
were, and are often call'd, in the Holy Scripture,
Man and Wife
, altho' we are sure by Scriptures they never came together
till
the Holy Child was born; and,
by Tradition
, sure they never came together
after
it was born.
This Example I take to be the Ground and Bottom of all those absurd Doctrines and Propositions that are rais'd, in maintaining a Marriage to be compleat by the Consent of Parties, and the Benediction of the Priest, without any other fruit or effect.
Joseph
and the
Blessed Virgin
were certainly Espous'd and Betroath'd each to the other; and he thereby became so much
her Husband
, that he thought of putting her away, which shews he thought she was
his Wife
: And he is call'd
her Husband
by the Evangelist Saint
Matthew
; and she herself calls
Joseph
the Father of her Son,
Thy Father and I have sought thee sorrowing
: And a little before they are call'd
his Parents
. There is not a Word of all this that I either do, or dare deny. Be pleas'd, my Lords, but to remember and observe, that the same Scriptures that call
Joseph
the
Husband
of the Blessed Virgin, do also call
Joseph
the
Father of her Son
; and the same Scriptures that call
Joseph
and
Mary Husband
and
Wife
, do also call
Joseph
and
Mary
the
Parents of Jesus
. And he was in truth as much the
Husband
of the Virgin as he was the
Father
of her Son; and much in the same Sense, and to the same Purpose. My Lords, I have taken some Pains to understand this Matter, and what I am going to say I have from very good Authority, living as well as dead, for it is something out of the way of my Profession. It was absolutely necessary, by God's Appointment, that the Saviour of the World should be
born of a Woman
: And it was, by the same Appointment, full as necessary that he should not be the
Son of Man
, in the common Way. To reconcile these Difficulties therefore, he was
Conceiv'd by the Holy Ghost
, and
Born of the Virgin Mary
. But because this Saviour of the World was to be, in especial manner, the
Messiah
of the
Jews
, he was to be born a
Jew
; to descend from
Abraham
, according to the Promise, of the Tribe of
Juda
, of the House and Lineage of
David
. This
Messiah
of the
Jews
expected should be born as other Men were born; and they would never have receiv'd him as such, or heard him as a Prophet and Teacher sent from God, unless they had believ'd him to be born in
lawful Wedlock
; as they certainly did, or else you would have heard of it over and over in the Gospels, which conceal none of the Slanders, Contumelies and Reproaches, which the
Jews
, upon all Occasions, did so plentifully pour upon our Saviour. Had the Blessed
Mary
not been
Marry'd
, what would the People have said of her? What would they not have said of her and of her Son? It was therefore absolutely necessary to the
Jews
receiving Christ for the
Messiah
, and hearkning to him, that he should be born under the Reputation of
Marriage
; which could not be unless she took a
Husband
in the usual manner. You see what Entertain ment both his Person and Doctrine found, altho' he was suppos'd to be born in Wedlock, and of honest Parents, only because of their mean and low Condition; but what had been his Fortune, had they thought him
Spurious
?
I am almost sorry I have occasion to speak of these Matters; and I restrain myself from going on, in hopes that enough is said to shew, that the Marriage of
Joseph
with the
Blessed Virgin
was all (as I am told the antient Christian Writers call it)
according to Oeconomy
. It was to save Appearances; to cover both the Mother and the Son from the Reproaches of ignorant malicious People, till it should please God, in his own good time, to manifest the Truth more clearly to the World; and therefore tho' it might be wrapp'd in Prophecies before his Birth, yet it was not till after his Death that it became an Article of Faith, that he was
Conceiv'd by he Holy Ghost
, and
Born of the Virgin Mary
. During the Life of Christ,
Joseph
was the
suppos'd Husband
of the blessed Virgin, and the
suppos'd Father
of her blessed Son; and, under the Cover of that Relation, was to take upon him, under God, the Care and Protection of them both.
Will any Man, after this, pretend to say that this was a
compleat Marriage
, as Marriage is the Ordinance of God? It was compleat to all the Ends and Purposes that God intended by it: It screen'd the Mother and the Son from Blame and Slander; and it provided for them such Defence and Maintenance as was convenient. But what is this to God's Original Institution? Or how can such a thing be drawn into Example?
Joseph
and
Mary
are said to be marry'd, altho' they never
did
compleat that Marriage, altho' they never
must
compleat it, therefore a MarriageContract is a Compleat Marriage in any One else as well as them, altho' they proceed no farther! That is, (I humbly pray your Lordships to observe) there was a Marriage Contract made, about some 1715 Years ago, betwixt a holy Man and the most excellent and holy Maid that ever liv'd upon the Earth; plac'd in such Circumstances as never happen'd before, nor ever will happen again; upon an extraordinary and most astonishing Occasion: The Contract was, that this Man should be call'd the
Husband
of this Virgin, for Reasons that never happen'd before, nor ever will happen again; and this Couple, by God's Appointment, never were to touch each other, in the matrimonial Way, till the Birth of a Child, that was
to be call'd
(because He truly was)
the Son of God
. Now this most rare, most singular, most unexampl'd Instance, is brought to convince your Lordships, that a bare Marriage-Contract makes a Compleat Marriage, according to the Laws of God, without proceeding any farther, in every other Couple that is Marry'd: And the Parties for whom I now appear are said to be
compleatly Marry'd
, altho' they never came together, because the blessed
Virgin
and
Joseph
were compleatly Marry'd, altho' they went no farther than a Marriage-Contract, nor ever
could go
farther, by God's Appointment. My Lords, if such an Example as this can operate so extensively and strangely, we must give over making Conse quences in the way of Reason, and attend to the Dictates of our Spiritual Masters, without examining what it is they say. I do not know what Form of Words the
Jews
made use of when they were Marry'd; but I know, methinks, that the Form prescrib'd by the
Church of England
would have been very odd, improper, and absurd, to have been us'd to that blessed Couple, when it describes the Ends of Matrimony to be,
First
, For the Procreation of Children;
Secondly
, For a Remedy against Sin; and,
Thirdly
, For mutual Society, Help and Comfort, that the one ought to have of the other. The Sum of all is this, that the Ends of
this particular Marriage
, which God intended, were fully answer'd, by
a Marriage-Contract only
; but the Ends of Marriage
in general
, as it is God's Ordinance, neither were, nor might be answer'd by such Contract only; and therefore 'tis an absurd unreasonable thing to argue from the Compleatness of the one, to the Compleatness of any other, that
may
proceed farther, and that
ought
to proceed farther, and is certainly not compleat till it
does
proceed farther.
Another Argument to prove a Marriage to be compleat, by a Marriage-Contract only, without proceeding to Consummation, is fetch'd from the Law of
Moses, Deut.
xxii.23. where a Woman, betroath'd or espous'd to a Man, is to be Stoned to Death, as an Adulteress, if she admit another to her Bed; which shews that the Validity of Marriage proceeds from the mutual Covenant and Consent that two have given to be each others.
My Lords, I yield to every Word of this, and to whatever else can be said of the same kind. A Marriage-Contract does certainly give a Right to every thing contracted for. As soon as we are Marry'd I have a Right to her
Person
, a Right to her
Fortune
, a Right to her
Reputation
; and if any one injure her in any of those Particulars, I have a Right to her
Vindication
; for she is really mine, and I am hers: And I own I am as much Marry'd to her the first Morning, and she to me, as I shall be the Morning or Week after, as to all the Ends and Purposes which Human Laws can propose or take any Cognizance of. And if she Abuses any one the Hour after she is Marry'd, 'tis I must answer for it. If she gives away any of her Goods, which are now become mine, why no Body can receive them; I shall recover them, for they are mine. And if she give away herself, (tho' I have never yet come near her) she is certainly an
Adulteress
; she has given away what was mine, and broken her Faith and Contract, and is liable to whatever Penalty the Laws of the Country think fit to inflict upon such Offenders. I could moreover answer this Law of
Moses
by another Law of the same
Moses
, which sets a Man at liberty from a Maid he was betroath'd to, if she please him not when the Time of Marriage comes. 'Tis in
Exod.
xxi.8. And the only Difference is, that the Maid betroath'd in
Exodus
was not
free
, but a
Servant
; the Maid betroath'd in
Deuteronomy
was a
free Woman
. But tho' this makes a great Difference in the Laws and Customs of a Country, yet certainly 'tis none in Point of Conscience: The Obligation there is alike to
Bond
as
Free
, if other Circumstances make no difference. But the answering one Objection with another clears up nothing. I own that the Validity of Marriage proceeds from the mutual Covenant. But pray what is this mutual Covenant? Is it not the Consenting and Agreeing of a Man and Woman to give to each other the Use and Dominion of their Bodies, exclusive of all the World besides, as long as they both shall live? What is it that the Parties
Contract for
? What is it People
Consent to
upon these Occasions? I know it is said by Father
Ambrose
,
Connubium non facit Defloratio Virginitatis, sed Pactio Conjugalis
.
And it was said before him long by Father
Ulpian
,
Nuptias non Concubitus sed Consensus facit
.
And certainly every Body will say after them, that the Agreement of a Man and Woman to lie together, does not make a Marriage. But will St.
Ambrose
tell us, that a
Pactio Conjugalis
(a Marriage Covenant) can be fully answer'd without
Concumbency
, if the Parties live and are not hindred? In truth I will not answer for the
Father
, who (as the rest of them) had
Joseph
and
Mary
always in his Eye: But I will answer for the
Civil Lawyer
, who, I am sure, would never say a Marriage was compleat that was not, if it could have been, Consummated. Hear what
Modestinus
says,
Nuptiæ sunt Conjunctio Maris & Fæminæ, & consortium omnis vitæ.
'Tis true he was a
Heathen Lawyer
, but had he also added, that Marriage was ordain'd to be a
Remedy against Sin
, he had talk'd the Language of our
Common-Prayer-Book
. For he says it is for the Procreation of Children, (
Conjunctio Maris & fæminæ
) and for mutual Society, Help and Comfort, that the one ought to have of the other, and taking each other for better for worse, which is but the English of
Consortium omnis vitæ
.
Paulus
, another
Civilian
, says, that
Nuptiæ consistere non possunt nisi Consentiant omnes,
i.e.
Qui coeunt, Quorumq; in potestate sunt
.
There is no such thing as a right Marriage, where there is not the Consent of all Parties,
i.e.
the Consent of the two
qui coeunt
, and the Consent of Parents or Guardians in whose Power and Disposal the young Ones were. All Writers in the World agree, that
Consent, Covenant, Contract
, (call it what you will) is so necessary to a Marriage, that it cannot be valid without it; but then they also say, that such a Consent is a Consent to answer the Ends of Marriage; that such a Covenant is a Covenant to live together, according to God's Ordinance; and that such a Contract is a Contract for the Use and Dominion of each others Body; which is, in effect, neither more nor less than what St.
Paul
has said in 1
Cor.
vii.3 and 4, which I repeat not, because it is so well known. But they who think a Marriage is a compleat and perfect Marriage, according to God's Ordinance, (for as to
Human positive Laws
, I contest it not) altho' it never be Consummated; they I desire may read that Passage, and consider it.
My Lords, there is another slight Objection which I will but just mention, and that is, That the Church allows the
Oldest People
that are to be Marry'd, and accounts their Marriage good, altho' there is neither hope nor likelihood of having Children; and accordingly appoints the Prayer for that Purpose to be omitted and left out; and therefore a Marriage is compleat by
Contract only
, without any Consummation.
The Argument, I think, is this, That because a Marriage is a good Marriage which is
not
Consummated, because it
cannot
be by reason of People's Age, therefore a Marriage is a good Marriage, tho' not Consummated, which yet
may be
Consummated any Day in the Year. If this be a right Inference, there is no making a wrong one, for one can never make a worse. My Lords, the Church neither does nor can pretend to determine when People are too Old to Marry: It meddles with no such Matters, but leaves every one to their Discretion. She seems to assign three Ends of Marriage, which I have had occasion to mention before; and if the
first
cannot be answer'd, the
second
may, and so may the
third
, tho' the other two should not.
And now, my Lords, I hope I have shewn that the
Bill
before you is a
good Bill
; that the
Divorce
we sue for is very
reasonable and just
; and that such a Marriage as ours, made at such an Age, with such a Consent as is indeed no Consent, and never Consummated, tho' Fourteen Years since, is such a Marriage as may very innocently be dissolv'd, without any manner of Offence to the Laws of God. And I desire any Man to assign any one Law of God that would be hurt hereby, unless we are made to believe that every
Law of the Church
, is also a
Law of God
; which when I hear affirm'd, I shall not want an Answer to it. But I am sure the Laws of God, which are properly so call'd, are to be found in a
Holy Book
, where nothing appears against us. For as for those Passages which allow a Man to put away his Wife for no cause but that of Adultery, 'tis certain, to a Demonstration, that they refer to Marriages that have been
Compleated
and Consummated by Man and Wife. And if your Lordships would indulge me so far, I would venture to say, that no Man of common Sense, can read those Passages, and think otherwise. My Lords, he must be a
Scholar
that can read that Question of the
Parisee's
, and the Determination of our Blessed Saviour, about Divorces, and conclude after all, that the Marriages there spoken of, might be such Marriages as never were Consummated, as well as such as were. 'Tis impossible to mistake so plain a Case, without a good deal of Learning and Study. My Lords, it stirs me to a little Indignation, and gives me a Concern, somewhat beyond my Fee, to hear this Marriage-Contract of ours treated like a Marriage of Fourteen Years standing, where Man and Wife have all along cohabited, and now are weary of each other, and the common Bed, and seeking to your Lordships for leave to look for more agreeable Companions. Why else are all these Places of
Scripture
brought against our Bill, when not a single Line of them is pertinent and proper to our Case? If they had brought the Scriptures to prove, that a Boy of Fifteen, and a Girl of Thirteen, not born in Paradise, or in the Gardens of the East, but in a cold and frozen Climate of the North, were of Age sufficient to dispose of their Persons for ever, they had done something to the Purpose, for that, my Lords, was our Age. If they had brought the Scriptures to prove, that a Boy and Girl, of the Years aforesaid, repeating a certain Form of Words, after a certain Person, in a Church, between the Hours of Eight and Twelve, had thereby made a Contract that must stand like
Fate
, and be irrevocable as the Hours that pass'd a Week ago, by any Power on Earth, they had done something to the Purpose, for that indeed we did. I have already own'd, we said what we were bid to say; we did what we were bid to do: We should have done a great deal more, and said a great deal more, had we been order'd so: 'Tis not our Fault that we did not give it under our Hands, that our Marriage was
Consummated
by the Words we repeated in the Church; had we been ask'd to do so, we had surely done it, such was our Innocence, such was our Ignorance! This, my Lords, had been the Point they should have labour'd most to clear; for this they should have brought their Scripture-Proofs, to shew that the
Words
of a Marriage-Contract, are, by God's Appointment, as soon as ever they are utter'd, of so binding a Nature, that neither the Consent of Parties, nor all the Powers that are on Earth, can make them
null
and
void
: That it is proper and peculiar to this
Contract
never to be dissolv'd, tho' nothing but Words has pass'd. All other
Promises
, I must say again, all other
Covenants
, all other
Oaths
, are own'd to be dissoluble, by the Consent of Parties, where no Injury is done to any Third. The
MarriageWords
, it seems, are the only Words in the World that operate like a
Charm
, and take effect, in spite of all the Reason, and all the new Necessities, that can arise and be urg'd against it; altho' the Parties should not have so much as touch'd each others Lips, nor ever shall. Here Scriptures would have done exceedingly well, and have obtain'd the Reverence and Obedience that is due to their Authority, had they but shewn that a
verbal Contract
, made with Solemnity, answers all the Ends and Purposes of Matrimony, as it is God's Ordinance; that it is not only previously necessary, both by the Laws of God and Man, to make the Conjunction of Man and Woman innocent, but the verbal Contract is the
thing itself
, 'tis
Matrimony
to all Intents and Purposes; and is no more to be dissolv'd, than it had been had the Fruit and Effect of it been half a Dozen Children now presented at your Lordships Bar. There is no End of the Absurdities that arise from treating a
Verbal Contract
, that has only pass'd the Lips, just as you would a
Marriage Consummated
, and perfectly Compleat; and therefore, tho' I call for their ScriptureProofs, yet I am well assur'd none can be brought to prove a Point so unreasonable. But to hear them heap up Scripture upon Scripture, to prove, that a Marriage is God's Ordinance; that Marriages are sacred Contracts; that by the Laws of Christ they cannot be dissolv'd but for the Cause of Fornication, is, in my humble Opinion, to hear them say nothing to the Purpose, unless those Scriptures mean that Marriage
not Consummated
is God's Ordinance; that Marriage-Contracts are sacred, altho' the very
End
and Meaning of the Contract is not answer'd; and that Marriages which Christ there speaks of as indissoluble (except for the sake of Adultery) are such Marriages as never were Consummated. In short, if because the Word
Marriage
is a Word that is common to a Marriage
before
it is Consummated, and also
after
, therefore what is applicable to a Consummated Marriage, is also applicable to a Marriage not Consummated; if this be a Consequence, a reasonable Man will be asham'd hereafter of making Consequences. We may as well conclude that, because
Caius
is a Man, and
Titius
is a Man, therefore
Caius
and
Titius
are one and the same Man. They tell us also, from the Scriptures, that Matrimony signifies to us, the mystical Union there is betwixt Christ and his Church; but let them say it, if they think fit, that Matrimony
not Consummated
does, or
can
signify this Union: But in this I spare them, and indeed myself, not daring to speak with any Freedom on this Subject; and finding I have already transgress'd too far, I humbly desire your Lordships to consider, whether there ever was so equitable a Cause of Divorce within the Walls of this House. It is so singular a Case, that it cuts of all your Fears of its becoming an
Example
; the oldest Lawyer living never heard the like in all respects; nor will the Youngest ever live to see it made a Precedent: But were there Twenty such like Cases now before you, they are so reasonable and just, that they would every one deserve to be reliev'd by your Lordships; and 'tis below the Dignity of the Legislative Power to be afraid of making Precedents, where there is
Reason
, and
Justice
, and
Compassion
on their Side: To all which we lay as strong a Claim, as ever Parties did that ever were before this House.
FINIS.
THE SPEECH OF Mr. George Kelly. SPOKE At the Bar of the House of
LORDS
, ON
Thursday
,
the 2d of
May
, 1723. IN His DEFENCE against the
Bill
then depending,
For Inflicting Pains and Penalties upon Him
.
Quamobrem à vobis, Judices, antè quàm de ipsa causa dicere incipio, hoc postulo. Primum id quod æquissimum est, ut ne quid huic præjudicati afferatis. Etenim non modo authoritatem, sed etiam nomen judicum amittemus, nisi hîc ex ipsis causis judicabimus, ac si ad causas, judicia jam facta domo, deferemus.
Cic.
pro
Cluentio.
LONDON
:
Printed
for
A. MOORE
, near St.
Paul's
. MDCCXXIII. [Price One Shilling.]
THE
SPEECH
OF
Mr. George Kelly
.
My LORDS,
SINCE my Council have so fully answered every Article alledged against me, it may seem unnecessary to take up Your Lordships Time, by saying any thing for my-self. And, indeed, it would be so, if my Charge were Ordinary or Particular.
But, my Lords, I have been represented as a Person doubly guilty; First, In transacting Treason for my Self: and, Secondly, In doing it for other People.
These are Crimes of the most heinous Nature; And if they were as clearly proved, as they have been strongly asserted, I should justly merit Your Lordships highest Displeasure, and all the Pains and Penalties that You could possibly inflict upon me.
And since my Charge is so very Extraordinary: Since these Proceedings seem to be without any Precedent; and, That the Innocence of other Persons calls upon me for Publick Justice;
I believe Your Lordships will easily allow, That to be silent, in such a Case! would be truly Criminal, and but too justly Censured.
To enter into all the Particulars of my Accusation, would, I fear, take up more Time than is reasonable for me to ask, or for Your Lordships to allow: And though the many Inconsistencies, Contradictions, and false Conclusions which appear in almost every Page of the Printed Reports, plainly shew, The Weakness, Absurdity, and Sophistry of them; however, I shall only beg Leave to touch upon those material Parts, which relate to my-self, and my Defence to them.
And the First Article which I find my-self charged with, is, The Employing of one
Neyno
to draw up Three Memorials to the Regent of
France
, to solicite Foreign Forces to invade this Kingdom.
And for Proof of this, the Examinations of the same Person, which are neither upon Oath, nor so much as Signed by him (and whom the Committee of the Honourable House of Commons have represented as a very infamous Fellow) are the only Evidence assigned against me.
This
, my Lords, is the Crime! and
This
is the Proof!
And though the bare mentioning of it, might be sufficient to convince Your Lordships of its Weakness; however, since so great a Weight has been laid upon
this Kind
of Evidence in
another Place
, it will be necessary to be a little more particular about it.
The Two first of these Memorials (
Viz.
Those before and after the
South-Sea Scheme
) are but slightly mentioned: But the One pretended to be drawn up in
December
, 1721. (and containing a Demand of 5000 Men) and a Letter said to be written the
March
after (to amuse the Government into a false Security) are the chief Things upon which any Stress is laid.
And, how False both these Allegations are, has, I don't doubt, evidently appeared to Your Lordships. For,
Had my Accuser been really employed to draw up any such Memorials, it is reasonable to believe, that he would have kept Copies of some, and especially of the Last of them; since a Person who turned Informer so suddenly after, may very well be presumed to have had Thoughts of it for some Time before; and such Papers would, no doubt, give great Weight to his Information.
But the Ministry have produced no such Copies; neither do they pretend to have them: Which is a very great Indication, that there never were any such Memorials at all.
Besides, There are no Two of his Examinations of a Piece. Nay! he contradicts himself in almost every one of them. For,
In his Second Examination, he says, That these Memorials were all drawn up by the Order of one
Henry Watson
(whom he really did not know, but took to be the late Earl
Marishall
) without making the least Mention of me.
In his Third Examination, he says, They were delivered to me and
Watson
; And in his Fourth, he says again, They were all drawn up by the Order of
Henry Watson
Only
. And, in a few Lines after, contradicts himself, and says, That the Heads of them were given to him by
me
and
Watson
: Which are such Inconsistencies, as (Your Lordships will easily grant) are not to be reconciled: And if his Memorials were no better drawn than his Examinations, I believe, they were not likely to meet with any great Success.
As to the late Earl
Marishall
, how reasonable it is to believe, that a Person in his Circumstances should venture to come into
England
, and live so openly here, as to intrust himself, and a Secret of this Nature, to a Fellow, who (by his own Confession) did not know him, is humbly submitted to Your Lordships.
And as for my Part, it is very plain, that I could have no Hand in them, since the
Minutes
in my Pocket-Book (in which I could have used no Disguise) agreeing with the concurrent Testimony of
several Witnesses
, plainly shew, That I was not in the Kingdom at the Times in which my Accuser pretends to have been so employed.
For, by those Minutes, and
their
Testimony, it appears, That I went to
France
the 23d of
November
, 1721. and did not return 'till the latter End of the next Month; And my Accuser himself owns, in his First Examination, That he did not see me after my Return, 'till the
January
following; which makes it impossible, That he could have been so employed by me in
December
, since I was most part of that Month out of the Kingdom; and the few Days of it that I was here, he owns, he did not see me.
Nor has the other Part of his Information relating to the Letter (which he pretends to have drawn up in
March
) better Grounds For, by the same Minutes, and by the same Evidence, it likewise appears, That I went to
France
the 22d of
February
after, and did not return 'till the middle of
April
, which makes it as impossible, that he could have been employed by me in
March
, since I was then likewise out of the Kingdom.
Had this Examination been taken at any Distance of Time, it is possible he might be mistaken in it; but his first Information must have been about the middle of
April
, soon after my Return from
France
; For he confessed to the Person taken up with him at
Deal
. That he was the First who set the Ministry upon intercepting Letters. And the first Letters so intercepted, are owned, in the 42nd Page of the Report made to the Lower-House, to have been the 22d of
April
, 1722. And, surely, he cannot be supposed to have forgot so soon, what happened the very Month before; especially, since he has been so particular; as to name the very Day, (
Saturday
) upon which he says this Letter was so drawn up.
By all which it plainly appears, That this Article is not only Groundless, but evidently False; and likewise, That he had no such Intimacy with me (as the Report pretends) since he has declared, That I never spoke to him of the Conspiracy; And that I could be a Month
at one Time
, and Two Months at another, out of Town, without his knowing any thing of it.
As to what is said to his coming sometimes to my Lodgings, I believe it may be true; but it has been fully proved, That his Visits were never to me, but always to another Person, who lodged in the same House.
And, I do solemnly affirm to your Lordships, That I never was acquainted with the late Earl
Marishall
, or with any such Person who went by the Name of
Watson
; That I knew very little of my Accuser; so little, That I am confident I never spoke to him Ten times in my Life; nor ever employed him in this or any other Affair whatsoever.
The Second Article Charged upon me, is, The carrying on of a Treasonable Correspondence for the Bishop of
Rochester.
And, for Proof of this, The Examination of the same Person is the only Evidence produced against me, wherein he says, That I frequently told him, the Bishop was concerned in such a Correspondence; and that I managed it for him; with other Particulars not worth mentioning to your Lordships.
How reasonable it is, that I should tell such a strange Untruth to a Person that I knew so very little of; and what Credit ought to be given to his bare Assertion, who has affirmed such Gross and Notorious Falsehoods in the former Article, must be submitted to your Lordships.
And, in my present unhappy Situation, I cannot but think it a very great and singular Happiness, to have so Publick and Honourable an Occasion of purging myself from so vile a Calumny, and of doing Justice to that most Worthy and Learned Prelate.
And I do solemnly declare to your Lordships, upon the Faith of a Christian, That I never wrote or received a Letter of any kind for the Bishop of
Rochester
, or was privy to any Correspondence of his at Home or Abroad: That I never shewed him any Letter that ever I wrote to
France
, or ever sent one there by his Privity or Direction: That I am very little known to his Lordship; went very rarely to wait upon him; so rarely! That I am confident few of his Servants know either my Name or Face; and have not seen him above Three or Four Times these Two Years past, and not above Eight or Ten Times in my whole Life.
I do farther declare, That my Visits to his Lordship were always Publick; That I never went privately in a Chair to his House; always found other Company with him, who were generally Strangers to me; and never once mentioned his Name, upon this or any other Account, to the Person who has thus accused me. Which, with the Evidence that has been produced of his own Confessions to that Purpose, is, I hope, sufficient to convince your Lordships of the Truth of it.
And as for the Dog, which has been brought as a Circumstance to prove this Matter, I do, in the same solemn Manner, declare, That he was given to me by a Surgeon at
Paris (whose Affidavit has been offered to be produced
) and who at that Time, I do verily believe, never heard of his Lordship's Name; And that he never was designed for any body but the Person I gave him to.
And I appeal to the very Ministers themselves, if the
British
Resident at
Paris
, (who is constantly attended by that very Surgeon, and examined him about it) has not confirmed the Truth of this Account to them.
I do farther affirm, That the Bishop of
Rochester
never saw him; Never received any Letter or Message by me, nor (do I believe) by any other Person about him: Neither did I ever know or hear, That his Lordship had any Intercourse or Correspondence with the late Earl of
Mar
, or any other disaffected Person Abroad.
My LORDS
,
It cannot be imagined, that I have any particular Interest or Concern in this Matter; for I never received any Favours from his Lordship; neither do I owe him any Obligations, but those of Common Justice: And those I should perform, where I have so much Truth of my Side, to the greatest Enemy I have upon Earth.
As for the other Circumstances which are brought to strengthen my Accuser's Examinations, and are set forth in one
Pancier's
Deposition. They will appear, I don't doubt, as Groundless and Inconsistent as the Examinations themselves.
For, This Person swears, That another told him of this Conspiracy; That Six or Eight Battalions or
Irish
Forces were to come from
Spain
to assist the Conspirators. That 200,000
l.
were raised, and 800 Men regularly subsisted for this Purpose in
London
.
These, My
Lords
, are called, in the 38th Page of the Report of the Lower House,
The Concurrent
and
Corroborating Proofs
of my Accuser's Examinations: And I humbly appeal to your Lordships, if any one of them carries the least Colour of Reason or Probability with it. For, can it be imagined, That such a Force should come from
Spain
, when there appears to be so strict a Friendship betwixt the Two Kingdoms? Or, That 200,000
l.
could possibly be raised among all the Disaffected in
England
, in Case there was a License for it? Or, 800 Men regularly subsisted in this City, without a Discovery?
These are such idle, inconsistent
Tales
, as (I am persuaded) can never have any Weight with your Lordships.
Besides, my
Lords
, this is only bare Hear-say; And if the Hear-say of such Infamous Persons (or, indeed, of any Persons) be look'd upon as sufficient Evidence, I believe, no Man in
England
can be sure of his Life or Liberty an Hour, since any Two People may talk him into High-Treason whenever they please; and the greater the Person is, the greater his Danger always will be.
The Third
Crime
which I stand charged with, is, The Writing of Three Treasonable Letters for the Bishop of
Rochester
supposed to be for the Pretender, the late Earl of
Mar
, and General
Dillon
, which Letters are said to have been sent by me to Mr.
Gordon
at
Bologne
, with Directions to be delivered to one Mr.
Talbot
.
And, For Proof of this, the Clerks of the Post-Office are produced, who swear, That those Letters were (to the Best of their Knowledge)written in the same Hand with an Original which was stopt as a Specimen of it: Which Original has been sworn by Two Persons to be my Writing, and, consequently, those Letters must be so too.
My LORDS
,
These Letters are dated the 20th of
April
, and the Specimen so stopt, the 20th of
August
; Just Four Months after.
And how it is possible for People (who receive such a Number of Letters) to swear to a Likeness of Hand, at such a Distance of Time; and what Weight ought to be laid upon this kind of Evidence; or upon that Modern and Mysterious one given by the Decypherers, in which they don't pretend to a Certainty themselves, must be submitted to your Lordships.
And as to the Persons who have Sworn to my Hand, I hope it will be considered, That one of them is a
Messenger
, who never saw any of my Writing, but the Superscriptions of a few Letters, which (your Lordships may easily see) do not bear the least Likeness with what he has sworn to.
Besides, this very Person was turned out of his Employment upon my Account, and a few Days after he gave this Evidence in the House of Commons, I saw a Paragraph in the News-Papers, that he was restored to it again.
And as to the other, it is to be hoped, That it will be likewise considered, That he is a Servant, who attended me only about Three Weeks, and was turned off for an Infamous Action, which he has acknowledged himself to have been guilty of: Besides, he has confessed, That he never saw me write, but as he went backwards and forwards in the Room; and at such a Distance, as not to be able to distinguish one Character from another: And it has been proved by Two Witnesses, (on of which was a particular Friend of his own) That he declared, He never knew any thing of my Hand; but was Threatned by the Secretary of State into the Affidavit which has been Printed to that Purpose in the
Appendix
.
And if that Paper had been my writing, it is impossible they could be reduced to a Necessity of making use of such improper Evidence, since no Pains have been spared to procure better; since Numbers of People have been taken up, confined, and examined to this very Point; and
Newgate
sent to, more than once, for Witnesses to it.
And though it might be proved by the very Report of the Lower House, That those Letters could not have come from the Bishop of
Rochester
; however, my Business is only to convince Your Lordships, That I was not the Writer of them, and of this, I believe, it is impossible to give clearer Proofs than I have done: For if those Letters had been dictated to me the Twentieth of
April
(as the Report pretends) it must have been at his Lordship's House in the Country; since it appears by the Deposition of his Coachman, that he went there the 12th of that Month, and did not leave it till the 5th of
May
.
But it has been proved, that I was in
London
ALL that Time; and if it had been permitted, there is not a Person in the Bishop's Family, but would testify, That I was not then at his House in the Country; and, consequently, could not have written any such Letters for him.
Besides, I have brought several Persons of Credit and undoubted Characters, who have all testified, That the Hand in which those Letters are said to be written, is not mine, nor any thing like it.
An Affidavit has been produced from Mr.
Gordon
, that he never received any such Letters from me, nor ever had any Correspondence, or even an Acquaintance with me.
And it has been likewise proved, That Mr.
Talbot
, to whom those Letters are said to be delivered by Mr.
Gordon
, was in this Town the very Day upon which they are said to have been delivered to him at
Bologne
: And if I had any such Letters to transmit, can it be imagined, that I would trust them to the CommonPost, when I had so good an Opportunity to send them by, or direct them to
Bologne
, when the same Post might as well have carried them to
Paris
.
These are such full, such evident Proofs, as, I hope, cannot fail of giving Your Lordships the utmost Conviction in this Matter; and, consequently, that this Article is, like the rest, both Groundless and manifestly False.
But, if any Credit is to be given to the Confessions which my Accuser made to the Person taken up with him, it is very plain, that those Letters must have come from
another Quarter
; and, to say no worse, were at least calculated to carry on his own base and villainous Designs.
For it has been proved to your Lordships, that he Confessed to have been employed by one of the Ministers, received 300
l.
from him, and was to have 2000
l.
more.
That this Minister declared a Personal Prejudice, upon some private Account,
to the Bishop of
Rochester;
was resolved to pull down the Pride of that Haughty Prelate, and to squeeze me
(as I think the Expressions were)
to that Purpose
.
My
Lords
,
I say, if any Credit is to be given to this Confessions, there can be no great Difficulty in tracing out the Source of
this Part
of the Conspiracy; and I am heartily sorry to say, That there are some Circumstances which seem to give but too great a Countenance to the Truth of it.
For, my
Lords
, He made this Confession at a Juncture when he may very well be supposed, to have spoken in the Sincerity of his heart; when he saw his Villainy detected; believed himself to be in the greatest Danger, and depended upon the Person's Assistance (to whom he made it) to help him out of his Misfortunes. And how particular this Prosecution; is, and how sufficiently I have been
Squeezed
, are Things but too visible, and too well known to the World.
Besides, the very Cypher by which those Letters were written, (
and which he owned to have received from that Minister
) was actually caught upon the Person to whom he gave it; and he confessed, That he put a Paper of Directions into one of my Drawers, by which (the Report says) most of the Treasonable Letters were Addressed.
And it has been proved to Your Lordships, That those Drawers were constantly open, and that he made some Pretext for being alone in my Lodgings, the very Night before I was first taken up.
And since he was the first that set the Ministry upon Intercepting Letters, which he said were mine; it is very extraordinary, that such a material Part of his Evidence should be omitted in his Examination; or, that the very first Letters so intercepted, should be those alledged against the Bishop of
Rochester
: And if the Originals of those Three Letters were stopt, I don't at all doubt, but they might be proved to be my Accuser's own Hand-writing.
And how strong a Sense he had of his Guilt, by attempting an Escape, which proved fatal to him, and how visibly the Hand of God has interposed in that Eminent Prelate's Favour, by taking one of the Persons (designed for his Destruction) out of the World, and giving the other
Grace
and Virtue enough to withstand all Temptations to his Prejudice, are Things highly worthy of Your Lordships just and most serious Consideration, and no small Indication of his Innocence.
And as to the Money which my Accuser owned to have received; That there was a very sudden and extraordinary Change in his Condition; That, from the lowest State of Poverty and Want, he soon arrived to that of a Vicious and most Profligate Affluence, is a Truth sufficiently known to all those that were acquainted with him.
But from whence this Change proceeded, or what real Grounds he had for aspersing that Honourable Person, I will not pretend to say: But if those Aspersions be false (as I wish they may) it may be justly inferred, That a Fellow who was capable of vilifying one Person, may very well be judged as capable of doing so to another: And if his Veracity is not to hold good in one Case, there can be no Reason for allowing it in the other.
The Fourth Crime alledged against me, is, A Number of intercepted Letters, supposed to be written to and received from the late Earl of
Mar
, General
Dillon
and other Disaffected Persons Abroad.
And for Proof of this, A
Frenchman
has been produced, who swears, That he once saw me take up a Letter at
Burton's
Coffee-house, by the Name of
Baker
, which Name (it is said) some of the Treasonable Letters were addressed by; and was, in a Paper of Directions, found in my Lodgings. How that Paper came there, has been already proved to Your Lordships.
And as to the Person who has swore to this Particular, I must observe, That when he gave this Evidence to the House of Commons, he did not know me, tho' he spoke to me, and look'd several times earnestly at me; and for the Truth of this, I can appeal to most of the Members of that Honourable House, who were Witnesses of it: And he would still have probably continued in his Ignorance, if some private Hints, (as I have been told) were not given him, or the same Method taken which has been done with a Number of other strange Fellows, who were frequently sent to the
Tower
, and had no other Business but to take a View of me.
Besides, the People of the Coffee-house have testified the contrary, and that no such Letter ever came to their House. And tho' it be set down in my Examination before the Council, that I confessed to have taken up such a Letter, I humbly appeal to my Lord Chancellor (if it can be worth his Lordship's While to recollect it) If he did not ask me that very Question two or three times? And if I did not as often deny it? Neither is this the only Particular that is falsely set down in that Examination. And I do solemnly affirm to Your Lordships, That I never did receive any such Letter, nor ever saw that Paper of Directions, 'till it was Printed in the Report.
And there is one Circumstance pretty Remarkable in this Correspondence, That as it began with my Accuser's Information, so it ended with his being taken up. For immediately after a new Correspondence is pretended to be discovered; and to fix this likewise upon me, it has been suggested, that I sent Cyphers by Sir
Harry Goring
to
France
, and had Letters directed by them to
Sturgess's
and
Slaughter's
Coffee-house.
But, my
Lords
, no such Cyphers were found in my Custody, nor any Papers relating to such a Correspondence, and the People of those Coffee-houses have all sworn, That I never Ordered any Letters
of that kind
to be taken in, or received one, either by my own or any other Name from them. Nay! one of them has sworn, That no such Letters ever came to his House at all; and the other says, That a Messenger from the Secretary's Office, was the only Person that ever called at his House for those directed to it.
And as to the Printed Examination of one Mr.
Caryl
, to this Purpose, it were to be wished, That this Gentleman's Reasons had been published, as well as his Accusation.
For I am confident, he will not pretend to say, That ever he saw me write a Line in his Life, or give a Piece of Paper of any kind to Sir
Harry Goring
; and what Reason he could have for believing that we settled a Key for such a Correspondence, is very extraordinary: Nor have the other Particulars which he has affirmed, the least Foundation of Truth; For I do solemnly aveir to your Lordships, That I never saw
Sample
in my Life, or gave Captain
Bonin
any such Letter of Recommendation: Neither had I ever the Honour of speaking to my Lord
North and Grey
, or of being any ways known to his Lordship; and that I should mention him so familiarly by the fictitious Name of
Johnson
, (and which, of all Names, I should never make use of in that manner) will, I hope, appear very incredible to Your Lordships; especially since Mr.
Caryl
himself has furnished so good a Reason for the Disbelief of it.
For he has likewise affirmed, That my Examination before the Council was read at Doctor
Yalden's
House: The Doctor has indeed already done me Justice in that Point; and Mr.
Tucker
(who was all the while in Company) will, I am very sure, do the same.
And since Mr.
Caryl
appears to be so plainly mistaken in this Particular, surely he may very well be supposed to be so in all the rest, especially since he has not assigned the least Reason for any of 'em.
As to the rest of the intercepted Letters, the People of the several Coffee-houses have likewise cleared me from them; and all testify, That they never delivered me any such Letters, or received any Directions from me about them; which, I hope, will be sufficient to convince Your Lordships, That I was not concerned in any such Correspondence, especially since no Letters of this kind were found in my Possession, nor any other Papers relating to the Conspiracy.
There are two other Crimes, in which I most humbly crave Your Lordships Patience to be heard, because they are the blackest that can be imagined, and seem to be Personal.
The First, is a Letter directed to Mr.
Gordon
at
Bologne
, with two Affidavits, which have been Printed, and are suggested to be sent by my Directions, in order to have him and one
Birmingham
perjure themselves upon my Account: For in this Letter it is said,
That the Inclosed is a Copy of a Note from the Person concerned, with what he thinks requisite
.
My
Lords
,
This Letter is dated the 20th of
March
, at which Time, and for Five Months before, I never was allowed the Use of Pen, Ink, or Paper, or the Liberty of seeing any Person that could possibly have conveyed such a Note for me; for I have been guarded in a different Manner from other People in the
Tower
: My Warders were put into the very Room with me, and ordered never to stir a Moment, Night or Day, out of it; which Orders they punctually obeyed, and were constant Witnesses to all my Actions.
And those Warders will depose, That, they believe, it was impossible for me to have written or sent out any such Directions; and the Officers, I don't doubt, will do me the same Justice.
And when my Solicitor was admitted, finding that Mr.
Gordon's
Affidavit might be of use, if allowed as Evidence, a Person was immediately dispatched, and who brought it in a different Form from those which have been Printed. And my Solicitor can testify, That no Draughts were sent by him; which, with the gross Management of the Persons concerned in this Affair, is, I hope, sufficient to give your Lordships the clearest Conviction of my Innocence in it. And I do solemnly affirm, That I never knew any Thing of them; never heard of the Name of
Akenhead
before; nor can I find out any Person (besides the Master of that Vessel) that ever did.
The other Crime is set forth in one
Levett's
Deposition in the Report made to this most Honourable House: Wherein (among a great many other most notorious Falsehoods) she swears, That one Mrs.
Barnes
told her, That I was instrumental in, or privy to the shutting up of a Person in a Dungeon, for Fear of his turning Informer; and not only of him, but of 200 more upon the same Account. Which, I believe, is the most surprizing Crime that ever yet was alledged against any Christian.
Mrs.
Barnes
denies every Syllable of this Conversation; and if the Person that swears this against her, had been produced, she would be proved to your Lordships, to have been a vile infamous Creature all her Life. And if she is to be believed, or that your Lordships can think it possible there can be the least Truth in her Deposition, it will be a Sin to let me live, and impossible to find out a Punishment too Cruel for me.
These, my Lords, are the Chief Crimes which I am charged with; and very great ones they are, had they been in any Degree made out against me.
I am a Stranger to the Methods of Legal Proof, but have been told by my Council, That the greater a Person's Crime is, the clearer the Evidence ought to be against him; and how weak and insufficient the Proofs produced for this Purpose are, and how clear and convincing those which have been offered in my Justification, has, I hope, evidently appeared to your Lordships, and given you intire Conviction of my Innocence; and that all the Crimes alledged against me, are without the least Colour or Foundation of Truth.
But how much I have suffered for these
supposed
Crimes; and what extraordinary Means have been made use of against me, are Things much worthier of your Lordships Judicial Consideration.
To be taken up and held to exorbitant Bail, without ever assigning any particular Crime against me; To suffer a Long and Close Confinement, where the Expence bears no Proportion to my Circumstance:
To have Numbers of People, and some of them, Creatures of the meanest Rank and Condition, taken up, examined, and
tampered
with upon my Account; and
Newgate
sent to for Witnesses:
To have a Servant (who was turned off for his Ill-Behaviour) brought as an Evidence; and my most intimate Friends Imprisoned for not swearing against me; Are Hardships and Proceedings, I believe, hitherto unheard-of in
England
; and such as, I hope, your Lordships will, in your great Wisdom and Justice, think fit to redress. All which is of a Piece with an infamous Offer made to myself by one of the Under-Secretaries of State, who, the Morning after I was first examined, came to me with a Message (as he said) from one of his Superiors, to let me know, That I had now a very good Opportunity of serving myself; and that he was sent to offer me my own Conditions.
And when I declared myself an intire Stranger to the Conspiracy, and was sorry to find that Noble Lord have so base an Opinion of me, he seemed to wonder, that I would neglect so good an Occasion of serving myself, especially when I might have any Thing I pleased to ask for.
What Authority that Person had for this Message, or the rest of his AfterProceedings, I will not pretend to say: But as I have been Ruined and utterly Undone by them, I hope your Lordships will take my Sufferings, as well as Circumstances, into Your Consideration; and, instead of Inflicting any farther Pains or Penalties, look upon me (as I really am) a Person highly Injured, and not a Criminal concerned in any Transactions against the Government.
As for my Circumstances, they are but too well known in the World.
And here I cannot omit my Gratitude to the late and present Constables of the
Tower
; for the late Constable (though I never had the Honour to see his Lordship) was, upon a Representation of my Circumstances, so very good, as to procure me the Promise of an Allowance from the Government; and his Lordship, the present, has been so kind as to get it paid: But the Officers of the Place can testify, That this Allowance has not been converted to any Private Use of mine, but constantly given to the Persons appointed to attend me. And I must take Leave to assure your Lordships, That it has cost me more since I was sent there, than the Government have now left me really worth in the World; and I must suddenly become a Sacrifice to my Necessities, if not set at Liberty by your Lordships great Clemency and Compassion.
If I have dropped any Expressions which may not be so agreeable to some particular Persons in Power, I could wish that my Defence had not laid me under that Necessity: And I do solemnly protest, That they have not proceeded from any Resentment for my Sufferings; but from a Sincere Endeavour to give your Lordships the clearest Conviction of my Innocence. And since I could not merit their Favour, I shall always endeavour to preserve their good Opinion.
As to the Legality of
these
Proceedings, and the Danger of making Precedents of this Kind, those are Things which have been already fully set forth by my Council, and must be submitted to the great Wisdom and Jurisdiction of this most illustrious Assembly: An Assembly! which is not only the Highest and most Honourable, but the Uprightest and most Impartial, I believe, upon Earth; and whose Justice has ever appeared as extensive as their Power.
The great, and, indeed, the
only
Argument which I have heard offered for the passing of this Bill, is, That the Occasion is Extraordinary; That your Lordships are in your Legislative Capacity; and though the Proofs may not be so legal, however,
In Terrorem
, it is necessary to pass it.
But I humbly beseech your Lordships to consider, Where the Extraordinariness of this Occasion lies? Has there been the least Commotion in my Part of the Three Kingdoms? Or any Person injured in his Liberty or Fortune, besides those who have been so unhappy as to fall under this Suspicion?
Or, Is this Occasion more Extraordinary than when there was a Publick Insurrection in the Kingdom? And when the Persons concerned in it, were tried by the Common and Ordinary Courts of Justice?
And because your Lordships are vested with a Supreme Authority, and not tied up to the Common Forms of Law, can that be a Reason for your acting directly contrary to it? And to suppose your Lordships capable of doing so, was not, I must say, so becoming an Argument to have been offered upon this Occasion.
And to have a Session, which opened with so mild, so gracious a Speech from the Throne, end in such an extraordinary Manner, must surely be very contrary to the Design and Intention of the Throne at that Time; and is, I hope, so still; especially, since no intervening Accidents have happened to ruffle the Quiet and Tranquility of the Kingdom.
My
Lords
,
The First extraordinary Bill that, I believe, ever passed in
England
was that of the Earl of
Strafford
; and how much Personal Prejudice was in his Prosecution, and how fatal that Bill proved in its Consequences, I need not mention, since the Royal Martyr himself has, in his dying Words, called it, An unjust Sentence, and imputed all his Misfortunes to it. And,
Pray, my Lords, why was that Sentence Unjust, but because it was not supported by Law? And, to the Eternal Honour of this House be it said, That when the Proofs upon his Tryal were not found Legal, They refused to find him Guilty.
But when this Extraordinary Method was taken, and the Torrent of the Times bore down their usual Justice, then the Flood-Gates of all those Miseries were opened, which overwhelmed and sunk the Constitution: And of which, some of Your Noble Predecessors had so strong and lively a Sense, as to declare, in this very House, That they would be sooner torn in Pieces, than come into such Illegal Proceedings; And so fell a Sacrifice to the Love and Laws of their Country.
To which I shall only beg Leave to add One Observation, that, I am sure, is but too well known to that Right Reverend Bench: "That of all the Prelates who advised his Majesty to the Passing of that Fatal Bill, not One of them escaped the Violence of those very Persons whom they endeavour'd to oblige by that Advice.
These, my Lords, were the Unhappy Effects and Fatal Consequences of One Extraordinary Bill: And what those of Another may prove, the Great Director of All Things only can foresee!
Many are the Arguments which might be brought to shew the great Injustice, as well as Inconveniencies of these Laws in particular: But as
my
Liberty can be of no great Moment to the World, I shall only beseech Your Lordships, Not through me, to give a Wound to the Constitution, which, perhaps, may not so easily be cured.
The great Characteristick which distinguishes
England
from the rest of the Neighbouring Nations, is, the Excellency of her Laws, of which Your Lordships are the Great Guardians: And if you suffer those Laws to be broke in upon, and render
Life
or
Liberty
so precarious, as to be affected or taken away, by every idle Hearsay,
that
Excellency must soon disappear, and the Best Form of Government now upon Earth, consequently, sink into Anarchy and Confusion.
My LORDS
,
The Words of my Bill are very severe, and do not bear the least Proportion to the Proofs which have been produced against me: And I humbly hope, That my pass'd Sufferings will be look'd upon as a sufficient Punishment; especially, since it is not pretended, that I have transgressed any Law yet in Being.
I propose no great Happiness in this Life, and would willingly avoid as much Misery as I could; And must therefore humbly beseech Your Lordships, To look upon me as a Stranger in Your Kingdom, and a Person (as I really am) Inconsiderable in my-self; and, consequently, incapable of doing the least Prejudice to any Government.
For my Behaviour, I am willing to give the Best Sureties that I am able: But if that be not approved of, I hope Your Lordships will give me Leave to retire to some other Part of the World, where I may enjoy my Poverty with Freedom.
But, let my Fate be what it will, I shall ever pray for Your Lordships Particular Welfare, as well as the General Prosperity of the Kingdom.
And so resign my-self, with the utmost Humility, to Your Lordships great Clemency, Justice, and Compassion.
FINIS.
REMARKS ON THE TRIAL OF John-Peter Zenger, PRINTER of the NEW-YORK Weekly Journal, Who was lately Try'd and Acquitted for Printing and Publishing TWO LIBELS Against the Government of that PROVINCE.
LONDON:
Printed for J.
Roberts
in
Warwick-Lane
,
MDCCXXXVIII
(Price One Shilling.)
Preface
.
THE following
Remarks
were written by two Eminent Lawyers in one of our Colonies in
America
, immediately after the Publication of the
Trial
of Mr.
Zenger
, which it seems had been industriously spread over that Part of the World, before it reached
England
.
As the Doctrines contain'd in that Trial, or rather in the Speech of Mr.
Hamilton
, are of so new a Cast, and so absolutely contradictory to all the Resolutions and Judgments that have been settled and established for so many Ages, and by Judges of the highest Reputation, and most unquestionable Characters, for their Integrity, Virtues and Abilities, it could not be imagined so wild and idle an Harangue, could have had any Weight, or have met with any Reception here, where the Laws relating to Libels have been so often canvass'd, and are generally so well understood; and therefore the Person to whom these
Remarks
were sent, never thought of making any other Use of them than to satisfy his own Curiosity, and that of his Friends.
But seeing, to his great surprize, that this extraordinary Declamation has been mentioned with an air of Applause and Triumph in the Paper called
Common-Sense
, as striking out some new Lights with regard to the Doctrine of Libels; and upon the credit of that recommendation (as it is to be presum'd) the whole Trial, not only twice printed here, but retailed out in Scraps in the Publick News-Papers, whereby many well-meaning People may be deceiv'd and led into wrong Notions concerning the Laws of their Country in this Point: He has thought fit to communicate these Remarks to the Publick, in order to remove any Mistakes or Errors that Persons may fall into for want of an adequate Judgment in these Matters; and the rather, because if such false Opinions should happen to influence the Conduct of Practice of any, the Consequences may be very dangerous, it being an establish'd Maxim in our Law, that neither Ignorance nor Mistake, is an Excuse to any one who has broke it, from the Penalty of it.
REMARKS ON THE TRIAL OF
John Peter Zenger
, Printer.
SIR
,
IT has been a common Remark among those who have observed upon the capricious Dispensations of Fortune, that great Events are often produced by Instruments that are not seemingly adequate; nay, that the same apparent Causes have quite contrary Effects; and the Road that leads one Man to Wealth, Honour, and Power, sometimes carries another to Poverty, Infamy and Ruin. Hence comes that confused Distribution of Axes and Coronets, Halters and Ribbons, which History displays by numerous shocking Examples; and thus it is, that Fate seems to play at Crosspurposes with Mankind; or to speak in Scripture-phrase, in this Sense as well as many others,
the Wisdom of this World is Foolishness
.
I find myself drawn into these grave Reflections, by reading the Trial of
John Peter Zenger
, at
New-York
, upon
an Information for Printing and Publishing a Libel.
This Piece, it seems has been lately printed there, and was put into my Hands, t'other Day, by a Friend who has both a general Acquaintance and a Correspondence with the
Northern
Colonies, as a rare Production, containing many Things new and surprising. And in Truth I must say it affords a lively Specimen, in Miniature, of the Justness of the fore-going Remarks. I mean that Part of it which is attributed to
Andrew Hamilton
, Esq; of
Philadelphia, Barrister at Law
; together with the Sequel, describing the munificent Behavior of the Citizens in Common Council assembled, to the learned Gentleman, for his singular Performance on that Occasion.
I must at the same Time assure you, that if
Zenger
's Trial had been printed by Order of the Court that tried him, or from a Copy taken by a private Hand at the Trial, or by any other Means that excluded Mr.
Hamilton
's Approbation or Privity, I should have enjoy'd my own Opinion, without troubling you or any body else about it, and had the Charity to resolve all the Extravagancies that occur throughout his Declamation, into a right Discernment of the People he talk'd to, and a Dexterity in captivating them, which had its Effect in the acquittal of his Client. But when a Gentleman of the Bar takes the Pains to write over a long Discourse (he being the only Lawyer of either side who gave the Printer his Notes) in order to send it abroad through the World, as a Specimen of his Abilities, Sentiments and Principles; as a solemn Argument in the Law, fit to see the light and abide the Test in all Places; and, above all,
as a Task of Duty, which he thought himself bound to perform, even by going to the utmost Parts of the Land
for the Purpose; and all this,
without Fee or Reward, under the Weight of many Years and great Infirmities of Body
:
Zeng.
Trial
, P. 29, 31,
When a Barrister, I say, thus becomes a Volunteer for Error, and presumes to obrude bad Law and false Reasoning upon the Sense of Mankind, because the sage Magistrates of
New-York
have put their Seal to it; I think my self at Liberty without using any other Apology, to exercise the judging Privilege of a Reader, since the Gentleman himself has put me into the Possession of it.
In doing this, I shall not in the least gratify a vain Itch of Writing, for there are no extraordinary Talents necessary for refuting gross Absurdities; but I shall have the honest merit of endeavouring to undeceive such of my Fellow-Subjects in the Plantations as may, from the late uncommon Success of the Doctrine, mistake the Liberty of the Press for a Licence to write and publish infamous Things of their Superiours and of all others, at their Pleasure, provided they write and publish nothing but what is true. In the next place, I would preserve, as far as I am able, the Dignity of the Profession of the Law in these remote Parts of the
British
Dominions; and prevent its learned Professors in
England
, who probably will see the renowned Piece above mentioned (if we may judge from the industry used in dispersing it) from suspecting that all their
American
Brethren use the like Arts to gain Popularity and honourable Rewards. The former, having the Advantage of going daily to the great School of Law at
Westminster
, are already apt enough to think meanly of the Accomplishments of the latter who are far removed from Instruction; and their Opinion must be strongly confirmed in this Respect, if such a Rhapsody as was utter'd at
New-York
, should not only be applauded and rewarded publickly there, but printed and scatter'd in Reams through the other Colonies, without being followed by a suitable Animadversion.
Neither will it be amiss to take some Notice, in this Place, of the Quackery of the Profession in general, without any particular Application, as it has been practised with vast Success in some of our Colonies. You will often see (if common Fame may be trusted) a self-sufficient enterprising Lawyer, compounded of something between a Politician and a Broker, who making the Foibles of the Inhabitants his Capital Study, and withal taking Advantage of the Weakness of his Judges, the Ignorance of some of his Brethren, the Modesty of others, and the honest Scruples of a third Sort (without having any of his own) becomes insensibly an Oracle in the Courts, and acquires by Degrees a kind of Dominion over the Minds as well as the Estates of the People. An Influence never to be obtained but by the Help of Qualities very different from Learning and Integrity. Wherever such a Man is found, the Wonder is not great, if from a long Habit of advancing what he pleases, and having it received for Law, he comes in Time to fancy that what he pleases to advance is really Law.
I have taken the Pains, during this short Vacation between our Monthly Courts, candidly to examine this new System of
Libels
lately composed and propagated on the Continent; the Discovery of which cost the good City of
New York, five Ounces and a half of Gold, a Scrip of Parchment, and three Latin Sentences.
P.
31, 32.
My intention is to consider Things, not Persons, having no other Knowledge of the Gentleman principally concern'd than what is deriv'd from the Paper now before me; and being wholly a Stranger to the Merit of those Disputes that gave Rise to the Prosecution of this
Printer
.
Much less shall I turn Advocate for any Lawless
Power
in Governors. God forbid I should be guilty of such a Prostitution, who know by Experience of what Stuff they are commonly made; the wrong Impessions they are apt to receive of themselves and others; their passions, prejudices and pursuits; tho' when all reasonable Allowances are made for certain Circumstances that attend their Mission from home and their Situation abroad, a considerate Person may be tempted to think: --- it is well they are no worse than they are.
But to come to my Remarks on
Zenger's
Trial.
IN considering the Defence made for the Defendant (Mr.
Zenger
) by his Council (Mr.
Hamilton
) upon
not Guilty
pleaded to an
Information for printing and publishing a Libel
, it is not to the purpose to enquire how far the Matters charged in the Information are in their Nature Libellous, nor whether the
Innuendoes
are properly used to apply the Matters to Persons, Things and Places. It is only necessary to examine the Truth of this single Proposition, upon which the whole Defence is grounded, and to which the several parts of it refer; namely,
that the several matters charged in the Information, are not and cannot be libellous, because they are true in Fact.
This is the Cardinal Point, upon which the learned Gentleman's whole Argument turns, and which he lays down over and over, as the first Principle that governs the Doctrine of Libels;
Zeng.
Trial,
p.
12, 13, 22.
and accordingly he confesses the printing and publishing of the Papers laid in the Information, and puts it upon the King's Council to prove the Facts contain'd in them to be false; alledging, at the same Time, that unless that were done, the Defendant could not be Guilty;
p.
15,16.
but if the same were prov'd to be false, he would own the Papers containing them to be Libels. To this, it seems, the Attorney-General answered,
that a Negative is not to be proved
; and the other replied in these Words, which I chuse to set down, that I may not be thought to do him wrong.
p.
19.
-------
I did expect to hear that a Negative cannot be proved; but every body knows there are many Exceptions to that general Rule: For if a Man is charged with killing another, or stealing his Neighbour's Horse; if he is innocent in the one Case, he may prove the Man said to be killed to be still alive; and the Horse said to be stolen, never to have been out of his Master's Stable, &c. And this I think is proving a Negative.
Now I must think, that it is strange a Gentleman of his Sagacity, who owns he was prepar'd for the Objection, could not yet hit upon some of these many Exceptions which every body knows. For he does no more than give two Instances of One Affirmative being destroy'd by another that infers a Negative of the first; at which Rate most Negatives may be proved, and then the old Rule may be discarded. Thus, if it is shewn that a Man is alive, it follows clearly that he was not kill'd; and if a Horse is proved to have been always in his Master's Stable (for this is what must be understood of his being never out of the Stable) it certainly follows that he could not be stolen. So that, according to this new Scheme of Proof, he who is accus'd of killing a Man, or stealing a Horse, is to be put upon proving that he did not kill or steal; because it is possible that such Proof may be had sometimes: And so in the principal Case, if a Question arises whether a certain Magistrate has done particular Acts of Injustice of not, the Method is to shew that he did not do such Acts, not that he did them. I have touch'd upon this, not for its importance, but as a Specimen of the learned Barrister's manner of reasoning, and of the Spirit with which he sets out from the beginning.
At length, however, he takes the
Onus probandi
upon himself, and rather than the Thing should go un-prov'd, generously undertakes, at his Client's Peril, to prove the Matters charged in the Information as libellous, to be true.
p.
18.
But I would be glad to know, by the way, how this undertaking Gentleman could have proved the Truth of divers Facts contained in the paper which the Defendant published, supposing the Court had been so much over-seen as to let him into a Proof of this Sort. Could he prove, for Example, that
Judges
were arbitrarily displaced, and new Courts erected, in the Province of
New-York
, without Consent of the Legislature? For I am credibly inform'd, there never was a Pretence or Surmise of more than
One Judge
being displaced, or more than one Court erected under Mr.
Cosby
's Administration, both which happen'd upon one and the same Occasion. Now I would not have this esteem'd a captious Exception, when I have to deal with a Man of Law, who must or ought to know, that if such a Justification as he offer'd were at all allowable, it ought to be full and express, so as to leave no Room for the Libeller to multiply and exaggerate Facts, at his Pleasure, when he is disposed to traduce Persons in Authority; there being a manifest Difference between a single Act of Power without or against Law (from which perhaps few Governments have been free) and an habitual Abuse of Power in repeated Instances of the same Species. I would further ask, how he could prove
that the Law it self was at an End, and that Trials by Juries were taken away when a Governor pleased
; for if I mistake not, he was, at that Time speaking to a Jury in a regular Court of Law, and in a Prosecution which the Governor had much at Heart (as the Gentleman himself insinuates) and would have been highly pleased to convict his Client, yet would not attempt it but in the ordinary Course of Trial by a Jury, and then too could not find a Jury that would convict him. I think I am warranted in putting these Questions, even by the Authority of the Barrister himself, who says,
Truth ought to govern the whole Affair of Libels, and yet the Party accused runs risque enough even then; for if he fails of proving every Tittle he has wrote, and to the Satisfaction of the Court and Jury too, he may find to his cost,
&c.
p.
22.
But for the present I will suppose Mr.
Hamilton
was able to prove all these Things; nay, that the Jury knew them all to be true. I will go farther and allow, that Juries in Criminal Cases may determine both Law and Fact when they are complicated, if they will take such a Decision upon their Consciences (which is almost the only Point in which I can have the Honour of agreeing with him) yet after all these Concessions, the main Question rests still between us,
viz. Whether a Writing can be a Libel, in legal Acceptation, if the matter contained in it be true.
He is pleased indeed, to express his Dislike of infamous Papers, even when they are true, if levell'd against private Vices and Faults; and in this Case he calls them
base, unworthy, scandalous, unmanly and unmannerly
.
p.
19, 20.
But surely it might be expected, when a Point of Law was in question, that he would have told us whether they were lawful or unlawful, innocent or criminal, since these last are the only Epithets that were relative to his Subject, tho' the first might have their Weight in a Sermon or moral Essay. But it is plain, he was aware of the Consequence of being explicit upon this Head, for had he own'd such Writings to be lawful, because true, he would have alarmed the Common Sense of Mankind, by opening a Door for exposing at Mercy, the Frailties, Vices, Defects and Misfortunes of every Person high and low, which must inevitably destroy the Peace of Families, and beget ill Blood and Disorders. If on the other hand, he had acknowledg'd such Writings to be unlawful inasmuch as they concern'd private Miscarriages and Transactions; but that every Man might write as much Truth as he pleased about the Administration of the Government, not only by pointing out Faults and Mistakes, but by publishing his own Comment and Inferences in Order to fill the Minds of the People with all the Jealousies and Apprehensions his Imagination can form; it must have shock'd Men of Understanding to be thus told, that the Law had provided against private Quarrels and Breaches of the Peace occasion'd by virulent Writing, but had taken no Care to prevent Sedition and publick Disturbance arising from the same Cause.
His Favourite Position, however, was to be maintain'd at all Events; and therefore when
the Chief Justice
rightly instructed him, that he could not be admitted to give the Truth of a Libel in Evidence,
that the Law was clear that he could not justify a Libel; for it is nevertheless a Libel that it is true
;
p.
16.
the discerning Gentleman was pleas'd to understand by the Word
justify, a Justification by Plea, as it is in the Case of an Indictment for Murder, or an Assault and Battery; there
(says he)
the Prisoner cannot justify, but plead not guilty; yet in Murder, he may prove it was in Defence of his Life, his House, &c. and in Assault and Battery, he may give in Evidence, that the other Party struck first, and in both these Cases he will be acquitted.
If the Party in either Case is acquitted, the Reason is I presume, because the Matter given in Evidence amounts to a Justification in Law of the Fact charged on him, and is equivalent to a Confession and Avoidance in pleading. In like manner, if Truth be a sufficient Justification of a Libel, the Defendant will be acquitted upon proving the Contents of his Paper to be true. Now let it be observed, that the Words of the Book which the Chief Justice relied on are these.
It is far far from being a Justification of a Libel, that the Contents thereof are true since the greater Appearance there is of Truth in any malicious Invective, so much the more provoking it is.
That this is good Law, I hope I shall be able to shew fully hereafter, as I shall shew, in the mean time, that it is an express Authority against the well-read Barrister, who declares,
he has not in all his reading, met with an Authority that says, he cannot be admitted to give the Truth in Evidence
, &c.
p.
16
He seems to take it for granted (and I shall not dispute it with him now) that Matter of Justification cannot, in any Case, be pleaded specially to an Indictment of
Assault
or
Murder
; but the Party is to take Advantage of it in Evidence upon
not Guilty
pleaded. Let it be so; yet still this Matter must be a sufficient justification, or the Party can have no Benefit from it any way. In an Action of Assault and Battery, where the
first Assault
must be pleaded specially; the Matter of Justification is just the same, as in an Indictment for the same Offence, where it must be given in Evidence upon the General Issue. I ask then, whether the
first Assault
is a Justification in an Indictment of Assault and Battery? If the Barrister should answer Negatively, such Answer is against all Sense, for the Party is acquitted by virtue of the Justification only. If he should answer Affirmatively, he is inconsistent with himself, for he has but just affirm'd that when the Book says,
Truth is no Justification
, it must be understood of a Justification by Plea, by which he must mean that nothing else is a Justification but what is pleaded, or he must mean nothing at all. For the Words of the Book are,
it is far from being a Justification
&c. it is not said,
you are far from being at Liberty to plead it in Bar
. In truth, the Author is not there speaking of the Forms and Rules of Proceedings upon Libels, but upon the Substance and Nature of the Crime, what shall and what shall not excuse or justify it.
1
Hawk. Ch.
73. [sect] 5,6,7.
This is manifest from the Reason subjoined to support his Assertion,
viz. since the greater Appearance there is of Truth,
&c. which is a solid Reason grounded on the Wisdom of the Law, which punishes Libels even against private Persons, as Publick Offences, because they provoke Men to Acts of Revenge and Breaches of the Peace. I hope it will not be said that a Libel is less provoking, because the Truth of it is to be given in Evidence, than if it was to be pleaded in Bar.
But all this is
Star-Chamber-Doctrine
with the Barrister, and the very mention of that Court serves him for an Answer to every Thing, for which he has no other Answer; because the Memory of that Tribunal is justly detested on account of many illegal and exorbitant proceedings. No; this is the Authority of
Mr. Serjeant Hawkins
(tho' he uses Marginal References to some Start-Chamber Cases) whose Name is too great to receive any Addition from this Paper, and who after a long and studious Search in the Crown-Law, laid down this Proposition for Law at the Time he wrote his Book; and I believe it will appear in the Sequel that he was not mistaken. And now I come to join Issue with the Barrister upon this Point, whether Mr. Serjeant or he is in the right; or in other Words, whether Falsity in Fact be essential to a Libel, so that the Truth of the Fact may be given in Evidence to prove Writing to be no Libel.
He maintains the Affirmative of the Question,
both from what he understands to be the Authorities in the Case, and from the Reason of the Thing
.
Zeng.
Trial,
p.
16.
All which shall be consider'd in their Order.
The Authorities cited by Mr.
Hamilton
to support the Proposition formerly stated consist principally of Four Cases, which I shall consider in the Order as they were produced.
The first is the Case of
John de Northampton
, 18
Ed.
III. 3 Inst. 174. which he observes does not appear to have been a Case upon an Information, but that
he has good Grounds to say it was upon an Indictment
.
Zeng.
Trial,
p.
16.
This is what I shall not contest with him, because it is not material, or indeed easy to be determin'd, whithout seeing the Record; tho' I conceive there are Grounds to say it was not upon an Indictment, as was the Case of
Adam de Ravensworth
, mentioned by Lord
Coke
in the same Chapter. The Case, however, stands thus;
"John de Northampton
, an Attorney of the King's Bench wrote a Letter to one
Ferrers
, one of the King's Council, that neither Sir
William Scot
Chief Justice, nor his Fellows the King's Justices, nor their Clerks, any great Thing would do by the Commandment of our Lord the King
&c.
which said
John
being called, confessed the Letter,
&c.
Et quia prædictus Johannes cognivit dictam literam per se scriptam, Roberto de Ferrers, qui est de concilio Regis, quæ litera continet in se nullam veritatem: Prætextu cujus Dom. Rex erga Curiam, & Justiciarios suos habere posset indignationem, quod esset in Scandalum Justic. & Curiæ. Ideo dictus Johannes committitur
, &c." Here says the Barrister,
by this Judgment it appears the libellous Words were utterly false, and there the Falshood was the Crime, and is the Ground of the Judgment.
For my own part, I can neither see
Truth nor Falshood
in the Words at the Time they were wrote, for they refer to a future Contingency that might or might not be as he said; and in this respect, they were the same as if the Man had said, the Roof of
Westminster
-Hall would fall upon Sir
William Scot
and his Fellows. Besides, the Words taken by themselves have no ill meaning; for I imagine it will be allowed that most of
the great Things
which Judges do, as Judges, are such as ought neither to be done nor left undone by the King's Commandment. Where then was the Offence? The Record, I think, shews that in the following Words;
prætextu cujus Dom. Rex erga Curiam & Justic. suos habere posset indignationem,
&c.
Ideo dictus Johannes committitur
, &c. It is observable, that the Author of this Letter was an Attorney of the Court, and by the Contents thereof he presumes to undertake for the Behaviour of the Judges in some great Matters that concerned their Office. The Letter was address'd to a Person who was of the King's Council and might possibly communicate the Contents of such a Letter to the King; the consequence of which might naturally be that
Dom. Rex habere posset indignationem erga Curiam
, &c. for great Things were some times done, in those Days, by the King's Commandment; and the Judges, besides, held their Posts at Will and Pleasure.
The Words,
quæ litera continet in se nullam veritatem
, were therefore proper for the Judges to insert, in order to acquit themselves to the King; but they are no more the Ground of the Judgment than these other Words,
qui est de Consilio Regis
; both being only incidental Clauses that some in by way of Description: For it is not said;
Quia litera a prædicta continet in se nullam veritatem
. After all, I would not have this Construction of the Case, plain and natural as it is, pass meerly upon my own Credit; for I shall shew that this Case was so understood by one of the greatest Lawyers of his Time, before Lord
Coke's
3d Inst. appear'd in the World.
21. Jac.
B.R. Tanfield v. Hiron.
Godb. 405, 6.
The Plaintiff brought an Action upon the Case against the Defendant, for delivering of a scandalous Writing to the Prince,
&c. Noy
for the Plaintiff cited, 18 Ed. III. a Letter was sent to
Ferrers
, one of the King's Council, the Effect of which was, that
Scot
Chief Justice, and his Companions of the same Bench, would not do a vain Thing at the Command of the King;
yet because he sent such a Letter to the King's Council, altho' he spake no Ill, yet because it might incense the King against the Judges, he was punished
. If no Ill was said, will it be pretended that the Falshood of what was said could be a Reason for punishing a Man? Is it not ridiculous to say that the Falshood of innocent or insignificant Words can be Criminal? This Book, therefore follows the Record of
Northampton
's Case, and says; because it might incense the King against the Judges he was punish'd; which is almost a Translation of
prætextu cujus
, &c. which was the Ground of the Judgment,
Ideo Committitur
.
The next Case which the Barrister called to his Aid, is that of
the Seven
Bishops.
State Trials
, Vol. 4 and here he relies on a Flourish of one of the Council for the Bishops, and a dubious Expression of one of the Judges, separated from the rest of his Discourse.
Sir
Robert Sawyer
, 'tis true says,
Both the Falsity of it
(the Libel)
and that it was malicious and seditious, are all Matters of Fact, which they
(the King's Council)
have offer'd to the Jury no Proof of
, &c. This I must confess, proves on Point to which the Barrister adduced it, viz.
that he was not the first who insisted, that to make a Writing a Libel, it must be false
.
p.
17.
And when I have allow'd this, I may almost venture to say, it is the only Point he does prove from the Beginning to the Ending of his long, elaborate Speech. Let me however, oppose to this the Reply of Sir
Thomas Powis
, in these Words;
whether a Libel be true or not, as to the Matter of Fact; was it ever yet permitted in any Court of Justice to be made a Question; on whether the Party is punishable for it? And therefore I wonder to hear these Gentlemen say, that because it is not a false one therefore it is not a Libel
, fol. 382.
Mr. Justice
Powel
also does say,
that to make it a Libel, it must be false; it must be malicious; and it must tend to Sedition
. Upon which Words of this learned and worthy Judge; I would not presume to offer any Comments, except that which other Words of his own afford; that plainly shew in what Sense he then spoke. His subsequent Words are these;
they
(the Bishops)
tell his Majesty, it is not out of Averseness to pay all due Obedience; nor want of tenderness to their Dissenting Fellow-Subjects; but because they do conceive the Thing that was commanded them, was against the Law of the Land; they say, they apprehend the Declaration is illegal, because it is founded on a Dispensing Power; I do not remember in any Case in all our Law, that there is any such Power in the King; and the Case must turn upon that. In short, if there be no such Dispensing Power in the King, then that can be no Libel, which they presented to the King, which says that the Declaration, being founded upon such a pretended Power, is illegal.
So that the Judge put the whole upon that single Point, whether it be true that the King had such a Dispensing Power, or not; which is a Question of Law, and not of Fact; and accordingly the Judge appeals to his own Reading in the Law, not to Witnesses or other Testimony, for a Decision of it. In truth the Petition of the Bishops is not capable of having Falshood or Truth apply'd to it in any other Sense, there being nothing else affirm'd or deny'd in it,
but that they thought they could not do what was commanded them because it was against the Law
. This was the Behaviour; these were the Sentiments of that upright Judge, that gain'd him so much Honour among all good Men, as the Barrister takes Notice; not any Opinion of his, that the Contents of a Libel must be false in Fact, to make it a Libel; as he would unfairly insinuate.
Sir
Samuel Barnardiston's Case
is the third that is touch'd upon; and here too the Gentleman finds nothing that can be strain'd to his Purpose, but the Defendant's Council
insisting on the want of proof to the Malice and seditious Intent of the Author
. He seems to have forgot that the same Gentleman insisted also to have it proved,
that the Defendant was a Person of a turbulent and unquiet Spirit
, because these Words were set forth in the Information,and he takes no manner of Notice how all this was answer'd, which I must now do for him, in the Words of the Court;
certainly the Law supplies the Proof, if the Thing it self speaks Malice and Sedition. As it is in Murder; we say always in the Indictment, he did it by the Instigation of the Devil: Can the Jury, if they find the Fact, find he did it not by such Instigation? No, that does necessarily attend the very Nature of such an Action or Thing. So in Informations for Offences of this nature, we say, he did it falsely, maliciously, and seditiously, which are the formal Words; but if the Nature of the Thing be such as necessarily imports Malice, Reproach and Scandal to the Government, there needs no Proof but of the Fact done; the Law supplies the rest. How shall any Man prove another Person's Malice, which is a Thing that lies only in a Man's mind? How should any Man know that I am malicious against the Government, but by my Actions?
These Words, indeed, were pronounc'd by
the Chief Justice Jefferies
, who was then the Mouth of the Court; but tho' he was really an intemperate Judge (or a
Monster
, as the Barrister, in his Bar-Language, delights to call him) yet I may safely refer it to all Men of Law, whether these Words could have discredited the best Mouth that ever spoke upon that Bench.
p.
17.
State-Trials, vol. 3. 851.
An Instance of this Sort may not be impertinent, where a Chief Justice (who was no
Monster
) addresses himself to a Jury, that was trying a Libel, in this manner:
I will not repeat the Particulars to you, only something to what the Defendant has said, that you may not be misled. He says, it does not appear that he did it maliciously or knowingly. There are some Things that you that are of the Jury are not to expect Evidence for, which it is impossible to know but by the Act it self. Malice is conceiv'd in the Heart, no Man knows it, unless he declares it: As in Murder, I have Malice to a Man; no Man knows it. I meet this Man and kill him; the Law calls this Malice. If a Man speak scandalous Words against a Man in his Calling or Trade; he lays his Action, Malice; tho' he cannot prove it but by the Words themselves; you may see, there is Malice supposed to a private Person in that Slander, much more to the King and the State.
State-Trials, vol. 2. 537.
Tuchin's Case
, the Barrister does not properly cite, but endeavours to answer as a Case urged against him by the King's Council; and therefore I shall observe upon it in another Place.
But the Case of Cases is still behind, which he reserved for the last,
to make the Point clearer on his side
, than all the rest put together could do.
p.
17.
It is
Fuller's Case
. State-Trials, vol. 5. 445, 6, 7, 8. And it deserves notice, that altho'
Fuller
was charged with writing a Libel, yet
that
was not the Gift of the Information. He was, in truth, prosecuted for being
a Cheat and Impostor
, by Order of the House of Lords, as the King's Council declare in the Opening.
The Information accordingly sets forth,
"That
W.F.
intending the late
King William
and his Subjects to deceive, and to get several great Sums of Money fraudulently and deceitfully from the said King; concerning a Correspondency between divers Officers and Subjects of the said late King, and
the late King James
falsely pretended to be had; did write and Print a Libel, intituled, Original Letters,
&c.
with the Deposition of
T.J.
and
T.F.
Esqrs. proving the Corruption lately practised in this Nation; and the said
W.F.
afterwards did publish, utter, and for Truth affirm the said several false and scandalous Libels, without any lawful Authority;
whereas in Truth the said T.J. did not depose upon his Oath as is contained in the said false and scandalous Libel; but the said scandalous libels are false, feigned, and altogether contrary to Truth
, &c." Here it is manifest he was accused of a Cheat, in Forging
the Correspondence and the Depositions
just mentioned, with a Design of getting Money by his pretended Discovery. And hence it comes, that the Judge very properly asks him,
have you any Witnesses? If you take upon you to write such Things as you are charged with, it lies upon you to prove them true, at your Peril. How come you to write those Books that are not true? If you have any Witnesses, produce them.
Thus said, and thus did that great Man, Lord Chief Justice
Holt
;
p.
17
but not upon a Trial of the like kind with Mr.
Zenger
's, as his Council would have it thought. For in this Case the
Cheat
and the
Imposture
was the Offence, which consisted wholly in the falsity; that is, in affirming such Things for
Realities
, when they were nought but
Fictions
. On the contrary, had he been able to prove those
Letters
and those
Depositions
to be authentick, the discovery would have been valuable, and might intitle him perhaps to Favour and Protection instead of Punishment; however irregular he was in taking such a Method to publish Matters of that high Consequence. After this, let the learned Barrister,
in all his Reading
, shew an Information or Indictment for a
Libel
, where the
Falsity
is assigned in Form with
ubi re vera
, as the Foundation of the Offence; which is done in
Fuller
's Case; and then I will acknowledge that the Questions put here by
Lord Holt
, would have been proper upon the Trial of his Client.
This is the Sum of the Barrister's Law-Cases. And is it not high Time to ask, whether such gross Misrepresentations of the Books can proceed from Ignorance or Disingenuity? Be that as it will; it might certainly be expected, that a Proposition advanced with so much Assurance,
by a Man of Years and Reading
, should have been supported by some One Authority in Point, rather than by a Series of low Prevarication and Quibble. Could he not find in all the Book-Cases and Trials at large concerning
Libels
(which are sufficient of themselves to make a large Volume) one Example of Proof being received to the Truth or Falsity contained in a libellous Writing? Indeed there is nothing like it to be found; tho' the Occasions have been many, where such Proof might be had, if it were proper; nay, where the Truth of the Thing was notorious to all Men, and yet no Question ever moved concerning it. This shall fully appear in the Sequel.
If any thing can be necessary further to expose Mr.
Hamilton's
Doctrine of
Libels
after answering his own Cases, it is only to subjoin some others that will shew how much he is mistaken in almost every thing he has offer'd on the Subject. I shall therefore mention a very few, that will bear a particular Application to his crude Notions, without entering into a Multitude of others, to tire the Reader.
16
Car.
2. The
King
v.
Pym.
I Sid. 219, B.R.
Pym
was indicted at
Exeter
for a Libel, which he deliver'd to a Parson to be publish'd in Church there, and was to this Effect;
you are desired to be wail the Sodomitry, Wickedness, Whoredom, Lewdness, that is of late broken out in this formerly wellgovern'd City; that God would turn their Hearts from committing those Wickednesses which go unpunished by the Magistrates.
Pym
confess'd the Indictment, and was fined 100 l. He afterwards brought a Writ of Error, and assign'd for Error that this was no Offence, because tho' he says,
go unpunished by the Magistrate
; yet he does not say that the Magistrate knew of it, and Wickedness unknown can't be punished. It was answer'd by the Court, that this contains matter of great Scandal to the Government of the City, for it makes the late Government better than the present, &c.
Hide, Twisden, Keelyng, Windham
Just.
I have pitch'd upon this Case, because the Barrister is fond of comparing the Plantations to large Corporations; and he will find here, that even those are not left to the Mercy of Libellers,
altho' they do not put in a Claim to the Sacred Rights of Majesty
:
Zeng.
Trial,
p.
14.
And that a Misbehaviour of this kind to the Magistrates of a Corporation is not entirely innocent,
because it is not to be judged of, or punished, as a like Undutifulness would be to our Sovereign
.
p.
14
This Case was adjudged about four Years after the
Restoration
, when the Memory of the preceding Usurpation was fresh in every body's Mind. It is strange therefore Mr.
Pym
did not put himself on his Trial at
Exe ter
, for it was evident beyond Contradiction to the People of that Age, from their own knowledge, as it is now to us from History, that the Wickedness specified in the Libel was restrain'd by a stricter Hand before, than after the Restoration. But this notorious Truth, it seems, did not avail Mr.
Pym
.
22
Car.
2. the
King
v.
Saunders.
Raym. 201. B.R.
Information for writing a scandalous Libel to
H. Rich.
who was indebted to him, and kept him out of his Money three Years by obtaining a Protection, and at length getting into the Prison of the King's Bench.
Saunders
wrote him a Letter, wherein he tells him;
that if he had any Honesty, Civility, Sobriety or Humanity, he would not deal so by him; and that he would one Day be damned, and be in Hell for his Cheating
; and cited several Places of Scripture to make good his Allegations. The Defendant was found
Guilty
, and moved in Arrest of Judgment, that the Substance of the Letter is not Scandalous, but impertinent and insignificant, &c.
Cur.
The Letter is provocativce, and tends to the incensing Mr.
Rich
to break the Peace. The Court adjudged the Letter scandalous, and fin'd him 40 Marks.
Keelyng, Twisden, Rainsford, Moreton
, Inst.
I would entreat the clear-sighted Barrister to look carefully into the Words of this Libel, and try if he can discover any Truth or Falshood in them that was capable of Proof. And I must remark upon both these Cases, that tho' they were adjudged in the Reign of K.
Charles
II. yet neither of them was upon a State Prosecution, or at a Time when the Spirit of
Plots and Factions
had infested the Courts of Justice; but they remain unquestionable Authorities at this Day.
State-Trial vol. 5. The Case of
Tutchin
is strong against him; a Case adjudged since the Revolution, before that learn'd and upright Judge Sir
John Holt
, and plainly shews the Fallacy that runs throughout his whole Argument.
The Points insisted on by this
Chief-Justice
, in his Charge to the Jury, were these;
to say that corrupt Officers are appointed to administer Affairs is certainly a reflection on the Government. If People should not be called to an Account for possessing the People with an ill Opinion of the Government, no Government can subsist; now you are to consider, whether these Words I have read to you do not tend to beget an ill Opinion of the Administration of the Government; to tell us that those that are employ'd know nothing of the Matter, and those that do know are not employ'd. Men are not adapted to Offices, but Offices to Men, out of a particular Regard to their Interest, and not to their Fitness for the Places. This is the Purport of these Papers.
If this was the Purport of the Papers, and so criminal as hath been just said, it is amazing surely that Mr.
Tutchin
did not offer to prove the Truth of these Allegations, and thereby take out their Sting! Could not he possibly think of as many corrupt or incompetent Officers, Ecclesiastical, Civil or Military in
England
prefer'd by Interest rather than Merit,
as there were Judges displaced and Courts erected in New-York
? Or if he was restrain'd by the hard-hearted Judge, from desporting himself in this pleasant and spacious Field; could he not apply to the private Knowledge which the Jurors (as well as the rest of Mankind) had of these Matters? For I imagine it will be allowed, that if no Instances of this sort could be shewn at the Time of
Tutchin
's Trial, it was the only Period within the Memory of Man, or the reach of History, that wanted the like.
But the misfortune was, the poor Man was not bless'd with such skilful Council as is to be had in
Philadelphia
, to think of these good things for him;
p.
18.
otherwise you might have heard an alert Advocate (
after returning thanks to his Lordship for nothing
) address himself to the Jury in this or the like eloquent Strain;
then, Gentlemen of the Jury, it is to you we must appeal for Witnesses to the Truth of the Facts we have offer'd, and are deny'd the Liberty to prove; the Law supposes you to be summon'd out of the Neighbourhood where the Fact is alledged to be committed; and the Reason of your being taken out of the Neighbourhood is, because you are suppos'd to have the best Knowledge of the Fact that is to be tried. And were you to find a Verdict against my Client, you must take upon you to say the Papers referr'd to in the Information, and which are proved to be written and published by us, are false, scandalous and seditious. You are Citizens of
London
, honest and lawful Men, and the Facts which we offer to prove were not committed in a Corner; they are notoriously known to be true. And as we are deny'd the Liberty of giving evidence to prove the truth of what we have published, I will beg leave to lay it down as a standing Rule in such Cases, that the suppressing of Evidence ought always to be taken for the strongest Evidence, and I hope it will have that Weight with
you.
Lay your hands upon your Hearts, Gentlemen, and recollect. Do none of you know; nay, do not all of you know certain Persons, who shall be nameless, that have been lately promoted by Favour and Interest, to Places of Trust and Profit both in Church and State, Army and Navy; whom you must know and believe in your Consciences to be ill Men and no way qualified for such Preferment; as my sagacious Client has most seasonably remonstrated to the Neighbours, by virtue of that right which every free-born Subject hath of publishing his Complaints, when the Matters so published can be supported with Truth?
p.
12, 22.
But is
Lord Holt
asleep all this Time? Can any reasonable Man, who has but common Notions of Judicature, imagine that this great Judge would suffer such Trash as this to be thrown out in any Court where he sat in Judgment? But what must he have said if the Libeller before him had offer'd to prove,
that the Law itself was at an end; that Trials by Juries were taken away when a Minister pleas'd; that no Man could call any thing his own, or enjoy any Liberty longer than those in the Administration would condescend to let him do it
? Would he have said that these Things did not tend to possess the People with an ill Opinion of the Government; and that Governments might well subsist, tho' Men should not be call'd to an Account for publishing the like? or would he have said, it was no matter what Opinion the People had of the Government, nor whether it subsisted or not, provided these Assertions were true; and so have discharged the Man as a Publisher of precious and useful Truths
to put the Neighbours on their Guard
?
But here also the Barrister lays hold of a Random-Question, put by one of the King's Council to Mr.
Montague
, who was for the Defendant, and was then touching upon the Affairs of the Navy. Saith the former;
will you say they are true
? now the latter had hinted as much as that these Things were true, but did it with that Caution which a Man of Skill uses, when he would say something in Support of a lame Cause, but don't care to press an Impropriety too far. For that learned Gentleman was very sensible, that if he had presum'd to insist expressly on the Truth of the Matters contain'd in his Client's Papers, a severe Reprimand was the best thing that could have befallen him. His Words are these;
no body can say, that we never had any Mismanagements in the Royal Navy; and whenever that has happen'd, the Merchants of
England
in all Probability have suffer'd for it
. But does the Judge, in his Charge to the Jury, vouchsafe to give this Matter any Answer, or so much as to mention it?
Lord Holt
did not usually pass by material Things that were offer'd in Defence of Persons tried before him; yet in this Case he makes no Questions or Scruple about the Truth or Falshood of
Tutchin
's Papers, altho' they contain'd many Things which his Lordship, the Jury, and all the World knew to be **** This candid Judge, however, puts the merits of the whole upon the Scandal of the Government, and the evil Tendency of such Writings. And therefore I must once more call upon the Northern Barrister to shew a single Instance where Witnesses have been produced by Council, and admitted by the Court to prove the Truth of a Libel. When he does this, it will deserve Consideration; but till then he may talk by the Hour without any Meaning.
I could mention some Cases of a more modern Date, that have been adjudged in
Westminster-Hall
, when this wild Doctrine was not so much as thought of, and when it would not have been altogether useless had it been practicable; but I have chose to mention such only as are reported, that the Books may speak for themselves, and judge between us.
But this Lawyer seems to be above having his Points of Law decided by the Authorities of the Law; and has something in Reserve, which may serve to overthrow not only what has been offer'd in this Paper, but even all the Books of the Law. This is what he calls
the Reason of the thing
, but is truly and properly a Sketch of his own
Politicks
; which leads me to shew that
the true Reason of the thing
here, agrees with the
Law
, and consequently both these are against this expert Master of Law and Reason.
The Reason of the Thing
, as well as it can be collected from a Heap of Particulars huddled together without Order and Method, may be reduced to the three following Heads.
1. The Form of an Information for a Libel, and the Necessity of knowing the Truth of Falshood of its Contents, in order to direct the Judges in awarding arbitrary Punishment.
2. The Right every Man hath of publishing his Complaints, when the Matters so published can be supported with Truth.
3. The Necessity there is of using this Right, in the Plantations especially, by reason of the Difficulty of obtaining Redress against evil Governours by any other Means.
1. It will not be improper to premise, under the first Head, that a Gentleman of the Law, who takes upon him to pronounce so magisterially as the Northern Barrister has done concerning
Libels
, ought to have consider'd well the Nature and Extent of his Subject. It might be expected that he is not unknowing in any Part of Learning necessary to fix his Idea of
a Libel
. And yet the present Case would appear to be quite different. This learned Gentleman might have inform'd himself by reading some of the ancient Laws before the Conquest, that when the
Falsity
of virulent Writings and Speeches was taken into the Description of the Crime, there was a specifick Penalty annex'd, viz.
Cutting out the Offender's Tongue, Lamb. Sax. Laws
. But this Severity seems to have fallen into Disuse under the
Norman
Kings; and accordingly
Bracton
, who wrote in the Reign of
Henry
III. gives a Description of these Offences as they were understood in his Days, wherein
Falsity
is neither express'd nor imply'd. These are his Words;
Fit autem injuria, non solum cum quis pugno percussus fuerit, verberatus, vulneratus, vel fustibus cæsus; verum cum ei Convitium dictum fuerit, vel de eo factum Carmen famosum & hujusmodi
. Fol. 155. Indeed here is no mention of
Libels against the King or the State
; the Reason of which seems plainly to be, that Offences of this Sort were considered as a Species of
Treason
, not only in that Age, but in several Ages after, notwithstanding the Statute 25 Ed. III. and tho' they have by happy Degrees dwindled into
Misdemeanours
, yet no body except the Barrister will say they are come to have a greater Indulgence from the Law, than the like Offences against private Persons. How far therefore
Bracton
's Acceptation of a
Libel
has prevailed ever since, must be submitted upon what has been offer'd in the preceding Part of the Remarks.
Here the Barrister throws in a shrewd Question, arising from the Form of the Information which charges the Libel to be
false.
This Word FALSE,
says he,
must have some Meaning, else how came it there? I hope Mr. Attorney will not say he put it there by Chance; and I am of Opinion his Information would not be good without it.
Zeng.
Trial p. 15.
By way of Answer to this, I must take Leave to put a Question or two in the same Strain. Suppose an Man brings an Action of
Trespass
, for violating his Wife, and he fairly sets forth the Truth of the Case,
viz.
That the Defendant
by amorous Addresses, Letters, Presents
, &c. did gain the Consent of the Plaintiff's Wife, and at length debauched her. I would ask whether an Action of
Trespass
thus laid can be supported? I fancy not; and yet this is a more just Account of the Matter, than when
vi & armis
, viz.
Swords, Staves, Knives
, &c. are introduced as Instruments of invading this tender part of our Neighbour's Property. Suppose further, a Man kills another whom he never saw or heard of before; and he is accused of Murdering him
of Malice fore-thought
. How come such Words to be put into an Indictment for a Fact so circumstanc'd? they must have some meaning, surely they are not put there by Chance; and I am of Opinion the Indictment would not be good without them. Why, there is this short Answer to be given to all these Childish Questions: There are many Words used in Pleadings of most kinds, sometimes for Aggravation, sometimes for Comprehension, often in Compliance with Antient Usage, which are not traversable, and many times are incapable of Proof. The Form of Indictments and Informations follows the Nature of the Fact, and sets it out in its worst Dress; and if the Fact is made appear to be unlawful, all the hard Names are supply'd by Implication of Law.
This is not all quoth the Counsellor;
it is said, that Truth makes a Libel the more provoking; well, let us agree for once, that Truth is a greater Sin than Falshood: yet as the offences are not equal, and as the Punishment is arbitrary; is it not absolutely necessary that they should know whether the Libel is true or false, that they may by that means be able to proportion the Punishment: for would it not be a sad Case, if the Judges, for want of a due Information, should chance to give as severe a Judgment against a Man for writing or publishing a Lye, as for writing or publishing a Truth?
p.
16.
Now is it not a sad Case, that he should want to be told, that Human Laws don't strictly regard the moral Pravity of Actions, but their Tendency to hurt the Community, whose Peace and Safety are their principal Objects; so that by this Standard only are Punishments measured. If this profound Sophister is of another Opinion, let him give a Reason why it should be a greater Crime in our Law, for a Man to counterfeit a silver Shilling than to cut his Father's Throat.
2. The right of remonstrating or publishing just Complaints, the Barrister thinks the Right of all Freemen: and so think I, provided such Remonstrances and Complaints are made in a lawful way. But when he comes to explain, it is not a Court of Justice, it is not an House of Representatives, it is not a Legislature that is to be troubled (as he phrases it) with these Things. Who then, I pray, is to be troubled with them, for
the King
it seems is out of the Question? let the Barrister speak for himself;
they have a Right (says he) publickly to remonstrate against the Abuses of Power, in the strongest Terms, to put their Neighbours upon their Guard
, &c. and in another Place, he speaks of it as a Hardship,
if a Man must be taken up as a Libeller, for telling his Sufferings to his Neighbour
. Now tho' I wish and hope as earnestly as he can do, that a free People may never want the Means of uttering their just Complaints, and of redressing their Wrongs too, when their Complaints are not heard; yet I always thought these Things were better understood than expressed in a
Court
of Law; and I shall probably remain in that Opinion, till the learned Gentleman can produce something from the
Common
or
Statute Law
, to shew that a
British
Subject has a Right of appealing publickly
to his Neigbours
(that is, to the Collective Body of the People) when he is injur'd in his Person, Rights or Possessions. When I am assur'd that he can do this, I promise him I shall not grudge a Voyage to that Country,
where Liberty is so well understood and so freely enjoyed
, that I may receive the important Discovery from his own instructive Mouth.
p. 29.
I know the Law-Books assert the Right of Complaining to the
Magistrates and Courts of Justice
, to the
Parliament
, to the
King
himelf; but a Right of Complaining to the
Neigbours
is what has not occur'd to me. After all, I would not be thought to derogate, by any thing I have said or shall say, from that noble Privilege of a free People,
the Liberty of the Press
. I think it the Bulwark of all other Liberty, and the surest Defence against Tyranny and Oppression. But still it is a Two-edg'd Weapon, capable of cutting both Ways, and is not therefore to be trusted in the Hands of every Discontented Fool or designing Knave. Men of Sense and Address (who alone deserve publick Attention) will ever be able to convey proper Ideas to the People, in a Time of Danger, without running counter to all Order and Decency, or crying
Fire
and
Murder
thro' the Streets, if they chance to awake from a frightful Dream. But I must again urge, that these Points are not fit to be discuss'd in a Court of Justice, whose Jurisdiction is circumscribed by positive and known Laws. Besides, they take Place properly in a Sovereign State which has no Superiour on Earth; and where an injured People can expect no Relief but from an Appeal to Heaven. This is far from being the Case of Colonies; and therefore I come to shew, under the third Head, that the Barrister's
Reason of the thing
is no other than
Reason inverted
, which possibly may help the Projects of a
Demagogue
in
America
, but can never be reconciled to the Sentiments of a Lawyer, or the Principles of a Patriot; consider'd as a Subject of
Great Britain
.
3. I have hitherto been taught to believe, that when a brave and free People have resorted to Measures unauthoris'd by the ordinary Course of the Laws; such Measured have been justified by the extraordinary Necessity of the Case, which excluded all other Means of Redress. And as far as I understand the Constitution, and have heard Accounts of the
British
Colonies, such a Case cannot well hapen and has never yet happen'd among them. But here the Barrister is ready to ask, how must we behave when we are oppressed by a Governour, in a Country where the Courts of Law are said to have no coercive Power over his Person, and where the Representatives of the People are, by his Intrigues, made Accomplices of his Iniquity? certainly it can't be a new Discovery to tell this Lawyer; that as the Governour is a Creature of the
Crown
, so the most natural and easy Course is to look up to the Hand that made him. And I imagine it may be affirm'd (without catching an Occasion of offering Incense to
Majesty
) that if one half of the Facts contained in
Zenger
's Papers, and vouched for true by his Council, had been fairly represented and proved at home, Mr.
Cosby
would not have continued much longer in his Government; and then the City of
New-York
might have applied to it self the Inscription of the Gold-Box;
demersæ leges, timefacta libertas, hæ tandem emergunt
;
p.
32.
with greater Propriety and Security, than could possibly be derived from the impetuous Harangue of any Lawyer whatsoever. I am the more embolden'd to say thus much, because tho' it is my Lot to dwell in a Colony,
where Liberty has not always been well understood, at least not freely enjoy'd
, yet I have known a Governour brought to Justice, within these last twenty years, who was not only supported by a Council and Assembly, besides a numerous Party here, but also by powerful Friends at home; all which Advantages were not able to screen him from Censure, Disgrace, and a Removal from the Trust he had abused.
It is not always necessary that particular Persons should leave their Affairs and Families in the Plantations, to prosecute a Governour in
Westminster-Hall
, unless their Fortunes are equal to the Expence. For it is seldom seen that the Violence of a bad Governour terminates in private Injuries; inasmuch as he can't find his Account in any Thing less than what is of a general and publick Nature. And when this is the Case, I hope none of our Colonies are, even at this time, so destitute, but that they can find the means of making a regular Application to their
Sovereign
, either in Person or in his Courts at
Westminster
, as their Case may require.
But the wild Inconsistency that shines through most parts of this Orator's Speech, is peculiarly glaring in that part of it now before me.
p.
20.
The Remedy which he says our Constitution prescribes for curing or preventing the Diseases of an evil Administration in the Colonies, I shall give in his own Words;
has it not been often seen (and I hope it will always be seen) that when the Representatives of a free People are, by just Representations or Remonstrances made sensible of the Sufferings of their Fellow-Subjects, by the Abuse of Power in the Hands of a Governour, they have declared (and loudly too) that they were not ob liged by any Law to support a Governour who goes about to destroy a Province or Colony
, &c. One would imagine, at first Sight, that this Man had the same Notion, with the rest of Mankind, or just Representations and Remonstrances to the Representatives of a free People, which has ever been understood to be by Way of Petition or Address directed and presented to them in Form; in which Case it is hoped, that they, being moved by the Complaints of the People will stretch forth their Arms to help them.
p.
21.
But alas! we are all mistaken; for he tells us, in the same Breath, that the right Way is by telling our Sufferings to our Neighbours in Gazettes and News-Papers; for the Representatives are not to be troubled with every Injury done by a Governour; besides, they are sometimes in the Plot with the Governour, and the injured Party can have no Redress from their Hands; so that the first Complaint (instead of the last Resort) must be to the
Neighbours
, and so come about to the Representatives through that Channel.
Now I would be very glad to know, what the
Neighbours
can do towards effecting the desired Reformation, that will be attended with so good Success and so few ill Consequences, as a regular Application to his Majesty would be. I would be pleasant, doubtless, to hear this Politician speak out and explain himself at large upon this Subject. I confess it surpasses my Comprehension to conceive what the
Neighbours
inspired with weekly Revelations from the City Journalist, can do with their Governour and Assembly, unless it be to reform them by those persuasive Arguments which the
Major vis
never wants good Store of. If this be the
Patriot's
meaning, his Words may possibly be understood; but without this meaning they are meer
Jargon
.
In a word; I shall agree with the Barrister (and so take my leave of him) that
the Liberty of exposing and opposing arbitrary Power
is the right of a free People;
p. 29.
and he ought at the same time to admit, That the Order of Things and the Peace of Society, require that extraordinary Means should not be used for this Purpose, till the ordinary have failed in the Experiment. The supreme Magistrate of an
independent Kingdom or State
cannot always be controul'd by the one, and then the other is justified by that Consideration. But in
Colonies
that are from their Creation subordinate to their Mother-Country, there is no Person who is not controulable by regular and well known Methods of proceeding; and consequently there can be no absolute Necessity of flying to Extremities, at least in the first Instance. From all which, I conceive, it follows, that
local Considerations
, upon which the Gentleman lays so great Stress, conclude directly against him; and I hope the Security which the British Constitution affords to every Man's Person, Property and Reputation, as well as to the publick Tranquillity, is not lessen'd by any Distance from the Fountain of Power and Justice; but that a
Libel
is a
Libel
, and punishable as such in
America
as well as in
Europe
.
I am sensible, there is a Freedom of Expression used in these Papers, of which I should disapprove in the common Cases of Controversy; but I found my self under a Necessity of shewing no Respect to the Performance under Consideration, unless I were to forfeit the little that might be due to the
Remarks
. For tho' a Lawyer is free, nay oblig'd by the Duty of his Profession, to make the most of the Cause he espouses, (his real Sentiments being suspended for that Time, by reason of the Biass under which he acts) yet when he draws his private Opinion into the Debate, and interests his Passions in the success of it, he then departs from his Character, and becomes a
Party
rather than an
Advocate
. In short, there is an Air of Self-sufficiency and Confidence mixt with the whole lump, enough to give a disrelish even to good Sense and good Law, but is nauseous beyond all bearing, when neither of these is found. Among Lawyers, I was sure this Lawyer deserv'd no Answer, and yet an Answer seemed indispensable, not only for the Reasons given at my setting out, but also in order to save many well meaning People from reverencing a piece of
Buffoonry
, that had been thrust into the World with so much florid Conceit and a Gold-Box tagg'd to the End of it. A piece, wherein the whole common-place of popular Declamation (equally adapted to all popular Occasions) is exhausted, and
the Holy Scriptures
brought in to season his Jokes.
p. 27.
But as this last seems design'd only for a Sally of
Wit
and
Humour
, I shall not offer to detract from its Merit; considering too it had so happy an Effect as to set the good People a laughing, when they heard
the Word of God
most ingeniously burlesqu'd in a
Christian Court
. A Piece that hardly shews the Author to have been serious when he pronounc'd it, or his wise Benefactors when they rewarded him; but that his solemn Professions of
Principle
and
Duty
compel a charitable Mind to suspect his Knowledge rather than his Sincerity, and
Citizens
are ever thought to be in earnest when they part with their
Gold
and shew their
Learning
.
p. 31;32.
Sir, I ought to make an Apology to you for trespassing so long upon your Patience, which might have been better employ'd; but I flatter my self with the Hopes of having some Allowance made for an honest, tho' weak Attempt to rescue the Profession of the Law, and the Interest of lawful Liberty from the Disgrace thrown upon both in One of our Sister Colonies. Ths is the Truth, and let it be my Excuse
.
I am yours, &c.
Anglo-Americanus.
LETTER II.
SIR
,
IT must be mortifying, no doubt, to a Person who has received peculiar Marks of Publick Approbation to be told, that the very Act which procur'd it was so far from being commendable, that it really deserved a severe Censure; and one wou'd the rather decline such an Office, how just soever the Occasion, because it cannot be done without condemning at the same Time, the Judgment of those whose Suffrage had been thus unworthily obtain'd. But when the Laws are openly perverted, and Courts of Justice, with an Air of Gravity,
droll'd
out of their established Rules by such whose Profession supposes them Ministers of Justice, and when this too shall be dignify'd with Applause, and made highly meritorious, I conceive neither Good-nature, nor the Solemnity of
Publick Seals
shou'd restrain an honest Pen from exploding the Practice, in order as well to stop the Progress of its evil Effects, as to prevent the like Attempts for the future.
Virtue and Merit, it is most certain, ought to be encouraged, especially by all in Authority; but when that which is meerly counterfeit shall gain Esteem, stand in the room of what is truly genuine, and be actually loaded with the Rewards thereof, it does not only frustrate the Original Intention of such Rewards, but likewise give Countenance to the Impostor, and furnish him with still further Means of vending his false Wares, in Prejudice of the Publick. Now this, with all due Submission, I take to be the Case of the
Corporation
in
North America
, with Regard to the Honours they were lately pleased to confer, on a
noted Barrister
in those Parts, for his supposed Services in the Affair of
Zenger
the Printer, whose
Trial
has been so plentifully dispers'd here, and in other Places. Aggregate Bodies, we find may be mistaken, and too often are, as well as private Men; and when they do err, it is of the more dangerous Consequence, on account of the Extent of their Power and Influence. The Province in general of
New-York
, or the City in particular might, for ought I know, have sufficient Cause of Complaint, in some Respects, against their then Commander in Chief and his Administration; but it is to be considered that as there never was one absolutely free from Faults, so it is the great Privilege of the Inhabitants of every
British
Government that a proper Channel is chalk'd out, in all such Events, and a Way open for Relief. The Method therefore which the Constitution prescribes ought to be strictly pursued, and any illegal Deviation is not only inconsistent and unjustifiable in it self, but has, besides, a Tendency to introduce Mischiefs more to be dreaded even than those that were sought to be redress'd. It is the Law which must be the Standard of Right and Wrong; and whoever has recourse to any other Aid, or knowingly advises thereto, in the Case of particular Grievances, cannot act on a true Principle of Publick Spirit, but must be influenced by unworthy Motives; and is always more or less an Enemy to the Community, according to his Situation, and in proportion to the Talents he happens to possess. If Mr.
Zenger
then will avowedly publish Seditious Libels against the Government under which he lives, and his Council will offer to support him by Artifices unbecoming the long Robe, and advancing Propositions manifestly contrary to Law; as the former deserves to be punished by it, so the latter I humbly presume to say, whatever he may claim from his Client, ought not to be paid his Wages by any Set of Men who owe their Being to the Law, and cannot exist without it.
But I shall not scruple to acknowledge here, and I do it on no superficial Observation, that there can't be a more pernicious Creature in a distant Colony than that of a Practitioner of the Law, with much Assurance, little Knowledge, and no Morals; a Character not unheard of in more than one of his Majesty's Plantations, and which yet I would by no means apply to Mr.
Hamilton
, any otherwise than may appear to be just from the performance he has, it seems, taken so much Pains to publish to the World. The judicious Remarks already made upon it by
Anglo-Americanus
will hardly leave room for any thing to be added that is very material, and therefore I shall content my self with a few
Gleanings
only, and make some cursory Reflections thereon, whilst they afford me an Opportunity of bearing my Testimony also against what I think the most indecent Behaviour at least, if it may not be called the boldest Outrage that ever was exhibited from the Bar without a suitable Chastisement.
Whoever has enquired into the Doctrine of
Libels
, and the Reason of their Punishment, will perceive, that they take their Degrees as they affect private Persons, particular Magistrates, or are aim'd against the Government it self; and I may venture to say, that no Lawyer of Reputation will deny but what is set forth in the Information against
John-Peter Zenger
was of this last Kind, and
that
too conceived in the grossest Terms, such as will not admit of a different Construction, or of any other meaning than what is put upon them by the Prosecutor for the Crown. Now I am sensible, that great Allowances are with good Reason made to Council in the Heat of Argument, and when supposed to be animated with a laudable Zeal for their Clients. Nor has it been usual to correct them for every harsh and hasty Expression, provided they keep within Bounds, and stick to that which is their Duty, without running into Matters that have no Relation to the Issue, and cannot fairly serve the Side they espouse. Yet, as the Lord Chancellor
Nottingham
occasionally said,
Council should not speak as if they would abet the Guilt of their Clients rather than advocate for their Innocency.
And since your ingenious Correspondent has clearly evinced, that the Truth of a Libel cannot be given in Evidence, that it is no Justification, on the general Issue, and consequently no proper Defence to a Charge of that Nature; (of all which Mr.
Hamilton
could not, or ought not to have been ignorant,) it is worthy of Consideration whether he did not involve himself in his Client's Crime, and partake of his Cuilt, by declaring in the most publick Manner, that the Facts published in the News-Papers, and contained in the Information, were true, and offering to prove them to be so before a Court which had no Power to redress the Grievances complain'd of, 4
Co.
14.
Hob.
166,7.
Sir
Bartholomew Shower
, I remember in his Argument in the Case of the
King
against
Berchet & al.
asserts, that
"in all Cases of Contempts to a Court, no Presentment is necessary, no not so much as to convict; for if done
in Facie Curiæ
, a Record may be made of it, and a Punishment judicially inflicted, and that executed immediately
,
Show. Rep.
110. And agreeable hereto, we find that in a late Case of the
King
against
Thorogood, Trin. 9 Geor. primi
, the Defendant having made an Affidavit in
C.B.
and appearing on Summons, confess'd that he made it, and that it was false; whereupon the Court recorded his Confession, and ordered that he should be taken into Custody and stand in the Pillory,
&c.
which was executed accordingly the last day of the Term.
Mod. Ca. in Law & Eq.
179, 180. This is the more remarkable, because it was in the Court of Common-Pleas, which has ordinarily no Jurisdiction in the Criminal Cases. May it not from hence be inferr'd (I hint it with a due saving to all the just Privileges of the Bar) that the Court at
New-York
might well have recorded some of the most seditious Expressions in Mr.
Hamilton
's Rhapsody, and committed him for the same,
&c.
? If they had, I doubt the Blame must have center'd in himself, and his own Conduct; of which therefore he might then have had leisure to repent, as well as of his
long Journey
to so ill a Purpose.
But it will not be amiss perhaps for Example sake, to give an Instance of what has been done on the like Occasion with that before us; and to this End I shall cite a Case in the Court of King's Bench many Years after that of the Star-Chamber was at an end, and which the Words of Sir
Thomas Raymond
was as followeth;
"
Memorandum, June
18. 1680, Mr.
Nathaniel Reading
having been convicted (before Justices of Oyer and Terminer by virtue of a Special Commission) for endeavouring to persuade
Bedlow
, who was a Witness against the Noblemen imprison'd in the Tower of
London
, to forbear his Prosecution of them; and he the said Mr.
Reading
having had Judgment executed upon him by being set in the Pillory, and fin'd 1000
l.
and imprison'd for the same, but his Fine since pardon'd by the King, came this day into Court, and demanded that an Information which he there brought in his Hand might be received by Mr.
Astrey
against the Commissioners who condemn'd him, of which my Brother
Jones
and Brother
Dolben
were two, and that the Information may be filed. But the Court did declare that he was in the wrong way to exhibit any Information in this manner, and did cause his Words, whereby he did accuse the two Judges of Oppression, to be recorded; and for these Words, and for that he was infamous by having been on the Pillory, the Gentlemen at the Bar did pray that his Gown might be pull'd over his Ears, he having been formerly a Practiser at the Bar, which was ordered and executed in Court; and he was also condemn'd in Court to pay the King 500
l
, and to lie in Prison till he paid it,
Raym. Rep.
376"
The Trial of this Gentleman referr'd to here, may be seen in the State Trials, vol. 2 p. 253. on which Occasion the Lord Chief-Justice
North
made a Speech aggravating the Defendant's Offence
as he was a Council, one who ought to be a Man of Knowledge, and a Minister of Justice to assist the Court wherein he pleaded
. He said
he thought the Court ought to shew a more than ordinary Severity against such an one; and that 'tis a great Credit and Benefit to the Profession, that the Members of it for such Offences should be dealt with more Severity than we should deal in other Cases.
Id. p. 374, 5. Far be it from me to make any invidious Comparison here betwixt the present Practiser in
Pensilvania
and the
quondam
one in
Westminster-Hall
, tho' they are both celebrated, the one in the Trial of Mr.
Zenger
, and the other in his own. It may however be noted that the latter was said to be
artful, and affectedly eloquent
, and to have
strove to lead the Judges out of the Way
, while he was told by the Chief-Justice that his
Defence was artificial, because it was nothing to the purpose
; and by another of the Judges, that
he disgrac'd his Profession by making so weak a Defence
. But without adverting to any
particular
Beauties in the
modern Performance
, this is certain that Counsellor
Reading
lost the Bar-Gown by his
Art
, and Counsellor
Hamilton
got a Gold-Box of five Ounces, with the Freedom of the City of
New-York
by
his
. A pregnant Instance of the Capriciousness of Fate, and of the Justness of your late Correspondent's Observation at the Entrance to his excellent Remarks!
The Gentlemen of the Bar (as indeed it might well be expected from their Education, and the Nature of their Business) have been remarkable for observing the Regard that is due to all in Authority with the utmost Delicacy; and in Return, have always been us'd with suitable Respect. But that the Lawyer of
Philadelphia
may see the Courts of Justice in former Ages, as well as of late Years, did not spare the unruly Members of the Profession, any more than others, for much less faulty Behaviour than that of the leading Councel in
Zenger
's Trial, I will refer him to a Case which happen'd
Mich.
13
Eliz. Rot.
39, when
Henry Blaundford
a Counsellor at Law was committed to the
Fleet
, and fin'd for falsly reporting the Opinion of the Lord
Leicester
, and Secretary
Cecil
with these Words,
Humanum est errare
. And that even Noblemen met with the like Treatment, on such Occasions, will appear from the Case of the Lord
Stourton
, who, 19
Hen.
VIII. was committed by the Court, and fin'd for saying these Words,
I am sorry to see Rhetorick rule where Law should.
Before I proceed, I will mention one Case more, purely to shew how dangerous it is to afford any unlawful Helps to Persons on their Trials in Criminal Prosecutions, even tho' it be merly by way of private Instructions, when such Instructions are to be publickly made use of, and import Scandal to the Government. It is the Case of the
King
against
Aaron Smith, Mich.
35
Car.
2. in
B.R.
"This Term
(
says the Book which has the Allowance of all the Judges)
Aaron Smith
was brought into Court, being formerly convicted on a Trial at Bar for delivering to
Stephen College
, being upon his Trial at
Oxford
for High Treason, a Paper of Instructions, full of scandalous Reflections upon the King and Government; as that they might as well have hang'd him at
Tyburn
as he came by, as brought him thither, only to murder him with a little more Formality. For which the Court gave Judgment that he should pay a Fine of 500
l.
stand upon the Pillory twice, and be of the good Behaviour for a Twelvemonth,
Skin Rep. 124.
I shall only observe this Case was upon an
Information
, so much inveigh'd against by
Zenger
's Councel, and yet I never heard it censur'd at all, as was that of poor
College
, I own, with too good Reason.
It is now time to take notice, that there is, amidst a heap of Jargon and Absurdities, one obvious Mistake which runs throughout Mr.
Hamilton
's ostentatious Harangue, and that is in Relation to the Court of Star-Chamber. He wou'd suggest that because that Court was abolished by Act of Parliament, on account of some insufferable Abuses that had crept into it, all the Cases that had been adjudged there, on Informations for Libels, were consequently of no Authority. Whereas the Judgments given there, in Matters properly cognizable before them, which Libelling especially was, are allowed to be good Law at this Day, and are constantly quoted, as such, in the Court of King's Bench. Indeed it is said that the Reasons of disallowing the Star-Chamber-Court, was because their Authority was before and now is in
B.R.
and consequently that Court unnecessary,
Comb.
36. So the Lord Chief Justice
Holt
declared that
B.
R. possest all the Lawful Power the Star-Chamber had,
Id.
142. And that the Court of Star-Chamber was taken away, because the Crimes were punishable here, 5.
Mod.
464; which is likewise intimated by the Statute itself. Now tho' I am as well satisfied, perhaps, with the taking away of the Court of Star-Chamber, considering the Occasion that had been given, as our Northern Barrister can possibly be, and shou'd equally rejoyce, I hope, at the redressing any other publick Grievance; yet I cannot, with him, condemn by the Lump, and argue that because that Court did somethings amiss, therefore it did nothing right. At this rate, every Court that had or has a Being may be in Danger of the same Epithets he loves to bestow on that we are speaking of; and it may as well be suppos'd that because a certain Set of Citizens not unknown to Mr.
Hamilton
, lately did a very
silly
thing, they therefore never did a
wise
one. For which Reason I presume it will not be altogether impertinent to produce the Sentiments of that Oracle of the Law, Sir
Edward Coke
, concerning the Court of Star-Chamber.
"It is (
says he
) the most Honourable Court, our Parliament excepted, that is in the Christian World, both in Respect of the Judges, and of their Honourable Proceedings according to their just Jurisdiction, and the ancient and just Orders of the Court. For the Judges of the same are, the Grandees of the Realm, the Lord Chancellor, the Lord Treasurer, the Lord President of the King's Council, the Lord Privy Seal, all the Lords Spiritual and Temporal, and others of the King's most Honourable Privy Council, and the Principal Judges of the Realm, and such other Lords of Parliament as the King shall name. And they Judge upon Confession, or Deposition of Witnesses. And the Court cannot sit for hearing of Causes under the Number of eight at the least. And it is truy said,
Curia Cameræ Stellatæ, si vetustatem spectemus, est antiquissima, si dignitatem, honoratissima
. This Court, the Right Institution and ancient Orders thereof being observed, doth keep all
England
in quiet."
4th.
Inst. p.
64.
Conformable hereto, a late learned Writer who was advanced to the highest Post in the Law in a Neigbouring Kingdom to that of our Mother Country, and wherein he dy'd, has a Paragraph, which I believe will give us a truer Account of the Court it self, and the Abolishment of it than what is to be learnt from our Barrister's Speech at
New-York
, and therefore I will insert it here.
Disc. concerning Treasons and Bills of Attaind.
p. 94.
Printed
Anno
1716.
"The Court of Star-Chamber whilst kept within due Bounds, was certainly of the greatest use to preserve the Peace and Security of the Kingdom; and perhaps was the only Court which by its
ordinary and proper
Jurisdiction, cou'd effectually prevent and punish Riots, Perjuries and other Misdemeanors of the highest Nature. But being made use of by the Court to support Proclamations and Orders of State, and to vindicate illegal Commissions and Monopolies, that Extension of their Power became a Grievance insupportable, and the Nation was never easy till that Court was entirely suppress'd by Act of Parliament.
The House of Commons
were so eager in their Zeal to destroy what they call'd
a Court of Inquisition
, that tho' the Bill was of so great Consequence, yet they sent it up to the Lords, with only once reading it, and without its being ever committed, which was a Thing, perhaps never before heard of in Parliament.
Cla. V.
1. 223.
I need only add on this Head that the Crime of
Libelling
is the same now, as it was while the Court of the Star-Chamber subsisted, and the Nature of the Offence the same then, as now; a Crime that must necessarily be punished as long as there are States and Communities established in the World. And our assuming Barrister will not find an Author that treats of the Crown Law since the Statute of 16
Cha.
I
Ch.
10. any more than before, but makes use of the Cases adjudged in the Star-Chamber generally as good Law, and of equal Authority in those Matters with such as were afterwards adjudged in the King's Bench. Some indeed are justly liable to Exception in the former, as we have also known too many in the latter, particularly during the next succeeding Reign of
Ch.
II. none whereof are, however, God be praised, to be met with, or heard of since the glorious and happy Revolution in 1688, which I trust has for ever excluded all Partiality and Oppression from
Westminster-Hall
.
But the learned Lawyer of
Philadelphia
declares, that
he has not in all his reading met with an Authority that says we cannot be admitted to give the Truth in Evidence upon an Information for a Libel
. I don't know what this Gentleman's reading may be; but if he had read some of the Cases above-mentioned which could not well escape him, it might reasonably have been expected he would have taken Warning, been a little more cautious, and not have ventur'd to incur the Penalties which others before him had so justly suffer'd. By
all his Reading
, he would insinuate, I suppose, that he had
read all
; and if that were true, it might well be thought he had read to very little Purpose, who could make so ill an Use of it, or think it a
Duty on him to go to the utmost Parts of the Land
, to propagate Doctrines and Principles diametrically opposite to, and just the Reverse of what he must have read. We shall soon discover that the Barrister's Reading is not quite so extensive as he would have it imagin'd. But it is previously to be ovserved, that if there were no such Authority
in terminis
as
that
he calls for, a Man who reads with any tolerable Understanding would of course infer the same Thing, when all the Books of the Subject of Libels lay it down as a Rule, which they unanimously do,
that it is not material whether the Libel be true or false
. For if that be not material, to what End should the Truth be offer'd in Evidence? Or, how should it be rejected before it was offer'd which undoubtedly is the Reason that there have been no late Instances of that Sort. It might suffice therefore to undertake as often as this wellread Lawyer produced a Precedent of its being demanded from the Bar to give Evidence of the Truth of a Libel, to shew that it was as often deny'd by the Court. And tho' I admit it has been attempted before, on Trials for Libels of the less enormous Kinds, yet he is probably the only one that has done it in any Case within these hundred Years. However, if we would find an Instance of that Sort, we must necessarily have Recourse to the Proceedings of the Court where that Crime was usually punished. The
Star-Chamber Reports
then may satisfy Mr.
Hamilton
, that
Term Pasc.
7.
Car.
I. there was the Case of
Coston
, Gent. v.
Hitcham Mil. Servient.
ad legem
, as follows.
"The Defendent, the Morning before he went to the Sessions, being a Justice of the Peace, received scandalous and libellous Articles against the Plaintiff, carry'd them to the Sessions in his Pocket, and in open Court, in disgrace of the Plaintiff, pull'd them out and said, you shall see what a lewd Fellow this is, and not fit to speak in this Place, and then caus'd the said libellous Articles to be read in the publick Sessions. And the Plaintiff then desiring a Copy of them, and to be tried upon them, the Witnesses to prove them being noted in the Margin, the Defendant did not suffer him to have a Copy, or to be tried thereupon, nor took any Course that he might at the next Sessions or at any Time after be questioned for them, but took the Articles again out of the Sessions and carried them away. And after, further to disgrace the Plaintiff in his Practice (being an Attorney) sent the said Articles to Mr. Justice
Harvey
, at the Reference of a Cause to him, which
Coston
attended; and a Jury having given a Verdict against the Defendant, he sent for the Jurors and question'd them about their Verdict, and told them they were a Company of Fools, and that if there had been but one wise Man among them their Verdict had not been so. And for these Offences he was committed to the
Fleet
and fined 200
l.
In this Cause the Defendant would have had Witnesses to prove the Matter of the said scandalous Articles to be true, but that was disallowed by the Court.
Rush. Col. vol.
3.
p.
36.
in Append.
"
This I presume the Barrister, when he is serious, will alow to be in Point, tho' it happen'd not to fall in the way of his Reading. He cannot object surely, that it does not appear to be on an Information preferr'd by the Attorney General, since it is a much stronger Case than if it had. For if the Court would not receive such Evidence in a Cause depending on the Complaint of a petty Sollicitor for being libell'd, and this too preferr'd against a Justice of Peace, a Knight, and a Serjeant at Law;
a fortiori
, they would never admit it on an Information exhibited by his Majesty's Attorney General, against a private Person for libelling the Government.
There was also as I have learnt divers Years before, viz.
Mich.
2
Jac.
the Case of
Peter Brereton
Clerk, for writing a scandalous Letter to
Loyd
Register of the Bishop of
St. Asaph
, and sent to himself, who was therein charg'd with Bribery and Extortion in his Office; for which libellous Letter the Defendant was sentenc'd, tho' as the Book has it,
he would have undertaken to prove the Contents of the Letter to be true
. Here then are two Precedents of what the Barrister himself had never met with in all his Reading; the one in a Case for libelling a practising Attorney, and the other of the Register of a Bishop's Court; but I believe I may defy this Gentleman, if he were to read as many more Years as he has done, to produce a
third
, where the Offence under Prosecution, being of the highest Degree, and levell'd at the Government, like that for which he was so zealous an Advocate, the Council for the Defendant dar'd to offer Evidence of the truth of it. On the contrary, if he had dipt into the Lord Chief Justice
Keelyng's
Reports, fol. 23 (before he left his Chambers) he would have there found it resolved by the whole Court, that
tho' a Counsellor at Law may plead his Client's Cause against the King, yet if under Colour of that, he takes upon him to vent Sedition, he is to be punished.
It is no wonder indeed if our Barrister should be unapprized of
Brereton
's Case, it not being (at least to my knowledge) in Print; and you perceive I was under no necessity of mentioning it, being before provided with an Authority to my purpose. But it is reported as above in
Part
2.
Consid.
12.
Sir
Thomas Mallet's
MS. Treatise of the Court of Star-Chamber, a Copy whereof has fallen into my Hands by the favour of a Friend. And since I have named this Work, I shall with his leave, take a Paragraph out of it, which I am persuaded will not be deemed unsuitable to the present Debate, after hinting that the Book seems to be wrote in the time of
James
I. when the Doctrine now revived, and so tenaciously advanced by Mr.
Hamilton
is said to have been
long before exploded as a gross Error
. <
"There are
(
says Sir Thomas
)
two gross Errors crept into the World concerning Libels; the one, that it is no Libel if the Party put his hand unto it, and the other that it is not a Libel if it be true; both which have been long since exploded out of this Court. For the first, the Cause why the Law punisheth libels, is for that they tend to raise the Breach of the Peace, which may as well be done, and more easily when the Hand is subscribed, than when it is not. And for the other, it hath been ever agreed, that it is not the Matter but the Manner which is punishable. For libelling against a common Strumpet is as great an Offence, as against an honest Woman, and perhaps more dangerous to the Breach of the Peace; for as the Woman said, she should never grieve to be told of her red Nose if she had not one indeed. Neither is it a Ground to examine the Truth or Falsehood of a Libel, because it is
sub Judice
, whether it be a Libel or not; for that takes away
Subjectum Quæstionis,
and determines it to be no Libel by admitting the Defendant to prove the Truth, and the Defendant in that Case ought to plead a Justification and Demur in Law. But if he plead not Guilty, the Question is gone whether it be a Libel or not."
Thus according to this Author's Opinion, who, if I mistake not, was one of the Justices of the Court of King's Bench in his Time, Mr.
Hamilton
, cou'd he really have persuaded himself that the Matter charged in the Information were not Libellous, as he
insists they are not
, wou'd have discovered more Accuracy in his Profession, as well as Candour in his Practice, by advising his Client to
Demur
to it, whereby he wou'd have admitted no more than what was avowed at the Trial on the general Issue. Then indeed it would have fairly come before the Court to be considered whether the Papers were libellous or not, and he as Council for the Defendant might regularly have been heard to it.
He wou'd then have been at liberty to exert his uncommon Talents, manifest his extraordinary Reading, his superiour Genius and great Skill in Language, and in explain ing the true import of Words, without so directly flying in the Face of every Authority, and opposing all the Cases that ever were adjudged concerning
Libels
before he was born and since. But alas! That would not have answered the Intention of our eloquent Barrister. He would not then have had it in his power to use his Arts, and play his Game with a dozen honest men of as good natural understandings perhaps, tho' not of equal Experience and Cunning with himself. If he had gone that way to work, he would have had no chance for the Prize. Vain had been his Expedition, and lost, entirely lost, all his Labour. In a word, if the Learning and Integrity of the Bar only were required, he might as well have stayed at home, where, if I am rightly inform'd, there are Instances in abundance of the blessed effects of Mr.
Hamilton's well-known Principles
.
This sagacious Gentleman
begs leave to observe, that Informations for Libels is a Child, if not born, yet nursed up and brought to full Maturity in the Court of Star-Chamber
: But what is particularly to be inferr'd from this shrewd Observation, he does not at present tell us. If the Star-Chamber was the Court where Crimes of this Nature were generally punished, according to its ordinary and proper Jurisdiction, as it certainly was, how should it be otherwise than that Informations for Libels must be met with there? And considering the Antiquity of that Court, 'tis more than probable the Crime was first prosectuted and punished in it. But what then? Is the Legitimacy of the Child (if I may be allowed to carry on the Metaphor) therefore to be called in question? Or its Education the less honourable? I might put our witty Barrister in mind, that what I have mention'd is the very Reason why the
spurious Brat
he is so fond of, which was never brought to full Maturity, nor ever will, first appeared in the Star-Chamber, tho' it has not been heard of since in any other Court till very lately at
New-York
; I mean that of making Falshood to be essential to a Libel, and claiming a Right to give Evidence of the Truth of it by way of Justification.
He must however intend by the foregoing Passage to impeach the Legality of Informations
qua
such (which by some Words that drop from him many Pages after, would seem to be what he aims at) or as they relate only to
Libels
; and in either Case he will again betray the Scantiness of his Reading and Knowledge in the Law. As to Informations in general, it has been incontestably prov'd that this Method of Proceeding is
no way contrarient to any fundamental Rule of Law, but agreeable to it
. That it was the
constant Usage, and had the Approbation of the Judges and Lawyers of all Ages, and in all Reigns
, Show. Rep. 106, to 125. And in the Case of the Information against Seventy poor Persons for a Riot in pulling down Fences,
&c.
2
W. & M.
(which probably may be the same) it was said by Lord Chief Justice
Holt
, that
"the Lord Chief Justice
Hales
complain'd of the Abuse of Informations, but not that they were unlawful; ----- That he shou'd not come now and impeach the Judgment of all his Predecessors; ----- That the Star-Chamber was not set up by the Statute of
Hen.
7. but was as Common-Law, and Informations were accordingly brought in that Court and others. And the whole Court were of Opinion that Informations lay at common Law, 5
Mod.
463,4."
Now this I take to be as good an Authority as the extrajudicial Opinions of those anonymous
Great Men
who Mr.
Hamilton
says,
have boldly asserted that the mode of Prosecution by Information is a National Grievance and greatly inconsistent with the Freedom which the Subjects of
England
enjoy in most other Cases
; nor can one forbear observing,
en passant
, that he seems much more dispos'd, where there is no Danger at least, to follow the Example of
bold
than of
wise
and
judicious
Men.
This then being a Legal Course of Proceeding in Criminal Cases, and for all publick Offences, it must undeniably be as proper in the Case of Libels as in any others. And Sir
B. Shower
in reckoning up the several Crimes that were cognizable in the Court of
Star-Chamber
, includes
Libels
a mong the rest, for which he says,
There were always Informations in the Star-Chamber and King's-Bench
. Show. 119. I am the more free in borrowing what I do from that eminent Practiser, on the Subject of Informations, because he had studied it well, and taken more than usual Pains therein; and as the Judgment afterwards given by the Court of King's Bench was pursuant thereto, so it seems to have put a Period in
Westminster-Hall
, to all Cavils against that
Mode of Prosecution
.
If the Barister means notwithstanding to suggest moreover, that Informations for Libels are but of modern Date, or little longer Standing than about the Time of the Expiration of that Court, where he supposes they had their Origine, let him be further refuted by the above mentioned Sir
Thomas Mallet
, who wrote professedly on the Court of
Star-Chamber
, and may be supposed to be pretty well acquainted with his Subject. He tells us, that
Treatise of the Court of Star-Chamber
,
ubi supra
.
"In all Ages Libels have been severely punished in this Court, but most specially when they began to grow frequent about 42 and 43
Eliz.
when Sir
Edward Coke
was her Attorney General."
And, treating of the Antiquity of that Court, he makes it very probably, that
Id. I
Part
, 4th
Consid.
It was the most ancient of any Court of Justice, and the Mother-Court of the Kingdom
; wherein he does not differ from Sir
Edward
himself, in his 4th
Inst.
64, already quoted. Now 'twas while this consummate Lawyer, it seems, was Attorney General to the renowned Queen
Elizabeth
, that Informations for Libels began to be most frequent, or in Mr.
Hamilton
's elegant Stile, when
the Child was brought to full Maturity
: And it is readily submitted to all who are vers'd in our History and Constitution, whether that Period will be any Disparagement to the Offspring.
But if Informations for Libels in particular were one of the Grievances of that Court, nay the chief, as the Barrister would labour to make his Hearers believe, how came they to be practis'd after the Abolishment of it? Or what will he say to the Case of the
King
against
Darby
, which was an Information exhibited against the Defendant, being an Attorney of the Common-Pleas, for
defamatory Words
only of Sir
John Kay
a Justice of Peace
concerning
the Exercise of his Office? The Words were, as they are set forth in
Comb.
65.
Sir
John Kay
is a Buffle-headed Fellow
, (a pretty Thing to be proved in Court!)
understands not Law, and is not fit to discourse it with me; he hath not done Justice to my Client
. There it was argued for the Defendant on a Demurrer, (and I chuse to recite it because of the Concessions of his Council against our Northern Advocate,)
"That an Information would not lie for scandalous Words spoken only of a particular Person, because he might have an Action on the Case to recompence him in Damages. 'Tis true, such a Proceeding might be warranted for Libels, or for dispersing defamatory Letters, because by such Means the publick Peace might be disturbed, and Discords fomented amongst Neighbours, which might at last be a publick Injury: But there is no such Thing alledged in this Case, only Words in common Discourse, for which an Action on the Case might lie, but no Information. On the other Side it was insisted, That this Information was founded on sufficient Matter, because the Prosecution is not only as it respects the Person of Sir
John Kay
, but it relates to him as he is a publick Magistrate, and who is subordinate to the Government, and therefore such defamatory Words are a Reproach to the supreme Governor, by whom Magistrates are intrusted, and from whom they derive their Authority; and it will not be deny'd, but that Words reflecting on the publisck Government are punishable at the Suit of the King by an Information. ----- And for this reason the Court held that an Information would lie, and thereupon gave Judgment against the Defendant, and fined him an Hundred Marks.
Carth.
14, 15.
Mr.
Hamilton
, who would seem to be more knowing than his Neighbours in many Things, affects to be more ignorant than every body, of what constitutes a
Libel
; and therefore altho' he pretends
freely to acknowledge there are such Things as Libels
, yet he
insists at the same Time that what his Client is charged with, is not one
; and if it be not, I will as freely acknowledge there can be no such Thing. He desires the Attorney-General
to favour them with some Standard Definition of a Libel, by which it may be certainly known whether a Writing be a Libel, yea or not.
And what is this for? Why truly to
shorten the Dispute
. But what Dispute does he speak of? The only Point that could admit of Dispute had been
given up
before by his confessing the Matters in Issue, and the Prosecutors Witnesses being thereupon discharged. As to what he requires, either there was such a Definition to be met with in the Books, or there was not: if there was, he ought to have known it; if there was not, why should he desire Mr. Attorney to
favour
him with one? Yet after he had been indulged beyond measure, and a Definition was produced from a good Author, who besides refers to several others that are unquestionable, all which conclude against his Client; is this loquacious Advocate contented? No.
There are two Words to that bargain
, as he had said before. He makes it a Foundation for further Disputes, and according to his wonted Ingenuity and Candour throughout his
Reverie
calls the concurrent Sense of our Books, Mr.
Attorney's Rule
, and Mr.
Attorney's Doctrine
.
"But what certain Standard-Rule
,
quoth he
,
have the Books laid down, by which we can certainly know whether the Words are malicious? Whether they are defamatory? Whether they tend to a Breach of the Peace? and are a sufficient Ground to provoke a Man, his Family or Friends to Acts of Revenge?
&c.
" Now these Queries methinks do not so well become the Mouth of an Acvocate, as they might that of his Client when abandoned to his own Defence in a desperate Cause. But I answer, no Rules certainly can be of Use to those who are determined to act without any, or in Opposition to all Rules, in which Class our Northern Barrister must be placed, if we are to frame a Judgment of him from the Share he bore in this Trial. The Rule laid down in our Books concerning
Libels
(I speak of Libels in the strict Sense according to the Definition of Mr. Serjeant
Hawkins
referred to in the Trial, and which alone concerns the present Case) is founded on the Reason of the thing; and is the same which is to be observed in other Matters that depend upon the Construction of Words and Writings, which are Signs only, or Images of Ideas intended to be conveyed to the Understandings of the Reader. There may indeed, be divers Rules applied according to the Circumstances of the Case; and this among the rest, that where Words are capable of two Senses, the one faulty, the other innocent; the latter is to be taken, provided such a Construction may be made without violence to their natural Import and Meaning. From whence it will follow, that the same Cases may happen that are doubtful, and do not come under any Standard-Rule, on all which Occasions honest and upright Judges will incline to the favourable side: There may be others again so clear and evident, that a Man must resign his Reason, or resolve to sacrifice his Conscience that does not discern, or will not allow them to be Libellous. But in none of these Cases can it come properly to be a Question before the Jury, whether a libel or not, on the Plea of not Guilty, tho' it might afterwards be so, before the Court in Arrest of Judgment. By what has been said, there appears to be Latitude enough for a skilful Pen, (who notwithstanding must do it at his Peril) to lash publick and private Vices, to caution the People against Measures that may be hurtful to them, or to remonstrate against the evil Practices even of those in Power, without being always exposed to the Penalties of the Law. Such a Liberty of Writing and Printing, under due Restriction, I own
Englishmen
ought not, and I hope never will be deprived of; and where this is dextrously done, it would be rediculous for private Persons to put the Cap on their own Heads, and no less impolitick for those in high Stations to apply every thing to their Administration. When such a Work is undertaken by able Hands, and with a generous View of serving the Publick, it is always laudable, and often very useful; but to succeed herein, requires a Capacity and Talents not to be discovered in Mr.
Zenger
's News-Papers, or his
Council
's Speech.
I perceive my Letter is unawares run to a great Length, by the Quotations that are interspers'd, and which yet I am sensible is the least Exceptionable part of it. I shall therefore take notice but of one thing more in this matchless Harangue, which indeed ought not to be forgot because it is made the Basis and Foundation of the whole; and that is concerning the
Right of Freemen to complain when they are hurt
. This our Lawyer often asserts in general Terms, with some Variation only of the Expression. As to which, I wou'd ask whether by it he means a Right to remonstrate and complain in a Legal way, or a Right in all Cases to appeal to the People by seditious and scandalous Libels? If the former, no body ever deny'd it, and what he said was not
ad idem
; so that he was fighting with the Air, and quarrelling without an Adversary: If the latter, he dishonour'd his Gown by advancing what is notoriously repugnant to all Laws human and divine. It was rul'd in the Court of
B. R. Trin. 16 Car.
That altho' a Bill be prefer'd in the Star-Chamber against a Judge for Corruption, or any other for any great Misdemeanor, yet if the Plaintiff will tell the Effect of his Bill in a Tavern, or any open Place, and by that means scandalize the Defendant, the same is punishable in another Court.
March Rep.
76, 77. So in the Case of
Hole
and
Mellers
, 28
Eliz.
in
C. B.
it was said by the Court, that altho' the Queen is the Head and Fountain of Justice, and therefore it is lawful for all her Subjects to resort unto her
ad faciendam Querimoniam
, yet if a Subject, after the Bill once exhibited, will divulge the Matter therein comprehended, to the Disgrace and Discredit of the Person intended, it is good Cause of Action, 3
Leon.
138. And to the same Purpose, in a much later Case,
viz.
that of
Lake
and
King
, reported in many of our Books, to which Mr. Serjeant
Hawkins
refers, it seems agreed, as he observes, that whoever delivers a Paper full of Reflections on any Person in Nature of a Petition to a Committee of Parliament, to any other Person except the Members of Parliament, may be punished as the Publisher of a Libel, in respect of such a dispersing thereof among those who have nothing to do with it. I
Hawk. Chap.
74.
Sect.
12.
But our forward Barrister,
aged and infirm
as he represents himself (which compar'd with the Conduct is the keenest Satyr that could be suggested of him) ought to be further instructed, that even where Complaints are to the King himself, they must be made in a proper and regular Manner, a Decency is to be observ'd, and a Regard always had to the Characters, and Stations of the Persons against whom such Complaints are made. In 13
R.
II.
Rot. Parliament.
No. 45, the Commons desir'd they might not be troubled for any Matter that should be contained in Petitions to the King; and the King answer'd, let every Man complain, so it be with Law and Reason.
It is lawful therefore
, no doubt, as it has been resolv'd,
for any Subject to petition to the King for Redress, in an humble and modest Manner, where he finds himself aggrieved by a Sentence of Judgment; for Access to the Sovereign must not be shut up in Case of the Subjects Distresses. But on the other side, it is not permitted under Colour of a Petition and Refuge to the King, to rail upon the Judge or his Sentence, and to make himself Judge in his own Cause by prejudging it before a Rehearing.
Hob. 220. Yet Sir
Rowland Flaxing
was committed and deeply fined for reporting to the King, that he could have no Indifferency before the Lords of the Council. 7
Feb.
18
Hen.
8. So likewise in the Time of
Hen.
7 Sir
Richard Terrets
was committed, fined, sent to the Pillory, and adjudged to lose both his Ears, for his slanderous Complaint exhibited to the King in a written Book against the Chief Justice
Fitz-James
. Which Cases are cited by Chief Justice
Montague
, in the Case of
Wraynham
, (who was severely punished for an Offence of the same Nature) as reported in the Collections relating to the Life of Lord
Verulam
, P. 22. To these may be added,
Jeffe
's Case in the Kings-Bench,
Mich.
5 Car.
Jeffe
was indicted, for exhibiting an infamous Libel directed to the King against Sir
Edward Coke
, late Chief Justice of the King's-Bench, and against the said Court, for a Judgment given in the said Court in the Case of
Magdalen-College
, affirming the said Judgment to be Treason, and calling him therein Traitor, perjur'd Judge, and scandalizing all the Professors of the Law. He fixed this Libel upon the great Gate at the Entrance of
Westminster-Hall
, and in divers other Places; and being hereupon arraigned, prayed that Counsel might be assign'd him, which was granted; and he had them, but would not be ruled to plead as they advised, but put in a scandalous Plea; and insisting upon it, affirmed he would not plead otherwise. Whereupon it was adjudged he should be committed to the Marshal, and that he should stand upon the Pillory at
Westminster
and
Cheapside
, with a Paper mentioning the Offence, and with such a Paper be brought to all the Courts of
Westminster
, and be continued in Prison, until he made his Submission in every Court, and that he should be bound with Sureties to be of good Behaviour during his Life, and pay a thousand Pounds Fine to the King.
Cro. Car.
175, 6.
What now shall we say, or what must be thought of one who, while he pretends to great Reading and a thorow Knowledge of these Things, could yet in the Face of a Court, and in Defiance of its Authority, and indeed of all Authority, presume to justify the Publication of the most audacious Libels against that very Government under which he was breathing the Sedition! A Person, who, as a Counsellor at Law, boasting at the same time of
having seen the Practice in very great Courts
, would dare to call such Publication, address'd to the People,
The just Complaints of a Number of Men who suffer under a bad Administration!
Some of the Words charged in the Information, and which Mr.
Hamilton
offer'd to prove, are,
That the Law was at an end
. I can't tell what Proof he had to give of this Fact, but surely if his Doctrine were to prevail, it must soon be the Case; and for my own Part, I will confess, I have not hitherto heard of any Thing in that Province, which look'd so much like it, as that such a Behaviour should not only go unpunish'd, but be attended with publick Munificence and Applause. The Truth is, this Gentleman, tho' stil'd a Barrister at Law in the Order of the Common Council of the City of
New-York
, and which Title therefore I have likewise given him, seems notwithstanding, instead of maintaining that Character, in the Trial before us, to be rather possess'd with a Fit of
Knight Errantry
, and to have sally'd out from
Philadelphia
to the other Province, with a full Resolution to encounter every thing that was Law, and to level all to the Ground that stood in his Way. Let the Reader then be Judge upon the whole, whether he comes within the Description of that
mischievous Animal
I mentioned towards the Beginning of these Sheets.
After all, I flatter my self it will not be imagined, that I was stimulated to these hasty Animadversions by a Principle of Envy to Mr.
Hamilton
, or any Disrespect to those who were pleased to patronize his Performance, since they are utter Strangers to me, and probably will ever remain so. On the contrary, they may believe me, when I declare, that if the one had really merited what the others were of Opinion he did, I should with much more Pleasure have signify'd my Approbation of the Conduct of both, than I now take in shewing my Dislike. 'Tis on this score, Sir, that I cannot conclude, without publickly returning my Share of the Thanks that are due from the
Fraternity
to your Friend, the polite Author of the former Letter, who has done Justice to the
Bar
by his
Remarks
, which in my humble Apprehension, are worthy of any Gentleman
at it
, either here or elsewhere.
I am Yours
, &c.
INDUS BRITANNICUS
.
FINIS.
A true and exact RELATION of the Marchings of the
Two Regiments of the Trained Bands of the City of
London
, Being the Red & blew Regiments,
As also
Of the three Regiments of the Auxiliary forces, the
Blew, Red
, and
Orange
, who marched forth for the reliefe of the City of Glocester from
August
23. to
Sept.
28.
Wherein the most materiall passages of every dayes Marchings are briefly delineated. As also a true description of the severall battells and Skirmishes had against the Enemy at Stow the old Sept. 4. at Aburne Chase September 18. and at Newbery Septem. 20. Set forth for the satisfaction of many who earnestly desired information herein,
By
Henry Foster, quondam
Serjeant to Cap.
George Mosse
.
This is licensed and entred into the Hall book
.
Exod. 15.6,7.
Thy right hand, O Lord, is become glorious in power; thy right hand, O Lord; hath dashed in peeces the enemy. And in the greatnesse of thine excellency thou hast overthrowne them that rose up against thee; thou didst send forth thy wrath, which consumed them as stubble
.
London
, Printed for
Ben. Allen
in Popes-head-Alley,
Octo.
2. 1643.
A TRUE RELATION OF THE Diurnall Marchings of the Red and Blew Regiments of the Trained Bands of the City of
London
, as also the three Regiments of the Auxiliary Forces. Wherein the most materiall passages of every dayes Occurrences are briefly delineated.
VPon
Wednesday
the 23 of
August
, our red Regiment, of the Train'd Bands marched into the new Artillery ground, and from thence that night wee marched to
Brainford
, and came thither about one a clocke in the morning; from whence the next day many of our Citizens, who seemed very forward and willing at the first to march with us, yet upon some pretences and faire excuses returned home againe hiring others to goe in their roome; others returned home againe the same night before they came to
Brainford
.
Upon Friday the 25 of
August
, wee advanced from
Brainford
to
Vxbridge
, where our Regiments were Quartered there that night, and marched away the next morning.
Saterday the 26 of
August
we advanced to a Towne 6 miles beyond
Vxbridge
called
Chaffan
, where wee were quartered that night; at this towne a souldier belonging to Lievtenant Colonell
Tompson
was accidentally slaine by shooting off a musket by one of his fellow Souldiers though at a great distance from him, yet shot him in the head whereof hee died.
Sabbath day 27
August
, we advanced from Chaffan neere to a village called Chessun; this day the Blew Regiment of the Trained Bands, and the three Regiments of the Auxiliary forces met us upon a great Common about three miles from Chessun, our whole Regiment was quartered at one Mr. Cheyneys house an Esquire, where we were well accommodated for Beere having great plenty, tow or three hundred of us this night lay in one Barne.
Monday the 28 of
August
, we advanced from thence to a towne called
Asson-Clinton
a little village 3 miles from
Alesbury
, wee continued here one day and two nights.
Wednesday the 30 of
August
, wee advanced from thence to a village called Clayden; this day the Lord Generalls Army and our Regiments of the Trained Band, together with the Auxiliarie forces met at
Alesbury
; the great Guns were fired at every Fort about the Towne, as the Lord Generall passed by: This was the Fast day: our Regiment was quartered this night at Sir
Ralph Verneys
House a Parliament man; his Father the Kings Standart-bearer was slain at Edge hill.
Thursday the 31 of
August
, wee advanced from thence to a village called
Stretton-Araley
; this night all our Brigade consisting of six Regiments;
viz:
Colonell
Manwarings
Red Regiment, two Regiments of Trained Bands, and three of the Auxiliary, were all quartered at this little village, it is conceived wee were in all of this Brigade about 5000. here was little provision either for Officers or souldiers, the night before we came hither, the Cavaliers were at
Bister
two miles from this village and 6 miles from
Oxford
but were beaten out of it by our souldiers and the Lord Generall with his army quartered there this night.
Friday the 1 day of
September
, wee advanced from hence to a place called
Bayards-greene
in
Oxford shire
, being three miles distant from
Brackley
, and eight miles from
Banbury
, where our Brigade met my Lord Generall with his whole Army; whereat was great shouting and Triumph as he passed by to take a view of our Regiments, the whole Army being drawne up in their severall Regiments, continued there about an houre and then we marched away: It was a goodly and glorious sight to see the whole Army of Horse and foot together; it is conceived by those that viewed our Army well, that wee did consist of (to speake of the least) 15000 horse and foot, some speak of many more. This day good newes was brought to us concerning
Glocester
, and
Exeter
. From hence we marched this day to a village called
Souldern
, foure miles from
Banbury
, where our six Regiments that came from
London
were Quartered; and my Lord Generall and the rest of the Army were Quartered about a little mile from us, at a Market town called
Ano
on the hill; we were very much scanted of Victualls in this place.
Saterday 2
Septem.
wee advanced from hence to
Hooknorton
, 25 miles from
Glocester
, at which Village our whole Brigade was quartered. This day the Lord Generals Troops had some skirmish with the Cavaliers; it is reported there was eight slaine of the enemies party and one on ours. From hence we marched away the next morning.
Sabbath day 3
Septemb.
wee advanced from hence to a little Village called
Addington
about a mile from
Stow
the Old, the hithermost town in Glocester-shire, and about 20 miles from Glocester; where in our march this day, wee againe met the Lord Generalls Army, upon a great common about halfe a mile from
Chippingnorton
; at which place also our five Regiments departed from his Army, and marched to the Village aforesaid. The blew Regiment of the Train'd bands marched in the van and tooke up the first quarter in the town; the other 3 Regiments of the Auxiliary forces, were quartered at the adjacent villages; whereupon our red Regiment of the Trained Band was constrained to march halfe a mile further to get quarter, we were now in the Van of the whole Army, having not so much as one Troope of Horse quartered neer us: but we were no sooner in our quarters , and set downe our armes, intending a little to refresh our selves; but presently there was an Alarme beat up, and wee being the frontier Regiment neerest the enemy, were presently all drawn up into a Body, and stood upon our guard all that night, we were in great distraction, having not any horse to send out as Scouts, to give us any intelligence: my Lord Generall with his Army lay at
Chippingnorton
, about three miles behind us; who had an Alarm there given by the enemy the same night also: Our Regiment stood in the open field all night, having neither bread nor water to refresh our selves, having also marched the day before without any sustenance neither durst we kindle any fire though it was a very cold night.
Munday 3
Septemb.
we got some refreshment for our souldiers, which was no sooner done, but news was brought to us, that the enemy was within halfe a mile of the Town, which proved to be true, for presently one rid downe to us having his horse shot in the neck all bloody, and told us the enemy was at the towns end; also one Trooper slaine a quarter of a mile above the town, one of our souldiers stript him, and brought his clothes to us: It was a little open Village, the enemy might have come in upon us every way, therefore we conceiving it not safe to abide in the town, drew up our Regiment presently in a body, and marched into a broad open field to the top of the hil, the blew Regiment of the train'd Bands were quartered within lesse than half a mile of us, but came not up to us: Being come into the field we saw about 4 or 5000 of the enemies horse surrounding of us, one rid post to my Lord Generall to informe him of it. One great body of their horse stood facing of us upon the top of the hill at our townes end, within lesse than a quarter of a mile from us, another great body of their horse was in the valley, upon our right flank as we stood; and a third great squadron of their horse were going up to the top of a hill, in the reere of us; by all which it appeares, they had an intent to have surrounded our City Regiment, and to have cut us off; we stood and faced one another for the space of halfe an houre; then 6, or 7. of our men who had horses, rod up to them and came within lesse then musket shot, florishing their swords, daring them, and one or two of our men fired upon their forlorne hope: we had lyned the hedges with musketeers, which they perceiving did not move towards our body, but only stood and faced us. Then some of the Auxiliary forces came up to us, at whose coming we gave a great shout: and then by and by after we saw my Lord Generals forces comming down the hill about a mile and halfe behind us: my Lord drevv out the forlorn hope upon the hil as they came dovvn; who fired 3 or 4. Drakes against the enemies horse that were neer them on the top of the hil, that were coming upon the reer of us, and made them retreat to the rest of the body their intent was to have compassed us in on every side, but the
Lord
prevented them, they might have spoiled our whole Regiment, had they in the morning come down upon us when we were taking a little food to refresh our selves, the enemy being then but a half a mile off; a great many of the Cavaliers lay all night, within lesse then a mile of us, which we perceived in our march the next day, I hope the mercy of that day, wil not bee forgotten.
When this was done, my L. Generals forces marched up to our Brigade: when they were come we drew forth our
Forlorn hope
, and marched up to the body of their Horse that stood facing us on the top of the hill: we fired some Drakes at them, they retreated: then the Lord Generall drew up his great Guns, they faced us againe, we fired two great Peeces of Ordnance at them, and then they retreated up to the Towne of Stow, and drew up all their horse into a body, and stood upon the side of the hill facing us: then we let flye two or three of our greatest Ordnance at them; they all fled, and wee pursued them and followed them three miles: Then they stood and faced the Lord Generall againe about the going downe of the Sun, we fired at them a great while, marching up towards them five or sixe Regiments together; all in a body, about 800 or 1000 abrest, sixe deep we having roome enough, it being a brave champian country: which goodly shew did so much the more daunt the enemy, that (as it is reported) Prince
Rupert
swore, hee thought
all the Round-heads in England were there
.
In the first Skirmish we lost but one man, who was slaine by our owne Cannon through his owne negligence, and another sore burnt and hurt by the same Peece. When we came to Stow, the Cavaleers reported that they had killed twenty of our men, and we two of theirs; but we heare there were sixe of their men slaine, some horses killed, and five prisoners taken. Prince
Rupert
was there, and some say the Lord of
Holland
also. Our men pursuing them skirmished till nine of the clocke at night; wee marched after them till twelve of the clocke at night: we lay all in the open field upon the plowd-land, without straw, having neither bread nor water, yet God enabled our Souldiers to undergoe it cheerfully, there was not one feeble sick person amongst us, but was able to march with us the day following.
Tuseday
September
25. we advanced from that field neare to a Towne called Prestbury, withing sight of Glocester, about seven miles from it: This day the whole Army marching together, it fell to our red Regiment of the Trained-bands to march in the Reare of the Waggons, and had charge of them: about sixe of the clocke the Lord Generall comming to the top of a high mountaine or hill, called Presbury-hill, where we might see the City of Glocester, he commanded foure or five great Peeces of Ordnance to be fired; some say it was against the Cavaleers, who were about a mile off, in the Towne below the hill: others say it was to give intelligence to Glocester of our approaching to their reliefe. The Army marched downe the hill, and hastened to the adjacent Villages for
Quarter
, but before the Waggons could come to the top of the hill, night drawing on it began to be very darke, so that our Waggons and Carriages could not get downe the hill, many of them were overthrowne and broken, it being a very craggy steep and dangerous hill, so that the rest of the Waggons durst not adventure to goe downe, but stayed all night there: sixe or seven horses lay dead there the next morning that were killed by the overthrow of the Waggons: our red Regiment having charge of the Waggons, were constrained to lye all night upon the top of this mountaine, it being a most terrible tempestuous night of winde and raine, as ever men lay out in, we having neither hedge nor tree for shelter, nor any sustenance of food, or fire: we had by this time marched sixe daies with very little provision; for no place where we came was able to releeve our Army, we leaving the Rode all the way and marching through poore little villages: our souldiers in their marching this day would run halfe a mile or a mile before, where they heard any water was such straits and hardship our Citizens formerly knew not; yet the Lord that called us out to doe his worke enabled us to undergoe such hardnesse as hee brought us to. This evening the Lord Generall was faine to fight for his Quarter, and beat the enemy out of it, at a market-Towne called Cheltnam, five miles from Glocester, and two miles from this hill; about midnight we had two Alarms upon this hill, in the midst of all the storme and raine, which together with the darknesse of the night made it so much the more dreadfull, which also caused a great distraction among our Souldiers, every one standing upon his guard, and fearing his fellow Souldier to bee his enemy. Many other particular sad stories of this tempestuous stormy night I leave to the relation of others: one young man of the Colonels company was shot in this confusion upon this hill, whose death will be much lamented by his Parents and Friends, from whom he received a Letter but a few dayes before to returne home.
The next morning, being Wednesday
Sept.
26. our Souldiers came downe from that hill into the village aforesaid, being wet to the very skin, but could get little or no refreshing every house being so full of Souldiers: The Cavaleers were in the Towne but the day before. Wee stayed here but two or three houres that morning, and then wee had an Alarm that the Cavaleers were neere the Towne with a great body of horse: We were all presently drawne up into a body in the field; our souldiers began to complaine pitifully, being even worn out and quite spent for want of some refreshing, some complaining they had not eat or drunke in two dayes, some longer time. Yesterday the enemy raised their siege from before Glocester: this day our two Regiments of the Trained Bands marched to a little village called Norton, three miles wide of Glocester, and foure miles from Teuxbury, where our Souldiers had some reasonable accommodation and refreshment: in this village wee had many Alarms: we continued here two dayes and two nights.
Thursday
Sept.
7. the Kings forces fell upon some of our troops of horse at Winscombe, they being secure, the enemy killed many of them, and tooke many prisoners, and some Colours: the Regiments of our horse there did belong to Col.
Vere
and Col.
Goodwin
. The Auxiliary Regiments were quartered within two miles where this was done. This night about seven of the clock there came a command for our Regiments of the Trained-bands to march five miles back againe in the night but it being a very darke night, and our men worne out and spent with their former marching, they refused to goe; but next morning, being Friday
Sept.
8. we had a command to march into
Gloucester
, which accordingly we did: The Lord Generall with the whole Army marched into Glocester this day.
The Citie was exceeding full of horse and foote: the enemy besieged this Towne a full moneth and three dayes. They had many strong assaults against it, and battered some of their workes; & in two or three places they had begun to undermine the gates, and out-workes, but were met with by the Citie forces, who did undermine within to meet them: without they shott many granadoes of great weight, which when they fell in the Citie were red as fire; yet blessed be God, kild not one man therewith; onely tore up the ground as if a Beare had been rooting up the earth: The Inhabitants of the Citie report that the enemy shot 140 shot great and small in one day, and yet killed neither man woman nor childe; they lost but about thirtie in this Citie during the time of this siege; most of which, as is reported, were shot in the head, in peeping through some holes at the enemy; wee found very loving respect and entertainment in this Citie, they being very joyfull of our coming; wee abode here fryday-night and Saturday, and marched away on Sabbath-day-morning: the Lord Generall left in this Citie three great pieces of Ordnance, as also many score barrells of powder, with match and bullet proportionable, furnishing them to their hearts desire.
Sabbath day
Septemb.
10. the whole army advanced from
Glocester
to
Tewksburie
, where wee abode foure dayes and five nights, till
Glocester
had provided themselves of corne and other provisions: the enemy had cut off from the Citie all their pipes of water, and burnt their Mills: My Lord Generall summoned this Towne of
Tewksbury
, and demanded the twentieth part of their estate for the reliefe of
Glocester
. Wee were at this Towne five dayes, from Sabbath day till fryday
Septemb.
15. On thursdaynight the enemy did fall upon some of our troopes of horse, who were quartered about three miles from
Tewksbury
, of the regiment belonging to Sir
James Ramsey
, they slew many of our men, and took many others prisoners. Wee took foure of them prisoners; but the greatest losse was sustained on our side. Before wee marched from this Towne, the Lord Generall gave order for the making of a bridge over the River
Severne
neere
Tewksbury
, as if our intention had been to march with our army over there to
Worcester
; which caused the enemy to draw their forces thither, as a place of refuge: The wisdome and policie of the Lord Generall and Counsell of warre, as also their great care for the preservation of our Army, is highly to be commended and never to be forgotten; and may serve to stop the mouths of all such as shall hereafter be opened against him: for had the enemy knowne which way we had marched, they might have had us at a great advantage, by gaining the hills; wee being now in the vale of
Esum
, and all our great Ordnance and Carriages to be drawn up those hills, they might have kept us there all this winter, & starved our army: but blessed be God, we all marched away with safetie. One that was present at
Esum
, where the King with his Army lay, affirmes that when tydings came to the King that wee were marched from
Tewksbury
, they did stamp and swear and curse their Scouts exceedingly, that they gave them no better intelligence of our departure. And the same day we marched from
Tewksbury
the King with his Army and traine of Artillery marched from
Esum
after us, as will appeare in the ensuing matter.
Fryday
Septemb.
15. our whole Army advanced from
Tewksbury
to
Ciceter
, aliàs
Cirencister
17 miles we marched all night, and sate down before it about three aclock in the morning: when we came thither Sir
Robert Pye
marched up to the Towne, and with some Muskettiers he gave fire upon the Centinells, killed one of them, and wounded the other; Sir
Robert
himself received a shot in the arme: the Cavaliers yeelded the town and desired quarter: wee took 225. prisoners, whereof 10. were Commanders, we tyed them two and two together with Match, and brought them along with us: we took also 27 waggon-load of provision, which the Cavaliers had provided for the reliefe of their own Army: they had taken the School-house, belonging to the Towne, and made it their store-house, to lay in such provision as they made in the Countrey to bring in: they slew one man of ours, who was pistold by one that took him prisoner: we killed 2. or 3. of them.
Saturday
Septemb.
16. we advanced from Ciceter five miles to a village called
Letton
, where our
London
-Briggade was quartered that night; the Lord Generall with his Army quartered a mile further at a Market-towne in
Wiltshire
called
Cricklet
; at the village aforesaid were ten cart-load of Cavaliers, who were sick and lame, and brought thither to be quartred, who when they heard we were marching to this place, they then found their leggs and run away: this day we had a wet march, and in the night a false alarm.
Sabbath day
Septemb.
17. we marched from
Cricklet
to a Market-towne called
Swindowne
8 miles. This morning newes was brought that the Cavaliers were come to
Ciceter
, and had taken and kild many of our men, who stayed behind drinking and neglecting to march with their Colours, who are not much to be pittied: this day we drove along with our army about 1000 sheep and 60 head of Cattell, which were taken from Malignants and Papists in the Country for the maintenance of our army: 87 sheep was allotted for our red Regiment, but wee afterwards lost them all, when we came to fight; it being every mans care then to secure himselfe, and to see to the safetie of the Army: this night our
London
-Briggade was quartred 2 miles beyond the Lord Generalls quarters at a little poore village called
Chizelton
, where wee could get no accommodation either for meat or drink, but what we brought with us in our snapsacks: most of us quartred in the open feild, it being a very cold frosty night, wee marched away hence the next morning.
Munday
Septemb.
18. we advanced from this village about two miles to a place called
Abern-chase
, where newes was brought to the Lord Generall, that the enemy was coming upon us with a great body of horse, which caused the Lord Generall to make a stand, our whole Army being in a deep valley, and the enemy upon the hills on our left flank, we drew up all our Army into a body to the top of the hill, where we had a full view of the enemy over against us: there appeared a great body of their horse; it was conceived there was 7 or 8000 but no foot that we could discerne; we stood a while and faced them; then one small body of horse as a forlorn hope marched up the hill to them, and fired upon them, and then retreated to their main body in the valley; the enemy followed our horse in their retreat, firing at them all the way very feircely; then we fired some Drakes at their horse, but did little execution; then our body of foot was drawne downe from this hill to the top of another high hill, where we stood and faced the enemy, having a full view of all that was don between our horse and theirs: our foot were not ingaged at all in this fight, except two Regiments onely: Then Collonell
Meldrams
and Colonell
Harvies
troops drew up in a body & gave the enemy a very feirce charge, which was performed with as brave courage and valour as ever men did, and then wheeled about to a Regiment of our foot that stood in the reer of them, the enemy pursued them in their retreat, skirmishing one at another all the way: what number was slain in this fight is not yet known: here Cap.
Willet
received a shot from the enemy, of which wound he is since dead: we lost no other man of note in this fight: one man of great note and esteem of the enemies partie was here slaine, Marquesse
de la Veel
, his father is Lord high Marshall of
France
, and chiefe Commander in the feild: we took up his body and carried it to
Hungerford
; I viewed his wounds, he received three shot in his body from us, one in his right pap, another in the shoulder, and a third in the face: from this place all their horse gathered into a body when it begun to be dark, and so ours likewise, and wee marched away that night to
Hungerford
5 miles: our red Regiment with some other Regiments were quartred a mile on this side
Hungerford
, at a little village called
Skelton
; those that marched in the reer of the Army, were marching this 5 miles all night: we were much distressed for want of sleep, as also for all other sustenance; it was a night of much raine, we were wet to the skin: this day we took 25 Cavaliers at
Hungerford
, whereof one was slaine.
Tuesday,
Septemb.
19 we advanced from
Hungerford
to a village called
Embry
, about a mile and halfe from
Nubury
: the Lord Generall had intent to have quartered at
Nubury
that night, but the King got into the Town that day before, and so we were prevented. This morning a Trumpetter came from the King to the Lord Generall, to desire that Chyrurgions and Doctors might have free accesse from them to the Marquesse that we had taken. But the Messenger came to late: for the Marquesse was past their cure. The Lord Generall told him, if they pleased to send for his body, they might have it. The death of this Marquesse hath much inraged the enemy, being one whom they did highly esteem. This night our whole Army quartered in the open field; we had no provision but what little every one had in his Snapsack. We had now marched many dayes and nights with little food, or any sustenance, and little sleep. This night the King sent a challenge to the Lord Generall, to give him battell the next morning, which accordingly was performed; and in the night our enemies gained the hills where they intended to give us battell, they planted their Ordnance, got all advantages they could desire, before our Army marched up to them: Yet now wee see there is neither wisedome, nor policie, nor strength, against the Lord; yea, had not the Lord himselfe been on our side, they had swallowed us up quick, so great was their rage and fury stirred up against us, they being confident of the victory before we came to fight: But let not him that puts on his harnesse boast as he that puts it off. For it was not our owne arme that saved us, but the right hand of the Lord became glorious in that day, to get himselfe a glorious name.
The next morning,
Septem.
20. very early before day, we had drawn up all our Army in their severall Regiments, and marched away by break of day; and then advancing towards the enemy with most cheerfull and couragious spirits: The Lord
Roberts
souldiers had begun to skirmish with them before we came up to the enemy; which we hearing, put us to a running march till wee sweat again, hastening to their reliefe and succour. When wee were come up into the field, our two Regiments of the trained Bands were placed in open Campania upon the right wing of the whole Army. The enemy had there planted 8 pieces of Ordnance, and stood in a great body of Horse and Foot, wee being placed right opposite against them, and far lesse then twice Musket shot distance from them. They began their battery against us with their great Guns, above halfe an houre before we could get any of our Guns up to us; our Gunner dealt very ill with us, delaying to come to us: our noble Colonell
Tucker
fired one peece of Ordnance against the enemy, and aiming to give fire the second time, was shot in the head with a Cannon bullet from the enemy. The blew Regiment of the trained Bands stood upon our right wing, and behaved themselves most gallantly. Two regiments of the Kings Horse which stood upon their right flanke a far off, came fiercely upon them, and charged two or three times, but were beat back with their Muskettiers, who gave them a most desperate charge, and made them flie. This day our whole Army wore green boughes in their hats, to distinguish us from our enemies; which they perceiving, one regiment of their Horse had got green boughes, & rid up to our regiments crying, Friends, friends; but we let flie at them, and made many of them and their horses tumble, making them flie with a vengeance. The enemies Canon did play most against the red Regiment of trained Bands, they did some execution amongst us at the first, and were somewhat dreadfull when mens bowels and brains flew in our faces: But blessed bee God that gave us courage, so that we kept our ground, and after a while feared them not, our Ordnance did very good execution upon them: for we stood at so neer a distance upon a plain field, that we could not lightly misse one another: We were not much above halfe our Regiments in this place; for we had 60 Files of Muskettiers drawn off for the forlorn hope, who were ingaged against the enemy in the field upon our left Fank. Where most of the Regiments of the Army were in fight, they had some small shelter of the hedges and bankes, yet had a very hot fight with the enemy, & did good execution, and
stood
to it as bravely as ever men did. When our two regiments of the trained Bands had thus plaied against the enemy for the space of three hours, or thereabout, our red Regiment joyned to the Blew which stood a little distance from us upon our left Flank, where we gained the advantage of a little hill, which we maintained against the enemy halfe an hour: two Regiments of the enemies foot fought against us all this while to gain the hill, but could not. Then two regiments of the enemies horse, which stood upon our right Flank, came fiercely upon us, and so surrounded us, that wee were forced to charge upon them in the front and reere, and both Flanks, which was performed by us with a great deal of courage and undauntednesse of spirit, insomuch that wee made a great slaughter among them, and forced them to
retreat
; but presently the two regiments of the enemies foot in this time gained the hill, and came upon us before wee could well recover our selves, that we were glad to retreat a little way into the field, till we had rallied up our men, and put them into their former posture, and then came on again. If I should speak any thing in the praise and high commendations of these two regiments of the trained Bands, I should rather obscure and darken the glory of that courage and valour God gave unto them this day, they stood like so many stakes against the shot of the Cannon, quitting themselves like men of undaunted spirits, even our enemies themselves being judges. It might be expected that something should be spoken of the noble and valiant service performed by the rest of the Regiments of the Army both horse and foot; but their courage & valour it self speaks, which was performed by them that day, our men fighting like Lions in every place, the great slaughter made amongst the enemies testifies. My noble and valiant Captaine
George Massie
, who was with the forlorn hope, received a shot in the back from the enemy, of which wound he is since dead. This 26. of
September (
hinc illæ lachrymæ
) we lost about 60 or 70 men in our red Regiment of the trained Bands, besides wounded men, we having the hottest charge from the enemies Cannon of any regiment in the Army. Also that worthy and
valiant
Gentleman Capt.
Hunt
was slain in this battell, whose death is much lamented. These two poore regiments were the very objects of the enemies battery that day, and they have since made their boast of it. It is conjectured by most, that the enemy lost four for one: 70. chief Commanders were slain on their side. This is most cer tain
certaine
, that they did acknowledge
themselves
to be beaten. It is credibly informed by those that were this day in the Kings army, that the King himself brought up a regiment of Foot and another of horse into the field, and gave fire to two peeces of Ordnance, riding up and down all that day in a souldiers gray coat. The next day I viewed the dead bodies: there lay about 100 stript naked in that field where our 2 regiments stood in battalia. This night the enemy conveyed away about 30. cart load of maimed and dead men, as the towne-people credibly reported to us, and I think they might have carried away 20 cart load more of their dead men the next morning; they buried 30 in one pit, 14 lay dead in one ditch: this battaile continued long; it begun about six aclock in the morning, and continued till past 12 aclock at night: in the night the enemy retreated to the towne of
Newbury
, and drew away all their Ordnance; we were in great distresse for water, or any accommodation to refresh our poore Souldiers, yet the Lord himselfe sustained us that we did not faint under it; we were right glad to drink in the same water where our horses did drink, wandering up and downe to seek for it. Our word this day was
Religion
, theirs was
Queen Mary in the field
: The great goodnesse of God, in giving us victory this day is so much the more remarkable from these three considerations: First, that great disadvantage we had this day, in case we had been beat by the enemy, we having no place of retreat for safety neerer then
Glocester
, which was above 30 miles: whereas our enemies had possession of
Newbury
, and in a manner of the whole Countrey round about: secondly, we had great scarcitie of provision for our Army, having marched many dayes and nights with little food or sleep, or any refreshment; had not God fed us with the bread of our enemies which we took at
Ciceter
, we could not without a speciall providence of God have been able to subsist, whereas our enemies had the town of
Newbury
, and the Country all about for their relief. Thirdly, we had a great disadvantage by giving battell in that place the enemy had made choice of their ground, planted their Ordnance, gained all advantages they could desire. Beside many other disadvantages on our part, which I forbeare to relate; yet God gave us the victory, and made our enemies flie before us, that we kept the field all night. The Lord Generall deserves perpetuall honor by his wise, valiant, and worthy managing of this dayes battle, as also no lesse praise and
commendation
to the rest of the councel of war. Many more particular passages might here be inserted, but I proceed.
Thursday,
Sept.
21. after we had buried our dead, we marched frõ this field with our whole army to a town called the
Veal
, 11 miles, and 4 miles from
Redding
; where in our march this day, our enemy pursuing of us, fell upon our reer in a narrow lane about a mile and a halfe from a village called
Aldermason
, they came upon us with a great body of foot and horse: our
London
Briggade marched in the reer, and a forlorn hope of 600 Muskettiers in the reere of them, besides a great number of our horse: but our horse which brought up our reere, durst not stand to charge the enemy, but fled running into the narrow lane, routed our own foot, tampling many of them under their horse feet, crying out to them,
Away, away, every man shift for his life, you are all dead men
; which caused a most strange confusion amongst us. We fired 10 or 12 Drakes at the enemy, but they came upon us very feircely, having their foot on the other side of the hedges; many of our waggons were overthrowne and broken: others cut their traces and horse-harnesse, and run away with their horses. leaving their waggons & carriages behind them: our foot fired upon the enemies horse very bravely, and slew many of them; some report above 100 and not 10 of ours: some that we took prisoners our men were so inraged at them that they knockt out their braines with the butt-end of their Muskets: in this great distraction and rout a waggon of powder lying in the way overthrowne some spark of fire or match fell among it, which did much hurt; 7 men burnt and 2 kild: the enemy had got 2 of our drakes in the reer, had not our foot played the men and recovered them againe: this was about 4 or 5 aclock at night; many of our men lost their horses, and other things which they threw away in haste: wee marched on and came to the
Veal
about 10. aclock at night.
Fryday
Sept.
22 we advanced from the
Veal
and came to
Reading
foure miles, where we refreshed our Souldiers after our hard service and wearisome marchings. We stayed here fryday saterday and sabbath day: saterday night about 20 of the enemies horse came and gave us an alarm. Sabbath day was celebrated a day of thanksgiving; we marched away hence on munday morning.
Monday
Sept.
25. wee advanced from
Reading
to
Madenhead
, our Briggade was quartred here. But the Lord Generall with his Army and all his train marched to
Windsor
.
Tuesday
Sept.
26. we advanced from
Maidenhead
about 4 aclock in the morning, having some intentiõ of marching to
London
that night, but came no farther then
Brainford
, where we stayed the next day also being Fast day.
Thursday,
Sept.
28. we marched from
Brainford
to
London
, where we were joyfully received home of all our friends, and all that wish well to the Parliament; and to the vexation of heart of all wicked malignants who had raised reports that we were all routed and slaine: the Lord Mayor together with the Aldermen of the Citie met us at Temple-barr, and entertained us joyfully: many 1000 bidding us wellcome home, and blessing God for our safe returne: Thus God that called us forth to doe his worke, brought us through many straits, dilivered us from the rage and insolency of our adversaries, made them turne their backs with shame, giving us victory, and causing us to return home joyfully.
Monōi Theōi doxa
FINIS.
Newes from the New EXCHANGE, OR THE COMMONVVEALTH OF LADIES, Drawn to the Life, in their severall Characters and Concernments.
Martialis. lib.
4.
Epig.
71.
Quæro diu, totam gressus agitando per urbem,
Si qua puella negat, nulla puella negat.
Tamquàm fas non sit, tamquam
sit
turpe negare;
Tanquàm non liceat, nulla puella negat.
Casta igitur nulla est? castæ sunt mille. Quid ergo
Casta facit? non dat; non tamen illa negat
Ovidius.
Casta est quam nemo rogavit.
London
, Printed in the year, of Women without Grace, 1650.
Newes from the New-EXCHANGE, or the Commonwealth of Ladies, drawn to the Life, in their severall Characters and Concernments.
THere was a time in
England
, when men
wore the Breeches
, and debar'd women of their
Liberty
; which brought many grievances and oppressions upon the
weaker vessels
; for, they were constrained to converse only with their
homes and closets
, and now and then with the
Gentleman-usher
, or the
Foot-man
(when they could catch him) for variety: So that in those dayes, there was no such thing as the SERVANT, the FRIEND, or the INTIMATE in ordinary; nor durst they be acquainted with the
mode
of
Drinke, Dice
, and
Tobacco
; nor
rore
and convert their smoks into
Colanders
, to strain healths of
Sack
into
Beer-glasses
, and take them off astride upon mens shoulders. In consideration whereof, and divers other inconveniences, by the tyranny of men, the
Ladies Rampant
of the times, in their last
Parliament
, knowing themselves to be a part of the
free people
of this Nation, unanimously resolved to assert their own
freedoms
; and casting off the intolerable yoke of their
Lords
and
Husbands
, have voted themselves the
Supreme Authority
both at home and abroad, and setled themselves in the posture of a
Free-State
, as may appeare by their
Practices
.
In the first place, for the well ordering of their
Militia
, they have lifted themselves under the conduct of the Right Honorable the Countesse of
Kent
, and the old Countesse of
Exceter
; who ought to lead the
Van
, being experienced Souldiers, that have passed through all Offices in
Venus
Warrs, from a
Corporall
to a
Colonell
. These two are the only pillars of Nobility and Hospitality; who, to breed up the
young Fry
in the Misteries of the
Sexe
, have erected an
Academy
, which is opened every
Sunday
night at the Countesse of
Kent's
and every
Thursday
at my Lady of
Exceter's
. There
Suppers
are reckoned most convenient, because the
Bed
follows, and it is judged the best way of disgestion after the
Lectures
, they never being upon any other Subject, but WHO with WHO,
Mistresses
and
Servants
, and the
Act of well-doing
, which must needs breake the
Academy
of
well spea king
, and soon make the
Italian
Knight lose all his Custome, for going the wrong way to worke with our
English
Ladies.
And if he dare dispute the matter, wee will refer it to my Lady
Carlisle
. This is a Lady indeed, that seven years since took saile with Presbytery, being charged in the
Fore-deck
by Master
Hollis
, in the
Poop
by Master
Pym
, whilst she clapt my Lord of
Holland
under hatches. And this was a lucky
Supply
at that time, because
Toby Matthewes
and
Wat. Mountague
were both
fled for Religion
. About 3 years since, being weary with that
faction
, she revived a correspondence upon the
Royall accompt
; among the rest with divers
foreine Ambassadors
; especially
Mons. Believerey
, till she was put in the
Tower
, where she now pines away for want of
fresh-Cod
, and knoweth not which way to lead her
Nags
to water, since the
State
hath cut off all her
pipes
of intelligence.
After her comes the old Lady
Peterburgh
, who would faine be yong. A
Presbyterian
Lady too, that casts a sad looke with her eies for the downfall of her
Faction
, and sings the
lamentation of a sinner
for the losse of Mr.
Hollis
, but above all for the Irreparable losse she had in
Tom. Gell
, when my Lady
Rutland
got him from her.
'Twere pitty my old Lady
Devonshire
and these two should be parted, for, the
Presbyterie
was setled first in her house by the
Scots Commissioners
; where my L.
Louden, Lauderdale
, and
Dumferling
, were clapt in her
hole of Repentance
, to forward the work of
Reformation
.
And now we talk of
Reformation
, God help my Lady
Salisbury
, whose Sinnes are as big as her Body, and whose faults are better known at home than abroad, since the death of the old Duke of
Buckingham
and my Lord of
Holland
. A very charitable Mother she is to all her Children; but especially to her daughter my Lady
Sands
, having helpt her to a
Touch
, with her Son in Law my Lord
Lisle
, though my Lord of
Salisbury
himself, like a crosse Father,
My Ladie
Sands
was warming her Brother
Lisles
drawers by the fire Side.
came in and took her airing his
Drawers
. This Lady
Sands
continues her
Clack
going ever since, to draw
grists
to the
Mill
, and is at this time one of the greatest
Coursers
upon the
New Exchange
; She out-drinks a
Dutch man
, outvies a
Courtesan
, and is good at all
Games
, but loves none like
In and In
, and sometimes she is for
Passage
. In league with her are all the
Hat-and-feather-Gallants
, the
feather
being the proper
Hieroglyphick
of her Condition, and the Badge of her
faction
.
As for her good Sister, the yong Lady
Devonshire
, She hath been a very sad woman ever since the death of my
Lord Iohn
; but since that, She hath been rid of her
Qualm
by
Tom Killegrew
, who is now gon Ambassador from
Iersey
into
Italy
, on purpose to fetch her a
Musk-cod
to perfect the Cure.
This Family is both large and godly; and there fore we must not forget my Lady
Cranborn
; who lives in a
Scotish mist
betwixt light and darknesse so that groping often for Truth, She now and then layes hold upon the
Preacher
, and puts him beside the
Text
, in an error. She playes above-board with Mr.
Sackvile
, under-board with Mr.
Sterry
, and severall other
Captains
that usually preach
before her
and the
Councell of State
. She hath preferred one
Lee
Lecturer at
St. Martin's
, to read
lectures
on Sunday nights to the whole
Family
, concerning
due Benevolence
; which gave occasion to Mistris
Peele
(an
Intimate
of theirs) to commend his doctrine above all others.
And now, not forgetting an over-thwart neighbor of theirs we must think of my Lady
Forster
; an old
Mistresse
and a yong
Saint
; one whose proportion puts us in mind of her
Excellencies
, and he that meanes to board her, must put off his doublet and swim, it being of the same size with a
FishPond
: yet it is ten to one if he scape sinking, since she is somewhat of kin to
Goodwin Sands
, having swallowed up many
Families
, many
Blew Gariers, Georges, Earls
, and
Baronies
innumerable. Among them, as the latest (though of a long continuance) is the Lord
Willoughby
of
Parham
; who hath now taken a journey to the
Barbado's
and means to pipe her one way since he cannot another; In Order whereunto he hath provided her a whole plantation of Tobacco, it being her proper Element; so that since my Lord finds
Smeak
, Sir
Humphry
may in time have
Bacon
. I would have this Lady well preferr'd in the
Commonwealth
, she being now a great
Retailer of Courtesies
.
And truly her Daughter my Lady
Prat
(for ought I see) is resolved to keep up the
Trade
, having an Husband for the purpose. This is that doughty Knight Sir
George Prat
, once celebrated in
Comedy
, and pawned upon the
Stage
(as well as at the
Tavern
) in a
Ioynt-Stool
for a Reckoning. Hee, Sir
Samuel Luke, Ieffery
, and little
Trott
, may help to make up the Nine
Worthies
among the
Pigmies
, and might passe for rare Champions in
America
, to erect a new
Common wealth
among the
Monkies
. Indeed, take Sir
George
, hornes and all, and he is a very formidable
Monster
; so that 'tis no wonder if his
Lady
be reprehended by her
Mother
, for being
Bull'd by an Urchin
: She is a great
wit
, and playes with an old
Sophister
(Dr.
Smellsmock, alias
Mr.
Osbaston
) who jerks her both behind, and before; therefore Mr.
Lenthall
, though he have playd
Truant
a great while, may the rather scape a whipping.
Come, take your Turn Mrs.
Gamlyn
; for, you have had many a one by that excellent Squire of the Body yong
Lenthall
, who hath the art to love if the Women love him. They say,
Northamptoc
makes love one hour to you, and he beats the brains of it out in a quarter. This Gentleman broaches
maxims
very dangerous to the Common-wealth of Women,
viz. That there is no woman honest. That wo men would become unnecessary in the world, if that damnable principle of honesty should be professed. That originally there was no such quality as honesty, only it was insinuated by the perswasions of the first mother, to keep women from being debauched in their nurses arms
. All which hath been applauded, and seal'd to, by the same
Gentleman
, over and over.
Now, as a brave
Supposed a Hermaphrodite.
Woman-man-of-mettle
, beigh for my Lady
Hungerford
. Since Sir
Edward
is in Heaven, the fittest
mate
for her upon Earth, must needs be
Annis-water Robbin
, For they may fit one another by turns, and be beholding to no body. This
Lady
over-rid and excarnated, no lesse than three of her women in her husbands life-time; and hath left no part of foure
Gentlemen-ushers
visible in the world, but their
periwigs
; but the fifth scapes yet, and may perhaps for a twelvemonth.
Room next for my Lady
Kingsmell
; who having been lately in
France
, hath brought over some
Italian
tricks with her. The only wit in that house is
new lechery
, and her Daughter is
vostre Serviteur
. The Mother should have been married to my Lord of
Norwich
, at his coming out of prison, but that of late he is become as dry as his jests, and the talke of the town diverted the humor.
But my Lady
Rutland
(God wot) is a more resolute Lover; for, now that her Lord is out of Town, nothing can stave her off from
Tom. Gell
. This fellow the world suspected to be Eunuch to my Lord of
Newcastle
; but now she commends him for the swetest man in the world though of late she hath a great stroke too with
Harry Martyn
.
And now we talk of a
stroak
, I can tell you of a notable
Striker
one Mrs.
Luson
, who hath blowne up and broke so many
French, Dutch
and
Spanish
Merchants, that none of late durst deal with her but
Hugh Peters
; who (I hear) hath pawned halfe the
fleet
at
Mildford
-haven to provide her a
new yeares gift
; and this in imitation of his Masters at
Westminster
, who ever put the Charges of their
Lechery
upon the accompts of the
Publique
.
This policy of
Hugh Peters
, puts us in mind of godly
Gravener
, he that is
Commissary
to my Lady
Fairfax
; who hath pawned his
Commission
for another couple of
Flanders
horses, to make sure of Mistris
Luson
: And she I think hath paid him pretty well; for the poor
Gent.
hath spit himselfe into a
Night cap
, and the next Remove may be into a
Coffin
.
If ever the
new Common weal
be routed, it must be by this
Lady
; for, put a little
Gunpowder
to her
Mercury
, and you may soon blow up my Lord
Bradshaw
. He (they say) hath audited her Phisicke
Bill
, and the
Councell
of
State
finds many faults in it As
Inprimis
, on purge for a
clap
she had from Sir
Harry Mildmay
, which was much invenom'd by one he caught the morning before from
Besse
the
Begger wench
.
Item
a Plaister for the
swelling
in her
Groin
, that Mr.
Marten
gave her from a
Shanker
of his, which he caught from the
Wench
he stole from his Brother-Member Sir
Roger North
.
Item
, an
Astringent
for a
Gonorrh
œa, given her by Mr.
Sco
, which hath been entailed upon him and his Family, ever since he strain'd at the
Brewers
daughter behind the
Ale-fat
.
Item
, for a
Pimple
, which my Lord of
Denbigh
entailed on the Top of her
Belly
from the Tip of his
Nose
. The
Pothecary
pleaded this cure was extraordinary, because the
Rubyes
in my
Lord's
nose, might have caused a
Carbuncle
in her
Cabinet
, had it not been prevented (according to my
Lord's
owne direction) with an
emollient Clyster
over night, a Dose of
Pills
in the morning, and an
electuary
from the same
Lord
the night following.
Item
for fluxing, fuming, soking, and Tubbing of
Heveningham
, a worthy
Member
; yet all will do no good, For, this
Lady
and he have been so long of the
same humor
, that he cannot be cured of a
Rhume
, that hangs on both sides his mouth, so that ere long he may be
Chapfall'n
. This
Malady
hath been much exasperated by an ill
prepared flux
, which hath left him more of
Mercury
than
Venus
in his Body. Ask my Lady
Lake
else, who did what woman could for him, plyed him with
Cordials
and warm
Plaisters
: but
broke his head
when she said,
She wondred hir Cozen
Heveningham
would have to do with so rotten a woman
. As she wounds some, so she
shaves
others; for she has made Mr.
Love
a wofull Example, who never wore any beard since her first acquaintance.
Oh, let us not now forget Mistris
Duns
, a Lady every jot as
Independent
as the former, she hath payed Tribute to all the Deputies of
Ireland
, and will not now forbear her Cosen
Cromwell
. Shee keeps mighty Intelligence too with his wife, and she with
Hugh Peters
, and
Peters
with Mistris
Ireton
, she with
Bradshaw
, he with Madam
Castlehaven
, as
Cromwell
with Mrs.
Lambert
.
Now enter my Lady
Craven
, at a conference over her Cups.
Fie sister fie; never a Beer-glasse of Sack to Sir
William Sidley's
health? yes, my Lady
Craven,
here's one, fill a Brimmer, to that part of my Sister
Craven
which Sir
William
loves best. 'Tis well fill'd , and fairely drunke. Now to do you right, my Lady
Mary,
here is to you; to the finishing of Sir
Williams
desires, let it be how, where, and when he pleases. Come, my Lady
Mary Howard,
take courage; though thy fortune be but small, yet having a good stroke, thou shalt drinke
Dormer
into Matrimony
.
Tis the wonder of the world, Why Sir
Kenelm Digby
, should be so mad for my Lady
Middlesex
, since he boarded her and the Gallies at
Scanderoon
much about the same time, and hath rid at Anchor ever since. Tis a very hard matter to know whether she be, a
Lady
or
Leviathan
. Sure, none but
Goliahs
weapon can fit her
Scabbard
, nor can any hand but his with the
six fingers
sufficiently
feele
her; and he that will please her (which she abundantly loves) must convert a
weavers beam
into a
dildo
. If she and Sir
Kenelme
go on with the
Match
, then let the
Saints
beware; for, I beleeve
Gog
and
Magog
will come of the
Progeny
.
But what thinke you of my Lady Marchionesse of
Winchester
and Colonell
Warren
? Though my
Lord
be her Husband, yet the Colonell is the man. Though my
Lord
have a good
Bable
by descent, and may play well, yet the Col. hits the
blot
oftner in his
Ladie's Tables
. She is often sick, and as often swels, and, by the opinion of all
Doctors
, no cure is like that in private with her Colonell.
Boles
was an able fellow too once, before he came to be my Lady of
Bath's
Gentleman usher: But you may guesse how the VVorld goes with him now; for he
dwindles
every day, and (some say) the
Calves
of his legs are left in his Ladies Belly; so that when my
Lord
expected a Son, God knows it proved a
Moon Calfe
; and had it grown up to have
horns
, my
Lord
might then have hoped it was of his own begetting.
Poor
Jack Young
! my Lady
Monmouth
bites hard too; for, she hath drawn him so low, that he will never make
Mummy
; and therefore intends to prefer him for a living
Skeleton
to
Surgeon's
hall, as a very neat Subject for an
Anatomy
lecture. And indeed, it is high time he were some way disposed of, for, his
fore-man
is so flag, and his hams so feeble, that my Lady is constrained still to cry out [
Thy finger againe
, Jack.]
I beleeve the
Parson
too is puzled, to interpret the barrennesse of my Lady
Stanhope
, she gives him the opening of many a hard
Text
, so that he will have much ado to resolve the
Tithe
, of her
Doctrine
into
use
and
Applycation
; for (tis known) she is much given to
Hunting
, and hath run down a whole
kennell
at a time for recreation. Her mouth is (like
mopsaes
)
O Heavenly wide
, so that her
Taile
being of the same size in dimension, 'tis possible
Stamford
may passe through her, booted and spur'd to seek
new fortunes
in
America
.
There is another notable
Lady
too, newly come out of
France
and knowes all the feats of that country, and is now set up in
England
, by name my Lady
Mountague
; all spirit of
Sulphur
: for, she takes fire immediately, and evaporates without conception; so that we must leave her to the skill of
Ben. Weston
, to provide a Son for my Lord
Montague
, as the
Prince Elector
did for my Lord
Moulgrave
. And if ever
Ben.
mean to effect it, let him keep her
Ladiship
only to himselfe, and recall her
Ambassadors
, which lie
Leiger
for
strong backs
, in City and Country.
She trades not so openly, but others are as close; yet
Murther
will out: for, 'tis known well enough (though carried in private) how often Mr.
Villiers
hath come the
Back way
over a wall, to the fore way of my Lady
Savile
, alias
Sussex
; and she usually helps him down in her armes, for feare of a straining.
Newes, newes, The Dutchesse hath a Son and heir, in the absence of Prince
Rupert
. But ---- &c.
If Madam
Newport
should not be link't with these
Ladyes
, the
chain
would never hold; for, she is Sister to the famous Mrs.
Porter
(who of late plaies the
Macquerela
in the behalf of her owne Son;) and to the more famous Lady
Marlborough
(whose Paint is her
Pander
.) This Lady
Newport
leads the Lord
Bellasis
in one hand, and
Iack Russell
in the other, and cuts a kindnes so equally
between
them, that Sir
Kenelm Digby
needed not have come in to decide the controversie. Yet having beat the
Bush
so often, there's no reason but he should catch the
Bird
, and these two
Gentlemen
, when he comes, be turned loose to ruminate the Favor.
And that this
Lady
may not go without her fellow, if you are
coloured
, my Lady
Elizabeth Darcy
, appeare as
Stanhope
, alias
Chesterfields
Daughter. Take confidence, such as your Sister
Stanhope
did, when she met
Hatton Rich
upon the stairs, whilst her Husband (good man!) was making his
Will
. Manage your designe well; there is no feare but you may trail both Sir
Andrew
, and Mr.
Glascock
, as long as they can crawle, and you smile. These are very tractable
Gent.
and hot-mettal'd; the harder you stave them off, the fiercer they come on; the longer you hold them in play, the more will the
prize
be valued. This
Madam
is like a
Politique Merchant
, in our
Commonwealth
, and (if she be not taken off by Preferment) may chance to spoile the Trade of all
Stallions
in Pension, by teaching the rest of the Ladies how to prize their Commodities.
My right hand would forget it's cunning should the example of all women be left out, my Lady
Cullen
, who in my Lord
Riche's
time was called my Lady
Mary Cokaine
, but varied her name when she began to teach Souldiers how to order the
Pike
. This
silken-Granado
hath blown up many a Garrison; for she ever
fired well
, wounded one
Captain
so that he lies in still, fell furiously on many others; and she has one
Trick
, that if you will not charge her, she'll charge you. Upon these tearms she met with a
Colonell
, one
Stamford
, whom when she had worn out one way as well as the other, she
cashired
him for want of
pay
, and took over his head
George Porter
, whose designe is to
Levell
her even with his owne principles. On the other side, she, having smelt his
Plot
, begins to grow weary of him, and plies the
Countermine
, but knowes not how to admit another, because his
Mother
and his
Wife
stand
Sentinell
at her elbow. It is intended, the life of this
Lady
shall ere long come out in
Folio
.
But 'tis an old
Proverb
, there can be no
Play
without a
Foole
in it. Alas poore Master
Pembroke
, who twelve months since was an
Earl
, but now being made a poore
Commoner
of
England
, hath rallied his
forces
, and finds it necessary to cashire my Lady
May
, my Lady
Banbury
, and my Lady
Crompton
, having been very angry with her, and desired her to resolve him of this Question,
She dun'd him beyond reason for Money.
Whether he shit Gold
? This poor over-ridden
Gentleman
lies now at
Rack and Manger
, with a Chambermaid of my Lady
Herbert's
.
'Zounds
, we are now in a Godly Family; and they that are the only people in the world, that know to order
Women
: for, the
Father
keeps two wives and a Concubine, as prisoners. The Lord his son (a poore
Commoner
too) rid his hands of one wife, and keeps this very close, though
Jack Griffith
be in
France
; and so doth
James his
too, though my Lord of
Oxford
be in
Holland
. As for
Jack
, with his
Spider's shanks
, his
Mistresse
is not arived to fourteene yet, or else he would take the same course as his Brothers, for feare she should suck of the same
Teat
with her
Mother
.
VVee cannot name my Lady
Crompton
too often. VVhen
Tom. Temples
stock could hold no longer, neither in
Wit
nor
Money
, she laid him aside like a ridiculous
Foole
, and jump't in with my Lord
Molineux
, who whipt up her Belly here in
England
, and then she got a
Passe
to go to her husband in
France
, that he might father the
Bantling
. My
Lord
and she are parted since, but how, it is not known; only we heare of great resolutions against
Teeming
, professing shee will venture no more for Children: but we fear she must have one more to please my Lord
Broncker
.
Heigh, now for the nine
Worthies
, who above all deserve the
Breeches
, to ride astride to the
Devill
. And to lead the
Van
, march couragious yong Madam
Peterborough
, whose Earl is a
Wittoll
, and her father was a
cuckold
, gramercy old
Peterborough
. This Ladie makes nothing of 3. Gallons of
Usquebagh
to Mr.
Staffords
health, and whatsoever the
Gentleman
lends her, his wife payes him again in the same
coyn
at home, according to my Ladies
maxim
, which sayes,
Shee's too much Phlegme, a husbands faults can smother;
If he take one, tis fit you take another.
Next, enter Madam
Peter
, who was tried by the Prince
Elector
, and
Harry Compton
was his
Taster
. This will neither settle Mr.
Vowell's
eyes, nor his Conscience; for, he hath liquored her with many a
Pot
, and tosted her, and she promises much in her
cups
. Besides her faculty in drink, she is good at all
games
, but especially at cogging the
Die
, and the
Cod-peece
. [Though we cannot rank her Aunt (my Lady
Mary Sheldon
) among the
Nine
, yet it being pitty they should be parted, she may passe for an
Appendix
, being so fast hung to my Lord
Peter
, that his
Lady
rambles without suspition, and sets down this for a
maxim
of our
Commonweale
;]
That
Ladies
when their
Lords
new loves do mind,
Should, in revenge, like
Cats
unto their kind.
'Twere pitty the
Third
should be left out who ought to have been first in order. Shew as confident, as you speak, Mrs.
Phil. Mohun
, whose
Rhetorick
is
Ribaldry
, whose Element is
Drinke
, whose wit is in
Baudery
, and whose Beauty is blasted with her own Breath, it being a damp that will kill a
Spider
. She swears with a
bon-grace
, makes
offensive
and
defensive
War; offensive with
Sherwood
, whose Lordship is an Asse,
defensive
with
Lenthall
, whose courage is wit. This
Lady
will be sure to match the man, if she knows the length of his weapon. She is often purged, but vowes
drink is the best Physick
, and delivers this
maxim
;
If any thing make women more divine
Than men, it must be quick and mighty wine.
Make room for the
Fourth
, (with the new-elected Colonel
Corbet
) by name Mistris
Harris
, sister to the forementioned
Lady
, who neither in
quantity, quality, action, Passion
, nor any other
Predicament
, is any whit lesse remarkable. She hath lived these 30. years in the same extremes that the rest of her
Sisters
now begin with.
Tom. Temple
, had never been arrested for the 200l. if he could have plied her
busines
in earnest, as well as laugh at his own
Jests
, Let old gouty
Ash
of the Parliament take heed; for, that in the
nose
is not so easily cured as that in the
Toe
, and the Cavalier
Corbet
, & his Mistresse may chance to make him crosse
'Pothecaries
Bills, and
baudy reckonings
, instead of the
accompts
of the Kingdom. For, after a full
beerglasse
, she set down this too for a
Maxim.
The
Members
ought, now
Cavaliers
are poore,
If they will share a
Mistresse,
pay the
score.
The third of the
Sisters
makes up the
fifth
of our
VVorthies
. Enter Mistris
Cambell
, with a
piss-pot
on her head, a
pipe
in her mouth, & a
pintle
in her Tail.
Ash
runs through this Family, as his brothercommoner
Howard
(known heretofore by the name of Lord
Howard
) runs through the Family of the
Murray's
, and hath made most of their Issue free
Denisons
, being more
English
then
Scotish
. We understand by Master
Cook's
books at the
Bear
at the
Bridg-foot
(who must needs be an exact accomptant, having been a
Committee-man
) that from
Midsummer
to
Michaelmas
, 100 pound sterl. hath been bestowed by Master
Ash
upon this
Lady
, in
VVine
and
Tobacco
, to cherish her in the maintenance of her most rare
Maxims
; of which the chiefe is,
She that with pure
Tobacco
will not prime
Her Nose, can be no Lady of the time.
Now for a
Worthy
in good earnest, my Lady
Wildgoose
(alias
Velledicus
, alias Mistris
Salkeld
) who reckons continency either to
husband
or
Servant
, the worst of the seven
Deadly Sins
; having lately resolved to try all that will try her, though she pass the most
fiery tryall
. Many a sad journey hath she made; but of late two into
Scotland
, to fit her
English
measure, according to the
Italian
with S.
Bernard Gascoign
. She finds VVine of a rare quality; for it saves the charge of
Vermilion
for her
Beake
, being at great expence upon her cheeks. This Lady playes as well at
Best
as the
Beast
; drinks well; swears enough for six of the nine, and hath been often a Caterwauling with Sir
Iohn Morley
. Her
Maxim
is.
'Tis not enough that
Ladies
drink, whiff, whore,
Except they swear
God-dammees
by the score.
And now since the
widdowes
weare the
buskins
, let them tread the stage boldly; and so enter two more of our
Worthies
at once
Aunt
and
Niece
, my Presbyterian Lady
Stapleton
and my Lady
Campion
the Cavalier, the one Being drunk at the receit of the newes of her husband's death out of
France
; the other very jolly, with Master
Howard
of
Barkshire
in her arms, at the newes of her Husbands death at
Colchester
; and since that, she hath a
Rubbers
every weeke with no lesse then five, for variety. The controversie betwixt these two is, who can drink most, and then they quarrell for the conquest.
Tom Temple
and Col.
Iephson
are their
Seconds
; the first of whom lost his
haire
and the other had like to have lost his
one eie
, in deciding the busines. But what care these Ladies? Their
maxim
is,
She is no
Mistresse
though she rants, drinks, Swears,
That doth not set her
Servants
by the ears.
To bring up the
Rear
of the
nine
, enter the incomparable Lady of an old
Low-country
Colonell, by name
Cromwell
; who hath run through most of the Regiment, both Officers and Souldiers. Since her coming to
England
, she hath traded never a jot the lesse in the
low-countries
; loves Wine, and of all Wine,
Sack
in Glasses; and of all Glasses,
Beer-Glasses
. She keeps a
free Port
for all
Mer chants
and trucks with all Languages and Nations. Shee is controller of the
Club
among the Ladies; is excellent at the beginning of healths,
viz. To the best in Christendome
, and at the ending of stories, for, she fits them all with a
baudy Comment
. She is Honored with the title of
LadyGovernesse
to the three illustrious
Sister-VVorthies
, Mistris
Mohun
, Mistris
Harris
, and Mistris
Cambell
, her chiefe designe is to reconcile and compose all differences betwixt the two former, and then when these foure are together, there will be a society for the
The Devil Tavern.
Devill
, their
Maxim
being this;
They're fooles that will not these examples follow,
And once a week meet at the great
Apollo
.
If any of these
Ladies
want a
pouder'd and patch't old fool
to wait upon Them, let them send to my L.
North
, whose Coach and himself will be ready at a Call; especially if it be upon a visit to my Lady
Kent's
about supper time, where they are all upon
Free-Quarter
.
By way of conclusion we are in the last place to give notice of certain
Ladies
, called
Coursers
, whose Recreation lies very much upon the
New Exchange
about 6. a clock at night; where you may fit your self with ware of all sorts and sizes. But take heed of my Lady
Sandy's
; for, she sweeps the
Exchange
, like a Chain'd Bullet, with Mr.
Howard
in one hand and
Fitz Iames
in the other.
There is my Lady
Katherine Scot
with Mr.
Salkeld
.
The new widdow
Sandys
with Col.
Bredridge
.
The Lady
Montague
with Mr.
Brown
.
The 2. Mrs.
Skipwiths
, with Sir
Iohn Morley
.
Mrs.
Wintour
in contemplation of
David Walter
.
Mrs.
Kirk
with Col.
Rainsford
.
The Lady
Mary Sheldon
with Mr.
Vowell
.
Mrs.
Luson
and Sir
Thomas Sandys
.
The Lord
Blaney
and Mrs.
Roper
,
The Lord
Middlesex
and the Lady
Thimblebee
.
Mrs.
Wild
and Mr.
Touchet
.
The Lady
Crompton
and Mr.
Cranfield
.
Mrs.
Wenman
and my Lord
Denbigh
.
The Lady
Cary
and
Dudly Sonds
.
Mrs.
Crew
and Mr.
Broncker
.
Mrs.
Finch
for a
VVhiffler
.
Mrs.
Jones
and
George Colt
, and sometimes Mr.
Coghill
.
Mrs.
Kingsmell
all alone.
The
Corbet
Family with who they can get.
The Lady
Fulgeum
with the Lord
Northampton
.
The Lady
Peter
and the Lord
North
.
The Lady
Downs
and the Lord
Sherwood
.
The 7. Sisters of the Lord
Sandys
, and the foure Mistris
Somes's
, very fleet
Coursers
.
The Lady
Norton
and Mr.
Edwards
.
Sir
Thomas Longevile
hopping before twenty women, and the Lord
VVindsor,
Cum multis aliis, quas nunc perscribere longum est
.
These, and many more you may buy; but beware you repent not your Bargain. In our next
Annals
(if the humor hold) we will give you a more particular Relation. In the mean time,
God bless the
Authors
from the Blades that swagger;
From Poyson, Pistoll, from the sword and dagger.
A Post-script to the intelligent Readers.
Martialis lib.
6.
Epig.
45.
Lusistis, satis est; lascivi cedite Cunni:
Permissa est vobis non nisi casta Venus.
Lib. 5. Epig. 6.
Crispulus iste quis est, uxori semper adhæret
Qui
Mariane,
tuæ? Crispulus iste quis est?
Ne scio quid dominæ teneram qui garrit in aurem,
Et Sellam cubito dexteriore premit?
Nil mihi respondes? uxoris res agit, inquis,
Iste meæ.
Res uxoris agit? res nullas Crispulus iste:
Res non uxoris, res agit iste tuas.
Lib. 7. Epig. 9.
ad
Olum.
Centenis futuit
Matho
millibus:
Ole
quid ad te?
Illud dissimulas ad te quod pertinet,
Ole
,
Quodq; magis curæ convenit esse tuæ.
Uxor Mæcha tibi est: hoc, ad te pertinet,
Ole
,
Sed quid agas, ad me pertinet,
Ole
, nihil.
Lib. 9. Epig. 42.
Pontice, quòd nunquàm futuis, sed pellice lævâ
Uteris, & veneri servit amica manus:
Hoc nihil esse putas? soelus est, mihi crede, sed ingens,
Quantum vix animo concipis ipse tuo.
Ipsam, crede mihi, naturam dicere rerum;
Istud quod digitis,
Pontice,
verdis, homo est.
Lib. 11. Epig. 23.
Divisit natura mares; pars una puellis,
Una viris genita est: utere parte tuâ.
FINIS.
A TRUE DESIGNE OF THE LATE ERUPTION OF MOVNT ÆTNA IN SICILY
Ao
1669.
A.
Mountaines raysed by ye Eruption
.
B.
ye Eruptions
C.
Arch of M: Marcello
D.
ye Castle of Catania
E.
The Fiery Current falling into ye Sea
A True and Exact RELATION Of the Late
Prodigious Earthquake & Eruption
OF Mount Ætna, Or,
MONTE-GIBELLO
; As it came in a LETTER Written to His Majesty from
Naples
By the Right Honorable
The Earle of
Winchilsea, His Majesties late Ambassador at
Constantinople
, who in his Return from thence, Visiting
Catania
in the Island of
Sicily
, was an Ey-witness of
That Dreadfull Spectacle
.
Together with a more particular
Narrative
of the same, as it is Collected out of severall Relations sent from
CATANIA
.
Published by Authority
.
Printed by
T. Newcomb
in the
Savoy
, 1669.
A true and exact Relation of the late prodigious Earthquake and Eruption of the Mount
Ætna,
or
MonteGibello,
as it came in a Letter written to His Majesty from
Naples,
by the Right Honourable the Earl of
Winchilsea,
His Majesties late Ambassador at
Constantinople,
who in his return from thence, visited
Catania,
an eye witness of that dreadful spectacle
.
May it please your
Majesty
,
IN my Voyage from
Malta
to this place, wherein I have used all the diligence the season hath given me leave, I touched at the City of
Catania
in
Sicily
, and was there most kindly Invited by the Bishop to lodge in his Palace, which I accepted, that so I might be the better able to inform Your Majesty of that extraordinary Fire, which comes from Mount
Gibel 15
miles distant from that City; which for its horridness in the aspect, for the vast quantity thereof, (for it is
15
miles in length, and
7
in breadth) for its monstrous devastation, and quick progress, may be termed an Inundation of Fire, a Floud of Fire, Cinders and burning Stones, burning with that Rage as to advance into the Sea
600
yards, and that to a mile in breadth, which I saw; and that which did augment my admiration was, to see in the Sea this matter like ragged rocks, burning in four fathom water, two fathom higher then the Sea it self, some parts liquid and moving, and throwing off, not without great violence, the stones about it, which like a crust of a vast bigness, and red hot, fell into the Sea every moment, in some place or other, causing a great and horrible noise, smoak and hissing in the Sea; and thus more and more coming after it, making a firm foundation in the Sea it self. I stayed there from nine a Clock on Saturday morning, to seven next morning, and this Mountain of Fire and Stones, with Cinders, had advanced into the Sea
20
yards at least, in several places; in the middle of this Fire, which burn'd in the Sea, it hath formed a passage like to a River, with its Banks on each side very steep and craggy, and in this Channel moves the greatest quantity of this Fire, which is the most liquid, with Stones of the same composition, and Cinders all red hot, swimming upon the fire of a great magnitude; from this River of Fire doth proceed under the great Masse of the Stones which are generally three fathom high all over the Country, where it burns and in other places much more, there are secret Conduits or Rivulets of this liquid matter, which Communicates Fire and heat into all parts more or less, and melts the Stones and Cinder by fits in those places where it toucheth them, over and over again; where it meets with Rocks or Houses of the same matter (as many are) they melt and go away with the Fire; where they find other compositions they turn them to lime or ashes, (as I am informed.) The composition of this Fire, Stones and Cinders, are Sulphur, Nitre, Quick-silver, Sal-Armoniac, Lead, Iron, Brass, and all other Mettals. It moves not regularly, nor constantly down hill; in some places it hath made the Valleys Hills, and the Hills that are not high are now Valleys. When it was night I went upon two Towers in divers places, and could plainly see at
10
miles distance, as we judged, the Fire to begin to run from the Mountain in a direct line, the flame to ascend as high and as big as one of the highest and greatest Steeples in Your Majesties Kingdoms, and to throw up great Stones into the Air; I could discern the River of Fire to descend the Mountain of a terrible fiery or red colour, and stones of a paler Red, to swim thereon, and to be, some as big as an ordinary Table. We could see this fire to move in several other places, and all the Country covered with Fire, ascending with great Flames, in many places, smoaking like to a violent furnace of Iron melted, making a noise with the great pieces that fell, especially those which fell into the Sea. A Cavalier of
Malta
, who lives there, and attended me, told me, that the River was as liquid where it issues out of the Mountain, as water, and came out like a Torrent with great violence, and is five or six fathom deep, and as broad, and that no stones do sink therein. I assure Your Majesty, no Pen can express how terrible it is, nor can all the Art and Industry of the world quench, or divert that which is burning in the Country. In
40
dayes time it hath destroyed the habitations of
27
thousand persons, made two Hills of one,
1000
paces high, a piece, and one is four miles in compass, as Your Majesty will see by the draught that I take the boldness to send herewith; it was the best I could get, but hath nothing of the Progress into the Sea; the confusion was so great in the City, which is almost surrounded with Mountains of Fire, that I could not get any to draw one, but I have taken care to have one sent after me for Your Majesty. Of
20000
persons which inhabited
Cata nia, 3000
did only remain; all their Goods are carried away, the Cannons of Brass are removed out of the Castle, some great Bells taken down, the City-Gates Walled up next the Fire, and preparation made all to abandon the City.
That Night which I lay there, it Rained Ashes all over the City, and Ten Miles at Sea it troubled my Eyes. This
Fire
in its Progress met with a
Lake
of four Miles in compass, and it was not only satisfied to fill it up, though it was four fathom deep, but hath made of it a
Mountain
.
I send also to Your
Sacred Majesty
a
Relation
in Print which the
Bishop
gave me, wherein the Beginning is Related, and several Curious Passages. I most humbly beseech Your Pardon for the hindring
Your Majesty
so long from Your better Employments: And I beseech You, Great Sir, ever to believe I Love and Reverence Your Person above All Expression: for, I am
Your Majesties
Most Obedient, Most Humble, and Most Faithful
Subject
and
Servant
Winchilsea.
Naples the 27 of
April
7 of
May
. 1669.
A Particular
NARRATIVE
Of the late Dreadful
Earthquake
AND
IRRUPTION
As it is Collected out of several Relations from
CATANIA
.
M
Ount Ætna
, or
Monte Gibello
, a Mountain so Renowned throughout the World for its height and greatness, but much more for those Prodigious Flames, Smoak, and Ashes which it hath cast out from the top of it, whilst the other parts are continually (even in the midst of Summer) cover'd with Snow, has been for many Ages observ'd once, or sometimes oftner, in the space of about fifteen years, to throw up more than ordinary Flames, with much Smoak and Stones, and great quantities of Ashes, which (though terrible to the neighbouring Towns and Villages) was yet wont, in little time, to abate of its fury, and prove but seldom more injurous to the Countrey near it, than by communicating largely its ashes, which though for the present it did somewhat incommode them, they had afterwards a considerable Compensation in the product of their Lands, which by this means were render'd more fruitful.
But on Friday the
18/8th
of
March
1669. the Sun was observed before its setting to appear of a pale and dead colour, which (being contrary to what it ever before appeared to
us
) struck no small terror into the inhabitants, all Objects appearing also of the same colour, with a paleness received from that of the Sun. The same night happened in this City as well as the whole Countrey hereabouts, a terrible and unusual Earthquake, whose strong and unequal motions, joyned with horrible Roarings from
Monte Gibello
exceedingly frighted the Inhabitants, but was so extraordinarily violent in the Countrey adjacent, that the people were forced to abandon their houses and to fly into the Fields to avoid the danger threatned them from the falling of their houses. The Village of
Nicolosi
was of all others the most dreadfully handled by this furious Earthquake, the houses and other buildings being shaken all in pieces, and buried in their own Ruines; the poor People (who had preserved their lives by a timely flight, with such little of their Goods as their hasty fears would permit them to carry out with them) continued a night or two in the fields, beholding with grief and astonishment the ruine of their habitations: but observing that by these violent concussions, the Earth began to open in several places, and to threaten them with inevitable ruine, they fled, though with much trouble and amazement to this City. These shakings of the Earth being so frequent and violent, that the People went reeling and staggering, with much difficulty supporting one another from falling, in so much as what with their want of sleep, the pains they were forced to take in travelling, and the great terrors imprinted on them by what they had seen and suffered, they appeared at their arrival in this City as so many distracted People, wholly insensible of what they did.
This dreadful convulsion of the Earth was immediately followed on Monday
March
11. about 10 at night by 3 terrible Eruptions, much about the same time, and at little distance one from the other.
These said Eruptions were observed to be on the side of
Monte Gibello
, about 2 miles beyond the Mountain called
Montpileri
, from whence with a terrible noise it threw up its flames with much fury and violence about a hundred yards in height, its noise not roaring only inwards from the belly of the Mountain as before, but violently cracking like peales of Ordnance or thunder, from the side of it throwing out vast stones, some of them of 300 pound weight, which being (as it were) shot through the air, fell several miles distant from the place, whilst the whole air was filled with smoak, burning Cinders, and ashes, which fell like a fiery rain upon the Country.
In the mean time issued from the side of this Prodigious Mountain a vast Torrent of Melted and burning Matter, which, like an Inundation, Drowned, as in a Flood of Fire, the Countrey on this side of it.
This Burning River ran down upon the Mountain
Monpileri
, which, opposing its direct course, it divided it self into two Streames, which encompassed the said Mountain; one of them taking its way by
La Guardia
, the
Convent
of St.
Anne
, and
Malpasso
, the other by the Towns of
, and
Falicchi
, which in few hours were wholly destroyed and lost, not so much as any sign of them remaining, with several lesser Villages and Farmes, and with them the Famous
Image
of the blessed Lady of the
Annunciata
; which, though highly Reverenced throughout the whole
Island
, esteemed the Wonder of
Sicily
and the whole World, and to which the People with much Devotion resorted in Pilgrimage from the remotest parts, was also swallowed up and consumed by this dreadful Torrent.
This Fiery and burning Deluge immediately spread it self to above six mile in breadth, seeming to be somewhat of the colour of melted and burning Glass; but, as it cooles, becomes hard and Rocky, and every where in its passage leaves Hills and Pyramids of that Matter behind it.
At the same time
Monte Gibello
from its top raged with dreadful Flames, which with its Noise and Concussions of the Earth still continuing, added not a little to the Terror of the People, who ran with Cries and Lamentations about the City and Country, expecting nothing but to be swallowed up, or consumed by Fire, having no other apprehensions but of Death, and a General Conflagration.
The two Torrents of Fire forward, destroying all things in their way, and by Wednesday,
March
13th, had on the West side branched it self into several Streams, and overran
Campo Rotundo
, St.
Pietro
, and
Mostorbianco
, with
La Potielli
, and St.
Antonino
; and on the East part ruin'd the lower part of
Mascalucia
, and
Le Placchi
, taking its way towards this City.
On
Thursday
the 14th, the Wind came Eastwards, on which day fell abundance of Rain, which abated not the progress of the Fire; which on the East side had from
Mascalucia
made its way to St.
Giovanni di Galermo
, the lower part whereof it destroy'd; and passing on seem'd to
threatned
this City on one side, as did that on the West-side the other.
As the Fire approached the Religious every where appeared with much Devotion, carrying in Procession their Reliques, especially those of
St. Agatha
, the famous Martyr of
Catania
, in which they reposed no small confidence, followed by great Multitudes of People, some of them Mortifying themselves with Whips, and other signes of Penance, with great Complaints and Cryes, expressing their dreadful expectation of the Events of those Prodigious Fiery Inundations.
Whil'st the People were thus busied in their Devotions, and astonisht by their Feares, News was brought to the Magistrates of the City, that a considerable number of Thieves and Robbers had taken the opportunity of this general Distraction, to make a Prey of the already distressed People, and that they had Murdered several of them for their Goods; and that it was to be fear'd, that the City of
Catania
it self might run some danger from the great numbers of them which were about the Country, and from thence took their opportunities to get into the Town. Whereupon, consultation being had for the prevention of farther mischief from them, the Commander of the Castle was Ordered with a considerable number of Horse, and a Party of
Spaniards
, to secure the Country and City against these Robbers; who immediately sent out several Parties with his provostMarshall, with Order to seize on all suspected Persons, and such as were not able to give a good account of themselves: and, for such as were taken in the Fact robbing, to Execute them by Martial-Law, without any farther Tryal, and accordingly caused three pair of Gallowes to be set up for their speedy Execution; one before the Gate
Di Aci
, a second in the
Market-place
, and a third before the Gate
Della Decima
, setting strong Guards upon the Gates of the City, and causing all suspected Houses to be searched, and Account to be given in of all Lodgers, and such persons to be secured, as could any wayes fall under a Suspition.
The poor People out of the Country being by this Prodigious Calamity stript out of all their Estates, and reduced to great extremity, fled most of them for refuge and reliefe to this City, with great Lamentations moving the Charity of the Magistrates, which was readily inclined to give them the best assistance they were able; and the Citizens, moved by their Complaints and Sufferings, freely open'd their
Doores
Doors, filling their Houses with as many of those distressed People, as they could possibly receive; the Bishop, and all persons of Quality and Estate contributing largely for their support, till better Order could be taken for the disposing of them.
The City of
Messina
also, and several other Cities (informed of this extraordinary Calamity) sent Hither large Supplies of Provisions, offering their best assistance to this place, in case of extremity.
All the Elements seemed at this time to make War upon us, and to conspire together for the punishment of the Inhabitants: The Ayre was continually darkened with Clouds and Smoke, agitated by great and violent Winds, and oftentimes showred down great Raines, insomuch as the Sun from the begining of these Eruptions, very seldome appeared to us, and when it did, (with extraordinary paleness,) for a little time only, and (as it were, abhorring so dreadful a Spectacle) soon hid its face again under a thick Cloud.
The Sea ran much higher than it was wont to do, and by its extraordinary Roaring, and in some places over-flowing its Bankes, added not a little to our consternation. The Land every where infested with Thieves, insomuch, that till by the extraordinary care taken by the Magistrates and Officers, severe execution was done upon such as were apprehended in the Fact, no person was able to stirr abroad without danger of his life; whilst the Fire by this prodigious overflowing of the Mountain, threatned to take possession of all.
On Friday the 15th. the stream of fiery Matter which destroyed the lower part of
St. Giovanni di Galermo
divided it self into two parts, one of its branches taking its way toward
Mosterbianco
, the other threatning the City of
Catania
, but this last was observed to move with more slowness then before, having in 24 hours time scarcely gained one mile.
On the 18th being Monday, the Torrents being still seen to draw nearer and nearer to this City, the Senate with Monsegnior
Cambuchi
the Bishop of this place, followed by all the Clergy Secular and Regular, and an infinite number of people went in a solemn Procession out of this City to
Monte de St. Sofia
, carrying out with greatest Devotion their choicest Relicks, and upon an Altar erected in view of the Mountain, exposed them, where they celebrated Mass and used the Exorcismes accustomed upon such extraordinary occasions, all which time, the Mountain ceased not as before with excessive roaring to throw up its smoak and flames with extraordinary violence, and abundance of great stones, which were carried through the Air, some of them falling within their view, though at ten miles distance from the Eruption; the Ashes which proceeded from thence were scattered in great abundance, as well on this City as on the Countrey adjacent, every where in the Fields with Cinders, and the heat of the said Ashes destroying the Grass, which obliged the people to drive away their Cattle to a farther distance, which would otherwise have perished for want of food.
These streams of ruine daily crept neerer and neerer to this City, but by uneven and irregular motions, according as it was more or less supply'd from its fountain; but on Wednesday the 20th we perceived that that branch of it which seemed most to threaten this City from
St. Giovanni di Galermo
was wholly extinguisht, and the o ther which bent its course towards
Moster-bianco
ran but slowly and gave us some hopes that its fury was also near spent, but the other Torent which had before overflown
Mosterbianco
, continued its motion with as much violence as ever, being in breadth above a Musquet shot over; but in probability could not easily overflow to the Westwards which was defended by its Rocky scituation; another branch which ran by
Santo Pietro
was observed to be much larger then the rest, and its stream more quick and active, but meeting with some opposition in its way, it made some stop, onely sending out a Rivolet toward the Eastwards about three or four yards wide, of its most subtle and active matter, which directed its course towards a small Village about a furlong distant from its main stream; another Branch threatned
Campo Rotundo
, but bent its course westwards towards the Farme of
Valcorrente
, where its Fiery body was scattered into several deep and rocky places, without any considerable damage.
About this time we had hopes that the violence of this eruption had been over, the Mountain not throwing out its flames with that violence as before, and its noise and roaring in a great measure ceased.
Those who at nearest distance took a view of the Mountain, informed, that the top of it, was fallen in, and the Mountain supposed to want near a mile of its former height; that the largest of the Mouths from whence these Fiery streams were vented, was about halfe a mile in compass, but the view of this dreadful inundation carried so much terror in it as they were not able to express; from all these Mouths were vomited Rivers of a thick and fiery substance of stone and Metals melted, whose depth was various according to the several places it filled in its passage, in some places 4, in others 8, 12 or 15 yards and upwards; its breadth in some places 6 miles, in others much more; its flame like that of Brimstone, and its motion like that of Quicksilver; advancing ordinarily very slowly, unless where it was provoked by the addition of a fresh Torrent or some considerable descent. Wheresoever it passed, it left large heaps of its congealed matter, with which it covered and burnt the earth, melting the walls of Castles and Houses, throwing down and consuming all before it, nothing being yet found able to resist its force, nor any thing able to quench its burning, water being observed rather to add to its fury; wheresoever it has passed, it has left its dreadful marks behind it, levelling some hills and raising others, so much changing the scituation, that not the least trace of any place or Town remains, nothing being to be seen but confused heaps of ragged stone, which yielding a noisome fume, strikes terror and astonishment into all that behold it.
On Friday the 22, the Mountain again roared with much loudness, and threw up from its Mouths a vast quantity of matter, which formed two large hills higher and larger then that of
Monpilori
, with a large bank of the same matter to the Eastwards, sending down a violent stream of its liquid matter towards
Malpasso
, much enlarging the former Current, and passing thence to
Campo Rotundo
and
Santo Pietro
compleated the ruines of those Towns, driving furiously towards
Moster-bianco
; the other stream by
Santo Giovanni de Galermo
being wholly diverted and extinguisht.
From this time till the 25th, the Mountain continued silent, but then it burst out again with more force than ever before, its noise much louder, like Peales of Ordnance, and so forcible and lasting, as for 24 houres it caused a shaking and trembling in our Buildings, the Ayre so filled with Smoak and Ashes, as darkned the Face of the Sky.
The Birds and Fowle about this time, either through want of Food, or illness of Ayre, which was corrupted with the noysome smells arising from these Burnings, were observed to lye dead in all places.
On the 28th. the Grand Current was advanced near the City as far as the old
Capucins
, which struck so great a Terror into the People, that most of them left the City, only some Officers remaining with such persons as were under their command, who have secured and sent away the
Magazine
and all the Artillery from the Castle.
A Later
Relation
from
Catania,
bearing Date the 27th of
April,
gives us this farther Account
: viz.
THe Dreadful Inundation from
Monte Gibello
having destroyed many
Castles
and
Towns
, with an infinite loss, and utter ruine to the Inhabitants, arrived lately with a renewed Force at
Mostor-bianco
, which it has wholly ruin'd; from thence passing on to
Albanelli
, in four Dayes space destroyed all the Gardens and Vineyards, with 63 Thousand Vines.
On
Wednesday, April
16. With an Impetuous Fiery Torrent it came towards
Sardanello
, where all the remainder of the Inhabitants of this City were Spectators of it, which resembled a River of melted and burning Brass, about ten Ells wide, running with swiftness to the Arch of
Marcus Marcellus
, a Famous Piece of Antiquity, and passing under it ruin'd about 6 Ells of it, which was the breadth of the Current in that place: from thence it ran to
Madonna di Monserrato
, which it wholly destroyed: then falling down to
Madonna delle Gratie
, it entred in at one Gate, and passed through another, without any considerable hurt, and running through the Gate
Della Decima
, filled all the Plaine
Di Schiara Viva
, where it was above six Ells deep. Then taking its way towards the Bulwark, on the Sea-side, under the Castle of this City, it ran by, two Ells deep into the Sea; in which, (to the great wonder of all that saw it) it has made its Progress a mile in length, and as much in breadth, and is drawing towards the Gate of the Channel, which gives us great Apprehensions, least it may that way Invade the City it self: Nor is there less Danger on the side
Del Tindaro
, where there runs a great Torrent of the same Active matter, which drawes near, and seemes to threaten the Walls, and is in that place about a mile in breadth, having over-flowed and destroyed all the Gardens, from the Gate
Della Decima
, as farr as
Madonna delli Amellati
.
A LETTER OF ADVICE Concerning Marriage.
By
A. B.
LONDON
, Printed for
William Miller
at the Gilded Acorn in St
Paul's
Church-yard, near the little NorthDoor. MDCLXXVI.
A
LETTER
Of Advice concerning
Marriage
.
Honoured Cousin,
I Received yours of the second of
July
last, acquainting me with several Overtures lately made you in the way of Marriage, and requiring my Counsel for your Choice; which, as a matter of moment, I have accordingly considered: yet being a stranger to the party you mention, shall, in lieu of particular Directions, offer you such general Cautions, as (if duly apply'd) may at least secure you from the common but fatal Miscarriages of that Condition.
'Tis an useful Observation, That though the raising of Families be peculiar to Men, yet in preserving them Women are concern'd; there being many Domestick Offices, which, though Nature, Custom or Opinion have rendred them unfit or unseemly for Husbands, are yet for Wives not only decent but commendable; and to common welfare so necessary, that the neglect of them is seldom without decay: Hence that thred-bare saying,
If you will thrive, look how you wive
. In which single respect, the very sloth and incapacity of most women now-adays (especially Heirs and Fondlings, bred even to a contempt of Huswifery) is without profuseness a defect scarce to be repair'd by fortune. Wherefore to one that hath already a solid Estate, not to be acquir'd, but well managed & gradually improv'd, 'tis certainly upon this account more profitable to purchase the Wife, whose thrift is it self a yearly, nay weekly revenue; than for one to compass a lump of Money with an excessive Rentcharge atending it: But if to such defect should be added the affectation of our present Court and Citypomp (and what better can be there expected?) no Bank confines such a Torrent, nor can any Pile of wealth afford Fewel for such a Flame; the quantity serving only to accelerate the Consumption.
For doubtless to that Sex an Expence belongs, which though never so demurely carried, far exceeds that of Men; but meeting with Quality and Vanity, knows no measure. Maids, I confess, acting purely for themselves, and for the most part making a Virtue of Necessity, may perhaps with their singular affected Parsimony, with other notable shifts, smother and palliate this expensive humour:
indeed
it is their Master-piece so to do. But then in the change of their condition (and withal concernment, it should seem, by Marriage) like an unnatural restraint, without extraordinary discretion and kindness to their Husbands, it breaks forth with double violence: their Train is much longer, their Visits and Collations more sumptuous and frequent, their Dresses more curious and elaborate than ours; their Journeys infinitely cumbersome and expensive: Not to mention there Childbeds and Gossipping, to the due equipage whereof all Trades must conspire: yet where are the men that consider this? Can we then expect it from Women? Their partiality is such, that though they cause double the Charge, yet if they bring but half the Estate, they reckon, that as purchasers they have right to spend: a prejudice with our Gallants so general, but withal dangerous, that were it duly weighed, it would strike at the very root of Marriage. Suitors therefore we see are obliged by no means to consult their Reason, much less their Arithmetick; Ignorance may well be styled the Mother of their Devotion.
Howbeit I would not be construed herein to declaim against Marriage: one may I hope blame the Corruptions of Lawyers without irreverence to the Law. Error is but a Foil to Truth, and by redressing abuses, the regular use is best establish'd. Marriage we know is a state necessary both to the Conservation and Comfort of Mankind, consecrated by God himself, who would never have instituted and so recommended it, were it not most consistent with our well-being; but the best perverted, proves the worst: and in nothing hath there been a greater departure from primitive intention than in Marriage, to the bane and scandal of Society.
The root of this, as of all other evils, is Covetousness; but by the fate of irregular Appetites so dazled, that it shoots at random very wide of the mark. To such as observe the shrewdness of Covetous men in all other pursuits, it may seem a miracle, that herein they should act with so little foresight; and might perhaps be referred to divine Justice, thus arraigning their ill-gotten Estates. But alas, their Example, with the same they carry for wisdom, hath misguided persons of better Principles; whom to reclaim were methinks a publick service: Wherefore leaving those to their incorrigible vice and delusion, I frame my discourse to you, who may communicate it to some honest Gentlemen of your acquaintance, where you judge it needful or useful.
Our Gentry may now be considered under four Conditions or Capacities;
viz.
Such as have little or nothing to trust to; such as have bare Competencies; such as have fair Estates, but encumbred or expectant; and such as have ample and clear Fortunes.
How needless it is for the first of these to marry needs no proof; yet if some favourable opportunity should tempt them so to endeavour the improving their condition, which they can hardly much impair, they are partly excusable: only let them not too much triumph in their purchase, nor be surprised if they mend not by their change of Climate, for some that have tried will inform them, there is no Villainage to the Apron-tenure. If in any case such Matches have success, 'tis with Cadets of the Nobility, whose high Birth serves to ballance the Wealth, and bridle the arrogance of women.
The second rate of Gentlemen in former times were observed frequently to advance their Estates by Marriage; but it was in the Golden age of Female innocence, ere they had tasted the Tree of Knowledge; whilst their Breeding was strict, their Appetites regular, their Wills governable, and even Heirs were not therefore the worse Wives: The Scene is dangerously altered; those Pleasure-boats now adays carrying such Sail, as without skilful and happy Steerage must needs overset in our Seas. Hence with Gentlemen of indifferent Estates, when they go a Fortune-catching, it commonly fares as with the Dog in the Fable; their prizes in the upshot proving worse to them than Blanks: our Politicians therefore recommend to them Marriage Alamode; Yet not to flatter the Vice and Prejudice of the Age; I dare maintain, That prudent Wedlock is even for such the more thriving state, and no such Bugbear as some of our Wits represent it; there being instances enough of our best Gentry with moderate Estates, both living honourably & providing well for Posterity: and nothing now more familiar than to see some rich with 500
l.
a year, to the envy and reproach of others that are poor with their Thousands: For as Citizens say of their Shops,
Home seldom fails to keep those that keep home
.
To Gentlemen of the Third Rank,
viz.
whose Estates are expectant or incumbred, 'tis indeed more expedient to marry for Riches, yet is not such obligation equal to all; neither indeed seems it requisite but in particular cases, where discretion perhaps would rather dictate the preferring of single Life, or at least the deferring of Marriage; for Instance: If to a certain fair expectance there be for the present only a bare pension.
I know it is a Maxim authorised by current pra ctice, That encumbred Estates are best cleared with Marriage-portions; but it proves a treacherous Cure, neither indeed is it a proper expedient: For if the Estate be great and the Encumbrance comparatively small, an easie sale would best discharge it, leaving the Patrimony sound and the Owner free. And one who having thus settled his Affairs, and afterwards weds to his best Choice, shall sooner thrive and purchase than the most prosperous Fortune-catcher. But if the Debt be a dangerous Sum, the payment of it by Marriage is next to desperate; it faring with such Adventurers as with Privateers, who, betwixt the charge of Rigging, hazard of missing and triumph of getting Booties are in all Events destined to be Bankrupts. Like cold Drink in a Fever, it cools the mouth, but inflames the blood; and at best helps no otherwise to patch up an encumbred and declining Condition, than doth an outward Prop to support a crazie Building. Much might however be alledged in excuse for those, whose exigencies so stimulate and perplex them, that they neither freely act nor clearly judge; whereas our Gentlemen of large and entire Estates, when they wrack upon that Coast, are purely to thank themselves.
You will tell me, Marriage now lies under great obloquy, as a Phlegmatick state of Life, yielding no variety but of trouble; fit only for the blew or Leathern-apron, but uneasie for men of generous Minds and free Fortunes, presumed not to brook such restraint of their Conversations and Appetites: 'Tis represented as the Purgatory of Persons and Canker of Estates; nay, the Rules of the King's Bench (if some of our Wits may be credited) have more El bow-rom: for oft methinks it proves so, the greater their reproach, who so fondly abandon their true interest, and disparage it; there being certainly no real inconvenience which well-advised Marriage imposes, no honest freedom which it denies to men of plentiful Estates; rather many advantages peculiar to it, it being their great Prerogative, that their Choice is in effect unconfin'd: For we daily see, that the owner of a fair and plentiful Revenue, dispensing but with Portion, needs not despair of success almost in any other pursuit; and 'tis no less certain, that to persons of such Fortune Portions are superfluous.
The most common and plausible excuse of our ignoble Matches, is the same Scare-crow which frights so many from marrying at all, forsooth, the apprehension of being over-charged with Children, to the clogging of their Estates, or at least abridging of their Pomp: A consideration at best otherwise: For since by singular Providence, even Families of ordinary Rank and Estate, in stead of being burthened, are notably supported by numerous Posterity. How secure from that danger must our eminent Landlords be! rather what Latitude have they for Bounty, with allowance for some Vanity!
But there is one mistake common to great Landlords and great Princes, or rather Parallel between them. Great Princes were ever noted to place all their Glory in Conquest, supposing, that if with infinite Charge and Hazard, to the oppression of their subjects and neighbours, they added one little Province of their own acquiring to their vast Dominions and Titles, they gave a sufficient account of their Sceptres: Whereas they then pursue the real Interest of Empire, when by due execution of good Laws, and careful obedience of their People, they govern more securely, nay, more absolutely than the Sultan doth with his Scemitar; rendring small Territories equivalent to Monarchies. With like prejudice great Landlords, even those that carry the fame of Wisdom, amuse and perplex themselves in pursuit of somewhat to be acquired by Marriage or purchase, no doubt as a Trophy of their good conduct; forsaking in the mean time their more noble and solid advantage, which consists in the generous Fruition and gradual Improvement of what they already possess. 'Tis one of the sorest evils under the Sun, the very Canker of wealth, like the Worm in the Gourd, that one already seized of a vast estate (more perhaps than he hath heart to use or Brain to manage) should harass or but disease himself in the acquest of some little accession: more brutish herein than Beasts who being in rich Pastures, break no Fences, nor look any further. How happy were it, could such but be acquainted with the goodly privileges and improvements of their Estates by discreet enjoyment; so at least, as not to seek what they have, and dearly buy, or rather sell and betray their own Fortunes! To see a Gentleman of Estate, out of the Usurer's reach, and without colour of Exigence, not rashly, but industriously and with great ostentation of wisdom, for sorry pelf and lucre, expose himself, with all his hopes and advantages, to the venture (indeed certain mischief) of an unworthy Match; what is it but to be suborn'd to his own manifest wrong, and hired as it were to destroy himself? such errour being every way surrounded with repentance.
In the first place, 'tis an authentick Observation, That great Portions are commonly attended with great disappointments and frauds; however, that Land is rarely therewith purchased or Estates improved, almost as seldom as with Moneys won at play; they serving for the most part rather like Sawces to humour the palate and whet the appetite, than food to nourish; dangerous Fewel, and Decoys of vanity and expence. I grant that such as have little or no other fund oft-times speed better with them; partly by reason of the thrift to which they have been obliged, little being from such expected; chiefly for that great kindness on the Womans side, being the ground-work of such Matches, disposes them to chearful compliance: Much like Offices and Court-employments, which though commodious for Cadets, yet with great Landlords we find scarce turn to account. When the Bills of Wooing, Wedding, and Honey-year are defraid, the Baste I doubt proves more than the Roast.
Yet in pursuit thereof, the Fortune-catcher disclaims all those nobler Considerations and Attractives, most of which are singly without comparison to be preferr'd, but some inestimable, for that by Nature, Precept or Example they are propagated, (
viz.
) lovely Feature and Shape, graceful Motion, sound Constitution, Gayety of Humour, Quickness of Wit, discreet Behaviour, approved Huswifery,
&c.
In lieu whereof he oft-times both stifles his Affections and buries his Family, by marrying certain Barrenness or Infirmity, courting imperfections which carry with them an Attainder of Blood. At best, he blindly subjects even his present Fortune to the discretion of a woman taken at random from the Lottery of a licentious Age. For with what Arms shall he defend himself from her Wantonness, Malice, or but Folly? Some indeed oppose the Husband's Authority as a sufficient Target; but alas! our Prisons, I doubt may now afford a full Regiment of such Martyrs: so dangerous a Privilege hath it prov'd of late for our fair Ladies to be unconcern'd in Debts of their own contracting, and so make their Husband's
Mittimus
at their pleasure. Stay, there is yet (if possible) a sharper Sting in the tayl of this Miscarriage; for to win those unprofitable Trophies, vast Joyntures, and even Liquid Rents are often extorted, Conveyances and Trusts are multiplied to dangerous Expence, but far more dangerous Encumbrance; indeed the endless perplexing of Claims and Titles, a fruitful Sedolet of pernicious Suits and Discords in after-times. Troth, if the Husband henceforth write
Philip
and
Mary
, 'tis all he can hope for: She reckons his Estate her Purchase, and disputes his Property; not to lie admonish'd without Sullenness, nor controll'd without the menace of a final Breach, and intimation of worse, the danger of Elopment being fairly provided for by sutable Alimony of course presum'd: towards which, and for the perfect binding of foolish Jealousie to its good behaviour, on the same worthy Consideration whole Patrimonies are likewise settled; whereby at one dash the sheepish Owner, forfeiting as it were his Inheritance becomes a sorry Pensioner, devested of all Authority, unable to serve his Prince or Friend, or help himself in case of any Exigent unforeseen. His eldest Son he makes his Landlord of an interest wholly forreign and independent, able to borrow more pounds than himself can fairly shillings; and claiming not by descent, much less by his Father's bounty, but by even his own or his Mothers purchase, or at least the wise provision of his Parents on that side. No marvel then if his Obedience prove answerable, since without some preternatural Obligation, 'tis daily seen what becomes of filial Duty and Reverence. His younger Children, like Estrich's Eggs, he exposes to pity, that is, contempt, and the miseries that attend poverty and quality in conjunction; oft-times disabling himself so much as to countenance them in a Mechanick Course, with such manifest hardship, that he can never look clearly on them, nor almost challenge their observance. Thus it happens to his Family, as where Dung lies still unspread; the whole Farm is Barren, and the
Maxim
noisom. But besides all this, to me methinks it is not a little strange, that in the very Bargain such Fallacies should be obtruded on men endued with Number and Sense. First the Portion is computed to yield an Income answerable to the Current Rate of Interest, and measures for Settlement accordingly taken; whereas, though it came clearly to account (as scarce ever it doth) yet with Gentlemen of noble and free Estate, whose stock seldom runs in that Channel, 'tis fair if it turn to half that profit; and then 'tis admitted as a Revenue proportioned to the present Maintenance and Port of Wives: when, alas, were it fairly examined, not grosly swallowed like a Dutch Reckoning
Altmeale
, it would but too plainly appear, the Pomp of such Women is rarely defrayed at double the charge: For so great is their overweening, so little their tenderness or Justice to their Husbands (into whose Families they are not kindly engraffed) that those who at their Parents allowance were proud enough of keeping their Maid, and gloried in the Managery of a sorry Stipend, do, on their Marriage, even challenge an exorbitant Train and boundless Expence, little caring what becomes of their Husbands, so they hold fast their Joyntures.
On the other side, a generous and prudent match, is further improved with divers Felicities naturally attending it; which I shall endeavour by way of
Antithesis
to exemplifie in many pregnant Instances.
To those golden Idols of course belongs a superstitious worship, with such tedious and frivolous addresses and pursuit for the most part, as, besides the present Excess, lays a foundation for future unthrift, (a Torrent which is scarce to be suddenly check'd;) so driving men upon all accounts to a scurvy After-game. For though the Oaths of Suitors are become a By-word (as for their Vanity they deserve) yet at best they are dangerous impertinencies, scarce consistent with Wisdom or Honour. To vow a Talent with meaning a Drachme, to flatter egregiously without ground of Truth, how vile and abject is it! And if such as use it meet with the success they merit, by being taken at their words, are they not paid in their own Coyn? For how can they worthily assert that Authority which they have so prostrated? And with what Forehead can they chal lenge that Duty, where they have sworn such Fealty and done such Homage? He at once cuts off all this Pageantry, who appay'd in his Self-sufficiency without other regard, gratifies his inclinations, makes his own Conditions, and is courted to his real advantage: he breaks not his word, in keeping and using his power, nor renders himself Usurper to his own Right; but finds her indeed a Wife whom he never made a Mistress, nor furnish'd with any pretence of aspiring to it. How little soever she brings, I dare profess, that at seven years end, on this account, he shall boast of his Bargain.
It hath been noted as the fatal Error of our common Oeconomy to begin at the wrong end, by indulging present Excess, and projecting future Thrift: We see goodly Vessels daily split upon that Rock; whereat none will marvel that consider how preposterous and almost impracticable it is, from the difficulty of playing the After-game of Fortune and reforming evil (but especially voluptuous) Habits; from the daily growing charge of Children and their Education, as also from the disrepute attending such Retrenchments. Besides, of what consequence in it self considered must it be to save or spend at first? Since a stock timely saved, may be easie improvement in some years double its Capital; but a Sum early borrowed shall within the same period quadruple its Debt: whereby the perpetual plenty or penury of Families, with all the ensuing benefits or mischiefs seem chiefly hereon to depend. Hence that homely but useful Proverb, of taking her down in her Wedding-shooes; which to Wives not intoxicated with Fortune is familiar enough: where as those Courting stocks, from the Cradle cockered, and only wedded to their Wills, are not to be convinced but by late Experience, the curst Schoolmistress of Fools.
No man is so unvers'd in houshold or worldly affairs, but must observe how good Families are preserved, and both interest and repute advanced by the honourable Residence of Landlords upon their Demesnes, by constant absence or frequent motion undermin'd and eclipsed: Insomuch as some stick not to averr, that before the common use of Coaches, few but Traytors or Felons made shipwrack of their Freeholds. Indeed if the Husband should be forth by occasions or on publick Service, yet what hath the Wife to do, but stay at home, and as a trusty Deputy act for his interest by his order in his stead? Her House is her proper Sphere, her best Title that of Huswifery; which if she merit not, she is so far from being a help meet for him, as she is certainly his great encumbrance. But is this the practice of our Female-sparks? are these the Maxims of such as by the false measures, and with the natural arrogance of rich Wives, ever fancy they have over-bought their Husbands and under-sold themselves? Do they espouse their Husbands welfare, or but consider it in competition with their own ease, appetite or humour? What noise is heard but the loud Eccho's of their Fortune, with challenge of Equipage and Expence in their Judgment sutable, that is, vastly exceeding it, and such as few Estates can support? Is not Home their banishment, and
London
indeed their home? If their Lot be not to live in that or some other good Town or place of like charge and diver tisement, what exceptions are taken! what objections and delays contrived! The Air is either too moist or too cold, too thick or too thin; the ways thereabouts to be sure are either dirty or stony; the House too solitary or too near a Street, not of modern Fabrick, or modish Furniture: The Gentry of those parts not Courtly; not a man it should seem within ken qualified for a Gallant; the Commonalty rude,
&c.
Possibly they are at length hal'd to their homes as to Prisons, but hir'd, forsooth, with the Donative of a Child's portion or two, to purchase Toys for the Wife, and therewith quiet for the Husband. Being placed at the Helm of a good Family, like a Monkey at the Steerage of a ship, their first care is to solicit acquaintance, and their main business consists in the Ceremony of receiving and returning visits; their Entertainments finding work for three or four Servants, their very Salutations and Appointments too for almost as many: so that here to act the part of good Husbands in the Vulgar notion both to Wives and Estates, to gratifie the one and preserve the other is perhaps next door to impossible.
The good Nature of Children singly considered is of greater moment and advantage than wealth, the improvements of it being far more excellent, and the miscarriages less reparable. For what recompense of Fortune to a Creeple, a diseased Body, an uncomely person, above all, a crooked Mind? and what Portion equal to those personal Endowments, the propriety whereof neither Fortune nor malice can invade? To this eminent Duty the true Huswife dedicates her time and pains: her Children are her Garden, her Park, nay her Court. In their tender years her business is to protect them from disasters and injuries, to secure their health and growth, to observe their Genius, to instruct them in their best Capacities, yet rather leading than driving them, and supplying their defects with her skill and diligence; in all which her thrift is sutable to her tenderness. Her Sons she early resigns to their Father's Discipline, never interrupting it with pernicious fondness: In their riper years, she insensibly trains them to laudable Qualities, (yet for use not ostentation) her Lectures and Charms chiefly tending to the banishment of pride and sloth. Having thus seasoned them with Principles of Thrift and Content, she scrapes not for portions, nor is solicitous of their preferment, which she trusts may succeed to her wish, as commonly it doth; however she acquits and satisfies her self with this reasonable confidence, that if they prove not fortunate, they can scarce be miserable; which yet to our delicate and shiftless Dames frequently happens. But will our She-gallant now adays admit any such vulgar duty as the tendance of her Children; surely, that she leaves for Mechanicks, assigning the drudgery thereof to Hirelings, who accordingly perform it to treble Charge and Expence, as needless, as fruitless: she hears not their complaints or wants, much less sees them, but in their sad effects, incurable lameness or sickness, to the sudden expiring even of fruitful Families; no, the importance of her Dresses or Treatments affords not leisure for such trifles; or if to supererogate she mind them by fits, yet through her partiality or uneven Temper, such regard proves worse than neglect. On her Sons (especially the eldest) of course she dotes, underhand fomenting their stubbornness to the overthrow of whatsoever their Father with his Wisdom builds. In fine, her chief care is to cultivate their pride, the rankest Weed of our Nature, by good parents so industriously subdued: To her own
Idea
she frames them, for indeed better Principles or Manners than she hath how should she infuse? so that people in the Streets scarce forbear to proclame them Chips of the old Block; and at last in despite of their Father's provision, 'tis great odds, they marry either to his disparagement or their Husbands undoing.
The exact survey of their own Estates is a skill and employment more worthy of prudent Landlords, than some other their Entertainments, plausible indeed but not practicable; were it more in request, good Families would not so fast decline. It would impartially discover to them their strength or weakness, and acquaint them what indeed they have to spend; which I dare pronounce is seldom half so much as Fame and Opinion suggest unto them: For computing Revenues now adays with their manifold losses and Reprises, they prove in effect like some fruits, little more than Shells and Parage; which how generally soever discours'd, is seldom rightly stated, save by such as have smarted for their Experience of it. But how harsh a note is this to our Damsels, enured to reckon by thousands! Can they disgorge what they have so well digested, or patiently hear, that in the estimate of their Husband's Income, there happen'd, forsooth, an unlucky mistake of Pounds instead of Nobles? Alas! that might endanger the gilding of their next Coach, the reduce ment of their Equipage, their forbearance of
London, &c.
No, there's a trick worth two of that, even to set the best foot forward; not to brook such unsavoury Truths, but rather to their own and their Husband's Credit, to admit the popular Cry, and with it conspire to his Bane.
Of like necessary use is it to be vers'd in the Rates and Measures of houshold Expence, which in wellgovern'd Families should be almost as regular as the victualling of Fleets; to have the faculty of handsom, but withal provident House-keeping and Entertainment; of procuring Equipage and Furniture of all sorts at the best hand, likewise of adjusting, preserving and repairing it: for want whereof our English Ladies are said to have contracted such obloquy in
Holland
, where by reason of the constant dearness of Provisions, and endless Payments, no man of what Estate soever without great frugality can thrive or well subsist, that a Dutch man scarce marries one of them without the loss of his Tradingcredit. Some of these Qualities the right-bred Huswife sucked in with her Mothers milk, others she learned with her
ABC
, and for the rest proves no Truant, her Genius being active, and fixed on the
Idea
of Huswifery as its proper object; wherein her defects, if any, are of course supplied by her Husbands Experience, whose Advice, whether directory or monitory, finds her ear always open to it. But what hope of enammelling a mere Flint? what thought of instructing persons too dull to apprehend of themselves, too froward to learn? Offer our Female Libertines any Counsel that trenches on their Vanity, or pinches their Sloth, 'tis at best
durus ser mo
, and accordingly with them it speeds; reckoning or contrivance, it should seem, are as much below their breeding as Thrift: Rather they have conferr'd notes with the good Fellows, whose generous Maxime, they say, is to drink as long as the Cup will
ramn
; the utmost extent of their Husband's credit (if they can carry it by hook or by crook) being the only limit of their Expence: otherwise Estates could not be so commonly blown up without noise, and as it were with white Powder, nor mouldred away by good, that is, demure and well-meaning Wives, faster, methinks, than even bad Husbands dispatch them.
Of Wives advisely taken from a frugal Stock, the same proof may resonably be expected as of Trees chosen out of a Nursery, the Glebe wereof is found but barren, and remov'd into a richer Soil; or like a Rhenish Grape transplanted into a Southern Climate, the Race whereof is said to be our right Canary. Such are commonly unacquainted with delicacy or sloth, and early seasoned with this Principle, That their esteem for Virtue and Huswifery is their best Portion: so as the improvement of their Condition by Marriage to their Native Qualities, must needs add that of Content and Complacence, than which nothing is in Wives more amiable. The Restraint of others proves their Manumission, and they are apt to err on the safer hand, Retirement: or if their sprightly Genius with their Youth should incline them to the Gayety of Towns and Treatments, yet not being naturalized thereto by Custom, they are by the sense of their Duty or personal Engagement without violence reclaimed. Nor is this happy Temper only considerable in it self, but in the soveraign influence it hath on their Husbands, thereby often wean'd from their Extravagancies: whereas there is no Purgatory to the unquiet Conversation of some Wives, when their boundless appetites or lofty expectations are not gratified. The turbulency of such, if
Solomon
may be credited, turns a Palace into a Cottage, or, if we will trust Experience, into
Bridewel
or
Bedlam
. Nay though it be but the common Chagrin, and little moods of our peevish and affected Dames, the endless impertinence of them too often so disturbs men of better Principles and Humour, that finding themselves uneasie sojourners in their Houses, under pretence of Civil Inclination, have courted their divertisement in the freedom of Lodgings at
London
, or welcome of Inns and Taverns which their Purses command. But then whilst the Lawless freedom of these Planets by inviting Courtship, if it betray them not, yet seldom fails of exposing even the best of them to their Husband's just resentment, nay to Lampoons and Vulgar Censures, with indelible stains of Honour; the wise and decent Reservedness of these fixed Orbs, as it worthily endears them to their Husbands, so it preserves no less their Fame than their Virtue, and perfumes their Memory.
And as there is nothing more fulsom than the pride of these goodly Cyphers at the Spring-tide of prosperity, so in any ebb of Fortune, by their drooping and whining they at best discover their dross. Take from these Birds of
Juno
their Train, and is there ought so vulgar, indeed so despicable? But though their Spirits sink, 'tis great odds their Spleens rise; and then whether the decay proceed from publick Calamity, private misfortune, or, as too oft it happens, through their own fault, Reason and Patience give place to Fury and Clamour: the portions they brought are aloud objected, and their Husbands (though indeed the chief, if not the only sufferers) arraign'd for betraying their innocent wives to the distress of missing their Coaches and Liveries: the noise and anguish whereof is to ingenuous Natures so sensible, that it drives them as it were in their own defence to purchase their present quiet with ruinous compliance and concealment of their Exigencies; it being observ'd that our Domestick breaches (now so familiar) have generally their rise from the first visible decay of Husbands in their Estates, and their necessary abridging the superfluity of such Wives: for they are mere Summer-friends, and a sort of Legal Concubines; their love depends on their fare, and no Penny, no
Pater noster
, is their Principle. What a Cordial is this to men in affliction! such a female Comfort for all the world had
Job
. Much happier is the Omen of generous Matches, Desert being the womans Dowry: To such the vicissitudes of Fortune are no surprisals. The Virtue of their Education qualifies even their prosperity, and for the most part secures it: but if the same wings of wealth which brought it to them, should carry it from their Husbands, they retreat in order, and easily renew their old
acquaintance
with Thrift; nay, with less reluctancy can they go, if need be, to
America
, than most Wives are drawn from
London
into some neighbouring County; as owning their Husbands welfare for their only interest, and that for their Country whither his occasions call them; whose very Eclipse by such chearful aid and compliance proves to him a state rather of Temperance and Retirement than want.
But lastly and chiefly, great Portions (as before was hinted) are dearly purchased with answerable Joyntures to the exceeding detriment of good Families, by keeping the Heirs almost in perpetual Nonage: whereas by dispensing in point of Fortune, all such pretences vanish, and moderate provisions (consistent with the well-being thereof) are chearfully embraced; which being accordingly made
in
Bar of Dower, and (for the greater share) limited to continue only during Widowhood, are likewise the best, perhaps only sufficient Fences against those fatal Trespasses and Disseisins, which commonly ensue from the rashness of young wantons in the choice of their second Beds: the Fortune-catcher through his silly purchase and groundless confidence, proving in the mean time little better than a Pimp to his ignoble successor, and a Butcher to his posterity, expos'd almost as a certain prey to the Intruder. For daily experience acquaints us, that as Widows (so continuing, and honourably retaining the name and memory of their first Affections) are of all others the most faithful and happy Guardians and Executors; so there is no hostility to the unnaturalness of Mothers, when forsaking as it were their Colours, and betaking themselves to the adverse party, they become a kind of Stepdames to their own Brood.
I foresee you will meet with several Objections, commonly urged in excuse of that ignoble Principle and practice,
viz.
the dispensing with any thing in Marriage rather than Money, and compassing the Golden Wedge on any terms, which with one of your Judgment must even carry little weight: however I shall briefly examine the most material of them.
'Tis alledged
1.
That these Maxims and Assertions, at least divers of them, are obnoxious to the fair Ladies frowns.
2.
If the maintenance of Wives be so costly as is here surmised, and if there be such failour or contingency in the Revenue of Land, the greater still the obligation of marrying for Money.
3.
By dispensing with Portion sutable to the Estate, men incurr the popular Censure of being overreach'd in their bargain, and so forfeit the esteem for discretion.
4.
Joyntures answerable to the Quality of Husbands, and our Legal rate of Dower seem decent if not necessary.
5.
Settlement of Estates upon Marriage hath been ever reputed and found the best preservative of them from being squandred by the profuseness, or forfeited by the precipitancy of Youth.
6.
Straitness of Fortune is generally attended with meanness of Education.
7.
There are no such Qualities in women as can recompense want of Portion, nor any such defects as to counterpoise a vast Dowry, and therefore those surmises vain.
8.
Such is the Lottery of Marriage through the disguises of women, that the whole Advice seems fantastical; true worth having no outward Mark.
9.
'Tis confin'd to Gentlemen of great and clear Estates who are few, and therefore at best of little use.
10.
Even of such the
greatest
part marry at an age scarce capable of those Counsels, being sway'd by their amo rous inclinations; and whatever caution is used in the Bargain, yet by the insinuation of crafty Wives 'twill be afterwards easily defeated.
11.
To redress even abuses of such prescription is a frivolous Enterprise, neither will men be so dazeled with meer flourishes, as not to see and pursue their solid Interests.
To the first 'tis readily answered, That all fair and deserving Ladies will, I doubt not, take me for their Advocate; and if they smile, the frowns of others shall the less concern me: under that Imperial Banner I assure my self both of safety and victory.
To the second I cannot better reply, than by referring to the several
Antitheses
betwixt Huswives and Gallants; which, together with the notorious fallacy and encumbrance of great Portions stop the mouth of this Objection. To say the truth, 'tis with women as with Fire and Water; nothing so destructive where they prevail or exceed, nothing so innocent and useful in their proper limits.
To the third; Men should act with Reason, not regarding popular Censure, their real welfare being of greater consequence to them, than the verdict of that incompetent Jury. As to their being overreach'd, may not the retaining the Dominion of their Estates abundantly salve their Credit? Surely they will be so far from fearing the Censure of wise men, as rather to win their applause, and perhaps invite their imitation.
The fourth might better have been urged formerly, when Widows were indeed such. But if in moderate and limited Joyntures there be Errour, 'tis at least a safe one, reparable at pleasure, in case of special confidence or desert; the other mischief in case of demerit, being irretrievable: nay, the very reservation of Power in the Husband to oblige or resent is perhaps the life of his Authority.
To the fifth, Though no humane Providence be entire and complete; yet the absolute dependence of eldest Sons on their Father's bounty is the likeliest means to secure their Duty, and curb their Perversness and Extravagance: however let them at least owe their ruine to their own, not their Father's folly; and if perish they must, die rather like men than beasts, ordained to be innocently sacrificed.
The sixth reflects untowardly on our Gentry, who though disabled to raise Mountains for their Daughters, yet oft-times recompence that want with generous and usefull Breeding, such as Money perhaps cannot compass, and will therefore disdain that Vulgar scandal.
The seventh bids defiance to common Experience, which affords frequent Examples of Wives, by whose Huswifery, without advantage of Dowry, weak and encumbred Estates, even in adverse times, have been notably rescued and improved: but of eminent Landlords by hundreds, without any visible improvidence of their own, strangely undone through the Vanity of women. Nay, there is scarce any numerous Brood, which presents not this variety even among Sisters; some whereof were born for the support of Husbands, others for their downfal: so considerable is that Sex to the Lustre or Eclipse of Families. Indeed were Wives but so just or goodnatur'd as to continue their Maiden-thrift in their married State, Husbands would grow but too rich.
The eighth reduces the matter to blind Chance, disabling not only Reason but Sense. Much I allow to the Artifice of Women in appearing to advantage, and with such outsides sordid Minds are affected, like greedy Vermine caught with slight Baits; there would not otherwise be such Devotions paid to such sorry Saints: But men of noble Intention are not so enchanted; Real worth being to such as discernible from Affectation, as fine Silver from Alchymy, or true Beauty from Dawbing.
For the ninth, I admit Gentlemen of entire Estates to be herein concern'd, but not exclusively to persons of all degrees having any solid Fund of Revenue; these Maxims being proportionably Universal.
The tenth is grounded on the presumption of inexcusable Fondness in most that marry. Truly I have not of late observ'd that amorous humour to be very predominant in our Matches; the other and worse Extreme of preferring a Licentious Celibate, or marrying with a vicious intent, being, methinks, in far more request. Some there will ever be, in whom Fortune and Folly conspire to their ruine: These I abandon as Strays and Forfeits to the Lord of the Mannour where they first light; but they are comparatively fools. The danger of defeating Conditional Settlements seems yet more remote, there being little fear of such dotage in those Husbands who had once the Prudence to make them; and less encouragement, one would think, for Wives, by such plain dealing, to proclaim their design of Second Marriage.
The last were indeed a just Exception, if herein I pretended to more than the advising my Friend: The subject I confess is copious enough; one might without straining argue the importance of it to the publick, what price, and consequently what life it would give to the languishing Virtues of Women; what a Curb it would prove, not only to that Sexes Vanity, but to Luxury in general, it being notorious that in effect all our ruinous Pomp may be charged on womens account, as being either by them, or for them incurred. What a sumptuary Law it would prove, if the extravagance of Wooings and Weddings were reduced to their simple Decorum; How it would restore the Lustre of our Gentry; how it would check the pride of our Money-monger; chiefly founded in their greedy swallowing of his treacherous Baits; How it would advance the noble interest of Land, by rescuing it from the snare of cheap and prostitute Encumbrances,
&c.
But you see I trouble not the Policks, leaving our Wits to dispute, whether the general disallowing or limiting of Marriage-portions were profitable or practicable: Let others use their discretion, and take their fortune, you, I dare say, are neither Votary nor slave to Custom.
To conclude this tedious Epistle, Marry in God's name; your Ancestors deserve and require it of you, who both by their Virtue rais'd a Family worthy to be continued, and by their providence left you an Estate sufficient to continue, nay, to enlarge it. Let no licentious Principle of the Age divert, nor Vulgar Prejudice deter you from a state of Life for you so expedient; and which for Gentlemen of your condition, (what ever may be surmised) hath no Fet ters but of their own forging: Marry, I say, but generously and circumspectly, even the most worthy or lovely person you can meet with or hear of. 'Tis a debt due to your Posterity that you propagate the best you can; nay you owe it most of all to your self and your own welfare: if somewhat must be dispensed with (as in all worldly matters there certainly must) let it be money, since that to my knowledge you least want: but for the propriety of your Estate, let nothing wrest it from you, and scorn that all the Bags in
London
should decoy you to settle it: reckon it to you as sacred and essential, as to Princes their Militia or Negative Vote; and part no more with it, than, were you a Soveraign, you would be bought or cajol'd tamely to resign your Sceptre. For matter of Joynture use your own Latitude; but limit the main of it to Widowhood, or the Heir's Minority, as you see cause. Be not so supine as to make no provision against Power; above all beware of Liquid Rents: Be Captain of your own Pinnace whatever it cost you; what you lose in the Hundred, you will abundantly recover in the County; and though you finger not a Token, know 'tis the best bargain you will ever drive. For your general and final direction take that of the Roman poet,
Veniunt à Dote Sagittæ
: With this of the famous Epigrammatist,
Inferior Matrona suo sit, Prisce, Marito,
Haud aliter fiunt fœmina virque pares.
And thus heartily wishing prosperity to your noble Resolutions, I always continue,
SIR
,
Your Faithful Kinsman and Servant
A. B.
A True ACCOUNT OF THE CAPTIVITY OF Thomas Phelps, AT MACHANESS IN BARBARY, AND Of his strange Escape in Company of
Edmund Baxter
and others, as also of the Burning Two of the greatest
Pirat-Ships
belonging to that Kingdom, in the River of
Mamora
; upon the Thirteenth day of
June
1685.
By
THOMAS PHELPS
.
Hæc olim meminisse juvabit
.
Licenced
, August the 21
st. R.L's
.
LONDON
, Printed by
H. Hills
, Jun. for
Joseph Hindmarsh
, at the
GoldenBall
over against the
Royal-Exchange
in
Cornhill
. 1685.
To the Honourable
SAMUEL PEPYS
, Esq;
Sir
,
HAving by your generous Favour had the Honour of being introduc'd into His Majesties presence, where I delivered the substance of this following Narrative, and being press'd by the importunity of Friends to Publish it to the World, to which mine own inclinations were not averse, as which might tend to the information of my fellow Sea-men, as well as satisfying the curiosity of my Country-men, who delight in Novel and strange Stories; I thought I should be very far wanting to my self, if I should not implore the Patronage of your ever Honoured Name, for none ever will dare to dispute the truth of any matter of Fact here delivered, when they shall understand that it has stood the test of your sagacity. Sir, Your Eminent and Steady Loyalty, whereby you asserted His Majesties just Rights, and the true Priviledges of your Country in the worst of times, gives me confidence to expect, that you will vouchsafe this condescension to a poor, yet honest Sea-man, who have devoted my Life to the Service of His Sacred Majesty and my Country; who have been a Slave, but now have attained my freedom, which I prize so much the more, in that I can with Heart and Hand subscribe my self,
Honourable Sir
,
Your most Oblidged and Humble Servant
. Tho. Phelps.
THE
PREFACE
TO THE
READER
.
SInce My Escape from Captivity, and worse than
Ægyptian
Bondage, I have methinks, enjoy'd a happiness with which my former life was never acquainted; now that after a Storm and terrible Tempest, I have by Miracle put into a safe and quiet Harbour, after a most miserable Slavery, to the most unreasonable and Barbarous of Men; now that I enjoy the immunities and freedom of my Native Country, and the Priviledges of a Subject of
England
, altho' my circumstances otherwise are but indifferent, yet I find I am affected with extraordinary emotions and singular transports of joy; now I know what Liberty is, and can put a value and make a just estimate of that happiness, which before I never well understood, which observation agrees very well with a lesson in Morals I remember I have been taught,
viz.
that all Happiness here below is only Relative, and has a value only put upon it by Comparison, Riches and Abundance have their Measures of good and convenience, from the consideration of the Miseries and Inconveniencies that attend Poverty and Want; Health can be but slightly esteemed by him, who never was acquainted with Pain or Sickness, and Liberty and Freedom are the happiness only valuable by a Reflection on Captivity and Slavery, they who are
unacquainted
with, and have no notice of the Miseries of the latter, will never put a due Value and consideration upon the former; of which general Rule, the most part of my Country-men, I am sorry to say, are too particular an instance, who of all the Nations of the Earth are possessors of the greatest Liberty, but least sensible of the happiness; Here the Government secures every Man in the possession and enjoyment of what Gods blessing and his own industry has allow'd; Here even the Poor and Needy, the Impotent, and those whom the Hand of God has touch'd, have a comfortable subsistence, and plentiful provision against all extremities; Here the industrious Mechanick or Country-Farmer, can sit down at his Table better provided than many Barons of
Germany
, Marqueses in
France
, and Knights in
Spain
; in a word Slavery is so strange a condition to
England
, that to touch its soil, is
ipso facto
Manumission
, and the generality of the People have but little heard, and less understood the miserable State which the most part of the World is now subject to, so that the Plenty and great Liberty of the
English
Subjects is no great happiness to them, because they never weigh their Condition with what is the Lot of other Nations: Upon this consideration I have adventured to Publish this account of the Miseries I underwent, with many others, during our Captivity in
Barbary
, and of my Escape thence. My design is, Christian Reader, to work in thee by this true, tho' plain Narrative, some pitty towards the sharp sufferings of thy poor Brethren at the hands of Infidels; to instruct thee to prize the blessings of that pleasant place, where thy Lot is fallen, and where having only the benefit of Air, thou hast a goodly Heritage; and lastly with me, to Magnifie the Name of God, who in his word, commands us to tell what things he hath done for us, and to shew forth his works with gladness.
A True Account of my being taken, and Sufferings during my Captivity
.
UPon the 27
th.
day of
August
1684. I
Thomas Phelps
set sail from the
Downs
in a Vessel called the
Success
of
London
, about fourty Tuns, laden with Salt, bound for a place in
Ireland
called the
Ventrey
, where we arrived the 10
th.
day of
September
: I stayed there some while, and kill'd Beaf, designing for the
Madera's
and
Mount Surrat
; accordingly on the 20
th.
of
September
, I set sail for the
Madera's
, but my design was crost, and my Voyage stopt as followeth: Upon the 5
th.
of
October
(being then a Hundred Leagues,
West
off the Rock of
Lisbon
) we saw a sail to windward of us, which immediatly we found to give us chace; we made what sail we could from him, and night coming on, we had, for about Two hours, lost sight of him, but at the rising of the Moon, he got sight of us, and quickly came up with us, hailing us whence our Ship, we answered from
London
, demanding the like of him, who made answer from
Algeir
, and withal commanded us to hoist out our Boat, which we refused to do, but we brac'd our head-sailes for him, immediatly he sent his Boat towards us, when it was got almost by our side, we gave them Three shouts, which so surpriz'd them, that they thought it convenient to retire aboard their own Ship; We were not a little chear'd at their departure and made from them with all the sail we could make, for we had not one great Gun, and as for Powder, I believe one single pound was the outmost of our store: In the mean time he was hoisting in of his Boat, I had got above two miles from him, which made me think I was clear of him, and withal that the Ship must be an
Algerine
, she appearing so great, that, according to the stories in
England
, I thought no such Ship could belong to
Sallé
; But I found my self within a little while, mightily mistaken, for as soon as his Boat was hoisted in, he presently fetch'd us up again: We had try'd his sailing all ways, but found we could not wrong him any way; so seeing him a stern, and a thing impossible to lose sight of us, I put out a light for him, notwithstanding I was possest at that time (God knows) with fear enough, but I thought, in the Dark, my seeming confidence and resolution might impose upon him, so as to fancy I was of some force; And truly afterwards he confessed to me, that he thought I had six Guns aboard and that I did intend to fight him.
He kept a stern of me all night, and in the morning he put out
Turkish
colours, which I answered with our
English
; then he came up, and saw I had no boat in sight, for my boat was stow'd down betwixt decks, he commanded me therefore to brace to my head-sailes, and then he sent his boat to demand my pass; Aboard her was an antient
Moor
, who formerly had been a slave in
England
and spoke good
English
, and who was set at liberty by our late Gracious King
Charles
the 2
d.
He seeing us in readiness with what arms we had, ask'd me, if I had a mind to break the Peace, he told me I needed not trouble my self to keep them out of our Vessel, for none of them could be perswaded to come aboard me.
I brought him my Custom-house-Cocketts, for I had no Pass: The
Moor
aforesaid carried them to the Captain, but soon after returned, and told me that would not satisfie the Captain, unless the Master himself would come; I made answer that I would not come, that I had done what I was oblig'd to by the Articles 'twixt
England
and
Algiers
: The boat a second time put away for their Ship, and whilst they were hoisting in their boat, I made what sail I could, and was got a mile or more from them again, entertaining better hopes than I was in the night before; But as soon as the boat was in and stow'd, the
Moors
made sail and came up with me again, the Captain ordering to tell me, that if I refus'd to come a board him, he would come aboard me with his Ship; with that he rang'd up my Weather quarter; I immediatly put a stays, which put him into some confussion, so that he was forced to put a stays also: He had then no Gun, which I could perceive, I saw his Ports, and his Wast was Man-high: As I came about I run under his stern, then bore away right before the Wind, he soon came up with me, but not one shot pas'd all this while, he demanded of me why I clapt a stays for to run a thwart his halse; I answered that I doubted he was not of
Algier
, he swore in
English
, to me that he was, else before this he would have discover'd himself, and withal he told me, that if I did not come aboard, he would straightway sink me, and so he hoisted out his boat, in the mean time I boar away, but his boat coming up made me bring to again and brace a back; His boat then came aboard, I ask'd this
Moor
, who spoke
English
, what ship of
Algiers
this was, he very readily without stammering told me, she was call'd the
Tagerene
young
Canary
Commander, I immediatly then went into his boat; so soon as I came aboard, the Captain ask'd me why I was so hard of belief, My distrust was such then that I pray'd the Captain now that he had me aboard in his power, to resolve me whether he were a Sallé-man or not, he swore to me again that he was of
Algiers
, and that I should not be wrong'd; He made me sit down, and caus'd them to set Dates and Figgs before me: A little after the Captain told me that he was made acquainted by his men that they saw two
Portugueses
aboard my Ship, and that he would have them out, and then I should be gone about my business, I told him I had none such aboard, but he would see them two men, so two men were sent for, after that he told me there were three more and them he must have, well to be short, at last he was suspicious that I was a
Portuguese
also, and to convince me that I was one, I found my entertainment presently withdrawn? Thus did this faithless
Barbarian
serve me, until he had wheadled all my men aboard him except two, and then the valiant
Moors
entred my Vessel with abundance of courage, heaving the two remaining
English
over the head of the Vessel into the boat.
Thus were we all Strip'd, the Vessel Plunder'd in a moment, which they did resolve to have sunk, because they were too farr at Sea distant from their own coast, but Immediatly we saw five sail bearing down upon us, which startled the
Moors
, putting them into a great fright, obliging them to quit my Vessel with abundance of Beaf and three Boxes of dry goods aboard, which their fear would not give them leasure to rummage for: In some small time the five Vessels discover'd us, when they came within two Leagues of us, had they bore down afterwards with that resolution, that they threatned before, the Pirate would never have stood to look them in the face; but alass like distracted fearful game, every of the five Ships took a several course, and being now night they all escaped.
After that we cruised about thirty Leagues to the
West
of the
Northern Cape
, and so to the
Burlings
, but no nearer than Twenty Leagues to the shoar, and therefore I imagin there is more safety for small vessels bound that way, to keep the shore as near as is possible, for I know certainly they never attempt to come near, but endeavour as much as they can, to avoid the shoar because our Men of War use to careen at
Lisbon
.
I am likewise pretty well satisfied for that small time that I was amongst them, (altho' it was too long for my profit) that no Sallé-man will fight a Ship of Ten Guns, which I found true by observation of a Country-man from
Bristol
, whilst I was aboard: We came up with him and hail'd him, and would have had him put out his Boat, but he refused, and withal shew'd himself ready in his own defence, upon which we were glad to leave him.
So that to satisfie all my Country-men who follow my trade I dare confidently affirm, that if I had a Ship of Ten Guns, and it should be my fortune to encounter any of these Sallé-rogues, (who all go under the notion of
Algerines
, who are now at peace with
England
) I would encourage him to send his boat, by acquainting him that our Master would come aboard and shew his pass, (which is the thing they aim at) And when the boat was come to my side, (any man of reason may judge then whether she were from
Sallé
or
Algiers
, but however I would commit nothing should be judged a breach of the Peace, 'twixt
England
and
Algiers
) I would heave in a Grapling and secure the men, all save two, whom I would permitt to return aboard and bring me a Christian, or else aver my Pass, if they will not do that, I am then satisfied what he is, and think my self obliged to defend my self from Slavery, but this I am very confident of, that he will never stay to dispute the case afterward.
About a fortnight after I was taken, we met one
Samuel Crampton
who came from
Faro
, and whom we soon took without any resistance. The week following we took a small Ketch come from
Cales
, laden with Sherry and Raisins and bound for
Limrick, John Elliot
Master.
The number of us Christians taken aboard the Three Prizes was Twenty five, besides Twelve which were aboard the Pirate, in all Thirty seven; We who were newly taken were kept in Irons in the Hold.
After the taking of these Three Vessels the Pirate made all the sail he could for
Sallé
to save the spring Tide, which flows at
Sallé
and
Mamora S S W
about Thirty Leagues: To the
Northward
of
Sallé
, we met a Fleming who came from
Sallé
, and told our Commander that the
English-men
of War were at
Tangier
then, attending Captain
Nicholason
, which caused us to bear directly for
Sallé
and fell in directly with the Castle, where were no
English-men
of War, according to the Advice.
On the Bar of
Sallé
there run a great Sea, which obliged us to come to an Anchor near the
Bar
, where we rid Six hours; then were we poor Christians all let loose from our Ironshackles, wherein we had been confin'd for Twenty days preceeding: the Captain sent the Boat, as near the Shore to the
South
of the
Bar
, as possibly he could, to enquire what News, there they were acquainted that they might safely come in the next high Water: whilst the Boat was gone a Shore, the Moors, we observ'd, fell all fast a sleep, the Captain also, with his Head over the Rail, upon the half-Deck seem'd deeply ingag'd: This opportunity me thought was very inviting, I made a proposal of it to my fellow Slaves, and undertook to do the Captains business my self: The Christians were forward enough to comply with the motion, and Eleven of the Twelve, (which were Slaves retain'd in the Ship before our being taken) they also were willing, if the Twelfth who was Steward in the Ship would have consented, but this sneaking varlet prov'd recreant, and for fear of him the other Eleven turn'd also Renegadoes to this Heroick and Christian resolution; I had a mind to have dispatcht this troubler of our peace out of the way first, but the fear that his fellow Slaves would have severely resented it, restrain'd my resolution; the Slaves Name was
Will. Robinson
, he pro fessed himself a Christian in words, but in deed we found more civility from the Moors than him.
At Four in the Afternoon, we weighed Anchor, and stood in for the
Bar
, we struck Twice going over, but without any dammage; it was upon the First day of
November
, after we had helped to moor our Ship, at Night we were all carried ashore, and conveyed to our Lodging, which was an old Stable, but without Litter or Straw, having nothing save the bare dirty Ground for our Bed or Pillow; the next Day we were all carryed aboard the Ship to Unrigg her, and get out her Ballast, which we did; about Four in the Afternoon, I was sent for ashore to come to the Governour, who passed his sentence on us Three Masters, that we should go to his House, and there remain, until we were sent for by the King; we remained at his House Ten days, where our daily employment was to Grind the Corn for the use of his Family; at length there came an Order for us, and all the rest of the Christians to be carryed to the King, whose Ordinary and then Residence was at
Machaness
, a place which this present Emperour has set his Fancy upon, and bestows most of his care, and employs all Christian Slaves in Building there; it is distant from
Sallé
about Seventy Miles, and from
Fez
Thirty.
In our Journy thither, I cannot forget our Captains extraordinary civility, in Accommodating us sometimes with Borricoes to ride on, so that in Two days and a half we arrived thither: The First night we were not brought before our great Master, but the following our Captain presented us before him, and withal some
Portuguese
Plate, which was taken in Mr.
Crampton's
Vessel; as the Captain gave it into his Hand, the surly Tyrant with a seeming scorn and disdain heav'd it against the Wall, which was the first Action I observ'd, and did a little discover the temper of my new Patron
Muley Ishmael
Emperour of
Morocco
and
Fez
, &c. He ordered us to be sent amongst the rest of our fellow Slaves; as we went we were entertain'd with the civilities of the place, and welcomed by the joyfull acclamations and complements of the Moors kicking and slapping us all along, which appeared very uncouth to me, who was but a Stranger, but that Night my fellow Captives allayed my wonder, by acquainting me, that what had past was nothing, it was only a sutable Prologue to all the Tragical sufferings that Christians must endure there whilst they are Slaves, which were so dreadful, that I could willingly, that very Night have ventured my Life to endeavour an escape; they Painted out to me the Tyrannical humour of the Emperour, both towards the Christians and Natives, in such Bloudy Colours,
viz.
how they had seen him Butcher many Thousands with his own hands, how that none can be secure in his presence for that the varying of a look, a small spot in the Garment, or any such inconsiderable circumstance, will raise such a caprice in the Emperours Noddle, without any other provocation, as to endanger all the Heads before him, and it is very rare if the company escape with One or Two only Beheaded, or Lanced through the Body.
The Second day after my arrival thither, I saw him Lance Seven and twenty
Negroes
one after another, and every Day after, until
New-years-day
, (when he parted to
Santa Cruz
with his Army) I either saw or heard of his inhumane, but yet, through custom, to him Natural Barbarities, Killing and Dragging, but this latter is a piece of respect observed only to Minions and Favourites, Vice-kings and Alcaids; yea his Women are not able by all their Charms to avoid his Fury, but are more the objects of his implacable rage than any other passion: I have been several times in the
West-Indies
, and have seen and heard of divers Inhumanities and cruelties practised there, I have also read in Books, and have heard Learned men discourse of the
Sicilian
Tyrants and Roman Emperours, but indeed I forget them all, they are not to be named in comparison with this Monster of
Africk
, a composition of Gore and Dust, whom nothing can attone but humane Sacrifices, and to be in whose court it is much more eligible to be his Horse or his Mule, than to be his
Privado
or Wife of his bosome, from whose greatest kindness my good God ever defend me, for his mercies are cruel: Yea even
Hamed Ben Haddu
who was his Embassadour here in
England
Three years ago, altho' he was received and entertain'd here with extraordinary civilities, and carress'd every where by all the endearments of kindness and respect, and altho' by his fineness and Moorish subtilty, he stole into the Inclinations of the well-meaning and good natur'd
English
, so that he obtain'd the reputation of Ingenuity and candour, Yet the Dog has return'd to his Vomit, and by woful experiment, all my Country-men, who come under his power, find him a harsh and cruel Master, who manag'd his affairs here with deep dissimulation, and now improves his knowledge of
English
affairs, to the detriment and ruin of all the Kings Subjects, with whom he has to do; if it be his fortune to meet or pass by any of them, his custom is (as all the
English
can attest) to salute them with a devilish Curse to the best of my remembrance exprest thus,
Alli Haztebuck
, i.e.
God roast your Father
: he is indeed reckoned a great Master in the art of Dissimulation and Flattery, a qualification, which seems very requisite in a Courtier of such a Barbarous Bloody Tyrant as his Master is.
But to proceed, my fellow Christians in the next place, shewed me the staff of their life there,
i.e.
their Bread, which was of Barley, but black, and withal it stunk, the Corn being kept Seven years under Ground before us'd, one Days allowance if sold, would yield only Nine Fluces, which amount to Three Farthings; Flesh is cheap, both Mutton and Beef, but Mony is scarce, Two pounds and a half of Beef, are ordinarily sold for a Blankil,
i.e.
Two pence half-peny, and Two pounds of Mutton at the same rate; good white-Bread is also plentiful, half as cheap as in
England
; but what is this to the Slaves who have not a Farthing, and not a bit is allow'd us without Mony; I am confident there is many a Christian there, who hath not tasted a morsel of Flesh in Five Months time.
The Country is a pleasant Champion Country, very Fruitful, well Watered, productive of all sorts of Fruit in plenty; we Christians who arrived last, were excused for Two days from Labour, only we were instructed in our deportments to our
Negroe-Taskmasters
, who afterwards gave us severe chastisment for our mistakes and lapses: our Work and Daily Labour was continually Building of Houses and Walls; the Materials and Method is very Forreign and will appear strange to my Country-men here; there are Boxes of Wood of dimensions according to pleasure, these we fill with Earth powdred and Lime, and Gravel well beat together and tempered with Water, and when full, we remove the Box according to order, and withdraw the Box Planks, and leave this matter to dry, which then will acquire an incredible hardness, and is very lasting, for we have seen Walls of some Hundred years standing as we were informed, and all that time has not been able to do them any prejudice.
The King himself (what the reason of his humour may be I never had the curiosity to ask him) will sometimes vouchsafe to work in the Lime and Durt for an hour together, and will bolt out an encouraging word to the Slaves then,
viz.
as I remember,
Liferus
, that is,
God send you to your own Countries
, but I judge, he either does not speak from his Heart, or else he hopes God will not answer the Prayers of such a wicked wretch; with this sort of Labour I made a shift to pass away all the Winter, and indeed without a quible, I had no other shift or shirt, only the Charity of my fellow Slaves, who were better provided, accommodat ed me with a covering from the Cold, which else would have endangered my life.
The Reader, I suppose, will not think it strange, if I was dissatisfied and very weary of my condition, and therefore I did often rummage all my thoughts, for some expedient to ease me of this accursed way, not of Living, but Starving and Dying daily: My mind did often flatter me with the greatest possibility of Liberty by running away, and so confident I was, that I discovered my intentions to several Christians, especially to those of my near acquaintance, who by no means could be induc'd to hear the difficulties and dangers that attended such a resolution: In the mean time my Friends in
England
had taken some care for my Ransome, and had given order to Mr
Luddington
, and
English
Merchant in
Barbary
, to endeavour my relief if One hundred and fifty Pounds would effect it, which Sum Mr.
Luddington
acquainted me, he was ready to disburse, if I could cut, (that is, agree with my Patron for my Ransome) for Six hundred or Seven hundred pieces of Eight: I profered the said Sum, but it would not be accepted; upon which I lookt upon my condition as desperate, my forlorn and languishing state of life without any hopes of Redemption, (which only could support our Spirits in the midst of such great afflictions, and Bondage to those upon whom God and Nature seems to have imprest characters of Slavery to the rest of Mankind) appeared far worse than the terrours of a most cruel Death, I set up then my fixt and unalterable resolution to escape whatever fate attended it, leaving the event to providence; I had more than conjecture, that present Death was to be the reward of my endeavours if I were retaken, for Three
Spaniards
, who some Two Months before were taken, making their escape, the King caused them to be brought before him, and with his own hands prov'd their Butcher, and Executioner, which cruel proceedings did wholly dishearten the poor Spirited Christians, and banished all such resolutions quite out of their minds: At length I opened my mind to Mr.
Baxter
(who about a Year and a half before, had made an unlucky attempt to run away, but being brought back he had the Bastinado in such a sort that he could not work for a Twelve Month, having Irons continually upon his Leggs) but notwithstanding, such was his love of Christian Liberty, that he freely told me, that he would adventure with any fair opportunity; after I had him thus engag'd by his promise, I gave him no rest, until we had pitch'd upon a Day; we also took into our Cabal and share of our Fortunes, Two
Bristol-men
, who were ready at an hours warning, when we appointed.
There are at
Machaness
at present about Eight hundred Christians of all Nations, Two hundred and sixty whereof are
English
, several of which have tendred Mony for their Ransome, some Seven hundred, some Five hundred pieces of Eight, some more, some less, but the King still put them off with this, that he would clear none particularly, but that they should go all together.
January
the First, The King set forward towards
Santa Cruz
, with an Army of about Sixty thousand men, designing to quel his Nephew, who had made a formidable Insurrection against him, in that part of his Dominions: We Christians could not Inform our selves of the certain proceedings of these Armies, neither did we much care, fight Dog, fight Bear, but this we learnt, that it will be Two or Three years before his return, and it is not to be suppos'd that any particular Christian will be releas'd until he return; besides, there is no hopes to be laid upon the most solemn word and protestation of this swarthy Infidel
Muley Ismael
, for, as I have been inform'd, about Four or Five years ago, by an agreement with Collonel
Kirk
, all the
English
slaves were to be set at liberty at the rate of Two hundred pieces of Eight a head, and the bargain was so far struck, that the Christians were got a Mile out of Town, But the accursed Jews, (the stench and pest of the Nations of the Earth, Malicious to all Man-kind and loathsome and abominable whereever they come, who not only have the blood of the Saviour of the World lying upon their Heads, but are accountable for the blood of many Thousands of his Members which they daily shed) These wicked Enemies of Christianity, brought back these poor Christians into the house of bondage thus, they proffered the Emperour as much mony as the King of
England
tendred for the Christians Ransome, if so be he would only lend them for a while, to build a City for the Jews, and then they should be restor'd to the King; The covetous Tyrant soon clos'd with these advantageous terms, and the Christians were turn'd over to the Jews, who imploy'd them Three years in building a City, but when finish'd, see the just Judgment of God! The Jews were turn'd out, and forc'd to give place to the Moors: Another remarkable story concerning the Jews I cannot but insert upon this occasion: About Three years ago, Mr.
Bowrey
of
Bristol
was, with Twenty sail more, taken by the
Sallé-men, Bowrey
had a parcel of Soap in his Ship, which then did belong to the King;
Ben Haddu
Ambassadour in
England
desir'd to buy this Soap of the King, but a Jew out bid him, and so had the Soap, for which dealing the Ambassador kept a grudge in his mind against the Jews, and was reveng'd on them, after this manner, whilst I was there. He inform'd the King that the Jews had impos'd upon him and couzen'd him of Fifty thousand pieces of Eight in the matter of the Soap, upon which the King clapt up Ten of the chief Jews in Prison, until they should either pay the said Sum, or else restore the Soap, which it is to be supposed, hath been sold in Christendom Two years ago.
An Account of my Escape, Mr.
Edmund Baxter,
and others from
Barbary.
AFter a serious consideration, finding that no proffers for my redemption would be accepted, I committed the conduct of my proceedings to Almighty providence resolving to make an Escape in company of Three more,
Edmund Baxter, Anthony Bayle
, and
James Ingram
.
On the 29
th.
of
May
, agreeing with our Guardian-Moors for a
Blankil, (i.e.
) 2
d. ob.
a piece, we had the liberty to be excus'd from work that day, we went there fore to the Town of
Machaness
, and having but a small stock of cash about us,
viz.
nine
Blankils
, we laid it out in Bread, and two small Bullocks bladders, with a little Burdock to carry Water in.
About Three of the clock in the Afternoon we began our journey designing to go as far as an Old house, call'd the Kings house, distant about Three miles from
Machaness
, resolving to conceal our selves about that house until night, and promising to our selves the greater security, because we knew some Christians used commonly to work there, but proceeding in our journey, we discover'd upon a loaded Horse the Moor who lived at that house, which oblig'd us to quicken our pace, and keep a head of him, for, if he should come up with us, he would easily discover that we did not belong to the said house, We made hast therefore before him, and coming near the house we discover'd about Twenty Moors sitting there; which accident of being hemed in behind and before by these our enemies, put us into a great fright, and had in all likely hood spoil'd our design, in the very entrance, if providence had not presented to our view, on one side of the house, a parcel of Lime-kills, to which, without the Moors observation we immediatly struck up, where we absconded our selves by lying flat upon our bellies; about half an hour after came two Moorish women thither, to gather up some loose wood, we considering it very inconvenient to shew our selves fearful, lest we should be taken for Renagadoes, spoke to them, but they return'd us no answer, following their business, and taking us, as vve judged, either for Moors or Christians employ'd about the said Lime-kills so vve continued there vvithout any further molestation, until night, vvhen vve proceeded on our journey, traveling about Eighteen miles that night, vve passed by a great many Tents, vvhence the Dogs came out and barkt at us, and the Moors also savv us, but said nothing, mistaking us for their Country-men.
That night vve crost the great River, vvhich runs dovvn to
Mamora
, about Eighteen miles distance from
Machaness
, and about a mile from the bank of the River, vve found a convenient bush, vvhere vve took up our lodging all the day follovving, vvithout any disturbance: At night vve found our selves oblig'd to return to the said River, to furnish us vvith Water, the littleness of our vessel, vvhich contain'd not above a Gallon, being a great hindrance in our journey: We continued our progress Tvvelve miles that night, vvhich prov'd very tiresome by reason of the vveeds and bushes, and the nights vvere not so long as vve vvish'd; just about Day-break, vve found a convenient bush near to a great Valley, vvhere vve repos'd our selves; as soon as the day broke clear, we saw abundance of Cattle grasing in the bottom, with Moors, who lookt after them, but, by Gods providence, none came near us, so that we lay safe all that day, being the last day of
May
.
At night we set forwards, keeping the Woods, where were no Moorish Inhabitants, only wild beasts, the less savage and formidable, which we often saw, but they never attempted to come near us, we travel'd about Ten miles that night, and then crossed a River, which supplied us with Water, whereof we were in want; on the other side of the River, we observ'd the footsteps of a great many Cattle, which rendred the place, as we thought, unsafe for us, we made therefore a little further progress in the morning, to the top of the Hill, where under a large Oak we found a bush convenient for our reception that day, but within a little while we were disturb in our repose, observing the Cattle to come grasing up the Hill, directly to that bush, with Moors at their heels, with all hast therefore we pact up our luggage and ran a mile further, without being discover'd, until we came to a Pear tree, furnish'd with long-grass a round him, there we took up our quarters all that day, being the First of
June
.
The night following, we intended to proceed, but it pleased God, to strike me lame with the Gout, so that I was not able to stand, I was forced therefore to remain there all that night, and the day ensuing, which was a great hindrance to my companions, and affliction to my self: The readiest expedient to remedy my distemper, which I could think upon was this, we made a fire in a hole in the ground, and I put my Foot into the hole to draw away the pain, having also a Lancet with us, I endeavour'd to breath a Vein in my Foot, but I could not effect it, for the Lancet would not enter, however, I found some ease by the force of the fire: My company being sensible of the delay, which my distemper occasion'd, began to be mov'd, insomuch that they told me, that if I could not march with them that night, they must hold themselves oblig'd to take leave of me, which added a great affliction to my sorrow, insomuch as I was the Author and first mover of this escape; That I might not therefore be forsaken by my companions, and in compliance to their importunity, I resolved to strain my outmost power.
The third of
June
at night I endeavoured to go, but in great pain, so that we could not proceed above Three miles, when I was forc'd to pray my Companions to stay but that night, and I did not question, but by Gods blessing, to be able to travel with them the next, they consented, and so we took up our lodging for the remainder of that night under another Pear-tree.
The fourth of
June
I kept baking my foot all the day in the Ground, till about two in the Afternoon, in the mean while, I procur'd Mr.
Baxter
to make me a wooden Leg, which accordingly he did, I perswaded them, then, to travel about Three or Four miles that afternoon, which would a little ease the labour of the night, they agreed, I travel'd about Four miles with that Leg, and then rested till night on the top of a high Hill, whence we saw a great plain valley before us.
At night we shap'd our course clear of the Tents, and travel'd over the edge of the plain, about Six miles; We past by several fields of corn, the Moors in the mean time hallowing to frighten the wild beasts from them: Crossing of a River that night, we saw and heard several Lyons, some approach'd so near that we could almost have touch'd them, but as soon as we strook fire, which we had prepar'd for that very purpose, they presently vanish'd; when the light began to display it self, we took our quarters for the next day, which was
June
the Fifth; At night we continued our course, when I was still lame, which was a great hindrance to my company, but we were loath to part, our bread also was almost at an end, the consideration whereof oblig'd me to strain hard to get Eight miles that night: By resting the next day I found my self to be something better, but then to qualifie my joy for this, Another companion
Anthony Bayle
began to sink and give over.
June
the Sixth, We set onward, and measur'd Ten miles that night, when we came to a great Swamp, there my pain renewing, I fain would have perswaded them to stay but by no intreaties could perswade them, so resolving to part, we shar'd our Bread, which came to two half Rusks a peice; I endeavour'd to allure my weak wearied Brother to abide with me, comforting him with the expectation of Gardens, where we two more easily than the company of Four, might provide for our selves; He would not stay; Being prest thus with the consideration of being left alone, I Resolv'd to put forward, when it pleased God, that my foot became perfectly whole and clear of the Gout; That night we travel'd over a high barren Hill, where we fancied we heard the Suss and noise of the Sea, which encourag'd us to mend our pace until we met with a Garden, where we gather'd about a dozen of small Pumpkins, a very comfortable assistance to us, now that our Bread was all spent, for some we eat raw, and some we roasted in the ground, whereby we found our selves considerably refresht: That night we made no more then Eight miles, for meeting with a great Oak which was blown down, we thought it inconvenient to overslip such an advantageous retirement for the next day, which we were the more desirous off, because we heard a great many
Moors
, tho' we could not see them,
All the next day we lay still and with exceeding contentment we heard the noise of the Sea, at night we put on and came to the shoar, where we found whereabout we then were,
viz.
to the
Southward
of
Mamora
, we directed our Course then
Northward
for Two miles, when we could discern the Castle, but knowing that we could not go to the
Northward
of the Castle, because the great River goes directly up into the Country, we turn'd back about a mile, and finding a convenient bush, we rested there all the next day, hearing and seeing a great many Cattle, but none came near us.
June
the Eighth, We gathered about half a Peck of Snailes, and caught a Land-Tortois, which we roasted and eat hartily, that day also, we saw a Ship in the Offing, when night was come, we made down towards the Castle, and before we were aware we fell upon a Moor making a fire, which forc'd us to draw back, the Moor not discerning us, we fetcht then a compass, and by another way came down to the Castle, there we found a strong watch, which did wholly discourage our expectations of relief from that place, so we set up our Resolutions for
Sallé
, about Eighteen or Twenty miles to the
Southward
, to see what good could be done there, But before we parted with
Mamora
, we made bold with a little Barley and Guinny corn, growing under the Castle, of each whereof we gathered about a quarter of a Peck, to serve our necessities, and then we betook our selves to our former nights refuge, the Bush, and after having consulted how to steer our course for
Sallé
, the result whereof was a long the Sea-side, we rested all the next day without disturbance.
June
the Ninth, We travel'd along the Sea-side, where we saw a great deal of Raft-timber, we concluded therefore, seeing the Ship in the Offing, to make a Raft, which accordingly we did, and put off with it, but it would not swim, boyart with us all, we came therefore a shore, and cut all our Lashings, leaving it to the mercy of the Sea: We travel'd Five miles towards
Sallé
that night, fearing least by staying long thereabout we should be discovered, for our foot ing and trayling of the Timber had made such an Impression in the sand as if an Hundred men had been there; That night we took up our quarters in a Fig-tree, about Seven miles short of
Sallé
where was no Inhabitant.
June
the Tenth at night we made forward to
Sallé
, in the Road, we fell upon a parcel of Tents, where though the Dogs were ready to seize us, and the Moors themselves call'd to us, We made no answer and travel'd on, without any farther trouble or danger, until we came to
Sallé
, as soon as we came thither, we made towards the Gardens, and Gathered some Pumkins, and because night was far spent, we retreated about a mile out of Town, to find some place which might secure us from discovery; we pitch'd upon a Bush in a great Valley, wherein we resolv'd to enclose our selves the day following: About Eleven of the clock of that day, we espied a Boy with a Dog keeping of Sheep, but yet not forgeting his game, which was hunting of Partridges; He beat the bush wherein we were lodg'd, and threvv in Stones, and the Dog also did his part, barking and coursing about the bush, but by miracle as we thought, we were not espied, tho' we discover'd abundance of fear amongst our selves, for if we had been taken notice of, we could not otherwise consult our own safety, than by the death of that poor silly Lad.
The eleventh day being past, at night we made a descent to the river of
Sallé
, about a mile above the Town, where we found a Boat, but could not with all our strength launch her:
Anthony Bayle
and I who were the only swimmers in our company, made over to the
South-side
of the River, to see what purchase we could make there, we found indeed Three boats, but they were all aground, so that we could do no good with them; But in searching about the new Ships, (which Five in number are building there) we found two Oares, with which we swam over to our consorts, and all together we went down by the Rivers side, to the Harbours mouth, but we could meet with no boat to put our Oares in; We saw two
Dutch-men
in the River, but they kept a diligent watch, which hindred us from carrying away their boat; We concluded therefore to bury our Oares in the sand at some remarkable place, and so we betook our selves to find out a sanctuary for the day following; We found a Fig-tree full of leaves, in an unfrequented place, as we thought, on the
North-side
of the River, yet within call of the Ships, vvhich then vvere a building? Under the Covert of this little Tree, tho' surrounded vvith Enemies and dangers, vve resolv'd to expect the protection of the next day; The Reader may possibly judge this an instance of a Romantick courage, and an effect rather of rash boldness than prudent consideration; Truly, he is in the right, for vve our selves vvere of the same mind, about the middle of the next day, upon this occasion, a Moor vvho had nevvly vvasht his cloaths, directs his course directly to our Tree, and there hangs up his
Al hage
to dry vvhilst he himself sat dovvn not far off, to lovvse himself, an't please you; if providence did hinder him from discerning us, I assure you it vvas not for vvant of provocation, as vve all confest, and indeed I never in my life vvas in such a trembling fit, as that lovvsie Rascal put me into.
The Twelfth day of
June
being past, at night vve came dovvn again to the River, to look after a boat, vvhich vve had observ'd vvas moor'd in the River, half a mile higher than vvhere vve found the Oares, this, vve vvho could svvim found and brought to our consorts, We padl'd her dovvn the River close by the
Dutch-men
, vvho savv us, but said nothing, then vve put a shore, and fetch our Oares, vve continued padling, until vve had past a
French-man
, lying at the Bars mouth, who plainly savv us, but said nothing; So soon as vve had left him behind us, vve shipp'd out our Oares, and Rovving right into the Sea, our course by the
North-star
vvas
West-North-West
: vvhen vve had Rovved Four Miles or thereabout, vve discern'd a Ship at Anchor, vvhich oblig'd us to alter our course, and Rovv
Northward
, until vve had past her, fearing least she might be a
Sallè-Ship
, and vve had learn'd at
Machaness
that Tvvo of them vvere a cruizing at that time, and not yet come in, therefore it vvas, that in distrust of this Ship, vve altered our course; vve Rovved about Tvvo Leagues vvithout the Ship, and lay upon our Oares; vvhen Day broke up clear, vve savv the Ship vvith her Sailes loose, I then acquainted my Consorts, that in my judgment, if the Ship vvere of
Sallé
she vvould make in for the
Bar
at that time, because the Tide and the Sea breeze vvere then both favourable, it being High-vvater at Seven of the Clock, but if she vvere an
English
Man of War, as vve incessantly vvish'd, then vve thought the Sea-breeze vvould make her stand off to Sea: Notwithstanding our opinions were various, and we were doubtful what to do; at length I perswaded my consorts, with much ado, to row in and make her hull, then the Ship stood off, and at length saw us, we pull'd aboard, and found her to be the
Lark-Friggot
Captain
Leighton
Commander; after some Examination and Discourse about the Methods and Means of our Escape, I propounded to the Captain a design which had newly taken strong possession of my Fancy, it was this, that if he would accommodate me with his Boat, and those belonging to the other Two Men of War, which were in Company, I would undertake to Pilot them in, and to burn what Ships were then at
Mamora
; The Captain immediately stood to the
Northward
, and came up with the other Two Ships, which were the
Bonaventure
and the
Grayhound
; The Admiral was then Sick at
Cales
, so Captain
Macdonald
being Eldest Captain, we went aboard him, and sending for Mr.
Fairborne
, who was then Captain under Captain
Priestman
, who was Sick as abovesaid, they held a Council about those propositions which I had made, at first they seemed unpracticable, by reason of many difficulties, but especially of the
Bar
, which is worse than that of
Sallé
; But then when upon Second thoughts they considered the forwardness of Men, who but that very Day had escapt a heavy Slavery, and yet were willing that very Night to engage in the action, they concluded it both possible and feasible, so they entertain'd with approbation what I had propos'd; After which I immediately return'd with Captain
Leighton
aboard the
Lark
, and communicated the result of the Council with my Comrade Mr.
Baxter
, who was heartily pleas'd with what was undertaken, and willing to go along, so he was ordered to go in the
Bonaventure's
Boat, and was very serviceable, and who was better acquainted with that Bar, than I was. Immediately orders were given to shave some Deal-boards, and saw some Tarr-barrels, and make ready with all expedition; by Seven at Night, all things were in readiness, the Friggots were riding Two Leagues from Shore, orders were given that the Boat in which I was,
viz.
the
Gray-hound's
, should go a head, Commanded by Captain
Macdonald
, who behaved himself indeed with great Courage and Resolution, and the rest had orders to follow us; there were Three Barges in all, and one Yawl, the number of Men concern'd in the action, was Forty two, who all had strict charge upon pain of Death, not to seek after Plunder, which was punctually observ'd. About Eight at Night we put off from the Ships, and betwixt Nine and Ten, we fell a little to the
Northward
of the
Bar
, but by Mr.
Baxter's
assistance, we quickly righted our selves, and found the
Bar
; there was a great noise upon the Shore, all thereabout had taken the Alarm, which did nothing discourage us, we proceeded lustily, without any concernment at their hideous outcries, which when the Moors perceiv'd, and that we advanc'd with undaunted Resolutions, they thought it best to flie betimes and secure themselves and their Castle; in the mean time we pursu'd our design towards the Ships, aboard which, there being a great many Lights, we observ'd the Moors looking over the sides of the first we came to, which was the bigger of the Two, they call'd to us, to keep off, we answered them with about Twenty Granado-shells, which soon drove them overboard; they had not far indeed to escape, for the Castle Wall was within a Boats length of the Ship, so without any difficulty we presently entred; one Moor we found aboard, who was presently cut in pieces, another was shot in the head, endeavouring to escape upon the Cable, we were not long in taking in our Shavings and Tarr-barrels, and so set her on fire in several places, she being very apt to receive what we design'd, for there were several Barrels of Tar upon the Deck, and she was newly Tarr'd as if on purpose; whilst we were setting her on fire, we heard a noise of some people in the Hold, we opened the Skuttles, and thereby sav'd the lives of Four Christians, Three
Dutch-men
and One
French
, who told us that the Ship on fire was Admiral and belong'd to
Aly-Hackum
, and the other which we soon after serv'd with the same sauce, had the Name of
Plummage Cortibe
, which was the very Ship, which in
October
last took me Captive, I cannot deny that I was possessed with an extraordinary satisfaction to see this Ship on fire, and I could not but admire the wonderful providence of God, to whom alone Vengeance belongeth, in vindicating my cause, and making me an unwitting instrument of revenge, for the injuries I received from the owners of this Vessel.
Such was the fierceness of the Flames, that vve vvere forc'd to keep off from the Ships sides, vvhereby vve became obnoxious to the shot of the Moors, vvho from the Walls of the Castle made a great firing upon us, both of small and great Guns, but vvith little or no Execution, for our Men, by the light of the great fire having them in perfect view upon the Walls, made smart returns upon them, firing incessantly upon them, and with that eagerness, that they quite neglected their Oares, so that if the Tide had not turn'd to Ebb, we should have run a great risque, our Men were so full of joy, hooping and hallowing at the sight of so desirable a Bon-fire, that they never minded the dangers they might be subject to; we were therefore forced to tow the
Bonaventure's
Yawl, who had lost all her Oares. In all this Action we had but one Man mortally wounded, and two or three more slightly hurt: after we had compleated our business, and absolutely destroyed these Ships, we return'd out of the River, over the
Bar
, and pull'd aboard the Friggots, Captain
Macdonald
received us kindly, and gratified us with the entertainment of his Ship very frankly, aboard which we staid until we came to
Cales
, there we went ashore, designing a passage for
England
with the first opportunity; Captain
Macdonald
gave us Certificates of our service in the late Action, and then Mr.
Baxter
and I took leave of him; we did not stay long at
Cales
, before we met with an opportunity for
England
aboard Captain
Atkins
, who came from
Leghorn
and was bound for
London
, who very willingly granted us passage with him, and gave us civil and welcome entertainment, whom God reward and all other our Benefactors, particularly (tho' to some Readers it may
seem
immaterial, yet when occasion offers, not to remember, to all good Men will appear unthankful, and I had rather be tax'd with impertinence than ungratitude) Mr.
Hodges
, who bestowed upon us Four pieces of Eight in our necessity, God return his Charity into his own Bosome with blessing and encrease, and honest Captain
Gutteridge
, who sent a Barrel of Beaf and a Hundred weight of Bread, least we should lie too chargeable upon Captain
Atkins
in our passage home, who the First day of
July
1685. set Sail from
Cadiz
, and arrived in the
Downs
the 26
th.
of that Month.
Thus have I given a short and plain account of my Captivity and Escape, with the circumstances that attended it, and tho' possibly my Stile may appear rough and unpolish'd, which the courteous Reader I hope will a little excuse, expecting no other from a blunt Seaman, acquainted with nothing so much as Dangers and Storms, yet I do profess I have Penn'd this Narrative with all the sincerity and truth, that becomes a plain-dealing
English-man
: My design and aim in all (kind Country-man and courteous Reader) is, to excite with me thy praises to our God the only deliverer, who hath delivered me from a cruel and severe Captivity, and withall to stir up thy grateful resentments, for the happiness, peace and freedom, that thou enjoyest under so excellent and well tempered a Government, but most especially to move thy pitty for the afflictions of
Joseph
, to excite thy compassionate regard to those poor Country-men now Languishing in misery and Irons, to endeavour their releasment according to thy power, at least by import uning Heaven, that during their Captivity God would support them with his Grace, to bear patiently their afflictions, and to resist all Temptations until in his good appointed time, he vouchsafe them a happy deliverance,
Amen
.
FINIS.
AN ACCOUNT OF ONE Ann Jefferies, Now Living in the County of
Cornwall
, who was fed for six Months by a small sort of Airy People call'd
Fairies
. And of the strange and wonderful Cures she performed with Salves and Medicines she received from them, for which she never took one Penny of her Patients.
In a Letter from
Moses Pitt
to the Right Reverend Father in God, Dr.
Edward Fowler
, Lord Bishop of
Glocester
.
All the Works of Providence are not alike. Sometimes for wise and good Reasons God has been pleased quite to alter the Course of Nature, as it were, to shew himself to have a Power above it
. Mr.
Samuel Bartons's
Sermon before the House of Commons,
April
16. 1696. Page the 7
th
.
London
, Printed for
Richard Cumberland
at the Angel in St.
Paul's Church-yard
. 1696.
My Lord
,
WHEN about
Christmas
last I waited on you with my printed Letter to the Author of a Book, intituled,
Some Discourses upon Dr. Burnet
(now Lord Bishop of
Salisbury) and Dr.
Tillotson (late Lord Arch-Bishop of
Canterbury) occasioned by the late Funeral-Sermon of the former upon the latter
: After I had paid my Duty and Service to your Lordship, you were pleased to mind me of my having told you a wonderful Story about
17
or
18
Years since, in the Company of a Kinsman of mine, A Tradesman of
Plimouth
; who also confirmed Part of it, from his own Knowledg: And the following Narrative you will find to contain the Substance of what you then heard. And I doubt not but I could bring several other Persons now living to justify the Truth of what I here write: Nay, the Person concerned, who is at this time living in
Cornwall
, must own it, and a great deal more, if she could be prevailed with to speak out. My Lord, I thought I could, if any Person alive, have prevail'd with her, she being the Servant that attended me in my Childhood; but your Lordship may see that I cannot, and therefore your Lordship must be content with what I here publish: I am satisfied I was not, nor could be imposed on in this Affair, the Particulars having made so great an Impression on me from my Youth hitherto. I know, my Lord, that the great Part of the World will not believe the Passages here related, by reason of the Strange ness of them, but I cannot help their Unbelief: Your Lordship knows the Record where it's mentioned,
That the Great God did marvelous things in the sight of our Forefathers, but for all that they sinned yet more, and believed not his wonderous Works
: And therefore Unbelief is no new Sin crept into the World. And moreover, my Lord, if Men would give themselves time to think, they cannot but remember that the Great God has done as great and marvelous Works in our Age, both in Judgment and in Mercy, as he did in the days of old: By which the greatest Atheist may be convinc'd, not only of the Being of a God, but also that his Power and his Goodness are as manifest now as of old; and therefore it's the Duty of all that do by personal Knowledg know any extraordinary Works or Providences of God, which are uncommon, to publish them to the World, that the Great God may be glorified, and Mankind edified; which is purely and truly the Design of publishing the following Narrative.
An ACCOUNT of one
Ann Jefferies
, now alive in the County of
Cornwall
, who was fed for 6 Months by a small sort of Airy People call'd
Fairies
; and of the strange and wonderful Cures she performed,
&c.
A
NN Jefferies
, (for that was her Maiden Name) of whom the following strange things are related, was born in the Parish of St.
Teath
in the County of
Cornwall
, in
December
, 1626. and she is still living, 1696. being now in the 70
th
Year of her Age; she is married to one
William Warden
, formerly Hind (a Hind is one that looks after the rest of the Servants, the Grounds, Cattel, Corn
&c.
of his Master) to the late eminent Physician Dr.
Richard Lower
deceased; and now lives as Hind to Sir
Andrew Slanning
of
Devon
, Bar.
I must acquaint you, Sir, that I have made it my Business, but could not prevail, to get a Relation from her of what she her self remembers of those several strange Passages of her Life that I here relate, or of any other that I have either forgot, or that never came to my Cognizance: but she being prevail'd with by some of her poor ignorant Neighbours not to do it, and she fancying that if she should do it, she might again fall into Trouble about it; I here give your Lordship the best and faithfullest Account I can.
In the Year 1691. I wrote into
Cornwall
to my Sister
Mary Martyn
's Son, an Attorney, to go to the said
Ann
, and discourse her as from me, about the most material strange Passages of her Life: He answers my Letter,
Sept.
13, 1691. and saith,
I have been with
Ann Jefferies
, and she can give me no particular Account of her Condition, it being so long since: my Grandfather and Mother say, that she was in
Bodmyn
Goal three Months, and lived six Months without Meat; and during her Continuance in that Condition, several eminent Cures were performed by her, the Particulars no one can now relate. My Mother saw the
Fairies
once, and heard one say, that they should give some Meat to the Child, that she might return to her Parents: Which is the fullest Relation can now be given.
But I not being satisfied with this Answer, did, in the Year 1693. write into
Cornwall
to my Sister's Husband, (Mr.
Humph. Martyn
) and desired him to go to
Ann Jefferies
to see if he could perswade her to give me what Account she could remember of the many and strange Passages of her Life. He answers my Letter,
Jan.
31, 1693. and saith,
As for
Ann Jefferies
, I have been with her the greatest part of one day, and did read to her all that you wrote to me, but she would not own any thing of it as concerning the
Fairies
, neither of any of the Cures she then did. I endeavoured to perswade her she might receive some Benefit by it: She answered; That if her own Father were now alive, she would not discover to him those things that did then happen to her. I ask'd her the Reason why she would not do it: She reply'd, That if she should discover it to you, that you would make either Books or Ballads of it: And she said, That she would not have her Name spread about the Country in Books or Ballads of such things, if she might have five hundred Pounds for the doing of it: for she said, she had been questioned before Justices, and at the Sessions, and in Prison, and also before the Judges at the Assizes; and she doth believe, that if she should discover such things now, she should be questioned again for it. As for the antient Inhabitants of St.
Teath
Church Town, there are non of them now alive but
Thomas Christopher
a blind Man,
(Note, this
Tho. Christopher
was then a Servant in my Father's House when these things happened)
and he remembers many of the Passages you wrote of her. And as for my Wife, she then being so little, did not mind it; but has heard her Father and Mother relate most of the Passages you wrote of her.
This is all I can at present possibly get from her, and therefore I now go on with my own Relation of the wonderful Cures, and other strange things she did, or hapned to her, which is the Substance of what I wrote to my Brother, and that he read to her.
It's the Custom in our County of
Cornwall
, for the most substantial People of each Parish to take Apprentices the Poor's Children, and to breed them up till they attain to 21 Years of Age, and for their Service to give them Meat, Drink and Clothes. This
Ann Jefferies
being a poor Man's Child of the Parish, by Providence fell into our Family, where she lived several Years, being a Girl of a bold daring Spirit: She would venture at those Difficulties and Dangers that no Boy would attempt.
In the Year 1645, (she then being nineteen Years old) she being one day knitting in an Arbour in our Garden, there came over the Garden-hedg to her (as she affirmed) six Persons of a small Stature, all clothed in green, which she call'd
Fairies
: upon which she was so frighted, that she fell into a kind of a Convulsion-fit: But when we found her in this Condition, we brought her into the House, and put her to bed, and took great Care of her. As soon as she recovered out of her Fit, she cries out,
They are just gone out of the Window; they are just gone out of the Window; do you not see them
? And thus in the height of her Sickness she would often cry out, and that with Eagerness; which Expressions we attributed to her Distemper, supposing her light-headed. During the Extremity of her Sickness my Father's Mother died, which was in
April
, 1646. but we durst not acquaint our Maid
Ann
with it, for fear it might have increas'd her Distemper, she being at that time so very sick that she could not go, nor so much as stand on her Feet; and also the Extremity of her Sickness, and the long Continuance of her Distemper, had almost perfectly mop'd her, so that she became even as a Changeling: and as soon as she began to recover, and to get a little Strength, she in her going would spread her Legs as wide as she could, and so lay hold with her Hands on Tables, Forms, Chairs, Stools,
&c.
till she had learn'd to go again: and if any thing vex'd her, she would fall into her Fits, and continue in them a long time; so that we were afraid she would have died in one of them. As soon as she had got out of her Fit, she would heartily call upon God: and then the first Person she would ask for was my self, and would not be satisfied till I came to her. Upon which she would ask me, if any one had vex'd or abus'd me since she fell into her Fit. Upon my telling her, no one had, she would stroke me, and kiss me, calling me her dear Child; and then all her Vexation was over.
As soon as she recovered a little Strength, she constantly went to Church to pay her Devotions to our great and good God, and to hear his Word read and preached. Her Memory was so well restored to her, that she would repeat more of the Sermons she heard than any other of our Family. She took mighty Delight in Devotion, and in hearing the Word of God read and preach'd, altho she her self could not read.
The first manual Operation or Cure she perform'd, was on my own Mother; the Occasion was as follows: One Afternoon, in the Harvest-time, all our Family being in the Fields at work, (and my self a Boy at School) there was none in the House but my Mother and this
Ann
: my Mother considering that Bread might be wanting for the Labourers, if Care were not taken; and she having before caus'd some Bushels of Wheat to be sent to the Mill, my Mother was resolved that she her self would take a Walk to the Mill, (which was but a quarter of a Mile from our House) to hasten the Miller to bring home the Meal, that so her Maids, as soon as they came from the Fields, might make and bake the Bread; but in the mean time how to dispose of her Maid
Ann
, was her great Care, for she did not dare trust her in the House alone, for fear she might do her self some Mischief by Fire, or set the House on fire (for at that time she was so weak that she could hardly help her self, and very silly withal): At last by much Perswasions my Mother prevail'd with her to walk in the Gardens and Orchards till she came from the Mill; to which she unwillingly consented. Then my Mother lock'd the Doors of the House, and walk'd to the Mill; but as she was coming home in a very plain way, she slipt and hurt her Leg, so as that she could not rise, there she lay a considerable time in great Pain, till a Neighbour coming by on Horseback, seeing my Mother in this Condition, lifted her up on his Horse, and carried her home. As soon as she was brought within the Doors of the House, word of it was sent into the Fields to the Reapers, who thereupon immediately left their Harvestwork, and came home; the House being presently full of People: a Man-servant was ordered to take a Horse and ride for Mr.
Lob
, and eminent Chyrurgeon, that then liv'd at a Market-Town call'd
Bodmyn
, which was eight Miles from my Father's House: but whilst the Man was getting the Horse ready, in comes our Maid
Ann
, and tells my Mother she was heartily sorry for the Mischance she had got in hurting of her Leg, and that she did it at such a Place (naming the Place); and further, she desir'd she might see her Leg: My Mother at first refused to shew her her Leg, saying to her, what should she shew her Leg to so poor and silly a Creature as she was? for she could do her no good: but
Ann
being very importunate with my Mother to see her Leg, and my Mother being unwilling to vex her by denying her, for fear of her falling into her Fits, (for at all times we dealt gently, lovingly, and kindly with her, taking great Care by no means to cross or fret her) did yield to her Request, and did shew her, her Leg: Upon which
Ann
took my Mother's Leg on her Lap, and strok'd it with her Hand, and then ask'd my Mother if she did not find Ease by her stroking of it? My Mother confess'd to her she did. Upon this she desired my Mother to forbear sending for the Chyrurgeon, for she would, by the Blessing of God, cure her Leg: and to satisfy my Mother of the Truth of it, she again appeal'd to my Mother, whether she did not find farther Ease upon her continued stroking of the Part affected; which my Mother again acknowledged she did. Upon this my Mother countermanded the Messenger for the Chyrurgeon.
On this my Mother demanded of her how she came to the Knowledg of her Fall. She made answer, that
half a dozen Persons told her of it
. That, reply'd my Mother, could not be, for there was none came by at that time, but my Neighbour .... that brought me home.
Ann
answers again, that that was Truth, and it was also true, that
half a dozen Persons told her so
; for said she,
you know I went out of the House into the Gardens and Orchards very unwillingly. And now I will tell you the Truth of all Matters and Things that have befallen me
.
You know that this my Sickness and Fits came very suddenly upon me, which brought me very low and weak, and have made me very simple. Now the Cause of my Sickness was this.
I was one day knitting of Stockings in the Arbour in the Garden, and there came over the Garden-hedg of a sudden
six small People
, all in green Clothes, which put me into such a Fright that was the Cause of this my great Sickness; and they continue their Appearance to me, never less than 2 at a time, nor never more than 8: they always appear in even Numbers, 2, 4, 6, 8. When I said often in my Sickness,
They were just gone out of the Window
, it was really so; altho you thought me light-headed. At this time when I came out into the Garden, they came to me, and ask'd me, if you had put me out of the House against my Will: I told them I was unwilling to come out of the House: Upon this they said, you should not fare the better for it; and thereupon in that Place, and at that time, in a fair Path-way you fell, and hurt your Leg. I would not have you send for a Chyrurgeon, nor trouble you self, for I will cure your Leg
: The which she did in a little time.
This Cure of my Mother's Leg, and the Stories she told of these
Fairies
, made such a Noise over all the County of
Cornwall
, as that it had the same Effect St.
Paul's
healing of
Publius's
Father of a Fever and a bloody Flux, at
Malta
, after his Shipwrack there, as related
Acts
28.8, 9.
And it came to pass that the Father of
Publius
lay sick of a Fever, and of a bloody Flux: to whom
Paul
entred in and prayed, and laid his Hands on him, and healed him. So when this was done, others also which had Diseases in the Island, came, and were healed.
That People of all Distempers, Sicknesses, Sores, and Ages, came not only so far off as the Lands-end, but also from
London
, and were cured by her. She took no Monies of them, nor any Reward that ever I knew or heard of; yet had she Monies at all times sufficient to supply her Wants. She neither made nor bought any Medicines or Salves that ever I saw or heard of, yet wanted them not as she had Occasion. She forsook eating our Victuals, and was fed by these
Fairies
from that Harvest-time to the next
Christmas-day
; upon which Day she came to our Table, and said, because was that Day she would eat some Roast Beef with us, the which she did, I my self being then at Table.
One time (I remember it perfectly well) I had a mind to speak with her, and not knowing better where to find her than in her Chamber, I went thither, and fell a knocking very earnestly at her Chamberdoor with my Foot, and calling to her earnestly,
Ann, Ann, open the Door, and let me in
: She answered me,
Have a little Patience, and I will let you in immediately
. Upon which I look'd through the Key-hole of the Door, and I saw her eating; and when she had done eating, she stood still by her Bed-side as long as Thanks to God might be given, and then she made a Coursey, (or Bow) and opened the Chamber-door, and gave me a Piece of her Bread, which I did eat, and I think it was the most delicious Bread that ever I did eat either before or since.
Another odd Passage which I must relate, was this; One Lord's day my Father with his Family being at Dinner in our Hall, comes in one of our Neighbours, whose Name was
Francis Heathman
, and ask'd where
Ann
was; we told him she was in her Chamber: Upon this he goes into her Chamber to see for her; and not seeing her, he calls her: She not answering, he feels up and down in the Chamber for her; but not finding her, comes and tells us she was not in her Chamber. As soon as he had said this, she comes out of her Chamber to us, as we were sitting at Table, and tells him, she was in her Chamber, and saw him, and heard him call her, and see him feel up and down the Chamber for her, and had almost felt her, but he could not see her altho she saw him, notwithstanding she was at the same time at the Table in her Chamber eating her Dinner.
One Day these
Fairies
gave my Sister
Mary
, (the now Wife of Mr.
Humph. Martyn
) then about four Years of Age, a Silver Cup that held about a Quart, bidding her give it my Mother, and she did bring it my Mother; but my Mother would not accept of it, but bid her carry it to them again, which she did. I presume this was the time my Sister owns she saw the
Fairies
. I confess to your Lordship, I never did see them. I had almost forgot to tell your Lordship, that
Ann
would tell what People would come to her several Days before they came, and from whence, and at what time they would come.
I have seen
Ann
in the Orchard dancing among the Trees; and she told me, she was then dancing with the
Fairies
.
The great Noise of the many strange Cures
Ann
did, and also her living without eating our Victuals, (she being fed, as she said, by these
Fairies
) caus'd both the Neighbour-Magistrates and Ministers to resort to my Father's House, and talk with her, and strictly examined her about the Matters here related; and she gave them very rational Answers to all those Questions they then ask'd her, (for by this time she was well recovered out of her Sickness and Fits, and her natural Parts and Understanding much improv'd) my Father and all his Family affirming the Truth of all we saw. The
Ministers
endeavoured to perswade her they were evil Spirits that resorted to her, and that it was the Delusion of the Devil, (but how could that be, when she did no Hurt, but Good to all that came to her for Cure of their Distempers?) and advised her not to go to them when they call'd her. Upon these Admonitions of the Ministers and Magistrates, our
Ann
was not a little troubled and concerned, not well knowing what to do in this case. However, that Night after the
Magistrates
and
Ministers
were gone, my Father with his Family sitting at a great Fire in his Hall,
Ann
being also present, she spake to my Father, and faith,
Now they call
(meaning the
Fairies
:) We all of us urg'd her not to go. In less than half a quarter of an Hour she saith,
Now they call a second time
. We incouraged her again not to go to them. By and by she saith,
Now they call a third time
; Upon which away to her Chamber she went to them (of all these three Calls of the
Fairies
, none heard them but
Ann
.) After she had been in her Chamber some time, she came to us again with a Bible in her hand, and tells us, that when she came to the
Fairies
, they said to her, What, has there been some
Magistrates
and
Ministers
with you, and disswaded you from coming any more to us, saying we are evil Spirits, and that it was all the Delusion of the Devil? Pray desire them to read that Place of Scripture in the 1
st
Epistle of St.
John
, chap. 4. ver. 1.
Dearly Beloved, believe not every Spirit, but try the Spirits, whether they are of God
, &c. This Place of Scripture was turn'd down to in the said Bible. (I told your Lordship before,
Ann
could not read.)
After this one
John Tregeagle
Esq; (who was Steward to the late
John
Earl of
Radnor
) being then a Justice of Peace in
Cornwall
, sent his Warrant for
Ann
, and sent her to
Bodmin
Goal, and there kept her a long time. That Day the Constable came to execute his Warrant,
Ann
milking the Cows, the
Fairies
appeared to her, and told her, that a Constable would come that Day with a Warrant for to carry her before a Justice of Peace, and she would be sent to Goal. She ask'd them if she should hide her self: they answered her, No, she should fear nothing but go with the Constable. So she went with the Constable to the Justice, and he sent her to
Bodmin
-Goal, and ordered the PrisonKeeper that she should be kept without Victuals; and she was so kept; and yet she liv'd, and that without complaining. When the Sessions came, the Justices of the Peace sent their Warrant to one
Giles Bawden
, a Neighbour of ours, who was then Constable, for my Mother and my self to appear before them at that Sessions, to answer such Questions as should be demanded of us about our poor Maid
Ann (Bodmin
was 8 Miles from my Father's). When we came to the Sessions, the first that was call'd in before the Justices was my Mother, (what Questions they ask'd her, I do not remember:) When they had done examining her, they desired her to withdraw. As soon as she came forth, I was brought in, and call'd to the upper end of the Table to be examined; and there was (I suppose him to be) the Clerk of the Peace with his Pen ready in his Hand to take my Examination (I do not remember that they did put me to my Oath). The first Question they ask'd me was,
What have you got in your Pockets
? I answered,
Nothing, Sir, but my Cuffs
, which I immediately pluck'd out of my Pocket, and shewed them. Their second Question to me was,
If I had any Victuals in my Pocket for my Maid
Ann? I answered,
I had not
: and so they dismiss'd me as well as my Mother. But poor
Ann
lay in Goal for a considerable time after; and also Justice
Tregeagle
, who was her great Persecutor, kept her in his House some time as a Prisoner, and that without Victuals. And at last when
Ann
was discharged out of Prison, the Justices made an Order that
Ann
should not live any more with my Father. Whereupon my Father's only Sister, Mrs.
Francis Tom
, a Widow, near
Padstow
, took
Ann
into her Family, and there she liv'd a considerable time, and did many great Cures: but what they were, my Kinsman Mr.
Will. Tom
, who then liv'd in the House with his Mother, can give your Lordship the best Account of any that I know living, except
Ann
her self. And from thence she went to live with her own Brother; and in process of time married as aforesaid.
And now, my Lord, if your Lordship expects that I should give you an Account when and upon what occasion these
Fairies
forsook our
Ann
, I must tell your Lordship, I am ignorant in that; she her self can best tell, if she could be prevailed with so to do: and the History of it, and the rest of the Passages of her Life, would be very acceptable and useful to the most curious and inquisitive Part of Mankind.
And now, my Lord, I think good here to put an end to my plain Relation of these very strange Passages of this
Ann Jefferies
' Life: It's only Matter of Fact which I have here faithfully related; I have not made any Observations nor Reflections upon any one Passage. I leave your Lordship to your own free Thoughts and Judgment. I my self cannot give one natural Reason for any one of these Passages that happened to this poor Woman, but must conclude with that great Apostle and Scholar St.
Paul
, Rom. 11.33,34,35,36,
O the Depths of the Riches both of the Wisdom and Knowledg of God! how unsearchable are his Judgments, and his Ways past finding out! For who hath known the Mind of the Lord, or who hath been his Counseller? Or who hath first given to him, and it shall be recompensed unto him again? For of him, and through him, and to him, are all things: to whom be Glory for ever. Amen.
I am Your Lordship's most Humble and Dutiful Servant,
MOSES PITT
.
May
1. 1696.
REASONS AGAINST RESTRAINING THE PRESS.
London; Printed in the Year M.DCC.IV.
Janry 1703
Reasons against restraining the
Press.
IF any Restraint is to be put on the Press, it must be either on a
Religious
or
Civil
Account.
All that can be pleaded for it on the score of Religion, is, that 'tis necessary to prevent men as being led into error; and as a consequence of that, nothing is to be printed that may tempt 'em to question the Truth of any Part of Point of the Establish'd Religion.
In order to answer this, I must beg leave to observe, that nothing is more certain than that God does not require of men Impossibilities, as a means to obtain their future happiness; and consequently all he desires of them, is to use their rational Faculties after the best manner they can, for the discovery of his Will. He therefore that does this, tho never so much mistaken, is as acceptable to God,
who is no Respecter of Persons
, as he that's not mistaken, since he has done all God requires of him, and the other could do no more.
To affirm his Mistakes are sinful, is to make God the Author of Sin, in so framing his Understanding, that after he had done all he could to avoid Error, he necessarily fell into it. And if it be the height of Impiety to condemn one of Sin or obeying God's Commands in impartially examining, it can be no less impious to affirm the Opinion unavoidably caused by so doing to be a Sin.
How happy would men be, if, notwithstanding their difference of Opinion, they would allow on all sides, that Impartiality and Sincerity were sufficient to recommend 'em to God, and by consequence to one another? Going a step further than this, justifies the severest method of the Inquisistion: for if Men can be guilty of Impiety, Blasphemy, and other damnable Opinions, tho on the strictest examination they judg them agreeable to the Will of God; and if it be the Duty of those that are in Power in every Nation to prevent this, they are bound to restrain not only the liberty of Printing, but of Preaching; and to use the severest methods they can, to hinder the spreading of whatever they apprehend to be such Opinions. But
If God will judg Men as they are accountable, that is, rational Creatures; their Reward, whether they hit or miss of Truth, will be in an exact proportion to the use they make of their Reason: and consequently no Opinion can be a Sin, but for want of an impartial Examination; and according as that has been more or less omitted, so one is more or less accountable.
If this, how paradoxical soever at first sight it may appear to some, is upon examination demonstratively true; What can be more unreasonable, than on pretence of preventing the growth of dangerous Errors, to restrain the Press, and thereby hinder Men from seeing, and consequently from examining the Reasons that make against the Establish'd Religion? when without an impartial examination, let our Re ligion be never so true, we hold it guiltily, and with it, tho never so false, innocently. But,
What can be more inconsistent with this grand Duty of Examination, than a Restraint on the Press, since there can be no other Cause assigned why 'tis unlawful to publish Arguments against the State Religion, but because 'tis unlawful to read them, that being the sole reason of forbidding the publishing of them? And if it be once supposed unlawful to read, it must be as unlawful to hear or think on any thing, that inclines one to question the Truth of any Part of Point of the National Religion: and consequently it makes it every ones Duty in all Countries whatever, to profess that without the least Examination. But
If one has no reason to expect a Heaven, who will not be at the pains to examine what 'tis God requires of him, in order to his coming there; what a condition must he be in, who not only neglects this himself, but labours to obtain a Law to make all others do the same?
The examining the Reasons on all sides (for prevention of which the Press is to be restrain'd) not only makes the Mistaken acceptable to God, but is the only Method that can be taken to prevent Mistakes; for which end God has commanded every one to
judg of himself
, to
try the Spirits
, to
prove all things
, &c. And therefore those Divines that are for Mens trying nothing, or knowing nothing, but what pleases the Licens'd Guides in every Country, give God himself the Lie, after the worst manner that can be. And
The more People are subject to mistake, the less Reason there is to rely on any one side, but with Care and Diligence to examine the Reasons of all, and consequently the Press ought to be open to all. And when a Discourse is printed, Men by viewing and reviewing it, may form a better Judgment, than when 'tis only spoken.
In answer to this, 'tis said, and alike said every where, that Men may have an impartial Information from the Clergy of the Establish'd Church. But
Are not they under a greater Restraint than others, being oblig'd to profess those Opinions to which their Preferments are annex'd, or else to starve? so that in this case, 'tis not the Man, but the Bishoprick, the Deanery, the Prebend, the Rectory that preaches and prints
nemine contradicente
, Popery in one place, Lutheranism in another, Calvinism in a third; and they possibly may think it but fair to Maintain such Opinions as Maintain them; tho to speak the Truth, the Opinions generally Maintain the Priests, better than the Priests Maintain the Opinions. Are men, so bound and shackl'd, likely to give a fair Representation of what can be said against 'em, when the only Cause they can alledg for restraining the Press, is to hinder People from knowing it? Do not the Blind lead the Blind, when the Guides on which others are wholly to depend, are not trusted to guide themselves?
In a word, all other Methods but this of examining, will equally serve to promote any Religion, tho never so false, and consequently cannot be the way to distinguish the true from the many false ones; but are the pious Frauds and holy Cheats, of not very pious and very holy Men, to keep the People in a blind Obedience.
As this method is the only way to discover Truth, so 'tis this that makes it most effectual: where Men without Examination entertain a Religion, it will have but little Influence on their Practice. That does not convince the Understanding, can have but a small effect on the Will: And as far as the Reasonableness of an Opinion is seen, so far only can it operate on a rational Creature; and the more Examination renders it so, the more force it will have on the Affections, which are not mov'd without some sensible Connexion between the Cause and the Effect. For this reasons thinking Men, Truth being endear'd to them as the discovery of their own Industry, are for the most part very conscientious; while those that owe their Religion to the chance of Education, have generally no more regard to it, than if they ow'd it to the Chance of a Die. If then the Freedom of the Press contributes not only to endear Truth when discovered, but to the discovery of it; and if that fails, to make even Error it self innocent, all the Arguments on the account of Religion do most religiously contend for its entire Liberty. To which let me add, that
The Noble Art of Printing, that by Divine Providence was discovered to free men from the Tyranny of the Clergy they then groaned under, and without which the Protestant Religion must have prov'd abortive, ought not to be made a means to reduce us again under Sacerdotal Slavery. And
If our Ancestors could not secure themselves from more than
Egyptian
Bondage, which the Pulpits brought on them, without the assistance of the Press: What hopes have we to defend our selves against both, when by the means of the latter, the Clergy have much greater opportunities, as well as Abilities, to accomplish their Designs?
The Restraint of the Press is consistent enough with Popery; but for Protestants to attempt it, is striking at the Foundation of their Religion, which is built on the natural Right every one has of judging for himself in matters of Religion. But what can savour more of a blind Popish Compliance, than so entirely to give up the Conduct of Religion to a few Licensing Preists, as that nothing shall be published but what they think fit? The Learned Dr.
Clagget
saith, (and after the same manner do all our Clergy write when they have to do with the Papists) "
Persuasive to an ingenuous Trial
, p. 28.
They that have a good Cause, will not fright Men from considering what their Adversaries say by their Books, but rather encourage them so to do, that they may see the difference between Truth and Error, Reason and Falshood, with their own Eyes. This is the effect of a well-grounded confidence in Truth, and there's the sign of a good Cause apparently discernable, in the Application of the Clergy of the Church of
England
, both to their Friends and Enemies. They desire the one and t'other to consider impartially what is said for us, as well as against us; and whensoever Guides of a party do otherwise, they give just Cause to examine their Doctrines more carefully, by how much they are unwilling to have them examined. 'Tis a bad sign, when Men are loth to have their Opinions seen in the day, but love Darkness more than Light.
Every one thinks he has a natural Right in all matters of Learning and Knowledg, except what relates to Religion and Government, to see what can be said on all sides, in order to form his Judgment aright; and there can be no reasons why these should be excepted, since to have a right Understanding in them, is what is most worthy a rational Being.
The more useful any Science is to Mankind, the greater will its Abuses be: Divinity, Law, Physick, are sad Instances of this. But how can these Abuses be discovered, if the Press be in their Hands that gain by them? What can be more useful than history, especially of ones own Country? and can we expect a true Information, when only one side is to print? And there are few Persons, especially at a distance from
London
, but would think it a hardship to be deprived even of such Trifles as the common News Papers, which would not be allowed under a Restraint of the Press. Nay, we could not then hope for an impartial account even in natural things, since an evident Truth in Philosophy has been thought a monstrous Error in Divinity; and a rational Discourse on any subject may be hindred from being printed, lest, as the late Bishop of Wr said of the most rational that ever was writ
The Essay of Human Understanding.
, it might be applied to other uses than what the Author designed.
Nothing can more discourage men of Abilities from writing, than to subject their Discourse to the mercy of an Ignorant, or at least an Unleisured Licenser: such a hardship on the Commonwealth of Learning, will be apt to make an
Imprimatur
signify no more, than that the Book is foolish enough to be printed.
As the People retain a right to offer their Advice to their Representatives, so there cannot but happen several things, wherein they may receive satisfaction from what is published by those without doors (as happened in the case of the Standing Army, and several other matters) which may in a great measure be hindred, by the Licensers of the press being influenced by those, who have an Interest to stifle Truth.
In a word, as many things as are worth understanding aright, so many Arguments are there for the liberty of the Press; tho the only reason that is pleaded for its restraint upon a Civil Account, is to prevent false Representations of Peoples Designs and Actions, especially of such as are dignified with a publick Character. But
Tho this may be done by speaking, who ever thought it reasonable, that all but one Party of Men should have a Padlock on their Lips? And yet this is all that's meant by a restraint of the press, since what is to be printed, is left to the arbitrary Will of men of this or that Party. And there can be no manner of reason, why writing and talking should not be on the same foot, since what's contrary to Law is in both Cases equally punishable; and a restraint of the Press cannot hinder Books from coming out by stealth.
What can be more unconscionable, considering how the Nation is divided, than to have all but one Party restrain'd from writing in their own defence, whilst that is at liberty to use them as barbarously as they please? With what unchristian Temper and inhumane Insolence will Partymen treat those they are comply'd to write against? and what Misrepresentions, Lies and Calumnies will they not then be guilty of? 'Tis the danger of being detected and expos'd, that makes Men write with more Temper, as well as more regard to Truth.
If the Honourable House of Commons have upon a solemn Debate, thought fit to publish their Proceedings to prevent being misrepresented, why should they deny those they Represent the same Liberty? And when both Houses have thought it necessary to print, (and one may venture to add, that neither House, without this Liberty, would have thought their Reputations safe) it cannot be presume'd that either House will be putting such a Hardship on the Nation.
As Honour and Reputation secure their Votaries from committing ill and base Actions, so they incite them to all good ones; but if the Press be in the Hands of designing People, it may have a quite different effect, and be wholly employed to traduce, as it was in former Reigns, the best Men both in Church and State. And
It will be a great encouragement for Men above the ordinary reach of the Law, to crush those beneath them, when the Press shall speak only in their favour, and the injur'd are depriv'd of the last satisfaction that opprest Vertue has, of appealing to the People, and justifying their Innocence to the World. And therefore I cannot see how one, that has any value for his Reputation, will be content to run the ha zard of having it put out of his power, to justify himself as publickly as he is injur'd. Whether what is said of Truth, that none is against Truth but where that is first against them, may be applied to the Press, I will not determine; but those whose Actions cannot bear examination, will, no doubt, be glad of its restraint, and possibly may add Iniquity to Iniquity, by pretending they desire it out of Affection to the Government, or Zeal to the Church.
The restraining the Press may not be so much for the Interest of any Party, as some fondly imagine; because their being for it, will be apt to make men believe the very worst things their Enemies say to be true; and that 'tis the fear of having their pernicious Designs discovered, which makes them take a Method, that till now they themselves oppos'd, and which in former Reigns was made use of to advance Slavery and Popery. But
If this be of no weight, let it be consider'd, that the Press, Jackanapes like (as a
Scots
Gentleman said of their King) may be made to bite whomsoever they, in whose Custody it chances to be, think fit; and a restraining Law no sooner made, but the Scene of Affairs may so alter, that the Party which promoted it, may be scourg'd with Rods of their own providing, and be themselves debarr'd of that Liberty they design'd to exclude others from. And possibly some may be glad of such a Bill, the better to deprive them of those advantages, which without it they would not think prudent to attempt. But tho this might not be the consequence at present, who can be sure in what Hands the Press hereafter may be plac'd?
As the chief Happiness as well as Dignity of rational Creatures, consists in having the liberty of thinking on what Subject they please, and of as freely communicating their Thoughts: so all good Governments that have allow'd this Freedom, were so far from suffering by it, that it wonderfully endear'd them to their People. And no Ministry can be hurt by the liberty of the Press, since they have a number of Dependents, ready upon all occasions to write in justification of their Conduct; nay, to gold over the worst of their Actions, and give a fair Colour to their most pernicious Designs; and at the same time so to misrepresent the true Patriots of their Country, that the People, their real Friends, being deprived of the liberty of publickly justifying themselves, may mistake them for their Enemies, and caress those that are truly so.
The liberty of the Press must keep a Ministry within some tolerable Bounds, by exposing their ill Designs to the People, with whom if they once lose their Credit, they will be very unfit Tools for a Court to work with. But
The Arts of State in most Places being to enslave, or keep the People in Slavery, it became a Crime to talk, much more to write about State-Matters. And the Press in most Countries of
Europe
speaking nothing but Court-Language; the People, who till the Invention of Printing had tolerably well preserved their Liberty, were by degrees gull'd and cheated out of those inestimable Blessings. And there's nothing, either with respect to Religion or Politicks, so destructive to Mankind, but may be made, where the Pulpit and Press conspire together, to pass for Divine Truths.
The slavish Condition the greatest part of Mankind in all Ages have been in, shews how much they have been wanting to themselves in not taking alarm soon enough at the Chains that were preparing for 'em. And as there are few, very few Instances of Peoples having perceived the intended Slavery, soon enough to prevent it; so there are fewer Instances of their having taken Arms, but upon very just Occasion.
In a word, as there's no Freedom either Civil or Ecclesiastical, but there the liberty of the Press is maintain'd; so wherever that is secur'd, all others are safe. That like a faithful Centinel prevents all surprize, and gives timely warning of any approaching Danger. And therefore 'tis to be hop'd, that the Trustees of the Peoples Liberties will preserve its Freedom entire; for if its sacred Liberty is but once affected, tho by never so gentle a Law, 'tis to be feared that this will be used as an Argument to restrain it as much as ever; for then 'twill be easy to engraft a new Law, on pretence that the old did not answer the end, as we see 'twas urged in the Case of the Conformity Bill.
As to the obliging Authors to set their Names to their Works, that can only serve to hinder the publishing the most useful Books,
viz.
those designed to rectify Abuses. Besides, this prejudices Peoples for or against a Book, and serves as a Handle for fulsom Flatteries, or gross Abuses; and we have too frequent Instances of mens thinking to atone; for not answering the Arguments, by railing at the Authors. And therefore those Writers, such as the Author of
the Whole Duty of Man, &c.
that design the utmost good, have industriously concealed their Names.
FINIS.
A FULL CONFUTATION OF Witchcraft: More particularly of the DEPOSITIONS Against
JANE WENHAM
, Lately Condemned for a WITCH;
at
Hertford.
In which The Modern Notions of Witches are overthrown, and the Ill Consequences of such Doctrines are exposed by Ar guments; proving that, Witchcraft is Priestcraft.
A Natura multa, plura ficta, à Dæmone nulla
.
In a
Letter
from a Physician in
Hertfordshire,
to his Friend in
London.
LONDON
: Printed for
J. Baker
at the
Black-Boy
in
Pater-Noster-Row
, 1712. Price 6
d.
A FULL CONFUTATION OF
Witchcraft
, &c.
SIR
,
THO' the Province you have assign'd me is the last I should have undertaken, by my own Consent, yet a Request from you, carrying the Force of an absolute Command along with it, I have ventur'd to give you my hasty Thoughts upon a Subject which otherwise should have pass'd amongst the rest of the pious Frauds that have plagu'd and distracted Mankind.
I am fully aware to what hazards a Man of a Publick Character, exposes his Reputation to, in talking freely, much more in writing on such a Topick, especially in the Country, where to make the least Doubt, is a Badge of Infidelity; and not to be superstitious, passes for a dull Neutrality in Religion, if not a direct Atheism. And here,
Sir
, I cannot but envy one Privilege you enjoy in Town, which is, a Freedom of Thought and Talk, whilst we are very often reduc'd to the Necessity of swallowing the greatest Improbabilities, without the least Change of Countenance, for fear of offending any Bigot of Figure. To offer any Reason in Bar of their Perswasion, would be call'd an Attempt upon their Judgments; so that in all popular Errors, if we discover the least Incredulity, we run the Risque of being taken for Men of no Religion; or if we pretend to be implicit Believers, we play the Hypocrite with our Reason and Conscience. But as to my own part, who never yet came under the slavish Ties of popular Compliances, or ever suffer'd my Judgment to mingle with the Crowd, am not very tender of contradicting any Opinion, how powerfully soever supported, where I see any tendency in it towards enslaving Mankind, or establishing Error on the Foot of Pride and Superstition. I am glad so judicious and penetrating a Judge went the Circuit, who could not be impos'd upon by the stale Artifice of Exorcisms, or suffer his Faith to bend to an enchanted Feather. His rational Distrust of so many Improbabilities, I hope, will be a lasting precedent to others in that venerable Station; so that hereafter we may not have that Waste of Humane Blood in every Village, upon the wild Testimonies of a parcel of Brain-sick People, who often stand in need of Dieting and Shaving themselves.
What I have to say upon this Head being to be compriz'd within the Compass of a Letter, I shall not enter upon a long Dissertation of the distinct Species of Evil Spirits, or the Difference the Learned make between them; but directly fall upon examining the Absurdity and Inconsistency of the late Depositions against
Jane Wenham. 2dly
, Shew that all our Proofs of Witchcraft, are very fallacious, and consequently ought never to extend to Life. And in the last place, That the pretended Exorcisms practised on
Anne Thorn
, are meer spiritual Juggles, and the very Spirit of Priest-craft.
Of all the ridiculous Stories that have been vamp'd up to seduce and impose upon the credulous Part of Mankind, I never yet met with any one usher'd in with such a Farce, as that of
Mathew Gliston
's being sent upon a Fool's Errand to fetch Straw from a Dunghil, leap three Miles, without having any further Violence offered to him. This was a sportive sort of Witch-craft; and
Jane Wenham
's Familiar at that time, was a merry Droll, he must be rank'd amongst that Species of Demons, of which they say there are but thirty Thousand who divert themselves with wild Pranks here upon Earth, and sometimes are said to do agreeable Services to Mankind. But setting this aside, how natural is it to conjecture, that this Fellow, in order to ingratiate himself with his Master, and knowing the Spleen he bore
Jane Wenham
, to contrive this foolish
Capricio
of his own, which, how ridiculous and unaccountable soever it may sound, still makes it more the ignorant Fellow's own Invention, and could not fail of being digested by all Degrees of People, after they had proclaim'd her a Witch for some Years? But can any Man in his serious Thoughts believe a Spirit to be an Actor in so comical a Part as is here represented? Can it enter any Man's Heart to conceive, that any Familiar, or Demon, would engage in such Trifles, to come and play idle insignificant Pranks, enter a humane Body, force it against its Will to such a place, and
cui Bono
, why truly, for a pennyworth of Straw, and to bring it home in his Shirt. These are such crude, indigested Stories, as would scarce pass upon the poor ignorant Lap-landers.
This was only design'd, I presume, as a merry Prologue, to make the Auditors laugh, till the Curtain was drawn, and the Scene open'd, where the rest of the Entertainment is equally diverting.
Jane Wenham
is affronted for being call'd Witch by
Chapman
, Mr.
Gardiner
the Parson is made Referree of the Difference, assigns her but a Shilling Damage; which she resenting, said, she would have Justice somewhere else, if she could not have it there. Though there was nothing harsh in that Expression of
Jane Wenham
's, but what might drop from any Person either con scious to herself, or not conscious of the Crime she was accused, considering the Provocation was so great in the Eye of the World, and the Damage assign'd her was so small; yet upon an Accident falling out in Mr.
Gardiner
's Family, this Expression of hers is wrested to a Threatning of some dreadful Revenge upon the Parson's House. But here a modest Query may arise: Why did not the Blow fall directly upon the Parson, who had injur'd her, or transferr'd to so remote a Branch of his regard as that of a Servant? That Question, upon second Thoughts, may be too free: What! Thunder-strike Oaks? What! a Clergy-man lie exposed to the Fury of the Devil? No, no, they are all of the holy Seed, and cannot be reach'd by any infernal power: So the Man of God being impregnable, the poor Maid, who is describ'd equally as innocent, is left to stand the Shock. And really the first prank is very extrarordinary:
Anne Thorn
finding a Roaming in her Head, and thinking on
Jane Wenham
, is with her lame Knee, all on a sudden, transported against her Will, half a Mile, climbs over a Five-Bar-gate to gather some Sticks, meets an Old Woman, who gives her a crooked Pin to pin up the Sticks in her Apron and Gown, and so she returns, and Mrs.
Gardiner
finds her stripp'd upon her Return. A strange and wonderful Account, and all done in the space of seven Minutes, which would take upon seven Years to make good Proof of. Now the genuine Account of the Matter seems to lie thus:
Anne Thorn
sitting by the Kitchin Fire musing, and her Spirits being under a growing Disorder, as we may rationally suppose they were, by the Sequel: Such an irregular motion as stripping her self, might strike upon her Fancy, and she be prompted to take off her Gown, and gather up a few Oaken Twigs, which lie generally loose about a Kitchin hearth, and make them up in a Bundle: That being seiz'd with an Epileptick Fit, as the Symptom of finding a Roaming in her Head (by which, no doubt, she meant a Giddiness or Vertigo) plainly indicates,
Jane Wenham
, who was in her Thoughts just at her going into the Fit, might very probably beat strongly upon her Imagination, during that Paroxism; and that Mrs.
Gardiner
coming in at the Close of the Fit, and finding her in that disorder'd Posture,
Anne Thorn
related to her what was so warm upon her Fancy. This is natural to suppose, without stretching of Reason, or common Sense. But here was a very good Handle for a Story against the suspected
Jane Wenham
; and when they were furnish'd with such Materials from the poor Delirant, they might as well make a Wild-Goose Chase of it, as let the Scene be confin'd to so narrow a Compass as the Chimney-Corner. Evidence in such a Case could not be long a procuring; no doubt, the whole Parish, after a Prepossession of
Jane Wenham
's being a Witch for many Years, could not fail of believing any Thing against her, even in Opposition to their Senses. Accordingly two of
John Chapman
's Men are pitch'd upon as Witnesses to this Half-Mile-Course of
Anne Thorn
's; one of which, I presume, was the Fellow that was sent to pick Straws three Miles, and had not worn that Journey out of his Head; and another (as discerning a Spirit as himself) Evidence that perhaps might justly hang a Day for Sheep-biting. This, I say, seems to be a plain and full Account of the first Adventure. But when People come to talk positively, and depose the several Passages as are related by
Anne Thorn
, upon Oath, they are shocking to every common Ear. In a true Laxation of the Knee, it is impossible to walk, the Bone being out of its proper Socket, rendring the Motion of the Muscles altogether useless. If it was only a violent Extention of the Rotula, something might be allow'd: But it's hard to tell what this was, your Country Bone-Setters seldom plaguing their Heads with Distinctions.
Now here, if I might find room for Belief, I would rather place
Anne Thorn
amongst the Number of Maniacks, than Demoniacks, for they really bespeak something more than Histerical: Her frequent Ravings, her lucid Intervals, her strong Imagination, her more than ordinary Strength, are Symptoms which agree well enough with Mad People; her frequent Calling out upon
Jane Wenham
, as the Source of all her Woe, no doubt, was owing to an Idea strongly impress'd upon her Brain, of
Jane Wenham
's being a Witch, and a mis chievous Person, improved by an heated Imagination, and raised to a pitch of Fury against her by the quick and impetuous Motion of the animal Spirits, and rapid Motion of the Blood.
As to that Objection which lies in my way, of
Anne Thorn
's appearing very composed, and free from any Disorder of Mind, before she was seiz'd with these Fits. It is answered, That generally before Maniacks, or mad People, fall into their Distemper, there is a great Calm and Slowness of Motion in the Animal Spirits, which occasions a very slow Motion in the Humours about the Bowels, and very often a Stagnation, that disposes them to a particular sort of Putrefaction, whence gradually proceeding some putrid, sharp, and salin Particles that oppress the Animal Spirits, and dull their Motion, till they separate gradually, and mix with the whole Mass of Blood, then at length great Crowds issuing out, do violently stimulate and hurry the Animal Spirits into that Fury and Tempest.
As to her seeing an Old Woman muffled up in a Riding-Hood, and giving her a crooked Pin, and then va nishing, is all ridiculous and fanciful. For in less Indispositions than this poor Maid is reported to labour under, we find People, either thro' a Viciousness of Sight, or by a certain Situation of Objects, they believe they see that which really is not. In nervous Cases, does it not often happen, that by a certain Motion of our Eyes, Objects appear to us otherwise than they seem to us when without this Motion? In short, our Senses are allow'd to be great Deceivers. But I take this Apparition of the Old Woman in a Riding-hood to be the effect of a deprav'd imagination; Fear, Terror, and Rage, had so distracted her Brain, and multiply'd so many monstrous Idea's of
Jane Wenham
's destructive Power, that
Anne Thorn
could, in case of need, have, by the Strength of her warm Fancy, transform'd Old
Jane
into more Shapes and Figures, than she of her Familiar were able to do.
After this,
Anne Thorn
is represented to us falling into Trembling and Convulsions, and upon her Recovery, impell'd to go and fetch more Sticks, without which she should never be well, and leaping over Five-Bar-Gates in her Passage; and that she was hindred from going any further by
Jane Wenham
, who stood in the Way to intercept her. Place this Account with the Evidence, as I do the other amongst the Mid-summer-Night's Dreams, and do deny it to be in the Power of any person, the World calls a Witch, or Familiar, to force any Person against their Wills upon such trifling Errands; or to act so upon them, as to make them leap Five-Bar-Gates,
&c.
As to the
First
, If it be said that a Demon, Witch, or Spirit, forces any Creature to act in such and such a manner, I demand in the next place, how he forces him? Does he absolutely deprive him of the Liberty of doing what he pleases? How came he by this Power? Has he it from himself, or from some Superior Being? I believe few are so sanguine to affirm, that he has of himself the Power of forcing Men to do whatever he pleases, without their being able to avoid submitting to his Decrees. If it be urg'd, that he holds this Power of the Supreme Being, what Proof can be produc'd of it? Whatever Argument can be form'd to prove this, Can it possibly suit with the Divine Wisdom and Goodness? Is there any Agreement betwixt so immense a Power lodg'd in a wicked and revengeful Spirit, and the Divine Love to Mankind, joined with his Knowledge of their Weakness, and how easily they are captivated and surpriz'd by his Wiles? As to the Second, 'tis no difficult matter to say a Witch's Familiar, Demon, (or what you please, amongst the vast Variety of Names to call them) can do this or that; but this does not convince every thinking Person of his or her preternatural Power. Let's make a familiar Instance: No Spirit acts otherwise than by its own Will, and its Will consists in nothing but a bare Thought. Then I demand, how our own Spirit, that is our Soul, does the least thing to our Bodies, if it be true that this is done by Thought? If it is our Will, our Foot and Hand move, and in such a manner as we would have them. Let us try the same on another Body which is not ours, without the Interposition of our own. Let's try a little only by Thought, to make a Body, or the Resemblance or Shade of any one in any Place whatever here on Earth, or in the Air.
Now
How then should a Demon or Familiar do this, who has no Body of his own? But setting aside this, perhaps as a little too abstruse, you'll say perhaps, the Supreme Being permits this Demon or Familiar to enter the Body of the Person, and so actuate it as it pleases. What a Chain of Absurdities must we admit of here. Here we must suppose God working a Miracle upon every trifling Occasion, to oblige the evil Spirits; as if Miracles were not too much to grant them, considering how strongly they are bent to do Mankind Mischief; and not only this, but likewise indulge them in several apish, ridiculous Pranks, which they continually abuse, to the Dishonour of the Creator, and the Damage of his innocent Creatures, and to sum up this Inconsistency, all to humour some poor, decripid, silly Old Woman. I pass by a Hurdle of Follies, much of the same Nature, till
Jane Wenham
is brought to
Anne Thorn
, who long'd to satiate her self with her Blood: Accordingly
Jane Wenham
comes to her, and
Anne Thorn
's Colour and Speech returns, and she scratches
Jane Wenham
's Forehead, but could fetch no Blood, which occasioned a very sage Remark. Now, who but a pack of Idiots, could have expected a Torrent of Blood, or indeed but a few Drops, from a shrivell'd Old Forehead, which, if squeez'd and collected, would not yeild half an Ounce? and even in its most florid State, is but a dry Muscle, and the Vein a rowling one, not easily to be launch'd by a Finger-Nail.
After this, we find
Jane Wenham
submitting to be search'd, and willing to undergo all those Trials that never fail of discovering a Witch, according to the Country Probations; but this we find pass'd by as unnecessary at that time, but afterwards try'd to no purpose; tho' if any of those Persons concern'd in her Arraignment, had from their Souls believ'd her as they represented her, I am apt to believe, they would have been likewise satisfied in that Point, as well as given to other ridiculous Notions and Experiments, as burning the Bundle of Sticks, and the Pin, and the Feathers,
&c.
But now comes on the famous Trial of Skill, about repeating the Lord's-Prayer. The Reverend Mr.
Strut
, the chief Champion in the Lists, and his Fel low Labourer Mrs.
Gardiner
, against a poor ignorant Old Woman.
Impar congressus
: And great Stress is laid upon her repeating,
Lead us not into Temptation
, with two Negatives. Now I would venture a small Wager upon it, take
England
round, and there are 3 Parts in 4 of the Country People pronounce that Sentence generally after this manner. But not putting this infallible Touch-stone upon so uncertain an Issue, as coming from the Mouth of a Reverend Divine; It may be worth the while to enquire, whether too many of the Auditors were not very curious in watching every Lapse of her Tongue, or preventing her Repetition of those Words, with too many impertinent Questions, or alarming her with the suppos'd Impossibility of repeating them. But drawing off from Conjectures, I would fain know how the false Pronunciation of that Sentence particularly, came to be the
Criterion
of a Witch; I think none of our Rubricks enjoin it as a specifick Trial, and I hope, no learned Divine has borrow'd it either from a Popish Legend, or found it amongst some Country Receipts for a Strain, a Quaking-Pudding, or a Cut Finger: No, we cannot think so meanly of any Branch of the sacred Body. Then let's come a little closer to the Point, and try it by dint of Reason. It would be some Satisfaction to know, why a Witch,
&c.
as the Reverend call poor old
Jane
, should boggle at one Sentence more than another. The Reason assign'd, I presume, is, that they being conscious of running voluntarily into Temptation, have not the Face to pray that God would prevent them from falling into it; whereby the Reverend allow their Witch some Grace. But pray then, with what Front can such a Creature say,
Our Father, &c.
when she has renounc'd God, and resign'd her self up to the Devil by Contract? How can she say,
Thy Will be done
, when she is continually employ'd in the Devil's Service? In fine, How can she pray,
Thy Kingdom come
, or for the second Coming of Christ to Judgment, when she must expect by that Judgment to be irreversibly damn'd? But here's a very strong Argument they bring to confirm the Guilt of
Jane Wenham, viz.
her falling down at Mrs.
Gardiner
's Feet, before she gave in her Information, and begging her not to swear a gainst her, using many Expressions of Fear, least she should be sent to Goal. Now with me it's a moot Point, whether
Jane Wenham
's earnest Entreaty to Mrs.
Gardiner
, not to swear against her, does not seem rather a tender Regard to Mrs.
Gardiner
's Soul, for fear she should Perjure her self in her Deposition, than a Discovery of her own Guilt. But setting that aside,
Jane Wenham
might very readily suggest to her self, that Mrs.
Gardiner
being the prime Undertaker in this Affair, a fierce Bigot, and a superstitious Believer of whatever dropt from
Anne Thorn
's Mouth in her raving Fits, might, by a heat of Passion, peculiar to such Zealots, give some Colourings of her own to the ridiculous Account she was to relate: And
Jane Wenham
being a poor helpless Creature, detested by the whole Parish, upon the Supposition of her being a Witch, being sensible of the Weight and Authority of such an Evidence, and that her Fate in a great measure depended upon her Deposition, might, amidst those anxious Fears and Cares, be allow'd to sollicit Mrs.
Gardiner
's Favour, without the least Colour of Suspicion. Then as to expres sing her Fears of being sent to Goal, there is so little Stress to be laid upon it, that nothing could have justify'd the Mention of it, but only that it serves to make this Collection of Prodigies more curious. For who is there without dismal Apprehensions of a Goal? Who thinks of Confinement without Horror? Much more might such an abandon'd Wretch, who had neither Friends or Money, dread being sent there, when, under her Circumstances, she could expect nothing less than a Course of Misery and Hardship worse than Death.
As to the Information of
Susan Aylott
, it's so disjointed, and even conjectural, after her own Way of telling the Story, that it deserves no Remark.
Thomas Adams
's is likewise of the same Complexion. He, it seems, has 3 or 4 fat Sheep die of the Megrim, by feeding in too rank Pasture; and because this poor old Creature was seen in his Turnip-Field,
ergo
she bewitch'd his Sheep. Fair Consequences, and which, if made use of, might serve to condemn all the innocent People of a Parish, as well as the guilty, in the space of a Year.
Another Wise-acre swears he came within 3 Minutes of
Jane Wenham
's threatning
Anne Thorn
, and if he had been in the
Indies
at that time, 'twas as much to the Purpose.
But here is some seeming weight in what comes next: Mr.
Strut
having renew'd his Proof of
Jane Wenham
's Guilt, by her not repeating a particular Sentence or two in the Lord's-Prayer; after his Dialect (which I have already shewn to be inconclusive) asks her, if she had any hand in bewitching
Anne Thorn
; to which at first she gave not positive Answer; but upon Mr.
Sturt
's telling her how beneficial such a Confession would be to her own Soul, and others, if she was guilty, she began to relent, and in the Presence of Mr.
Gardiner
, and her Kinsman
Archer
, Mr.
Strut
ask'd her sincerely to tell him whether she was a Witch? she said she was: Then he ask'd her, whether she had not an hand in bewitching
Anne Thorn
? she said she had, but there was another concern'd with her: Then he ask'd what induc'd her to it? she said, the Girl had once vex'd her. Then she was ask'd, whether she did not meet
Anne Thorn
on
Tuesday
Morning? To which she answer'd, No: But being ask'd, whether it was not her Familiar? she answer'd in the affirma tive. She likewise confess'd, she had liv'd in that Course of Life above 16 Years: She then being ask'd, what induc'd her to that Familiarity with the Devil? Said, it was a malicious and wicked Mind; for when any of her Neighbours vex'd her, she us'd horrid Curses and Imprecations, on which the Devil took Advantage over her.
With Submission to this Reverend Divine, I think that all the Questions are very superficial, and ensnaring, and half of them such as she knew not the meaning of. As to the first, Whether she was a Witch, she is said to confess her self to be so: Whereas, if his second Question had been, What is a Witch? she would not have been able to tell; and I question whether it might not have put his Reverence to some trouble to define: The Parish having lodg'd that Name over her for some Years, the poor simple Creature own'd her self to be what they had stigmatiz'd her for, without either knowing the Hazard of Confession, or the Properties of a Witch. The second Question is as unfair as the first: For she not being supposed to know the Meaning of a Witch in the Latitude, her Accusers took it, so by that second Que stion they involv'd the poor stupid Creature in a Plot against her own Life. If the Question had follow'd, about the Modus of her bewitching, she would have been as much at a loss as to have defin'd a Witch. The Third Question about her Familiar, is equally ensnaring, she not knowing the meaning of the Term, or the Use a Familiar is put to: The Parson help'd her out with a leading Question. Then as to her Confession of having liv'd in that Course 16 Years, I take to be no more than a bare Computation of the Time the Parish had accounted her so. The last is a fair as the rest,
viz.
What induc'd her to such a Familiarity with the Devil? when we have no account of any she made use of. What Familiarity this was, should likewise have been enquir'd into: The original Contract between them produc'd, an Account likewise how the Commerce between them had been carry'd on; In what manner she acted under the Devil? But instead of this, we have the old dry Answer, a wicked Mind, and that she using to curse her Neighbours, the Devil took advantage over her. Why is not the particular Advantage the Devil took over her explain'd? No doubt, the Devil takes advantage over every Person that transgresses, but not so as to bring him under his immediate Power and Influence: Neither do I believe the Devil took any more advantage over her, than any common Sinner. But the Questions and Answers are so prettily adapted, and contriv'd so well for shortning the Dispute, and ensnaring the poor senseless Creature in a few Words, that I cannot help believing but the whole Catechism, both Question and Answer, was contriv'd by the Priest. Ay! But here is Self-Conviction, she is condemn'd out of her own Mouth, and what necessity is there of farther Evidence. But consider the Creature that thus condemns her self: A poor, stupid ignorant Wretch, that had been harrass'd out of her Senses, threatned by all the Parish, Brow-beaten by the Justice, loaded with 20 hard-mouth'd Depositions, closeted by Priests, told the Advantages of confessing, and perhaps, that a frank Discovery might be of use to her. I say, weighing all these Circumstances, What could be expected from this poor Wretch under this Consternation? But however, it is not Rarety to find these reputed Socerers and Witches, accusing themselves of what they were never guilty, even of killing Persons, when they have been actually alive, either out of an unaccountable Vanity of distinguishing themselves, or a vain Design of making themselves fear'd.
After this, we are entertain'd with a merry Account of Caterwauling, and with such variety of Accents, as are seldom heard but about Midnight. But we find
Ann Thorn
's Fits continuing violent
upon her, and taking notice of no Person; but when
JaneWenham
was brought into the Room, she flew up with great Strength and Fury, crying out,
What are you come to torment me
, once when all the Family had given over
Anne Thorn
for dead.
It must be allow'd, that all Persons labouring under those violent Fits as
Ann Thorn
did, have their seeing and hearing much more exquisite (tho' deprav'd) than others, in regard of the abundance of Animal Spirits which are contain'd and engendred, insomuch that it may be affirm'd, that the greatest part of their Blood is spiritualiz'd or converted into animal Spirits. Now we may rationally suppose, that
Anne Thorn
having spent her Fury upon
Jane Wenham
in the former Encounter, that long Intermission out of which she could hardly be provok'd, but at the Appearance of
Jane Wenham
, may be ascrib'd to the great Expence and Waste of Animal Spirits in her last Fit, which she was forc'd to repair, by giving the Remainder of her Spirits time to breed more.
In the next place, we meet with an enchanting Pin, which young
Chauncy
takes out of
Jane Wenham
's Hand, and pricks her with, and at last fetches out a
Watry Serum
; by which, I presume, they mean a Serous Blood. And truly, no more could be expected from a Woman advanc'd in Years, who liv'd low, and perhaps might have some other reason for such a Scarcity of florid Blood. But after this, we find
Jane Wenham
goes home, and passes the Night in Singing and Dancing, saying, the Maid should be well that Night: Was there ever such a Mixture of Frenzy, Simplicity, and Unconcernedness? Truly, I am apt to think,
Jane Wenham
her self was a little touched, by being so often put to the Torture of Ill-Tongues, and more an Object of Pity than Revenge.
Now comes on a second-sighted Evidence, who sees Pins convey'd to
Anne Thorn
by an invisible Means. 'Tis Pity there had been any more Depositions, this is so conclusive: It would puzzle a Judge whether to try the Criminal or the Evidence: For the seeing an invisible Power, looks very dangerous.
After this, these Witch-hunters make use of an infallible Secret of proving
Jane Wenham
a Witch, by putting some of
Anne Thorn
's Urine into a Stone Bottle, tying the Cork down, and setting it over the Fire.
I presume this Experiment, was made at the Instigation of Mrs.
Gardiner
, who was the prime She-Undertaker in this great Affair. If the Clergy were concern'd with the Maid's Urine, they would oblige the World with giving them a
Rationale
of its working such surprising Effects.
In short, these busie People were teising
Jane Wenham
upon every Occasion, that they had brought her to Fits at last, and it's no wonder to find her falling into the Alternatives of Grief and Joy.
Before
Jane Wenham
is sent to Goal, Mr.
Strut
and Mr..
Gardiner
make another Effort upon her, and remind her of her former Confession, which she poor Creature took little Notice, of being full of Evasions. By which we may learn, how little she knew of the Consequence of her confessing what she did to to the Parsons; but she finding they improv'd it to her Disadvantage; and being advis'd, I presume, to lie more upon her Guard, was shy in answering, and told them,
They lay in wait for her Life
. Being ask'd in what manner she contracted with the Devil? she said, an Old Man spit upon her. A notable Method of Bargaining, and a pretty Invitation into his Service, and the newest way of Signing and Sealing between Parties that one shall hear of. I have read in your Books of Demmography, something that looks more solemn; as that the Devil, in order to make People renounce God, usually makes them touch a Book, which contains several abstruse Characters, and then threatens to throw them in a deep Lake of Black-water, if they don't instantly perform the Renunciation: Then at the Rendezvous of their Sabbath-meetings, he gives them a past of Black Millet, and the Liver of an unbaptized Child, which has a Vertue in it of making them keep the Devil's Secrets. He likewise sucks the Blood of the Left-foot of the Sorcerer, or Witch; with the like. These look like formal Initiations: But this poor Wretch was only spit upon by an old Farmer; perhaps in Spleen, or Derision, and possibly pi---s'd on, and this instantly debs her a Witch.
Passing by the two sensless Depositions of
Isaiah Wright
, and
Thomas Harvey
, we are next presented with an enchanted Pillow, with a great many Cakes of small Feathers; which, how great a Wonder soever the Priests made of it, is no surprize to the
Upholsterers
, who meet with such Prodigies every Day, in the ordinary Course of Business. As to the Maids being better after the burning the Feathers, it's no wonder, People in
Anne Thorn
's Condition being always reliev'd by the Smell of such Volatiles.
The last wonderful Phænomenon is,
Jane Wenham
's appearing to her in the Shape of a Cat. Now setting aside the Viciousness of
Anne Thorn
's Opticks, and the irregular Motion of her Spirits, which made her take a Cow for a Tree, and a Man for an Horse. I deny that there can be any such Transformation of an Humane Creature into a Cat, Dog, Hare, or any other Species. It is not possible, either in Soul or Body. Not in the Soul, for that would be a sort of Mortality, to which the Soul is not subject. The Sorceries and magical Effects of Evil Spirits may, if God permits them, stop the Passages of our Senses, disturb them, and enfeeble the Organs, but they cannot annihilate and extinguish the reasonable Soul, efface the Image of God, to substitute a brutal Soul in its place. But if it should be alledg'd, that the reasonable Soul sequesters it self, and makes room for the other, that cannot be done without the intire Death of the Body. Nor is it any more possible that two Souls, the Reasonable and the Brutal, should be joined together, for then there would be two essential Forms in the same Subject, which cannot be allow'd according to Physical Principles. Nor is the Transformation of the Body more possible; for this Vessel cannot be changed in order to substitute another to the reasonable Soul, which is also improper to vivifie and organize the Body of a Beast. This Head, this Humane Brain, in which the Imagination is lodg'd, and in general, all the Members of the whole Body, are so aptly compos'd for the Functions of a reasonable Soul, that it cannot be lodg'd in the Head and Body of a Brute.
I shall take notice but of one ridiculous passage more, and so close up my Remarks upon the Narrative, which is, that of
Jane Wenham
's coming to
Anne Thorn
's Window, after her Commit ment, and threatning to torment her.
Now I thought it was a received Opinion, That Witches had no Power over a Person after being in the Hands of Justice. But supposing they have, a Query very naturally occurs; How comes it to pass, if these miserable Wretches have Liberty to get out of Prison, that they are such Fools to return, and expose themselves to the almost inevitable Danger of suffering the Torments appointed in such Cases. At this rate, we must believe they learn no Wit by conversing with the Devil.
Having briefly run over the Narrative, according to the Promise I made you at first,
Sir
, I proceed to shew how fallacious the Proofs of a Person's being a Witch are, and consequently ought never to extend to loss of Life. In
Germany
, People have a fine time of it: A bare Report that the Person is a Sorcerer, or a Witch, is enough: They are immediately upon that imprison'd, and then interrogated; if they deny it, they are put to the Torture; if they own it, they pronounce their own Sentence. It is not so bad with us, God be thanked, but the Proof against the Criminals of this kind, amongst us, is for the most part very precarious, the chief Evidence against them being generally taken from Persons said to be bewitch'd by them, who are for the most part distemper'd in Mind, and consequently their Attestation is of no more weight than a Person's under a Delirium.
If any Mischief befals a Person, or his Family, after the passionate, but impotent threats of an Old Woman, it's a sure Argument of her being a Witch; as if the Muttering of a few Words should conceal in them the occult Malignity of an immediate Poison, or that a Wish should be able to infect Cattle with the Murrain, or that God, whose Omnipotence but very rarely transcends the Laws of Nature, should allow them to be violated continually, to oblige a petulant peevish old Woman, and the Devil be still at her Devotion.
But if there be no Occasion given, if Envy, Revenge, Malice, or Power, fall in with Ignorance, they may prove fatal to any destitute of Friends: Nay, some Performances, the like of which have not been seen before, in which appear some Motions, of which the Springs are unknown, have been sufficient to fix the Brand of a Sorcerer upon a Person. A learned Man at
Paris
was accus'd of Magick, for printing a Commentary on the Tenth Book of
Euclid
; and a
Norman
Gentleman observing from the Barometer, that it would not be long be fore it rain'd, got his Hay mow'd whilst the fine Weather lasted, which made the Country People report, he held a Correspondence with the Devil. The Water Experiment to try Witches, is the most fallacious of any, so is that of Marks about the Body: A Mole or Wart, or any Excrescency, passing current for the Stamp of the Devil. It would be endless to recount the several idle Tokens the Country People have of Witchcraft, and not one of them with the least Shadow of Reason.
Now that the Vulgar should ascribe every thing that's a little surprizing, to Witchcraft, is no wonder; but that Clergymen, Men suppos'd to have made some Improvement in Physick, should give into the little crude Notions of Nurses and Old Women, about Things which might easily be solv'd by natural Causes, is astonishing; but there is a Vulgus amongst the learned, who, because they cannot readily assign a Cause for the Event, as being less obvious to Sense, presently conclude it preternatural. To own their Ignorance, 'twould put them into too great a Confusion, or give them too much Trouble to search into these Causes. 'Tis a surer as well as a shorter way, for their Reputation and Ease, to cry it up at once for a Miracle. By that they free themselves from many perplexing Queries; and intermixing the specious Pretext of Religion with it, they seem to advance God's Glory.
I think, amongst the few good Things that
Lewis
XIV. has done, this ought to be mention'd, that he has alter'd the Proceedings against Magic and Witchcraft, turning the Penalty of Death into Banishment, and afterwards by a Decree of the Council of State in 1672, order'd that all the Prisons in
Normandy
should be set open to all Persons that were detained for those Crimes.
Before we take our leave of this Subject, we must examine a little into this Exorcism by Prayer, which we have reserved for the last. This Exorcism is of a very ancient Date, practis'd amongst the People of
Greece
. But as it was manag'd at that time, it became scandalous. It was perform'd generally by mean and mercenary old Women, who made it their Business to go and read certain Forms of Prayer, in order to pacify Persons and Houses. This Trade of an Exorcist was accounted dishonourable in these Days, upon the Score of its being a
pious
Fraud: For which Reason the Orator
Æschines
, Son to a Woman who had practis'd it, was ignominously treated by
Demosthenes
. And I fear our modern Exorcists will find as little Credit amongst the Judicious, especially if all the Exorcisms are perform'd like that upon
Anne Thorn
. Here is a poor Maid Epileptick, Hysterical, Lunatick by turns: The Priest comes and prays by her in one of her Fits, which lasts more or less, according to the Disposition of her Animal Spirits. The Fit goes off in its due Course, and this is call'd an Exorcism. I do say, any one that sprinkles Water in a Person's Face that's going to swoon, has a better Claim to an Exorcist, than these. I thought in all true Exorcisms, the Evil Spirit was cast out and entirely banish'd, and left the Patient with some Struggles; still we find him returning into this Exorcis'd Person at Pleasure: But perhaps it was not the same Devil, and 'twere more for the Priests Credit to give out it was a fresh Demon every time: So having a Legion upon their Hands, they would have the Reputation of the greatest Kill-Devils in the Kingdom. It is with indignation, to be serious, a Man sees such bare-fac'd Impostures walk about in the Face of the World: But we presume, they who would impose on the World in this manner, hope to find their Account in it, and that nothing but Self-Interest could induce them to propagate such Delusions.
If they could once fix this Belief in the Minds of the People, that they were indued with a special Power of dispossessing Persons, and assisting them in preternatural Streights and Exigencies, by virtue of their Sacerdotal Office, how strangely would these Surmises work in time, and not only attract the Devotion of the Simple to them, but likewise weighty Offerings? Some such Design must be at the Bottom of this Delusion, and the Multitude of superstitious People at this time of Day, may be a Party, for ought I know, sufficient to support it: Nay, if once a Priest could bring his Parishioners to believe this power of Exorcising, I don't doubt but in time he might graft more pretended Miracles upon that Stock, and set up at last, for driving away the
Plague
, curing Cattle of the Murrain, boast of a sovereign Remedy against the Tooth-Ach, recover lost Goods, and in short, be resorted to as a Prophet upon all Occasions. As this would not only enrich them, and transfer the Wealth of the Parish into their Hand, so likewise it would raise their Persons into greater Esteem with the World. What Honours could be thought too great for such a Wonder-working Priest? and when once conferr'd by the Laity, How would the Priest improve them, till at last they might be tempted to put in a modest Claim to be exempted from all politick and positive Laws, unless of their own making? Nay, who could think, but that they who were entrusted with such a specifick and God-like power, were the fittest to be Legislators themselves, and that the Gods were come down to us in the Likeness of Men? Nay, if our Priesthood in this degenerate State, could perswade their People, that they were capable of doing so great a Miracle as exorcising a possess'd Person, they might preserve their Esteem and Veneration without the laborious way of keeping up unblemish'd Sanctity, and Exemplariness of Life. This Point once gained, How expos'd and open should we lie to all the Inroads of
Popish
Superstition? We might then expect to see
Spiritual Fairs
set up in every Parish, where hallow'd Wax-Candles, Amulets, Charms, holy Oil, and a thousand Tinklets would be sold, as so many effectual Devil-Drivers, in the Absence of the Priest. But to return to our Chevaliers of the Exorcism: I don't apprehend, with what Colour of Certainty these Gentlemen can attribute the Abatement of
Anne Thorn
's Fits to the Success of their Prayers? Indeed they chose a proper time to prove the Force of their spiritual Drugs, even when she was in Her Fits; and they having a round Number of Collects to ply her with, it was ten to one if the Paroxism did not abate in that Time which was forthwith ascrib'd to Prayer; whereas I would venture any Wager, that the Maid had come to her self (as they vulgarly say) within that time, without the Assistance of those Prayers. Not that I would here be thought to derogate from the Prayers of our Church, and the admirable Collects contain'd in the several Offices: No, they shall ever have my highest Esteem; but I think them of no Use in the Case before us, as neither being adapted to the Circumstance, or a Method any ways recommended in holy Writ. For I must beg leave to interpret that Passage of our Saviour's of
this kind,
geeth
not out but by Prayer and Fasting
, very different from the Reverend's Exposition. By their making use of this Text in their Narrative, to justifie the Efficacy of Prayer in such Cases, one would think that they understood the Saying of our Saviour, as if Prayer and Fasting were the proper Methods for dispossessing an Evil Spirit: Whereas, if we attend to the Context, we shall find it very different. This Expression of our Saviour's has its Rise from a Man's bringing his Son to him, who was possess'd with a dumb Spirit, having first try'd the Power of his Disciples, who were unable to cast him out. Hereupon Christ reproves them for their want of Faith, and casts out this dumb and deaf Spirit: His Disciples taking an Opportunity to ask him, Why they could not cast him out? he told them, this
kind can come forth by nothing but by Prayer and Fasting
. Now by
Prayer and Fasting
in this place, Christ means the Preparatory Acts of Devotion and Mortification, in order to obtain so sublime a Faith as was requisite to the subduing of those Evil Spirits; not that the bare
Opus operatum
of Prayer or Fasting, was of any Power to expel a Demon, or chase away a Spirit: For we never find our Saviour making use of any Form of Prayer, but with Authority commanding them forthwith to come out, which they did sometimes with Reluctance; and upon the Approach of our Saviour, knowing it was their last Effort, would leave very terrible Marks of their Rage behind them. Of these Evil Spirits quitting them, and the immediate Change for the better, the Demoniacks were forthwith sensible, and they never return'd. But in this Mock-Exorcism, we have no violent Struggles, but what were the immediate Effects of the Fit. The Maid is no ways sensible of any Spirit going out of her, she is tormented afresh in the Course of her Distemper; and one time, by the Priests own Confession,
Asmodæus
was deaf to the Liturgy. But one thing must not be omitted here,
viz.
that
Anne Thorn
never complain'd to these Divines, of the Devil's Uneasiness at the frequent Removes they gave him by Prayer; or that
Jane Wenham
finding her Power wasting by the frequent Application of that Lipsalve, did not, amongst other Threatnings, warn
Anne Thorn
against this frequent Prayer: No, we find her, by their own Account, equally suc cessful, and triumphing over their sham Miracles, and themselves expos'd as a Company of raw Artists.
As far as I can learn, the dispossessing of EvilSpirits was one of the noblest Exercises of Power Christ made use of whilst he was upon Earth, and we find the Apostles (tho' far superior to any of their Successors, in Faith and good Works) not sufficiently qualify'd for that great Undertaking; and therefore, methinks it would be but a becoming Modesty in the Priesthood, to examine their own Lives and Conversation, and their Consciences would soon make a Report how far short they fall of those Qualifications necessary to so great a Work. This Method would abate their Pride, and humble their Spiritual Sufficiency, and that Glory which they assume to themselves now, upon a suppositicious Miracle, would then appear to them as the most desperate Presumption. The spiritual Gifts and Graces they convey to us in their Ministerial Capacity, is all the Power we know they are vested with at present, and aspiring to more, is the only Means to weaken what they are allowed to have. If to this, the Clergy would be little more conversant with the History of Diseases, and enquire more narrowly into the Physical Causes of things, several Effects would not appear so perplexing, neither would they be so forward to ascribe those Diseases to the Devil, where Nature is primarily concern'd.
FINIS.
THE CITY GARDENER. Containing the most Experienced METHOD OF Cultivating and Ordering such Ever-greens, Fruit-Trees, flowering Shrubs, Flowers, Exotick Plants,
&c.
as will be Ornamental, and thrive best in the
LONDON GARDENS
.
By
Thomas Fairchild
, Gardener of
Hoxton
.
LONDON
: Printed for
T. Woodward
, at the
Half-Moon
against St.
Dunstan's
Church in
Fleet-street
, and
J. Peele
, at
Locke's Head
in
Pater-noster Row
. M.DCC.XXII. (Price One Shilling.)
To the Honourable and Worshipful The GOVERNORS Of the
Hospitals
of
BETHLEM
AND
BRIDEWELL
, THESE PAPERS, For the Improvement of the
London
GARDENS, Are most humbly Presented and Dedicated by
Their most Obedient Humble Servant
, Tho. Fairchild.
THE City
GARDENER
.
Introduction
.
I HAVE upwards of thirty Years been placed near
London
, on a Spot of Ground, where I have raised several thousand Plants, both from foreign Countries, and of the
English
Growth; and in that Time, and from the Observations I have made in the
London
Practice of Gardening, I find that every thing will not prosper in
London
; either because the Smoke of the Sea-Coal does hurt to some Plants, or else because those People, who have little Gardens in
London
, do not know how to manage their Plants when they have got them: And yet I find, that almost every Body, whose Business requires them to be constantly in Town, will have something of a Garden at any rate. I have been therefore advised to give my Thoughts in this Manner, that every one in
London
, or other Cities, where much Sea-Coal is burnt, may delight themselves in Gardening, tho' they have never so little Room, and prepare their Understanding to enjoy the Country, when their Trade and Industry has given them Riches enough to retire from Business.
The Books I have read, and the Conversation I have had with a great Number of the Trading Part of Mankind, inform me, that all the Care, Labour, and Industry of Men of Business tend to lead them in their latter Days into Quiet and Ease, as well as to provide Fortunes for their Families. And I have lived to see some, who, from very small Beginings, both in Fortune and Oppor tunity of Gardening, have work'd themselves so well through the World, that they are now Possessors of large Estates, and many Acres disposed after the best Manner; which I think will not be amiss to mention, for the Encouragement of such who are now for the Sake of Trade pinn'd down to a narrow Compass of Gardening; true Care and Industry will make their Gardens larger, as the same Care will increase their Fortunes.
One may guess at the general Love my Fellow-Citizens have for Gardening, in the midst of their Toil and Labour, by observing how much Use they make of every favourable Glance of the Sun to come abroad, and of their furnishing their Rooms or Chambers with Basons of Flowers and Bough-pots, rather than not have something of a Garden before them. Nor is this Pleasure less cultivated among Persons of Quality, while publick Affairs oblige them to the Town, during the busy Days of the Week; I have heard some say, that the Sight of good Flowers, and their grateful Smell, has made them often wish to be enjoying the Pleasures of their Country Gardens. And so I find, that the Men of Business are all upon the same Foot in seeking Country Pleasures. We may consider that then our judicious Traders in the City have as much Reason to hope for the Enjoyment of the Pleasures of this Life, as the Persons of Quality, which are in the highest Stations; for the Pleasures of Gardening, or Country Air, which I speak of, are equally the Right of one and the other. Now, when Gardening goes so far among Men in general, as to engage the Minds of the most worthy Part of Mankind, or I might say of all Men who have the least Time for Diversion; I see no Reason why I should not cultivate this innocent Pleasure among my Fellow-Citizens; that from the highest to the lowest, every one may be improving their Talent, or even their Mite, in the best Way they can, in order to increase their Quiet of Mind, to be fix'd in a right Notion of Country Happiness, when their Affairs will permit them to reach such Pleasures.
When we are not yet arrived at the Pleasures of a large Garden, or cannot enjoy the Benefit of a large Piece of Ground, we content our selves with a Nosegay, rather than fail.
There is, I confess, a very wide Difference; but where a little is only to be had, we should be content with a little; Industry will always find out more: 'Tis Money will be the Consequence of Industry, and that will always go for its full Value, and bring us as many Acres as it's worth; and in Proportion to the Money Men get, so may their Gardens be larger and better garnish'd. And if their Riches does not too much engage their Mind, they may have Content too; for whoever understands, and loves a Garden, may have Content if he will, because he has Opportunity every Day of contemplating the Works of the Creation, and of admiring the Power and Wisdom of the Creator; which I think is the greatest Happiness.
I think I need say no more of the Book I am now publishing; my Design is only to instruct the Inhabitants of the City, how they may in little arrive at the Knowledge of managing and delighting in those Gardens, which their present Industry leads them to retire to, when their Business has given them sufficient Fortunes to leave off Trade; and I doubt not but, from my Experience, I may add some Benefit to those who have already began to shew their Love for Gardening, even in the smallest Way, let it be never so little.
Chap. I
Of Squares, and large open Places in
London
and
Westminster
: The Plants proper to adorn them.
SOME Gentlemen, who have been abroad, have told me, that there is no publick Place for Walking in any City on this side
Italy
, that is so pleasant as St.
James's
Park. The Gardens belonging to the
French
King at
Paris
, are not near it in Beauty, as I am inform'd. The Park at St.
James's
is of a large Extent, and disposed in handsome Walks of Lime-Trees and Elms, a large regular Canal, a Decoy for Ducks. And altho' it is as much oppress'd with the
London
Smoke, as almost any of our great Squares; yet the wild Fowl, such as Ducks and Geese, are conformable to it, and breed there; and there is an agreeable Beauty in the Whole, which is wanting in many Country Places. The Quantity of Ground, which now lies in a manner waste in
Moorfields
, might undoubtly be render'd very agreeable, was it to be adorn'd after the same manner, and be as delightful to the Citizens, as St.
James's
Park is to the Courtiers.
The Space of Ground is indeed large and open to the Country on one Side; but then when the other Sides are encompass'd with Sea-Coal Smoke, some would imagine there can be very little Hopes of a Country Prospect in such a Place. Nay, this Smoke prevails so far, that half a Mile nearer the open Country, it is sensibly felt; and yet not only Elms, Limes, and Beech-Trees grow there, but the most ungovernable Sorts of wild Fowl make it the Place of their Resort.
The Duke of
Buckingham's
Gardens, the Lord
Godolphin's
, the Duke of
Marlborough's
, the Royal Gardens, and others which bring good Fruit and Flowers, are joining to this Park; the common Birds of the Woods are familiar in these Gardens, as well as the Park. And since this is plainly Matter of Fact, why may we not in many Places, that are airy in the Body of
London
, make such Gardens as may be dress'd in a Country manner? There is St.
James's
Square,
Lincoln's-Inn
Fields, and
Bloomsbury
Square, besides others, which might be brought into delightful Gardens.
The plain way of laying out Squares in Grass Platts and Gravel Walks, does not sufficiently give our Thoughts an Opportunity of Country Amusements; I think some sort of Wilderness-Work will do much better, and divert the Gentry better than looking out of their Windows upon an open Figure; for which Reason I shall explain what my Opinion is about such Squares very particularly.
In the
first
place; If a Square was planted in the Manner of a Wilderness, it would be a Harbour for Birds.
2
dly
, The Variety of Trees would be delightful to the Eye.
3
dly
, Groves and Wildernesses would be new and pleasant in a
London
Prospect.
4
thly
, The Walks, tho' regular as the Walks in the common Squares, would be more shady and more private, and the Hedges and the Groves of Trees in every Quarter would hide the Prospect of the Houses from us; every House would command the Prospect of the Whole, as well as if it was lay'd out in plain Grass Platts and Walks.
And, 5
thly
, Every Fountain made in such Places, would have double the Beauty it would have in plain Squares, as is now the Fashion; and notwithstanding what may be objected to Fountains in this Wilderness-Work, that a Fountain cannot be discover'd in the Prospect of every House; I say, that it may be done with Ease, to make it appear or shew it self as well to one House as another, as my Draught will shew.
But the Draught I give may be varied by those who make or fit up such Squares. I place it here only as a small Example of what may be done; I am very sensible it may be very much improved.
Now when we have fix'd upon a Draught or Design for a Square, we must consider what will grow in it, or else our Labour will be lost; and especially how to make it look well in the Winter, and that Part of the Spring, when Persons of Distinction are in Town, or else the main Foundation of the Design will be lost; for they will not pay for a Thing that they have no Benefit of, or Pleasure in.
Therefore, first, I shall mention what Sorts of Ever-greens will grow in
London
, as I have found by my own Experience; tho' 'tis to be consider'd, that the Plants that will grow in a Square or large Place, will not always grow in a Street or a Court. But that I shall explain more fully by and by.
First, The common green Holly will grow very well, and last a long time, and of the variegated Kinds, the Bleach and
Ecles's
Holly will do the best.
Secondly, The Ivy will thrive very well, and afford an agreeable Green all the Winter.
Thirdly, The
English
Box will grow well, and be very ornamental.
Fourthly, The
Italian
Ever-green Privet will thrive well.
Fifthly, The Ilex or Ever-green Oak will grow, and make an handsome Appearance. And,
Sixthly, The Laurus or common Bay will live and be prosperous, and make a very good Show; but the Laurel, Philirea, Alaternus, and others of our hardy Greens, will not do so well in
London
.
These six Sorts will afford good Variety, and dress out a Garden for Winter very well; but for the Sake of the Spring, when the Company is generally in Town, we should intermix with them some Flowers, Shrubs, and such Trees as will yield a Beauty in their tender opening Buds; and these are many in Number.
The flowering Shrubs are,
First, The Lilac, either with the white, blue, or purple Flower, will thrive very well, and blossom very freely in
London
, especially in open Places.
Secondly, The Laburnum will grow very well, and flower plentifully, making a beautiful Appearance with its Strings of yellow Flowers.
Thirdly, The
Spanish
Broom will likewise do very well, and make a good Show with its Spikes of yellow Blossoms.
Fourthly, The Scorpion, bladder Senna, and Citissus 2 Clutis will make a good Show with their yellow Flowers; as one may observe in some little Courts or Gardens in
Lincoln's-Inn
Fields.
Fifthly, the common white Jessamin is a Plant which grows and blossoms very freely in
London
.
Sixthly, The gilder Rose, for a Mixture with the others, may do very well.
Seventhly, The Province Rose, white and red, will grow in
London
; but no other Sort of Rose will stand in the City Gardens, since the Use of Sea-Coal; tho' I am inform'd that they grew very well in
London
, when the
Londoners
burnt Wood.
Eighthly, The Passion-Tree will thrive well, and bear Blossoms, without the Trouble of housing it.
Ninthly, I am told the Syringe grew very well in
Soho-Square
; and also the Althea-frutex has blossom'd well in
London
.
Tenthly, Apples will blossom very freely in the open Parts of
London
, and make a beautiful Show as any of the flowering Shrubs; but they seldom bear Fruit, unless they are grassed upon Paradise Stocks.
Eleventhly, Pears thrive very well in
London
; and besides the fine Show they make when they are in Flower, they will bear very good Fruit, as may be observ'd in very close Places, and confined Allies about
Barbican
, and other Parts about
Aldersgate-street, Bishopsgate street, &c.
To these we may add the Vine, which will do very well in
London
, either against Walls, or without them. In
Lei cester-Fields
, there is a Vine that bears good Grapes every Year; and in many close Places, such as Tavern Yards, there are Vines now growing in good Perfection, and even bear good Fruit; so that we might distribute them among the Plants in the Wilderness Quarters.
The
Virginian Accacia
makes a good Figure, and a large Tree. There was one of them growing in the close Passage between the New and Old Palace yard
Westminster
, about two or three Years ago, and I suppose it may be still growing there; and there is some now growing at
Russel
House in
Bloomsbury
Square.
We have Instances enough of the Elm, that it will do well in
London
, from the large Trees now growing in the
Temple
, and several other Inns of Court.
All the Squares which are already made, are Proofs that the Lime-Tree will bear the
London
Smoke, and will grow even in the closest Places; as in little Courts and Yards belonging to Taverns, tho' in the Heart of the City.
The Mulberry likewise thrives very well in
London
, in very close Places, either in the Ground or in Tubs.
Figgs prosper extremely in the City, and the Smoke has no ill Effect upon them. The Reverend Dr.
Bennet
has some of them in his Garden at
Cripplegate
; which, by the new Way of Pruning, are well set for Fruit; and I question not but they will ripen very well; for Figgs have brought their Fruit to Perfection in much closer Places than the Doctor's Garden. Figgs have ripen'd very well in the
Roll's
Gardens in
ChanceryLane
.
The White Thorn will likewise grow very well in the City. I believe the highest Tree of the Kind in
England
, is now growing in
London
, in a close Alley leading from
Whitecross-street
towards
Bunhill
Fields. And as this Sort of Plant is very early in its Shoots, it will make a pretty early Ornament in Squares. There are good Hedges of this Plant in the
Charter-house
Gardens, altho' surrounded with Houses.
The Platanus, or Plane-Tree, likewise will do very well; and from the Largeness of its Leaf, will make a fine Figure. There are Trees of them now in the Church-yard at St.
Dunstan's
in the East, above forty Foot high, which bear ripe Fruit, even so good as to produce young Plants.
The Horse Chesnut will likewise make a fine Appearance, with its beautiful Spikes of Flowers; and it gives an excellent Shade, and grows very quick. We have an Instance of this in the Master of the
Temple's
Garden, where there is little or no Sun.
The Morello Cherry will live and thrive very well in
London
; and not only blossom, but bring Fruit to Perfection, in the most airy Parts of the City.
The Almond should by no means be forgot, for its great Beauty, when it is in Flower, which comes very early in the Spring. 'Twill make a fine Appearance, and prosper very well in the open Parts of the City.
The Curran also will grow very well in
London
, and will help to fill the Wilderness-Work of Squares.
There is no Honey-suckle that will grow in the City, but one Sort, which comes from
Archangel
, which we call the
Russian
Honey-suckle, and will thrive very well in
London
, as I have experienced.
I am almost perswaded, that the OliveTree would grow well in
London
; and I am credibly inform'd, that in the City of
Exeter
, Oranges and Myrtles grow there in the Gardens without Shelter; and the Firing of that City is chiefly Sea-Coal: But I shall have Occasion of saying something more on this Head in another Chapter.
The Mezereon will likewise do very well; they thrive now in the Gardens at
Bridewell
.
Of Flowers that will grow well in
London
fit for the adorning of Squares.
FOR the Edging of Borders in Squares, the Plant call'd Thrift, or Sea-Gillyflower, has been generally used, and with good Success. There are two or three Sorts of it; but the best is that which is call'd the Scarlet-Thrift. The Plant has Leaves like Grass, which grow in large Tufts, and in the flowering Season makes a very good Show, the whole Plant then being cover'd with Flowers. This Plant will last a good while, and is the best binding Edging you can use in
London
.
In the Borders within this Edging, there will be room for several Sorts of Flowers, besides Annuals; and those are chiefly
Lillies, which if they are of the white flowering Kind, will make a good Show in the Winter; for their Leaves are above Ground all that Time, and look very pleasant to the Eye; but for the Sake of Variety, at the flowering Season, let them be intermix'd with the Orange-Lilly, and five Sorts of Martagons, which makes a fine Show. But the Leaves of this last Sort does not appear above Ground till about
March
.
There are striped Sorts of both these, which are much admired. For without flowering, they have as fine an Appearance as most Flowers that grow; the yellow and green Stripes of their Leaves are so gay. There is another Sort besides, which I have lately purchas'd from abroad, that has its Flower striped in scarlet and white, which blossoms very well, and is very beautiful.
The Perennial Sun-flower is also another Plant that will thrive very well in the City Gardens, and will make a good Show in the Summer with its large yellow Flowers; and this blows higher than the Lillies, commonly about four or five Foot.
The Sweet-William will also grow very well. They make a very good Appearance, and last in Flower a great while. There are the white, the striped red and white, and the deep red flowering Kinds. These blow about a Foot high.
The Primrose-Tree is a Plant that makes a good Show, and will grow well in
London
. Its Flower-stalks will sometimes be near three Foot high, garnish'd from Top to Bottom with large yellow Flowers.
In the next Place, we should have Regard to the Asters or Starworts, and especially the
Italian
Sort, whose Flowers are of a fine purple Colour, and blossoms in Autumn. The
Virginia
Sort is also a fair Flower, and makes a fine Show: And there is another Sort which flowers in
October
, and is call'd the
October
Flower, that also makes a good Appearance, and should be cultivated in
London
more than it is at present.
The Lillies are,
the White Lilly,
the early Roman-Lilly,
the Fiery or Flaming Lilly,
and the Orange-Lilly.
The Martagons are,
the Common,
the Pompony Martagon,
the Imperial Martagon,
White Martagon,
the Scarlet Martagon.
The Pompony Martagon is so great a Flower, that I have seen near threescore Blossoms upon one Stalk.
The scarlet Lychness, both double and single, will stand well in
London
, and may be best planted in the Spring; but all the Sorts of Lillies and Martagons should be planted in Autumn.
The Campanula and
Canterbury
Bell does very well, and Holy Oak will make a good Figure in the Squares and open Places.
The
French
Honey-suckle will make a very beautiful Appearance, yielding fine Spikes of Flowers of a deep Peach-bloom Colour.
Also the Dwarf-flag Iris comes very early with its bright blue Flowers, and makes as good an Appearance as any Flower I have yet mentioned.
The Day-Lilly likewise grows very well even in close Places, where it makes a good Show, and flowers freely.
The Monks-hood makes a very good Appearance with its Spikes of blue Flowers; and also the Lilly of the Valley does not only grow well, but blossom every Year. There is an Instance of it now in a close Place at the Back of
Guildhall
.
For the further Imbellishment of these Places, we may also plant Colchicums, which make a fine Show in Autumn.
The Everlasting Pea thrives and blossoms very well when it has stood a Year or two; but often transplanting it, hinders its flowering.
The Fraxinella grows and flowers very well in
Aldermanbury
.
The double Rose, Campion, Valerian, and double Featherfew, will all grow and flourish in the City, and should be planted in the Spring fresh out of the Gardens; for it is too commonly the Case that the Roots of these Plants either dry and perish, or are rotted by too long soaking in Water, if they have been any time in the Markets.
I think I have now done with the Flowers that will remain good in the Ground all the Year about; I shall next speak of those which are bulbous rooted, and should be taken up from time to time.
Pinks and Carnations will hold very well in
London
, in open Places, if they are taken care of in the Winter.
But Stock
July
Flowers and WallFlowers will not last above a Summer in Town, as far as my Experience informs me; but I desire that may not hinder others from trying. There may be, for ought I know, some Means found out to preserve such Plants: But I will not pretend to teach more than I have experienced. The surest Way to have them do well, is to transplant them carefully, and suddenly, with good Balls of Earth about their Roots.
CHAP. II.
Of making and adorning Squares; and how to dispose the several Plants in them
.
H
Aving
now treated of such Evergreens, Trees for Shade, flowering Shrubs and Flowers proper to adorn a Square; I come next to the disposing of them in such a manner as will afford the best Appearance.
The Part of the Draught, mark'd A, is a Grass Platt encompass'd with a Bed for Flowers; and in the middle of the Grass may be placed a Statue, or Urn, which will give a good Ornament: Between this Grass and the Border, should be a Water-Table about eighteen Inches, or two Foot wide, to be laid with red Sand, or Cockle-Shells, and the Border a a to be planted with Flowers, as follows.
The durable Edging should be ScarletThrift, or Dutch-Box, if the Place be very open; and at four Inches distance from it in the Border, should be set Crocus of several Kinds; and here and there some of the Winter-Aconite, whose yellow Flowers will make an agreeable Show early in the Spring. Within these again, we may plant some of the great and small Stars of
Bethlem
or
Ornithogalum
, which with their Spikes of white Flowers will make a good Appearance. We may also put in some Hyacinths of the white and blue Sorts, which will blow well if they are taken up every Year, for else they will be so apt to increase in small Roots, that they will not blossom as they should do; and to crown the whole, we should plant some Tulips at proper Distances in the Lines, which will be very ornamental in the time of their Flower. But as the Gaiety of the Flowers I have named, will be over by the End of
May
; so we must take Care to provide something to succeed them, which may be Sweet-Williams,
Italian
Starwort, and the true Primrose; but I think Lillies are too high for this Bed: But then we have sufficient Amends made us for this Want, by the numberless Varieties of annual Flowers, which will garnish the Bed with Flowers of all Co lours, till
October
. As for Example, among the Dwarf Kinds, there is the
Annual-Stock,
Venus Looking-Glass,
Venus Navelwort,
Candy-Tufts,
small blue-Convolvulus,
Flos-Adonis,
Cyanus,
Dutch-Poppy,
Garden-Poppy,
China-Pinks,
Lupines,
Nigilla Romana,
Sweet-scented Peas,
wing'd Peas,
HeartEase,
or Viola-Tricolor
; these being properly intermix'd, will afford a considerable Ornament to the Border I have mention'd; but that will depend upon the Person's Judgment that has the ordering and keeping of such a Plantation.
But to conclude my Relation of this Bed of Flowers, it may be necessary to inform my Readers of the particular Beauties of the Annual Flowers I have mention'd, that they may guess at what is to be expected from a Border garnish'd, as I have directed.
In the first Place, the Dwarf AnnualStock grows in little Tufts, well furnish'd with Flowers of a Peach-bloom Colour, and will hold about six Weeks.
Venus Looking-Glass grows likewise in low Tufts, cover'd with deep blue Flowers, and lasts about six Weeks.
Venus Navelwort is also a small tufted Plant, garnish'd with white Flowers, and lasts about six Weeks.
Candy-Tufts are of two Sorts, only differing in the Colour of their Flowers; the one white, and the other red. The Plant grows in a little low Tuft, and brings likewise its Flowers in Tufts, and makes a good Show for six Weeks.
Small blue Convolvolus spreads upon the Ground, and bears its Flowers at the Joints. They are shaped like a Bell; of a fine azure Colour, with a Mixture of white and yellow in the Middle. This Plant keeps blossoming above two Months.
Flos-Adonis is a pretty Plant, with small cut Leaves; among which are placed its Flowers of a dazling red Colour. It lasts about two Months.
Cyanus, or Bottle-Flower, is about a Foot high, bearing its Flowers on the Top, of various Colours,
viz.
white Flesh-colour, and of several Kinds of blue. They last above six Weeks.
Dutch-Poppy grows in the manner of the Field-Poppy, but brings one of the most beautiful Flowers that can be ima gin'd. They are commonly as double as a Rose of a rich Scarlet striped with white, as fine as a Carnation.
The Garden-Poppy makes a larger Plant than the Dutch-Poppy, and brings very large Flowers, and very double; some Purple and White, some all Purple, others all White; some all Red, and some striped with White and Red. They make an extraordinary Show, but hardly last three Weeks.
The China-Pink, or Indian-Pink, has only this in it, which seems to suffer it to grow in Places annoy'd with the Smoke of the Sea-Coal; and that is, because it blossoms the same Year that the Seed is sown; which our other Pinks or Carnations never do, no more than the SweetWilliam, which is of the same Family. These Indian-Pinks, indeed, do not only blossom the first Year, but will remain good in the Country two or three Years. Their Blossoms are of various Kinds with Regard to their Colours; so that they distinguish themselves in all the Course of Colours between White and Black, unless in the Yellow; for there are some which tend towards Blue very much, so deep is their Purple.
I observe in Pinks and Carnations, the Red and White prevails most, and the Purple very rarely, but in some Cases only; but a strict Blue never, no more than a strict Yellow; tho' I have heard of a yellow Carnation, but never saw it. Now when any of these Carnations run to a plain Colour, they run to the deepest of their Colours, either the Red or the Purple, but never to the White, as I can find.
The Lupine is of four or five Kinds,
viz.
that with the yellow Flower, the small blue Flower, the great blue Flower, and the red, and that with the white Flower. These all bear their Flowers on Spikes, and make agreeable Figures. 'Tis the Opinion of some, that the Yellow, which is most common, is most to be admired, because its Spikes of Flowers are well set with Blossoms, and those Blossoms are scented like Violets; but there are so many different Tastes, that I cannot judge which is the best. Some chuse a Blue rather than the Yellow; others love Flowers without any Scent, rather than those that have been much esteem'd for their fine Smell.
The Nigila-Romana, or as some have it, the Devil in the Bush, is rather an odd Plant, than beautiful in its Flower; for the Blossom is of a very pale blue Colour, and is encompass'd with shagged Leaves, as if it was ty'd up in a Bunch of Fewel; however, one would not be without it for the sake of its strange Appearance.
The sweet-scented Pea makes a beautiful Plant, having Spikes of Flowers of a red and blue Colour. The Scent is somewhat like Honey, and a little tending to the Orange-flower Smell. These blossom a long time.
The wing'd Pea is a dwarf Plant, but makes a pretty Figure when it is in Flower. Its Blossoms are of a glaring red, and its Cods of Peas are furbelow'd on the Edges. It lasts in Beauty about two Months.
Heart-Ease, or Viola-Tricolor, is a small Plant, which lies flat to the Ground, but its Flowers are very much to be ad mired for their beautiful Colours, which are commonly Yellow, Purple, and White; and sometimes otherways beautified. They last a good while in Flower, and will blossom almost at any Time of the Year, according to the Time of sowing them.
Thus far I have given the Reader an Account of the Flowers, which may be used for the more open Borders in a
London
Square; but those Places might otherways be made Fountains of, and the Sight of such might perhaps please some People as much as the Sight of these little Parterres. Some large Basons of Water in such a Place might be useful, if any of the Neighbours should be disturb'd by Fire. But this depends upon those who will be at the Expence of beautifying such Squares.
We next come to the manner of adorning the Borders under the Hedges, which bound the several Divisions of our Wilderness-Work. The Borders mark'd B B in the Draught, are those Borders which I mean.
The Flowers for these Borders may be more tall than in the other Beds. Here we may have Lillies, either the Orange or white-flower'd Kinds; the Perennial Sun-flower, Tree Primrose, and SweetWilliams, and Martagons to blow at different Seasons, and the Roman-Lilly, Fleming-Lilly, the Edging of Thrift, and within that a Line of Crocus of the Yellow, and behind that a Line of the Purple Sort; some Ornithogalums, and some Tulips, or other Flowers mention'd for the Ornament of the other Beds. But among the durable Flowers, we should not omit the Starworts, which blow high, and make a good Show, with their purple and yellow Blossoms.
As for Annuals, which blow tall, they are necessary to succeed the Flowers I have mention'd; the Great Convolvulus, the Scarlet-Bean, which are Twisters, the Great Purple Amaranth, the Annual Sunflower, if we please, the French Marygold, the African Marygold, Sweet-Sultan, Female-Balsams. These will do very well, if the Walks are open enough to allow them even the
London
Air with Freedom.
The Flowers which are durable, and are here recommended, need not be described; but because every one may not perhaps judge of the Annual Sorts, I shall say a Word or two concerning their Beauties.
The Great Convolvulus is a twisting Plant, and requires a Supporter. The Plant of it self does not make an extraordinary Figure, but the Blossoms, which are of a Bell-make, are large, and of a purple Colour. The Plant holds in Blossom a great while.
The Scarlet Bean, so call'd from the Colour of its Flowers, makes a fine Appearance when it is in Blossom; the Spikes of Flowers are pretty long, and well set; and if they have Liberty, and a Support from their begining to grow, will hold flowering several Months.
The Great Purple Amaranth, or Princes Feather, will make a large Plant, if it likes the Ground. Its Leaves are of a purple Colour, and its long Strings of Blossoms, which in some Places have measured two Foot in length, makes it as handsome a Plant as one would desire.
It holds in Beauty several Months.
The Annual Sun-flower is also a ramping Plant, but makes little better Show than the Perennial Sun-flower, only the Blossom of the Annual Sort is larger than the other; and the double-blossom'd Sort flowers a great while.
The French Marygold will make an agreeable Mixture in these Borders, with its beautiful Velvet Flowers, intermix'd with yellow and red Colours. It flowers several Months, and is one of the most agreeable Annuals we have. In these open Places, it may be sown in the Spring, in order to make a large Plant; but my ingenious Friend and BrotherGardener, Mr.
Benjamin Whitmill
, sows them in Winter, that they may blossom in a narrow Compass the succeeding Summer, for the sake of those who have very little Room, and are desirous of Flowers.
The African Marygold is also a fine Plant, and blossoms like the former for many Months. However, the Flowers of these are much larger than the French Marygold; but then they are only Yellow, without any Mixture of other Colour, which occasions the chief Beauty of the French Marygold.
The Sweet-Sultan is of three or four Sorts; one kind has a purple Flower, another a white Flower, and the third has a yellow Flower; but this last is very scarce. The Smell of this Flower is like Musk; it lasts blossoming many Months.
The Female-Balsams make very agreeable Plants, yielding Flowers, some of a purple Colour, some of a Peach-bloom Colour, and some white; and again some are mix'd with one of these Colours, and white. They last a long while in Flower.
There are yet some other Flowers that would grow and thrive in such large Places as St.
James's
Square,
Bloomsbury
Square,
Moorfields
, or
Lincoln's-Inn
Fields, &c. as well as in the
Temple
Garden, and other Gardens in
London
and
Westminster
; but these are enough at present. I shall therefore now proceed to treat of the other proper Embellishments for a Square; that is, the Trees for Shade, the Ever-greens, and flowering Shrubs. And first, of those which will do best for Hedges, to divide the Quarters.
The Plants proper for Hedges in this Case, are either Limes or Elms; and of the latter, either the
Dutch
or
English
Elm will do well; and the Hawthorn or Whitethorn, which makes good Hedges in the
Charter-house
Wilderness. The Ever-greens, which I have mention'd, do not thrive so well with much Cutting, as they will do otherwise; for the smoky Air of the Town seems to have a very considerable Effect upon them, when they are prun'd; tho' it is still convenient to prune off the dead Wood when we find it. We must consider, that in Nature there is no such thing as Pruning; and when a Tree is under the Power of the
London
Smoke, which is not so free and open, nor so healthful to it as the Country Air, it has enough to do to support Life; and it would therefore do it a double Injury to wound it with the Knife, when it wanted convenient Help to heal its Wounds, and was but low in Health; tho' it might bear with worse Treatment, if it enjoy'd its natural Station, where every thing was ready for its Support and Preservation. Some learned Men say, that whatever can be made agreeable to a sick Man, will help his Cure, or contribute to his Health; but whatever is the contrary, encreases his Distemper, and might even cause his Death: And sure nothing could be more tending to his Detriment, than wounding him when his Body was already weak and low? But the Cutting off a Limb would surely give so great a Change in the Circulation of Juices, that a sick Man could not bear; and a Person in the best State of Health could hardly endure. But I am gone far enough upon this Head at present. In a Word, 'tis not every Tree that will grow in
London
, that will bear Pruning.
To fill up the Ground within the Quarters, I recommend to plant the tallest Sort of Trees in the Middle of each Quarter, and so to let them decrease in their Stature till we come to the Hedge Sides that enclosure them; and all these Plants should be so order'd, that an equal Quantity of Ever-greens should be planted with the rest, because of the Winter Prospect. The Part of the Quarters which I mean, are mark'd C C C, in which all the Ever-greens I have mention'd, should have their Place to shoot freely in their own Way; and as for the other Plants which are to accompany them, I think they should chiefly consist of the White Thorn, Curran, Almond, Pears kept in a Dwarf Manner, Apples in the same Way, and the flowering Shrubs; and of these it is chiefly that I speak, when I would furnish the Insides of the Quarters; for those Trees which are apt to rise higher, and become greater in Bulk, would too soon incumber the Prospect; and 'tis enough therefore, that what we plant here rise two, three or four Foot above the Hedges. But then towards the Center, the middle Walk D D D about it, may be planted with Horse-Chesnuts, which will grow regular, and rise above the rest of the Wilderness-Plants; and between the Stems of these Trees, the Quarters of Wilderness-Work would be look'd into, and yield a new Variety of Prospect, which I think should be study'd in every Garden; for the more Change there is in a Garden, the more it is to be admired, in my Opinion.
From the inner Row to the Center E, should be a Mount, cover'd with Trees very close set together; and upon this the Elm, the Lime, and others of the tallest Growth, should be put. But by no Means on the Outside of such a Square, should be planted any Trees that rise higher than the Wall or Pale-side, because they will break the Prospect of the whole Design; which should by no Means be interrupted next to the Houses, by which the whole is to be maintained. It may be objected perhaps, that at the first Planting of tall growing Trees on the Outside, they will not much hinder the Prospect; but we must then consider, that they are planted to grow large, and when they come to the desired Perfection, they must stand in our Way, and resist our Sight, and so rob the Gentlemen of that View which they have by their Expence endeavour'd to gain.
But I shall not say much more upon this Head, only that we may remark, that large Pieces of Ground, such as are in the Squares I have mention'd, may be put into such Order, as will contribute to the Pleasure and Happiness of those Gentle men who have Habitations in them. And I have heard a learned Man say, that where there was the greatest Opportunity of recreating the Spirits, the Mind was improved by that Opportunity; and that a Mind so improv'd, found always the nearest Way to do Business, and fill the Purse. For as he tells me in the same Letter, a Mind distracted, or confin'd, is like base Money, that does not only want a Currency in a Place, but must be nail'd down, to prevent any Inconvenience its Progress might occasion to the Publick: And so, as I have observ'd before, that most People love a Country Prospect, and are even pleased with the most narrow View of it, I conceive the adorning the Squares in the Rural Manner I propose, will contribute much to the Ease of those, who by their being Great and Noble, are Inhabitants of such Places.
CHAP. III.
Of the Part of
London
next the River
Thames
; how far we may promise our selves Success in Gardening there.
IF we begin at
Westminster
, and come towards the City, we must first survey that Garden which belongs to the Right Honourable the Earl of
Halifax
, near the Parliament-House. We find there not only many Plants that I have mention'd, but many others, which will not do so well in Squares, which are situate in the Middle of the Town.
After this, to come to
Whitehall
, the late Mr.
Heymen's
had several Pots of Flowers, both Auriculas and Carnations, which blossom'd very well, as has been related to me.
The Garden at
Somerset-house
had also been observ'd to produce several Varieties of Things, which the more Inland Parts of the Town have not generally been garnish'd with.
And the
Temple
Gardens have afforded many Varieties of Plants; even Wallflowers, Stocks and Carnations have grown there, and a good Number of Exotick Plants. These Places indeed lie all to the Water, and to the Sun, so that they are open on one Side to the Air; and perhaps the constant rising Vapour from the River, helps the Plants against the poisonous Quality in the City Smoke. Now we must consider, that in Places in
London
, where every Part is encompass'd with Smoke, and the Air is suffocated, or wants its true Freedom; Plants, which generally are used to the open Air, will not be always so healthful: and therefore I have now made it my Business to consult what Plants will live even in the worst Air of Chimneys, and the most pent up Air that we know. In my Chapter of
Adorning of Squares
, I have already said, that most of the hot-bed Annuals will grow well, and so will several Sorts of bulbose Roots, as the Crocus, Hyacinth, and some others, even to last some Years, if they are planted in due Time, and taken up at a proper Season. So the Lylac, Vine, Mulberry, Curran, Sun-flowers, and most of what I have named, will grow very well, if they have a right Care taken of them; but I commonly find that those Persons, who chiefly delight in adorning their Balconies, and other convenient Parts of their Habitations, with Greens or Flowers, have so little Knowledge of the Matter, that they too frequently lay out their Money upon those Things which will not afford them half so much Pleasure as a Nosegay, or common Bason of Flowers. For when Plants are brought to Market in Flower, such as Tulips, Hyacinths, Narcissus, and Roots of these Kinds, they may be subject to two Inconveniences; either they become faint by being taken out of the Ground when they begin to flower, and so will not last half their Time, or else they are brought from some very clean Air into our thick Air, which Change will never agree with them. I have heard that in some Parts in
England
, which are very watry, the People that are born there, are healthful, and live to great Ages; but if those who are born and bred in high Places of clean Air, come to inhabit those watry Countries, they soon begin to decline, and die in a short time; and this Case may explain to us, that Plants, which are brought to
London
from a very clean Air, will not thrive with us, or near so well as those that have been trained up within the Smoke of the Town. And besides, as I hinted before, the moving them at wrong Times of the Year, is the Occasion that many have been disappointed.
But from my own Experience, I shall put this into a better Light, that those curious Persons in
London
, who delight in Gardening, may not be imposed upon in buying such Roots as can neither make any good Show for the Time their Flowers remain, nor will live till the second; so that the Money laid out after this Manner is lost, and a common BoughPot will make a better Appearance, and last longer ornamental.
The Method therefore which should be taken to prevent this Mischief, should be to buy the Roots of each Sort when they are dry, and plant them about the End of
September
, or in
October
, in fine Earth; and they will blow strong and well the following Spring, and remain four times as long in Blossom, as any of those Roots that are brought to Market in Flower.
When these have done blowing, and the Stalks begins to grow dry, we should take the Roots out of the Ground; and when they are dry'd, put them in Papers, and keep them, till the Planting Season, in some dry Place. Now as most of these Roots, when we take them up, will have some small Roots or Off-sets joining to them, we must take care that such young Roots be taken from the old ones, for else they would hinder the old Roots from blowing the second Year; and besides, it would be necessary, in close Places especially, to have fresh Earth every Year for them; for the Earth that has been used a Year, has its Surface too much impregnated with the
London
Soot, to keep the Roots in Health: And besides, the little Quantity of Earth which can be contain'd in Cases, Pots and Tubs, has its Strength soon exhausted, and would want a little refreshing now and then, even if they were to be always in the Country. A very curious Gentleman, Mr.
Trowel
, of the
Temple
, told me, that he once, at his Country-Seat, strew'd a little Soot upon the Surface of the Ground, about some Tulips he had growing, and that all the Roots which he had treated in that Manner perish'd; which may shew us the Necessity of refreshing from Time to Time, the Earth in the Boxes, Cases, or Borders, which stand too much in the way of the sooty
London
Smoke.
We must observe in the planting these bulbous Roots, that we plant the roundest and largest by themselves, for they are surely Blowers, but the flat and long Roots will not blow till the Season following.
With this Way of Management, I doubt not but our
London
Gardens, however small they are, will be ornamental from Year to Year, without the common Loss which now generally attends many of them; and in little Compass, there may be a very agreeable Variety, beyond what there has been, occasion'd, as I conceive, for the want of Knowledge in the Art.
But to prevent any Hazard or Trouble, it is generally thought the surest Way to purchase fresh Roots from Year to Year, which may be had at a very cheap Rate.
CHAP. IV.
Of Court-Yards, and close Places in the
City
.
T
HIS Part of City Gardening depends upon more Skill than all the rest; for here we have little Liberty of Air; and it has been thought difficult to provide such Plants as would barely live in such Places: And also it has been judged impossible, that any Plant should last there in Health for any Time. Now therefore, to remedy this Defect, I shall from Experience give the Names of such Plants as will grow and prosper in the closest Parts of
London
, viz.
The Lime-Tree.
The Lylac, with the white Flower.
The Lylac, with the blue Flower.
The Lylac, with the Purple Flower.
The Persian Jessamin.
The Bladder Senna.
The Figg.
The Mulberry.
The Virginia Creeper.
The Vine.
The Common Privet.
The Angelica.
The Lillies.
The Perennial Sunflower.
The Martegons.
John Tradescant's
Starwort.
London
Pride.
Currans.
Elder.
Gilder-Rose.
These will remain good a long Time, if they are well taken Care of; and to them we may join many Sorts of Annual Flowers, as French Marygold, African Marygolds, Annual Sunflower,
&c.
As a farther Ornament to such Places, we may add such Plants and Flowers as will make a good Summer Show; and these are the French Honeysuckle, Pinks, Daisies of various Kinds, Double-Stocks, Scarlet Lichness, Wall-flowers, DoubleRockets, and Pots of breeding Tulips, which will blow much better than the striped Sorts. All these must be had in Pots fresh from the Garden, just as they begin to blow. There are other Plants which would likewise stand in such Places, but that depends upon the Largeness and Situation of the Places they are to be planted in; but I shall be ready at any Time to advise what will do, if I am consulted.
I have mention'd before, that the Lylacs will grow well in Squares and open Places; but they will also make a very good Show in the closest Parts of the Town, as may be observed in TavernYards, and the most narrow Alleys and small Courts in and about the City.
The Bladder Senna I have seen grow well in a Court in
Crutched Fryers
.
The Figg grows very well in some close Places about
Bridewell
, altho' encompass'd with Houses on every Side, which are so high, that the Sun never reaches them in Winter. These Figg-trees are about fifteen Foot high, and are Green from near the Ground to the Top; for which Reason, I wonder it has not not been more generally propagated in the City Gardens; especially since they will not only thrive well in
London
, but bear good Fruit too, if they are well pruned. I suppose one Reason why this Plant has been neglected is, because the Pruning of the Figg has been but little understood; but since the new Way of Pruning has been put in Practice, I have my self had two Crops of Figgs ripen upon a Tree in one Year. And by this Pruning, there is now a good Prospect of Figgs this Year, at the Reverend Dr.
Bennett's
Garden at
Cripplegate
; and near the same Place, there are now large Figg-Trees growing well, tho' they have very little Air.
The Mulberry will grow very well in the closest Courts or Alleys in
London
. There are now two large Mulberry-Trees growing in a little Yard, about sixteen Foot square, at
Sam's
Coffee-house in
Ludgate-street
. There are two likewise, at the Hall belonging to the Worshipful Company of Clothworkers, which have stood there many Years, and bear plen tifully, and ripen very well. These may be either planted in Tubs or Cases, and treated as Standards, or nail'd against Walls.
The Creeper of
Virginia
is a Plant well known to grow in the closest Places in the City, even where there is no Sun at all; and if they are fresh taken out of the Garden, and are healthful Plants, they will make Shoots of six or eight Foot long the first Year: And for the Good of their future Growth, they should be prun'd and nail'd at Autumn; for when the Top Shoots are suffer'd to hang down, so as to cover the under Shoots, such under Shoots are apt to die, and the Plant becomes thin; and then again the Pruning at this Season, encourages the rest of the Plant to shoot strong in the Spring, and make large Leaves.
This Plant is likewise excellent for the Ornament of Balconies and Windows, and will grow so well in Pots or Cases, that it will soon cover the Walls, and shade the Windows, if they lie exposed to the Sun. I need not refer to any particular Place, where this may be observ'd, since there is hardly a Street, Court, or Alley in
London
, without some Examples of what I relate of it.
The Vine will not only grow well in close Places, but likewise bear Fruit too where there is very little Sun. At the
Rose-Tavern
without
Temple bar
, there is a Vine that covers an Arbour, where the Sun very rarely comes, and has had ripe Grapes upon it; and at a Coffee-house next to
Grey's-Inn-Gate
, there is now a Vine which grows very well in a small Pot, tho' it is constantly kept in a close Room; this Year it was full of Leaves before
Christmas
.
The Common Privet will make a good Show in very close Places, if it is taken fresh from the Garden, and proper Care taken to water and prune it as it requires; for the watering Part there is no certain Times prescribed for doing it, nor can the Quantity of Water for it be exactly calculated, because some Plants are large, some small; the Pots or Cases, as they are larger and smaller, require more or less; and also some Places will hold the Earth longer moist than others. But this must be left to the Judgment of every one, and must be practised as Occasion represents, which a little Use will teach us. It will be necessary now and then, for the Welfare of this, and all other cased Plants, to stir and loosen the Earth on the Tops of the Pots or Cases, which otherwise would be apt to bind and grow hard, to the hindrance of the Plants Growth. So likewise we should from Time to Time add a little fresh Earth to our Pots, by which Means the Plants will become more vigorous. At
Bridewell
, some Places near
Guildhall
, and at
Aldermanbury
, there are Instances of this Plant's good Thriving, even so much as to cover Walls six or eight Foot high. This is best prun'd in Winter.
We have Instances enough that Angelica will thrive very well, and make an handsome Plant in the closest and most smoaky Parts of the City; and I have lately seen Hops growing very vigorously in a close Alley near
Whitecross Street
, which I am told bears Hops every Year.
The Lilly, Martegon, and Perennial Sun-Flower, I have describ'd elsewhere: But I may add thus much, that if we were to plant of all their forts, there might be a Succession of their Flowers for near three Months, for the different Sorts blow at different Times; and we find by Experience that they will live and thrive well in very close Places, even in the Heart of the City, and will last several Years.
John Tradescant's
Starwort, which I have mention'd before, grows likewise very well in the closest Places, and will thrive well in Pots, if it be discreetly managed, and make a good Show.
Currans conform themselves well to the City Smoak. There are many Instances of their growing well in close Places, such as Tavern-Yards, and even upon Leads on the Top of Houses amidst the Chimneys; they may be either kept in Pots or Cases, giving them gentle Waterings when necessary, and not too much or too little at one Time, which sometimes injures the Plants; or after a great Drought to give them abundance at one Time, may occasion their Death: In such a Case, their Wa terings should be moderate, and often repeated to recover them; for 'tis with Plants as with Animals that have fasted a long Time, their Food must be dispens'd to them by gentle Degrees, and not too much at one Time, for fear of surfeiting them. This Management relates to all sorts of Plants that require Water.
The Elder will make a good Addition to the Ornament of our close Gardens; and I am of Opinion might bear Fruit in such open Places, as the Squares I mention, for it thrives well where no Sun can come at it, and is very closely encompass'd with Houses; there are four Sorts of it,
viz.
that with the black Berries, the white berry'd Elder, the striped leav'd Elder, and the Parsley leav'd Elder; every one of which make very handsome Plants.
The Guildrose has likewise been experience'd to grow well in very close Places, and remain a long Time.
As for Annual Flowers, such as
French
Marygolds,
African
Marygolds, and Annual Sun-flowers, I have given a De scription of them before; they will do very well in the closest Places, to be planted just before they blow.
I may add likewise that Daisies, which are brought fresh out of the Garden in Flower will make a good Show a long while; and that Crocus's, if the Roots are planted fresh every Autumn, will blossom very well, tho' the Winter Sun does not reach them. I shall now proceed to the adorning Balconies in large Streets, which I account the Medium between the most airy Places, and the closest Parts of the City.
CHAP. V.
Ornaments and Decorations for Balconies, and the Outsides of Windows in large Streets
.
THAT we may begin early in the Spring to have a pleasant Idea of Gardening, and the Delights of the Country, I think it necessary to observe, that the Crocus, the Dwarf-flag Iris, Breeding Tulips, Lillies, Martagons, may be planted at Autumn, so as to make a beautiful Spring Appearance, especially where there are Cases or Borders of Earth.
The Ever-greens which may accompany them, and last the best, are the
Bay,
Standard Ivy,
Dutch
and
English
Box,
Italian
Ever-green Privet
; and for flowering Shrubs, the
Lalac,
Guilderose,
and Jessamines
, where there is Sun, will blow very well, as will likewise all those Flowers and Plants in Pots, which I have mention'd for the Ornament of close Places.
The Flowers which may be brought in to such Places, a little before their Blossom, in order to succeed those that are past their flowering, may be
Polyanthos,
Auriculas,
Wall-flowers,
Double Stocks,
Double Rockets,
Pinks,
Sweet Williams,
Province Rose,
Carnations,
French
Hony-suckles,
Double Scarlet Lychness.
But for one of the most lasting Beauties in this Branch of Gardening, I would recommend Apple-Trees, grassed upon Paradise Stocks, in Pots, which will, where there is any tolerable Sun and Air, prosper very well if they are brought from the Gardens in Flowers. I have known some Trees of this sort which have born successively for five Years, without changing their Place, as may be now observed at the Record Office in the Tower of
London
, by the Management of Mr.
Holmes
; and in more close Places, I have known some of these Trees which have born three Years successively, by only lodging them, towards Winter, in the Country, and bringing them back again to
London
when in Bloom. We might still add to the Ornaments for Balconies, young Oranges and Mirtles, which would yield a pleasing Variety, and thrive very well; but those Orange-Trees that are grassed, and will blossom and bear Fruit, will do much better in Chambers, tho' in the Summer Time, than stand out of Doors, tho' there are Instances of the latter in
London
.
There is hardly any Annual which is mentioned for the Squares that will not make some Show in such Balconies where the Sun and Air is free, so that we are at little Loss for Ornaments for such Places; and as Water in
London
may be generally brought as high as a Balcony, it might be ordered so as to play now and then in a little Stream, or Jett in some Figure, or Piece of Rock Work, proportion'd to the Bigness of the Balcony or Leads where we have our Garden. There has been a long Time a Fountain in the Manner I speak of at a Plummer's the upper End of the
Hay Market
, near
Piccadilly
; or if such a Figure should not be agreeable, a Model might be made from some of the Waterworks in
Versailles
Gardens, to be fixed at Pleasure to the Water-Pipe, and changed for others if we saw convenient.
To the Plants I have mention'd, we may add many sorts of Aloes, which will do very well in
London
; and also some of those strange Plants call'd Torch-Thistles, and also some sorts of the Fig Marygolds on Ficoides. Mr.
Jobber
, a very curious Gentleman, in
Norfolk-Street
, has cultivated several Sorts of them with good Success, and preserv'd them well in Winter, as well as Summer, the Aloes especially, which should have no Water from
Michaelmas
till
May
; and in a much closer Place than this,
i. e. Aldermanbury
, Mr.
Smith
an Apothecary has a very good Collection of these succulent or juicy Plants, which he has kept for many Years.
The Aloes are so surprizingly different from the other Plants of the Garden, that I judge they will contribute very much to the Decoration and Beauty of such Places as I am now treating of; for besides the strange Form and Manner of their Growth, their Leaves are in some Sorts spotted with White, edged with Thorns, others with their Leaves curl'd like Rams Horns; and again, others have their Leaves smooth on the Edges, and cover'd with white Knobs, like Pearls; but it is almost impossible to express all their Beauties: I have now about thirty Sorts differing very much from one another.
But where there is not the Conveniency of a Balcony, the Chambers of a House may have their Ornaments, which may last well for a considerable Time, especially while Fires are not in use.
The Chimneys which are generally dress'd in Summer with fading Bough Pots, might be as well adorn'd at once with living Plants, as I have observ'd at her Grace's the late excellent Dutchess of
Beaufort
.
If one was to have a Pyramid of Shelves to be covered with Pots of blossoming Orange-Trees, with Fruit upon them, intermixt with Mirtles, Aloes,
&c.
for Variety-sake, it would be extremely beautiful for the Summer; and the Pots, to add the greater Beauty, might be of Delph Ware, or well painted, to stand in Dishes, which are now in Use; so that when we water the Plants, the Water will not run upon the Floor.
The Orange-Trees may be brought to such Places, either to be set in Chimneys, or in the Windows, when they are in Flower, and remain till
August
, and then be sent back; the Garden to be taken Care of for the Winter at the usual Price.
Box or Privet to be train'd up in a Fan Fashion, will do very well in Chimneys for a Summer, if they are now and then set abroad at Night, and in Showers of Rain, and are regularly water'd; and with these we may also place white Lillies taken up in Bunches, just as they are coming into Flower, and potted they will make a good Show, and will last beautiful a long Time, and perfume the House almost as well as a Tuberose.
So likewise for Change we may set Pots of Campenulas, which last in flower a long Time, and make a fine Appearance with their long Spikes of blue Flowers, and yield a grateful Scent: But all these Things may be vary'd according to the Fancy of the Persons who delight in such Ornaments. The Aloes and Torch-Thistles, tho' yet little known in
London
, add an extraordinary Gaiety to those Plants I have mention'd for Chimneys, and require very little Care, as I find from those Gentlemen in
London
, who have purchas'd them of me.
To further this Variety, if we have Convenience of a Place to set Pots abroad, or without Doors, we may have most of the Annual Flowers to interchange from Time to Time, as it may be judg'd proper.
Perhaps many that have Gardens in
London
are acquainted but with few Sorts of the Plants or Flowers, that I have set down for beautifying the City Gardens; their best Way therefore to be inform'd will be to view the Gardens at
Hoxton
, and other Places near the Town, where they may see all the Variety of Flowers that blow in the Spring, Summer, and Autumn Seasons; and then consult with the Gardener about those they like best, especially which should be planted at Autumn, and which in the Spring.
The next Thing to be consider'd is to have a Gardener of Judgment to manage a City Garden; for a Gardener that has been bred in the Country, and has not had Practice about the Town, knows little more of managing a Garden in
London
than one that is bred to Plow and Cart.
There are many ignorant Pretenders, who call at Houses where they know there is any Ground, let it be in Season or out of Season, and tell the Owners it is a good Time to dress and make up their Gardens; and often impose on them that employ them, by telling them every Thing will do, when perhaps it is a wrong Season; for most sorts of Things they plant, and even few sorts of those Plants they recommend, will grow, tho' they were to be planted in a right Season.
This is a great Discouragement, which makes those Persons, who delight a little in a Garden, neglect doing any Thing at all, thinking all their Labour and Cost thrown away.
Another Disappointment these Lovers of Gardens meet with, is from the Markets; for most of those People who sell the Trees and Plants in
Stocks
and other Markets, are Fruiterers, who understand no more of Gardening than a Gardener does the making up the Compound Medicines of an Apothecary. They often tell us the Plants will prosper, when there is no Reason or Hopes of their growing at all; for I and others have seen Plants that were to be sold in the Markets, that were as uncertain of Growth as a Piece of
Noah's
Ark would be, had we it here to plant; but when such Plants are bought at the Gardens where they were raised, there can be no Deceit, without the Gardener who sold them loses his Character.
But as I suppose this chiefly happens through the Ignorance of the Higglers in Plants, so it is reasonable to judge that bred Gardeners, who have study'd the Art, are the most proper Persons to be apply'd to in Gardening Affairs, rather than trust to those who have never had an Opportunity of knowing what a Garden is: For my part, notwithstanding I have been about Forty Years in the Business of Gardening, I find the Art so mysterious, that the whole Life of a Man may be employ'd in it, without gaining a true Knowledge of every Thing necessary to be done.
But this Mischief is no new Thing among us, as we find plainly in the Preamble to the Charter granted by King
James
the First, for establishing a Corporation and Company of
London
Gardeners, which then had a good Effect; but afterwards being somewhat neglected, King
Charles
, by Proclamation, order'd the said Charter to be put in Force in order to suppress those Dealers in Plants, which imposed upon his Subjects, by selling them unwarrantable Goods.
Some People, perhaps, may be so illnatur'd to think that I write this to hinder them of their Business; but those who know me are very sensible I am rather for promoting than discouraging those Men of the Trade who are fair Dealers; nor can it be out of Self-Interest that I publish this, seeing already I have a Share of the Gardening Business: Therefore I desire all that read it will have the same View I have in writing of it, which is purely for the publick Service.
Tho' I have confin'd my self in these Papers, to the Management or Ordering of City Gardening only, yet it is not to be understood that my Practice is alone confined to that. The many Experiments I am now making in my Gardens, for the Improvement of all sorts of Fruits, Flowers, and Trees, at the Request of several Gentlemen in the Country, who are my Customers; were I here to insert an Account of them, would make a Work much larger than I design at this Time; or indeed would it be very proper to joyn with my present Subject; but it is likely I may find Time to offer these and some other Experiments to the Publick hereafter, for the further Confirmation of the Generation of Plants, and the Circulation of Sap.
FINIS.
A TREATISE OF BUGGS:
Shewing
When and How they were first brought into
England
. How they are brought into and infect Houses. Their Nature, several Foods, Times and Manner of Spawning and Propagating in this Climate. Their great
Increase
accounted for, by Proof of the Numbers each Pair produce in a Season. REASONS given why all Attempts hitherto made for their Destruction have proved ineffectual.
Vulgar Errors
concerning them refuted. That from
September
to
March
is the best Season for their total Destruction, demonstrated by Reason, and proved by Facts. Concluding with DIRECTIONS for such as have them not already, how to avoid them; and for those that have them, how to destroy them.
By
JOHN SOUTHALL
, Maker of the Nonpareil Liquor for destroying
Buggs
and
Nits
, living at the
Green Posts
in the
Green Walk
near
Faulcon-stairs, Southwark
.
LONDON
: Printed for J.
Roberts
, near the
Oxford-Arms
in
Warwick-Lane
. M.DCC.XXX. (Price One Shilling).
TO Sir
Hans Sloane
, Bart. First Physician in Ordinary to His MAJESTY; President of the
Royal Society
, and also of the College of Physicians.
SIR
,
YOUR ready Condescension to peruse the following Treatise, and to see the Experiments of my Liquor, both in regard to its bringing out, and destroying Buggs; as also that of its no ways staining Furniture; was to me the happy Presage of your Favour, and Approbation of my Performances.
The Satisfaction of having this Treatise and Experiments approv'd by You, the Best of Judges, was to me the greatest Honour I could wish for; but the additional one, confer'd by your intro ducing me to the
Royal Society
, and there having not only their unanimous Approbation, but yours and their Thanks for my Discoveries and Intent of publishing them, was beyond my Hopes, and a Pleasure so great, as to be past expressing; in regard that it dissipates all my Fears for its Success, and makes me justly hope it will meet with a candid Reception from, and be of general Benefit to the Publick.
As to your Goodness, I must ascribe the happy Prospect of its proving so, Gratitude obliges me in this manner to acknowledge it; and to be,
Sir
,
Your Much-Obliged, And Most Obedient Servant
,
John Southall
.
THE
PREFACE
.
BEING diffident of my own Performance, and desirous it should stand or fall by the Opinion of the Best of Judges, was the Motive that induced me to make my Application to that very Learned, truly Judicious and commendably Curious Person to whom it's dedicated: At the same time determining, that if he approv'd of it, I would publish it; and if he disapprov'd, that I would burn it. But it happily meeting his Approbation, it now makes its Appearance in Print: Tho' I must in Justice to him acknowledge, it could not have so done so soon, nor with such Embellishments, had he not only forwarded the Impression, but directed and order'd the Copper-plate. As it has not only his Approbation, but also, by his introducing it, the unanimous Concurrent Approbation of (those great Encouragers of things useful) the Royal Society; I hope it will not fail of meeting a kind Reception from the Inhabitants in and about this Metropolis; by whom, as such a Treatise,
&c.
was most wanted, for their Benefit and Ease it was at first chiefly design'd.
Tho' with such Helps as it now has, I am not without Hopes that it may extend its Qualities to distant infected Places.
I should think it a Duty Incumbent on me, and would wait on the Venerable Members of the aforesaid Society, present when my Manuscript was read, personally to return them my Thanks for the Honours conferr'd on me. But as the Names and Places of Abode of most are unknown to me, I humbly beg they will accept this Acknowledgement of them, by their
Obliged and Obedient Servant, JOHN SOUTHALL
.
A
TREATISE
OF
BUGGS
.
AS Buggs have been known to be in
England
above sixty Years, and every Season increasing so upon us, as to become terrible to almost every Inhabitant in and about this Metro polis, it were greatly to be wished that some more learned Person than my self, studious for the Good of Human Kind, and the Improvement of natural Knowledge, would have oblig'd the Town with some Treatise, Discourse or Lecture on that nauseous venomous Insect.
But as none such have attempted it, and I have ever since my return from
America
made their destruction my Profession, and was at first much baffled in my Attempts for want, (as I then believ'd, and have since found) of truly knowing the Nature of those intolerable Vermin: I determin'd by all means possible to try if I could discover and find out as much of their Nature, Feeding and Breeding, as might be conducive to my being better able to destroy them.
And tho' in attempting it I must own I had a View at private Gain, as well as the publick Good; yet I hope my Design will appear laudable, and the Event answer both Ends.
The late Learned and truly Valuable Dr.
Woodward
, to whom I first communicated my Intent, not only approv'd the Design, but also the Methods which, I told him, I design'd to pursue, to attain the desired Effects: and at the same time was so good to give me some useful Hints and Instructions, the better to accomplish an Affair, which he said 'twas his Opinion would be a general Good.
Not to make this Acknowledgement of his kind Assistance, would be Ingratitude to my dear deceas'd Friend.
As I had his Approbation at the beginning, had he but liv'd till now, I doubt not but the Discoveries I have made would have appear'd so considerable and useful, as might have entitled me to his farther Friendship and Assistance, in methodizing this Treatise for Publication.
But depriv'd of him, my first and greatest Encourager, I have ventur'd to let it appear in the best Dress my Capacity will admit. Should the Stile and my Manner of handling the Subject to be treated of, appear uncouth and displease, I hope the Usefulness of it to the Publick will make some amends for that Defect.
In treating on these Insects, some part of the Discourse may perhaps at first View appear surprizing, if not incredible to the Readers: But by giving them an account how I attain'd my Knowledge, and by often reiterated Experiments prov'd them to be certain Facts, they will soon alter their Opinion; and the whole, I hope, will not only be acceptable, diverting and instructive to the Rea ders, but also of universal Benefit to the Inhabitants in and about
London
and
Westminster
.
This Treatise being on a Subject as much wanted as any whatever, and the Pains and Trouble I have taken to arrive at my Knowledge herein, having been uncommon; it may be expected by the Curious, that I should give some of the Reasons that first induced me to undertake a Discovery so very difficult to appearance.
It may not therefore be unnecessary to acquaint such, that in the Year 1726, my Affairs requiring my going to the
West-Indies
, I had not been long there arrived, before, (the Climate not agreeing with my Constitution) I fell sick, had a Complication of the Country Distempers, lost the Use of my Limbs, and was given over by the best Physicians at
Kingstown
in
Jamaica
.
But, contrary to their Expectation, recovering a little, they advis'd me to stay no longer in a Country, so prejudicial and dangerous to me, than till I could get Shipping for
England
; and in the mean time desired that as often as I was able, I would ride out for the Benefit of the Air; which as soon as I had Strength enough, I did.
In one of my Journeys meeting with an uncommon Negro, the Hair or (rather) Wooll on his Head, Beard, and Breast being as white as Snow, I stopt my Horse to look on him; and he coming, as their way is, to beg a little Tobacco, I gave it, and enquir'd if he had been always so white-hair'd. He answer'd, no; but Age had made him so.
Observing that he moved briskly, had no Wrinkles, and all his Teeth, I told him I could not believe him to be very old, at the same time de siring to know this Age. His Answer was, he knew not himself; but this he knew, that he was one of the first Slaves brought into that Island, after the
English
had taken it in
Oliver Cromwell's
time, and was then a great Boy.
By this account I judged, and might reasonably suppose him upwards of ninety Years of Age.
Whilst we were in discourse, he perceiving me often rub and scratch, where my Face and Eyes were much swelled with Bugg-Bites, asked if Chintses, (so Buggs are by Negroes and some others there calles) had bit me? On my answering yes; he said, he wonder'd white Men should let them bite; they should do something to kill them, as he did.
This unexpected Expression excited in me a Curiosity to have farther Discourse with him; and on my telling him, that for my part I should be extreme glad to know how to destroy those Disturbers of my Rest, and that if he would tell me how, I would give him some more Tobacco and a Bit, (a Piece of
Spanish
Money, there current at Seven-pence Half-Penny:) On this he agreed to give me a Calibash full of Liquor, which he said would certainly do it, following the Directions he gave me.
Possess'd of this, well pleas'd I went home, and tho' much fatigued, I could not forbear using some of it before I went to sleep; and to my surprize, the instant I applied it, vast Numbers did, (as he had told me they would) come out of their Holes, and die before my face.
These I swept up, threw away, and went to Bed, and had much better Rest than usual, not being Buggbit then, as I always was before.
But what added to my Satisfaction, and further surpriz'd me, was, that when I got up I found many more had come out in the Night and were dead.
On this, I conceiv'd so great an Opinion of the Goodness and Usefulness of this Liquor, that I was resolved to endeavour, and if possible to prevail on him to teach me how to make it; well knowing so valuable a Secret was much wanted, and would be highly useful, if I lived to return to
England
.
In order to obtain it, I got some
English
Beef, Pork, Biscuit and Beer, and some Tobacco, believing those sooner than Money or any other thing would procure from the Negro, what I so much wanted and desired.
The next day early I went, and finding my Negro in his Hutt, I asked if he could dress me some Victuals. On his replying, yes, if he had it; I open'd my Store-Bags, took out one Piece of Beef, some Biscuits and a Bottle of Beer, taking care at the same time he should see the rest. We eat a Biscuit, drank some Beer, and to dressing the Beef with some Yams out of his Plantation, he eagerly went: all Negroes being greedy of Flesh, when they can come at it; some of them not eating any for many Years together, but live altogether on the Produce of the Earth.
Whilst he was intent on Cooking and in a good Humour, I took the Opportunity of telling him, I had used and so well approved of his Liquor, that if he would learn me how to make it, all the Victuals and Tobacco in the Bags, and what Liquor we did not drink whilst I staid, I would give to him, as a Recompence for the Favour.
At first he refused, believing me (as I found by his discourse) to be a
Creolian
, whom the Negroes in general hate; but upon my convincing him I was an
Englishman
, and returning home, the good Chear prevail'd.
After eating together, into the Woods and Savannahs we went, to gather such of the Materials as grew not on his Plantation, or that he had not by him; and returning to his Hutt, to making the Liquor he went.
I remark'd well, and set down the Names, Quantities, and his way of making and mixing the Composition; which being done, all the Bottles we emptied of Beer were fill'd with the Liquor; with which I return'd to
Kingstown
, being as well pleas'd with my Discovery, as the Negro was with my Presents.
Having thus obtain'd my most material Point, I could not yet for bear going every time I rode out, to see and discourse my Negro, and never went empty-handed, being desirous to try if I could discover any thing further from him or of him, and how he attain'd the great Knowledge I found he had in the medicinal Virtues of Roots, Plants,
&c.
He inform'd me, that during about fifty Years that he was a Slave (in which time six of his Masters had died) he oft wish'd for Death, and sought no means to preserve Life, and was then so infirm, as to be thought by his seventh Master to be past labour; and having been a good and faithful Slave, his said Master gave him his Freedom, and the piece of Ground I found him upon, to live on.
That Liberty having render'd Life more agreeable to him, he then studied all means to preserve it, and having some knowledge of things proper to preserve as well as support him, he had ever since planted,
&c.
, in his Plantation, things proper for Physick as well as Food.
And indeed his Ground might be called a Physick-Garden, rather than a Provision-Plantation; for of the latter he only raised enough to support himself, of the former to supply others as well as himself, and frequently made Medicines for his sick Acquaintance and others with success. This Account I had of him from many, as well as from himself; which made me entertain so good an opinion of his Skill and Fidelity, that I ventur'd to take a Medicine made by him, by the use of which I found great Benefit in the restoring me to the Use of my Limbs.
'Twas owing to his Skill that he had thus preserv'd himself to so great an Age; and 'tis my Opinion, he had attain'd to a greater knowledge of the physical Use of the Vegetables of that Country, than any illiterate Person ever had done before him.
Believing some of the Materials not to be had in
Europe
, I procured of him a quantity, and soon after returned to
England
.
On my arrival at
London
in
August
1727, I made some Liquor to compare with his, (which I found exactly the same) whereupon I set about destroying of Buggs, and found to my Satisfaction, that wherever I apply'd it, it brought out and kill'd 'em all. At length I advertis'd, had great business, and pleased every body, then apprehending no return of the Vermin. But yet, to my surprize, tho' I had kill'd all the old ones, young ones sometimes, in some places, would appear.
To my Liquor's being then so strong and oleous, that I durst not venture to liquor the Furniture for fear of damaging it, I at first attributed the coming of those young Buggs.
Whereupon I studied to find an Allay for that Quality; which at length, after many Experiments, and with much difficulty, I found out, and to such a perfection, that I can and do with safety liquor the richest of Furniture, as well as the Woodwork of Beds; and tho' the staining Quality be taken off, the valuable attractive and destructive parts of the Composition still retain their full Virtue.
Having gain'd this great Point, I then went on briskly, and destroy'd Buggs and Nits in all Beds and Furniture wherever I came: But yet Young Ones from behind Wainscot and out of Walls would sometimes afterwards appear, get to the Beds for better quarters and food, and become troublesome.
This much perplex'd me; but these unforeseen and then unknown Difficulties, which might have discouraged a less enterprizing Genius, prompted me the more to find the Cause and Means to overcome them; which I conjectur'd might best be done, by finding their Nature and Method of Breeding, Feeding,
&c.
In order to it, I enquir'd of many Booksellers, if any Book concerning them had ever been published; but finding none, I then made it my business to discourse as many learned, curious, and antient Men as I possibly could, concerning them; but all that ever I could gather from either, was the following Account, how and when they were first known to be brought and to breed in
England
.
Viz.
"That soon after the Fire of
London
, in some of the new-built Houses they were observ'd to appear, and were never noted to have been seen in the old, tho' they were then so few, as to be little taken notice of; yet as they were only seen in Firr-Timber, 'twas conjectur'd they were then first brought to
England
in them; of which most of the new Houses were partly built, instead of the good Oak destroy'd in the old."
In the above Account of their first coming, Esquire
Pitfield
and Mr.
White
, a Chymist, Men of great Probity and Curiosity, agreed.
And as the Sap of Deal is one of their beloved Foods, this probably might be the first way they were brought. How they are still brought, I shall speak to more fully hereafter, in my Instructions to avoid them.
Finding no satisfactory Account of their Nature, Breeding, and Feeding, to be come at from others, I was resolved assiduously to set about and try all possible ways to attain it myself. My first Step was to purchase and try Microscopes, and all such Helps as could be got, and to devise such others as might contribute thereto; by which I am enabled to give you the following Descriptions of Buggs
&c.
which the better to illustrate, is annexed from a CopperPlate, curiously engraven by the famous Mr.
Vandergucht
, the different Species and Sizes of Buggs, as well as one correctly and finely magnified.
I was not so fond of my own Performance, as to think my Treatise merited so great an Ornament. But as the Learned and Judicious Sir
Hans Sloane
had done me the Honour to peruse and approve of my Manuscript, and thought it worthy thereof, and also desired and directed the doing the said Plate by so good a Hand; I should have been wanting to myself, had I not, in de ference and respect to his Opinion and Request, annex'd the same.
A Bugg's Body is shaped and shelled, and the Shell as transparent and finely striped as the most beautiful amphibious Turtle; has six Legs most exactly shaped, jointed and bristled as the Legs of a Crab. Its Neck and Head much resembles a Toad's. On its Head are three Horns picqued and bristled; and at the end of their Nose they have a Sting sharper and much smaller than a Bee's. The Use of their Horns is in Fight to assail their Enemies, or defend themselves. With the Sting they penetrate and wound our Skins, and then (tho' the Wound is so small as to be almost imperceptible) they thence by Suction extract their most delicious Food, our Blood. This Sucking the Wound so given, is what we improperly call biting us.
By often nightly watching and daily observing them with the best of Helps, having discover'd Males from Females, I determin'd, and then did put up a Pair in a Glass, as believing that to keep them the Year round, would be the only and best way to find the Nature of their breeding, feeding,
&c.
and be a means to discover what had occasion'd the Difficulties I had met with in my Endeavours and Practice of destroying them.
As the Thought was
à propos
, and the Event having answer'd Expectation, I shall now inform you of my Observations and Discoveries thereby made.
As I put up the Pair aforesaid, so did I another Pair that day Fortnight, and so every Fortnight for eighteen Months, did I put up others, with various Foods.
The first, second, third, and fourth Pair lived, but did not presently breed, it not being then their Season of so doing: But in about ten Days after I put up the fifth Pair, they all spawn'd much about the time of each other; and in about three Weeks the Spawn came to life.
Of the Spawn and different Gradations of Buggs, I shall now give you an exact Account.
The Eggs or Nits are white, and having when spawn'd a clammy glutinous Substance, they stick to any thing spawn'd upon, and by Heat come to Maturity and Life. The Eggs are oval, and as small as the smallest Maw-seed.
Buggs of one day old, are white as Milk.
At three days old, are Cream-colour'd.
At one Week old, are Straw-colour'd.
At two Weeks, are of the same Colour, with a red List down the Back.
At three Weeks, List Copper Colour.
At four Weeks, List Browner.
At five Weeks, List deeper Brown.
At six Weeks, the Sides brown, and the List hardly discernible.
At seven Weeks, they come to be of their proper Colour, all over brown.
At eight Weeks, they grow bigger.
Nine Weeks, Ditto.
Ten Weeks, Ditto.
At eleven Weeks, they are full grown.
Vide
the Plate done from
Europeans
bred: under which is a single one longer and larger, than our full-grown, being a full-grown
American
bred. 'Tis needless to give the Gradations of that Species, because when they spawn and breed here, the Young degenerate, and are of the
European
Size.
As I wrote down the Time I put up all Pairs for breeding, and also the Times they spawn'd, and observ'd and set down the Numbers they generally spawn'd; I found by my account of above forty Pair so put up with various Foods, not only their best-beloved Foods, but also their Method of Breeding; of which, to render my Observations of publick Service, I shall give you an account.
Viz.
Their beloved Foods are Blood, dry'd Paste, Size, Deal, Beach, Osier, and some other Woods, the Sap of which they suck; and on any one of these will they live the Year round.
Oak, Walnut, Cedar and Mahogoney they will not feed upon; all Pairs I put up with those Woods for Food, having been soon starved to death.
Wild Buggs are watchful and cunning, and tho' timorous of us, yet in fight one with another, are very fierce; I having often seen some (that I brought up from a day old, always inur'd to Light and Company) fight as eagerly as Dogs or Cocks, and sometimes one or both have died on the Spot. From those so brought up tame, I made the greatest Discoveries.
They are hot in Nature, generate often, and shoot their Spawn all at once, and then leave it, as Fish do.
They generally spawn about fifty at a time, of which Spawn about forty odd in about three Weeks time usually, (but sometimes two or three days more or less, according as the Weather proves more or less hot) come to life; the Residue proving addle, as do often the Eggs of Hens,
&c.
Thus they spawn four times in a Season;
viz.
in
March, May, July
, and
September
: by which 'tis apparent to a Demonstration, that from every Pair that lives out the Season, about two hundred Eggs or Nits are produc'd; and that out of them, one hundred and sixty, or one hundred and seventy, come to Life and Perfection.
Some of the first Breed I have known to spawn the same Season they were hatched; but so few in Quantity, and those so weakly, that the Winter killed them.
I have also observed that in Rooms where constant Fires have been kept Night and Day, they have been so brisk and stout as to spawn in the Depth of Winter: but of all the Spawn I ever saw between
September
and
March
, not one ever came to Life.
This plainly evinces, that Natural Heat only produces Life in the Spawn, and that Artificial cannot.
Thus having shewn plainly the Number each Pair annually produce, I hope their great Increase is so sufficiently accounted for, that it need no more be wonder'd at.
And having also shewn their seven Months Season of Breeding, if 'tis admitted, as I think 'tis plainly apparent, that in the other five Months,
viz.
from
September
to
March
, when there is no such thing as Spawn but what is addle, and consequently cannot come to Maturity; it then naturally follows, that the Winter is the best Season for their total Destruction: which I shall make more fully appear presently, but must first refute two vulgar Errors.
The first is, That many People imagine they are dead in Winter. This is a Notion so absurd, that it would hardly be worth mentioning, had I not by Experience found it had prevail'd with many People of Sense and Learning, as well as the Vulgar and Illiterate. The many Experiments by me shown at the Hospitals in the hardest Frosts last Winter, and in the Houses of the Nobility and Gentry, and to Sir
Hans Sloane
the 30th of
December
1729, will, I hope, be deem'd a sufficient Refutation of that Error: For in the coldest Seasons the Application of my Liquor with a Feather only, made the Vermin bolt out of their Holes, and die before their faces.
This they will do all the Year round in the coldest or hottest Wea ther. And I have seen, and do assert, they do bite in the cold as well as hot Seasons: but as our Blood is not so apt to inflame in Winter as in Summer, their Bites make but little Impression, and are consequently the less regarded.
The
second
and most prevailing Error is, That Buggs bite some Persons, and not others: When in Reality they bite every Human Body that comes in their way; and this I will undertake plainly to demonstrate by Reason.
It is generally observ'd and granted, that a Person under an ill Habit of Body, if he receives a small Cut or Wound, so slight as to be at first thought a Trifle, such Person's Wound by reason of such ill Habit shall be attended with Inflammations and other dangerous Symptons, and be longer under Cure than Wounds, which when first receiv'd were larger, and consequently thought more dangerous. These Wounds shall be immediately healed on Persons in good Habit of Body, such good Habit preventing any Inflammations.
And as Fevers, and Swellings attending and prolonging the Cure of Fractures, are accounted for the same way; why may it not by the same parity of Reason be admitted, that the Bite or Wound of a Bugg should swell and inflame such only whose Blood is out of order; and tho' they do bite, cause no Inflammations on any in right order of Blood?
The best Reason which can be given in support of this Error, is, That where two Persons lie in one Bed, one shall be apparently bit, the other not.
Buggs indeed, where there are two Sorts, may feed most on that Blood which best pleases their Palate; but that they do taste the other also, to me is apparent: And whenever that Bedfellow who is most liked by Buggs shall lie from home, the other will so sensibly feel the effects to be as above, that they will no longer think themselves bite-free.
Of this I am sensible, that I daily am bit when practising and at work in my Business, destroying them; and as they never swell me but when out of order, from thence I infer, that not only myself, but all such who are among Buggs, and do not swell with their Bites, are certainly in good Habit of Body. But to return to my Subject.
Having shewn that they not only live in Winter, but asserted that to be the best Season for their total Destruction, I must further observe, that few People caring to trouble themselves about Buggs but when they themselves are troubled by them, having confin'd the Attempts for their Destruction chiefly to the BreedingSeason, has been the sole Reason why the best Efforts for their Destruction have fail'd.
I do admit innumerable Quantities have been destroy'd, and much good has and may be done in Summer: but should every old Bugg then be destroy'd, you are yet not safe; for the Nits behind Wainscot and in Walls, which cannot be come at, will by heat come to life, and your work is partly to be done over again.
Whereas, on the contrary, if cleared out of Spawning-time, there is a certainty, as there is then no Nits, that their Offspring cannot plague you thereafter.
'Tis for this Reason I warrant what I do in Winter; which I cannot pretend to do in Summer.
In Summer indeed I do destroy all Buggs and Nits too in Beds and their Furniture, but Buggs only behind Wainscot and in Walls: for tho' my Liquor has an attractive as well as the destructive Quality, and thereby does bring out and destroy every live Bugg; yet their Nits being inanimate, cannot come to the Liquor, nor the Liquor at them. Such Nits therefore will come to life by heat, and quit the Walls and Wainscot for better Quarters and Food in the Bed, and so become troublesome to you.
Having thus given, I hope, a satisfactory Account of this nauseous, venomous Vermin, I shall proceed to shew how they are daily brought to
England
, and into Houses commonly; then give some necessary Cautions how to avoid them, and Directions how to destroy them.
As these Insects abound in all foreign Parts, especially in hotter Climates more than they do here; 'tis on that account all Trading Ships are so over-run with them, that hardly any one thing, if examin'd, will be found free.
And as by Shipping they were doubtless first brought to
England
, so are they now daily brought. This to me is apparent, because not one Sea-Port in
England
is free; whereas in Inland-Towns, Buggs are hardly known.
This Metropolis therefore, as having the greatest Number of Shipping, has had the greatest Number imported, and consequently bred in it.
You that are free, and would avoid a foreign Supply in your Houses, examine well all things from on board Ships before you admit them into Lodging-Rooms. Chests and Casks, Linnens, and Paper, being stiffen'd with Paste, afford them Food, and are consequently most dangerous.
If you have occasion to change Servants, let their Boxes, Trunks,
&c.
be well examin'd before carried into your Rooms, lest their coming from infected Houses should prove dangerous to yours.
Examine well all Furniture that comes in, before you set it up, Beds especially; which I recommend should be plain, and as free from Wood-work as possible, and made to draw out, that the Wainscot and Walls may be better come at, to clear them from Buggs and Dirt.
Deal Head-Boards, and HeadCloths lined with Deal, or Rails of that Wood, avoid.
Also Beach-Bedsteds, for all such afford them much Harbour and Food.
If for Ornament you use Lace, let it be sewed, not pasted on, for Paste they love much.
Oak-Bedsteds, and plain Wainscot Head-Boards, and Tester-Rails of that Wood, allow them the least Harbour, and no Food; such therefore I recommend.
If you put out your Linnen to wash, let no Washer-woman's Basket be brought into your Houses; for they often prove as dangerous to those that have no Buggs, as Cradles, and Bugg-Traps made of the same Wood, often do to those that have them: for the Wood they are made of, affords them much Convenience of Harbour, and great Nourishment.
Upholsterers are often blamed in Bugg-Affairs; the only Fault I can lay to their Charge, is their Folly, or rather Inadvertency, in suffering old Furniture, when they have taken it down, because it was buggy, to be brought into their Shops or Houses, among new and free Furniture, to infect them.
Builders are more blameable than they: for in Houses built for Sale, old Wainscot-Doors, Chimney-Pieces,
&c.
are oft put up for Cheapness, painted over, and pass for new; thus the Houses in
Hanover
and
Grosvenor-Squares, &c.
were supplied before inhabited.
In taking of Houses, new or old, and in buying Bedsteds, Furniture,
&c.
examine carefully if you can find Bugg-marks. If you find such, though you see not the Vermin, you may assure yourself they are nevertheless infected.
To such as have, and would destroy them, I shall now proceed to give full Directions. In order to do it effectually, and to lessen your trouble, the first necessary thing to be known, is their Marks.
Buggs, tho' nasty to us, are so cleanly to themselves, that they quit their places of Harbour to come out and dung, and their Excrements leave a Mark or Stain like that of a Fly, but somewhat blacker; and wherever you see such Marks, if on Wood, look for the nearest Crevise, Knot or Streak; if on Walls, for the nearest Crack or Hole; if on Furniture, for the nearest Seam, Lace, Tape, or Fold, and there assuredly are the Vermin, and there apply the Remedy.
In Winter-time, few, if any, are to be found by day-light in the Furniture of a Bed; but in the Woodwork, Wainscot, or Walls only.
In the Summer they are all over, and every Lace, Tape, Seam and Fold must be examin'd, as well as the Crevises, Joints, and Carving in the Wood-work, for the Marks, and the Remedy applied accordingly.
In Winter-time, though they lie in pretty close Quarters, yet are they easily destroy'd with any thing that will attract or entice them to it.
If no such thing you have, give me leave to recommend my Liquor; on the Application of which, at all Seasons of the Year, they will come out, and immediately die before your Face.
In Summer they lie in more open Quarters, and spread, and then are not in any measure to be reduced, but by such Liquors as you may safely touch the Furniture with all over: if none such you have, you may depend that mine will not stain or any way hurt the richest Velvet, Silk, or Stuff, not even Scarlet, which almost every thing else will do.
On account of these excellent Qualifications, the Liquor has its Name of
Nonpareil
; and of this, if minded to do it yourself, you may have a Bottle for 2
s.
sufficient for a common Bed, with plain Directions how to use it effectually.
If the Trouble of doing it your selves be disagreeable to you, you may have it expeditiously done by me or my Servants, and your Beds, or such Part as is necessary, taken down and put up again in full as good, if not better Order, than they were before, and alter'd, (if I see Opportunity or Occasion) and made to draw out, on my usual easy Terms.
As I have occasionally mention'd what Sort of Beds I would have you avoid, give me leave to add and assure you, that Beds may be made full as warm as usual, and very ornamental, and yet be so very handy, as that any one of your own Servants might take all down and clear them of Buggs, Dirt, and Dust, and put them up again in a quarter of an Hour; and to this Fashion most Beds may be alter'd, several Persons having lately done so by my Directions to their very great Satisfaction.
Those that have a mind to have new Beds thus made, or old ones alter'd, are to observe, That the Head-posts of the Bedsted are to be no higher than just to support a Wainscot Head-board, the Testerlath supports the Rod as usual; in the Rail are to be nine Holes drilled in, but not quite thro'; the two at the Head, to take off and hang on, (at Pleasure,) two Upholders drove into the Wainscot or Wall; in the other seven, thro' Eye-let Holes, at proper Distances in the Tester-cloth, are to be seven Balls or carved Branches to keep the Tester-Cloth tight; to which the Head-cloth, and inside and outside Vallens are to be fixed: so that by taking the Lath of the Upholders, and taking out the Balls, they all come off together; and thus made, may be commodiously and immediately clear'd, clean'd, and put up again, to fasten on the Head-board: And keep your Head-cloth down tight in its Place and Form. You have Hooks and Eyes to take on and off at Pleasure.
PErsons wanting to be clear'd and kept free of those nauseous venomous Vermin, shall be attended by the Author on the following Terms,
viz.
To clear a Bed-sted with Moulding-Tester, Wood Head-Cloth, Headboard and its Furniture, 10
s.
6
d.
Bed-steds with single-rais'd Tester, Moulding, Head-Cloth, Board and Furniture, or Chair-beds and Furniture, 8
s.
each.
Bed-steds with ditto Tester, plain Head-cloth, cover'd Head-board and Furniture; and Field-beds and Furniture, at 7
s.
each.
Four-post Bed-steds, or Canopybeds, with plain Furniture, 6
s.
each.
Press-beds, Chest of Drawers Beds and Bed-steds, without Furniture, 5
s.
each.
Wainscot Walls, Hangings,
&c.
behind and near the Bed-sted are clear'd with the Beds at the above Prices: but if spread all over the Room and Furniture, then an additional Price is expected.
For Expedition and Safety, and to prevent Trouble to his Customers, or Impositions on them or himself, the Author takes his own Servants with him, to take down and put up such Parts of Beds, Wainscot, Hangings,
&c.
as he finds necessary; and always puts them up in full as good, if not better Order, than he finds them. Of his Servants he has good Security, and will be answerable to his Customers, for their Fidelity.
N.B.
If he any ways damages the Furniture, he will pay for the same.
Persons about taking Houses, Lodgings, or buying Furniture, paying for Surveying, shall be at tended, and at first View be justly and truly inform'd if the Premisses be Buggy, or free from Buggs, by
John Southall
, At the
Green-posts
in the
Greenwalk
near
Faulcon-stairs, Southwark
.
FINIS.
THE ANSWER OF THE COMMISSIONERS of the
Navie
, To a scandalous Pamphlet, published by Mr
Andrewes Burrell
.
Printed by
Will. Bentley
,
Anno Dom.
MDCXLVI.
To the Right Honourable the High Court of
PARLIAMENT
.
SOme dayes past, there came to the hands of us the Commissioners of the Navie, a Pamphlet, published in print by
Andrewes Burrell
, concerning the Navie, (a businesse then depending before the Honourable Committee of the Admiralty.) We much wondered at the boldnesse in the manner of subscribing, and at the Scandals, through the whole body of the Pamphlet; he daring to direct it unto your Honours; and therein scandalizing the Navie-royall of the kingdom, and all the Officers of the same; as Admirals, Vice-Admirals, and Rear-Admirals, Commissioners, Collectors, Trinityhouse, and others; yea, and beyond this, some of your Members, and in truth, the honour of both Houses of Parliament.
We are confident those aspersions and brain-sick Notions, so plainly discovering his discontentednesse, and self-ends, and so apparently tending to the destruction of the Royall Navie, will not get the least credit with your Honours: But, lest this Pamphlet should work such ill effect abroad, that after your Honours happy government, protection, and defence of this Kingdom, in these Civill Broils, by the Navie Royall, as with Walls and Bulworks, from all forraign Invasion; your Honours proceedings should upon this mans writings be calumniated, by the disaffected party here at home; and your Royall Navie, (formerly so formidable) become contemptible to forraign States and Princes: and we knowing that the great affairs of State will not afford time unto your Honours, to take a particular examination of this businesse, to the discovery of the folly, and desperate malice of this Gentl. and we being intrusted by your Honours in the government and care of the Navie Royall, have thought it not the least part of our duties, to make bold, by our Answer unto this Pamphlet, to present unto your Honours the true state of the Navie, to discover the destructive effects so much aimed at, and desired to the Navie in the Pamphlet, to stop the mouths of Enemies and ill-affected, to satisfie the wellaffected, and to vindicate the honour of the Parliament, whose provident and prudent care for preservation of the Navie, and guarding of the Seas, in these times of danger, we shall make appear to exceed all former Ages.
Master
Burrell
, in the beginning of his Preface, begin to tell a Story, That he was forced out of his Countrey, for his affection to the Parliament, and of his taking the Covenant, and of being pressed every Lords day to discover what he knew to be advantageous or hurtfull to the Parliament; when indeed and in truth, the one was, because he would contribute little or nothing to the Parliament, having lived here a long time obscurely; and the other, because for his private advantage and advance of his Fortunes, he would be an Officer of the Navie: But at last, being rowsed up (as he saith) by Church-men, he complained to the Right Honourable the Lord
Say
, the Navie was sluggish, and did sail so sluggishly, that it could not perform those Services which the Parliament expected; and to that purpose presented a paper to his Lordship, intituled,
Observations upon the Navie, by
Andrews Burrell: which paper he presented to the Earl of
Warwick
, and from his Lordship it was sent to be disputed before us the Commissioners of the Navie, with whom (saith he) it died.
Answer
. Now may it please the honourable Houses of Parliament, That it is true, we received an Order from the Right Honourable the Earl of
Warwick
, as also from the Honourable Committee of the Navie, to send for Master
Burrell
, to hear his opinion concerning the reducing of the Navie into a better posture, as he pretended, for sailing: We likewise sent for all the Master Shipwrights of
England
, Captain
Batten
being present with us. Being come together, we demanded of Master
Burrell
, in what manner he would do this great work: His Answer was, He would cut them down to one Tire of Ordnance, by which means they should sail a great deal better. We demanded of him, What he would do to adde quality to them; for in cutting them down, without doing something under water, would be to small purpose: His Answer was, That he would keep that private to himself. We desired him to give it in writing how he would perform this Service, if he did make a triall of one of the old Ships, in regard it would be a great charge to the State; which he promised to do, but never came near the Office more, nor ever heard we more of him, till now, that he hath set out this Scandalous Libell. And indeed what he propounded to us, which was to cut down the first, second, and third Rate-Ships, and to bring them to one Tire of Ordnance, is so ridiculous, and will so disable the Navie, that it will make them, in case of forraign invasion, incapable either to offend the Enemy, or defend themselves; all other Princes Ships of the first, second, and third Rate, having two or three Tire of Ordnance. Besides, as they are now built, having great Floors, and great Breadths, if they should be cut down, they would be so unruly Ships in the Sea, that in a Sea-gate they would roul so much, that no man would be able to ply the Ordnance, or stand upon the Deck. Besides, if they should meet with a Storm, be in danger to roul their Masts by the Board, as appeared by the
Rainbow
, and
Vantguard
, which were built in 86. little more or lesse: after this Modell proved so defective Ships in the Sea, that they were forced to bring on another Deck upon them: The
Victorie
, in 87, was cut down for a triall, at the instance of Sir
Iohn Hawkins
, from three Decks and an half, to one Tire of great Ordnance; which being done, the Queen commanded, in 88, that he should go Commander of her, because he was the Projector; but when he came up to the King of
Spains
Ships with two Tire and three Tire of Ordnance, they tore his Ship, and kill'd his men so fast, that he was not able to endure the
Spaniards
broad Sides, but was forced to leave them; So that when the Ship came home, the Queens Majestie understanding how much the Ship was disabled by cutting down her Decks, gave Order for her Decks to be built again; and ever after she carried two Tire of Ordnance fore and aft. And indeed the Ships of the Navie, of the first and second Rate, are the best built Ships in the World, both for defence and offence, carrying two Tire of Ordnance; and if not laden with Victuals, but kept light and clean, will saile as well as any Ships of their burthen and force that do belong to any Christian Prince, having been a terror to their Enemies; witnesse
Anno
88. for if there had not been such Ships at that time, but such reformed Ships as Master
Burrell
endevoureth to have, the
Spanish Armado
doubtlesse had overrun them, and with their strength of Ordnance, having two and three Tire, would have been too hot for their coming near them: yet such was the strength of our Ships, most of them having two Tire of Ordnance, and well mann'd, that (by the blessing of God) we gave them the overthrow: And ever since the Navie hath been preserved and built in a better posture then in those dayes, and more serviceable for the honour and preservation of the Kingdom. And because your Honours may be satisfied, how necessary great Ships are with two Tire of Ordnance, for the defence of this Kingdom, we shall onely instance in two Ships which are yet lively in our memory. In
Anno
1640.
Don Antonio de Kendo
came into the Downs, with a Fleet of Ships from
Spain
, and having rid there some time, the Admirall
Van Trump
, with six of the best Ships in
Holland
, attended the motion of
Don Antonio
his Ship; the rest of his Fleet, consisting of eighty Sail, attended the rest of the
Spanish
Fleet:
Don Antonio
when he had refreshed his men, and fitted himself, weighed Anchor out of the Downs; the Admirall of
Holland
did the like with six Ships; and coming without the
Goodwyn-Sands
, the Admirall of
Holland
came up with the Admirall of
Spain
, as far as his transome; but received such entertainment, that he durst never more come up with him, nor any of the Ships in his company, notwithstanding the Admirall of
Spain
stayed for them with his top-Sails down, and main yard a crosse; such great force had this great Ship with two Tire and an half Ordnance, that the
Hollanders
durst not deal with her. The Admirall of
Portugall
, being another great Ship of that Fleet with two Tire of Ordnance, fought with sixteen States Men of War almost a whole day, yet never could take her, and being offered any quarter that they would demand, scorned it: At last, when the
Hollanders
saw they could not take her, two of their Men of War desperately ran aboard of her, with two Fire-Ships, where they all burned together, untill they were consumed. And indeed, if they had not used that Stratagem, they had never destroyed her. By this, your Honours may perceive the great difference between Ships of two Tire of Ordnance, and one Tire, as Master
Burrell
would have them.
In the next place he makes a long Narration of the
Sally
-Fleet, where Captain
Rainsborow
was Commander, and saith, He findes in his Iournall these words, (
We did give them chase all day, and at night we lost them
:) which great deficiency (saith he) renders the Navie to be in a contemptible condition.
Ans
. Now let any Sea-man judge, whether Captain
Rainsborow's
Fleet could be in a fit condition, to chase light and clean Vessels that came out of
Sally
that night, when he had been two Moneths from
England
, and grown foule, and four Months Victuals in: Besides, those small Vessels which he chased, were (when he first saw them) two Leagues from him, which was a long chase to fetch up, and would hold a good Sailor chasing all day: Besides, if the Men of War had contemned them, (as Master
Burrell
saith,) why did they run from them, and would not fight? For by their running away, it is evident they were not contemned, but feared: And yet he confesseth, that Fleet performed better Service, then
Englands
Navie did in 44 years before.
In the next place, (because we will touch onely what concerns our selves) Master
Burrell
discovers where the fault hath been, That the Navie hath not been reformed, and how the Right Honourable the Earl of
Warwick
, hath been misled by the Officers of the Navie, and the Brethren of the Trinityhouse, who should have advised his Lordship to make choice of nimble Ships for Warlike Service: & and that if the Brethren of the Trinity-house were so knowing as they seem, and so well affected as they ought, they should have sent forth for their own Adventure, one Ship and one Pinace, that should have sailed as nimbly as the Queens Ship: Such an example (saith he) peradventure would have moved the dull Officers, to hearken to the reducing of part of the Navie into a serviceable posture for these times, and to make choice of better Ships, which they have hired at dearer Rates.
For
Answer
thereunto, We wonder much at the boldnesse of this sickbrained man, that he should question the judgement of that noble Earl to be misled by us, as if his Lordship were not a Sea-man himself, to discern what is fit to be done, for the making of fit and nimble Ships for Service, better then Master
Burrell
, who scarce ever saw salt water, and consequently never saw Service. And for the affection of the Trinity-house, we are confident, that divers of that Corporation, have set out many Ships and Pinaces, for the Publike, in these distracted times, to their great losse and hinderance, as some of the Members of the honourable House of Commons can witnesse: but never heard that Master
Burrell
, nor his Associates, set out any Ship or Pinace, in defence of the Parliament of
England
, since these Wars began. And for the reducing of the Navie into such a posture as Master
Burrell
would have it; we hope never to be guilty of so great a disservice to this Kingdom: And although Master
Burrell
saith, we have made bad choice of Ships, and at dear rates, to serve the State; we shall make it appear to the honourable Houses, that they have been the best Merchants Ships in this Kingdom, and taken up at no other rates, then hath been given long before we came in Office; in the most peaceable times.
In Folio 4, Master
Burrell
quarrels with the Trinity-house, and talks of Toles and fair Immunities coming in by the industrious Sea-men, and chalks them out their duty to take care for the common Sea-men, and not to suffer thousands of them in discontent to run out of the Kingdom.
Ans
. As for the Toles and Immunities, which the Trinity-house receive, they receive it with one hand, and pay it with the other, to the widdow and fatherlesse of that Corporation, and to such as have received wounds and hurts, in the Parliaments and Merchants Service; for which they have two pence a voyage out of every common Sea-man, and no more if the voyage be three years long; yet the malice of Master
Burrell
would make the world beleeve, the Trinity-house receives much, when indeed their whole comings in (since these distracted times) doth not releeve half the poor belonging to that Corporation. And for the common Sea-men, they need not be discontended, having had an Augmentation of four shillings in a Moneth more then ever any King or Queen in
England
gave them, besides other Immunities granted them by the Parliament: Neither do we beleeve that any are gone over, except such as are Malignants and Enemies to the State, which are better out of the Kingdom, then in it.
In the next place, he roves by way of Multiplication, in which, it seems, he is not skilfull, for instead of 500, he saith, the Officers of the Navie sent out their Prest-masters into
Suffolk
and
Essex
, to presse 900 Sea-men, and out of the River of
Thames
, 200 Water-men; but at the day of their appearing, of all that number, there appeared at
Chatham
but 224, whereof 124 were Water-men: and then makes his Inference, as if there were a scarcity and unwillingnesse in Sea-men, and Water-men, to the Service of the Parliament.
To which we
Answer
, That we did send out Prest-masters to the foresaid places for 500 men, and not for 900, (as Master
Burrell
falsely saith) to the end we might not make a scarcity of men in this City for the Merchant-Ships, in regard we were to set out a Fleet of 6000 men, whereas in time past our predecessors for such Fleets, never prest lesse then 2000 men in the Countrey: yet such was the willingnesse of the Sea-men and Water-men, to serve the Parliament, that the Ships are all mann'd long since, and at Sea; and we writ our Letters down to the Prest-masters to stay their hand; and of those that were pressed, came to
Chatham
(as appears under the Clerk of the Checks hand) 358 men, besides Water-men. By this the honourable Houses of Parliament may perceive the malice of this Gentleman, who not onely strives to blast your faithfull Servants, but as much as in him lies, seeks to bring the honourable Houses in a dislike with the common Sea-men, that so some rigid courses may be taken against those that hitherto have done them faithfull Service.
In the next place, he falls foul of the Ship that carried over the Queens Majestie, and inserts some words in Captain
Battens
Letter to the Parliament in these words; If my life and all the Kingdom had lain at Stake, I could not prevent her going over, for (saith he) the Ship that carried her, sailes two foot for my one. Then he makes his inference, and would have Captain
Batten
speak in his own language, as if he would have said (saith he) that other Nations can make nimble Ships, but
England
is grown dull, and must be contented with sluggish and unserviceable Ships. Then he further addes, that if the Parliament had spent every year of million of Pounds, they that have wasted one million in three years, would not of themselves have endeavoured to build or purchase one Ship or Pinace so nimble as the Queens Ship.
Ans.
By this your Honours may perceive, he still hammers upon one Anvill, that is, as much as in him lies, to disparage the Navie-Royall, and to infuse into Strangers minds how unserviceable they are, that so he might blast the honour and reputation of the whole Navie, which hath been and is both famous and terrible to all Nations; and onely for this cause, that so great a Ship as the Saint
Andrew
, being foul at that time, could not fetch up a clean tallowed Frigate, new come out of Port, having the advantage of the wind, and being a speciall Sailor, and fitted for that purpose, to carry away the Queen. And for the spending of so much money, we know it is far short of that Sum; yet thus much we dare aver, that if these times be compared with precedent times, when such Fleets have been set forth, the honourable Houses will find by the Accompts, that never more frugality was used, then since the Parliament had the Navie in their hands.
In the next place he saith, he was unexpectedly nominated a Commissioner for the Sale of Prizes and Prize-goods, and saith, he would have attended the Service faithfully; but at his entrance into that trust, he was unfitly opposed in the Sale of a nimble Pinace, which by a strong hand was estranged from the Parliament, without Candle-light: and being so opposed, he was much discouraged, because he knew himself best able to serve the Parliament; and thereupon desisted, and came no more amongst them.
Answer
. That it is true, he was nominated a Commissioner for Prizes, and Prize-goods, but not unexpectedly, for he expected 300. l.
per annum
, but after he had sat two or three dayes with us, and heard that we were to receive nothing but our labour for our pains: truly he then very unfitly left us, and never sat more amongst us. And for being opposed in the sale of a nimble Pinace, which by a strong hand was estranged from the Parliament; we wonder that all this time he hath not discovered it; that so those persons may be punished according to their demerits: and therefore we humbly desire the honourable houses of Parliament, to cause this businesse to be examined; and that Master
Burrell
do discover what Pinace that was, and who it was that estranged her from the Parliament.
In the next place, Master
Burrell
saith, That before and since that time some nimble Ships and many Pinaces have been taken, but most of them by disasters; and if those Ships and Pinaces had been contrived into Men of War, and set out in the room of those sluggish Ships which he complains of, the Parliament would have been much better served, with the saving half of that vast charge which hath been spent at Sea; yet saith he, it is certain the best of those Ships and Pinaces, have been estranged from the Parliament, which makes the abuse the greater, and therefore makes a quere to examine what price was paid the Parliament for
Plunkets
Ship.
Ans.
It seems now Master
Burrell
will confesse that some nimble Ships and Pinaces have been taken by the Parliament Ships, but yet to eclipse the taking of them, he saith, Most of them were taken by disasters, which we confesse to be true; for it was a disaster befell them that were taken. And as for those ships that were taken, they that were good Sailors, and fit to be made men of Warre were fitted and equipped, and are now in the service of the Parliament to the number of seven good Ships, and sixteen Frigates, and not estranged from the Parliament, as Master
Burrell
sets forth, and doubtlesse will save charges, in regard the Parliament payes not fraight, though not half the charge, as Master
Burrell
saith: And as for Captain
Plunkets
Ship, if Master
Burrell
had inquired of Master
Morris Thomson
, amongst other things he would have told him that she was stranded about
Arundell
by five States-men of warre, and seized on by Sir
William Wallers
army, and condemned in the Admiraltie as Prize to Master
Thompson
and others for losses received by the Dunkirkers, so that as we conceive nothing was due to the Parliament; yet we humbly desire the honourable Houses, to examine Master
Burrell
, because he saith, It is certain that the best of those Ships and Pinaces were estranged, that he may declare in whose hands those Ships and Pinaces are, that so the Parliament may be righted, and the offenders receive condigne punishment.
In the next place in his old ridiculous strain, he falls a praising of
Plunkets
Ship for sailing, although he never saw her sail, and dispraising of the great new Frigate before he knows what she wil be, as he doth all the rest of the Navie: Then he falls to telling of a story, and saith, he believes that all the Ships in the Navie in three years have not taken so many Prizes, as
Plunkets
Ship hath taken in these two years, and that some of those Prizes were very rich, but by estranging that Ship of
Plunkets
, the Parliament hath lost all those Prizes.
Ans.
Your Honours may perceive what Master
Burrells
intentions are by his language; that is, still to dishonour the Royall Navie, calling them sluggish, and praising of
Plunkets
Frigate for a nimble Saylor, when there is twentie sail of Frigates and Ships now in the Parliament service, that sail as well, and many of them better. And whereas he falsely saith, that
Plunkets
Ship hath taken more Prizes in two years, then the Parliament Ships have taken in three; we shall referre your Honours to the Collectours for Prizes, and Prize-goods; and they will tell your Honours that the Parliament Ships haven taken a hundred and ten Merchant Ships, and thirty nine Men of War have been taken and sunk, which had his Majesties Commission; besides many Spaniards, French, and Dutch, that have been delivered back at the earnest request of the Ambassadours. And we never heard of more then six Ships taken by Captain
Plunckets
Frigate, and most of them being Merchant Ships.
In the next place, he begins a large discourse, that in November last, he understood that there was three Frigates to be built for the State, and that he was designed to build one; and was shewed a paper from a principall Ship-wright, which he had received from the Officers of the Navie, directing him how he should build one of the Frigats, that when she was built, she would never do any good service: but saith Mr
Burrell
, that which troubled the Ship-wright most, was the price; for (saith he) if they give a slight price, they must expect slight Frigates. Then (saith Master
Burrell
) I took the paper into consideration, and I acquainted the Ship-wright with my dislike of it, and told him I would move the Lords of the Admiraltie so to order the businesse, that those Ship-wrights that did build them, should build without direction from the Officers of the Navy: and that they should have an indifferent price for them, which was that which Mr
Burrell
aimed at, because he would build one: Then he sets forth the manner and form of his Petition to the Lords of Admiralty in two sides of paper, and tells their Lordships of ten Whelps built by the direction of Sir
Iohn Pennington
; and rakes up the ashes of his dead body, and saith, the builders were so misled by him, that all those vessels proved sluggish. Then he layes down positive rules and directions, how the Frigates should be built, as punctually, as
Archimedes
the Mathematician, but still hath a care of his interest, and desires that the Builders might not be disheartned in the price of them. Then he propounds 300l. to be deposited, that is to say, to each builder an 100l. and the Frigates to sail into Downs, and from thence to the Isle of Wight, and then round about the Island, and so to
Portsmouth
; and that Frigate that cometh in there first, to be reputed the best Frigate for service, and that the Ship-wright that built her, should have the 300l. for his service. Then (saith he) before I offered these pro positions to their Lordships: I conferred with Master
Pet
, and Master
Castle
, whether they were willing to build two of the Frigates, upon the forementioned tearms, or not, and if they would build each of them one, he would build the third: So when I found (saith he) Master
Pet
and Master
Castle
to like my propositions, I presented them to the Honourable Earle of
Warwick
, and Lord
Say
, and proved before their Lordships, that if the Frigates were built, according to the directions of the Officers of the Navie, the Frigates would prove unserviceable to the State: But (saith Master
Burrell
) this took no effect. Soon after came forth other directions worse then the first, That one of the intended Frigates should be built 70 Tons bigger then the other two, whereas by my propositions they should be all of equall burden: And secondly, Master
Pet
Iunior, should build the bigger, and Master
Pet
senior the two lesser Frigates, by which subtile plot (saith he) all emulation was laid aside.
For answer to the needfull, of what Master
Burrell
hath falsely suggested: In the first place, your Honours may perceive what Master
Burrell
drives at: the first is a good price, not for the good of the Kingdome, but for his own ends: because (saith he) I was designed by their Lordships to build one. In the next place, he would brand the Commissioners of the Navie, in giving directions for the building of unserviceable Frigates, when indeed they gave no directions for them, but gave the Master Ship-wright order, to draw out their own dimensions, which accordingly they did, which we have ready to produce under their hands: And if the ten Whelps built many years since proved deficient, it doth not follow these Frigates now a building, should prove no better Saylors. But Master
Burrell
in that strikes at the Commissioners of the Navie, wounding us through Sir
Iohn Penningtons
sides, as if these Frigates would be unserviceable, because he falsely suggests, we gave directions therein: And for his propositions to try their Sailing round about the Ile of
Wight
to
Portsmouth
is so ridiculous, that we need not trouble our selves about it, for all Sea-men know that there can be no triall of Ships in that place, the tydes running counter, and one Ship may be in the tyde, and the other out, which may make great difference, and indeed lies more in the skill of the Pilot then in the Ship, in observing the setting of the tides, and consequently to take the advantage of it; by which your Honours may perceive how Master
Burrell
will undertake to tell your Honours, that which he understands not. And for his proposition to the Lords to build those Frigates by the great, their Honours utterly refused it, knowing it a dishonour to the Parliament to build Ships out of his Majesties yard, having the best Ship-wrights in the Kingdome to perform that service; and one, who had given such testimony of his Art and skill in building of a Frigate, for the right Honourable the Earle of
Warwick
, that a better Saylor is not in
England
, nor
Dunkirk
: but the Lords told Master
Burrell
, if he would build one to trie his skill, he should have his Majesties yard at
Portsmouth
, to build in, with timber, plancks and materialls needfull; which Master
Burrell
refused to do, and saith, it was a dishonour cast upon him, and for no other cause, but that he could not build one by the great, that so he might get two or three hundred pound by the Parliament: And if the other Shipwrights are discontended (as Master
Burrell
saith) because they did not build them by the great (as we believe they are not) yet we marvell that Master
Burrell
should suggest, that Mr
Pet
the builder, acts against his affection, or desires, being the King and Parliaments servant; unlesse he would bring the Parliament in dislike with the Ship-wrights, and so to bring them under a Cloud, as he hath endeavoured to eclipse the Trinity-house. And as for the subtile plot (as Master
Burrell
calls it) in causing Master
Pet
junior, to build the great Frigate and Master
Pet
senior to build the two lesser; it is false and untrue, for Master
Pet
junior, builds one of the small ones, and Master
Pet
senior, builds the other small one; and this we did to the end they might use the utmost of their skill to try who could build the best Saylor. And because we had experience of the good performance of Master
Pet
senior, in building the
Constant Warwick
, he was appointed to build the great Frigate likewise: By all which your Honours may perceive, how he hath falsly traduced the Commissioners of the Navie, the Masters, Wardens, and Assistants of the Trinitie-house; the principall men of the Corporation of the Ship-wrights; and all he drives at, is by his unjust aspersions to bring the Parliament and them at ods, that so he might accomplish his own ends. And thus we hope, we have given your Honours satisfaction in the building of the Frigates.
In the next place, being the moneth of May, he still sings his old tune, in dispraising
Englands
Navie, which
Master
Burrell would have as weak as his brain; and tells strange Stories of the mungrell
Dunkirk
, the contemptible
Irish
, and the insulting
Dutch
, that they will not honour the Parliaments Ships nor acknowledge them Master of the Seas: And then by way of Inference, brings in his Maiesties horses as fat as himself; how they were tired being led down to
Barwick
with empty saddles, and then compares the dead with the living, in these words; And these Royall horses were clogged with too much flesh, even so the Royall Navie is clogged with too many men; too much victuals, too many pieces of Ordnance, to much timber, and too much plank; and then ads further to make the Royall Navy more contemptible, he saith, the Ship-wrights were commanded to make the Ships now in the Navy, Ships for show, as well as for service, and to carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings. The example (saith Master
Burrell
) is lively in the
Royall-Soveraign
, an admirable Ship for costly Buildings, and cost in keeping; and which ads to the miracle, the Royall Ship (saith he) is never to be used for the Kingdoms good; And that the Navy for swift sailing in Queen
Elisabeths
dayes, was famous, and farre exceeding these times.
To which we answer: As for the honour of the Narrow-Seas, it hath been kept in as much honour and reputation as ever; witnesse the right Honourable the Earle of
Warwick
, who hath commanded all Ships, where ever his Honour came, to render due obedience: and Captain
Owen
in the
Guardland
, commanding a Squadron of foure or five Ships under the right Honourable Earle of
Warwick
, was sent out by his Lordship to seek out the Kings Men of Warre, and all other that transported Armes or Ammunition, to his Majesties Quarters, and being in the Channell, came in amongst sixtie sail of
Hollanders
, whereof five or six Men of Warre; and did not onely make them all strike, but sent Captain
Gilson
in the
Warwick
Frigate, who took out of the midst of the Fleet the
Tiger
of
Roterdam
, and brought her away in despight of all those Men of Warre, and sent her to
London
: The next was Captain
Batten
, who being alone in the
ConstantReformation
off of
Beachy
, met with the
Vice-Admirall
of
Holland
, and foure great Ships more; and although they suffered him to shoot divers shot at them, before they would strike, yet when they saw his resolution, they lowered their top-sails, and did homage. Captain
Ellis
in the
Providence
, and Captain
Thomas
in the
Warwick
Frigate, commanded
White
the
ViceAdmirall
, and three more, to strike in
Torbay
, which they did accordingly, though with some shot before they did their duty. And for the Royall horses being tired in being led down to
Barwick
, it is not so with the Royall Ships, for they are never weary with sailing: And for too many Men, Ordnance and victuals, we know other Princes Ships that carry more, and yet not of their burthen: And as for Timber and Plank, we shall refer that to the judgement of the best Sea-men, and Ship-wrights in the Kingdome. But we wonder much at the impudence of this Gent. who dare say, the Royall Ships of the Navie were built for show, and carry many pieces of Ordnance never to be used, but at Feasts, Salutations, and Landings; when there is not one piece of Ordnance in any Ship of the Navie, but is both usefull and serviceable for a defensive and offensive Warre: And to bring the Navie into a more contemptible condition, he makes the
Royall-Soveraign
, (the best Man of Warre in Christendome) to be incapable of doing service for the Kingdomes good. When Captain
Rainsborow
, whom Master
Burrell
confesseth in his time, was the most eminent Commander in this Kingdom, had the triall of her in the channell of
England
, and at his return reported to his Majestie, that he never set his foot in a better conditioned Ship in all his life. And as for her Force, she is not inferiour to the greatest Ship in Christendome. And for the Ships in Queen
Elisabeths
dayes, so famous for Sailing; this Kingdom was never better furnished with good Saylors and Ships for defence, then at this present, farre exceeding those times. By these and the precedent Articles, your Honours may perceive how under a specious show of a well-affected men to the State, he covertly by his Calumnies, seeks to bring the Navie into a contemptible Condition; not onely in the opinion of this Nation, but also of Strangers; that so they may be incouraged to attempt that, which they never hitherto durst put into practice.
In the next place, Master
Burrell
propounds how the Royall Navie with a little charge, may be reduced into a serviceable posture, and into such a Warlike posture, as will inable the Parliament to recover and maintain the Soveraigntie of the Seas, as in the Raign of Queen
Elisabeth
of happy memory.
Answer
. It is strange that Master
Burrell
should know more, then all the Ship-wrights in the Kingdom, being a man that many years hath had no practice, and consequently lesse experience. And as for the little charge in reducing the Navie, the cost that will be spent in cutting down one of the first and second Rate-Ships, and finishing them, will build the hull of a ship of the fourth Rate, that shall carry thirty pieces of Ordnance, that will do more service then they will do, when they are cut down to one Tire of Ordnance; for the reasons given in our first Article. And as for the Soveraignty of the Seas, it is true, that since these distracted times, the
Hollanders
have been very insolent in wearing their Flags, as they have formerly done: But such hath been the valour and courage of our Commanders, that as often as they have been met withall, they have been compelled to do their dutie.
In folio 9. Master
Burrell
saith, that when the Royall Navie shall be reduced into a serviceable posture, the Parliament may save a fourth part of that vast charge, which hath been spent at Sea, since these distracted times.
To which we answer, We do not know what Master
Burrell
calls reducing the Navie, but we conceive it is rather a destruction of the Navie, to cut down the first, second and third Rate-Ships, which are walls of Brasse to defend this Kingdom: And as for saving a fourth part of the charge, that hath been spent at Sea since these distracted times, we are yet to learn; although we have constantly followed Marine affairs these thirty years, and upwards, how ever we desire that Master
Burrell
will give reasons how the fourth part of the charge may be saved, and such Fleets maintained at Sea, as have been set forth these foure yeares past, without dimunition of the strength and glory of the Navie.
We come now to Master
Burrells
last quere, where he desires the Honourable House of Commons to examine what the Kings party would have attempted, that they have not freely effected; have they not (saith he) been supplied from beyond Seas with Ordnance, Armes, and Ammunition, and imported and exported eminent Traytours? and have not both
Irish
, and
Turks
, landed in this Kingdom, and carried away Men, Women and Children?
Answer
. Although it be true that this quere belongs not wholly to us to answer, our Office being no other then to act by the Parliament, and Committee of Lords and Commons of the Admiralties Order to equip, victuall and Manne the Ships, destinated for the Guard of the Sea; as also to inform their Lordships of the repair of Ships, Docks and Houses in his Majesties severall yards,
&c.
We thought it our duty to give an answer in the just vindication of those Noble Lords and Commons of the Committee of the Admiraltie, who sit at the Helm; that there hath been as much care taken to prevent the landing of
Irish
, the transportation and importing of Traytors, The bringing in of Ammunition, as the wit of man coud invent; and truly if
Dunkirk
being a small Town, in one year took from the
Hollanders
, notwithstanding the great Fleets they yearly set out, 80 Sail of Ships: how much more might the Kings men of Warre, being assisted by the
French, Hollanders
, and
Dunkirkers
, who seemed to be the Parliaments friends, carry in Armes, Traitors and Ammunition, into the Kings Quarters? yet they paid dear for it; For although some escaped yet many were taken, witnesse a States Man of Warre, going into
Scarborough
with Powder and Armes; The King of
Denmarks
Ship bound in for
Newcastle
, laden with Armes, and divers
French
men, and
Hollanders
bound into
Bristoll, Falmouth, Dartmouth, Scarborough
, and
Newcastle
, with Armes and other provisions, which the Collectors for Prize-goods can certifie, one and other, to the number of 110. Sail, beside many Ships with his Majesties Commission. And as for the Turks landing in
Cornwall
, they landed in his Majesties Quarters and not in the Parliaments, and if Posts and Intelligence might have gone along the Coast, they might have been prevented, the Parliament Ships being at the seige of
Plymouth
, in defending that Town, but never heard of it untill too late, and that from his Majesties Quarters. And thus we hope, we have answered Master
Burrells
false aspersions and calumnies, cast upon the Right Honourable the Lords and Commons of the Admiralty, the Commissioners of the Navie; the Master, Wardens, and Assistants of the Trinity-house, with the principall membes of the corporation of Ship-wrights, and all for his own ends, to get into imployment.
The
Answer
of the
Commissioners
of the
Navie
, to the Generall Charge, intituled
Englands Outgaurd
, or
Englands Royall Navie
, surveyed and lamented by
Andrewes Burrell
Gentleman, sometimes servant in the Navie.
IN the first place, Master
Burrell
saith, that there is not one Ship in the Navie that hath taken any one of the Kings Men of War, since these Warres began; and that the greatest Commanders which the Parliament hath sent forth; as Admiralls, Vice-Admiralls, and Rear-Admiralls, are so farre from subduing any of the Kings Men of Warre, that there is not any one of them that have shot one shot in anger, since these distracted Wars began, though many hundred thousands of pounds have been spent in guarding the Seas.
Ans.
That is false, and scandalous against that noble Lord, and worthy Gentlemen that have commanded the Parliament Ships; for we shall make it appear, that since these Wars began, the Parliament have taken and sunk 39 Ships and Pinaces, Men of War, who had his Majesties Commissions: the names of the Ships, with their Captains that took them, for better satisfaction, we have here under inserted.
Viz.
Captain Batten, in the Saint George, took the Bonaventure, Admirall of Ireland; the Swallow, Vice-Admirall; and the Robert-Frigate: Captain Swanley, in the Leopard, took the Globe, Admirall of Bristoll; the Providence, Vice-Admirall; Discovery, Rear-Admirall; and the
Henrietta Pinnace Regis
: Captain Smith, in the Swallow, took the Fellowship, and Hart-Frigate: Captain Pecket, in the May-flower, took the Providence
Regis
: Captain Thomas, in the eighth Whelp, took the May-flower, Admirall of Falmouth, and chased on shore her ViceAdmirall and Rear-Admirall at Brest; also he sunk a Frigate of Sir Nicholas Crispes: Captain Thomas, Captain Ellison, and Captain Whitty, being all in company, took one Man of War: Captain Ellison in the Providence, sunk a Man of War of Foy, and also the Fortune of Dunkirk: Captain Stansby, the Providence, and Captain Rew, in the Robert, took Brown Bushell's Frigate, called the Cavendish: Captain Pet, in the Mari-rose, took the Roebuck-Frigate of Dunkirk: Captain Coppin, in the Grey-hound, took the Constant, Captain Skinner Commander of her: Captain Clark, in the Josline, took the Swan-Frigate, &c. Captain Haddock, in the John, took a States Man of War laden with powper
Regis
: going to Scarborough; and also the Salvator: Captain Beddall, in the Hector, took the Black-horse, and Captain Denton's Ship, and two Men of War of Scarborough; and likewise an Ostend Man of War, bound for Scarborough: Captain Gattensby, in the Prosperous, took a Danish Man of War laden with Arms: Captain Stansby, in the Providence, took the Jennet, a Dunkirk Man of War: Captain Gilson, in the Constant Warwick, took the Royalist: Captain Cox, in the Royalist, took a Dogger-Boat of four Guns: Captain Pilgrim, in the Sampson, took a Dogger-Boat: The Irish Squadron, took the Welcome-Pink, Encrease; Tryall-Pink, Charles Trough, Peter-Frigate, and the William and John: Captain Wodward, in the Roebuck, took a Dunkirk-Frigate of Falmouth; which Frigate is now in the Service, as most of the rest are.
Besides at least 110 Merchant-Ships, trading in and out of those Ports in defection to the Parliament, with Ammunition, Money, and Goods, that have been taken and made Prize by the Parliament-Ships, to a large Sum; and many that have been recovered to well-affected persons; and divers that on the earnest request of the Spanish, French, and Dutch Embassadours, that have been delivered back unto them.
By which it does appear that some shot have been made in anger, and not onely at Sea, but it is well known to the Parliament, that the Navie hath not had the least share in preserving of Plymouth, the Isle of Wight, Hampton, Portsmouth, Weymouth, Lyme, Hull, Wales and Ireland and divers other places which otherwise had been in the hands of the Kings Forces at this time: Neither must we omit the great service done in the Downs, in
Anno
1642, where, by the wisdom and valour of the Right Honourable Robert Earl of Warwick, Admirall in the James, Captain William Batten, Vice-Admirall in the Saint-George, and a mixture of Sea-men, Commanders of the best of his Majesties Ships, then in the Downs; At which time there was a Message sent from his Majesty, by the hands of Sir John Pennington and Master Villiers, directed to the Earl of Warwick, therein requiring the delivery up of the Fleet into the hands of Sir John Pennington, appointed by his Majesty to be Admirall: This Message being spred amongst the Commanders and Sea-men in the Fleet, it invited the greater part of the Gentlemen, who commanded divers of those Ships, then present, to submit unto his Majesties Message, and to stand upon their guard, refusing all commands, the Earl of Warwick laid upon them in obedience to the Parliament. The names of the Captains and Ships on either side, are hereafter expressed.
Commanders that submitted to His
Majesties
Message.
Sir John Mince, Rear-Admirall in the Victory.
Captain Fog, in the Reformation.
Captain Slingsby, in the Guard-land.
Captain Burley, in the Anthelope.
Captain Wake, in the Expedition.
Captain Fox, in the Lyon.
Captain Hill, in the tenth Whelp.
Commanders who continued in obedience to
King
and
Parliament
.
The Right Honourable Robert Earl of Warwick, Admirall in the James.
Captain Batten, Vice-Admirall in the Saint George.
Captain Thomas Trenchfield, in the Vnicorn.
Captain George Hatch, in the Mary.
Captain Richard Swanley, --- Charles.
Captain Brian Harrison, --- Vauntguard.
Captain Richard Owen, --- Entrance.
Captain Henry Bethell, --- Mari-rose.
Captain Martin, --- Martin.
Captain Thomas Ashley, --- Sampson.
But it pleased God, that by the integrity of the Sea-men (who faithfully stood to that Noble Lord,) the Commanders of such Ships that revolted from the Parliament, were quickly suppressed and reduced to his Lordships obedience, who placed other Captains in their room: which was a very great Service; and indeed (under God) the protection of the Parliament and Kingdom: for had his Majesty been possessed of that Fleet, he would thereby have been Master of the Seas, and blockt up the City of London in their Relief and Trade: By which all men may see, that the many hundred thousands of pounds, which (Master
Burrell
saith) hath been spent, is not wasted in vain, as he maliciously suggesteth.
In the second place, Master
Burrell
saith; The Officers of the Navie have been advised how they make part of the Navie able to subdue the Kings Men of War, with the saving of one 4th part of that vast charge which hath been spent at Sea: but in opposition to any good advice, they will not be moved to reduce one of the old Ships for a triall; and though the Kingdom perish, they will persist in deluding the State, commending and supporting the Title of a Royall Navie, when in truth it is unserviceable, I beleeve I may safely say, contemptible, in the esteem of Strangers.
Ans
. We cannot but wonder at the imbecillity of this man, who contrary to the opinion of the ablest Sea-men and Ship-wrights of this Kingdom, would cut down the best Ships in the Navie, and make them nimble Frigates; as if the three Frigates now building, and near twenty more now in the Service, were not (by Gods assistance) able to subdue half a dozen which are left untaken of his Majesties Men of War, and the most of them of so small a force, that they are not considerable, if any of the Parliaments Frigates meet with them. And for saving of one 4th part of the charge, we beleeve, if he bring the Navie into such a posture as he pretends, from Ships to Frigates, he may very well save one 4th part of the charge, both in men, Victuals, and Ordnance: But we desire to know of this Dull Carpenter, how he will do this without disabling the Navie: And for supporting the Title of a Royall Navie, we dare presume to aver and maintain, and that in despite of Malignants, and all Enemies to the King and Parliament, That no Prince in Christendom hath so many brave Ships for a defensive and offensive War, as the Kingdom of England hath at this present; having of the first rank 4 Ships, that carry from 50 to 80 peeces of Ordnance, 12 Ships of the second rank that carry from 44 to 50 peeces of Ordnance, 9 Ships of the third rank that carry from 36 to 44 peeces of Ordnance, and of the fourth rate, 3 Ships which carry from 24 to 32, 2 Ships of the fifth rate carrying from 16 to 20 peeces of Ordnance, besides 20 Ships and Frigats which the Parliament hath bought and taken. And if these Ships appear contemptible in the eyes of Strangers, we shall refer it to the judgement of any moderate man: As also whether it be fit, that Master
Burrell
should publish to all Strangers, That the Navie of this Kingdom is in an unserviceable condition; when it doth appear to all men, that it was never better managed, nor in a better posture, then now it is.
In the next place, Master
Burrell
saith; The Officers of the Navie do know that the Navie hath not performed any good Service for the Kingdom, since these distracted Wars began; yet such is their plotting, that they will continue it in an unserviceable condition.
Ans
. The Officers of the Navie do know, that the Navie hath performed many good Services for the Kingdom, as it is set forth in our Answer to the first Article: And our plotting hath never been otherwise, then for upholding and maintaining the honour of the Navie.
In the fourth place, Master
Burrell
saith; That the Officers of the Navie being thus resolved to accomplish their own ends, they suffer the Royall Navie to lie rotting at
Chatham
and
Portsmouth
, at a dear rate, a rate that exceeds all former Presidents; and that they hire the worst of Merchant-Ships and Colliers, to serve in their room: and that he is bold to say, they are more sluggish then any Ships in the Navie; and some of those Ships are belonging to the Officers of the Navie, and some to Parliamentmen.
Ans.
To which we Answer, That it is false; for the Ships of the Navie were never better repaired, upheld and maintained, then since they were in the hands of the Parliament, as by our particular Answer hereafter shall appear: And as for their lying in Harbour, and MerchantShips take up to serve in their room, it will appear that there hath been yearly employed at Sea, as many of the Ships of the Navie, as was held in the wisedom of the Parliament fit, for the number of men assigned for the yearly guard of the three Kingdoms: which men, had they been employed in the Ships of the Navie, most of them being great Ships, would have contracted a vast charge, and not have spread sufficiently to guard the three Kingdoms: For example; There hath been employed yearly from 60 to 70 Sails;
viz.
upon the Coast of Ireland and Lancashire, 25 Ships; for the guard of Severn and Wales, 5; for the guard of the Channell of England, 15 Ships; for the guard of Guernsey, and those Islands, 3; for the Downs to attend Convoys, 8; and for the guarding of the North Coast, and Kingdom of Scotland, 12 Ships. By which it will appear, there is a necessity of hiring Merchant-Ships, in regard the Navie consisted but of 32 Ships when we came in Office; and the hiring of Merchant-Ships is no other then what hath been usuall in all times of War, time out of mind: And if the whole Navie should be yearly employed; besides the vast charge it would contract, it would be too great an adventure for the Kingdom to undergo: for if the Fleet should by casualty of Weather, or by accident of War, miscarry, there would be no reserve left to make another Fleet, and so the whole Kingdom exposed to danger; whereas if six or eight of the greatest Ships be left in Harbour, with the assistance of thirty or fourty of the Merchant-Ships, (which may be alwayes had in the River of Thames,) they will make a sufficient Fleet to encounter any Force that shall come against them: Be sides, the Merchant-Ships do cost the Kingdom nothing near the charge that the great Ships of the Navie stand in; and yet they run the adventure of their Ships, Ordnance, and Ammunition: If in case the great Ships of the Navie be employed in the room of Merchants, the State bears the adventure, which in case of losse of a second RateShip, will amount to 25000 pounds. We say not this to discourage the Parliament from building of more nimble Frigates, which may lessen the hiring of MerchantShips, if there should be the like occasion; but to let your Honours know; there hath been nothing lost in taking up Merchant-Ships in the room of the great Ships of the Navie. And further, if all the Navie should be constantly employed at Sea, they would be so out of repair in two or three years, that the Sea would be left unguarded by them, and so be forced to hire all Merchant-Ships. And as for such Ships Master
Burrell
saith belong to Parliament-men, and the Officers of the Navie; we refer you to our Answer to Master
Burrells
particulars.
In his fifth Article, Master
Burrell
affirmeth, That those Captains that have been most valiant, have been discouraged; and those that have deserved punishment, preferred to places of trust; and in particular, Captain Man, with others.
Ans
. In Answer to this charge; because we will not reiterate things twice, as in some things we are forced to do, in regard of Master
Burrells
wandering progresse; we shall herein refer our selves to his particular charge, wherein we doubt not but to give your Honours satisfaction.
In the next place, he makes a long discourse of Services done by Captain Man and Captain Gilson, in two nimble Frigates, against Mucknell in a great Ship; and makes his inference, That if two nimble Frigates can destroy so great a Ship as Mucknells, with 42 peeces of Ordnance, there is no Ship in the World able to encounter a Ship of the second rank, being fortified with 20 Demi-canon, every shot weighing 32 pounds.
Ans.
For Answer thereunto: It is false that those 2 Frigates, although accompanied with another good Ship of 20 peeces of Ordnance, all three having 62 Guns, and manned with 280 men, yet did destroy Mucknells Ship, she not being of the force of a third rate Ship in the Navie; But rather foiled them all, and forced them to leave her; by which means, the next day, she went for Silly, where in going in (for want of a good Pilot) she was cast away: Whereby it doth appear, that Master Burrells Observation is grounded upon a false Principle; For if a Merchant-Ship was able to defend her self from three Frigates, armed with whole Culverin and Demi-culverin, and not with small Ordnance, (as Master Burrell saith,) much more might she have done against one Ship with one Tire of Ordnance: But on the contrary, had one of his Majesties Ships of the second or third rank, come up with Mucknell, fortified, as now they are, with two Tire of Ordnance; doubtlesse Mucknell must have submitted: And we do beleeve, That if any such Ship had been in view of Mucknell, she would have sailed as well as Mucknell's Ship, and not been liable to that foule aspersion of being sluggish, wherewith Master Burrell brands them.
In the next place, Master
Burrell
saith, There is a want in the Fleet, of Pistols, Pole-axes, Swords, and Fire-works.
Ans.
To which we Answer; It is not the duty of our Places to furnish any Ammunition, but belongeth to the Officers of the Ordnance: yet we do verily beleeve, that for all such Arms as are usefull for service, are by them supplied; the rather for that we have heard no complaint from any Commander employed in any of the Kings Ships: but as for such Merchant-Ships as are taken up by us, they are furnished with Pistols, Swords, Pikes, and all other Arms for War, fitting for defence and offence.
In his eighth Article, Master
Burrell
reciteth the new Frigates, and would lay an aspersion on the Officers of the Navie, That they should give to the Master Ship-wrights Directions in the building of them; and that when they were built, they would not be so serviceable as they should be, the work being destroyed before it be begun.
Ans.
What Master
Burrell
sets down in this Article, is false and untrue, we having already set forth, by whose Directions these Frigates were built: and if they prove unserviceable, (as we beleeve the contrary,) yet they cannot be so bad as the Mari-rose, built by Master
Burrell
, being the most sluggish Ship in the Navie; which we have lately had in the Dock, and caused to be lengthened Aft, with other works done unto her, endevouring to make her a serviceable Ship. And as for the work being destroyed before it be begun, that seems to us a Paradox, and carrieth no more truth with it then what else he hath set forth.
In his ninth Article, Master
Burrell
begins to tell his old Story with a piece of Non-sence, in these words: Vnlesse the Parliament do thus at an excessive charge, send many great sluggish Ships to Sea, the honour of the Sea is lost, and so lost, that it cannot be regained; and yet in a contradiction salves up the matter and saith; But by reducing the Navie into a serviceable posture for these times, into a nimble condition, with one Tire of Ordnance and no more, and some Drakes for close Fights, with this caution; the greater the Ship is, the greater the Ordnance, and number of men, as the Ship can well accomodate.
Ans.
By the first part of Master
Burrells
Non-sence, he would have sluggish Ships sent to Sea, or else the honour of the Sea is lost; but at last saith, That the Navie must be reduced into a serviceable posture for these times; as if the Navie were to be altered upon every turn of the Tide; and in stead of having the Navie maintained for the strength of the Kingdom against all forraign Forces that should invade the Realm, he would bring them to one Tire of Ordnance, pretending to suppresse the Kings Men of War, which are no other then small Frigates, Dogger-Boats, Sloops, and the like: and then indeed he would make Englands Navie contemptible, both at home and abroad.
Then he layes down what manner of Ordnance he would have put into the first, second, third, and fourth Rate-Ships.
Ans.
For Answer thereunto: This Gentleman it seems would go about to teach Minerva, to instruct others, that know better then himself: And whereas he would have none but whole Canon, Demi-canon, whole Culverin and Demi-culverin, according to their severall ranks; we conceive that the Ordnance of his Majesties Ships are already so well proportioned, and with such good advice, that there needs none of Master
Burrells
Reformation.
In the next place he saith, The common Sea-men are so grosly cozened of their thirds of Prize-goods, that many thousands have left the Kingdom; and those that remain, so dis-heartened, that no good Service can be expected.
Ans.
Although this charge concerns not us, yet to our knowledge it is most false, as the Collectors for Prize-goods will make it appear, when they shall be thereunto called. And for the many thousands of Sea-men that have left the Kingdom; this is as true as the rest: for we could never learn of any that deserted the Parliament, but such as have alwayes lived as Pirats and Robbers at Sea formerly; the Kingdom being better without such than to have them.
The Gentlemans Conclusion is, That Ship that doth not sail well, cannot serve well; and that man that denieth this truth, and cannot shew a better remedy for a Reformation of the Navie, that man is wilfully ignorant, or a Traitor to the State.
Ans.
In this particular we shall be brief, and conclude; He that sets forth falshoods, and endevoureth to destroy the Navie, (being the Walls of the Kingdom,) and produceth no better reasons, is either grosly ignorant, or an Enemy to the Kingdom.
And thus we have gone through Master
Burrells
false suggestions, scandalous informations and notorious falshoods; and for the Vindication of our integrity, we humbly submit to the Justice of the High Court of Parliament.
The Answer of the
Commissioners
of the Navie, to the Particular Charge of Master
Andrewes Burrell
, abstracted out of this Generall Charge.
MAster
Burrell
in his first Charge, saith, That divers of his Majesties Ships have been suffered to lie rotting in Harbour; as also foure of his Majesties Ships were lately condemned to be sold; yet such is the providence of the Officers of the Navie, that those rotten Ships are still continued, and do cost the Common-wealth,
1500.l.
per annum
, to keep them above water; and that by two other Ships, the State may save
1800.l.
per annum
, and neither weaken, nor dishonour the Navie.
Answer
. To which we answer, That it is false, and scandalous; for we shall make it plainly appear, That onely those ships mentioned by him but the whole Navie is in a farre better condition, then when his Majesty left the Parliament. And first for the
Soveraign
; she was carved, graved, and trimmed, both under water, and above water, and made fit for the Kingdoms service, the last Summer. And that since his Majesties absence; there have been repaired in drie Dock, the Saint
Andrew, Victory, Charles, Vnicorn, Vantguard, Constant, Convertine, Guard-land, Bonaventure, Anthelope, Swallow, Mari-rose
, and
Warwick
Frigate, besides the
Triumph, Providence
and
Iohn
in the Dock; which Ships when his Majestie left them, were all defective, and most of them unserviceable. And as for the
Nonsuch, Assurance
, Saint
Dennis
, and
Adventure
, they were cast three years or more, before his Majesties departure from the Parliament; yet his Majesty would never suffer them to be sold, untill new Ships were built in their rooms. But the Parliament, at one instance, being informed of the yearly charge of those Ships, gave order in October last, to put them to sale; which was done accordingly, but in regard the Winter was come, and the charge would be great to the buyer to bring them up to
London
, no man offered a penny for them; but now the time of year is come, and three new Frigates upon the stocks, and shortly to be lanched, we have put them to
sale
sail. And for what other Ships, not herein mentioned, they are trimmed every year; and kept as well, as ever they were, since the Kingdom stood. And as for the two other Ships which Master
Burrell
mentions in the Navie, in which 1800l.
per annum
, may be saved, and neither weaken nor disable the Navie; we confesse, That is a good service, if Master
Burrell
can make it good, and we desire the Honourable Houses, that he may give reasons how it may be done, without weakening the Guard of the Navie.
In the next place, he saith, That the
May-flower
is an old Ship, and hath formerly been a Collier, and desires to know how many Men of Warre she hath taken for the 18000.l. she hath received of the State. And that the
John
is an old sluggish Ship, and hath not taken one Prize, nor that her company have hopes to take any hereafter. And that the
Nicholas
is a very sluggish Ship; by which he would inferre, that the Parliament imployed none, but sluggish Ships.
Answer
, Concerning the worst of Merchant Ships, as Master
Burrell
is pleased to call them, the May-flower, John, and Nicholas: As for the May-Flower, she hath been ever held a good sailer as most in the River, and of good force, insomuch, that she
fetcht
up, and fought with three Dunkirk Frigates in Seavern; and had taken them, if an unfortunate shot had not killed the Captain, by name Captain Cock: Besides many good services done by her upon the coast of Ireland, both in the relief of Youghall, and taking Dingley Couch; she likewise took the Providence-
Regis
, in Humber, and after beat the enemy from a Fort upon Humber, and took their Ordnance. And as for the John, she is no Merchants Ship, but belongs to the State; yet when Captain Haddock was in her, she tooke a States Man of War, which was laden with Powder, Arms, and Merchants goods, bound into Scarborough; which Powder and Arms were of great use to the Scottish Army, when they came first into Sunderland; with other Ships laden with Iron, Deals,
&c.
all which were made use of by the said Army. And after Captain Zachary came into her, under God, the said Ship and her company had not the least share in taking in of Scarborough, in keeping the enemy from water, as also all relief by Sea, although attempted by the Kings Men of War; and in a skirmish on shore, the Captain lost his life. And as for the Nicholas since she hath been in Ireland, she hath done as good service as any Ship whatsoever; although Master
Burrell
brand her, yet Captain Crowther the Vice-Admirall in his letter to us, desired that she might be continued in the last winters service, being an active Ship. And as for the 18000l. received for the May-flower, we think it is far short of that summe. Yet when victualls, wages, wear and tear, are deducted, there will no great matter remain for the Adventure, which remains yet unpaid, and due from the State; as likewise to all other Merchant Ships that are in the service; by reason of which, we had much adoe to get a competent number of Ships, to serve for this Summers expedition. By which your Honours may perceive how Master
Burrell
seeks to disgrace the Merchants Ships, as he hath done the Royall Navie: yea those Merchants Ships that have done the Parliament best service, as in his next Article will appear.
In the third place, Master
Burrell
begins to racke his memory, and complains of divers other good Ships, and saith, they are Colliers, and calls them the worst of Ships; as the
Hector
, the
Dragon
, the
Green-Dragon
, the
Hopefull Luke
, and the
Exchange
. And that there were seven
Dunkirk
Frigates, offered to be sold to the Officers of the Navie, for lesse then 5000l. But the Officers of the Navie refused them, and thought it better thrift to bestow 11000l. upon three Frigates, and that when they are built, (if they be built according to the directions given by the Officers of the Navie to the Master-Ship-wrights) he believes (as he doth all things else) that they will not be serviceable, as those of
Dunkirk
and (saith he) those
Dunkirk
Frigates so offered to this State, being encouraged by the King, and manned with discontended Sea-men for want of their thirds; have taken many Ships and goods from the Merchants of
London
, to an inestimable value.
Ans.
In the third Article, concerning the taking up of Colliers, which Master
Burrell
calls the worst of ships: And first for the Hector, Captain Beddall, she hath done very good service; first in taken a Ketch laden with Butter and Coals which came out of Newcastle, which vessell she fetcht up in foure houres chase, meerly by sailing ; the next he took was Galliot Hoy, which came out of Newcastle with three thousand and odde pounds in money to buy Armes, as likewise letters of credit for three thousand more, the rest Coals and Grindstones; in five houres chase she fetcht her up, notwithstanding, she was a choice vessell for sailing, taken up for that purpose; and Captain Cork, Treasurer to the Earle of Newcastle, (who was imployed to buy the Armes) was in her, and brought prisoner to Dover. The next she took, was a Kings Man of Warre, called the Black-horse, which he chased a shore, and after took her, and brought her to London: the next he chased Captain
Denton
a
Scarbrough
Man of War a shore, which was then cast away; and after chased another Man of Warre, with divers provisions bound for
Scarbrough
, which he chased till he had had spent, his mast; and after took him, and carried him into
Burlington
; the next was a Collier, conveyed by Brown Bushell, which he took, and sent into Hull. Since that, he rescued two North-Seamen, out of the hands of a
Scarborough
Man of Warre, with diverse other good services, which did conduce to the benefit and honour of the Parliament, which the said Captain Beddall can give a more particular Accompt of; and this is one of the Ships Mr.
Burrell
calls a Collier, and the worst of Ships. This Ship hath been victualled, and manned by the State; and hath taken more prizes, then foure times her fraight amounts unto, the Ships Hull hired for 62l.
per mensem
: And indeed these Ships (although by Master
Burrell
called Colliers) yet by reason of their great force, and small draught of water, are the most fit Ships for that Coast, except Frigates, especially in Winter time. As for the
Dragon
, and
Green-Dragon
, they were taken up by the Committee for
New castle
, to carry Souldiers to
Holy-Island
: and afterwards in regard of their good service there, and at
Barwick
, they were taken up by Order of the Honourable Committee of the Navie, to guard the Northern Coast; where they afterwards performed very good service, in so much that Captain
Greens
Ship called the
Green-Dragon
(which Master
Burrell
calls the worst of Ships) took divers Prizes, and being in fight with one, the Captain was slain, and yet the Prize was taken. The
Hopefull-Luke
was a Merchant Ship, and no Collier, and the first voyage that ever she made: And the Exchange was never imployed in the service of the State. And as for the seven Frigates so mentioned in his charge, we heard of it upon the Exchange, and did acquaint the Honourable Committee of the Navie therewith; and although money (at that time) was so scarce, that the Committee could hardly find money to pay Marriners wages, and set forth our Fleet; yet notwithstanding , they bought the
Warwick, Cignet, Starre, Hind, Lilly
, and
Crescent
Frigates, which are now in the service. By this your Honours may perceive how farre we have been from opposing the buying or building of Frigates, but have rather endeavoured to increase the number of them, being now at least twenty. And whereas Master
Burrell
saith, they might have been bought for five thousand pound: he doth not tell your Honours, That they would cost to be set to Sea, double the first cost; as by experience we have found in the aforesaid Frigates. And whereas he chargeth us with giving directions to the Ship-wrights, for the building of three new Frigates, it is false; for the master Ship-wrights, with the Assistants of the Master of their Hall and the Master Carpenter of the
East-India
, Company, gave us under their hands, the dimensions and scantlings by which the said Frigates should be built; and we doubt not, but they performing their duty, one of these Frigates will be more serviceable, then three of those mentioned by master
Burrell
. And as for the discontended Sea-men, where with the King hath manned his Ships, we are sure they had no cause to be discontended, neither with the Parliament nor us; for the Honourable Houses of Parliament, have been pleased to augment their wages foure shillings in a moneth, and give them the one third of all they took, which to moderate men should have been an engagement: but in regard we are not of one mind, as well by sea, as by land, and some had rather live Pyrates, then in an honest calling, there may be some English (although not thousands) out of their ill affection to the Parliament, that have deserted the Cause, and yet in the Kings Men of Warre, there are three strangers for one English man. And as for the Merchant Ships that have been taken, some have been surprised in going from their Convoy. And if
Dunkirk
, being a small fisher-town, taketh from the
Hollanders
, every year at least eightie, or a hundred sail of ships, and some years more; notwithstanding, their great Fleets, set out every year for suppressing of them; how much more may all those Ports of
Flanders, France, Holland
, and
Denmark
infest our Coasts, and yet in all this time, they have not taken any considerable Ship of force.
In the fourth place, He falls upon some Members of Parliament, to wit, Master
Vassall
, and Master
Bence
, That they are owners of some sluggish Ships now in the service; as if their Ships were not as well able to serve, as any other Ships in the Kingdom, and likewise would fain make all the Commissioners of the Navie, Owners of such Ships as are unfit for the service of the State; when indeed and in truth, Master
Burrell
careth not what Ships they have, so he may have their places. Then he saith, he hath a new complaint which he hath (worn thred-bare, and as false as the rest) testified by witnesses, (and never a word true.) And that is, that the best of Prizes have been estranged from the Parliament, and possessed by the Officers of the Navie, and their associates; And that those Ships have taken many rich Prizes, and when they have taken them, the Officers of the Navie have paid them off with the Parliaments pay, not allowing those that have been most valiant, one penny for their shares, when the Prizes taken, have been worth 11000l. And when the Sea-men demanded their shares, one of the Officers threatned them with imprisonment: By which unkind usage (saith Master
Burrell
) many thousand common Sea-men have been occasioned to leave the Kingdom, and to serve against the Parliament. Then Master
Burrell
doth beseech their Honours to give him leave to acquaint them. that there is a
Danish
Ship now in the River of Thames, and saith, it is said, she was taken from the
Danes
by authority of Parliament; but saith, he knowes not whether Prize or no: But this he knoweth for certain, that Ship is fitter for the Parliament, then for any Subject in the Kingdom: and wheresoever the mystery lieth (saith wise Master
Burrell
) that Ship was worth foure times so much money, as she was sold for.
Answer
, Master
Samuel Vassall
doth owe part of the
May-flower
, which is a serviceable Merchant Ship, and hath been often imployed, both in the
Straits
, and in the
West-Indies
, by diverse Merchants in London, being fortified with twenty eight peeces of Ordnance, and three Decks, and never understood by us to be a Collier, or sluggish, as afore is declared. Master
Alexander Bence
, oweth a sixteenth part of the
Blessing
, being a fit Ship for a Man of Warre, as any Ship of her burthen, in the River of Thames, and no sluggard, as Master
Burrell
would have her. And as for the
Angel
, we know of no such Ship in the service. And whereas Captain
Crandley
, and Captan
Morris
, are said to be owners of the
Anne Percie
, it is not true, although the Ship be without exception, fit to serve any Prince in Christendome. And whereas master
Burrell
saith, that Captain
Crandley
, and Captain
Tweedy
owe part of the
Honour
and
Providence
; it is true Captain
Crandley
, owes part of the
Providence
, though not in the service, as likewise the
Honour
lately burnt. But as
for
Captain
Tweedie
, to be owner of either of them, or of any other Ship in the service, it is false and untrue; although both the said Ships were, and are serviceable both for the State, and Merchants, as appeared by the
Honour
, which fought with six of the Kings best Men of Warre, off
Holy-head
in Wales, and beat them into
Bristoll
, and yet not in the States service. And whereas we are charged with severall Prizes taken by the Parliaments Ships, estranged from the Parliament, and possest by the Officers of the Navie, and their associates, and paid with the Parliaments pay, and their chief Commanders
Irish
: We answer, it is notoriously false and scandalous, as what else touching this Article; And we desire your Honours would be pleased, that he not proving it, we may have vindication, and be repaired in our reputation; which to us is as dear as our lives. And as for the
Danish
Ship, we know of such a Ship taken by Captain
Batten
, and after delivered by the Honourable Houses of Parliament, to the Merchants Adventurers, together with her goods brought from the
East-Indies
, which was by them sold, in satisfaction for their wrongs received from the King of
Denmark
; and whether sold cheap or dear, it no way concerneth the State, nor us. By this your Honours may perceive the malice of this silly ignorant man, that will inform your Honours with that, which he cannot in the one, nor dare not in the other, make good.
Master
Burrell
recites diverse Captains, by name Captain
Man
, Captain
Ellison
, Captain
Wills
, Captain
Wild
, and Captain
Wappell
; which he saith have done very good service, but never received any reward, or preferment; And would make the world believe they are as discontended as himself, insomuch, that he saith they would leave the Kingdom; when to our knowledge three of them are now at Sea, in the service of the Parliament in three good Ships; and are neither discontented, nor unrewarded, as Mr.
Burrell
would have them to be.
Ans.
As to the fifth Article, touching Captain
Man
so much commended by Mr
Burrell
for his valour, wherein he saith, he hath deserved a gold chain for his service against
Mucknell
; we confesse had he and his consorts persevered and taken
Mucknell
, they all had well deserved a good reward, but leaving him to harbour himself in
Silly
(where he run his Ship upon a rock) we cannot conceive how he or they have deserved a reward; yet for his incouragement, we suppose the Honourable Committee of the Admiralty hath well preferred him, from the command of a small Frigate, to command one of the best third rank Ships in the Navy. As for the good service of Captain
Ellison
, we are well satisfied; but that he hath not received any shares, of what is due, we cannot believe; or that he should make any such complaint unto Master
Burrell
, and not rather unto those, who would do him right. As for Captain
Iohn Wills,
we marvell he should complain of all others; for to our knowledge, he is well satisfied in the Service, being Captain of a small Ship, the Lucie, he left the said Ship, and lived ever since on shore; and if he be such a man, as Master
Burrell
sets down, that he was intended to leave the Kingdom, and to seek employment in other Countreys; truely he is not to be trusted by the Parliament: for satisfaction of which, it will be necessary to question him before he takes the command of Captain Plunkets Ship, being appointed by her owners to be Commander of her, in the States Service. And as for Captain John Wild, he hath been employed in the Service; and what his deportment was, we leave to the relation of the Right Honourable the Earl of Warwick: but in his last employment, he was Captain of the Cignet-Frigate upon the North-Coast, where we were given to understand, that in that Service, he and Captain Wills in the Lucie, took 4 Ships in Lynne-Deeps, belonging to that Town, when the Earl of Manchester was before it: his Lordship having taken the Town, the owners of the said Ships petitioned his Lordship, for restoring of the said Ships and Goods; upon which his Lordship was pleased to grant them their Ships and Goods again, they paying the Captains 400 pounds salvage,
viz.
100 pounds amongst them and their Marriners in money, and a bond of 300 pounds to pay to the Captains at a certain time; which we understand they have received, but ought (in our opinions) to be accountable to the State, in lieu of the Ships and Goods, which were Prizes: besides they pillaged the said Ships, as by complaint to us from the owners: By all which it doth appear, he hath no cause to complain for his thirds: And if he be such a man as Master
Burrell
makes him to be (which we do not beleeve,) we leave it to your Honours grave Wisdoms, to consider whether he be so fit a man as Master
Burrell
makes him, being one of those (as Master
Burrell
saith) that out of discontent would leave the Kingdom. As for Captain Wappall, he had almost starved his men upon the Coast of Ireland, insomuch, that they brought away the Ship for want of Victuals, when Sir Charles Coote had most occasion to use him, after the taking in of Slego, the businesse being taken into examination before us; and this is another of Master
Burrells
men, that would leave the Land; which, if so, are not fit men to be trusted by the State. And as for Captain Hawkeridge, we doubt not but the Right Honourable the Earl of Warwick knows him well; and questionlesse, if his Lordship had found him so capable of employment, as Master
Burrell
pretends, he had been preferred as other men. And as for his Giant Captain Hodges, as Master
Burrell
calls him, he alwayes served in a private Man of War; by which employment, he made so good use of his time, that he hath purchased a great Ship, with which he is gone for Venice, laden with Merchants Goods; and not out of any discontent, as Master
Burrell
would have it, but for his own advantage.
In the sixth place; he saith, That divers persons are employed in the Parliaments Service, that have deserved punishment; and in stead thereof; have been preferred to places of trust; and nominates Captain Shaftoe.
Ans.
Concerning Captain Shaftoe, we did receive information, that he released (after he had taken) one Leyton; who afterwards (as is said) went into New-castle: Captain Shaftoe, after his coming to Town, did acquit himself, by divers witnesses, of that crime; and will be ready at all times (being now Commander of Holy-Island) to give the Honourable Houses further satisfaction. As for his Bill for his Ships Pay, mentioned by Master
Burrell
, to be branded by Master
Holland
, in regard of the crime above-said; it is true, it was so done by him against our consent, long after he had signed it; but in regard we could not lay any just charge to Captain Shaftoe, and the money belonging to the owners, and not to him, for the Service of the Ship; we could not in justice, but take off the brand of the Bill; Captain Shaftoe being a responsible man, to answer any thing that afterwards should be laid to his charge: and to our knowledge, he is a man that hath been faithfull to the Parliament, having done speciall Services in landing in Northumberland, by the command of Captain Edward Hall, with the Anthelopes men and his own, being about 150, and coming to Colonell Hagerstons house, being very strong, summoned it, and took part of the out-houses, and after, the Colonell himself thinking to escape away, his horse was shot under him, & so taken, as also his Son in the House; where they found store of cloth for Souldiers coats for the Colonells Regiment, which he was raising: the taking of the said Colonell, and bringing himself, and some prisoners, was the break-neck of that Regiment; which was at that time an excellent piece of service: In the next place, he most desperately entred into the Port Holy-Island, the Castle and Island being for the King; and having not above 100 men, he first took the Town and the Island, and afterwards summoned the Castle, and had it delivered to the use of the Parliament: for which good service, the honourable Houses made him Captain thereof, where he remains to this day. And as for Master
Hollands
forbearing 14 moneths to sit in Commission for this and many other abuses, as Master
Burrell
pretends; we humbly desire, that Master
Holland
may be examined, what these abuses were, and by whom committed, that, if so, they may receive condign punishment.
In the seventh place, Master
Burrell
chargeth Captain Peacock with treasonable practices, and saith, That he took a Vessell, whereof was Master, one Hixon, laden with Arms and Ordnance for his Majesty, and when Captain Peacocks men would have gone on board to search her, he denied them, and told the men she was laden with Apples, bound for Scotland; and after private conference in the Cabine together, Peacok set Hixon at liberty, and Hixon went into Newcastle, while Peacock was in sight of him, and there delivered divers pieces of Ordnance, and other Ammunition for the King: for which treachery, saith Master
Burrell
, Peacock did neither suffer punishment nor fine, although the Articles against him were exhibited to the Officers of the Navie, and proved against him; yet notwithstanding the great complaint, Peacok is lately made a Captain of one of the Parliaments Ships.
Ans.
As for the charge given against Peacock, we found no just proof against him, referring him to his defence presented to the honourable Committee of the Admiralty, by which we doubt not but he hath given full satisfaction, before their Honours admitted him into the service again, being now Captain of the Warwick-Frigate.
In the next place, Master
Burrell
chargeth one Bramble with cowardize, and saith, he was to convoy William Hazard in the
Gift of God
, from Ireland, with fifteen Masts for the Service of the Navie; and Bramble commanding one of the Parliaments Frigates fortified with sixteen peeces of Ordnance, met with two of the Kings Men of War, and at the sight of them (as Master
Burrell
saith) ran from his charge, and left Hazard to the mercy of the Enemy, who carried him into Falmouth; for which cowardly Service, Bramble was put out of the said Frigate, by the space of a year; but of late preferred to be Captain of one of the Parliaments Ships.
Ans.
Concerning Captain Bramble leaving of his Convoy, which came from Ireland, with fifteen masts; It is true, that two Frigates chased his Convoy in the morning, at break of day; and she being so far a stearn, could not recover her before the Men of War had possession of her, (as we are informed:) and since that, he hath been Master of the Anthelope with Captain Hall; where he behaved himself so well, that the said Captain Hall recommended him to the owners of the Ark, a Merchant-Ship, whereof he is now Commander.
The ninth and last Quere (as he saith) is of great concernment, and thinks it not fit the common Sea-men should be acquainted with it; and further saith, he finds them so full of discontent, that if he should give them any encouragement, he fears they would be offensive to the Parliament, because (as Master
Burrell
saith) they have been grosly cozened in their thirds of Prize-goods, taken by Captain Swanley and Captain Moltons Squadrons, worth a great value, but (he saith) obscured by transaction. Then he falls again upon Reformation, and reducing the Navie into a serviceable posture for these times, and such a Reformation, as will enable the Parliament to recover the Soveraignty of the Seas: And the jest is, he will defend England it self from being invaded by Turks and Landrobbers; and saith, The honour of the Sea is lost, and the money spent little better, than cast into the Sea.
Ans.
Concerning the fear he hath of the common Sea-men, of their coming to clamour at the Parliament-door; we beleeve there are no such men, except promoted by Master
Burrell
and his Agents. And for the Prizes taken by Captain Swanley and Captain Moltons Squadrons, we refer them to the Collectors for Prizes and Prize-goods, who can give a very good account thereof. As concerning the Gentlemans conclusions, of his mark and aim for reforming of the Navie into a serviceable posture; We hope we have given a full satisfactory Answer to your Honours: But we wonder that he should be so impudently bold, as to charge the Parliament with the expence of so much money to be spent at Sea, or rather cast into the Sea; when it appeareth, that the Navie, under God, hath not had the least share in preserving the Kingdom, for the reasons given aforesaid. And as for the honour of the Sea, we dare be bold to say, it hath never been better upheld, then since our Fleets have been abroad; where they have been, and still are Masters of the Seas, in the face of the Parliaments Enemies. And as for the Reformation of the Navie so much mentioned by Master
Burrell
, we know not what he means, unlesse it be to destroy it, if it be no other than what by him is set forth; and in former times would have been held treason, if any Projector that should have endevoured to put the same in practice. And we much wonder, that he, or any man, dares presume to inform the Parliament, to bring Englands Royall Navie into such a contemptible and weak condition, as this Gentleman would do by his Reformation, contrary to the opinion of the most skilfull Sea-men and Ship-wrights of the Kingdom: And therefore we could wish, that Master
Burrell
, so much insisting upon a Reformation of the Navie, would first reform himself of such grosse ignorance, of which he now stands guilty. And thus we hope we have answered both his Generall and Particular Charge, referring both it and our selves to the grave Wisedom of the honourable Houses of Parliament, from whom we hope to have vindication, and reparation for those many unjust aspersions and false accusations against our persons and reputation, set forth by Master
Burrell
, in his Pamphlet.
Postscript.
THen he writes his Postscript, and shews of what rank the Ships shall be, which he intends to reform; and then he saith, If the State had ten times as many Pinaces, and ten times so many Frigates as are now employed, the honour of the Sea cannot be maintained by them: It is the Ships of the Navie that must, and (if they were reduced) that can recover and maintain Englands honour; It is the Ships of the Navie, and not the Pinaces and Frigates. And then begins to make his recantation, as he thinks and saith, That whereas he saith the Admiralls, Vice-Admiralls, and Rear-Admiralls, have not shot one shot in anger, since these distracted Wars began, his intention was, and is, that they have not shot one shot in anger,
viz.
in offence or defence, in a Warlike manner, against any of the Kings Men of War, or any other Ship that have affronted them.
Concerning reforming the first, second, and third rank-Ships, we have given so full an Answer already, that we shall not need to reiterate it again; Onely in the ten times so many Pinaces, and ten times so many Frigates, the honour of the Seas cannot be maintained: It is the Ships of Englands Navie (saith Master
Burrell
) that must maintain the honour of the Sea; which we agree unto; but not to reduce them into the posture of Frigates, with one Tire of Ordnance, as Master
Burrell
would have them. And as for the Admiralls, Vice-Admiralls, and Rear-Admiralls, That his meaning is, they have not shot one shot in anger, in offence or defence, in a Warlike manner, against the Kings Men of War; He makes the cure worse then the disease, and abuseth not onely that Honourable Lord, but all other Commanders, as if they did not know how to defend themselves, or offend and Enemy in a Warlike manner.
FINIS.
Imprimatur
Na. Brent.
A MODEL For the maintaining of Students Of choice abilities at the
UNIVERSITY
, and principally in order to the MINISTRY.
TOGETHER With a
PREFACE
before it, and after it a RECOMMENDATION from the
UNIVERSITY
; and two serious
Exhortations
recommended unto all the unfeigned lovers of
Piety
and
Learning
, and more particularly to those rich men who desire to honour the Lord with their substance.
Prov. 3.9.
Honour the Lord with thy substance, and with the first-fruits of thine increase
.
Printed
Anno Domini
. 1658.
The PREFACE
.
HOw dear the glory of God and the Kingdome of Christ should be unto all, and is to every one in whom dwelleth the love of God, is on all hands acknowledged; That it is a duty incumbent upon all men, not onely to praise God with their lips, but also to honour God with their substance, and that in a proportionable manner to what the Lord hath been pleased to betrust them with; we wish it were as cheerfully practised as it will be readily granted. As there is no greater honour that can be put upon a Creature, than to be in a capacity of honouring God, especially when to this is added the blessing of a large and wise heart to understand how great a trust that is, and what a glorious advantage is put into his hands; So there is no greater Evidence of a sincere heart than to be unwilling to offer to the Lord such Sacrifice as cost nothing: And as it is a duty to honour God, so it is a duty also to study in what wayes God may be honoured, and if one way be more conducing than another to the attainment of that great end, that way is most eligible, by wise and pious Christians; And although it is a laudable and necessary work to exercise Charity towards the bodies of distressed persons, yet those must needs be the most noble acts of Charity which concern the souls of men, seeing both the object of them is more excellent, and the effects more durable. And as the means instituted by Christ for the good of souls, is the erection and maintenance of his Church, and the supplying of it with an able and pious Ministry: So it hath been in all ages the care of those whose hearts have been touched with a sence of Gods honour, and a fervent desire of the Churches enlargement, to afford such liberal supplies and encouragements as might both prepare men for, and support them in the work of the Ministry. And these are the ends which have been principally aimed at by all, but all have not used the same means to those ends, nor are all means equally effectual: It is therefore our desire in this Model to make choice of such wayes as to us seeme most useful for the forementioned purposes: And because the foundation of the work lies in the excellencie of the natural parts of such as are designed that way, a few such being more worth than a farre greater proportion of other men; it is therefore of great use, and we shall endeavour that it may be our great care to single out such persons to whom God hath given the most high and promising abilities: Who if they be placed under the most learned and godly Tutors we can finde, and obliged as far as possibly we can to a diligent and eminent improvement in knowledge of all sorts and solid piety, we conceive it will be no arrogance humbly to expect a more than ordinary advantage to the poor Church, which now, if ever, calls for Teachers of exquisite abilities: And because there are some Churchworks of great concernment which cannot be conveniently managed by such as are overwhelmed with preaching work (such as the resolution of weighty doubts and cases of conscience, the stopping of the mouths of gain-sayers and the like) it must be judged of great advantage to have some particular persons exquisitely fit for such works both in regard of natural and acquired endowments, who should be set apart for such works to attend upon them without distraction. The rather, because there are diverse men, peradventure not eminent for preaching gifts, who being wisely improved, may be very serviceable to other of the Churches necessities: And these are the chief intendments of the following Model: Yet, for as much as there may be diverse towardly youths, of competent parts (though short of the eminencie that some others attaine to) and meane condition, who may be of good use in the Mi nisterial work, and seeing the ordinary necessities of the Church are not to be neglected, especially the condition of
Ireland
and
Wales
, and some dark parts of
England
being so dolefull and dismal, we hope it will be an acceptable work to lay in provision in this Model, whereby fit persons may be sent into those places, which by reason of their distance many cannot, and others do not go into: We confesse, as we shall not be wanting in our prayers and endeavours, as far as God shall enable us sincerely and impartially to look to these ends and wayes propounded; so we cannot but hope in God that the bowels of many precious souls will be refreshed by these means. And we are confident whoever shall engage their hearts in this free-will-offering to God, will have no cause to repent of it, nor shall it be a grief of heart to any at the last day (when the rust of other mens silver shall rise up against them to their everlasting confusion) to have been the happy instruments of enlarging the Church, and propagating the Gospel, and saving of souls; and in this life also the generations to come shall call them blessed.
Read and approved, and appointed to be printed by the Trustees
. Mat. Poole.
A Model for the Education of Students of choice abilities at the University, and principally in order to the Ministry.
April
1. 1658.
SECT. 1.
THat a Subscription be made by such whose hearts are affected with Gods Glory, and the Churches good in the advancement of learning and piety.
Sect.
2. And because subscriptions of this nature, though happily begun, have heretofore failed, lest it should happen so in this case (whereby the whole designe would be frustrated, and Youths of excellent parts hopefully planted at the University forced to remove, besides many other inconveniences) we do earnestly desire that God would stirre up the hearts of those whose estates will bear it, to subscribe for eight yeares or more, or for ever. Which we shall look on as a Noble and Eminent act of Charity, and which present and future ages may have cause to blesse God for, and as the most proper and onely certain course to promote the intended designe, and to prevent the forementioned mischiefs, yet if any shall contribute any thing upon other termes, we judge it a very acceptable service, and we hope it will occasion thanksgiving to God on their behalf.
Sect.
3. That the money collected, be disposed of by persons chosen to be Trustees not exceeding the number of fifty, whereof thirty to be Gentlemen or Citizens of Eminency, and twenty to be Ministers in or within five miles of the City of
London
; of which number any 7, to be a
Quorum
, whereof three to be Ministers. And that these Trustees do solemnly engage themselves to proceed in all things without partiality, as they shall judge best for the publick good, and not to be byassed by any favours or recommendations or respects whatsoever.
And that when any Minister who is a Trustee dieth, or refuseth to act further in the businesse, or removeth ten miles from the City of
London
, or by the rest of the Trustees is judged to deserve dismission from this Trust, the rest of the Trustees, or any nine of them, (notice being given to the generality of the Trustees of the meeting, and of the end of it) being met together, proceed to choose another. And that they solemnly engage themselves to choose one whom for piety, discretion, learning, fidelity, activity, publick spiritednesse, ingenuity, and other necessary qualifications, they judge fit for the work. And that when any other of the Trustees, to wit, Gentlemen, or Citizens die or refuse to act further, or are by the rest judged unfit to continue in this Trust; the rest of the Trustees or any nine of them, (notice being generally given to the Trustees of the meeting, and of the end of it) being met together, proceed to choose another, and that they choose one of considerable quality, wisdome, known integrity, and affections to the advancement of Religion and Learning.
Sect.
4. That the Trustees do choose a Treasurer (being a person of unquestionable fidelity) from year to year upon the twenty first day of
March
, to begin to exercise his Trust
March
the twenty fifth following, who shall be accountable to the Trustees once a Quarter, or to any seven or more of them; And that the Treasurers discharge be sufficient to any that shall pay the money. And that the Treasurer shall not dispose of any of the money, but according to the direction of the said Trustees, or any seven of them, (whereof three to be Ministers) met together for that purpose, (notice being generally given of such a meeting;) to be expressed in writing in a book to be kept for that use by one of the Trustees appointed by the rest.
Sect.
5. That the Trustees, or any five of them, (whereof three to be Ministers) appointed by the rest or any nine of the rest met together, notice still being generally given to the Trustees of the meeting, shall go about to Schooles in or within twenty miles of the City of
London
, or thereabouts; and shall con ferre with the Schoole-Masters, and out of six of the most ingenious Boyes being strictly examined, two of the best be chosen. And so to go from one Schoole to another. And because we would not have the benefit of this work confin'd to
London
, and the adjacent parts: But as we hope for help from diverse persons in the several Counties, and as for the future any County is capable of enjoying such Ministers as through Gods blessing shall be sent forth by the care of the Trustees, so for the present we would have ingenious boyes of any County to be capable of it, and therefore if any lad of rare parts from any place be recommended and found to be such, that care be taken to maintain him and instruct him more perfectly in some eminent Schoole where the Trustees think fit, and so send him to the University: or that for this present time (but no more) the Students be picked out of the most ingenious Scholars of the first or second year that now are at the University, six out of twelve: and that more respect be had to their parts, than learning, seeing learning may be added. And that for such as shall be chosen, if they have any parents, or such friends as have a power to dispose of them, both the students and their parents, or such friends shall promise in writing that they will submit to the Trustees for the education of such students, both as to the manner of it and the time, as both are expressed in this Model.
Sect.
6. That the boyes to be chosen be, as of eminent parts, so of an ingenuous disposition, not enemies to godlinesse, nor such as have a sufficient maintenance any other way. That they be the children of such parents as are, 1. not Scoffers at godlinesse, 2. Nor men of corrupt principles as to the weighty poynts of Religion. 3. Such as are poor, or but in a mean condition: Yet if a boy be towardly and pious, his parents corruption shall be no prejudice to him, but godlinesse wherever it is shall be in a special manner considered.
Sect.
7. That the boyes so chosen be sent to the University, and be there placed under such Tutours as the Trustees shall choose, (who shall be men as near, as may be eminent both for godlinesse and learning, and care of their Pupils) which Tutours shall have for their encouragement four pounds a year for tuition for each of these students, that there they have ten or fifteen or twenty pounds a year allowed them, as the Trustees shall think fit, till they be Batchelars, and if need require, and the Trustees see fit, that they be considered for their degree, (as also afterwards for their Master of Arts degree) and after they are Batchelars; (if they have been very diligent, &c.) twenty or thirty pounds a year, as the Trustees think fit. And that they shall be obliged to study to be eminent in the Latine, Greek, Hebrew, and other Oriental
languages
, and in the several Arts and Sciences, still reserving a power to the Trustees to consider the differences of the parts or dispositions of lads, and accordingly to accommodate them as they see cause. And that over and besides their ordinary Universities exercises, they be tied to special exercises in those things as shall be thought fit by the Trustees, and such learned men in the University, as they shall advise with, as the making of Speeches, Verses, Epistles, &c in the languages, holding disputations and making Lectures in the Mathematick, Civil Law, &c.
Sect.
8. That they have their allowance continued for eight yeares, and that they intend and direct their studies towards the Ministry, and if contributions come in sufficiently above what shal suffice for the yearly maintenance of twenty Scholars at the University in order to the Ministry, some more eminently able be pick't out of the rest, (whose inclinations are rather to continue at the University, and who are fitter for it) who shall be allowed to take fellowships if it shall please any Colledge to bestow them upon them, and also have such allowance, as the Trustees shall judge fit, (according to the excellency of their parts and learning, and the nature of their work, and their having, or wanting other maintenance,) upon these conditions. 1. That they be obliged to take no Pupils, if they are Fellowes, but by the consent of the Trustees till they are Masters of Arts, and then not too many. 2. That as every ones
genius
leads him, and as he is judged fit, so he principally prosecute some one kind of study, one to be the Linguist and principally for Greek, and for Jewish and Rabinical learning, another the Historian, and Antiquary, another the Philosopher and Mathematician, another the Polemical Divine, one or more another the Practical and Casuistical Divine, another the Universalist. 3. That each of those em ploy themselves (when occasion shall require, and the Trustees shall reasonably desire) in such works as shall be useful and necessary. And if there be a sufficiency of contribution above what shall suffice for those before mentioned ends, the rest be employed as the Trustees shall think fit (provided alwayes it be imployed for the apparent advancement of learning and piety) and, whereas diverse after they have been four years at the University, are forced through poverty to go away, ere they commence Batchelars, or presently after, and to enter into the Ministry while they are raw, that a special regard be had to such, as during that four years have most approved themselves, and are most eminent both for learning and godlinesse, that they have an allowance for their degree, and also to support them at the University three or four yeares more, (provided it be bestowed upon such Batchelars, as do truly intend to enter into the Ministry.)
Sect.
9. That once in a year the Trustees, or any five of them appointed by the rest, whereof three to be Ministers, go to the University, and there (with the help of some able University men) finde out their profiting, that if any excell the rest, &c. the Trustees shall give them such encouragement as they shall see fit, and that if there be conscience-satisfying evidence of the idlenesse or dissolutenesse, or any depravednesse of any of them, the Trustees, either then, or at any other time after admonition and tryal for so long time as they shall think fit, may withdraw the exhibition from them, & chuse others in their place.
Sect.
10. That once in a year there be two or three picked out of the Students, by the Trustees, to come up to
London
(their charges being born) to do some learned exercises in the City, if the Trustees think fit, and as they think fit; that so the Contributers may see some fruit of their cost, and others may be excited and encouraged.
Sect.
11. That there be an accurate Method of studies prescribed for them (with some Latitude for the variety of their
genius's
) that so no time may be lost that way.
Sect.
12. That their Tutours be desired to have a special eye upon them, as to their godlinesse, and to presse them to a diligent attendance upon all means publick and private conducing thereunto.
Sect.
13. That after eight years well spent there, the Trustees and Contributers do by themselves and friends endeavour to promote them to a place answerable to their merit.
Sect.
14. That the addition or alteration of Circumstances be left to the wisdome of the Trustees, or any nine, or more of them, whereof foure to be Ministers, provided that notice be given to the Trustees generally of the meeting, and of the end for which the meeting is appointed, and provided alwayes that the substantials remain untouched, (to wit,) the bringing up of eminent Scholars at the University, in order to the Ministry, and (if contributions come in sufficiently) the leaving of others at the University according to the eighth Article.
Sect.
15. That there be two or three chosen out of the University, who shall be intreated to take some inspection over them.
Sect.
16. That those of the Trustees that shall be chosen by the rest for any of the publick work, shall have their charges born them. And that all charges incidental to the work in the management of it, shall be allowed out of the Stock.
[sect]. 17. And although our great aim in this businesse is the bringing up of Scholars of eminent parts and learning, & the supplying of the Church with choice Ministers, and such as through Gods blessing may be pillars of the Church, yet because the ordinary necessities of the Church are also to be provided for, especially seeing the deplorable condition of
Ireland
and
Wales
, and some desolate parts of
England
, cries loud for our assistance, the Trustees therefore (after provision made for the forementioned branches of the designe) shall endeavour to take care about the maintenance of poor Scholars of competent abilities and good inclinations (though it may be not of eminent parts) at the University and shall allow them what they see fit.
And such lads as also their parents or such friends as have the dispose of them, before they be admitted, shall in writing engage themselves to be willing to be disposed of by the Trustees, and to be sent into
Ireland
, or
Wales
, or some destitute parts of
England
,) as the exigencies of the Church require) Provided alwayes that they shall not be sent to any such places, unlesse there be competent encouragement for them (of which the Trustees shall be judges.)
Sect.
18. For our Brethren in any Counties who shall be pleas ed to contribute to this work, we desire that to their former favour they would adde this, to take some care for the payment of their monies in
London
quarterly, and either to appoint some person in
London
from whom it may be expected quarterly, or else to send it in to the Treasurer.
Here followeth a Testimonial from some reverend Doctours, who are Heads of houses at
Cambridge
, the reason why here is not a Testimony from
Oxford
, is not out of any foolish æmulation or neglect of that other Renowned University, but only because he that negotiated the businesse was principally acquainted with the Heads of the other University.
WE whose Names are here under written, having perused certain Articles or Proposals communicated unto us, containing a design for the collecting of a yearly summe of monies, to be disposed of by Trustees for the breeding up of Students in the University in order to the Ministry, We do in our private judgments very much approve thereof, as that which, being faithfully and duly executed, may through Gods blessing be very much conducing to the advancement of learning, the defending of the truth, and building up of the Church of Christ, and now especially needful, when the work is so great, and the number of faithful labourers so small, and in danger to be smaller through the inability of some, and the unwillingnesse of others to breed up their children in such a way. And it will be matter of our rejoycing and thanksgiving unto God to behold others also in the several parts of this Nation, induced by this example of the great City, to designe their superfluities to so charitable, so Christian, and so seasonable a work.
John Worthington.
John Arrowsmith.
Anthony Tuckney.
Benjamin Whichcot.
Ralph Cudworth.
William Dillingham.
To the Rich that love Christ, the Church, the Gospel, and themselves.
Gentlemen
,
I Have here a happy opportunity to offer you an excellent benefit, by inviting you to an excellent duty. If receiving be unpleasant to you, how came you to be rich? If you like it, come while the Market lasts. Come before Thieves, or fire, or Souldiers have seized upon your perishing wealth, come before death hath taken you from all. You see here that Christ is contented to be your Debtour, at the usury of a hundred for one, in this world, and in the world to come, eternal life.
Matthew
19.29. If you are covetous, take this bargain, for all the world cannot help you to the like for your Commodity: If you are
not covetous
, you will not be tenacious of your money: The offer is so fair, and so unmatchable, that I know not what can keep you from accepting it, unlesse it be that you dare not trust the Word, the Promise, the Covenant of Christ. And whom then will you trust? who shall keep your wealth? will you? But who shall keep you then? will you undertake to keep your selves? Alas, how long? Is God to be trusted with the sustentation of the whole Creation, and the government of all the world, and with the lives of you and all the living, and with the prospering of your labours, and your daily preservation and provision? and yet is he not to be trusted with your money? you'le say you trust God? let us see now that you do not play the hypocrites? If you are friends to Christ, you may see in the work here offered to you, your Masters Name, and interest and honour! It's certainly his voice that calls you to this adventure and therefore never make question of your call. If you are friends to your Country, now let it be seen: If you live an hundred years, perhaps you will never have a better opportunity to shew it. If you are Protestants and love the Gospel, shew it by helping to plant and water the Seminaries of the Lord. Perhaps you cannot dispute for the Truth, or preach for it your selves: But you can contribute for the maintenance of some to do it: This then is your work, know it and performe it. You may have a Prophets reward, without being your selves Prophets.
Matthew
10.41. At least therefore, shew that you love your selves, and that you love your money better than to lose it, by casting it away upon the flesh, and leaving it in the world behind you. If you can stay here alwayes with it, then keep it: I speak to none but those that must die, and methinks such should be glad to learn the art of sending their wealth to meet them in another world. If you understand not that giving is receiving, and the giver is more beholden, than the beggar, and that it is for your selves that God commandeth you to give, and that the more you thus lose, the more you save and gain, you are then unacquainted with the reasons of Christianity, and the life of faith. I hope your are sensible of
Englands
priviledges, above the dark Mahometans or Indians, in the freedome of Ordinances, and plenty of receiving opportunities. And know you not that an opportunity of giving may be as great a mercy to you, as of hearing or praying, and should be as forwardly and thankfully accepted. He was never acquainted with the Christian life of doing good, that findes it not the most sweet and pleasant life. Though we must snatch no unsound consolation from our works, but detest the thoughts of making God beholden to us; yet we must walk in them as his way.
Ephes.
2.10, in which we are likeliest to meet him: he is likest to God, that doth most good, and that would do most. That is such an improvement of time and stock, that you may omit a prayer, a Sermon, or a Sacrament for it, rather than omit it: you may violate the rest of a Sabbath to shew mercy,
Mat.
12.4.5. Your Lord and Master with a special remark, hath set you all this lesson for to study.
Mat.
9.13. [
But go ye and learn, what that meaneth, I will have mercy and not sacrifice
] And yet such is here the happy combination, that it is mercy and sacrifice, because it is mercy for sacrifice, that you are called to. And doubt not but
with such sacrifice God is well pleased
, Heb. 13.16.
Forget not
therefore
to communicate and do good. It is more blessed to give, than to receive
, Acts 20.35.
For the nature of the work before you, consider, First, Is it not pity that so good a breed of wits as
England
is renowned for, should be starved for want of culture and encouragement. Secondly, Is it not pity that so many thousands of soules should starve in ignorance, or be poysoned by seducements, for want of cost to procure a remedy. And what abundance that may be saved by the Ministry of such as you maintain, may blesse God for you as the helpers of their salvation. 3. The necessities of the Church have of late called Students so young into the Ministry, that eminent Proficients in Languages, Sciences, Antiquities, &c, grow thin, and are in danger of being worn out, if there be not some extraordinary helps for chosen wits addicted to these studies. And what a dishonour, what a losse that would be to us, the Papists would quickly understand. 4. The barbarous face of the Greek and other Eastern Churches tells us, what need there is of learned instruments, for the maintenance and propagation of the Truth. Fifthly, What abundance of Colledges and Monasteries can the Romanists maintain, to fill the World with Missionaries of all sorts, which is the very strength of their Kingdome. And is it not pity that a better work should be starved through our want of pious charity: and that Papists should dare us, and we be unfurnished with Champions to resist them, when we are furnished with so much evidence of truth, which yet may easily be lost by ill managing! Sixthly, If you are the servants of Christ, above all you must now look about you for his Church and Ministry. For the Divel hath given you so strong an Allarme, that he that now sits still, and runs not to his Armes, to help the Church, is a Traytor, and no true Souldier of Christ. Papists are up, and Atheists and Infidels and Jewes are up, and abundance of secret Apostates are up openly reproaching the Ministry, that privately deride Christ and Scripture, and the life to come, (I know what I say to be too true) Quakers are up, and all the prophane as farre as they dare: And shall not we be up to further that Gospel and Ministry and Church of Christ, which so many bands of the Prince of darknesse, are armed to assault. Let us discourage the Devil; by making an advantage of his assaults. Let him see that we never do so much for Christ and the Church, as when he assaulteth them with the fiercest or cunningest
malignity
. He that hath not so publick a spirit, as to value the well-fare of the Church and the soules of men, before the fulnesse of his own estate, may go away sorrowful from Christ (as
Luke
18.23,24.) but a true Disciple he cannot be. It would make a mans heart ake to think of the dark state of the world, for want of Preachers. Were it but the state of
Ireland
and
Wales
, it should move us to compassion. And now I offer it to your sober thoughts, as to men that are going to be accountable for their Talents, whether you have a better way to dispose of your money, and a way that will be more comfortable to you at death and judgment. I would not have you unmerciful to your children: but if you think you may not lawfully alienate any of your estates from them, you are farre from the minde of the primitive Christians, that sold all and laid it at the Apostles feet. If you ask, why we leave you not to your selves to be charitable where you see cause, I answer, First, there is so much difficulty in every good work, even in giving so as to make the best of it, that you should be thankful to those that will help to facilitate it. Secondly, Great works must have many hands. Thirdly, Conjunction engageth and encourageth, and drawes on those in the company, that else would lagge behind. What need we else associate for our Ministerial works of instruction, Discipline, &c and leave not every Minister to himself: In company we go more chearfully, easily, regularly and prevalently. And should you not associate also in your duties.
Well Gentlemen, seeing it is undoubted that the work before you, is of great importance to the honour of Christ, to the wellfare of the Church, to the Protestant Religion, to the soules of thousands, and to your own everlasting benefit, take heed how you refuse to do your best, lest God distrain on you before you are aware and then hold it or your soules if you can. And say not but you were warned by a friend that would have had you have saved your money and your soules, by making the best of your Masters stock. And if what I have said do not perswade you, I intreat you to read a Preface to a Book that I have written to this purpose, called,
The crucifying of the world, &c.
Read
Gal.
6.6,7,8,9,10. Accept this invitation to so good a work, from
A servant of Christ for his Church.
Richard Baxter
.
February
26, 1657/8.
A word to the Rich, that desire to give up their account with comfort.
SUffer I beseech you one word of exhortation, and with attention read a few lines which may be of everlasting concernment to you. I will suppose I speak not to
Atheists
, but to such as are possest with a belief of an eternal estate of infinite happinesse or misery: not to fooles, but to wise men who would not wilfully neglect any thing, which is necessary to secure them from the wrath to come. It is also notoriously known, that the wilful continuance in the neglect of any one evident duty, or the commission of any manifest sin is sufficient to entitle a man to damnation, notwithstanding any professions of Religion or practises whatsoever: You cannot but know that many perish eternally, not for any grosse wickednesse visible to the world, but for slie and secret and unobserved omission sins, and that these are the onely sins which our Saviour formes a processe against in that famous repræsentation of the last judgment.
Mat.
25. And amongst those duties which men are most prone to neglect, are those which are difficult and costly and troublesome, which made Christ pronounce it so hard for a rich man to enter into the Kingdome of heaven: And therefore you that are rich had need double your diligence to make your calling and election sure. And truly it is an unspeakable happinesse (if the Lord give you hearts to consider it) that your riches wisely managed, may afford you a special and eminent evidence and assurance of Gods love, and your own future happinesse; forasmuch as if you freely lay out those riches that God hath graciously given you, for his glory and the Churches good, it may be a notable and sound discovery of a lively faith, (which can part with present comforts in hopes of those future and unseen consolations) a fervent love to God and the brethren, a resolution to part with all for Christ, and a serious and true desire of salvation: As on the other side it is a token of perdition, when a mans heart is glued to his riches, and the present evil world, when a man is so destitute of charity, that rather than part with his riches, he will suffer, bodies and soules to perish; and the glory of God to be turned into shame: I beseech you therefore by the bowels of God have compassion upon your immortal soules, make you friends of the Mammon of unrighteousnesse, throw not your selves over-board to preserve your riches, from which you can expect no other requital, but this, that the rust of them shall rise up in judgment against you at the last day: and this duty I may the more boldly exhort you to, because, if you make use of your reason, you will finde the performance of it is no way disadvantageous to you: for, as you will gain this excellent advantage, besides eternal salvation, that, that portion of your estates which you lay out for God, will be a means to sweeten and secure all the rest to you and your posterity, so, by the doing of it you will lose nothing of substance, seeing that is most true and evident by daily experience which our Saviour saith; That the comfort of a mans life consisteth not in the abundance of what he possesseth. For what are riches, but for use, without which a mans chest hath as much good by his riches as he; and how can a man use them, but for his pleasure or credit, or posterity, or the like? and who knowes not that many discreet men of competent estates between want and affluence enjoy more real pleasure in their estates, than they that have ten times a larger portion? and if a man look to his credit, let any impartial man judge, whether it more advanceth a mans reputation, sordidly to hoard up his riches to the dishonour of Religion, his own shame and contempt (whereby he lives lamented, and dies desired) or generously to lay them out in such wayes as not only procure him favour with God, but respect from men here, and at last a Crown of glory that fades not away? and if a man aims at posterity, methinks this City hath afforded sufficient experiments to convince any ingenuous man, that the leaving of vast estates to children, doth commonly betray them not onely to the greatest wickednesses, but also to manifold miseries, which they that carry their sales lower, and whose estates are nearer the golden Mediocrity are preserved from: I may adde to all this that diverse of you in this City may say with
Jacob
, with my staffe I came over
Jordan
, and now God hath made me two hands. That God that hath brought down others, hath exalted you, that God that hath impoverished others, hath enriched you, and therefore, if others owe their thousands to God, surely you owe your ten thousands. Remember I beseech you, that hand that gave you your estates, can recall them when he pleaseth, and if you deny him the interest, he can revoke the principal. Remember you will not alwayes have such opportunities: Ere long you and the poorest wretch must be upon the same termes, now you have an advantage over them, and a means to do God more special service: I shall trouble you no further, but only this, lay out your estates, but do it freely, not
grudgingly
, do it liberally, not sparingly: I shall not here determine that Question, whether God expects a tenth part of your estates to be imployed in his service and for publick good. But thus much I may safely say, that where God sowes liberally, he expects to reap liberally. And as Gods Ministration to us under the Gospel doth exceed the legal Ministration, so I know no reason why our Ministration to God from our superfluities should not exceed theirs under the Law: And however men can easily deceive themselves here in things which concern their profit, yet I doubt not when men shall at last come to make a review of all their actions, their consciences will justly condemne them, not only for the total neglect of such duties, but also for the not doing of them in a fit and full proportion: For this particular occasion, I shall say nothing more than what is said in the Preface, and in these other annexed Papers: Consider what hath been said, and remember it comes from one whose design is not his own profit, (nor to lay a yoke upon you which he will not take upon his own shoulders) but meerly that God may be glorified, and that, at that last day, fruit may abound to your account.
Matthew Poole
.
FINIS.
THE
Miraculous Conformist
: OR An account of severall Marvailous
Cures
performed by the
stroaking of the Hands
of Mr.
Valentine Greatarick
; WITH A Physicall Discourse thereupon, In a Letter to the Honourable
Robert Boyle
Esq; With a Letter Relating some other of His
Miraculous Cures
, attested by
E. Foxcroft
M. A. and Fellow of
Kings. Colledge
in
Cambr
:
BY
Henry Stubbe
, Physician at
Stratford
upon
Avon
in the County of
Warwick
.
Non ideo negari debet quod est apertum; quia comprehendi non potest quod est occultum
.
OXFORD, Printed by
H. Hall
Printer to the
University
, for
Ric: Davis
, 1666.
To his very worthy and Learned Friend
Dr THOMAS WILLIS, Doctor in Physique, and Professor of
Natural Phylosophy
in
Oxford
.
Sir
,
I Doubt not but the fame of the performances of
Mr
Greaterick
may have raised in you a Curiosity to be better informed about the reality thereof. I have given
Mr Boyle
an hasty account thereof in a Letter, which I send now to you, that you may not be ignorant of it. It may seem improper to Dedicate that to one which is sent to another: but whether it be that I am too busy, or too lazy to write more: or that I mannage my friendships with lesse of ceremony and formality then usuall; I have resolved upon this course: and I am confident that if I am in an errour you have goodness enough to passe it by: The suppositions I go upon depend so much upon the Doctrine of Fermentation, that I could not but think of you when I writ it: and who is a more competent judg of the Subject here debated, then the
best
of
Philosophers
, and
Physicians
? It may seeme equitable that I tell you why I call the Gentleman the
Miraculous Conformist
: many strange reports have and do runne of him; but he is reclaimed from all that is
fanatique
; and this gift of Healing was bestowed on him, since the Restauration of his Sacred Majesty, and the restitution of the Doctrine and Discipline of the
English Church: God dealing with him, as the Shepheard in the Parable, who expressed more kindnesse to the lost sheep, being found; then to the ninety-nine that had not strayed
. I have admired much in him, that Diseases carrying so great a resemblance in their Nature, as to be thought the same, and to reside in the same part, are stroaked out divers wayes! That he should be able to tell, that upon his first stroaking the Patient should be worse, and cured by a second: as he did in the Lameness of
Mr Thomas Porter
, my very worthy and good Friend: He told him, he could not
set
his Legge
anew
; but that he would Cure his paine therein; yet at first it would seem worse then before his
touch
: which proved true; and yesterday I was with him in
Worcestershire
, and found him able to walk three miles without pain. You see how here his
touch
strengthned a part, that was incurably weakned by being broken, and ill set: so that the painfulnesse seemed inseparable from the misfortune occasioning it. I submit all my explication of the accident to you: if you read it over twice, you do more then ever I had the patience to do: I know many imperfections will occurre in it, some whereof were voluntary, knowing that the Learning of the Person I writ to, needed not to be trouble with petty Illustrations: Some defects have happened through haste and inadvertency; it being all written with one
impetus
of thoughts and penne, just as I came from
Ragly
. It is nothing to say, some have allready approved the Discourse, if
Mr Boyle
, and you dissent. I have onely time to tell you, that, without the noyse of much talk, and frequent addresses and applications, I shall never cease to admire you, and to be
Stratford
upon
Avon
Febr: 17. 1665
.
Sir, Your very humble Servant
Henry Stubbe.
SIR
,
SInce the best and most agreeable retribution I can make you for the honour you do me in your remembrances, and all your other signall favours, is but to gratify your curiosity with any remarkable intelligence that may advance either Physick, or Phylosophy; I shall endeavour to be as generous in my acknowledgments to you, as you have alwayes been in obliging me. Since my last unto you, my Lord
Conway
did me the honour particularly to invite me to his House and acquaintance, giveing me withall a fair opportunity of conversing with Mr
Greatericks
, and beholding severall of those performances, the report whereof as it gives just causes of astonishment to you that are more remote, so the effects fill with admiration, the most learned or suspicious beholders. In truth they are such, that he is not at all obliged to the ignorant for the esteem he hath acquired, nor is it possible for the most tender or superstitious and censorious Zealots to destroy his repute. He is a man of a gracefull personage and presence, and if my phantasy betrayed not my judgment, I observed in his Eyes and meene a vivacitie and spritelinesse that is nothing common. As farre as I could informe my selfe by a long and private discourse, he is a man of a very good life, of tender and charitable Principles, as extensive as the effects of his goodnesse are. He professeth Conformity unto the Doctrine and Discipline of the
Church
of
England
, yet without that censoriousnesse whereby some signalise themselves; his thoughts concerning himself are
modest
and
humble
, and he presumes so well of
others
, that even in some
colourable circumstances
, he regulates his apprehensions by the
revealed mercies of God
, and not the
severity of men
. In fine, without prejudice to
this Age
be it said, he seemed to me by his
faith
, and by his
charitablenesse
, to include in his
soule
some graines of the
Golden Age
, and to be a
relique
of those times when
Piety
, and
Miracles
were
sincere
. I am more full in this
Character
of him, because some will be very inquisitive herein: though otherwise the
gift of healing
be a
gratia gratìs data
, not
gratum faciens
; and such as may be conferred, on
Judas
, (going to
Samaria
) and others, who at the day of
judgment
shall say,
Lord, have we not Prophesyed in thy Name? and in thy Name have cast out Divels: and in thy Name done many wonderfull works
. I enquired of him, how he came by this
miraculous
gift of
healing
; And he replyed, that it was the
grace of God in him
; which he understood at first by a
strong
and
powerfull impulse
in him to
essay
it: and this motion was so prevalent upon him, that it incessently runne in his minde, nor could any businesse, how
serious
or
religious
soever, divert him from those cogitations: insomuch that even
his life
seemed
burthensome
to him thorough the violence of the supposed
temptation
. He imparted this trouble to his
Wife
, who condemned those
reveries
, and desired him to abandon them: in this perplexity, he heard
frequently
a voyce within him (
audible to none else
) encouraging to the tryals: and afterwards to correct his unbelief, the voice aforesaid added this Signe, that
his right Hand should be dead, and that the stroaking of his left Arme should recover it again
: the events whereof were fully verified to him three Nights together by a successive infirmity and Cure of his Arme. Hereupon he set himself to the
charitable improvement
of that
talent
which
God had given
him; cureing at first onely
Cancers in Womens breasts
, and the
Kings-evil
: after which, by the suggestion of his
accustomed impulse
, he attempted the Cure of other Diseases, according as he found himself prompted thereunto
from within
. He was, and is still a stranger to all
Physique
and
Chirurgery
: In the Cure of
some Tumours
, he useth
incision
, though that processe be but lately taken up, after that he observed that the power of his
touch
did not
discusse
all, but
ripen some humours
. The fame of his performances spread all over
Ireland
and
England
, and multitudes went from
Bristoll
unto him. Hereupon the Right Honourable the
Lord Conway
employes
Deane Rust
to enquire into the truth of these Accidents, and finding
matter of fact
to justify the
relations
from
excessive verity
, he procures him to come out of
Ireland
, to trye if he might give any ease to that
excellent Lady
of his, the pains of whose
head
, as great and as unparalleld as they are, have not made her more known or admired at home and abroad, then have her other endowments. Although his
hand
proved not so fortunate to that Honourable Lady, as was wished (he not being able to
alleviate
or
remove
that
head-ach
, which had eluded the greatest skill, and most effectual remedies, that
England
or
France
yielded) yet did, he during his stay at
Ragly
, atchieve those things which caused him to be followed and admired by many thousands, who if they can say he
sometimes failed
, yet ought not represent him as an
Impostor
. I do not relate unto you the
reports
of
interested Monks
and
Fryers
concerning things done in
Monasteries
and
private Cells
; An infinite number of the
Nobility, Gentry
, and
Clergy
of
VVarwick-shire
and
Worcester-shire
, persons too understanding to be
deceived
, and too Honourable and Worthy
to deceive
, will avow, that they have seen him
publickly
cure the
lame
, the
blind
, the
deaf
, the perhaps not unjustly supposed
Damoniacks
, and
Lepers
: besides the
Asthmas, Fallingsicknesse, Convulsion-fits, Fits of the Mother, Old aches
and
pains
. I know you expect not from me the
Narratives
of what
others
have seen and told me: I shall therefore confine my Discourse to
my own observations
. Although I had not the opportunity of seeing him till I came to my
Lord Conwayes
, yet I found conveniency to visit many that had been
touched
by him; some I observed to have received no help by him at all; some I observed to have found a momentany benefit from his
touch
: and some as yet continue so well, that I think I may say they are Cured. This
variety of successe
amused me something: yet I recollected with my self, how there were some
diseases
, as well as
Devills
, which even the
Apostles
could not cast out: and I could not perswade my self that
Trophimus
was the
onely man
, or
Miletum
the
onely place
, where
Paul
left
any sick
. I considered
this man
to be
no Apostle
, and therefore thought it injurious to expect that
from him
, who propagates no
new Gospell
, which was not to be found in those
extraordinary Envoyes of Heaven
. I saw no
incongruity
in admitting, that
God
, who distributeth
various
gifts amongst the Sonnes of Men, might issue out the
same gift
to severall persons in a
different measure
or proportion.
There are differences of administrations, but the same Lord: there are diversities of operations, but it is the same God, which worketh all in all
, 1 Cor: 12. v. 4,5. Besides, I thought that how
powerfull
soever the
gift
were in Mr
Greatarick
, yet the
sinnes
of the
patient
might sometimes
frustrate
the effect of
his hands
, as well as the
prayers
of the most prevalent Saints,
Moses, Noah
, or
Daniel
. I was apt to believe, that at
Corinth
, there wanted not the
gift of healing
, nor an
effectuall anointing with Oyle
, (James 5:14.) yet did the
misdemeanors
of some draw upon several there
irrecoverable Sicknesse and Death
, 1 Cor: 11. v. 30. However, I did not understand that God
parted
so away with
his gifts
, as not to
reserve
a paramount command over them still; and I
thought he
might as well
glorify
himself in the
continuance of some blind
, as in causing some
to be borne so
, without regard to their particular sinne, or that of their Parents. These faylours in our
Thaumaturgus
, ought rather to make men look upon, and take notice of the
omnipotency of God
, then censure the
deficiencies
of a
limited Creature
. From these reflections I posted on, to the consideration of the
reall
and
undeniable performances of his hand
. I saw him put his Finger into the Eares of a man who was very thick of Hearing; and immediatly he heard me when I asked him very softly severall questions. I saw another whom he had touched three Weeks agoe for a Deafnesse in one Eare, whom I had known to be so many years: I stopped the other Eare very close, and I found him to hear very well, as we spoke in a tone no way raysed beyond our ordinary conversation. I saw him launce a Wenne that covered the Eye of an old man; there issued out abundance of matter in smell, and consistence, and colour, resembling a rotten-Egge; after which he crushed out the lesse digested matter, which resembled the Braines of any Creature: which being done, he stroked the place gently, and the flux of blood, and pain (which was great by reason of his crushing it hard) presently ceased.) I saw yesterday another Woman, in whose Throat, just by the Wind pipe he launced a Wenne, and haveing crushed out the digested and indigested matter, and stopped the paine and effusion of blood by some strokes of his hand, he bad her put nothing to it but a linnen Cloth: when I saw it, the Wenne was perfectly gone, and the baggs or skinne encompassing it so shrunk up by nature, that there remained nothing but the skarre after incision. I asked him concerning Wennes, whither upon his crushing and launcing them so, they would not fill again: he answered me,
No: but that Nature, as she doth in other Tu mours, would so shrink and contract the skinne encompassing the VVenne, that there should remaine no signe of it, no not a wrinkle
, which I was apt to believe, from what I had seen. I saw a Child brought to him, whom he had stroked before, and it was much amended; but one Tumour upon the right Arme (near the Elbow) was extreamly painfull and inflamed: he Stroked it, and launced it, and crushed out all the matter, even the indigested cores; and Stroking it, the paine and inflamation ceased immediatly, not one drop of blood issuing out after that. I saw another Legge, that upon his Stroking, had very much abated the swelling: the whole Foot to the Ankle was swell'd and inflamed, many holes there were in it, but there issued little or nothing from them: he took it and crushed it extreamly bringing out much blood, and indigested matter in cores as big as nutmegs: and then stroaking it, all the paine and flux of blood ceased: but the weaknesse being habituall to the part, was not removed at that instant. I saw a Woman taken with a violent fit of the Fallingsicknesse; he came to her, and causing her breast to be opened, and chafed her Stomack with his Hand a while, presently her paroxysme abated; and he asked her whither the paine was gone; she pointed to her Throat; and indeed she seemed as if she were in danger of being strangled there: he Stroked her Throat lightly, and asked where her paine was? she poynted to her Breast; he stroked that; and then she made signes that it was returned to her Throat: whereupon he Stroked with his hand upwards her Breast and Neck, and she began to belch winde with such a vehemency, that is scarce to be imagined: and withall streyning as it were to vomit, she brought up some crude phlegme, with an infinity of winde, and then rose up well to her thoughts. These were the principall things I saw him do, he being then upon his departure for
London
: but I received from himself, and others sufficient accounts, that he had Cured almost all manner of distempers, even QuartaneAgues, and Feavours: and whosoever shall seriously consider the things he doth performe, will not finde in reason any thing to stop his Credulity.
I might now end this Letter, and leave You, & those other worthy members of the
Royal Society
to determine concerning these Effects, which I apprehend miraculous: but since the Freedome, You allow me with you, permits me to speak any thing, I shall, without derogating from the power of God, and with all due Veneration to so extraordinary Characters of his Goodness, propose unto You some Thoughts, which occurred to me hereupon: as confused as they are, they may administer to others some occasion of greater Enquiries.
I considered, that there was no manner of Fraud in the performances, that his Hands had no manner of Medicaments upon them, (for I smell'd to them, and handled them, and saw them wash'd more then once after some Cures, and before others,) nor was his Stroaking so violent, as that much could be attributed to the Friction.
I observed, that he used no manner of Charmes, or unlawful words; sometimes he Ejaculated a short Prayer before he cured any, and alwayes, after he had done, he bad them give God the Praise.
I did not remember, that ever the Devil did cure any Diseases; no not when his Glory was concerned in it, as in the Magicians of
Pharaoh
, upon whom the Boyl was,
Exod
. 9.11. wherein you cannot object any particular interposition of God, any more then in the other accidents, whereby the Magicians were suffered to try their skill against
Moses
. I knew, the Devil went about seeking whom he might destroy; that he plagued
Job
with Botches: but where are the Examples of his Cures, or when did he ever do any Good, and ascribe the glory unto God?
I reflected upon the Performances of King
Pyrrhus
, who cured Diseases with his Finger: so did
Vespasian
cure two by touching them, as
Tacitus
and
Suetonius
avow: so the Kings of
England
, and, some years after them, the Kings of
France
have not been doubted generally to cure the Kings-Evill. Queen
Elizabeth
did, for some time, discontinue the Touching for the Kings Evil, doubting either the Success, or Lawfulnesse of that way of Curing. But She soon quitted that Fitt of Puritanisme, when the Papists defamed her, as if God had withdrawn from her the gift of Healing in that manner, because she had withdrawn her self from the Roman Church. There are some who think, that God hath bestowed upon all Kings some such Character or Gift, to shew, how particularly he is concerned for them, and differenceth them from other men; but they know it not.
From these cogitations I descended to the
Alexicaci, Salutatores
, or
Bensedevios
, of which the Roman Casuists and Physicians speak much: I must referre you to
Delrius
for your farther information; for my memory fayles me so, as I cannot give you an account of them so full as I would. They cure by Anointing with their Spittle, by breathing and stroking of the patient.
Rodericus à Castro medic: polit: l.
4.
c
. 3. allowes of the verity of their Cures, by replying nothing to this objection in favour of them:
In confirmationem adducunt experientiam & varia curationum genera mirè frequentia, & praxin quotidianam militum qui solo afflatu, osculo, aut nudi lintei applicatione sanant etiam atrocissima vulnera, qui omnes dono sanitatis in variis morbis se præditos gloriantur
.
In
Turky
also, and
Afrique
, they have persons of the like qualifications, which they boast to have received from the favour of their Prophet
Mahomet
. But undoubtedly God hath permitted all Religions (though not the Protestants, till now) to have their reall Miracles, that men may learne to trye Miracles by the Truth, and not the Truth by Miracles.
I considered likewise the Nephritick and Eaglestones, and several other Amulets and
Periapta
, whose operation is certain and undeniable: yet could not all these Considerations instruct me further in the Explanation of these Miraculous Accidents, then to conclude,
That God had bestowed upon Mr.
Greatarick
a peculiar Temperament, or composed his Body of some particular Ferments, the
Effluvia
whereof, being introduced sometimes by a light, sometimes by a violent Friction, should restore the Temperament of the Debilitated parts, re-invigorate the Bloud, and dissipate all heterogeneous Ferments out of the Bodies of the Dis eased, by the Eyes, Nose, Mouth, Hand, and Feet.
I place the gift of healing in the temperament or composure of his body; because I see it necessary that he Touch them, or otherwise rubbe their Eyes with his Spittle. Besides, the right Honourable the Lord
Conway
observed one Morning as he came into his Lordships Chamber, a smell strangely pleasant, as if it had been of sundry Flowers: and demanding of his man what sweet water he had brought into the Roome, he answered,
None
: whereupon his Lordship smelled on the hand of Mr
Greatarick
, and found the fragrancy to issue thence; and examining his Bosome, he found the like scent there also. But this is observable, but at some times, for I could observe no such scent in his Hands.
Deane Rust
observed his Urine to smell like Violets, though he had eat nothing that might give it that scent. Sr
Amos Meredith
who had been his Bedfellow, said, that in the Night he had observed the like agreeablenesse of smell in Mr
Greataricks
Body, at some houres.
I place it in the temperament of his Body, because I have the precedent of Ancient Miracles, and Moderne ones, wrought by the efficacy of a Corporal Touch. Besides it is evident how several Diseases are contracted that way: and why may not some benigne and wholesome
effluvia
be communicated in the same manner? As there are some, who are said to fascinate by their Aspect, so
Rodericus à Castro Med: polit:1.
4.
c
. I. saith,
è converso quosdam esse quorum Oculi creduntur habere vim beneficam ad res inspectas: vulgo Benzedeiros.
I remember the Presbyterian Assembly of Divines say that nothing more kindly restores decayed Nature, then the Embraces of an
Abishag
, of a young, spritely and Beautifull Damsell, as you may see in their large Notes upon the first Chapter of the first Book of Kings.
To explaine the nature and manner of Mr
Greataricks
working upon the patients for their Cure, I shall premise some things.
First, That all the Diseases and distempers Mr
Greatarick
meddles with, have their essence either in the masse of Blood and Spirits (or nervous Liquour) or in the particular Temperament of the parts of the Body.
Secondly, That of the Diseases and Infirmities which he meddles with, he Cures none wherein there is a decay in Nature, but onely such as wherein she seems only oppressed by some Heterogeneous Ferment, either exciting an Ebullition and paine, or Coagulating and fixing the blood and spirits. This is a confessed truth by him, he refusing still to touch the Eyes of such as their sight is quite perished: so for Eares that are Deaf upon any such accident that hath extinguished the Naturall faculty of the part. And there being the same reason for inward distempers as to their causes, his fayling as to many, and the relapse of many after a momentany amendment is to be ascribed to this cause: as I shall shew further by and by.
Thirdly, It seems to me very imaginable that there may be given by God such a Natural Crasis and Effluvia consequentiall thereunto, that the stroaking with his Hand for some space so as to communicate the
Virtue
Vertue may restore the Blood and Spirits to that vigour and strength which is naturall to them, and resuscitate the contracted imbecillity of any part. That which makes me to conceive this, is, that I observe that there are things outwardly applyed which by their opposition to particular Ferments do destroy severall Distempers, not onely inwardly taken, but outwardly applyed: as the Cramp rings and small
Manati-stone
the Crampe: the
Nephritic-stone
drives out gravel, and the Stone:
Peony-roots
gathered in due time, the Epilepsy: There are severall things which outwardly applyed revive oppressed Nature, not onely as Odours, but by friction, and outward application: this needs no Illustration. Having these grounds to confirme me in the manner Medicaments may operate, methinks I can as easily comprehend that there may be a Medicament (and whether that be a Man, or a Stone, or a Plant, it is all one) which may invigorate the blood and spirits so as to continue that work of Circulating, Depurating, and Sanguifying, as before the oppression they did: provided there be no essentiall distemper contracted, but that Nature be oppressed onely, not destroyed wholly, or in part: for so farre as Nature is mutilated and destroyed, the reparation of that essentiall damage is possible onely to God, or such as he hath obliged in a more eminent manner then Mr
Greatarick
pretends unto. This last imagination of mine cannot seem more irrationall to any man, then the Learned'st men of the last Age both Divines and Casuists, thought all sorts of Amulets: and I am sure I can bring for Mr
Greataricks
more Expe riments then all this Age can shew to justify the received Amulets, and Cataplasmes: for if I argue from visible effects, no Amulet or Periapt ever produced more evident Testimonies of its force, then Mr
Greataricks
hath rendered of his Efficacy. And if they go to explicate the wayes and means whereby those Amulets work; the notion I have concerning Mr
Greataricks
is the most facile, for I imagine no more to be in him, then a particular Temperament, or implanted Ferment, which upon his touching and stroking shall so farre invigorate the blood, spirits, and innate temperament of the part (Nature being onely oppressed) that they performe their usuall duties: This being done, it is Nature Cures the Diseases and distempers and infirmities, it is Nature makes them fly up and down the Body so as they do: they avoyd not his Hand, but his Touch and stroke so Invigorateth the parts that they reject the Heterogeneous Ferment, 'till it be outed the Body at some of those parts he is thought to stroke it out at.
Considering that our life is but a Fermentation of the Blood, nervous Liquor, and innate constitution of the parts of our Body, I conceive I have represented those hints and proofs which may render it imaginable that Mr
Greataricks
by his stroking may introduce an oppressed Fermentation into the Blood and Nerves, and resuscitate the oppressed Nature of the parts. I now proceed to shew that those effects which are so admired, upon the stroaking of Mr
Greataricks
Hand,
viz
: that the paines flye before his Hand, untill he drive them out at the Fingers, Mouth, Eyes, Toes,
&c.
are the effects of Nature invigorated, and not immediatly of his Touching.
I saw him Stroke a man for a great and setled paine in his left Shoulder, which rendered his Arme uselesse: upon his stroking it the paine removed instantly into the end of the musculus Deltodes: being Stroked there, it returned to the Shoulder again: thence (upon a second Stroking) it flew to the Elbow, thence to his Wrist, thence to his Shoulder again; and thence to his Fingers; whence it went out upon his last stroking, so as that he moved his Arme vigorously every way. I asked Mr
Greaterick
about the Courses, pains, and diseases took, to go out of the Body: he told me, he could not tell what course any pain or Disease would take to go out: that the wayes of God were unsearchable: that, it was not in his power to force them any way, but that he followed them onely, and if the party could not tell where the paine was (for such are onely stroked out) he could not cure them, nor were they cured, but eased if it came not out. Of this I saw an instance in a Woman, whom the Falling sicknesse by its long continuance (joyn'd with Melancholly) had infatuated so as that being out of all Fits, she could not tell what ayled her: she falling into her Fit there, he opened her Breast and with a few strokes reduced her to her self, but she not being able to tell what was become of the paine she had felt, he could proceed no further then to remove that Paroxysme.
How Nature may cause those irregular motions of pains backward and forward shall be my next enquiry. Where bold and commanding Medicines are not made use of, it is Nature, not Physique that cures Disease: we are but Servants to Nature, to remove im pediments, or strengthen her that she may effect the work: upon this account it was that the Ancient Physicians were so cautious to distinguish the times of Diseases, and to instruct Practitioners what they were to do at the severall times, when to moderate the dangerous symptomes, when to Purge by Stoole or Urine: they were to attend unto Concoction, and not to meddle much before, except in case of Turgency. When they proceeded thus warily, there were severall Translations or removals of Diseases and paines (
metarrhyseis kai metastasteis kai metabolai nousōn
) which are now scarce observable by reason of the Minoratives, the Purges, the Vomits, and other Physique which is given, not because it is best, but because in fashion. In those times when Nature was so left to her self, I observe severall Translations or removeals of Diseases which came into my mind when I saw the effects of Mr
Greataricks
Stroking.
Hippocrates
in his
Epidem
:
l.
6.
part
. 3. [sect] 34: tells us that the Gout ceaseth if a man fall into the Colique, and that fit of the Colique abates as his Gout encreaseth. Thus Nature removeth the paine. So in his Aphorismes he tells us that long Feavers Terminate in swellings and pains of the Joynts. And elsewhere,
That a Dysentery suppressed creates an Apostemation in the Side, Bowels, or Joynts. That swellings of the Spleen and Bowels, or inflamations thereof, frequently terminate in Joynt-aches. So Quartane-agues often Terminate in the Gout
. It were infinite to relate out of
Hippocrates
the Translations and removals of paine which he relates,
viz.
of Coughs, and Asthmas, falling into the Joynts, and Testicles: of Ulcers and outward distempers which have removed into the Head and Bowels. All the Prognosticks illustrate this: nor can any man be ignorant of the translations of Humours and paines from noble to ignoble parts, and from ignoble to noble ones, nor of the alteration of distempers upon such translation of the Morbifique Matter, as of Asthmas and Coughs turning to the Gout, or Tumour of the Testicles: of Agues turning into pains in the Joynts; of Feavours ending in a Parotis, or other abscessus. Not to mention the vagrant nature of Humours in the beginning of Diseases, when they are Turgent, and continually vary their station.
These Considerations made me think that God had been pleased to bestow upon Mr
Greataricks
such a Complexion and Temperament, that his Touch or Stroking should instantly maturate Diseases, or render them Turgent, whereupon the part touched being strengthned, and the blood and spirits Invigorated, the Heterogeneous Ferment or paine (which if not occasioned by some evident and externall cause, is caus'd by an Heterogeneous Ferment) is expelled from the corroborated place to some other more weake: that being corroborated, it is driven upon another, and so on, till it be quite ejected. If the Disease be such as lies in nothing but a Dyscrasy of the part, it is cured without any such removeall of paine: and so for such Coagulations of the Nervous liquor (as in Palsyes,
&c.
) there is no such removeall of paine and pursuing it: either because they are not Dolorifique, or that they Transpire in the part.
There remaine yet two things to be debated,
viz
: 1. How comes it to passe that these Heterogeneous Ferments removing thus by the force of Resuscitated Nature, do not terminate in Apostemes, or issue out in some grosse Body; but go out in a vapour and invisibly? 2. How comes all this to happen in so short a time?
To the first I answer; That it is not unusuall for Nature to discharge her self of Heterogeneous Ferments by insensible Transpiration, as well as Apostemes, Sweat, Diarrhæa, and Urine: so the Mesels are cured: so many Crude and hard Tumours: and in this Plague few swellings broke, yet were they cured. Nor is it to be said, that the matter occasioning those Tumours was discussed so as to be reimbibed in the blood againe: for in the Plague the recurses of the Pestilentiall Ferment are Mortall: and such as took Powders and Antidotes gently promoting a Diaphoresis, (not sweat) escaped: they who did not, dyed with those Bubones. It is an effect of prejudice occasioned by the contemplation of the usuall effects of Nature, and not of Reason, to imagine that the Morbifique cause consists in a grosse Body, because it is often evacuated so: It is usuall for those subtile Ferments so to commix themselves, and to occasion that transposition of Parts and Texture, that Nature cannot eject the one without the expense of the other. Thus we see that Beer or Ale in its Fermentation or Working casts out aboundance of Barme, yet is not that Body the Ferment, but it is implicated and incorporated therewith, for with it there issues out aboundance of Beare, so that the Brewers either pover the same, or new in again to fill up the Barrel. If the same Ferment be precipitated by Vineger, or Allome, there is not the like diminution. So
Kergerus
saith, that in
Germany
they put common Salt, or cold Water into their Bear, and precipitating the Ferment make it potable presently.
Kerger.
de ferment.
sect.
2. c. 8. p. 139.
Many such instances are to be found in Dr
VVillis
and
Kerger
; which sufficiently evince that the Ferment is distinct from the grosse Body it comes out in. So in Diseases, however some have vainly imagined to themselves a maturation of them, and that the Morbifique matter being concocted issued out in that white Hypostasis at the end of Diseases; yet is it no such thing, nor is there any such concoction in Nature as they phansy: but the Morbifique matter or Ferment, being intimately commixed with some good and profitable parts of the Blood and Humours, is ejected together with them, according to the nature of the Eumuctory, by which the Crisis or Metastasis is made, or the nature of the Bodies constituting that humour. Nature dealing therein just as she does in the Fermentation of Beer and Wine, in the aforesaid
Kerger
, and Dr
VVillis
: whence proceed their wayes of curing Agues by Precipitation of the Morbifique Ferment, without any such Evacuations of grosse Bodies. This Paradox appeares further by the several Crises of Diseases, sometimes by Vomit, sometimes by Stoole, sometimes by bleeding at the Nose, and Sweat. In all which circumstances the Urine shew one sort of Concoction, whilst the Morbifique Ferment issues out severall wayes in severall Bodies. Nor is it to be doubted I think that all grosse bodyed Ferments have their Virtue and efficacy from a subtile Body which is no more in that grosse Body, then the Spirit of Sugar is in Sugar: of which See
Angelus Sala's Saccharologia
: many other instances might be given, as that, if the grand Ferment were a grosse Body, how comes it to evaporate (as I have seen in the Distillation of Sugar, Sugar-cance-juyce, and other Liquors Fermented for Spirits) without any diminution of the Liquors? From all which it appears that one may conceive how upon the efficacious Touch of Mr
Greataricks
, he resuscitating the Blood and innate Temperament, the Morbifique Ferment may be ejected; and the remaining grosse Body, by a Transposition of its Texture and a new impregnation of Vitality be reimbibed into the Blood, and become nutritious. Thus he cures Asthmas, all the obstructions from impacted phlegme in the Lungs being discharged, and the phlegme Naturalised. But if the grosse body of the Morbifique matter be Incorrigible and Preternaturall, then the efficacy of his Touch doth not discusse them, but the strengthning the part and Nature, the whole collection is separated and ripened, as I observed: which appears in Wenns, and scrophulous Tumours, some whereof he maturates, and others are discussed.
To the second Question, how all this happens in so short a time? I answer, that it is the efficacy of the Ferment implanted in Mr
Greataricks
Body. We are not to deny powerfull causes proportionate effects. We are all Indians and Salvages in what we have not accustomed our senses: what was Conjuring in the last Age, is Mathematiques in this. And if we do but consider the sole effects of Gun-powder, as it is severally to be used, and revolve with our selves what we would have thought if we had been told those Prodigies, and not seen of them; will we think it strange if men think the actions of extraordinary Ferments impossible? Here I might instance in the effects of Poysons, from Macastar, and Brasil: but the acts of sensation, of paine, sufficiently shew the effects of suddain causes: that Lipothymies and shivering should happen upon a fright, a touch of cold Water, or a pinch: that Tumours should in an instant imbody to a great bulke: that in such as are Planet-struck (or said to be so) all or any of their Limbs should be taken away: these are such events (that if we could not alleadge Amulets and outward applications to produce a suddain alteration for the better) would make it seem credible that there may be as powerfull means for mans Recovery, as his Sicknesse. I forbear to mention the suddain effects of Sleep and Waking, Freezing and Thawing: or of Heat and Cold; all which would illustrate the suddaine and powerfull motions of Nature.
SIR
,
I shall now draw to a Conclusion, having given you by these impertinencies a greater trouble, then my self in Writing them: I knew not how to entertain my self better, nor you worse: But I am sure that the suppositions I have made agree exactly with the Phænomena of Mr
Greataricks
Cures. And from hence it is easy to judge why some are not Cured; others finde but a momentany alleviation, and some are perfectly recovered. All which are undeniably true: let any man salve these accidents more agreeably then I have done,
Et Phyllida solus habeto
.
It is worth consideration, Whether such as come unto him ought not first to advise with a discreet Physician, what their Distempers are, and where Originally seated; the better to direct him in his Stroking. For it is not unusual for the Disease to be seated in one place, and to discover it self in another by the Symptomes, in regard to which they have recourse to him only: for in such cases, if they have no better successe then such have who meet with ignorant Physicians, that go about to cure Symptomes without regard to the principall cause, it is no marvaile if they are not Cured. Thus I have observed some, who upon a giddinesse, and qualmes of the Stomack, occasioned by Hystericall vapours, have been stroked by him severall times (without any, or inconsiderable benefit) in the parts sensibly affected. So in the Kings-evil, I have observed some that have received onely a momentany advantage; onely because that such Diseases affect the Mesentery with glandulous Tumours, as well as the outward parts: and if the whole Morbifique Ferment be not expelled, the Disease recurres:
paululum fermenti totam massam fermentat
.
Valles: Method. Med. l.
3. c. 3.
Another thing to be considered by the Patient to be stroked, is, that there may be a complication of Diseases, in which the Cure of one may be impeded by another: as in the Spleen and Scurvey,
Eugalenus
and others observe: so in Sore-eyes occasioned by the Evill; or a suffusion proceeding from an Acid or Nidorous quality in the Stomack: and many Diseases whereto Malignancy is joyned. In these cases the Heterogeneous Ferments may be united in a looser way, and upon his Touch separate, and whilst the one is driven out, the other may remaine in the Body, and by unloosing the Texture of the Body of the blood, and other Humours, give opportunity for more
formæ subjugatæ
(of the same kind with the former) to discover themselves. In like manner, it is possible that where the Morbifique Ferment is not sufficiently united and imbodyed, so as that one part ejected by way of Similar Attraction (I confesse I must favour that Phylosophy, from the Phenomena of Physique and Nature too) his Touch may disunite those incoherent Corpuscles, and the patient not regarding the smaller and scarce sensible paines (the which depends upon the parts and Humours the Ferment incorporates with) may direct him to pursue the most afflicting paine (which may not be the greatest) whilest the other remaines in the Body, and afterwards occasions the same distemper: or perhaps another whose paines may so resemble the former, that we may take it for the same: as our senses discerne not betwixt the Salt of one Plant and another, or betwixt the cauteriseing with Iron, or Gold; but there is a difference herein, which by effects a diligent and curious observer may discover. Concerning these intimations I discoursed with Mr
Greataricks
, who seemed well satisfyed with them; and did thereunto willingly ascribe severall miscarriages and Faylours.
Another thing I proposed unto him, was, whether after that he had touched severall persons, and diminished the Preternaturall Ferment, or diverted it, (and put the Humours into a Turgency) whether it might not be convenient to Vomit, Purge, and take those courses Physique directs us unto. And from this he was so little averse, that in my hearing he recommended to a Gentlewoman the taking some
Cochiæ
Pills, after he had touch'd her Eyes. I asked also if after he had dissipated and repelled a setled Humour, it might not be convenient to corroborate the Part with
Topicks
; which he approved of, and though but to few, I saw him give Eye-salve to some Patients. You know what pains wee Physicians take in Revulsions and Derivations of the Humours Morbifique from severall Parts: and do not you think a great part of our work were done, could Mr
Greaterick's
miraculous Touch remove (or put into motion) those Humours we cannot repel, or stirre? Let us, Sir, be just and ingenious; and confesse that this Antichrist of Physicians may be of the greatest service to them in the World, if they preferre the recovery of their Patients before their Credit, or Rules of Art.
Rara non sunt artis
. You have observed how great things Nature does, when alleviated; and the effects of that principle of Restitution, when the prohibiting causes are removed.
As to the allaying of paines after crushing of sores, or bruises: and the miraculous stanching of Blood: I think both them depend upon the restauration of the Temperament of the part and Blood: As to pains it is easy to grant this. And as to the effusion of Blood, you know there is a Balsame in it which heales it self: to illustrate which, I recommend to you a Note of
Platerus
in his Observations (I want my Library) how an Hangman of
Basil
cut off mens Hands, and stopped the Bleeding of the Veines and Arteries by slitting the Arse of an Hen, and thrusting the Hand into it. If this do not convince you, the Discourses of Sympathetique Cures may do it: especially an Observation of
Panarolus
, may convince you that such steemes (as vapours) may effect it; which is the reason why I assigne not one Ferment to him, but think there may be more: which yet may not produce their effects in every case, nor exert their influences in all cases no more then the Menstruum upon a disagreable occasion produce all its effects. This needs not to be illustrated to you.
I think I have now rendered you a tolerable account of this Miraculous man, of whom I dare make that Proclamation which a Roman Emperour did upon the occasion of the
Ludi seculares
, or sports celebrated once in an hundred years. Come, and behold, what no man living hath seen, or shall see again. I would not be understood to derogate from this miraculous Gift; nor yet ascribe more unto it, then I ought, lest I should hear the reprehension in
Job
;
Will you tell a lye for God?
There are a sort of men (if they were onely Women, it were tolerable!) that think it not lawfull to have recourse unto his Cures. Though I have already too much cause not to entermeddle with Divinity, or cases of Conscience any more, yet I cannot but take notice of their Principall Objection: for to say that Miracles are ceased is a groundlesse folly, if not a disingenuous impudence in giving the Lye to several Histories of various Religions.
They say,
Whatsoever is not of Faith is Sinne
: that it being impossible for them to be convinced, that this man works by the immediate gift of God; they cannot repaire to him lest they be found to repaire to a delusion of the Devil. But I reply; That the principle of doing nothing that is not of Faith, is sufficiently invalidated by Mr
Hooker
in his
Church-Policy
: and it is a Principle hath occasioned so much of Troubles in our State, that I wonder it is not layd aside. In
Moral Philosophy
(which is not established on
demonstrations
) and Physique I am sure it will put us all to confusion; for who knowes the efficacy of things Naturall? how Purges and Vomits
&c.
do worke? Nay, who knowes whether second causes have any effect, but that God doth operate
ad præsentiam causarum secundarum
? as the admirable
Durandus
held. And may not the
Divel
do so? How shall this be reduced to
Faith
? I am sure, and have seen things ascribed to the Divel, that it is now confessed have another Originall. Did all that came to
Christ
, believe in him? you know the story of the tenne Lepers: if to come to Christ, were not to believe in him further then that they thought he could Cure, since they saw him Cure, how is it in Mr
Greataricks
? The thing they come for, is
good
; such as may be begged of God: there is nothing evidently unlawful practised about them: where is their
Charity
, that thinks no Evil? where is their
Divinity
, that think a
good and perfect work
should come
elsewhere
then from Heaven? If the case be not to be tolerated, because not ordinary: as there is but one Mr
Greatericks
, so there is but one Sunne. To be extraordinary, hinders it not from being consistent with Faith; but to be unlawfull, or absolutely impossible: as to impossibilities, we know not what is impossible with God, or Nature. And for the unlawfulnesse thereof, let Mr
Greatarick's
works bear witnesse of him. If he doth the things that never man did, except Christ and the Apostles
&c.
judge what we are to think.
I conclude with this Apology for my recommending some Physicall directions after his Stroaking: that it takes not off from the Miracle, no more then that God gave the gift of Tongues to the Apostles, yet needed they Rhetoricall instructions to imbellish their Language. St
Paul
was
balbus sermone
: and you know that the polite style of St
Luke
evinces the imperfections of the Language in the other Writers of the NewTestament; as
Isaiah
disgraceth
Amos
in the Old.
All things are not given to all men in perfection: but the gifts that are given to every man, are given them to profit with
. I begge your pardon for the tediousnesse as well as rudenesse of these lines; since by them I expresse my self to be
Stratford
upon
Avon Feb:
18. 1665.
Your affectionate humble-servant
HEN: STUBBE
:
A BRIEF RELATION OF THE Life and Death Of the late Famous Mathematician and Astrologer, Mr.
Vincent Wing
. TOGETHER With his Nativity, as it was done, many years before his Death, by his own hand; And now for general satisfaction, made publick.
By
J. G.
Philomathēmatikos.
Quum Moritur vir, an revicturus est
?
Job. 14. -----
Et Mortuus adhuc per hanc loquitur
.
Heb. 11.
London
, Printed by
T. Milbourn
for
John Stephens
in
Westminster-Hall
, 1670.
ERRATA
Corrigenda
.
Some other slight faults are escaped, which the Author presumes the Candid Reader will of himself Correct.
To the Honourable
Edward Deering,
of
London
Esq; His
Majesties Merchant, and Receiver General
of his
Majesties Revenues
in the Counties of
Kent, Essex, Surrey
&c.
Honoured Sir
,
NOt only your acquaintance with the
Sciences Mathematical
, and the many profitable Labors of the
Industrious Person
, whose
Life
I here publish, but your known affection to all the
friends
of URANIA, hath invited me to this
address
: As also to return my humble thanks, for that you were pleased lately in a Company of
Giant-like
, yet
ignorant opposers
, as well
Nobly
to favour the
Truths
of
Astrology
, as
courteously
to
own me
and my
meaner Arguments
in
its
behalf. In which
contest
, by your prevailing and
sinnewey Reasons
, you so far wrought upon their
Passion
and
Prejudice
(little than a
Miracle
;) that at length those angry
Opponents
(although some of them were
men
otherwise
learned
, and
Elderly
too) began ingeniously to acknowledge, that they had never heard so much
discourse of Astrology
in all their Lives; and therewithal frankly
engaged
to enquire into the
grounds
of that
Science
, before they believed any more reports against it. A good
president
for all that are
Enemies
to any
truth
upon the bare
hear-say
of others; or, because the
ignorant Multitude
(as taught by the supercilious
I mean only the Angry
presbytes
who of all men most emulates Astrology; and yet huggs an opinion an 100 times more ridiculous than any one principle thereof; nay, directly untrue;
Viz.
that of
Prædestination
in the most
terrifying
sence.
Man in Black
) have
declaimed
, or rather
snarled
against it.
Vox Populi
is not alwaies
Vox Dei
; And
Truth
is too
Coy
to be
courted
by the
Rabble-rout
; She hath
select
Favourites to whom she dispenceth her
Graces
.
In your acceptance of this
Dedication
, you will help to preserve to
posterity
a true
Son of Science
; One, whose
Industry
was such
that Ages will scarcely Equal
. And yet (Sir) not so much protect him, as that mean
Piece
, I have in, the following
History
drawn of
him
, scarce to the
Life
I confess. My
numbers
are too
immusical
to sound forth his
worth
; And my
Colours
(now like his
Ghost
) too
pale
and
lifeless
, to express his
great Deservings
. Mr.
Wing
was his own best
Herald
; And his
Fame
will
live
for
ever
, in his
own works
. What I have done, is only to pay a
grateful respect
to his
Ashes
, as he was my
friend
, that
future times
may find, he had
some
who were
contemporary
with him, that knew how to
value him
and his
merits
. If therefore (Sir) you will vouchsafe
me
but a corner of the
Mantle
of your
Nobler Reputation
and
Favour
, for my
defence
, you will thereby, at
once
, keep Mr.
Wing
warm in his
Coffin
, and
cover
the many
imperfections
of
him
, who (thus endeavours to
embalm his memory
, against the
Flesh-flies
of
Envy
and
Detraction
; and) esteems it one of his
greatest Felicities
, that he hath an
opportunity
to entitle himself,
Honoured Sir Your
real Servant
and
Honourer
, J. Gadbury. From my study in BrickCourt by the DeansYard Westminster.
SOME REMARKS ON THE LIFE and DEATH OF Mr.
VINCENT WING
, Compared with his
Nativity
.
MR.
Vincent Wing
was born at
North Luffenham
in the County of
Rutland
, in the Year of our Lord 1619. on the Ninth Day of
April
, at Five Hours Forty-Eight Minutes
P.M.
or Afternoon. He was a
branch
of an honest and virtuous
stock
: as proceeding from
Parents
rather
good
, than
great
; who, with their
Ancestors
have been long seated in the said Town of
Luffenham
, en joying a greater blessing in their continued and setled condition, than many others in the Multitude of Riches:
Mr.
Wing's
Ancestors 1st came out of
Wales
, and settled at great
Panton
neer
Grantham
in
Lincolnshire
, and neer 100. Yeares since Planted themselves in
North Luffenham
, and as I have it ascertain'd me from an honorable hand, there have bin of
them
in that place three Generations successively, with himself.
It frequently happens that far greater Families oftner change their Seats; & somtimes, (in much shorter space) do also lose their Names.
A
fixed Habitation
, being even the mightiest Mercy that
Fortune
can bestow upon
Mortality
; and so characterized by
GOD
Himself to
Moses
in the Mount. Whereas a
wandring
or erratique condition, or course of
life
, either in
Persons
or
Families
, is, not only a
reproach
, but a
Curse
to
them
that undergo it, and their
future Generations
. And this
Cain
in the beginning of time, and the
Jewes
since the
Death
of our
Saviour
have, by a long, and miserable experience, found
certain
and
true
. But Mr.
Wing's Family
, hath been happy above many
other Families
, in the inheriting so peculiar a blessing; and yet not more fortunate therein, than in the bringing forth this their
ingenious
and
industrious Son
: Who, from his own
merit
and endeavours, (with
God's blessings
thereupon) hath, not only preserved, but much augmented the
Reputation
of his deserving Predecessors; and so
firmly planted
his
Name
and Memory there, leaving to his
Posterity
, an Estate and Fortune considerable to support and maintain it, should their after endeavours be wanting thereunto; of which, I am (credibly) informed, there is at present no just cause to doubt.
Where a
large Purse
, or ample Fortune to a
Father
is wanting, the
Son
, though never so prompt and meritorious, must be content to miss of a
liberal breeding
; and thus it fared with Mr.
Wing
: whose
Lot
it was to be of capable years, and fit for
Learning
, even in the
worst
of
times; Viz.
at the beginning of
our late unhappy Confusions
: When
Rebellion
was opposed to
Loyalty; Plundering
and
Free-Quarter
to the providing for, and
advancement of Posterity
; The
Pistol
and
Pole-Axe
to
Terence
and
Tully, &c.
Mr.
Wing
wanted an Academical Education; and the reasons thereof.
And every
well-meaning Person
(though of a Fortune competent) had enough to do to
shift
and
provide
for
Himself
. In which unhappy, (and perhaps unheard of) Calamity, Mr.
Wing's
best
Friends
and
Parents
sharing, were the more disabled for pursuing his
promotion
and encouragement in
Learning
. But although it was his luckless Fortune and unhappiness, to want an
Academical Education
; yet such was his
Natural Inclination
and
Propensity
to an acquaintance with
Letters
, that by his
own Industry
, and
study
, he had in time, conquered a competent Portion of Learning,
Viz.
A
perfect acquaintance of the Latine Tongue
, and a moderate understanding in the
Greek, &c.
Dominus Ascendentis applicatus Domino
M.C.
existenti in sua exaltatione, decernit Natum ex se ipso honores cumulaturum
. Argol.
134 P.
By which happy advantages, the
greatest
and most
critical Authors
and
Masters
of
Astrologie
, and the
Mathematiques
, in their own Language, were no
strangers
unto
Him
. From whence we may collect this true and modest Observation.
< -
"That Mr.
Wing
was born a Scholar, although not bred, or made one; and therefore preferrible before many Thousands that had the gainful advantage of an
University Learning
, and yet were not there with capable of
matching Him
in
Mathematical
and
Astrological Performances
.
So excellent is an Innate worth and glory, that all the external Paints and Florishes cannot so much as equalize, much less transcend or surpass it.
Yet let the
ingenious Reader
know, that I have no dis-respect for the
Muses
, or for such, whose happy
Fate
it is, to
suck
at the
sacred Brests of Minerva
; as having the Schools of Learning in
Adoration
, and ever bearing a high honour and value for all those that derive Science from them: And could heartily wish that our
English Universities
were so happy, as to
Nurse
and
Foster
And I could wish also, that such whose inclinations bend to learning, might be but so happy as not to miss an Academical Education.
only such, whose
Genitures
render them capable of Learning what they always prudently teach;
those
being the most probable of making returns of
Gratitude
unto them, and of sounding forth to the
World
their deserved
Honour
and
Fame
. How many are there that be constantly Educated in
Schools
of
Good Literature
, that for want of a
Genious
to cope with, and conquer
Science
, become rather the
Scorn
than
Honour
of
Learning? Of every Wood a Mercury
Ex quolibet Ligno non fit Mercurius
.
cannot be made
. If the
Flint
have no
Fire
in it naturally, in vain is the
Steel
applyed unto it, in hopes of procuring any.
Schools
of Learning being like unto skilful
Lapidaries
, who
polish
the
Diamonds
of our
minds
, and
understandings
; and set a radiant lustre upon them, although we bring them thither
rugged
and
mishapen
: (and thither we must bring them, or go without our errand.) And indeed,
Men
must have
peculiar Stars
for the attaining such a peculiar
Favour
and blessing from the Hand of
God
and
Nature
: And being so furnish'd, will in
time appear
, and shew themselves, and
Dart
forth their
Native Splendor
, (like our Mr.
Wing
) although they should want the
Embellishes
and
Polishes
of Education. (yet I say not all out so happily!) And if this our
deceased Friend
were so eminently
successful
and
deserving
without
them
, and
shined
in
his Generation above
and
beyond
so
many
, that had the enjoyment of
such
adorning acquisitions; What would
He
have done, and how
spreading
would
His Fame
have been, if
His so rare Natural Parts
had met in Conjunction with
them
?
But because Mr.
Wing
was an
Astrologer
and
Mathematician
, and that perhaps these
Papers
, may be mostly inspected by
such
as are inclined to
those curious Sciences
; I shall desire, and expect the Pardon of the
ingenious
, if I swerve a little from
common Method
in the Writing the
Life
of this my
worthy Friend
; and here, before I proceed any further, insert his
Nativity
, as it was curiously done by his
own
hand, and by
Himself
friendly communicated to me several Years
See my Col. Genit.
p.
2. where the
Scheme
thereof is Printed.
before He
dyed
: He being of so
generous
a
Mind
and
Courage
, and yet so
humble
withall, that, as he did not
fear
to
fore-see
, or
fore-know
any
evil
of Himself, so
He
was not elevated or
puffed
up with the thoughts of any prescient
advantages
that were likely to issue to him: but used his
Nativity
, and what he understood thereby, (as the
great Apostle
used the
,) as if he used it not. Submitting Himself (even in the best or worst of things, by it either promised or threatned) ever to the
guidance
and
governance
of that
Universal Power
, that ruleth
all things
by the wisdome of his
Providence
, even
God
blessed for ever!
Here are no less than
four Planets
Competitors for the honour of
Almuten
in this
Geniture: viz.
The
Moon, Mercury, Jupiter
, and
Venus
: and truly, if I understood his
Mind
and
Actions
aright, he equally shared in their peculiar qualities and significations. For he wanted not the
publick Fame
and multiplicity of business that the
Moon
gives; nor the
Ingenuity
that
Mercury
bestows; nor the
Justice
and
Goodness
that
Jupiter
affordeth; nor yet the
harmless
and
plea sant conversation
, (to sweeten the rest, for without that all business is a burthen, and all knowledge a slavery!) that
Venus
patronizeth: but of this more anon.
The
Sun
alone is
Hylech
, or
Propagator vitæ
, the Geniture being Diurnal, and he in an
Aphetical
place.
Omar
de Nativit.
Lib.
2.
Cap:
3. &c.
Firmic. Lib.
2.
Fol.
57.
ad Mavort.
And (being just entring
Taurus
) we may admit
Venus
the
Alchocoden
, or giver of Years: Or should we (in respect of the
Moon's
being so powerful in the Figure) admit her a sharer in the designing of Life, (which is not altogether unreasonable, but agreeable to the Opinions of
Omar
and
Firmicus
,) then will
Jupiter
be
Alchocoden
; which is in effect the same; for both their mean Years are
Forty-five
, and more they cannot give of themselves in this
Nativity
; because one of them is oppressed by
Saturn's Quadrate
, and the other by
Mars
his
Opposition
: and although Mr.
Wing
lived beyond
these
, Four Years at the least, that is to be attributed to the
strength
of his
Nativity
in general, and not to his
Alchocoden
; which could not preserve him above the aforesaid number of Years for the Reasons before remembred.
Saturn
is the
Anareta
, or the Destroyer of Life in this
Geniture
; as being, First, Locally placed in the
Eighth House
; Secondly, As afflicting the
Lady
of the
Horoscope
; Thirdly, As he is
Lord
of the
Fourth House
, which Astrologically signifieth the
Grave
; Fourthly, As he is a
Planet
inimical to Nature. And accordingly when the
Sun
or
Hylech
was directed to his
Conjunction
or Body, Mr.
Wing
dyed.
And so I come to consider of the
Nativity
it self, and to compare it with the
Actions, Dispositions
and
Inclinations
of the deceased
Person
to whom it appertained.
Herein you see that
Signum Justitiæ
, or the Cœlestial Ballance is ascending the Horoscope, and the
Royal fixed Star
,
mikros kontaratos
, or the
Virgins Spike
ariseth therewith:
Stellæ fixæ irrationabile is atque admirabile is fælicitates afferunt,
&c.
Prol. Cent. Aphor.
29.
plainly demonstrating Mr.
Wing
(according to the Rules of Astrology) to be
born
for an
honourable end
and purpose; and to do
great
and
worthy things
in his
Generation
; which he hath not failed to perform: thereby eminently justifying the influences of those
Stars
, that (
Sub Deo
) have honoured him at his
intrat
into this World.
Spica Virginis in Ascendente, dignitates altas
impartitur
, &c.
Ptol. Parv.
p.
131.
The benigne Planet
Venus
is Governess of the
Horoscope
, and posited in her
exaltation
, in
Trine
of the
Moon
, and in a
noble reception
of
Luna
and
Jupiter
: all, of most admirable import and signification, as every understanding
Astrologer
knows. And agreeable hereunto, Mr.
Wing
, as he was honoured equally with
many
above his
degree
, so he merited such respect; being a Man
Dominus decimæ in nona, Natus erit honestæ vitæ.
Argol. p. 42.
of a very
just
and
pious
frame and
temper
; generally
even humored
: at sometimes he would admit of
facetiousness
without
scandal, affability
without
injury
;
Venus honestè posita, ut in suis, dignitatibus, cum Luna, &c. Honestos mores, & laudabiles decernit.
Argol. 116. p.
and did a little delight in a free and harmless conversation; being neither
too austere
on the one hand, or
too vain
and fruitless on the other. But (like his
Horoscope
) was equally
poiz'd
between both, and yielded to
neither extream
. He was scarcely known to
envy
any man, (and do you not see that
Mars
is the weakest Planet in the
Scheame?) as it he had wanted Choler to awaken Revenge, or to create a passion
:) but, on the contrary, was
kind respective
and
obliging
to
all men
: even to his
enemies
, (as the Holy Rule enjoyns) if they were not, beyond the line of
reason
, malicious and provoking. He was nothing
ambitious
or
insulting
, but rather
meek
and
humble
, and always apt to
depreciate
himself.
All
Rutlandshire, Northamptonshire
, and the Countreys round about, give this general good & commendable Character of him; as any that pleases, may more particularly inform themselves from any of the Gentry of those Countreys, as my self have done before the writing hereof, because I would publish nothing but truth concerning him.
He was never
distrustful
or
suspicious
of others, because
free
from the
taint
of those
qualities
himself, and always
virtuous
, and
true hearted
. These are the natural significations of such happy and Heaven-favouring
Positions
, together with their
genuine verifications
. And the better to enforce and make good all this that we have said, (and more) it is
observable
that the Noble
Trine
of the
Moon
and
Venus
, &c. before spoken of, is made from those
two Planets
greatest dignities,
Viz.
that of
Astrologers
called
House
and
Exaltation
; which gave Mr.
Wing
a more curious frame of
Soul
, and a better opportunity and means to shew the
excellency, integrity, activity
, and
evenness
thereof, than if so glorious an
Aspect
had proceeded from
weaker
parts of the
Heavens
: I mean, from such
parts
or
places
wherein those
Planets
had less
delighted
, or had been more
meanly
and
poorly dignified
. Thus we see by experience, that the
Dignities
of the
Planets
are no
vain
and
idle things
; and that we ought to esteem more of them, than of
Chimera's
, or Castles in the Aire. I could produce a great many parallel instances, but this is so certain and undoubted a truth, that it needs not.
From this admirable
Trine
, and it's happening, (not only in the Dignities of the
Planets
Trining, but) in the Dignities of the benevolent Planet
Jupiter
;
Luna in Nono, Naro religioni addicit.
Argol. p. 140.
(the
Patron
of
things Divine
, &c.) proceeded that
great
and
unfeigned Love, Duty
, and
Reverence
, which Mr.
Wing constantly paid to Religion, and to the service of God
: being always known for a
true
and
zealous frequenter
of the
Church
, and an
adorer
of the
Clergie
; esteeming
them
the most worthy of
Honour
and
Reverence
, that
God
himself had been pleased to
commit
the
charge
of his most
honourable
and
valuable Jewels
in the
World unto
; even the
Souls of Men
.
Quum [jupiter] & [venus] &c. sunt signif. dispositionis Animæ, Natus erit simplex, amans nitiditatem, & magisteriam, atque rerum investigationes, eritque bonæ qualitatis animæ pius, sani cordis. Deum amabit, & illi serviet, cupiet etiam amore Dei, laboriosus esse, erit sensatus, & amans, humilis, &c.
Prol. Quadrip.
lib.
3. cap. 13.
He was indeed so much, and so great a
votary
to
Religion
and
Piety
, that
many
of the
Almanacks
he annually wrote, were in a manner
Sermons
, or
Expositions
or
Applications
of some useful Texts of
Scripture
; encouraging
People
by the
Word of GOD
, as well as by the
Works of God
, to follow that which was
Religious, Laudable, Good
and
Profitable
. By which ingenious and
pious practice
of his, we are made happy in the acquaintance of this great truth, (against the
perverse, wilful, ob stinate, unreasonable
and
crooked Opinions
of the
Enemies
to all
Stary Learning.) That a Man may be a good Christian, and yet an Astrologer: and, that Divinity and Astrologie, to a sober and unprejudiced understanding, are not incompatible
: there being no such
antipathy
between the
Word
, and
works
of
God
, (or those that
study
the
one
, and the
other
, as Naturalists tell us, there is between the
Sun
and
Rue
, or the
Vine
and
Colewort
,) but that they may well stand and grow together.
Cæli enarrant gloriam Dei.
Psal. 19. vers. 1.
Rue
, or
Herbgrace
, delights not to grow in the Face of the
Sun
, although he be the Life of all living things: and this any
Gardner
will tell you.
He was a Person of a very
ready, ripe
and
pregnant wit
; and had
good judgment
and
memory
thereunto annexed: [The want of the
later
of which was a defect, that the learned Doctor
Hammond
exceedingly bewailed in himself, saying, that it was easier for him to Pen
twenty Sermons
, than to get
one
by heart.] What Mr.
Wing
read was his own; and thence he began to be a
Mathematician
[saturn] in domo Mercurii, dat Scientias.
Ptol. parv. p. 34.
Decima septima pars [libra]. Si in horoscopo fuerit inventa -- & [moon] bene posita, ad benevolas plena lumine feratur Literatos faciet, &c.
Firmicus
. Lib. 8. Cap. 21.
in his
younger years
, being capable of understanding all the parts of
Arithmetique
, of the several ways used in
Surveying Land, Measuring
all sorts of
heights
and
distances
, &c. As also of making all kinds of
Dyals
, with many other neat and commendable acquirements, by that time he was but
Eighteen Years of Age
; as I have often heard
Himself
, as well as
others
report. So that in a sence, it may be said of him, as it was of the Holy St.
Remigius
, and the great Doctor S.
Thomas Aquinas, That from the time of his first capacity of Learning, he out stripped those that were much his Superiours in Age, and
(I may justly add)
in Education also
.
And truly, he had need be naturally ingenious, that attempts such
lofty, crabbed, coy
, and
difficult studies
at any time, much more in his
Juvenile Years
: When the
Feather
of
Youth
is
high
and
spreading
, and principally waves us to
vanities
; seldome suffering our
inclinations
to reach after
serious
or
weighty things
; they being as contrary thereunto, as
Blood
to
Melancholy, Heat
to
Cold, Winter
to
Summer
, &c. But this Mr.
Wing
was born
Astrologus nascitur, non fit.
< -
to prove the
Influences
of the
Stars certain
and
true
; and by an apt demonstration in himself to shew us,
That the God of Stars is not tyed to the meaner methods and observations of Men, or to his own ordinary way of working; but pursues the Rules of his own good will and pleasure, varying from his common course, how, and when, and as oft as he pleaseth
. Thus
he
can
satisfie
the
stomach
(beyond Man's reason) without
food
; the
Thirst
without
Wine
; and
feed
our
intellectuals
also (if he vouchsafe it) without
instruction
of
Books
or
Letters
.
matth.
cap.
15.
vers.
36,37. 1 Cor
cap.
1.
vers.
25,26.
'Tis his
Prerogative peculiar
, to make
strong
things of
weak
, and
excellent
things, of things
contemptible
and
despised
; an
Age
in
Youth
; and contrariwise, a
Childishness
in
elder
years; and by this
his foolishness
, sometimes to
amaze
, othertimes to
destroy
, the
wisdom of Men
. Thus, to declare his
Omnipotence
, he is pleased to
raise Ventidius
, (though of a very
low
and
mean extraction
) to the
greatest honour
and
dignity
in
Rome
:
Dominus medii Cæli in suis dignitatibus applicatus domino Ascenden is Orientalis honoris in regno pollicetur, & Principum familia natem.
Arg.
p.
134.
And to make
Cicero
(whose
Parentage
, or
Original
,
if
story
may be credited, was
scarce known)
Pater Patriæ
, the
Father of his Country
. And thus by
God's especial favour
and
benignity
, is Mr.
Wing
raised, from an
indifferent degree
and
quality
, to be a
Reputation
to his
Country
, and a
promoter
of the
severer Sciences
.
Sol in Cuspide septimæ tribuit honores, & gloriam post mortem.
Ptol. par.
p.
133.
And from them, to an
equal honour
(for indeed
He
hath taken
more
than
equal pains
) with the admirable and ingenious
Kepler
; with the ever celebrated
Alphonsus
, with the renowned
Ticho Brahe
; with the
immortal
and ever glorious
Julius Cæsar
! with all which
illustrious
and
famous Persons, his Name
and
Memory
will for
ever shine
in the
treasury
and
bibliotheck
of
Fame
;
Canis Syrius, sicut Procyon in medio Cæli , (as here) dat honores magnos, &c.
Ptol. par.
131.
for his indefatigable and admired
Industry, Acquisitions
and
Performances
in all
Mathematical
, and
Astrological Learning
.
Gradus medii Cæli exaltatio Jovis
(I am sure it is neer it)
Celebre nomen diffundit.
Argol.
p.
132.
To fit him with a
Soul
for these
illustrious enquiries
(for such they are) he had, in his
Nativity
, a noble reception of
Mars
and
Mercury
, (and
Mercury
swift in motion) and this by the
dignity
of house
,
Viz.
the
greatest
that can be:
[mercury].
Motu velex facit expeditos in inventionibus & rationibus
.
and such that
Astrologers
generally account equivalent to a
Sextile
or
Trine
Aspect of them: and the
Moon
(which is the Conveyer of all the other
Planets
influxes to this our
Terrene Star
) is hastning to an
Aspect
of them both.
Bene dispositi Mercurius, & Mars faciunt ingenio acutissimo.
pag. 137.
Which (in an
Astrological
sence) forceth the
imagination, fancy
and
ingenuity
of a
Person
(pardon the expression, for it is very true,) that is
so born
, beyond the
common rate
of
exertion
, and
ripens
the
mind
(with all its faculties) in so
celerous
and
active
a manner, that it affordeth a
Harvest
of
Wit
and
Judgment
in
such Men
, before there will be an appearence of a
Spring
in
others
, that shall unfortunately want these
forwarding Configurations
. And thus it cometh to pass, that some Persons are so
prodigiously
, and to a
Miracle
illuminate, and afford great
Crops
of
Art
and
Learning
, before
others
of more
tenebrous
and
Cloudy souls
, can
put forth
either
Leaf
or
Blossome
.
Thus it was apparent in the
Nativity
of that Reverend
Prelate
, the late Lord Primate of
Ireland
, Doctor
Usher
,
See the History of his Life.
(whom
Paulus Testardus
justly stiles,
Seculi, & Ecclesiæ decus eximum
, the greatest honour of the Church and Age
) who, having such a Configuration in his Geniture, was so active and forward in his
studies
, that (the History of his Life saith) he was created
Master of Arts
at
Twenty Years of Age
.
Vide
my
Collectio Geniturarum
, p. 2. Where all their Nativities are to be found.
Thus also, the late Reverend
Bishop
of
Durham
, Doctor
Morton
(from the same Reason in his Nativity) was
learned betimes
in comparison of many others, as is recorded in the
History
of his
Life
. So also the late Learned Doctor
Hall
, Bishop of
Norwich
(being born when
Mars
and
Mercury
were in
Trine
Aspect,) was known to be
Master
of as large and spreading
intellectual abilities
, as any
learned
in the
whole World
: Witness the several incomparable
Pieces
he wrote, and left behind him in Print; especially that learned and pious Treatise, entituled his
Contemplations
. Thus likewise, the most learned and acute
Phylosophers, Henry Cornelius Agrippa
, and
John Baptist
See his Nativity, as done by himself in his
Astrologia Gallica
.
Morine
, &c. whose noble
Genitures
shewed the same worthy configurations: and who more nimble, and fortunately forward in all kind of
learning than they
? Infinite
numbers
more could I ininstance in, who (as these already mentioned, with our Mr.
Wing
, enjoying such excellent and beneficial rayes of the
Stars
,) have been as
Comets
in the
Ages
they lived and flourished in, attracting the
Eyes
and
Wonder
of
all Men
towards
them
, for their
great
and
fortunate parts
and
performances
: but these
few
are
sufficient
.
- >
By this we are instructed how
God Almighty in his wisdome hath suited and proportioned all inferiour actions, Persons and things, to the motions and configurations of the Heavenly Bodies: and how much it makes for the honour of his Majesty, that all temporary productions are ordered and disposed of, by this Cœlestial
Clock-work
; as it hath pleased him to appoint and ordain at the first.
From this happy
reception
of
Mars
and
Mercury
, together with the
Moon's
configurations with
them
, (of which before you have heard) It is observable, That Mr.
Wing
was, not only capable of
knowledge
and
understanding
, &c. but was therein very
communicative
and
diffusive
. He hated to
hide
his
Talent
in a
Napkin
; or
covetously
to
cloyster
up that
Science
which
He
so happily (above
many thousands
of others) had
attained
unto, and was
blessed
with all.
Math. 25. &
25
.
He was
freely willing
and
ready
to impart any thing (let it be never so curious and choice a secret) to any
ingenious Person
or
Son
of
Urania
; and hath often
publickly professed, that it was his great discontent and trouble, if at any time in his writings he thought he had not been plain, even to the meanest, or most ordinary, or costive understanding
.
And (to go a little further in this Argument.)
these configurations
did, not only give
him
a great love unto, and a delight in
knowledge
, but a
strength
of
mind
, and
ability
of
Body
for the same. Thus was he fitted for
travelling
thorow the most
crooked
and
crucifying
parts of
Astronomy
, &c. As those, of the
restoring
the (most hard to be found)
places
of the
two
most
Critical Planets
in the Heavens,
Mars
and
See his excellent Tables (in his
Astronomia Instaurata
, and
Harmonicon Cœleste
,) of those Planets motions: As also his
Astronomia Britanica
, lately published.
Mercury
.
He had (in all respects) an
active Geniture
: and accordingly hated
slothfulness
and
idleness
with a perfect hatred; accounting it a
shame
and
error
for any
Man
to
foster
or
cherish
such
contemptible issue
: or to think that
he
was created, or brought forth into the
World
for so
despised
and
inglorious
an
end
. And was therefore so
frugal
of his time, (like the
Thuscan Philoso phers
, that thought the
loss of a Day irreparable
;) as, not only, not to mis-employ or mispend any the smallest part or portion thereof, (after he was of capable and understanding Years,) but very prudently and advantagiously, to
improve
every
little Minute; making his Books his recreations, and his severer and wasting studies, his Pleasures
.
If
he
were of any thing
covetous
, it was of
knowledge
: being indeed scarcely ever satisfied therewith; making it his
business
to frequent the
Company
And of this I have had the happiness, of being more than once or twice, a witness.
of the
most learned
and
excellent Men
when he came to
London
at any time, and so to spend his time; whereas
others
generally turn such
journeys
into
pleasure
and
recreation
: And truly so did Mr.
Wing
too. For
such converse
was his soul-satisfying delight; his
Mind
being principally placed upon such a
felicity
. Thus did Mr.
Wing
constantly (both abroad and at home) labour after the
discovery
of the
most mysterious
things in
Astrologie, Geometry, Algebra, Trigonometry
, and all other parts of
Mathematical Learning
.
But Mr.
Wing
did not labour after this toylsome manner, (Churl-like) only to satisfie and
please himself
, but to
profit
and advantage
others
. And to this purpose, after his many years painful labours, and a
consuming
of himself in
study
and
business
; he hath published to the
World
these several Books following.
1.
His
Urania Practica
, or Practical Astronomy.
2.
Harmonicon Cœleste
, or the Harmony of the Visible World.
3.
Astronomia Instaurata
, in four parts.
4.
Ephemerides of the Cœlestial motions for 20. Years; with an excellent Introduction to the knowledge of all Mundane Alterations.
5.
An ingenious Treatise of Surveying.
6.
Examen Astronomiæ Carolinæ
, in his own Defence.
7.
Astronomia Britannica
, written in Latine, now in the Press, and almost ready to be published.
8.
Computatio Catholica
; an excellent Treatise, now almost (also) ready to be published: Besides his Annual Labours, which always tended to the utility of the ingenious
Astrologers
, and
Mathematicians
.
In which Pieces of
Astronomy
, he hath most facilely solved, the (not very easily solved)
Phænomena
of the
Heavens
; and so plainly proved the
motion
of the
Earth
to be an apparent
Physical truth
, that the very
Soul
of
Copernicus
, (the first Inventer of that Opinion, as to this later part of the World,) by a happy
Metempsychosis
, seems to have
enlightned Him
to the
Demonstration
thereof:
Mr.
Wing
the Reviver, and Defender of the motion of the Earth in these later Times.
and this by such
unerring Axioms
, and most
conspicuous verities
, that the (long embra ced)
contrary Opinions
, with all the
insoluble systems
thereunto belonging, are quite out of Doors, and scarce so much as though of now, (much less with pristine earnestness
defended
) by any of the most
able Astronomers
of this Age. So that, had the unfortunate
Bishop
of
Ratisbone
, but lived in our more
transparent
and
knowing times
, he had never
dyed a Martyr for so sure and sound a Truth
.
- >
Nay, had Saint
Augustine been contemporary with
Mr. Wing,
his doubt about Antipodes had been fully resolv'd
. May we not now (without vanity) aver, that
He
was the
Restorer of Astronomy
to this later Age: And not only so, but that he was so happy in his
attempts
of that kind, that he did
nothing
without
success
? Nay, I conceive I may (without offence) urge it, since others, (far more competent Judges of his
surpassing abilities
than my self) have done it before me. ----
That
Mr. Wing
hath performed more in, and toward the rectification and perfection of the Cœlestial Motions, than all the ingenious Mathematical heads in both Universities have of late Years done
; and for the same was honoured, and had in eminent esteem with
most
of the
best learned
in this our
British Nation
.
Among the many observables in Mr.
Wing
, this we may not omit in his
Praise
, and to his
Eternal Honour
let it be remembred: -------
That He was always a Loyal Person and good Subject, and in the worst of times, when it was esteemed a Crime to be obedient to a lawful Prince and Sovereign, and so much the fashion to be Anarchical and Rebellious
; Mr. Wing
was so conscientiously just, as always to own his Allegiance
: accounting it far better to perform a
vow
made to
God
on the behalf of his
Prince
, than nimbly and unchristianly to
swallow Perjury
: (a Sin the very
Heathen
would disdain and protest against!) and although the
times
he was necessitated to live in, afforded him many
great
and
unhappy examples
to that
unloyal
and
ungodly purpose
, yet, he still continued his
integrity
and
duty
; as
well knowing, that Treason against our Sovereign, is equal to Sacrilege against our Saviour
.
Vide
his many
Almanacks
wrote in the times of our late
Rebellion
: when he
might
have sided against his Sovereign with applause, and gain; as well as some other
Almanack-writers;
but you find (by them) he was too Loyal for such degenerous & impious actions, or practices.
Indeed, Mr.
Wing
, had, not only a just and
Loyal Heart
, but a good and
Loyal Nativity
to shew and to signify it. There was when he was
born
, in the
Heavens
a happy
Trine
between the
Lady
of the
Ascendent
and
Governess
of the
Medium Cæli
. We know it is as Natural for
some Persons
to be repugnant and opposite to
Government
, and to their
Prince
or
Governor
, as for
some Children
or
Servants
, to be
disobedient
or
rebellious
to their
Parents
or
Masters
. The
reason
whereof, is (perhaps)
a secret in Astrologie, and scarce known to the best of Artists
. It may be worthy thanks to divulge it; and it is this. -----
< -
Nota bene
.
That,
as the gentle and amicable Rayes between the Lords of the
Medium Cæli
and Horoscope, make loyal and dutiful Persons or Subjects, so their unfriendly beames to each other, create Rebels, Incendiaries, and unloyal Persons
. The ingenious
Genethliacal Astrologer
may spare me the trouble of
Instances
, he can easily prove the
truth
hereof himself.
Albeit, Mr.
Wing
was a Man of
such admirable parts
as you have heard, yet he was the
least admirer of his own abilities
of any Man in the World; but still industrious to improve them. His desire was so strong after
study
, that he even neglected himself for it's sake, and for the great contentment he took therein. And though his attainments were
great
, yet was he known more to
lament
and
bemoan
his
defects
, and
imperfections
, than any way to
boast
of his
skill
. He was no way
Ostentatious
, but on the contrary, very
humble
; and had nothing of the
Pharisaical temper
or
humour
, but like the
Laden Ear
in
Harvest
, still bent his head downward; and (with the
Peacock
) more often
look'd
upon his
Feet
, than his
Plumes
: being ever observed in all company, to give unto others the
precedence
, or
right hand
, which perhaps did not
inherit
the hundreth part of his
understanding
and
knowledge
.
But now, although he was of so self-denying a temper and disposition, and never apt to
begin quarrels
or
contentions
with any Man; yet hath it been his fortune (against his inclination) to be
engaged
in
differences
: he having been (by some
ambitious
and
troublesome Persons
) publickly
abused
in
Print
: by
two
especially, who have, (after their heaping upon him undeserved reproaches,) in an
impudent
and
shameless
manner,
made use of his works
, to dress and furnish out
their own
; and this without crying
Peccavi
, or seeking of a reconciliation from him. To signifie
Dominus septimæ in duodecima dissensiones decernit cum inimicis.
Argol.
which hard measure from his (unexpected, as well as undeserved)
Antagonists
, he hath, in his Nativity,
Mars
(an angry Planet) Lord of his
Seventh House
, posited in
Virgo, Retrograde
in the
Twelfth Angle
, which hath signification of
scandal
and
detraction
, &c. And the
Moon,
Cum cauda Draconis
; and in
Quadrate
of
Mercury
in the
Seventh House
; a place denoting
publick Adversaries, strifes
and
contentions
, &c. apt and proper Arguments hereof, as any
Astrologer
must needs
understand
and
acknowledge
. More plain and
speaking testimonies
of the
Malice of Enemies
, cannot in any
Nativity
be found: as if Mr.
Wing
had been born into the World on purpose (in matters of controversie) to
encounter Men
of
brutish Principles
and
Conditions
.
Howbeit, it is eminently known, that Mr.
Wing
was of
courage sufficient
, and capable for to
resent
an
injury
; and would (upon any good occasion) be so
just
to himself, (and to the
truths
that the World was made partaker of, by his happy
Pen
and
Pains
;) as to give his
Enemies
to understand he did not
wear his Soul without him
;
< -
(Who ever did, that had the grand significators of his Nativity strong?) but could easi ly
vindicate
himself from their causless
cavils
, and
scomma's
, and their want of
ingenuity
and
charity
towards
him
.
Seneca
saith that a man hath so much wit, as he hath anger. And St.
Paul
alloweth of anger; so that it be limited, and not transported with a desire of revenge.
Ephes.
4.
And when (beyond reason)
provoked
, he did accordingly, (with a spirit of
soberness
) reply unto those his
Antagonists
; who were so
bold
and
daring
to attempt the
lessening
of
his unblemish'd Fame and Reputation
, to (do that which was indeed impossible, and therefore I spare their Names;) make way thereby for the
advancement of their own
. He also hath the
Virgins Spike
ascending, and the
Moon
with the
Stars
of
Apollo
: and could not (from thence) but have a
great Spirit
, and be readily
apprehensive
, though not
revengeful
of
injuries
: And would therefore (in cases of difference) only endeavour to
acquit himself
, but
not calumniate
his
adversaries
. And therefore we may say of him, as it was of another in a like case,
Non silet, & silet
: He might be said to be
silent and passive toward his Enemies
in
respect of revenge, but not in regard of reproof
. And surely herein he is no more to be
censured
, than the
harmless Worm
for turning again, when it is most
churlishly
and
injuriously trod
on.
Nor was Mr.
Wing
singular, or alone, in partaking of the
malice of Enemies
, or of being unworthily traduced. Mr.
Wing's Saviour
(who had the same
Vide, Cardan, in Coment. Ptol. Morinu:, in Astrol. Gallica. Gregor
:, in Notes on Scripture. Card.
Aliac.
&c
Ascendent
with him) was so served before him.
The brightest Sun attracts the basest and most envious exhalations
. The great
Hippocrates
had a
Thessalus
to oppose him; and
Divine Homer
met with a
Momus
and
Zoilus
. And we know, that there are as many
Nebulous
and
Cloudy-Starrs
in the
eighth
Sphear
, as there be
Glorious
and
Shineing ones
. No
Truth
in
Heaven
or
Earth
, but hath its
Anti-truth
. No
Day
without its
Shadow
; or
Diamond
that wants it
foyl
. Never was any
Person famous
for any thing yet, but as he met with
Favourites
, so he found
Detractors
. And what
excellency
can we name or think of, that hath been
free
from
opposition
or
interruption
? And therefore it is no wonder, that a man so
popular
as Mr.
Wing
, hath met with his
Share
of
affronts
and
abuses
: it should rather have been
Recorded
a
Miracle
for
him
to have
missed
them. But Mr.
Wing was too great a Philosopher, and too good an Astrologer
to be concerned or troubled at
such vanities
. It was a satisfaction to
him
sufficient, to know that he had
justly
and
fairely
demonstrated and advanced the
Truth
of what he
Studied
, and therein discharged a
good mind
. And he having met with the
approbation
and
thanks
of the
most judicious
and
knowing
, for his
great pains
and
industry
, looked upon the
ignorant and false attempts
of this
adversaries
to be
too
sinewless
to impare his worth, and their hatred too imbecil and truthless to torment or discompose him
.
When Mr.
Wing
first appeared upon the Stage of the world.
He appeared first upon the
Theatre
of the
world
in the
two
and
twentieth year current
of
his Age
; beginning then to
Write
and
Print
his
Annual Books
or
Almanacks
; and as a fit
direction
for the favouring of such a purpose, the
Sun
then came
ad Sextilem Veneris in Tauro
:
She
being
Governess
of his
Ascendent
, and one of the
Almutens
of his
Geniture
; and the
Sun
(the Grand Patron of
publick Fame
and
Glory
) located in
Septimâ Domo
, the
great Angle of business
and
action
. And (that which is as remarkable) together with so favouring a
Direction
, he had a very
auspicious Revolution
for that year; as you may behold by the following
Scheam
thereof.
In this
Cœlestial Figure
, you see the
Lords
of the
Horoscope
and
Medium Cæli
, are in their
sublimities
or
exaltations
, and in a short
quadrate
to each other, equivalent to a
Sextile
; and the one of them in
Trine
to the
Midheaven
, and the other casts the same Aspect to the
, or
eleventh Angle
; and Royal
fixed Stars
on the
prime Cusps of the
Scheam
. The Lady of the Ascendent at birth (as there) is
Almuten
of this
Revolution
, and herein returned to her
Radical place
, casting a friendly
Sextile
to
Mercury
(the
Patron of Learning
and
Books
) in the
Seaventh House
, and a
Trine
to the
Nineth
, and
Ascendent
. It is in all respects a most admirable
position
of
Heaven
; and most properly agreeth unto the
happy
and
immortal effects
of this
Natives Pen
.
His writings universally esteemed and embraced.
Indeed Mr.
Wings writings
found a most excellent
welcome
into the
World
, among all sorts of
ingenious persons
: even so great and happy an one, that (at length) in that year, wherein
Fifty Thousand of his
Almanacks
have not sold
or gone off, the
Company of Stationers
(as I have been credibly informed)
have
esteemed it but a year of an
indifferent sale
. So universally spreading was this
persons Fame
, he beginning to
write
under so happy and
Favourable a Revolution
and
direction
. And these his
Annual Books
or
Almanacks
, he continued
twenty eight years
together;
- >
thereby making an
addition
to his
former Reputation
, but never growing less, or loosing of any his
once purchased Honour
. He still
gained ground
, but never
lost
any; and not only his
Almanacks
, but his other more
laborious writings
also, met with a very happy
entertainment
and
success
: So that in
type
Truth
, all persons that have
printed
and
sold
his works, as well as
those
that have
bought
and
read
them, are
Debtors to his memory and pains. And the Book-seller and Printer as well as the Astronomer must mourn the unhappy loss of Mr.
Wing.
But now, Mr.
Wing
was not only a good man, and singular good
Artist
, but he was a
kind
and
loving Neighbour
: and for his temperate and sober
behaviour
and
demeanor
, was
infinitely beloved
of all those he lived among: as well of the more
Rustical
and
unpolished
sort of
people
(which generally look upon
Astrologers as Conjurors, and Mathematicians as Mad-men
;) as of
those
of the
best quality
and
breeding
; obliging the
latter
by his
Ingenuity
and
Industry
in
Science
; and the
former
by his
Humility
, and
readiness
at all times to do them
good
. So that the
meaner sort
of people were always ready to
serve him
; and the
better sort
of
Persons
Dominus Ascendentis cum domino Medij Cæli dat honeres, & Principum, (aut Magnatum) familiaritates.
Ptol. par. p. 132.
to assist
and
encourage him
in any of his
Studious attempts.
He was a
Serious Cordial Friend
, and hard to be removed in
affection
when once he had settled it upon any man; and when he was necessitated to be an
Enemy
, (being naturally so great a lover of Peace and Friendship) it was as great
a trouble
to him, as the
knowledge of Letters
was (pretended to be) to a
Noble Roman
, when he came to signe the
death
of any
Offendor
. In his greatest provocations, and from the very
worst
of his
Enemies
, (as I am informed) he would admit of a
Reconcilement
upon the
easiest terms
imaginable: he ever loved to
preserve Amity
and
Friendship
, and to
crush
or
banish Enmity
and
Hatred
.
He was likewise known to be a most
careful
and
loving Husband
, and a
Kind
and
Indulgent Father
; as appeared both in the
Prudent
government of his
Family
in his
Lifetime
, and by his disposeing and ordering of things at this
Death
, for the good of his
Relict
and
Children
: that they might not (after his Decease) turn
Wolves
and
Tygers
each to other; as in
too many very good Families
(for want of such care and foresight) it is, God knows,
too frequently seen
; and (when past remedy)
too vainly lamented
.
Lastly, Mr.
Wing
was a man so
naturally made for Action
, and so much abominating
Remisseness
and
Dulness
; that to follow his
employments
, he often
hazzarded
his much to be
prized Health
: he having for near
thirty years
together, been constantly upon
business
, riding
early
and
late
, in all kinds of
weather, wayes, and seasons
, which (
sine Dubio
) was the
propinquate cause
(at length) of a very great
Hoarsness
, which began to seize him violently in the beginning of the
fortynineth year of his Age
, it being a year
Climacterical
: which
Hoarsness
was (after some interval of time) attended with a
Consumption
and
Catarrhe
; whereof in the moneth of
September
, 1668. and the twentieth day thereof, when the Moon was in an opposition of
Saturn
, he ended all his
Tedious Labours
and Travels, with this his
Terrestrial Pilgrimage
: And so, receiving an
exchange
to a
better Life
, is now at
Rest
with God.
Behold, how the Heavens were posited in the Revolution of the Year of his Death; as you may see in the following
Sceam
.
Herein you see the
Lord
of the
Ascendent
, and
Lord
of the
Eighth House
are applying to a
Conjunction
, and this upon the Cuspe of the
Eighth House
in the
Radix
; and not only so, but they are both of them in a hateful
opposition
of
Mars
, and in
Quadrate
Aspect of
Saturn
: and the
Lady
of the
Ascendent
in the
Radix
, is, in this
Figure
returned to the place of
Saturn
and
Oculus Tauri
, who were radically placed in the House of
Death. Saturn
also is by
Direction
, as well as
Position
, promittor of
Death
in this
Nativity
. All which are as so many
Trumpetters
of this
Natives approaching Fate
; which he (instead of being daunted at) welcomed with a great deal of
Chearfulness
even to the very last. And indeed no man that hath lived well and uprightly, & done good in his
Generation
(as Mr.
Wing
had done) need be
affraid of Death
, or of the knowledge of the
time thereof
. It was a
Blessing
that
Facut experiar,
Jehovah
, finem meum, mensura dierum meorum, quid sit; experiar quam
durabilis
sum.
Psal.
Holy David
prayed for, and that St.
Paul desired
: And although it may be the
Sinful mans Terror
and
Torture
to know it, it is the
Just mans Joy
.
The
Direction
that Cut off
Life
, was the
Sun
to the
Body
of
Saturn
, viz. the meeting of the
Hylech
and
Anareta
, in an
Anaretical place
thus proved.
[deg]
[min]
Longitudo Solis
[aries]
29.
18.
Descensio Obliqua
41.
27.
Longit. Saturni
[gemini]
6.
24.
Latit. Saturni merid:
1.
51.
Declinatio Supra terram
19.
38.
Ascensio Recta Saturni
64.
51.
Differentia Ascentionalis
26.
9.
Descensio Obliqua Saturni
91.
0.
Arcus Directionis
49.
33.
If the Learned
Ptolomy
may be credited, (as indeed why should he not, if he speak truth?) when he sayes,
Aphor.
37. That those persons who have
Libra
or
Aries
Ascending at their
Birth
, shall (not need the envy of others to bring them to their ends, but) be the
unhappy cause
of their own
Deaths
:
Quorum autem ascendens erit
Aries
aut
Libra
, hi mortis suæ causæ erunt.
Ptol.
Cent. Aphor. 37.
(although I believe, and all the world knows and is satisfied, that Mr.
Wing
was not
felo de se
, as
Lawyers
speak, being of
better principles
than to commit a violence upon or against himself; yet,) I am convinced, that (in a charitable and just sense,) he made the
Aphorisme
good. For, we know his
Soul
was so set upon
business
(as before you have heard) that he
laboured
, not only
beyond his strength
, even till the
last
, but
against
the
opinions
of
his Physicians
: not that he conceived in so doing, he any way did hasten or accelerate his
Death
, but because he
hated Idleness
: being a man of so
unwearied a fancy
, that he was
Active
, and
working
to the
last
; and had not
Strength
and
Vigor
first
left him, he
had never
left
his
Employment
; for he
dyed labouring
, even in the
middest of his business
, as
well as his years
.
The worthy
Albohali tells us
, that if the significators of Death in any Nativity, shall be
in domibus vel exaltationibus suis, a malis liberi, erit mors ejus in parentes et proximos suos
.
And so true we find his words, (for they take full place in Mr.
Wings Nativity
) that, as Mr.
Wings Life
did not
cross
or
Contradict
the
Influences
of the
Stars
, neither did
his Death
. For
he
(as the
Holy Patriarch Jacob) dyed among his Relations, & received an honourable Interment
.
On the Death of so many Eminent
Astrologers,
and
Mathematicians;
and particularly on the Expiration of Mr.
Vincent Wing.
OUr
Mirth
and
Pleasures
leave us for a
space
,
While
Sighs
and
Tears
Usurp upon your
place
:
Behold the
Wounds
the
Stars
do give
their Friends
!
"The
Fates
spare
none
, may bring about
their Ends
.
First
, they force
Loyal Neve
resign his
Breath
:
Next,
Learned Fisk
compel to yield to
Death
:
Then, the great
Oughtred
(in a goodly Age,
His part being done) they
hurrey
off the
Stage
:
Culpeper
follows: [The
Physicians Foe
!]
All
Astrologians
surely are not so.
And painful
Booker
too, they take to's rest.
"
Angels
themselves subscribe
Ac Mortuus est
.
But
Death
not satisfied, unless he,
Work a sure
Famine
in
Astrology
,
And make the
world
with his
Massacres
Ring:
Hath last of all, remov'd
Laborious Wing
.
Sure
Death's
turn'd
Courtier
, will not be deny'd
The thing he
covets
, though the
best man
Dy'd.
Ah!
Cruel Tyrant
! what
ill
hast thou done,
To bless'd
URANIA
? her scarce
risen Sun
Must
set
, before it the
Meridian
Mount:
What shall we now, of
Fair Urania
Count?
She could have spar'd thee
Quacks & Fools
good store;
Turn-coats
and
Traitors
full as many more:
Which
Tribe
, thy hungry
Stomach
might suffice;
In taking
them
, thou'dst sav'd
URANIA'S eyes
:
But, at her
Friends
to cast thy envious Dart,
At once strikes
Blind
and
Dead
her
Eye
and
Heart
.
No more
Astrologers
, since these are gone,
Trouble your
serious skill
, or thoughts upon
Poor
Mortals Life
and
Death
! Your Period's set;
And the
Alchocoden
that governs it,
Must veile to th'
Anareta
: All your pain,
Cannot from it the
meanest minute
gain!
"'Tis
Natures
privilege to be severe:
"And let her
reign Triumphant
in her
Sphear
.
T. F.
Astrophil.
Advertisement
.
Courteous Reader
,
IN the foregoing
discourse
, you are informed of the
Death
of the
Person
of Mr.
Wing
, but his
Fame
, that is still
surviveing
; and this, not only in his own
Laborious pieces
, emitted into the world in his
Life
time; but in a
Son
, he left behind him, who
bears his own Name
: And is so far inclined to his
Fathers Studies
, that he hath for this present
year
1670. wrote his
Olympia Dōata
, or
Almanack
; and (by Gods blessing) intends the
Annual continuance
thereof.
FINIS.
AN APOLOGY FOR THE BUILDER: OR A DISCOURSE SHEWING THE
Cause and Effects
OF THE INCREASE OF Building.
LONDON
, Printed for
Cave Pullen
at the
Angel
in St.
Pauls
-Church-yard, 1685.
AN
APOLOGY
FOR THE
BUILDER
.
TO write of Architecture and its several parts, of
Situation, Platforms
of Building, and the quality of
Materials
, with their
Dimensions
and
Ornaments
: To discourse of the several Orders of Columns, of the
Tuscan, Dorick, Ionick, Corinthian
, and
composit
, with the proper inrichments of their Capitals,
Freete
and
Cornish
, were to transcribe a Folio from
Vitruvius
and others; and but mispend the Readers and Writers time, since we live in an Age and Country, where all the Arts belonging to Architecture are so well known and practised: And yet at the same
time
and
place
to write an Apology for the Artist may seem a greater trifling. In a time when since the
Grecian
Greatness their Arts were never better performed. In a place where Buildings are generally so well finish'd, that almost every House is a little Book of Architecture; and as the ancient Artists made
Athens
and the rest of their Cities famous by their Buildings, and still preserve the memory of the places by the ruins of their excellent Arts: so the Artists of this Age have already made the City of
London
the Metropolis of
Europe
, and if it be compared for the number of good Houses, for its many and large Piazzas, for its richness of Inhabitants, it must be allowed the largest, best built, and richest City in the world. But such is the misfortune of Greatness to be envied. The Citizens, nay the whole Nation is astonished at the flourishing condition of this Metropolis, to see every year a new Town added to the old one; and like men affrighted are troubled with misapprehensions, and easily imposed on by the false suggestions of those that envy her Grandeur, and are angry with the Builders for making her so great.
The Citizens are afraid that the Building of new Houses will lessen the Rent and Trade of the old ones, and fancy the Inhabitants will remove on a sudden like Rats that they say run away from old Houses before they tumble.
The Country Gentleman is troubled at the new Buildings for fear they should draw away their Inhabitants, and depopulate the Country, and they want Tenants for their Land. And both agree that the increase of Building is prejudicial to the Government, and use for Argument a
simile
from those that have the Rickets, fansying the City to be the Head of the Nation, and that it will grow too big for the Body.
This is the Charge that is laid on the Builders: Therefore the design of this Discourse is to answer these aspersions, to remove these fears and false conceptions, by confuting these Popular Errors, and shewing that the Builder ought to be encouraged in all Nations as the chief promoter of their Welfare.
This is done by shewing the
Cause
of the increase of Building, and the
Effects
; as they relate to the
City
, to the
Country
, and to the
Government
.
Of the Cause
.
THE Cause of the Increase of Building is from the
natural increase of Mankind
, that there is more born than die. From the first blessing of the Creation,
Increase and multiply
, joined to the good Government of a Gracious King.
There are three things that man by nature is under a necessity to take care of, to provide
food
for himself,
Clothes
and a
House
. For the
first
, all the rest of Creation as well as man is under that necessity to take care of: For life cannot be maintained without
food
.
The
second
belongs only to man, and it is a question by some, whether it is required of him by nature, or custom, because in some Countries (and those cold) men go naked.
But as to the
last
, it is most certain, that Man is forced to build by nature, as all those Creatures are, whose young are born so weak (like the offspring of Mankind), that they require some time for strength after their birth, to follow their Parents, or feed themselves. Thus the Rabbit, the Fox and Lion make themselves Burrows, Kennels, and Dens to bring forth, and shelter their young, but the Mare, Cow, Sheep,
&c.
bring forth in the open field, because their young are able to follow them as soon as folded.
So that the natural cause of Building a House is to provide a shelter for their young; and if we examine man in his Natural condition without Arts, his Tenement differs little from the rest of Nature's Herd: The Fox's Kennel though not so large, being a lesser creature, may yet for its contrivance in its several apartments be compared with any of his Cottages: Earthen walls, and covering are the manner of both their Buildings, and the Furniture of both their Houses alike: Now as the Rabbits increase, new Burrows are made, and the Boundaries of the Warren are enlarged. So it is with Man, as he increaseth, new Houses are built, and his Town made bigger.
When Mankind is civilized, instructed with Arts, and under good Government, every man doth not dress his own
meat
, make his own
Clothes
, nor
build his own House
. He enjoys property of Land and Goods, which he or his Ancestors by their Arts and industry gained. These Possessions make the difference among men of rich and poor. The rich are fed, clothed, and housed by the labour of other men, but the poor by their own, and the Goods made by this labour are the rents of the rich mens Land (for to be well fed, well clothed, and well lodged, without labour either of body or mind, is the true definition of a rich man.)
Now as men differ in Estates, so they differ in their manner of living. The rich have variety of Dishes, several suits of Clothes, and larger Houses; and as their riches increase, so doth their wants, as Sir
William Temple
hath observed, men are better distinguished by what they want, than by what they injoy. And the chief business of Trade is the making and selling all sorts of Commodities to supply their occasions. For there are more hands imployed to provide things necessary to make up the several distinctions of men. Things that promote the ease, pleasure and pomp of life, than to supply the first natural necessities from hunger, cold, and a house only to shelter their young. Now the Trader takes care from time to time, to provide a sufficient quantity of all sorts of Goods for mans occasions, which he finds out by the Market: That is, By the quick selling of the Commodities, that are made ready to be sold. And as there are Butchers, Brewers and Cooks, Drapers, Mercers and Taylors, and a hundred more, that furnish him with food and clothes; so there are Bricklayers, Carpenters, Playsterers, and many more Traders, that build houses for him, and they make houses of the first, second, and third rate of building in proportion to the increase of the several degrees of men, which they find out by the Market, that is by letting of Houses already built: so that if it were throughly believed, that Mankind doth naturally increase; this miracle of the great increase of Houses would cease, it is therefore necessary to shew that man doth naturally increase.
This may be sufficiently proved by Sacred History, That the World was first peopled by the increase from
Adam
and
Eve
, and after the deluge repeopled by
Noah
and his Sons
Shem, Ham
, and
Japhet
. That the
Jews
began from the single stock of
Abraham
by
Isaac
, and so from
Jacob
; and when
Moses
numbred them, which was not long distance of time (being computed to be about Two hundred and sixty years from
Jacob
) they were above Six hundred thousand fighting men, reckoning only from Twenty years old and upward, besides Women and Children. And when numbred by
David
, which was about four hundred and fifty years after, they were grown a very great Nation, being Thirteen hundred thousand fighting men of
Judah
and
Israel
.
But the late Lord Chief Justice
Hales
in his Discourse on this subject was not contented to relye wholly on Arguments from Authority
of
Holy Writ, and therefore takes other Topicks to confirm the relation of
Moses
concerning the beginning of the world, and the peopleing of it by a natural increase.
I.
From the novity of History
, That no Authentick History is older than four thousand years, and none so old as
Moses
of the Beginning of the World.
II.
From the Chronological Account of Times
. That the
Assyrian, Egyptian
, and
Grecian
Accounts are to be found out in what year of the World they began.
III.
From the beginning of the ancient Kingdoms
, That
Rome
was built by
Romulus
in the Seventh
Olympiad
, the
Assyrian
Monarchy began by
Cyrus
in 55
Olympiad
, and the
Grecian
by
Alexander
in 111.
IV.
From the first invention of Arts
, That the times of the first invention of Husbandry and making of Wine are as well known, as the later Inventions of Gun-powder and Printing.
V.
From the beginning of Religions
, That the time of the Inauguration of the Heathen Deities are known; As when that
Jupiter, Bacchus, Ceres
and
Æsculapius
, and the rest of them were but men of great renown, and for their
Good Deeds
after their death worshipped; As well as when
Moses
, our
Saviour
, and
Mahomet
were born.
VI.
From the Decays
of
Humane
Nature
; but how far that may be true, I leave to further inquiry.
VII.
From the beginning of the
Patres familias
, or the first Planters of the Continents and Islands of the World; that
Helen
gave denomination to the
Grecians
called
Hellenista, Pela sigus
to the
Pelasgi, Latinus
to the
Latins
, and the place called
Latium, Italus
to the
Italians
, and
Italy
is as much to be believed, as that the
English
gave name to
New England
in
America
, and the Names of the Towns there,
London
and
New York
.
VIII.
From the gradual increase of Mankind
; That considering the time of his first Procreation, which is agreed to be about 15 or 16 years, to the time he gives over, which is about sixty: It cannot be otherwise believed but that in the space of five and forty years he must produce a numerous off-spring: And it is no wonder amongst us; For a person to live to see some hundreds descended from his loyns. Afterwards he comes to a particular Observation of the Increase of
England
by comparing the present State of it with the Survey set down in the Doomsday-Book, and makes an Instance in
Gloucester-Shire
, by which it appeareth, that the Inhabitants of that County since that time are greatly increased. And last of all he argueth the Increase of
London
from the
Bills of Mortality
.
These are the Arguments of the late Lord Chief Justice
Hales
, to prove that Mankind naturally increaseth, of which he discourseth at large in his Book of the
Origination of Mankind
, and therein answereth all the Objections to the contrary. And because these two last Arguments from the Survey of the
DoomsdayBook
, and
Bills of Mortality
carry with them the greatest force, for they best discover the matter of Fact as to our own Nation. I have therefore made it my business to make a scrutiny into the truth of them: As to the
first
, it is easie to make it appear that there is thirty times more people in
England
than they were in
William
the Conqueror's time, when the Survey was taken. And as to the
latter
, I shall have occasion to discourse of at large hereafter.
And if it were necessary to use any further Arguments for the proof of this Matter, they would plainly appear by comparing ancient Histories with Modern in the Descriptions they give of the Countries. As to the
great Woods
, the many
little Governments
, and the
manner of the Peoples living without Arts
: But not to wander over many Countries, and among several Historians I will only take the short description that
Cæsar
giveth of our own, to shew how it differs from what it now is.
He says,
"That the inner part of
Britanny
is inhabited by such as memory recordeth to be born in the Island: And the Maritime Coast by such as came out of
Belgia
, either to make Incursions or Invasions, and after the War was ended they continued in the Possessions they had gained, and were called by the name of the Cities from whence they came. It is true,
he says,
"The Country is very populous and well inhabited, with Houses like unto them in
Gallia
."
: But that must be understood as other Countries of
Europe
were then. It appears that in
England
there were many Governments and little Colonies of people,
"for he reckons four Kings in the County of
Kent
, besides some little States.
And he says,
"Most of the Inland people sow no Corn, but live on Milk and Flesh, clothed with skins, and having their faces painted with a blew color to the end they might seem more terrible in fight. The
Britans
Towns,
he says,
is a place ditched about to make a shelter for themselves and Cattel. And their manner of fighting was by making sudden Excursions out of the Woods, and then retiring into them for shelter.
All which Descriptions shew the Country was not so populous as now.
For
where
there are great
Woods
, there is not room for Pasture or Corn, to feed Mankind: Besides they are a shelter for beasts of prey, which man as he increaseth doth every where destroy, and suffers no Flesh-eaters to live but himself, except the Dog and Cat, which he maketh tame for his use. The Lion, Wolf, and the Bear are not to be found in a populous Country; and it is the first business of all the Planters in
America
to destroy the wild Beasts, and the Woods, to make room for themselves to plant in.
And the reason probably of those
Roman
Causways, that we find in
England
, was to make Roads through great Woods to the several
Roman
Colonies; though at this time we find them in open Champaign Countries; for had the Country been so then, they would certainly have made them straiter than we now find them.
The many
little Governments
shew the infancy of a Country, for from single Family-government first began; those Governments were but so many families of great Men: Now the large Boundaries that so many
little Governments
take up in a Country, make one half of the Country useless: For men are afraid to plant or sow too near their enemies Country for fear they should lose their Harvest. Therefore the same Land cannot feed so many people as when it is under but one Government.
Besides
without Arts, a great number of People cannot live together
; the earth by the arts of Husbandry produceth ten times more food than it can naturally. And neither can there be any great Cities, for the Inhabitants have nothing to exchange for their food, for it is the Arts of the City which are paid for the provisions of the Country.
To conclude, nothing is so plain from ancient History as that
Asia
was first peopled, and (according to the Description of
Moses
) began about
Babylon
: And as Mankind increased, and the Country filled with Inhabitants; Arts were invented, and they possest more ground, till they spread themselves into
Egypt
, and so over
Africa
, and from thence into
Greece
, over
Europe
, and now
Europe
being full, their swarm begins to fill
America
.
And all the ancient Descriptions of the Countries of
Europe
, in the times of the
Roman
Greatness, are just such as are now given of
America
, and differs vastly from what they are now, in the number of Cities, Towns, and Arts of Inhabitants.
For were
America
so well peopled as
Europe
is, those great Countries that are possest there by the
Spaniards, French, Dutch
and
English
, some of them bigger than their own Countries in
Europe
, could not be so quietly held, and injoyed by not a hundredth part of the people of their own Country.
And although the valor of the
Roman
Soldiers, and their affected Bravery (grown as it were a fashion, and a popular Emulation) conduced much to the greatness of the
Roman
Empire; yet nothing promoted its success so much, and gave it such large extent as the Infancy of
Europe
at that time, being thinly inhabited
with people, without Arts
, and full of
little Monarchies
and
States
. For had it not been so,
Cæsar
could never have over-run
Gallia, Belgia, Britany
, and some part of
Germany
, and kept them in subjection with only ten Legions of Soldiers, which was but fifty thousand men; for we have seen within these late years much greater Armies in
Belgia
alone, (that is within the Seventeen Provinces, and amongst them men not inferior either in courage or skill in War, and yet have not wholly subdued one Province. And perhaps had these Forces at the same time been sent into
America
, they might have extended their conquest over as much ground and over as many people as
Cæsar
did.
Nor was
England
so populous then as now it is; For had it been,
Cæsar
would never at first have ventured to invade it with two Legions; and at the second time when he designed a full conquest brought over with him but five Legions, that is but five and twenty thousand men.
For although some may think from the great Armies we read of; neer two Millions of men under
Cyrus
and
Xerxes
in
Asia
; and of vast swarms of the
Goths
and
Vandals
in
Europe
, in their Invasions under King
Attila
and others, that the world was more populous than now, because we hear of no such numbers of late; yet if it be considered, it demonstrates only the
manner of their fighting
, and the
infancy of the world
; The
want of people
, and
Arts
, rather than
that it was populous
.
For the Gentiles Armies were made up after the manner of the
Jews
, by taking all that were able to bear Armes, reckoning from about 20 years old to sixty. For when
Cæsar
had slain the Army of the
Nervii
, being about 50000 men, (a valiant people, one of the Seventeen Provinces); the old men and Women Petitioning for mercy, declared that there was not 500 men left in the whole Nation, that were able to bear Arms.
And if the King of
England
should reckon his Army after this manner; Of his eight Million of Subjects (as they are computed to be) there could not be less than three Millions that were able to bear Armes, which would be a greater Army than ever we read of; which must shew that the world was
thin of People
; since the
Assyrian
Empire the oldest, and therefore most populous did never raise so great a number.
And those great numbers shew that they
wanted Arts
; for we read that the
Athenians
a small but learned people baffled and destroyed all the great Army of
Xerxes
, reckoned by some to be Seventeen hundred thousand men; And
Alexander
with a small number of skilful and valiant
Greeks
subdued the then inhabited World.
And although the
Goths
and
Vandals
, and the Cold parts of the World made their Invasion for want of room to live in, yet that proceeded from the
want of Arts
.
For by
Arts
the Earth is made more fruitful, and by the invention of the
Compass
and
Printing
, the World is made more habitable and conversable: By the
first
the Countries Traffick and Exchange the Commodities they abound with, for those they want. The Timber, Pitch and Tarr of the cold Countries are Exchanged for the Wine, Brandy, and Spices of the hot. By the
latter
all Arts are easier discovered; By Traffick and Arts the Inhabitants of the cold Countries are better fed, better clothed, and better lodged; which make them indure the Extremities of their Climates better than formerly; and as they increase they build new Towns, inlarge their Cities, and improve their own Country; instead of invading and destroying their Neighbours.
But to return home: It is plain that the natural increase of Mankind is the cause of the increase of the City, and that there are no more Houses built every year in it, than are necessary for the growth of the Inhabitants: As will somewhat appear by the number of
Apprentices
made free, and
Marriages
every year in the City.
By the best computation that I can learn, there are no less than ten thousand Married every year in the City; which is no great number considering the number of Inhabitants: And if we should allow two Weddings in a Parish every week one with another, (there being a hundred and thirty Parishes in all) it will much exceed this proportion. Now in some Parishes there is seldom less than ten in a week. And in
Dukes-place
, and St.
Katharine's
, being privi ledg'd places, there is ordinarily twenty or thirty in a week.
As to the number of Apprentices that come every year out of their time, there are not less than Nine thousand; which will not be thought too great a number, if we reckon the Houses in the City, to be about Fourscore thousand: And if the fourth part of this number be allowed for the Gentry, or those which live without Trades or Professions; and the three other parts being Sixty thousand, for Trades or Professions; and one Apprentice to every House (though in some Houses are three or four Apprentices); and that in seven years the whole number come out of their time; then in every year a seventh part of Sixty thousand, (which is about Nine thousand a year) will come out of their time. Now if Mr.
Grant's
Computation be right, that these Houses contain Eight persons, one with another, then there ought to be a thousand Houses at least built every year for these Nine thousand Apprentices that come out of their time, and the Ten thousand Weddings to have room to breed in. And this proportion is only sufficient to lodg them, and not for places to Trade in, for nine Traders cannot live in one House. Therefore some of their Masters, or other Traders must either die, break, or being grown too rich give over their Trades to make room for some of them to have places to Trade in, besides those that are furnish'd with places by the new Houses.
But I find Mr.
Grant
much mistaken in his account about the number of Inhabitants in each House in the out-parts; Perhaps it was from the rebuilding of the City with Houses more capacious and more in number. For in this last five and twenty years: the Inhabitants are now a third part more, as appeareth by the Bills of Mortality; For in the year 1660 and 1661 there died between Thirteen and fourteen thousand a year, and now there dies betwixt Twenty one and twenty two thousand a year. So that there ought to have been built above Twenty six thousand Houses in these twenty five years, which is above a thousand Houses a year to lodg this increase, which are much more than have been built in the out parts, for it appears by Mr.
Morgan's
Map of the City that there have not been built in this time 8000 Houses, that is not 300 Houses one year with another.
But this is certain, that there are no more Houses built every year than are occasion for; because there are Tenants for the Houses, when built, and a continuance every year to build more. For the Builders will do as other Traders, who, when the Market is overstocked with their Commodities, and no occasion for those already made, forbear to make any more, or bing them to the Market, till a new occasion requireth them. And when they find they cannot lett those already built, they will desist from building, and need no Act of Parliament to hinder them. So that we may as well complain that there is too much Cloth and Stuff made, too much Corn sowed, too many Sheep or Oxen bred, as that there are too many Houses built; too many Taylors, Shoo-makers, Bakers and Brewers, as there are too many Builders.
Of the Effects of the increase of Buildings, and first as it relateth to the City
.
NEW Buildings are advantageous to a City, for they raise the Rents of the old Houses. For the bigger a Town is, the more of value are the Houses in it. Houses of the same conveniency and goodness are of more value in
Bristol, Exeter
and
Northampton
, than in the little Villages adjoyning.
Houses in the middle of a Town are of more value than those at the out-ends; and when a Town happens to be increased by addition of New Buildings to the end of a Town, the old Houses which were then at the end, become nearer to the middle of the Town, and so increase in value.
Houses are of more value in
Cheapside
and
Cornhill
, than they are in
Shoreditch, White-Chappel, Old-Street
, or any of the Out-parts; and the Rents in some of these Out-parts have been within this few years considerably advanced by the addition of New Buildings that are beyond them. As for instance, the Rents of the Houses in
Bishopsgate-Street
, the
Minories
, &c. are raised from fifteen or sixteen pounds
Per Annum
, to be now worth thirty, which was by the increase of Buildings in
Spittle-Fields, Shadwell
and
Ratcliff-Highway
. And at the other end of the Town those Houses in the
Strand
and
Charing-Cross
are worth now fifty and threescore pounds
Per Annum
, which within this thirty years were not Lett for above twenty pounds
Per Annum
; which is by the great addition of Buildings since made in St.
James's, Leicester-Fields
, and other adjoyning parts. But in those Out-parts where no New Buildings have been added, as in
OldStreet, Grub-Street
, and all that side of the City which does not increase, Houses continue much of the same value, as they were twenty years ago: And the reason of this is; because Houses are of value, as they stand in a place of Trade, and by the addition of new Buildings the place becomes to be a greater Thorough-fare, by the passing and repassing of the Inhabitants to these new Buildings.
2. They are advantageous to the City, because they increase the Trade of it: The Trade of the City is either
Wholesale
, or
Retail
. Now the New Buildings of
Bloomsbury, LeicesterFields
, St.
James's, Spittle-Fields, &c.
are like so many new Towns for the Wholesale-Trader to Traffick in. The Inhabitants of these places do eat, wear Clothes, and furnish their Houses, and whatsoever Commoditie they use, come first from the Merchants, or WholesaleTrader. For the City is the great Mart for Goods, from whence all other places must be furnished; so that the New Buildings are beneficial to the Wholesale Trade of the City. And it appears that they are likewise advantageous to the RetailTraders, because they can afford to give more Rent for their old Houses, than they did for merly; for otherwise none would believe that the Tenants of
Bishopsgate-street
, and the
Minories
could subsist and pay double the Rent for their Houses within this thirty years, had they not a better Trade in those places than formerly.
Of the Effects of New Buildings as they relate to the Country
.
NEW Buildings are advantageous to the Country: I. By taking off the Commodities of the Country,
The Materials of these Houses, as Stones, Bricks, Lime, Iron, Lead, Timber,
&c.
are all the Commodities of the Country. And whatsoever the Inhabitants of these New Houses have occasion for, either for food, Apparel, or Furniture for their Houses, are at first the growth of the Country; And the bigger the Town grows, the greater is the occasion and consumption of these Commodities, and so the greater profit to the Country.
II. New Buildings provide an habitation and livelihood for the Supernumerary and use less Inhabitants of the Country. The younger Sons of the Gentry, the Children of the Yeomen and Peasants are by these means provided with Callings, Imployments, and Habitations to exercise them in; which should they have continued in the Country, would have been burdensome, and chargeable to their Friends for want of Imployments.
For there is always Inhabitants enough left in the Country for the imployments of the Country. For if the Country wanted people, there would be a want of their Commodities, for want of hands to provide them.
Now there is as much Land Plowed, and all sorts of Grain sown, and reaped every year, as there is occasion for; and sometimes more: For the Crown in some years hath been at charge to Export it. And there is as much Wooll provided and made into Clothes and Stuffs, as the Market can take off, and so for all other Commodities of the Country.
Nay there are more of all the Country Commodities every year made than formerly: There are more Stuffs, more Clothes sent up to
Gerard's
and
Blackwell-Hall
, as appears by the Entries of those Halls; and more Sheep and Oxent sent to
London
, and eaten, than former ly. For there are more people in the City to be fed; so that there must be more hands in the Country to provide this greater quantity of Commodities: And the Country does increase as well as the City, as hath been already observed from the
Doomsday-Book
.
Therefore if the Rents of the Lands fall in the Country, it must not be ascrib'd to the
New-Buildings draining their Inhabitants
, but to some other occasions; Which probably may be from the great improvements that are made upon the Land in the Country, either by draining of Fens; improving of Land by
Zanfoin
; or other profitable Seeds; inclosing of grounds, or disparking and plowing of Parks, by which means the Markets are over stock'd and furnished at a cheaper rate than those Lands can
afford
, who have had no advantage from improvements: Or else the Market is removed at a greater distance, and the Lands are forced to abate in their price for the carriage; The Town perhaps is decayed, that they used to furnish, and the Trade removed to move other flourishing place at a greater distance; occasioned some times by the death or removal of some great Clothier or Trader; or some other natural obstruction of the place; as the choak ing up of some Haven, and the forsaking of the Sea, which is the reason of the decay of the Cinque-Ports. These or some other occasions may make some particular mens Farms fall in value; but there is never a County in
England
, where the Land of the whole County doth not produce a third part more in value than it did within a 100 years, and whosoever will compare these present Rents, with what they were then, will find them generally increased. Therefore the New Buildings of this City cannot prejudice the Country, but are greatly advantageous to it.
Of the Effects of the New Buildings, as they relate to the Government
.
I. NEW Buildings are advantageous to the King and Government. They are instrumental to the preserving and increasing of the number of the Subjects; And numbers of Subjects is the strength of a Prince: for Houses are Hives for the People to breed and swarm in, without which they cannot increase; And unless they are provided for them from time to time in proportion to their increase, they would be forced to go into the Plantations and other Countries for habitations; and so many times become the Subjects of other Princes; but at the best the Country loseth the profit of feeding them; for they that live in a City are unskilful and unfit for Country-life; and this is the reason why so many
Scotch
Citizens are wandring Pedlers: and that every Town in
Europe
hath a
Scotchman
for an Inhabitant.
And that this will be the Effects will appear plainly by examining the growth of the City of
London
, since the Buildings have flourished, with its condition, when the Buildings were prohibited; And we cannot make a better discovery of it than by the Bills of Mortality, for it is reasonable among such a number of Mankind, such a number should die; and whether it be in such a proportion as one in three and thirty, as Mr.
Grant
and Sir
William Petit
have observed, is not so material to this purpose; but it is a certain demonstration, That if the Burials have increased, the number of Citizens hath increased, though the proportion may be uncertain.
Now to begin the Observation from the first Bills, that were Printed, which was in the year 1606, for the space of six and seven and twenty years, we shall find very little increase in the City, for in 1606 and 1607, there died between six and seven thousand a year; and in the years 1632 and 1633 there died betwixt eight and nine thousand; Now the reason of this was the People of
England
were a little before that time under the same mistake, as they are generally now, and cried out against the Builders, that the City would grow too big; and therefore in the 38 of Queen
Elizabeth
they made a Law to prohibit Buildings in the City of
London
; which though it was but a probationary Act, to continue only to the next Sessions of Parliament (which was but a short time) yet its effects were long; For it frighted the Builders, and obstructed the growth of the City; and none built for thirty years after, all King
James
his Reign, without his Majesties License; But for want of Houses the increase of the People went into other parts of the world; For within this space of time were those great Plantations of
New England, Virginia, Mariland
, and
Burmudas
began; and that this want of Houses was the occasion is plain; For they could not build in the Country, because of the Law against Cottages. For people may get children and so increase, that had not four Acres of ground to Build on.
But the People of
England
at last were convinced of this popular error, and petitioned in Parliament his Majesties K.
Charles
the Martyr, that he would take his restraint from the Builders; and if the next period of seven and twenty years be examined, wherein there was a greater liberty of Building, though in this space there was a great Rebellion and Civil Wars, which is a great allay to the growth of the People, yet there appeareth a much greater increase of the City of
London
; For in the years 1656 and 1657, the Burials were twelve and thirteen thousand,
But the flourishing condition of the City of
London
raised a new clamour against the Builders, and
Oliver
the Usurper glad of any pretence to raise a Tax, made use of this clamor, and laid it upon the new Foundations; but though it was an heavy and unjust Tax upon the Builders, yet he got little by it, for the whole Summ collected was but Twenty thousand Pounds clear of all charges, as appears by the Records of the Exchequer; however it had the same ill effects to stop the Builders, and growth of the City; for the People for want of Houses in that time began that great and flourishing Plantation of
Jamaica
.
Now if the last Period since his Majesties happy Restauration be examined, wherein the Builders have had the greatest liberty, it will appear that the Inhabitants of the City have increased more than in both of the former Periods; for the yearly Bills of Mortality are now betwixt two and three and twenty thousands, so that the City is since increased one third, and as much as in sixty years before.
This is sufficient to shew that a Nation cannot increase without the Metropolis be inlarged, and how dangerous a consequence it may be to obstruct its growth, and discourage the Builders. It is to banish the People, and confine the Nation to an Infant Estate, while the Neighbouring Nations grow to the full strength of Manhood, and thereby to render it an easie conquest to its enemies.
For the Metropolis is the heart of a Nation, through which the Trade and Commodities of it circulate, like the blood through the heart, which by its motion giveth life and growth to the rest of the Body; and if that declines, or be obstructed in its growth, the whole body falls into consumption: And it is the only symptome to know the health, and thriving of a Country by the inlarging of its Me tropolis; for the chief City of every Nation in the world that flourisheth doth increase.
And if those Gentlemen that fancy the City to be the Head of the Nation, would but fancy it like the heart, they would never be afraid of its growing too big; For I never read of such a disease, that the Heart was too big for the Body. And if we are of
Machiavel's
opinion, this
simile
is the best, for he saith, that Citizens make no good Counsellors, for having raised their Fortunes by Parsimony and Industry, they are usually too severe in punishing of Vice, and too niggardly in rewarding of Vertue.
2. It is the interest of the Government, to incourage the Builders; not only because they preserve and increase the Subjects, but they provide an imploy for them, by which they are fed, and get their livelihood.
There are three great ways that the People in all Governments are imployed in: In providing
Food, Clothes
, and
Houses
. Now those ways are most serviceable to the Government, that imploy most of the People; Those that are imployed in feeding of them, are the fewest in number: for ten men may provide food enough for a thousand: but to cloth, and build Houses for them, requireth many hands: And there is that peculiar advantage that ought to be ascribed to the Builder, that he provideth the place of birth for all the other Arts; as well as for man. The Cloth cannot be made without houses to work it in. Now besides the vast numbers of People that are imployed in digging and making the Materials, the Bricks, Stone, Iron, Lead,
&c.
all those Trades that belong to the furnishing of an house, have their sole dependencies on the Builders, as the Upholsterers, Chair-makers,
&c.
But that which is the greatest advantage, they do not only provide a Livelihood to those that belong to the building, and furnishing of Houses, but for the Tenants of those New Houses: For the People being collected and living together in one Street, they serve and trade one with another: For Trade is nothing else but an exchange of one mans labour for another: as for instance, supposing an hundred men which lived at great distance before; some in
Cornwall
, others in
Yorkshire
, and so dispersed over all the Countries in
England
, live together in one Street; one is a Baker, the other a Brewer, a Shoo-maker, Taylor,
&c.
and so in one Trade or other the whole hundred are imployed; The Baker gets his living by making Bread for the other ninety, and so do all the rest of them; which while they were dispersed at distances, were useless, and could not serve one another, and were ready to starve for want of a Livelihood.
3. But they get not only a Livelihood, but grow rich: There ariseth an emulation among them to out-live and out-vye one another in Arts. This forceth them to be industrious, and by industry they grow rich.
4. The increasing of Buildings, and inlarging of Towns, preserveth the peace of a Nation, by rendring the People more easily governed. First it is the Builders interest of all sorts of men to preserve peace: Every man that buildeth an House, gives Security to the Government for his good behaviour. For War is the Builders ruin. The Countryman may expect to enjoy his Land again, though for a time it be laid wast; the Merchant may hide his Goods, or remove them; but when the Town is besieged, the Houses are fired, the place made desolate, and nothing is left to the Builder but ruins, the sad remembrance of his condition.
Besides, all Cities are more inclined to Peace, than the Country; the Citizens Estates are in Trade, and in Goods; many of which grow useless in War, and lye in other Peoples hands, and their Debters run away, and take Sanctuary under the Sword; And Citizens being usually rich, cannot endure the hardship of War. Next, great Cities are more easily Governed, because they are under the eye of the Prince, as generally the Metropolis is; or else under some Governour, who by his rewards from the Crown, is engaged to be very watchful in preserving the Peace; so that if they should grow factious, they are more easily corrected. Thus the
Ottoman
Power governs his Conquest by destroying Villages and lesser Towns, and driving the People into Capital Cities, which by the presence of some
Pasha
are governed. Thus the King of
France
in his late Conquests in
Flanders
and
Alsatia
, burnt some hundreds of Villages; but
Luxembourg, Strasbourg
, and other great Towns are preserved. And the bigger the City, the more advantageous to the Government; for from thence they are on a sudden the better supplied with Men and Ammunition, to suppress any Rebellion, or oppose a Foreign Enemy.
Lastly, New Buildings increase his Majesties Revenues, not only by the ChimneyMoney, which makes it a growing Revenue; but by the Customs paid for the Materials to build and furnish the Houses. Besides they being the cause of the increase of the City, all the increase of the Revenues from the Excise and Customs (since the Cities increase) must be ascribed to them: which are a fourth part more than they were five and twenty years ago. And the Excise is not only increased in the City, but it is so in the Country; which must not be ascribed solely to the good Management, but chiefly to the natural increase of the People. For if there be a third part more People in the City than there were five and twenty years ago, there must be a proportionable increase in the Country to provide Food and Clothes for them.
To conclude, It was upon these considerations, That by the building and inlarging of a City, the people are made great, rich, and easily governed: That those ancient and famous Governments,
Thebes, Athens, Sparta, Carthage
and
Rome
, began their Dominions, and inlarged them with their Cities; and of late the States of
Holland
have followed these Examples.
The Citizens of
Amsterdam
have thrice flung down their Walls to inlarge it; so that from a little Fisher-Town within less than 200 years it is become the third or fourth City of
Europe
: and the rest of their Cities have followed their Pattern; and made Grafts and Streets at the charge of the Government; endeavouring to outvie one another by giving Priviledges to incourage the Builders and Inhabitants. And these States have found the effects of it; for by this means they have changed their Style from the Poor Distressed States, (as they wrote to Queen
Elizabeth
) to the High and Mighty States of the United Provinces.
And if the City of
London
hath made such a Progress within this five and twenty years, as to have grown one third bigger, and become already the Metropolis of
Europe
, notwithstanding the Popular Error the Nation have been infected with, and the ill censures and discouragements the Builders have met with; had they been for this last hundred years encouraged by the Government, the City of
London
might probably have easily grown three times bigger than now it is.
And if we consider what the natural effects of so great a City must have been; To be furnished with such large Provisions for War suitable to its greatness; Such a vast number of Ships; being situate on an Island and Navigable River; filled with innumerable Inhabitants, of such natural courage as the
English
are; and to be so easily transported on a sudden with all things necessary for War, it would long before this time have been a Terror to all
Europe
; and now would have had the opportunity, under the Government of such a Martial Prince as now reigns, to be made the Metropolis of the World; to have caused
England's
Monarch to be acknowledged Lord of all the Navigable Cities and Sea-port-Towns in the World; to have made an Universal Monarchy over the Seas, an Empire no less glorious, and of much more profit, than of the Land; and of larger extent, than either
Cæsar's
or
Alexander's
.
FINIS.
THE Second Part OF THE
Notorious Impostor
, Compleating the History of the Life, Cheats,
&c.
of William Morrell, ALIAS BOWYER, Sometime of
Banbury
, Chirurgeon.
Who lately personated
Humphrey Wickham
of
Swackly
, in the County of
Oxon
, Esquire, at a Bakers House in the
Strand
, where he Died the third of
Jan.
1691/2. Together With some further passages Relating to his Sickness and Death not before mentioned.
LONDON
, Printed for
Abel Roper
at the
Mytre
near
Temple-Bar
, 1692.
To the Church-Warden and Overseer, Executors of the late Renowned Captain
, &c.
GReat Names, and High Titles are always attended by a Train of Suitors and Addressors; and therefore, worthy Sirs, when this Epistle Dedicatory comes to Your Hands, pray do Your Selves and Us that Right, to accept it as no other than a piece of Homage to the Executors of the late Honourable Captain. Great Names did I say? Yes, Gentlemen Executors, Yours as Great as it is, is indeed but a Name. And considering what it has cost you, give me leave to rebuke the hard World you live in, for envying You even that poor Feather in Your Cap, when You have almost paid as dear for the Honour, as the Court Fees for a Baronet. Nay, to have a cautioning Epistle too from
Swackly
, with no less Denunciation against You, than to command You to take Your High and Mighty
Last Will and Testament
from off the Prerogative Roll, or to answer the Refusal in
Westminster Hall
. Raze Your Records! Do they say! an Executorship no more than an
Olivers
Knighthood. 'Tis a little of the severest, my Masters. Expunge Your Title, and blot out Your Scutcheon, when 'tis all You have to shew for Your Money! However, since You have met such unkind Treatment from the rest of Mankind, we are resolved to make You some little Reparation,
viz.
by prefixing your Names to the History of our Deceased Heroe, as a Monument to Your Memories, which the rest of the malicious World denies You.
Nay Gentlemen, considering the severity of Your hard Fortune, pray excuse our Zeal in giving You a little Advice how to retrieve Your Losses. Since you are like to be such Sufferers by Your Executorships, e'ne recover all again by Your Overseer and Church-Wardenship. Bring in Your next Parish Bill, charg'd with such an over-grown Foundling laid at your Doors, and Attach the Money in Your own Hands for Nursing it.
Your Humble
, &c.
THE
Second Part
OF THE Notorious Impostor, &c.
THE general Reception the First Part of our Impostors Life has met, encourages us to pursue the Subject, hoping that this further Narrative of his Adventures will give the Reader no less Diversion. And that the Reader may be satisfy'd in the Integrity and Truth of our History, we desire him to consider that he dyed in the midway between fifty and sixty years, and having for a score of the last of 'em, play'd at no other Game than cheating the World in all the Shapes and Masques he cou'd invent, we are so over-furnisht with matter of Fact, that we have not the least need to load him with the least untruth; and therefore we make this real Profession, that excepting a little Garniture, (that common pardonable Liberty) the whole Feast we treat you with, has not one borrow'd Dish. Nay hundreds of his diminutive Frauds here in Town, as vulgar sharping Tricks, we purposely omit, as too trivial and unworthy our Cognizance, and too poor for your Entertainment.
And whereas his most notorious Delusions were his Marrying of so many Wives, and the politick Artifices and Lures used by him to decoy those poor Creatures into the Gripe of his Talons, were the grandest of his Rogueries, we have been chiefly inquisitive into that particular walk of our
Proteus
, as the most intriguing part of his Life, and indeed his Master piece of Projection, and consequently the most divertive for your Reading.
In our first part we gave you at large three or four famous Amours of his, and leaving off at his Inn-keepers Daughter of
Bathe
, (where we frankly told you that for want of farther Intelligence we over-leap'd some years) we think fit to continue the prosecution of our History from the end of that Adventure, and so fill up the vacancy occasion'd by our then want of Information, with which (from very good Authority and Credit) we have now better supplyed our selves.
His continued good Luck at the Female Quarry succeeding so prosperously, he has hardly snapt and gorged one, before he's for flying at a second.
Leaving therefore his last Wife (as before mentioned) the Inn-keepers Daughter to shift home, not only pennyless, but almost naked too, (as before at large) it being then in the gay time of Summer, he buys him a very stately Gelding, and prances down to
Slough
near
Windsor
. There taking a Genteel Lodging, and throwing off his old now Hackneyfied Disguise of the Countrey Gentleman, he assumes the Character of a
London
Merchant; and though the little distance of twenty Miles laid the Scene very nigh, and consequently (one would think) exposed him to something more hazard than any of his former remoter pretensions, however he is so flusht with success, and thereupon so hardy an Enterprizer that he reckons upon Fortune, now intirely his own, as no less than bound to his Cause, and her Smiles as secure, as himself her now darling Favourite is fearless and undaunted.
His Tent therefore pitcht at
Slough
for the best part of this Sommers Campaign, with sufficient of Gold, and what not, in his Pockets, he Contracts (amongst other Countrey Acquaintance) a great intimacy with the Minister there. And at length praising the good Air of that Countrey, and the sweetness he tastes in the Conversation thereabouts, he desires the Parson (his now Intimate) to inform him of some Purchase of fifty, sixty, or rather than
full
, seventy pound
per annum
somewhere near there; if a good House upon it so much the better; otherwise it will put him to some few hundreds extraordinary Expence. If any such Purchase can be found, he shall be gratefully thankful to him: For resolving to get him some Countrey Seat for a little Summers Retirement from his Fatigue at
London
, he has not met that place in the World that pleases him better. The Parson, kindly replyed, That truely he did not yet know of any such Purchase, but he would make it his Business to inquire, and inform him accordingly.
It falls out here that he insinuates into the Conversation of a Countrey Gentleman that had a very pretty Daughter, to whom he could give Five Hundred Pound Portion. Through his Acquaintance with the Father he finds Opportunity and Access to the Daughter, and in a little time professes downright Love. Now besides a great deal of Wit and Sense in the Daughter, here was a very Judicious and Sensible Man to her Father, and likewise a very Ingenious young Gentleman her Brother, all three to be coped with; insomuch that the highest of Prudence ought to be used to manage the Amuzement, and fence off all Curiosity and Enquiry, which (considering how near
London
lay) might dash the whole Plot. For that purpose he no sooner declares his Passion, but at the same time he utterly abjures all pretensions to a Farthing of Portion, (if he may be so happy as to succeed in his Love) that truely his Affairs and Circumstances are far above so poor a Thought. Whatever her Fathers Goodness did or might have intended for her, he is free to keep for the bettering the Fortune of so hopeful an Heir of the Family as the young Gentleman her Brother: It is enough that the possession of her dear Person is all his Ambition, and if after all his prosperous Ventures both at Sea and Land, to Crown his Felicity he can but carry this last dear Prize, he has all he wants in this World. Nor is Beauty the only Charm he finds in his dear Mistress, her Vertue is her most captivating Perfection. Alas, if he had sought either Face or Fortune, those were to have been found nearer home, and possibly, where he was better known,
viz.
in his walks upon the
Exchange
, and thereabouts, whatever personal wants he had, however his other Qualifications would have made him no hard Access to very considerable Fortunes. But as his Natural Jealousie of Town Beauties had all along made him somewhat colder in the choice of a
London
Wife, he declares that the vanquishing of his Heart was reserved only for some sweet Countrey Innocence, which truely he had never met with till now.
This Declaration carries a very pleasing Face every way. Here, the Daughter for her part has the Heart of a Rich Merchant of such vast Estate, that her inconsi derable Portion is not worth his Acceptance, and consequently if she can like the Man, she has all the Reason in the World to Embrace the Addresses of so qualified a Suetor. Here are Father and Son likewise under no occasion of complaint, for one is like to save Five Hundred Pound by the Bargain, and the other to get as much. And therefore 'tis a Match they ought not to oppose. And to put all suspicions out of their Head, what Reasons have they to mis-doubt his being the Man he pretends, for he had then a pretty many years upon his Back, and therefore unlikely to commit so boyish a Folly to take the Luggage of a Wife with never a Groat with her, unless he had wherewithal of his own, to supply that Defect. Besides, here was all the Appearances possible both of Honour and Honesty in his Daughters
Inamorato
, for more and above the daily management of his Discourse, and his prompt Answers and Insight to all Affairs in the World, which discovered a Person certainly of publick Business, his Port and Figure he made amongst them, together with the Grandure of his way of Living, confirm'd their intire Belief and Confidence. And to conclude all, who cou'd suspect a Counterfeit that would Cheat for nothing.
During his Courtship he presented his Mistress with a very Rich Gold Watch, and as he gain'd ground not only upon her, but went a great stroke with the Father and Son, who were mighty inclineable to the Match; at last he pusht home, and gain'd the Consent of all Parties concerned. The Father and Son were of Opinion that they should all go to
London
, and the Wedding and Bedding work should be all done there at his own House in the City. With all his Heart replyed the Spark, only one Inconvenience attended that Proposition. For it would be impossible for him to Marry in
London
without dragging a great deal of noise and trouble at his Heels. For unless he would disoblige more than a Hundred Eminent Citizens, his particular Friends (which in Honour he could not well do) he must be forced to make a publick Wedding of it, and so draw on a great deal of Ceremony and Hurry, which truely, (might he be chuser) did not agree with his Inclination. Nevertheless, if they so pleas'd, he was ready to acquiesce to their absolute Commands. But otherwise, for prevention of all that, if he might direct, he would desire to divide his Blessings between the Countrey and City,
viz.
have the happiness of Marrying her in the Morning at
Slough
, and then have the Honour of their good Companies with him to
London
, and there Bed her at his own House.
This appear'd so highly reasonable, that three places are order'd to be taken in the
Windsor
Coach to Morrow for
London
, and the Marriage to be Solemnized Early before the Coach sets out. And accordingly our Lovers, who wake with the Lark, are the next Morning devoutly join'd together. When the Nuptial Rites were perform'd, and a small Collation prepared before setting out, he publickly again declared his Protestations against all pretences to a Portion. However as he had now taken the dearest Creature in the World into his Arms without any such Claim or Pretension, and the longest day of his Life he should maintain her to the highest Dignity and Grandure of a City Merchants Lady, as much as if she had brought him Thousands of her own to do it with, yet as perhaps there might be some Wedding Garments, and other small matters wanting suitable to His Bride, he durst not presume to make her any Present of that kind, lest possibly it might be some little Indignity and Reflection upon Her own Honour in accepting of any such offer; and therefore that part he left to her and her Relations pleasure and discretion. His putting them in Mind of that necessary point, appeared more like a piece of Gallantry than any thing else from him. And thereupon both the Father and Bride take a whisper privately together, and immediately the Closets and Cabinets were rumaged, and near a hundred Guineas muster'd up, and stowed in a small Casket to carry with her to
London
, to rig her in all ample manner accordingly. As they merrily Travel along, the Father, Bride and Brother in the Coach, and the Bridegroom
en cavalier
Riding by, taking a little start before 'em upon
Hounslow Heath
, he comes back furiously Galloping to the Coach side, and with much concern bids 'em have a care for he was certain there were Highway men before in the Road, and he much feared the Coach would be Robb'd. This put the Travellers into some small fright, and all of 'em (for the Coach was full) into a very great Care how to preserve the small Treasure they had about them. Nay Gentlemen, replies the Spark, for that small matter I have about me, I fear not all the Thieves in
Christendom
to take from me, for though I profess my self no Sword-man to Fight for it, yet I thank God, I have a Horse has such a pair of Heels as I defie any Man in
England
(especially upon this open Plain) to out-ride me. This Hint made the poor Bride immediately Request his securing some small things of hers, and thereupon she gave him her little Casket, and her Gold Watch to carry for her, withal desiring him to speed off the safest way he could, and tarry for the Coach at the
Red Lion
in
Brentford
; Her prudent Example encouraged some other Passengers in the Coach to desire him to do them the like Favour; one Lady in the Coach desired him to secure a Diamond and a Gold Ring of hers, which she took from her Finger; another Gentleman clapt a Purse of near twenty pieces of Gold into his Silver Tobacco-box, and besought him to give it Sanctuary in his Pocket to
Brentford
. In short, some other small matters were presently entrusted to his Protection and Preservation; and so being desired to troop off with all speed, and to meet 'em at the general Rendezvouz aforesaid, our Merchant puts Spurs to his Steed, and the Coach trundles leisurely after him.
At
Brentford
they arrive safely in some little time after, and making a halt at the
Red Lion
, inquiry is made if a Gentleman so mounted, and so drest was there. No; answer was made, no such Man was there; but upon examining the Horse and the Rider they had described, that very Gentleman, about half an hour ago was seen to Ride almost full speed through the Town towards
London
.
The Bridegroom so strangely out riding his Stage, put the whole Company into some little Consternation, but the Bride more especially, it being a matter of no mean surprize to her to have a Bridegroom so unkind, or so frolicksome at least, to Ramble away from her on her very Wedding Day in so odd a manner. A great many several Discants were made upon it by the whole Company; but as all of 'em happen'd to be some small Neighbours to
Slough
, and had either converst with this Honourable Merchant during his Abode there, or at least had heard of his Fame, it was concluded of all Hands 'twas only intended as a Jest, and so they all moved on towards
London
, not doubting in the least but to find it so.
When they arrived at
London
, the young Lady as Guarrantee for her Bridegroom, though she could not well invite 'em with Convenience that Night, besought all their good Companies to Morrow at Dinner with her at her House in
Limestreet
, there to call their Trustee to an Account, and to laugh out an Afternoon with her upon their Travelling Adventures.
Having thus dismist their Fellow Travellers; a Hackney Coach is taken to drive to
Lime-street
. When they came there, and such a Merchants House was asked for, a Name very like it was found in that Precinct, but both the Gentleman and House they inquired for, were utterly Strangers to all the Inhabitants round, and neither that Night nor next whole Day could give 'em any Tale or Tydings of her new Husband. However in all this utter Darkness, as she is left in Ignorance, she has the Comfort to be left in Innocence too, for thanks to her kind Stars there was no Consummation in the Case, as much a Wife as she is, she is a Virgin Bride at least, and as much cheated as they have all been, our young Spouse has the satisfaction of that single happy Escape to counter-ballance all the rest of her Losses. What Reparation our fair Promiser made to her Fellow Sufferers in the Coach our Story mentions not, but the Father, Son, and Bride returning by weeping Cross, they found this Farewel Epistic at their Arrival at
Slough
.
My Sweet Bride,
AY too sweet, God wot, to be so lost. Had we but consummated, my Chicken, had I but got the Virgin Toy, signed and sealed, my Sweeting, it had been a Prize worth all the other Treasure. But my hard Fate had otherwise decreed: And I must e'ne sit down by my losing Bargain. But my Dear, notwithstanding my abrupt parting, prethee do not conceive hard Thoughts, nor fancy me a Masquerader: for though my House is removed from
Lime-street
, upon my honest word I am a true Merchant, and have hook'd in my Venture. Pray Comfort your Condoling Fellow Travellers, and assure 'em their Moveables I took into my protection are all very safe, and that I shall take all possible care in performing my Trust in keeping 'em so. And now Child, if thy Defeat of a Bed-fellow should set thee a Gog for a new Husband, for thy Consolation let me tell thee that I am fairly drawn off to make room for a happier Successor; & at thy next Prayers for a Man in thy Tables to fill up the Blot I leave open; thank Heaven thou hast scap'd so well, for thou hast received the first Mercy I ever shewed thy Sex before; and so Dear Widdow'd
Turtle
, farewel.
This Adventure so luckily concluded, our Wise-Merchant takes a little Recreation in
London
, and then tired with Ease and Idleness, he thinks it high time to look out for new Game. His Rambles have hitherto mostly lain Westward, and the Success he has gotten there, invites him to try his farther Fortune a Field the same Road. Down therefore his Galloper and he set out, and meeting nothing in the way worthy his Atchievement, he fixes at last at the Town of
Wells
. Here he is a Countrey Gentleman again his Name
Bowyer
, Brother to Sir
Charles Bowyer
. This Town happily afforded a Boarding School for young Girls, where the Fair Recluses generally are not altogether Nuns Flesh, and where notwithstanding the watchful Oversight of those Guardian Dragons the Governesses and Super-Intendants, Love too often leaps the Pale, and many a bold
Jason
very luckily moves off with a Golden Fleece.
At this Castle 'tis resolved our next Batteries shall be levell'd; only all the hardest work here is the making his Approaches. For that purpose he inquires first, who and what the Fair Inhabitants are, and the like; where he is soon inform'd of several considerable Fortunes amongst 'em; but most of 'em either under Guardianship or Parents, and though allyed to pretty considerable Effects, the Lash is in Hucksters Hands. The carrying the Dam sel, will not finger the Gold, and our Business being only to snap and away, a lighter Cargo than those unweildy Portions does our Job. And accordingly he discovers one just sizable for his Turn. A Tradesman's Daughter, her small Portion about 180
l.
and all in her own Hands, or at least in her own power, her Parents and Friends all Dead, and therefore at her own disposal, and likewise something of the Elderlyest for a School-miss, being indeed about 20 years of Age.
'Tis resolved then to fix here; And, for a handsome Initiation, his first Attacque is onely from his Eyes; he sees her first at Church, where his whole Devotion is so intent upon no other Object, that he gives her occasion to observe him. His Gentile Equipage, and, in a Stranger too, might very well draw some Eyes in a Countrey Congregation; and this young Devotees were not so wholly tyed to her Prayer-Book, but hers might rove a little: she no sooner saw him, but she met a very Passionate and Long wishing-Look returned her: if her Curiosity peep'd a second time, she found him in the same posture, his Eye never off of her. And this he continued Forenoon and Afternoon, in such a manner, that it was impossible, even for Indifference it self, not to Remark him.
Next morning he makes some means to get the Company and Ear of one of the Sub-Governants of the School, a Matronly kind of a Tutouress. He cannot tell what Malleable Mettal she's made of, and how far she may be tempted to betray a little Trust. However he resolves to try. And if she be to be shaken, at least he'll use the most Perswasive Arguments to Assail her.
Accordingly, having first beg'd the Favour of a full Hearing, he begins to lay open his Case in manner fol lowing. First, he discovers his Birth and Quality, a Brother of the Honourable Sir
Charles Bowyer
. Secondly, Though a younger Brother, yet provided with a Plentiful Patrimony to keep up the Port of a Gentleman. Then, that yesterday at Church, he had seen the onely Sweetness upon Earth that he cou'd truly Love: That it was some Extraordinary Destiny that had brought him thither, to lose his Heart to so Lovely a Creature: and then telling his Name (which his Love had made him inquire into) the present Suit he had, was, to obtain the Conversation of that Sweet Gentlewoman, that he might have the favourable opportunity of declaring his Passion to her; which Access, understanding the strictness of the Family in which she now lived, and under what Confinement she lay, he had no hopes of accomplishing, but through her Means: and, that if she would vouchsafe to be the kind Instrument in gaining him his Request, he should not onely be bound to her the longest day of his Life, but likewise make her a Gratification suitable to so signal an Obligation. The Gravity of our Tutoress seem'd a little Surprized at this Motion; But, before she cou'd make any Reply, he continued his Supplication to her; By telling her, That for Heavens sake she would believe his Intentions to the young Lady were nothing but Honourable, that had his Designs been so wicked, as to aim at, or overreach any young Fortune in the House, as such he understood there were several there, he should be the greatest of Villains. But, that Love, and onely Love, was his Design, was manifest in his Addresses to this young Gentlewoman, who (as he was inform'd) was but a Tradesman's Daughter, of little or no Fortune, or at least very inconsiderable to a Person of his Circumstances and Birth; and therefore she had all the Reason in the World to believe him a Person of Honour and Integrity; and 'twas as such he desired her to serve him in the Request he had made her. She hearing him protest so heartily, and profess so honourably, cou'd not but be a little attentive to so Reasonable a Suit. But being her self a Woman of Principle, and naturally faithful to her Trust, she could not forbear making him this
Answer
: Sir (says she) you have the least Reason in the World to seek my Assistance in this matter; for if you are that Lover, and that Gentleman you profess your self, your Quality and Pretensions to this young Woman are sufficient to make your own way to her, without wanting my help. What need has a Gentleman of your Fortune and Honour to seek to a poor Servant as I am, to introduce you so meanly, as a private Suitor to this young Maid, when you have it in your own Power to make a more Publick Declaration of your Love; and undoubtedly, so Qualifi'd as you are, have all Encouragement to hope for Success? If you please therefore, I'll tell the Governess, and when she shall have examined all things requisite to the discharge of that honest Duty as the Tuition and Care she has undertaken shall require of her; she will be so far from opposing your Access, that certainly you may expect all the fair Reception your own heart can wish. This
Answer
being not the present point we must gain, our Squire (before prepared for a Reply) seem'd extreamly pleased with her for her Fidelity. That truly she was highly to be commended for so Consciencious a Scruple, as to the admitting of a Stranger, as he was, to any thing under her Guardianship. And that truly the Advice she had given him was but very Reasonable; And that if he should make open Love to this young Gentlewoman, he might possibly have hopes of succeed ing. And really it was the onely Course he would take, but for one onely Obstacle, which was, that though indeed, as a younger Brother, he had above 300
l.
per annum
already in good Land of Inheritance, a Competence sufficient to maintain a Family indifferently well; yet as he was next Brother, and indeed as the presumptive Heir to Sir
Charles
, an unmarryed Man of Thousands a year, and was at present transacting with him about a considerable Addition to his Estate, and other very eminent Friendships expected from him, he was under an invincible necessity of making an Amour of this kind, one of the greatest Secrets in the World, lest his Marrying so inconsiderably might lose him his Brother's Favour, and thereby defeat so advantageous an Expectation. Not but he Loved the young Creature enough to run a thousand times greater hazards for obtaining so sweet a Blessing: but, however, What Folly and Prodigality would it be, to expose so main a part of his Well-being to so dangerous a Venture, when there was so little occasion for it? For he, could he reach so great a Blessing, as to obtain her for his Bride, yet it would be worth his while to make both his Woing and Marriage, for some time, an absolute Secret, for so valuable a Consideration. And he, that resolved to enter into Matrimony, was, in all Duty, bound to take the best measures to make a Married Life comfortable, by making the best provision to support it with Credit and Reputation. And therefore 'twas, that he was forced to supplicate her private Assistance in the Affair, which she could not well blame, under so important a Circumstance; and therefore stealing a brace of Guineas into her Hand, he once more intreated her to gain him some Admittance to the young Ladys conversation, as silently as possibly her Goodness could contrive. I cannot tell, whe ther the Arguments of the Gold, or both together prevail'd, but to shorten the Discourse 'twas agreed that Evening an Hour after Sun set that he should come to the Garden Back gate, which was accordingly done.
And not to tire the Reader with the Narration of the Wooing, let it suffice that he obtain'd three or four private Meetings, and a little Courtship well managed prevail'd and conquer'd. By the Assistance of this Matronly Confident, the Business is concluded, and the Girl steals out one Morning and Marries him. He had not been long Married, but continuing the old plea of silence and secresy so necessary on his Brothers Account, he gets her to call in her small Portion, for her own use, making it his free Wedding Gift, all to be disposed in buying her Cloaths, and the like. And so makes all speed to
London
with her. At
London
he provides her a very Genteel Lodging, still leaving all her Portion in her own Custody. He had not kept her Company two days in Town, but he comes home in great haste and surprize, telling her that his Brother by some Accident or other had heard of his Marriage. But as 'twas impossible he should know what Woman he had Married, he had one favour to beg of her which she must not deny him, which was to pretend her self to be a young
Devonshire
Lady of such a Great Family, and such a Fortune: By this means he should win his Brothers Heart, and hasten that additional settlement, and the other favours he expected from him; and tho' indeed it was a little piece of Fraud, which truely he was never guilty of before in all his whole Life, yet considering the Advantage so innocent a Deceit might gain 'em, he conjured her by all their Loves to joyn with him in it, and carry on the Mask till he had gain'd his point. The poor Creature soon perswaded consents to his Request, promising her acting the best part she could in the Disguise, since it was his Pleasure and Command to have it so.
Having obtain'd her concurrence in it, he tells her these Lodgings were too mean for a Woman of her Birth, and therefore he would presently take her a fine House at
Greenwich
four Miles out of Town, and have it furnisht suitable to his and her Quality.
At
Greenwich
a House is instantly provided; and what by the pretensions of this great Match, he strikes in with a confiding Upholster for a Rich Bed, Tapestry Hangings, and very sumptuous Furniture in most ample manner. Nay, he carries it on so far as to gain Credit for several Hogsheads of Wine, which were likewise wafted down to
Greenwich
. The young Wife all this while seeing him make such splendid Provision for her, never in the least suspected him for less than high Quality, and indeed was utterly ignorant that all this Gallantry was taken up upon Trust, and mostly rais'd upon the noise of her vast
Devonshire
Portion that was very speedily to pay for all.
After this Countrey House was thus Richly set out, pretending Business one Morning early to
London
, he returns again between Ten and Eleven in great haste, saying, that truely he had occasion for about an Hundred Pound, and having laid out more Cash than his Returns from his Estate in the Countrey could at present supply him, he desired her to accommodate him with that Sum out of her Money, which in a Fortnight at farthest should be made her up again. The poor Girl very readily gave him the Keys of her Closet and her Cabinet, desiring him to take what he wanted. Immediately he goes to the Treasury, and not having leisure to stay to tell out the Sum, he took the whole Bag, which in Silver and Gold was about 140
l.
which he would tell over at
London
, and bring back the Remainder, whither he desired her Company along with him in the Boat that staid to carry him back.
Yes, with all her heart, if he would please to stay till she drest her self
, being then only in her Morning gown. No, by no means, he replied, no matter for dressing her self, she was well enough drest for that little Company she should see to day. And so without farther Ceremony she trips into the Boat with him, and so away to
London
.
When he came there, and had fix'd her at her Old Lodgings, he desired her to have a little patience till his return from
Lombard-street
, where he was going to pay this Money: but before he went, giving her a kind Kiss or two.
Lord, my Dear
(says he)
this plain Wedding-Ring upon thy Finger is too poor for My Wife! I am going to pay this Money to a Goldsmith, and prithee give me thy Ring along with me, and I'll put a Diamond into it
.
The Ring upon so good an Account was presently deliver'd him, and a very low Courtzy dropt him for the promis'd Diamond. Away goes Husband, Money, and Ring, and the Wife staying with her old Landlady, waits for the return of her kind Spouse; After a great deal of patience pretty well tired, and many a sigh to pass away time, Evening at last draws on, and no Husband appears. To
Greenwich
she dares not return, 'tis now too late at night, and too dangerous travelling so unseasonably. And so taking a soft Bed, but a hard Night's rest in Town, she gets up early the next morning for
Greenwich
, where instead of Husband or House, she finds the Furniture, Bedding, nay the very Wine in the Cellar all carried off, and so neither Husband, Money, nor Cloaths, but the loose Undress she had upon her back; she is left to a whole Deluge of Lamentation, and the King's High-way fair open for her to steer back to
Wells
, or what other Hospitable Coast she could find in the wide World before her.
This Marriage-Trade thriving so well with him, he left it not off till he arrived at the number of 18 Wives; in which several various Cheats and Disguises were practised according to Time, Place and Circumstance. At
Kedderminster
he past for Sir
Charles Bowyer's
Brother again, and there married an Innkeeper's Daughter, from whom he hooked out several Pounds, besides spunging upon her Father: where he continued a very considerable time; and wrought himself into that intire Credit with his Father-in-law, that when some of his Neighbours made bold to ask him, How he could repose so much Confidence in a meer Stranger; and after his Daughter had been so long married to him, to make no Inquiry into him all this while? Inquiry! (he replied very briskly) trouble not your heads about that Business. I am very well satisfied in him, and know well enough what he is. His Wit and Breeding, and a hundred other genteel Qualities, sufficiently assure me: Nay a Gentleman he must be most certainly, for I have observed him, he will never dine without a Bottle of Wine.
In
Holbourn
he courted a Rich Vintner's Widow (but there he was a little higher advanced into the Honourable Family of the
Bowyers
, for then he was Sir
Charles
himself) and so far tickled her out of her small Reason, by the high sound of a Ladiship, that the Wedding-cloaths were making. Nay he took her along with him to a Goldsmiths in
Cheapside
, to bespeak a very large quantity of Plate, amounting to about 200
l.
No sooner did he enter the Goldsmith's Shop, but he kindly shook him by the hand, and gave him so many familiar How-de-yees, as if he had been his long and intimate Acquaintance; where bespeaking so much Plate, and such a Coat of Arms to be engraved upon it, the day was set when it was to be call'd for. Before that day he was to receive 600
l.
from his Steward in the Countrey, which he had sent for up to pay for this Plate, and other necessary Nuptial Habilements. But the Day drawing on, a Letter comes up by the Post from his Steward, intimating, That amongst all his Tenants he could at present raise but 150 of the 600
l.
he desired, and truly that small Pittance he did not think fit to return up, till he could make it a larger Sum,
&c.
This Letter was received in his Mistresses presence, and the Knight so enraged at his Steward's neglect, that he fell into a very great passion to be so defeated of his Expectation, especially at so critical a Juncture. The kind Widow seeing him so concerned, desired him not to be troubled at it, for if his present Occasions required, she was very willing to furnish him with it; and in fine, lent him 200 Guinea's to fetch home the Plate. But neither was the Plate sent home, nor Knight or Guinea's ever seen afterwards. The Widow somewhat impatient, trips away to the Goldsmith to inquire if he had been there, and being answer'd in the negative, she ask'd him if he were not acquainted with Sir
Charles
? What Sir
Charles
? Sir
Charles Bowyer
that bespoke the Plate. Truly not he; for to his best knowledge, he never saw him before that day. How, replies the Widow, never saw him before, when he knew you so well, talk'd so familiarly with you, discours'd of so many Affairs relating to your self, that I durst have sworn he had known you this seven years, and dealt in at least a thousand pounds with you. Yes, replied the Goldsmith, all this familiarity he exprest, which as much surprized me as it does you: But it was none of my business to inquire of a Customer how he came so acquainted with my Concerns; or why he treated me so courteously at first sight; He laid me down Earnest in part for my Plate, and if 'tis your pleasure to pay me the remainder, the Plate is forth coming. But when, or where the Gentleman can be found forth coming, that you know better than I: for as I told you, he is a Person I never saw before, nor after.
To prosecute the full Relation of all his Wooings and Marriages, would be dwelling too long upon one kind of Subject, and therefore not so divertising to the Reader; for which Reason we have selected only these, and the others recited in the First Part of our History, as most entertaining of all his Amours.
After he had accomplish'd near a Score of Marriages, he neatly counterfeited a Bill for 700
l.
drawn upon an Eminent Citizen; and so well managed all Conduct and Matters relating to it, that he received the Money. But what with his Wives, and this last grand Cheat, he began to think little
England
would soon be too hot for him. And therefore buying three very gallant Horses, and Equipage and Accoutrements suitable, he got him cross the Herringpond, and went a Volunteer to the Duke of
Monmouth
, then before
Mastricht
: His business here was more Flourish and Bravado, than any great Feats of War, any Martial Wonders he intended to perform. In
Flanders
he made a pretty long Campaign, for he stirred not from thence till all his Money was spent; and at length, when his dwindling stock was so small, that his very Horses heads grew a little too big, for a new supply he converted 'em into ready Money; and when that last stake was almost run out, and he had just enough left to Land him safe upon
English
Ground again, he returned for
London
; and there setting in again at his old play of Wiving, he Wooes a Parsons Daughter of 500
l.
Portion, and by virtue of the great Name of Sir
Charles Bowyer
, and other winning Arts he used, he Married her, and gain'd so far upon her Father, that he got One Hundred pound in part of the Five, into his clutches. But not satisfied with that modicum, but resolving to gripe the whole remainder too, he takes a House for her at
Hampstead
, where he lived some time very kindly with her, still plying her Father with all the softest and tenderest management, to hook in the 400
l.
But here, as Fortune will not always smile, a turn of Fate falls somewhat hard upon him; his
Ludlow
, and some other of his old Wives, had unhappily got him in the Wind, and with a full Cry run him down, and Housed him in
Newgate
.
Here it was (as before mentioned in our first Part) that six of his Wives appeared against him, and at his Tryal he pleaded Guilty to those Six and Twelve more. For which being Convicted, and the Law not reaching to his Life, the Judges were pleased so far to commiserate the unhappy poor women he had undone, but especially the Parson's Daughter, that they gave her leave to lay an Action upon him of 5000
l.
by virtue of which, being still detained a Prisoner, he removed himself to the
Kings-Bench
; Here being kept within the Goal, he behaved himself so winningly, that he gain'd some favour with the then Marshal, and had now and then the liberty to peep abroad. Improving and advancing in the farther good graces of the Marshal, he obtained at last that extraordinary credit from him, that himself and Three or Four more Prisoners were one day permitted to take a little Ramble to a merry-making, some little way out of Town; which lucky slip of their Necks from the Collar, they took that wise care to make so good use of, that neither our Sir
Charles
, nor his fellow Travellers, the Master or Mates, ever returned again. This escape made such a clamour, that 100
l.
reward was set upon his head, if to be caught in
England
. But this pursuit soon cooled; for upon the change of Marshal, which soon followed, the Cause dropt, and he had full freedom to creep from his Covert, and turn
Practitioner
at his old Craft again; his deliverance being in a manner compleat, and his 5000
l.
and the rest of his load discharged.
After his Heels were at liberty, his Pocket run but low; and he was forced to truckle to little shifts to put him in stock again. His Pranks are scarce to be numbred, nor dare we pretend to trace 'em successively; and therefore we shall not tie our selves up to Time and Order.
For one of his common Feats, he got him a large Seal-Ring, and several other Gold Rings, all variety, as Plain, Mourning, and Enamel'd, value together about 4
l.
with these, by confederacy, he would sham an Arrest upon himself by a couple of Marshal's Men, and being hurried into some Alehouse, he would call for the Landlord, pretend himself a Tradesman, and House-keeper as far as
Wapping, Stepney
, or some such remote place; then opening his Grievance, that he was Arrested for 40 or 50
s.
and being too far from home to send for Money, he desired the Landlord to carry his Rings to the next Goldsmith, and see what he valued them at: The Landlord returns with the Rings, and tells him, the Goldsmith would give something above 3
l.
for them; upon this, he desires the Landlord to pleasure him with 50
s.
upon that pledge, and he would come himself or send (by such a Token) the Money the next day, and redeem them. The Landlord ready to aid a man in his distress, in so reasonable a request, Lends the Money, whilst instead of the Gold Rings, he puts the Legerdemain, and leaves him a set of Brass ones well Gilt, shaped, Enamel'd,
&c.
to a tittle, in every point resembling the true Rings; and worth about Half-aCrown.
One day about high noon he came to the
PoultreyCompter
Gate, wanting a Serjeant to execute an Attachment for him: so giving him his Instructions and Fee, he desires him and his Yeoman to follow him to such an Ale-house in
Leaden-Hall-Street
, where he would wait for 'em. To the Ale-house he goes, and takes a Lower Room which look'd into the Street, where calling for a Tankard of Ale, and soon after spying the Bum and Follower approaching, he whips out of his Codpiece a Pewter Tankard, slaps the Drink into it, and returns the Silver one into his Breeches. As soon as they enter'd, and ask'd him for the Gentleman, he told them he would cross the way, and see if he had dined yet, and come over, and call 'em immediately to do their Office. Out he trips, and there being a Thorough-fair over the way, neatly conveighs himself off; till at last, the Serjeant waiting beyond his patience, calls for the Landlord, and desires him to fill the Tankard again. Fill the Tankard (quoth the Host) what Tankard! This is none of mine. My Tankard's a Silver one. How, a Silver Tankard (replies our Mancatcher.) This was all the Tankard in the Room since he came there. That wont serve turn: Their Comerogue and Confederate that had left 'em, had a Tankard of him, price 6
l.
10
s.
and Tankard, or so much Money must be found before they parted. A great many hard words rose on both sides; but in fine, the Attacher himself was now under Attachment, and moved not off, till a Reckoning of 6
l.
an Angel, and some odd Pence, was discharged.
At
Woolwich
he pretended to be a Doctor of Physick, and profess'd an infallible Remedy he had for the Gout. A Gentleman, an Inhabitant there, long afflicted with that Distemper, retained him as his Physician: But his grand Receipt requiring a Fortnights Preparation, he squeezes some Mony out of him for Materials to the Operation, and puts several Earthen Pots, with the pretended Ingredients, for Fourteen Days under Ground, against which time the expected Effects were to be produced. But it so unhappily fell out, that before the Elixir came to perfection, he was arrested by the Name of
Bowyer
, and thrown into the
Marshalsea
. The Fourteen Days expired, and the Doctor in durance, the Patient made bold to dig for the Treasure, and examine the Pots; where, to his great Satisfaction, in each Pot he found about half a dozen straggling Maggots, which indeed was their whole Contents: But what Cures they wrought, our History mentions not.
Between five and six Years since, he tries one Touch more at Marrying, but truly not so high a Flier as formerly, he contents himself to lay Siege to
Nan
, the Cook-Maid at the
Castle
-Tavern at
Fetter-Lane
End; and to attack her in no less formidable a Figure than the old Sir
Charles
still. So Worshipful a Matrimonial Suitor (you may imagine) tickled her not a little, for the Title of a Ladyship could not but make a strange rumbling in a Kitchin-stuff-pot. The poor Girl was soon inclinable to listen to such potent Love. Our Sir
Charles
makes quick work on't; and though her kind Master and Mistress daily laugh'd at her for fancying him in earnest with her, Our Lover was so well furnish'd with Rhetorick to set her to Rights again, and so absolutely persuaded her that he meant nothing more than to marry her, that at last she contrived to feign her self sick, whilst her Knight, under pretence of a Condoling Visit, was to steal her down Stairs, and march off with her. This Plot taking effect, he kept her out ten or twelve Days; in which time he wheadled her out of all the Mony she could raise in the World, being about the Summ of Twelve Pounds: But when he had drained all he could get from her, at last he began to grow so cold to her, that he denied her one Morning a Pennyworth of Milk; which being no longer able to bear, she returned to her Master with a very sad Heart, much wailing the Barbarity she had received, and the Ruin she suffered. At the Return of poor
Nancy
, the Knight was flown; and though unsuspected before, now her Master and Mistress with good Reason believed him a Cheat; and being concerned for vindicating the Injuries of their Servant, they dogg'd him at last into
White-Friars
; and fetching him out thence by a Constable and Warrant, he was committed to Jayl, tried for an Impostor, and stood in the Pillory before their Door.
One very notorious Cheat, was much in use with him, within a 12 Month last past. For instance, he comes one Morning to an eminent Tavern in
Holborn
near
Hatton Garden
end, his Habit a plain Country-man, with a Oyl-skin Hat, a shabby Perriwig, a large buff Belt round his Waste, a pair of Boots without Tops, a Whip in his hand, and a hundred Pound bag under his Arm: Here he bargains for a Hogs head of Sack to be sent into the Country; whilst the Carman is loading his Wine, he pretends very urgent Business he had to do, before the Carrier goes out of Town; insomuch that he cannot well stay, and pay for his Wine; for which reason, he desires the Master to lay up his bag of Mony for him, till he can call in the Afternoon, and reckon with him; but first taking out (for a blind) a handful of Mony, between thirty or forty Shillings for present occasion, he seals up the Bag again, and leaves the rest in the Vintner's hands.
And now resolved to play the good husband, and do two Jobs with one trouble, whilst the Car is loading, he goes to a Linnen-Drapers in
Newgate-street
, where he buys a parcel of Linnen near 30
l.
and as the Carman comes by, he packs up the Linnen, and mounts it into the Car. Here pretending his old haste, with another hundred pound Load under his Arm, he plays the former Prank, and gives the Draper the Bag too. Now no Countryman coming to reckon (as promis'd) they both make bold the next day to unseal their Treasure, and see what Security they had in their custody; when to their great surprize, they found a parcel of new Half pence stowed round the Bag, with a lesser Bag in the belly on't, fill'd with fragments of old Iron. This Prank was hitherto pretty well carried, but Fortune of late Years a meer Jade to him, had a very unhappy After-game to play him: For the Vintner and Draper happening to meet together, to condole Losses and confer Notes, they chanced to remember, that one of the Carman's Steeds, was a remarkable pie-ball'd Horse. Hereupon making inquiry amongst the Fraternity of Carmen, by the Marks and Tokens of that Horse, they found out the very Man that drove off the Chattels; who what by Threats and other perswading Arguments, they prevail'd to lead 'em at last to a House in the Mint, where the Wine and the Drapery were both lodged. Here they made a shift to recover the whole Prize, excepting about five Pounds worth already embezell'd, being pretty well content to sit down by no greater loss.
In much the like manner, and much such a Habit, he came to a Cutlers in
Fleet-street
, and leaving such another Bag there, under pretence of showing some Swords to his Master at a Coffee-house hard by, he carried off three silver Swords.
For the same Feat of activity, he came to a Coffeehouse adjacent to
Pater Noster-Row
, where the Master of the House was a Tayler, whose Company and Advice he intreated, desiring him to go along with him to some of the Mercers in the
Row
, to look upon some rich Silks which he wanted, for a country Gentleman's (his Master) and a young Ladies Wedding cloaths; the Tayler in kindness, handed him once or twice to several Shops: But one Morning, leaving his Bag behind him at the Coffeehouse, he went alone to a Mercers, a corner Shop in the
Row
; where he cheapning some rich Stuffs, flowr'd with Silver and Gold, a Haberdasher of small Wares passing by, and happening to set Eye upon our Chapman, made bold to lay hands upon him, and carry him off to the
Cock
in
Amen corner
; his Charge against him was, for leaving him the Bag too for about thirty Pounds in small Wares. But noise and crowd coming about him, fearing that other Complaints might appear against him, and so load him heavier than possibly he might be able to stand under, our Haberdasher wisely resolving to take care of no body but himself, danced him from house to house, till his country Chapman could raise Effects to make him satisfaction; and so having with much ado, hooked in his own Bet, he turn'd him loose agen, for the other open mouths against him, to take as fair a hunt for him, as he had done. After this mortifying Adventure, whether out of a principle of Modesty, a Virtue not often in fashion with him, or some other forgetfulness, the Bag left in the Coffee-house was never call'd for from that day to this; and keeping of it about three months sealed, at last they ventured to break it open, in which they found about six Shillings in new Half-pence, and a lesser Bag fill'd with pieces of old Iron, a great deal of which, as memorials of his Renown, they have kept by 'em for Relicks.
About the Year 1672. he pretended to a great Estate in
Northamptonshire
, and carried it on so far, as to borrow four hundred Pounds upon the Mortgage of it, of a
Hampshire
Gentleman. At
Hannington
likewise in
Hampshire
he married a Ministers daughter, and enter'd into Bond and Judgment of a Thousand Pound to Jointure her in fifty Pound a year; by which he got Two hundred and fifty Pound, out of her Father, as part of her Portion.
In
Piccadilly
about three Years since, he went to a Horse-Coursers to buy a Horse, and after he had bargain'd for, and bought him, he desired to back him to try his Goings, and rode off with him, before the HorseCourser's face, and sold him in the Country for four Pounds.
To conclude with his Frauds and Impostures, (besides the grandest and boldest of 'em all, That he left the World in,) he was charged with one Cheat after his very Death. Amongst the numerous Visitants that came to see him that Week that he lay above Ground, it happen'd that a Man and his Wife, living at
White-Chapel
, pressing in amongst the Crowd of Gazers, immediately remembred his Face; and seeing the Clothes there which he wore before he died, he presently owned himself the Taylor that made 'em; and that they were not only unpay'd for still, but likewise he was cozen'd out of 'em by one of the lewdest Shams that ever was put upon Man. Upon which, he repeated the whole Story at length,
viz.
That about
Bartholomewtide
last the now Deceased came over Night, and took a pretty handsome Lodging at
White-Chapel
, pretending himself newly come up by the Stage-Coach, out of the Country, his Name
Bowyer
; and desiring his Landlord to help him to a Taylor, 'twas his ill Luck to be the Man that was sent for. When he came to him, he found him in a thread-bare black Coat, and very much in want of Repair. He had not talk'd with him long, before he was desired to take measure of him; and whilst that was doing, up came a Foot-man in a gentile Livery, and paying him much Respect and Reverence, told him that Sir
John
, his Master, desired his Company at Dinner.
At Dinner
! (answers our threadbare Spark,)
No, 'Faith; he must excuse me: I am not in a pickle (Pox of my Dog-Rogue) to stir out of Doors. No, Sirrah; these Rags upon my Arse are no Dress for Dining at
White-Hall.
And so, pray, go tell your Master, that I am forced to keep my Chamber at present, for I have been robb'd since I saw him last Night
. The Foot boy presently ask'd him,
By whom? By a young Son of a Whore, a Footman of mine, the Devil go with him
. And so desiring the Boy to carry the whole Relation to his Master, he tells him very formally, "That sending his Boy last Night to the Carrier's for his Trunk, in which were two Suits of Clothes, all his Linen and Point, and fifty Pieces of Gold, the Rogue was run away with it: And though this old Suit upon his Back serv'd him well enough to come to Town in, Sir
John
must pardon him if he durst not stir out till he was a little better rigg'd. The Footman making a long Scrape, and departing with his Message, our Country-Squire gave a hundred hard Names to this Run-away Man of his, threatning a great deal of Vengeance if ever he caught him; for Hanging was too good for him. Whilst this Alarm held, there came ano ther Visitant to our Esquire, and told him,
He hoped he had drawn it up to his Liking
. So the Man producing a Paper, the Esquire took it, and read it; which was a long Advertisement to be put into the
Gazette
, describing the Marks of his Man, and five Pounds Reward to him that should apprehend him. So having read it out, and approved of the wording of it, he put his Hand in his Pocket, and gave the Fellow ten Shillings to pay for Entring of it, giving him a strict Charge to be sure of getting it into the next
Gazette
. After this, he began to treat about his Clothes, which he desired might be neither rich, nor gaudy; for he was past those Vanities. The Taylor accordingly, by next Day at Noon, brings him his Clothes, his Bill between five and six Pounds, which, truly, he must be forced to stay for till next Week; for the Villain and Thief his Man, had put him out of mony; but he had sent down last night by the Post for new Supplies, and by the middle of next Week, should be furnisht, and pay him very thankfully. The poor Taylor, not in the least doubting his money, was very well satisfied, for he was sufficiently convinced, that he was a Gentleman of Fashion, and hoped to find a good Customer of him. But no sooner were the Accoutrements upon his Back, and he had now liberty (no disgrace to his Gentility) to walk by Day-light; his first Progress is down to Sir
John's
at
Whitehall
, who was belike, so fond of his Company, that he would never let him find the way home again; for from that Hour, neither his
White-chapel
Landlord nor Taylor, cou'd ever set Eye of him.
And now to give him a little farther Visit at the Baker's (the Hospitable Roof under which he finish'd his last Master-piece) and lend the Reader some few farther Observations than those our
First Part
has furnish'd; more and above his own Personal performance in that grand Masquerade of the pretended Captain
Wickham
, Several Accidents both before and after his Death contributed much to corroborate and support the Impostor. To instance one remarkable one; his kind Landlord sending for the worthy Dr.
F
to take care of him in his Sickness, he ask'd the Doctor if he did not know him, or had never seen him before; which the Doctor (as with good reason) not well recollecting, our Patient was pleas'd to remember him, that he had the honour to Dine with him such a day, in such a year, when the Doctor was Mayor of
Gloucester
. Now it happening that that very day the true Captain
Wickham
had really Dined with him at
Gloucester
: the Doctor who was not much acquainted with the true Captain, and thereby not ready to Distinguish Faces, yet very well remembring such a worthy Gentleman one of his Honourable Guests that day in his Majoralty, was very ready (upon so convincing a Circumstance) to swallow the juggle, and to acknowledge him the Person he presented, which very much influenced the Credulity of the Family.
The
Monday
, the next day after his death, a Noble P---r attended by several Persons of Honour, came to see the Body, and was so satisfied in his being his Country Neighbour, the true Captain
Wickham
, that he question'd the Family why the Coroner did not sit upon him; upon which being answered, that such a Physician took care of him, and that besides, the honesty of the House in which he dyed, gave no occasion for any such reflecting enquiry into his death; his Lordship was pleased to reply, that if he was not
Murthered
, he must certainly die
Mad
, it being impossible that in his right sences he should give such extravagant Legacies to meer Strangers; nor would his Lordship be satisfied, 'till he consulted both his Bodily and Ghostly Physician, his Minister, and the Doctor, about his outward and inward Man,
&c.
Another very confirming Credential happen'd.
viz.
A grave Citizen of
London
, a near Neighbour to our Capital Cathedral, who likewise inspected the Corps, was pleased to say, he had Fifty Guineas in his Fob, and wou'd make them an Hundred, with any Man, that it was Captain
Wickam
. Nay, Mr.
T
the Proctor was so confident of his Integrity, that he deposited five Guineas with the Baker's Wife, to a Wager of five more, to buy him a Pair of Gold Fringe Gloves, that he was the true Captain
Wickham
; and not only so, but made two Wagers more with her, of two Guineas each, upon the same Fund. Which Wagers she was so unwilling to lay with him, as being her self so confident of his Truth, that she gave 'em for lost: Nor had been drawn into 'em, but by this Argument of the Nurses, who told her, that if he was the true
Wickham
, nine Guineas Loss would be nothing out of their great Legacies; and if he was otherwise, the winning of so many Guineas would make some Help towards the Charges they had been out upon him.
Besides all this, a great many
Oxfordshire
Gentlemen that frequented
Knt's
Coffee-house in
Essex
Buildings, were so concern'd at his Executors happiness; that rather than the Baker should run away with so much of his Estate, declared they were resolved to make a Parliament business of it. So many affirmatives, so strengthen'd the believing Baker, that he offer'd to give his Maid fifty Pounds for her Hundred; To which, she pertly answer'd, No, she was not in so much haste, to compound at that Rate, she was as well able to tarry for her Mony, as he was for his. And talking of the poor Maid, one thing must not be forgotten; the day before he died, he told her, he had left her a hundred Pounds to buy her a Husband, but have a care she did not Marry a Rogue that should beat her, for if she did, he had that kindness for her, he was sure, it would disturb him in his Grave, and make him Walk when he was dead.
But to return to his Death, when the Searchers came to do their necessary Office; upon inspection, they found some little extraordinary Mortification upon some nameless Part about him, that put 'em upon the Smile. Their Respect to the Worshipful deceased, made 'em somewhat modest in the Discovery; which occasion'd the Nurse to inquire into the cause of their Fleering, and ask 'em plainly,
If the Captain were under the Covenant of Circumcision
? Yes, truly, they replied, some such kind of Corporal Defect they had found about him. This put the Church-warden into some Surprize, who, inclinable to fancy better things of his pious Benefactor defunct, would by no means, believe either Searchers or Nurse, 'till he play'd the Searcher too, and made a Peep for his satisfaction. But, alas, he no sooner cast his Eye that way, but he found our Batchelor Captain, was in no danger of leading Apes. He discover'd him an old Soldier under
Cupid's
Banner; for by a sad Token, he had been a loser in the Wars: But
Eighteen
Wives might do much, and so the Wonder is not so extraordinary.
And now, Reader, having thus handed our great Master Actor to his last Exit off the Stage, we shall only add a Fragment more to our History, by giving you his first Entrance upon it too. His Original was very obscure, and his first start into the World, was, in no higher a Post than a Journey-man Shoemaker, in which Character he liv'd some considerable time at
Worcester
, understanding so little of what he profest at
Banbury
, viz.
Chirurgery
, that he knew the Virtue of no other Plaister than his own Cobler's Wax. From that Imployment, he took a Frolick to Sea; from whence returned, he came to
Swackly
, with the true Privilege of a Traveller, his Authority unquestionable, he talk'd Miracles both of his Voyages and Adventures. For Example, That he had made a Voyage to
Constantinople
and
Barbadoes
, (for East and West were all one in his Geography;) and so amused the Country-People with his Rhodomontades, that they look'd upon him as a Prodigy of a Man. His great Art he profess'd was
Chirurgery
, (the little he had of it being indeed gotten on Ship-board;) and what with promis'd Wonders, and great Words, the common Crutch of little Abilities, together with some Favours and Countenance received from Captain
Wickham
, (a common Charity from so worthy a Gentleman,) which very much heightned his Reception, he set up for a Chirurgeon: In which Station we began with him in our
First Part
, and there we leave him
And here we assure our Reader, that all these several Relations we have here made, are from as good and credible Authority as the best Information could give us. Nay, we have had a very great part of 'em from the Persons own Mouths that were the suffering Parties in our Narrative. And that we have wholly endeavoured to follow Truth, the Reader may be pretty sensible, by our staying near a Fortnight for the Publication of it; the Enquiries into matter of Fact being six times more work and trouble, than the Composing of our History either was, or could be.
ADVERTISEMENT
.
BY a Letter dated
the 21st Instant, from a credible Hand, we have receiv'd a short Relation of the Man
Tom
, the famous
Sancho Pancho
to our deceased
Don Quixot
, so often mentioned in our
First Part
, and formerly so great a Sharer in his Master's Adventures.
This Squire to our late Knight Errant, through his long Service now grown Master of his Art, and consequently Setting up for himself, was then taken at
Putnam
, near
Godalming
, in
Surrey
, for Running away with an Heiress of 150
l.
per Annum
. This wealthy Heiress he had married in very good Season, our Bridegroom truly being not over-rich, (the common Fate of great Wits,) for he had hardly Mony enough to pay for his Marriage. However, accepted
for Richer, or Poorer
, he had Bedded her seven or eight Nights, and was so long pursued and hunted from place to place, before her Relations could catch him, being taken at last in Bed with her. The farther Particulars we are not yet inform'd.
FINIS.
Labour in Vain: OR, What Signifies
Little
or
Nothing
.
VIZ.
I.
The Poor Man's Petitioning at Court.
II.
Expectation of Benefit from a Covetous Man in his Life-time.
III.
The Marriage of an Old Man to a Young Woman.
IV.
Endeavours to Regulate Mens Manners by Preaching or Writing.
V.
Being a
Jacobite
.
VI.
Confining an Insolvent Debtor.
VII.
Promise of Secrecy in a Conspiracy.
VIII.
An Enquiry after a Place.
LONDON
Printed, and Sold by most Booksellers in
London
and
Westminster
, 1700.
A
DIALOGUE
Between the AUTHOR AND THE PRINTER.
WHat Title do you design to give this Book?
Labour in Vain: Or, What Signifies Little or Nothing.
Then I'm like to make a very hopeful Bargain this Morning; and grow Rich like a
Jacobite
, that would part with his
Property
, for a
Speculative Bubble
.
Be not angry; for the same Estimate and Epithet the greatest Divines give to the whole World.
I don't like their Characters, or Epithets; for I believe there's a real value in our Coine; and I know little of their Spiritual Notions, neither will I puzzle my Head about what they tell me I can't rightly Understand.
I could convince you, that you are in the wrong, in being so Indifferent about Enquiring into the Cause, Nature, and Value of Things.
I am, in this point, a Quaker; and will not by Reason be Convinc'd. Pray, Sir, tell me, am I to buy a Shop-full of Empty Pastboard-Boxes, or not?
Sir they are full.
Why then do you put over the Door, That the Goods
Signify Little, or Nothing
? 'Tis a strange sort of Information, to expect to get Customers by.
I had several Reasons that induc'd me to put this Title to my Book; and not to keep you longer upon the Fret, I will tell you some of them.
First
, The natural inquisitive Humour that reigns in all Mankind after Novelty; for no sooner will the Title be Read, or Cry'd, but the Reader, or Hearer, will query what it's about, conclude it some Maggot or other, and to be satisfi'd, will Buy it; so you'll gain by his Curiosity. Then I've known many dull Books that have sold well, by the help of an Ingenious, or Whimsical Title.
Puffe me, Puffe mo, Puffe cannot stay, Colle molle Puff
; the Odness and Maggot of that Cry, has sold the Fellow many a Tart; for many Persons who only out of Curiosity have peep'd into his Basket, have found something or other that pleas'd them. Besides the Title is a
pro po
, because the Subjects I write about, tho' they make a great bustle in the World, yet their Conclusions, or Produce, are very Frivolous, Insignificant, and answer not the End design'd.
To what purpose did you spend your time in Writing on such Subjects? And why should I be at the labour of Printing, or charge of Paper?
Print it by all means; it may imploy some to add to it, the History of the Printer.
What, that my Pains was Labour in Vain, and Charge signify'd Little or Nothing? I am mightily oblig'd to you for the method you have taken to Expose me to Laughter: But let it prove as it will, if I buy the Devil, I'll try to Sell him. But if your Whim don't take, I'll never buy Goods again before I've look'd over the whole parcel.
Labour in Vain:
OR What Signifies Little or Nothing:
The Poor Man's Petitioning at Court.
HOW Fruitless and Empty the Requests of the
Poor
have return'd at Court, whether they have been for
Justice
or
Mercy
, is apparent from a Thousand Instances: And one I'll relate to you, without Peevish design of Reflecting upon any particular Court, for the
Pauper's
Petition is alike neglected (by what I've Seen, Hear'd, or Read) in every Court. A Gentleman (fitly Qualifi'd) who by permission had Purchased an Imploy for Life, under a King, and to his Successors, was, upon a Successor's coming to the Crown (tho' he had taken Oaths of Allegiance, and done what was requisite, according to Law, for Qualification) to feed the Avarice, or gratify the wicked Bounty of a certain Person, to whose care the Managery was intrusted, was turn'd out, with only the Madmans humourous Reason,
Sic Jubeo, sic Volo
. By which unjust (at least unkind) usage, he had very little left to maintain himself, Wife, and four Children.
At once his
Quondam
Friends sounded Retreat,
Wou'd scarce afford good Words, and much less Meat:
To see his Face, they'd never after Care,
As if his very Looks Infectious were:
Like Careful Bees, to their own Hives they flew:
As he from Fortune, they from him withdrew.
I cannot forbear in this place putting the Epithet
Wicked
, to that Generous Virtue,
Bounty
; since here 'twas a powerful Robbery committed upon one Mans Right, to seem Bounteous in a Bequest to another. The depriv'd Man hurt, complain'd with all the respect a Supplicant should use, but his Prayer was answer'd with a Negative. Afterwards he serv'd that King without Pay in His Army abroad; and upon the death of the Possessor of his Imploy, he again pray'd to be Restor'd; upon which prayer he had an Order for the next Vacancy; which when happen'd, a certain Gentleman, who but a short time before had presented the Depriv'd Man to the King, in the Army, and had given it under his Hand, That he had been turn'd out without cause, and that he serv'd as a Volunteer; gave it again under his Hand, That the poor Petitioners alledging to have serv'd in the Army, was a mistake; and his last Act (the former, in good manners, I'll believe being forgot) was credited; so Order and Petition were both dismiss'd, to the Ruine of the Man, and his Family.
OBSERVATION.
By this true Relation is evident, the little success that is to be expected from the
poor unhappy
Man's Petitioning against a Man in
Power
; for when he pleases, he
Blackens
and
Misrepresents
an Underling; and what a Favourite says, is easily believ'd.
Then tell me how the Poor shall find relief,
Or gain a Cure for Undeserved Grief,
Their Fate depending on a King's Belief.
In such a Case, a Prince is the easiest Man in the World to be Impos'd on, considering the vast multitude of Affairs that Center in His ordering and Manage, the particular Cognizance of all which, 'tis impossible for Him to take; for upon a kind of Necessity He is oblig'd to have His knowledg of several Affairs from the report that those about Him are pleas'd to make; and what Man will tell a Story to his own disadvantage? And who can tell it but the Favorite, whilst the
poor
Petitioner is debarr'd Access?
Before a Fav'rite, none shall be believ'd
And 'gainst the Rich, 'tis hard to be Reliev'd:
In vain you offer up an empty Prayer,
Which Fattens not the Courtier, or his Heir;
Something that's Solid, and of real Good,
(At least for such by Worldlings understood)
Must be presented, if you'd favour find,
Which rarely warms th' Endowments of the Mind;
But to the Fortunate, and Rich are kind.
Since Money weighs down Justice and Desert,
The
Poor's
Desires don't signifie a Fart.
Expectations of Benefit from a Covetous Man in his Life-time.
QUis Pauper? Avarus
: An admirable and proper Answer to the Question; because the Covetous Man wanteth that which he hath, as well as that which he hath not, as proves true by the following relation. A Friend of mine (if a Covetous Man can be so) of Gentile Extraction, and sutable Education, having a competent Estate of four hundred Pounds
per Annum
, and a thousand Pounds in Money left him, which Revenue as far exceeded his desire of Living, as it came short of his desire of Acquiring; for he no sooner had the Possession, but he retrench'd the usual Expences of the Family; he sav'd Charge, by putting away the Mouths that caus'd it; and the only Servant that he kept, liv'd almost like a Bear in
Greenland
, on the Nourishment he had got in the Summer of the Fathers Life time. In short, no
Anchorite
liv'd more sparing than he, unless it were upon anothers cost, and then 'twas a covetous humour made him Eat and Drink like a Glutton and a Drunkard. In all his Actions he was Base; He would Steal his own Goods, to make his Servant pay for them: By such sorbid ways his Wealth was accumulated; he sold the Mansion-house, because the Purchase-Money would yield a greater profit than the Rent amounted to; and retir'd from a great House (not from Plenty and Abundance) to a less, that he could not Rent out: By such Niggardly Methods, in process of time, he had heap'd up a very great Treasure.
There was a Young hopeful Gentleman, his Nephew, who expe cted to reap the fruits of his Covetousness, that often came to visit him; and was always Complaisant, sooth'd, and commended every Humour, which I take to be the right way of Pleasing; for certain (at least during the time of prevailing Fancy, or Action) every Man is pleas'd with his own Sentiments, or Doings; so consequently loves to have them approv'd, and applauded.
He gratifi'd the Misers Appetite at his own Expence, his Pantrey and his Cellar were always ready to gratify his least motion of desire, his Coach and Horses attended his occasions; he baulk'd his own Humour, neglected his pleasant and facetious Companions, and confin'd himself to Oblige his Sordid Temper. Tho' it must be confess'd Self-interest mov'd him, yet it pleas'd the Wretch, when he advised him to secure his Treasure, that no
Rachel
, or other, might Steal his God. He Christned his Son of the
Jew's
Name, he did, what not? to Oblige him. He defended him from Robbers at the peril of his own Life: Nay more, He justify'd his base Principles, contrary to his Conscience: But all the Returns that were paid to these Services, were Mountain-Promises, whilst in his Cups; but Molehills, or no Performances, when Sober.
Afterwards this Obliging Gentleman fell by misfortune into Straits and Necessities, so that his Family wanted convenient Subsistance; yet the other pitiless, and unconcern'd, return'd no good Nature, no Charity, no grateful Act, for all his generous Obligations; not so much as even common Humanity would out of Mercy oblige a very
Jew
to show to a Stranger in Misery. After the Miser had Bought what he had left, for half the value, he forbid him his House, and whenever he met him, he pass'd by him as a Stranger. At last, Intestate, the miserable Rascal Dies; for the very Thought of disposing of his Riches, would have been as Mortal as a Cannon Shot: So
Volens Nolens
, what he left, fell to this Gentleman. But I had almost forgot to tell you, That his Jealous Temper (which must accompany the Covetous, let their Avarice be fix'd on what it will) made him Bury a great part of his Money and Writings, so that a great deal was lost for want of the knowledge of the Concealments.
OBSERVATION.
A Covetous Desire is properly applicable to self, for even when I seem to desire the Advantage of another, there is something of self in the matter; and it must be allow'd that he I wish well, is my Friend; tho' anothers being my Enemy, only makes him so; so by my desire, I gratifie my own Inclination in my Friends Advantage, or please my Anger, in my Enemies Disadvantage; a Covetous Mans Thoughts center in his own profit, and what good goes besides him, he counts by Providence wrong apply'd; then 'tis Idle to expect, that he that Covets all, should frustrate his vast design, by giving me a part; as Covetousness is a Selfish humour, 'tis impossible it should be diffusive.
The Misers Wish, is of a vast Extent,
And would Engross, beneath the Firmament,
All that it likes; still Covetous, would try
To Merchandize with Spirits of the Sky.
His Wishes only to Advantage tend,
From Self's their Origin, in Self they End;
So cannot be Defusive to a Friend.
In Vain a Favour you expect from such,
You may as well expect one from the
D.
The Marriage of an Old Man to a Young Woman.
THe mutual Disapointments that commonly thwart, and hinder the Happiness expected by the Marriage of an Old Man to a Young Woman, the following Story sets forth: An Ancient Gentleman, whose head Age had Powder'd like a Beau's, who in his Sprightly Youth could at Sight answer the Expectations of the most Lascivious Female, as Doctors Commons and Parish-Books could Witness, he had liv'd a Libertine Life, and had never thoughts of Marriage, till he was Three Score and Ten, when he happen'd into the Company of a Beautiful Young Woman, whose Charms, and Behaviour blew away the Ashes that covered the Fire that remain'd in the Brands end, so that it made a Faint Blaze, which (of late unaccustom'd) warmth made the (willing to be Deceiv'd) Senior fancy that there was yet a great Stock of Vigour in his Veins, that would answer the ends of Marriage; thus when Lechery had left his Tail, and agitated only by Desire, fancy'd mighty Peformances in his Lustful Brain, he Courts this Lady for his Bride, who had not the Charms to renue an old
Æson's
Age, sensible that his expiring Flame could not long last, he was Impatient of delay; so by continual Courtship he try'd to watch his Mistress, like a
Hawk
, into Compliance; but 'twas perswasive Money that made her Consent to endure a
Lenten Pennance
, in Expectation of an happy
Easter
after his Death. In short, for filthy Lucre Married him, and submitted herself to his Feeble Threescore and Ten Years Attempts, after his fluttering all the Wedding Day, they were put to Bed, (I think that word suitable to his Age) and after Sack-Posset Eat, and Stocken thrown, the Company withdrew, and left them to themselves. When he fail'd in Performance, she was frustrated in her Expectation, so that their Marriage signified Little or Nothing.
OBSERVATION.
The Answer I make, to those that will say, Every Body knew this Story before, is, That tho' I pretend to Write Novel's, I don't Novelties, but to dress up something that for one Meal may be Pleasing, and of grateful Gust; and perhaps some Observation may be made from this Story worthy Self-Application: But tho' the Reader do not, I will, to continue the Method I first Design'd.
To Attempt any thing, which nothing but (almost) a Miracle can make Successful, is Folly and Madness; and little less, can move a Man of Threescore Years and Ten to do to any purpose. An Old Man Marrying a Young Woman, is like laying down a good Joynt of Meat, to an almost Consumed Fire, which will blaze a while, but by the sudden decay, for want of Fuel, will make it but luke Warm: He is counted a Blockhead that pretends to set up a Trade, when he is past Labour, without he takes an able Journeyman; and I believe in this Case, no Man will willingly admit of a Journeyman to manage his Commodity, and without one (by effects may be judg'd) the Marriage will signifie little towards Procreation. Disappointments must happen to the Man from Natural Consequence, notwithstanding the mighty belief of his Abilities. I have known from Powerful Fancy, when a Child has been tyred with Walking, yet Imagining he Rode when he had a Switch between his Legs, would Imitate the Trot and Gallop, for a small while, without complaining; but presently the weakness and Imbecility of his Feet, made him sensible his Natural Strength (tho' agitated by Desire) could not carry him to his desired home: So the Old, whose Vigorous heat is Spent, may imagine if he get a Cock Horse, how furiously he'll Ride; but like the tyred Child, his Natural decay will appear.
The Man being deceived, by Consequence the Woman must; and what sad Effects do such Disappointments cause, are Evident from the future carriage of both Man and Woman: He grows Jealous, unwilling another should Feed, tho' he himself can't make use of the Dainties; then the Poor abused Woman is watch'd, perhaps confin'd, and her whole Life made uneasie.
Like a poor Man (cajoll'd by mighty Promises) transported to the
West-Indies
; when he comes there, finding himself a Slave, to the Beck and Rod of an Imperious Patron, being fast bound by Contract, has no hopes of Liberty, but from the Expiration of time; such is the Condition of a Young Woman, who flatter'd with the belief of Fond Doting Dalliance, and Plenty, is betray'd into the Slavery of Marriage, with an Old Fellow, she has no hopes of Deliverance from, but by the Expiration of her Disagreeable Husbands Life; her Youthful heat meeting with the Icy coldness of his Age, causes thunder in the House: Continual Jars forbid all hopes of Peace.
When Waves Swol'n high by force of mighty Wind,
They fiercely meet, and are in Battle joyn'd;
The frothy Salt, with motion's set on Fire;
But Wash'd with Native Water, soon expire:
So toss'd by Billows of remaining Lust,
Which Shuffles up and down the Aged Dust,
Salt Sparks are blown into a sudden Flame,
But Ages Moisture soon does quench the same.
The old Mans boasting Promises in Love,
Do little signifie, as Women prove;
'Tis Vapour all, and Limber as my Glove.
In Vain the Aged Man hopes to Receive
Blessings, which only Spritely Youth can give;
In Vain a Woman does expect a Trade,
From one whom Stingy Age has Bankrupt made;
Such Disappointments happen to them both,
Which makes the Marriage prove of little worth.
The Reverse of this Story, which is an Old Woman Marrying to a Young Fellow, is to the full as ridiculous, and signifies as little to a mutual Content.
Endeavours to Regulate Mens Manners by Preaching or Writing.
THE present Age is not so very Vertuous, but that we may meet with examples in almost every Company and Conversation, that demonstrates the little Efficacy the well design'd Writings and Publick Teaching of Good Men have had, towards Reformation of Manners, and the Practice of Vertue. But not being willing to expose particularly the Insensibility that appears either in my own Life, by not Amending, and Correcting my reprov'd Actions, or in the general Practice of any Fellow-Countrymen; I have pitch'd upon the History of
Socrates
, so far as it agrees with my Design; that is, to show how little the good Documents he Taught, signified to the Reform or Benefit of the
Athenians
, and the
Odium
they caused from those he endeavour'd to Amend.
Socrates
, who was Born in a small
Village
called
Halopex
, under the
Athenian
Jurisdiction; is commonly called the
Athenian
, to distinguish him from several others, of that Name, one of which Wrote the History of
Argos
, another was a
Bathynian
, &c. This
Socrates
the
Athenian
, was taught Philosophy under
Anaxagoras
, he was a Man of great Temperance, of a strong Constitution, one who enquir'd into the Nature of Sublime things, Studied Humanity, Practised and to poor and Rich Publickly Preached Vertue and Good Manners; to be silent, and not to reprove Wicked Men, he counted a Crime against the Gods; to Discourse of Vertue, he esteem'd as a great Happiness; and imploying himself almost constantly in instructing of the Citizens, he neglected mightily his private Affairs, so that he was Poor, and told the
Athenians
, that he ought to be Maintained out of the
Prytaneum
, or
Publick Store-House
: That he ought to be Rewarded more then a Victor, for the Conqueror could but make them appear to be Happy, when by his Instructions in Vertue (if Practised) they would really be so, not only from present Serenity of Mind, but in
Futuro
; for he believed an Immortality of the Soul, and the very day he Died, he imploy'd in Discoursing of, and by Convincive Arguments to his Friends prov'd the Souls Indivisibility, and Consequently Immortality; he Taught as he Believ'd, that nothing of Evil could happen to a Good Man, his Concerns being taken Care of by the Gods; but notwithstanding his Eloquent, perswasive Speeches upon so Noble a Subject, as Vertue, which for its own Sake, ought to attract Mens Inclinations, and Affections; the
Athenians
were so far from Reforming from their Accustom'd Immoralities, that
Miletus, Anytus
, and others, accused him, as Guilty of a Capital Crime, for Instructing the People in the ways of Vertue, and for Reproving them, when they Acted contrary to Morality and good Manners: They were so Exasperated aganst him for his Good Endeavours to introduce Honesty and Piety, Inconsistent with their Practice, that without a Confronting Witness, they Condemn'd him to Death; which Sentence was put in Execution by a Draught of Poyson. By which Barbarous usage, 'tis Apparent that all his Teaching signified little towards the Reformation of the Lives of his Fellow Citizens.
OBSERVATION.
Tho Licentiousness is more agreeable, and facile to the deprav'd Nature of Mankind; yet almost every Age hath produc'd a Preaching Experienc'd
Solomon
, a
Socrates
, a
Plato
, or some such Good Men, who have Endeavour'd by Writing and Teaching, back'd with the Inducing Reasons of a present Serenity of Mind, that must upon Necessity Accompany Vertuous Actions, or the Glorious Prospect of an Unconceivable Reward hereafter; to perswade Men by Arguments, Conducing to self Interest, (which in all other Cases is prevailent) to Practice Piety, Honesty and Civility, yet what poor Crops have the Stony Soil produc'd, every Age against it self is Witness. The
Libertinism
of an
Heathen
, I don't so much wonder at, because he has no Thoughts of Futurity to Check his Mad Career; but that Men who are dayly Taught, and Instructed in Piety, and Morality, and who upon a Self-query, will own that they really Believe to do Good, is for their Advantage, should Act directly contrary to their Belief, is an Extravagant Madness, not to be parallell'd: Is there no Remedy for so Great, and Contagious an Evil to be found? Yes, an
Heathen
teaches me one,
Trahimur Exemplis Plus Quam Præceptis
; for if those in Power and Greatness Practised Vertue, the Underlings would Imitate; if 'twere Customary, every one would be in the Fashion: But whilst Vice and Immorality are Countenanc'd by the Great, Orders for keeping the
Sabbath
, and against Prophanness, are of little Efficacy; for when the great Fish break the Net, the little ones will go out at the Rent. Tho' arguing for Vertue, and good Manners, is highly to be Commended, yet the little Reformation we find, shows that hitherto it has signified Little or Nothing.
He that would bar me of a coming Joy,
And by strict Rules, my Liberty Destroy,
In Trammels makes me Pace away my Life,
'Twixt Nature and his Rules is constant strife;
So Irksom, and Uneasie I must be,
By Reason of their great Antipathy;
This is the Language of th' Unthinking Man,
Who led by Custom, loves to be Prophane;
And will not change his Road, what e're you Teach,
Scarce tho' a
Jonah
once again should Preach:
But still that Monkey, Man, would Imitate,
And Virtue Practice, Copy'd from the Great.
Examples, wanting Precepts, are but Vain;
And moving Arguments in florid strain,
Won't make the Blockish Crow'd from Ill Refrain.
Being a
Jacobite
.
ONE, who out of Good Manners, I must stile a Gentleman, because he justly Claims that Title from his Ancestors; and it must be allow'd him now, even in his Adversity, since his Accounted Crimes of Omission, in not actually complying to the Laws in force, proceed from the Dictates of his Conscience, and not from an Obstinate Spirit of Contradiction; for tho' this Gentlemans Opinion will not permit him to comply in the Active part, yet out of Submission to the Laws of his Countrey, without refractoriness, he's Obedient in the Passive. This Gentleman (as many others) is at this time term'd a
Jacobite
, as being the title Customarily used, in Opposition to
Williamite
; concluding, that he that is not for me, is against me.
Upon the Revolution in the Year 1688, (which by Unfathom'd Providence was brought about, so contrary to Rational Appearance, that after Ages will hesitate at the Belief of the Heroick Attempts of the present King, and the Unaccountable Manage of the last) this Man was turn'd out of several Considerable Imploys, (or rather he turn'd himself out, for it cannot be expected, that any will be Master (unless by Power to those that will not serve them) strip'd of his Incomes, he for a while handsomly subsisted; but feeding constantly upon last Years Crop, without Sowing for another Harvest, his Granary was Empted without hopes of Replenishing, without a Miracle, Reduc'd; he herded with those of his own Opinion, that by the Benevolence of Fortune were able to relieve him, and did Generously for a time; but continual Dependance made him sensible of the Bitterness of the Curse: The Undervaluing Slights, the tyring Attendance, often Refusals, beggarly Loans, Reprimands, Advice too late given, all which, with appearing Patience, by force he was oblig'd (if he would Eat) to undergo, made him almost distracted in his Thoughts. The impending Misery of want by its near approach, appearing Dreadful and Afrightning, put him upon the Studious Thoughts, how to subsist for the future. He considered the many reasons drawn from self Interest, and other Powerful Motives, for Conforming to the present Government; the general Consent, and Practice of many, whose Learning and Integrity he could not call in question (unless he should Contradict his own Experience) made him bring his Manage into Examination, and his Rational Arguments made him often Waver, and query the Prudence of his Opinion; so far, that he had some thoughts of Conforming to what the Representatives of the Nation had agreed; but having so long stood out, he could have no hopes of being received with that favour, so as to be trusted in any considerable Imploy; either Civil, Military, or Ecclesiastical; he was too Poor, and of too little Interest, to expect an Honourable Title; too Illiterate to be made a
Dean
, too well known to be trusted with the Managing of a Secret in National Affairs; so he struck to his old Principals tho' he reap'd no Advantage by them, for
Poverty
like
Ivie
twines to the
Jacobite
, and spoils his Growth; his Opinion Contradicting in general, to the Sentiments of the greatest part of the Nation, was so far from being any ways Advantagious to him, that it expos'd him to want; and debar'd him from the hopes of repairing his Ruined Fortunes.
OBSERVATION.
THIS Story is equally applicable to
Jacobite, Williamite, Wigg, Tory
, or what other Name of Distinction is given to any Man, who Rows not with the common Stream that the River of his Country runs; he tugs against the Tide, and makes very little Progress. To oppose the General Sentiments of a Country, is drawing up-hill by choice, and gives just cause for People to call a Man's Judgment in Question, since there is a nearer, and down-hill beaten Path at Hand; 'tis something like going in the
Strand
, towards the Horse-Guard, on a
Sunday
in the Evening, when one has the trouble of meeting the Current of the City Gentry, going from the
Park
; he that complies not to the Practice of a Nation, appears like one in a Sad-coloured Coat, bearing Arms amongst the
Guard
at
White-hall
, he is star'd at; and if observ'd by a Superior, will be Punished.
Relating to a Man's Compliance, or Non-Compliance, ought to be considered; whether what required be consonant to Juice, and Self-Preservation, argued Pro and Con, in refference to Spiritual, and Temporal Affairs, the last not contradicting the formers positive Commands. And sure I am, or must appear to be, by rational Men, much Wiser, or more Blockish, than the rest of the Nation, in a General Council consenting, if I oppose, or refuse Conformity to its Agreement. Parallel Examples ought to be search'd for, and the method of Proceedings, that have been commonly taken by others, approv'd by future Allowance to have been Just, and fitting to be done, ought to Guide, and mightily Sway me to concord to such approv'd Precedents; for if a Man disagrees out of a particular Opinion, or Interest, he, as far as in him lyes, calls the discretion of a great many in Question, and battles a number with his opiniated Reason, from such Proceeding, one can expect no Benefit, or Reputation. No Advantage, because none will trust another (in any thing of Weight) that is of a contrary Perswasion; because 'tis reaso nable to believe, that every Man is inclinable to act what sutes best to his Fancy, and most conducing to bring to effect his desired Aim: So, instead of serving that Interest by which intrusted, to gratify his real Sentiments, he'll betray the secrets to him committed.
What is in Vogue carries a present Reputation, (than being a
Jacobite
) must consequently cause an undervaluing, and so
Signify Little, or Nothing
.
Allow Sentiments offer'd, right, or wrong,
If Judge and Jury too, joyn with
the
Throng;
In Contradiction to the present Thought,
My sole Opinion signifieth nought.
'Tis over-rul'd, and I am surely cast,
Which proves the fate of Separists at last;
For to oppose
the
Torrent of a Stream,
Resist a greater Power, is like my Dream,
Which fancies mighty Riches, mighty Power,
But Poor and Weak, I meet the waking Hour;
With a
Probatim est
Some sadly tell,
What once they were, to what they now are fell.
Confining an Insolent Debtor.
A Grave Citizen, an Alderman's Fellow, by Losses and Crosses, and GOD knows what, was reduc'd to the necessity of leaving his House, and moving himself and Effects into the Sanctuary for Bankrupts,
White-Fryars
; where, for a while he confin'd himself to his Chamber, and when he went out, the Company seasoned to the Place, who were no proud Men, but would quickly be acquainted without Ceremony, made him a sham'd, and blush like a young Sinner, the Curtains undrawn; with care he soon cast up his Books; and substracting his Debtors from his Creditors; he found a greater Ballance due than he was able to pay; but willing (as 'tis natural for all Creatures) to be at Liberty, he summoned his Creditors, and offered them ten Shillings for every Pound, reserving for himself but a small Pittance to subsist on, or lay a new Foundation for fresh Credit: But some (
Jews
in Practice) refus'd a Compliance to any Abatement, and resolved to make Dice of his Bones: Their Cruelty griev'd and afflicted him so much, that his Sorrow and Concern was apparent in his Face; and being ask'd the Reason, he told that his Creditors Non-compliance was the cause of it; upon which, a Doctor in the Civil Laws of the Place, took him to Task; told him his Security there; brought Examples and Precedents how
Tom
such an one, and Sir
John
such an one, had us'd their Creditors, and brought them to Compliance: Unmerciful Rogues! What? Refuse to take Ten Shillings in the Pound? If I might advise you, they should not have above half a Crown; I intend to give mine but Eighteen Pence; sure you are not such a Fool to part with all, and suffer your self and Family to want: Such Company, such Examples, such Documents have wash'd away the honest first Intents of many a Man, but it could not flote his; for he still design'd, to his Power, to satisfy every Body; but unwilling to be Caged in a closer Prison, he there Liv'd; and spending upon the main Stock constantly, it wasted so fast, that at his next Proposal to his Creditors, he could offer but Five Shillings, which was also rejected: And some time after not being watchful of his Ways, the Catchpoles siez'd him at the Suit of an old protesting Friend of his, a Neighbour, for whom he
would
sent, hoping Mercy from their former intimate Acquaintance; but the Officers telling him 'twould be to no purpose, since that Warrant which they nam'd to him, was but one amongst Twenty they had against him; so after squeezing him out of Twenty Shillings for Dinner, Ale, and Brandy, they lodged him in the Compter; where his FellowPrisoners flock'd about him, some pulling this way, some that, like
Water-men
at turn of Ebb at
Billinsgate
, all calling for Gar nish, which clamorous demand never ceased till he had paid it. The want of Liberty made him value it more than ever, and desiring next to Life his Liberty; he with Prayers intreated his Creditors to accept of all that he had, but they refused it, and would not believe that he gave a true or just account, though he offer'd to make Oath of it; so, be lying there, the poor Man for Necessaries consumed, what merciful men would have been contented with, when the
Parliament
, out of Consideration of the Misery that many (not able to pay their Debts) in Prison endured, ordered a Discharge upon such and such Conditions, under the which he was comprehended, and consequently discharged, without paying one Farthing; whereas, if the Creditors had formerly comply'd, they might have had half their Debts, and the Man his Liberty; so their confining him prov'd their Detriment. And the like happen to others, when the Insolvent Die in Custody; for where 'tis not to be had, the King must loose his Right.
OBSERVATION.
SUCH have been the Fate of many Insolvent Debtors; and such have prov'd the Return to many uncharitable and cruel Creditors; and I believe all merciful Men will think the last deserv'd it: Expectation to recover Debts by confining an insolvent Man, whereby he is debar'd of opportunity to acquire wherewithal to pay his Debts, is an
Ægyptian
Proposal, To make Brick without Straw,
quod ultra posse
, now
est esse
.
'Tis a very good Law in the Signiory of
Biscay
, that no Native
Biscayner
shall be Imprisoned for Debt above Forty Eight Hours; but the Creditor in that time shall have Judgment against whatsoever Effects shall be found to be his, or what afterwards he either by Labour, Art, or otherwise shall acquire, yet upon giving Security, not to depart the Signiory, he shall be discharged out of Custody, to get his Livelihood.
I have heard that in
Holland
no Creditor shall keep in Prison an insolvent Debtor, unless he will maintain him there, with subsistance to preserve his Life: But here in
England
in this point, we out-do the
Dutch
in Cruelty, confining People to Starve, contrary to Humanity, Mercy, or Policy. One may as reasonably expect his
Dog
should catch an
Hare
, when chain'd to a Post, as a poor Debtor should in a Goal get wherewithall to pay his Debts.
Ask but the cruel Man, what he would have
From his poor
Debtor,
to his will a Slave
Confin'd in Prison, presently he'll say
My Money, yet acts quite contrary way
To gain his end; for, how can one expect,
Where no Cause moves, there should be an Effect.
What silly
Farmer
will confine his Cow
From needful Herbage, for no hear der Low
For Food; or in reason can he believe,
By such Confinement, he shall Milk receive:
As silly is the Hope, when you confine
A Man Insolvent, for to raise the Coyn.
Promise of Secrecy in a Conspiracy.
THO' I could produce variety of Instances out of Ancient History suitable to this Subject, yet I have chose one which has come to the knowledge, and is still fresh in the Memory of almost every
English
Man, to show the little Trust and Confidence that is to be given to the solemn Promises of Secrecy in a Conspiracy, or wicked Design.
In the Year
169
several angry discontented Men club'd to the hatching a Plot or Conspiracy for subverting the present Government; and for the more certainty of effecting it, designed, contrary to Honour, and common Humanity, to take off the present Head, that the Limbs might be in Confusion, wanting an immediate Director for their Motion, so in the hurly burly to have Proclaimed one, who unhappily has too much Proclaimed himself.
There is no need of mentioning their Design at large, or the Progress they had made, every Man knowing the drift of their Conspiracy, and the Conspirators; so I'll only take Notice, that after their Plot was laid, the Assassinators agreed on, and Secrecy sworn to, at the
Sun-Tavern
, and other Places, some of them (false, first to their Country, then to their Adherents) discovered the Conspiracy. I wish 'twere done out of a repentant Principle, and believing a Promise to do Evil ought not to be kept; but their covetous siliciting for Rewards induce me to believe, that the Principle of Self-interest was the chief Motive of their Discovery; but let it proceed from what cause soever, 'tis apparent, that the Obligations under which they were engaged, were not of Force to keep the Secret undiscovered; The like Discoveries have been made at
Venice
, at
Rome
, at
Genoua
, and in almost all the the Kingdoms on the Earth; tho' the greatest Cautions and Securities that Self-preservation, or aspiring Ambition could invent, to tye up the confessing Tongue, have been made use of; he that will be a Villain in attempting a great Evil, is not to be trusted; for 'tis probable he will be so in a lesser, especially if he expects ro reap advantage by it.
OBSERVATION.
SELDOM any Resolution is so fix'd, but that apparent benefit, as Self-preservation, or Riches, will alter it, espe cially when the Resolve is evil, for no Man, though never so much prompted by Ambition, Avarice, Lust or Revenge, but has a Monitor within, which Dictates to him, that his Resolve and Attempt is Evil in it self; and from what one's Reason informs to be bad, a Man is easily drawn from Effecting: So we find many Men who dare undaunted, look Death in the Face in a just Cause, will Recant and appear Cowards, when Ill is to be attempted, from whence has proceeded many Discoveries of Plots and Conspiracies, to the Secrecie of which, Men have Oblig'd themselves by all the Tyes that are counted Sacred and Binding; such are to be counted Repentants, because they discover the Design out of an Odium to the Evil. But some, without Considering Good or Evil, in Relation to Futurity, discover the secret Conspiracies with them intrusted, not
for
Conscience, but for Lucre sake, others when their first Heat is over, grow Pusilanimous, and confess to save their Lives; sometimes infinite Wisdom confounds their Councils and Devices, lead them into Errors and Mistakes, and by ways unimaginable, bring to Light the hidden things of Darkness.
Whilst a protecting Providence do sway,
Whilst Men Inspir'd dictates do obey,
Whilst Life has Value, and Reward has Love,
Protested Secrecie in Ill does prove
Of small Validity; the first will act
What's Consonant to Justice of a Fact:
The Second by Impulsive Power Command,
What wo'n't Man do to keep his wasting Sand?
And bountiful Reward makes Men betray
Their dearest Kin, and Friendship wipes away.
Subject to Power, and tempted by a Bait,
Too pleasing to deny, of little weight
Proves promis'd Privacy; then why should I
Meddle
in Plots,
in Hopes of Secrecie?
The Progress of an Enquirer after Places.
THOUGH Disappointments are in some Degree or other, most commonly the Companions that attend and thwart the Hopes and Expectations of all Mankind; yet have I not observ'd more Disappointments generally to accompany any Attempt, than I have the Endeavours, and Designs, to get into Reputable Places and Employments, as by the Sequel will appear.
An
English
Gentleman, who by Hospitality amongst his County Neighbours, had Spent the greatest part of his Estate; having very little, besides the
Mansion Seat
of his Family left, seeing himself Slighted by those very Men who had largely tasted of his Bounty, seriously began to Consider, how he should still Support himself in some Credible Reputation; and after he had run over several designing Thoughts, and Built
Castles
in the
Air
, he at last fix'd upon the common Hopes of getting a Place, or Employ at
London
. To effect which, he presently Sold the remaining part of his Estate; and to
London
he came, to put in Practice the
Scheme
he had Drawn, for raising once again his Fortune. His first Application was, to besure, to one of the worthy Burgesses that Serv'd for a Neighbouring Corporation, who by the Charms of Bribery, and by Virtue of his strong Drink, had carried the Election
Nemine Contradicente
; him he acquainted with his Design, and desir'd his kind Assistance, who presently Promised Fair for Country sake, thô he was an
Irishman
; upon his Promise, every Morning he danc'd Attendance, at the Levèe of my
Dear Joy
; and when he walk'd, he kept Cringing on his Larboard Quarter, not presuming to go
Cheek by Jowl
with one of the Representatives of the Nation; who had the same Business during the whole Sessions of Parliament, that he had during the Term-time, two Motions a Day, to
Westminster
and back again; but finding his Waiting, and the other's Promises, would Signify the same thing, and the Senator being gone to
Tunbridge
, where the Proverb was on his side, he bethought himself what farther Methods were to be ta ken; and luckily finding upon a Coffee-house Table, a Paper Intituled,
A Collection for Improvement of Husbandry and Trade, by
John Houghton,
F. R. S.
Wherein he found, that he knew of several that wanted Men so or so Qualified and Recommended, and several that were so and so Qualified and Recommended, that wanted the Imployments which others wanted to have Officiated. At first view he thought this Paper as a Pillow of Light to guide him in the Dark: But upon examining the Inquiries after Places and Imploys, and those that wanted Agents, found they answer'd one another's Occasions, and that there was not one Agent enquired after, but there was the same Place sought for; so he dispair'd of Success from that, seeing every one's Occasion might be supplied.
Though his Sleep, or rather Slumbers, was unquiet and short, occasioned be the concern that hagg'd his Thoughts about his future earthly well Being, yet his lying Awake was more tormenting to him, as much as Impending want had then a more lively Impression, than his drowsy Fancy could Represent; so trying, as if it were to avoid himself, he arose, slighting Beauish Formality, soon dress'd himself, and went to
Man's Coffeehouse;
where, though 'twas early in the Morning, he found Talkative
Will
, a tall elderly Man, with his own Hair, diverting the Company, sometimes in
English
, sometimes in
French
; in both Languages he told Stories as improbable to be true as all D.
O's
Narrative. He took upon him the States-man, and told the Company he knew of Funds that would have rais'd Money enough to defray the Charge of the War, without being any pressure to the Subject: He blam'd all that he was pleas'd to think Mismanagement in the Concerns of the Nation; and then gravely told them, how all might have been prevented, which every Block-head can do, after the Act is past; and, for the future how he would have things managed; but Mercy upon us if Affairs were to be ordered by his Managery, (looking upon his own Conduct) it may reasonably be believed, they would have been Ten times worse directed. After he had Rail'd at several particular Persons, whose names he did not tell. (but describ'd them plainer than I do him) He grumbled at the Bounty bestow'd upon Favorites; but I suppose his Cozen
Harry's
Humour then possess'd him, who always Rails when he is Poor; but whilst a Bounty is in his Pocket, (which never wears it out) he is as much for Praising, as when Penniless in Railing and Reflecting. If Variety be pleasing, sure Mr.
William's
Discourse was diverting; for he run over Stories (as much as the time would allow) of Men and Women, of all Qualities, all sorts of Countries, Governments, Languages, Horses, Dogs, Cocks, Wine, Snuff,
&c.
as positively as if he had been an Eye or Ear-witness, had Travell'd them all over, been a Privy-Councellor in every one of them; a Professor of Languages, own'd, or layed Wagers, Drank, Tasted, or Snuff'd of every sort: But at last took opportunity (though no occasion offered) to tell how nigh he was Related to, and how he was belov'd and respected by a
Dutch English
Nobleman; which at last startled my Inquirer from the Confusion the medley of his Discourse had put him into, and brought into his Thought, that this Gentleman's Interest might do him a Kindness.
His approaching Necessity having made him confident beyond his natural Temper, he presently enquired the Gentleman's Name and Lodging, and that Day waited upon him, and in short desired his Favour towards helping him to an Imploy fit for a Gentleman, and at the same time promised to be grateful; Mr.
William
, who never wants complimental Civility, told him, that he would assist him in what lay in his Power, and mentioned to him several Places that he might endeavour to get; but knowing none then Vacant, he desired he would meet him on the Morrow, when he would bring a Man (meaning his Cozen
Harry
) whom the Cobweb Laws cannot confine, though in close Confinement) who knew of Forty to be dispos'd of. The next Day, according to appointment, they all met, and
Harry
cajoll'd my Inquirer, and fitted his Humour to a T---; indeed he must be of a very stingy Temper whom he cann't please, for he is really a very sensible Gentleman. My Inquirer's Desires were made known to him; and
Harry
(who never parts with a Man, but he leaves him a plausible prospect of effecting his Designs) laid down such Assurances upon Promises made in his Favour, that my Gentleman began to believe at such a Day he might enter into Pay or Sallery; but before he parted,
Harry
had nicely examined, though at a distance, how his Stock was, either to Bribe or Purchase, and in a Day or Two was to give my Enquirer a positive Answer; but I had almost forgot to tell you, that just at parting
Harry
bore up to him, and told him, that though he would serve a Gentleman gratis with his Labour, yet there would be Expences; to defray which, he expected he should bring him Ten Guineas the next Morning. My Enquirer, buoy'd up with hopes, came the next Morning with ready Rhino in his Pocket, had immediately Admittance into a Room spread with old Carpets, that the Man at the Three Roses had refus'd to Stitch Cards on. Presently honest
Harry
, who like the Hungry
Jew
, watch'd the falling Manna, came in, and accosted him with, Sir, I've done your Business, for I was with my Lord last Night, and to serve you, spent my own Interest, so effectually, that I had his Promise on your Behalf: Upon these words the Manna dropt into his Hand, which
Harry
never kept till the following Day, for fear it should turn Sower: My Enquirer's moving Hand having reach'd Ten, at which number
Harry's
Allarm stood, it immediately rung a Peal in Division about Places, for half an Hour together, That he that wrote the present State of
England
in the Year, 1694, was a Block-head compared to him; for he has not mentioned a quarter of the Places and Imploys, that
Harry
nam'd to my Enquirer, and gave him the choice of any of them: He that put an Advertisement for the Sale of Horses, cann't in a Months time name so many Horses to be sold, as he pretended to know Imploys: My Enquirer, amongst the many Texts this Parson Quoted, pitch'd upon Two or Three which serv'd to his liking; and when Mr.
Harry
had done talking, he told him, such or such would suit his Education, and agreed with his Humour. Oh, says
Harry
, those are not as yet Vacant, but they will be perhaps before the Parliament rises; for they are resolved to suffer very few Members of the House to be in Imploys, wherein any Branch of the Revenue is to be managed; and since 'tis certain some will part with their Places rather than to be turn'd out of the House, your study must be, how to get into one of those they Abdicate; to effect which, you must try to engratiate your self with a S------ of S--, with Three of the L--- of the T----- at least: And the thoughtful Gentleman, who, by much Labour of his Brain, hammers out things in a great Perfection, to be known and well recommended to the P--- C-----; for some Imploys must be granted in C---: Now, the fittest Man upon Earth to be your Solicitor there, is
W. F.
who, though he is Foundered in his Feet, has a natural Assurance to tell a Story plausibly to any Nobleman, though 'tis seldom minded; he is Old-Dog with the Ladies and Boys, and their constant Solicitor: Besides, he may be, from his own Interest, very serviceable to you; for I know, the other Day he help'd a Footman to a Place, and took but Half a Crown for his Labour.
'Twill also be requisite for you to learn Decimals and Gauging, and make Application to the C--- of E--; Or to the L-- of the A--. Or to the C--- of the C--- But you must not neglect making Application to several particular Persons, who always seem in a hurry, as if they had the whole concerns of the Nation to manage: Amongst which, there is honest
Tony
, who seldom gives the C--- of P----, and E-----, much trouble to draw up a Report;
A. R. is not duely Elected
. I must beg Pardon, when I say, 'tis hard that so understanding a Gentleman; one that knows how to take all Advantages, should not be in the House, no Man being fitter to caution against Deceits, than the ---- He has been serviceable to the Nation by the project of packing of Hay; by the manage of which, Horses Eat less than usual, and their Bellies were taken up, without Belly-cloaths, the smell did their Business; yet
Tony
had but 31. a Load, for what cost him 25s.
His Principles may be guess'd by his Practice; and he has declared his Sentiments, how People that would thrive, should manage themselves; and designs (if he may be believed) to instill the same Principles into his Children; for he told an honest Gentleman, that if he had a Son, he would advise him to flatter and dissemble with all Mankind; never to speak Truth but when it was for his Advantage: With this worthy Gent. 'twill be necessary to be acquainted, if you have Money to purchase an Imploy under the M--- of the H---; for every one of them that were in his reach, he has either sold, or been a Broker in the matter: You need make to Interest to him by Intercession of Friends; for he has no respect to Persons, Principles, or Qualities; but like a late deceased Knight, whose Wit (by mistake so called) lay in bold Examinations of Scripture passages; buffonly rediculing what was beyond his shallow Capacity to understand) has regard only to the Money, let it come from
Williamite, Jacobite
, or
Devil
: Besides him, there's another you should be acquainted with, that is a blinking Fellow, a meer pretender to the Law, who could scarce Read (allowing Breviations) at the Exchequer Bar: He, by his Pretensions, one would think had the disposal of 40 considerable Places; indeed he has most of the Gentry at his beck, though 'tis a shame to see how poor spirited some of them are, to cringe and creep to him, whom most honest Men avoid; though there's a broad mixture in this Man of Knave and Fool, yet he so manages by Tricks and Lyes a certain Person in whose Power 'tis to make you one extraordinary; that a Trial ought to be made of his Interest: And sure, by some of these, with my Assistance, (which you shall never want, a Man of your Birth, Education, and Ingenuity) cann't miss of some Imploy or other. Now Sir, I've told you what's to be done, use your endeavour; and when you have fix'd upon your particular, come again to me, and I (as Mr.
Houghton
says) can help. My Enquirer, with his Head full of this Council, takes leave, resolving to meditate on it, and put it in Practice; but going down Stairs, he saw a written Paper which
Harry's
Servant had drop'd; and being curious, took it up and put it in his Pocket to Read at Leisure; the first opportunity he had he opened the Paper, and found as follows:
Answers, Excuses, and Observations, to be got by heart, and used, as occasion offers, by my Servant
Robin.
If a Man knocks hard early in a Morning, with a Cane in his Hand, believe him a Creditor, and the first time answer him, that I am not well, and you dare not Disturb me; to Countenance which, besure two or three days in a Month, tye a Rag upon the Knocker of the Door. The Second time, I was sent for about earnest Business, to any busie Nobleman you first think of. Afterwards say for me, as you would have others say for you to whom you Owe Money; but besure you be not catch'd in a Lie, for People are too apt to believe that Courtiers Servants Lie; tho' they speak Truth, if their Desires be'nt Comply'd with. If it be one that wears a Sword, 'tis Ten to One but 'tis either some body I am in Combination withall to Cheat another, or that he himself is to be Cheated, him presently admit, for from such, Corn comes to the Mill. If it be one whose Company I have shun'd, send him to some
Tavern
or
Coffee-house
out of the Verge of the Court, where to besure I never go but on a Sunday.
Some part of the Paper had been torn off, but one may be certain, he had learn'd the whole Lesson by the variety of Shams and Excuses he had constantly ready. Bless me, how was my Inquirer Surpriz'd at the Reading it! and began to conceive that he was fallen into the Hands of a Tongue-Padding Cheating Courtier; but finding his Counsel in some measure ought to be followed, he was resolved to make Applications as he was directed. In a short time by Friends or Money, he was little or much Recommended to almost all Fortune's Darlings, that had the Disposal of any Employs; one or other of them he was almost continually waiting on with the Recommendation of my Lord such an one, Sir such an one; or honest Mr. such an one; and every one to whom he was Recommended, like true Courtiers, spoke him fair: One promised the next thing that fell; another promised to take Care of him; a Third, out of Kindness, would have him Qualify himself, that upon any Opportunity he might jump in: A Fourth took Money in part; and a Fifth invited him to Dinner, which Gentleman it must be said of him, did him more Kindness than all the rest; for after he had waited half a Year, he found their promises to be only Air; for when the first had power by a Vacancy, to besure he said, He was pre-ingaged. The Second's care was to avoid him. The Third Gentleman would not give him Opportunity to Jump, continually Selling Reversions. The Fourth did his Business but in part, for he could never get all his Money again. Thus Shuffled off from one to another, by fair Words and Promises, he spent a great deal of time, and all his Money to no purpose; meeting with so many Disappointments, and really wanting Necessaries, and reflecting on the Usage he had met withal, and dreading the Poverty he saw approaching, he had fallen into Dispair, but that he had still the Happiness to carry in his Mind, the Thoughts of Futurity, from which he resolv'd as much as possible to be Content; and to strengthen him in his Acquiessing, and Resignation to a Supreme Will, he often went to Church; but one day going into St.
Martin's
, thô early, the Surly Clark refus'd him admittance into a Pew, which so mightily concern'd him, that he went to his Lodging, and whilst the Thought continued, he Wrote the following Verses.
To what Extremities am I driven,
When Parish-Clarks bar my Converse with Heav'n,
As much as in the surly Rascals lye;
Who by the Face, the Pocket do descry,
And
Sine Pence,
admittance they deny!
These under Graduate
Peters
of the Church,
Would Sell to
Simon
the Heavenly Gift,
If to their Avarice and Humour left;
Perhaps the Men did my Misfortunes know,
Affraid to Trust me, who so much did Owe:
Deny'd admittance, lest that I should pray
Blessings, for which they thought I'd never Pay.
Having long Rack'd his Brains, and Spent his Money and Time in Vain, his peery Landlord by a Writ, secur'd him a safe place in the
Marshalsea
durante Vita
, unless a Compassionate Parliament release him by an Act of Grace.
Fed up with Hope by such, his Money's spent,
But has no greater Prospect, than if Lent
To needy Noblemen, of it's return,
Who seldom Pay a Debt, but to the Urn.
Place-Brokers
to Enquirers still speak Fair,
Blow up a Bubble Globe, which turns to Air:
Like
Lottery
Projectors draw a Scheme,
How Thousands may be got,
If, if they
Draw
the
Lot;
But Hit, or Miss, there's Profit still to them.
FINIS.
THE FRUIT-GARDEN KALENDAR: OR, A SUMMARY Of the ART of Managing the
FRUIT-GARDEN
.
Teaching in order of
Time
what is to be done therein every
Month
in the
Year
. Containing several new and plain Directions, more particularly relating to the
Vine
.
---- Redit
Horticolæ
labor actus in Orbem;
Atque acer curas venientem extendit in Annum,
Persequitur Vitem attondens, fingitque putando.
Virg. Geor. lib.2.
To which is added, An APPENDIX of the Usefulness of the
Barometer
; with some short Directions how to make a right Judgment of the Weather.
By
John Laurence
; M.A. Rector of
Yelvertost
, in
Northamptonshire
.
LONDON
: Printed for
Bernard Lintot
, at the
Cross Keys
, between the
Temple Gates
, in
Fleet Street
. 1718.
TO THE Most High, Puissant, and most Noble PRINCE
HENRY
, Duke, Marquis, and Earl of
Kent
, Earl of
Harrold
, Viscount
Goodrich
, Baron
Luras
of
Crudwel
, &c. Lord Steward of His Majesty's Houshold, Lord Lieutenant and
Custos Rotulorum
of the County of
Bedford
, one of the Lords of His Majesty's most Honourable Privy-Council, and Knight of the most Noble Order of the Garter.
My Lord,
T
Rue
Honour and Greatness never appear brighter or more illustrious, than when they condescend to patronize and encourage all useful Arts and Sciences. And to whom can any of us more naturally run for Shelter and Protection, than to a Person of your
Grace's
comprehensive Knowledge and Experience both of
Men
and
Things
?
I own I am no Friend to the
Abuse
of AUTHORITY; but when its best
Use
and
End
are made to answer Man's Happiness and the Good of Society by Encouragements and Example, then
Authority
appears in its greatest Glory; and such exalted Patterns as your
Grace
will draw Multitudes after you, to pursue Things that are innocent and useful.
The Subject of the following Papers in a peculiar Manner leads me to your
Grace
, the great Lover and Encourager of vegetable Nature. For tho' too many can content themselves to live upon the
Wast
, and as
Destroyers
; yet how much a Nobler Principle is it to
plant
and
cherish
, than to
cut down
and
destroy
? And how commendable is that unwearied Diligence in your
Grace
to leave every where
growing Monuments
of your Wisdom and Care, of your true Regard to the Welfare of late Posterity, as well as of the present Age? How far such a generous Principle may be supposed in other Cases likewise to influence the Publick, I need not say, to those that know your
Grace's
Station and Conduct.
But what most of all becomes me to take notice of, is your
Grace's
Character
, of being an Encourager, as well as an Example of Sobriety, Virtue, and true Religion; Ornaments that make
Superiors
truly great, and highly becoming those especially, who study vegetable Nature, where nothing is found, but Wisdom, Beauty and Innocence.
That GOD would continue your
Grace
a Blessing to your Family and the Publick; That he would Crown you with all Blessings Spiritual and Temporal, and
late
reward you with everlasting Happiness in the next World, is the hearty Prayer of
May it please your Grace, Your Grace's most obedient
AND
Most Humble Servant
John Laurence
.
THE PREFACE
.
To make my Two former Treatises of Gardening compleat, and if possible more intelligible, I have been prevailed upon to add this following
Kalendar
. The rather; because (as far as I can observe) most of our modern Authors in this Way, have done little else but transcribe from
Evelyn, Quinteney
, and
Woolridge
; and therefore have been generally so unfortunate, as to insert their Errors and Mistakes, as well as their useful Rules.
This leads me to say upon this Occasion, for my own Sake, and for the Sake of the Publick, that the Book called the
Lady's Recreation
could not be published by my Approbation, because it was never seen by me, till it was in Print: Besides, I have Reason to think it was an Artifice of the Booksellers to impose upon the World, under the borrowed Name of
Evelyn
.
I hope it will not need an Apology, that, as a Divine, I now and then lay hold of an useful Moral, and am willing to direct the Ingenious Naturalist sometimes to look upward. But yet I have taken care to avoid mere Embelishment, or at least such Things as are no Ways to my Purpose: For which Reason I could not satisfy my self to trifle, so as to tell the World, that
January
hath
31
Days,
February 28
, and the Moon
29
.
Persons that have not had long Experience, may easily fall into Mistakes; and that is their Misfortune: But to lead others into Mistakes, under the Gravity of
Instructors
, is a great
Fault
; and you know not when to trust such, though they should happen to speak right.
Indeed it seems to me no small Reproach to the
English
Nation, that we suffer so many
French
Books of Gardening to be obtruded upon us, containing Rules calculated for another Climate, and which tend to lead us into many Errors.
As to my self, I am far from thinking, either that I have not been, or may not be mistaken: But I can truly say, I would not willingly or hastily lead the Ingenious Gardener into any Error. And I believe it hath sufficiently appeared to the World, that I have all along en deavoured to make the Art of Gardening Familiar, Profitable, and Entertaining.
I have sometimes indeed been so unhappy, as to lie under the Imputation of Blame, for troubling the World with Rules about Gardening, and the Government of the Vegetable Kingdom, having my self only a small Garden, bad Walls, and a worse Soil. But I flatter my self the more ingenious Part of Mankind will attribute these, not to my
Fault
but to my
Misfortune
. And if under such disadvantageous Circumstances, something of Pleasure and Profit too may be had, this methinks should rather give encouragement to All, than be the Occasion of Offense to Any; this should keep even the most Unhappy from despairing of some Reward of their Labour and Diligence.
If I should still be so unhappy as to be blamed for recommending Vine yards, and giving Rules for the Management of them, having none of my own, and being under an Impossibility of having any; to such I only say, That my Observations are by no means confined to my own Garden, Soil, and Situation. I experience the Worst; and I can see the Best Abroad. Nay, I bless God, I can see with Pleasure and without Envy, what others do or may enjoy, and what I my self want.
To trouble then the Reader here no further, I will only add; that if All or Any of those Directions, which I have laid before the World in the plainest and most familiar Manner, shall in any Degree tend to bring in that Interest of Pleasure and Profit to others, which I have so long in some Degree experienced my self, it will greatly add to my private Satisfaction, and to the Pleasure I enjoy in my own Retirement.
THE FRUIT-GARDEN
KALENDAR
.
The
Introduction
.
IT is on all Hands granted, and with great Reason agreed on, that good Laws are necessary and essential to the Being of good Goverment: But I think it may also with as great Reason be added, that with out
OEconomy
and
Order
in the Execution of those Laws, the greatest Beauty of Government is lost. For if the Law is not executed, it is only a dead Letter,
Useless
, and
Insignificant
: Or if it
be
executed, yet if it be done without regard to
Time
and
Place
, and
Circumstances
, it will frequently lose its Force and its End, introducing of Consequence, Anarchy, and Disorder.
These Observations hold equally true in all Governments and Societies, whether Little or Great, Publick or Private: And I add here too in the
Vegetable
, as well as
Animal
Kingdom. For the Lord or Governor over any Part of Vegetable Nature, is not less in Danger of losing the Beauty and Benefit of his Government, from the Want of a seasonable Execution of good Laws, than a Sovereign Prince is, of being deprived of the Blessing of Prosperity, and the hearts of his Subjects, from Partiality or Injustice.
It is, I confess, therefore with a View of restoring and establishing a true and exact
Order
and
OEconomy
in a Garden, that I have been prevailed upon to add this
Kalendar
to the Two other Treatises I have published on this Subject.
I have indeed
therein
already consulted, and had a due Regard to the
Order of Nature
, resolving to make every Thing plain and intelligible, even to young Beginners, by a
natural
Method of Proceeding: But yet what is still desired and wanted to make the Art of Gardening truly pleasant, familiar, and entertaining, is
the Order of Time
too: To be
led
, as it were, by the Hand; to be directed and pointed to something to be done, not only each successive
Year
, but if possible
every Day
, at least every
Month
in the Year, towards forwarding the natural Hopes of being rewarded with Fruit and Plenty.
Such a Sort of
Manuduction
as this must needs be very desirable and easy to the Mind; and every true Lover of a Garden should methinks entertain such a
Guide
with Kindness and Candor; especially whilst nothing is offered to him
choaking
or
unnatural
; but all the Rules of Art, though confirmed by long Experience, are submitted to the common Reason and Judgment of Mankind, and every Man is left to the first Principle of human Nature, of
judging for himself
.
What the mercenary Part of the Gardeners may think of this Method of treating the Subject, I cannot say. There are certainly some such
narrow
envious Spirits in the World, that would engross and monopolize all Knowledge; that would make others believe; that the
particular Mystery
is unintelligible; or at least not fit to be trusted with any but themselves. Where Tyranny and Ignorance prevail, this sort of
Craft
may easily be supposed to prevail also: But amongst us Protestants, where Learning and true Liberty prevail, if we can but keep where we are, no Subtilties or
Crafts
will be endured, that hinder the Progress of useful Learning, as well as true Religion.
I hope therefore it will not be made an Objection, that I have all along endeavoured to make this Science
plain
and
easy
, and consequently
intelligible
; because the better it is understood, with so much the greater Success it will be practised, and the more improved; it being my constant Desire and Aim, that no one Person amongst
Clergy
and
Laity
, in whatsoever Part of this Island, may ever be deprived of the
Pleasure
or the
Profit
of a Fruitful Garden, for want of Rules and Instructions, or of knowing
Times
and
Seasons
when to put them in Practice. Or if I could but be so happy, as only to give some Hints, whereby further Improvements might be made, by the Experience and Ingenuity of others, I shall gain the Pleasure and the End I aim at.
There are some Terms and Expressions yet remaining in our Language, with respect to Arts and Sciences, that have a very odd Sound, though perhaps no ill Meaning: As when we are told of a Company of the
Mystery
of Haberdashers or Merchant-Taylors, and Wardens of the
Mystery
of Mercers,
&c.
I confess, if the Company of Gardeners should ever incorporate themselves into a Fraternity, I should be very sorry to hear them called,
A Society of the Mystery of Gardening
: Because, however weak Minds may be brought to reverence what they do not understand, yet I cannot find that wise Men
like
any Thing the better for being
made
mysterious or unintelligible; but rather the contrary; and are jealous of every Thing that looks like
Art
in
hiding
what
ought to be
known or explained. Howsoever, as far as in me lieth, I have endeavoured to shew that the Art of
Gardening
is no
Mystery
, no inaccessible
Arcanum
; but attainable by a few easy Rules, and a little Experience.
The Study of
Vegetable Nature
has indeed hitherto been too much neglected: But as the most ingenious Mr.
Bradley
has now opened a new Scene of Philosophy in the Generation of Plants, it is to be hoped
that
Attempt will provoke other curious Observers to join with him in making further Experiments, and tracing the Operations of Nature distinctly through its several Stages, from the
Conception
to the
Birth
.
When that
Hypothesis
is once fully settled, as it is now a highly probable one, we shall have a noble Foundation to build practical Truths upon; and it is easy to guess what surprizing and useful Inferences may be drawn from such a new Theory of Vegetable Nature.
In the mean time, taking the Circulation of the Sap for a Thing granted, and built upon
good Reason
, as well as undeniable Experiments
Besides the Experiment of the Circulation of the Sap in the strip'd Jessamine, mentioned in the 1st and 2d Part, I have since try'd to make an Incision in a strong Branch of a Pear-Tree, as far as the Pith, and afterwards split it Four or Five Inches upward, putting a small Stone in the Opening to continue the Gap. This succeeded as I expected; for at the Extremity of the Lip, where it was disjoined from the lower Part of the Branch, nature formed a weak bearing Branch; which could not otherwise be, but by means of the descending Sap, as may be seen in
Fig.
1 at A. The same also is proved by
circumcising
the Branch of a Pear, taking away three or four Inches of the Bark all round to the Wood: The Effect whereof is, That the descending Sap swells very much the upper Part of the Wound at B in the same Figure; and is (I think) a Demonstration, that the Sap in a Pear, (and as far as I have observed in
that
alone) ascends in great Measure through the Pith. For such a Branch will live and bear Fruit several Years.
, I shall continue to proceed upon that
Hypothesis
, and with a constant View to
That
, shall venture to recommend those Rules and Directions to others, which have proved for many Years so successful to my self, under no very advantageous Circumstances of Soil and Situation.
This Subject, as I have observed above, I have already treated in
the Order of Nature
; and in that Treatise, I have study'd to use as few Words, as possible, and yet to express my self
intelligibly
. But if a further Enlargement should seem necessary to
some
; I hope I have here supply'd that Defect, now I come to speak in
the Order of Time
, which will lead me to say many Things before unthought of, and to insert some others not before sufficiently experienced.
However, what I have chiefly had Regard to in my further Explications and more particular Rules, is the Managment of the
Vine
, that
glorious
Plant, which amongst all others, justly claims the
Precedency
, being esteem'd both by Ancients and Moderns, the King of the
Vegetable
Kingdom, as Man is of the
Animal
, and Gold of the
Mineral
. And that
Honour and Precedency
is the more aptly given to it as a King, if we consider how ana logous
Plants
are to
Animals
, according to the new System of the Circulation of Juices in Vegetables; and more so still, if their Method of
Generation
given us by the afore-mentioned Curious Gentleman, be admitted.
This
Royal Plant
, I say, I shall all along treat according to its true Dignity and Worth, studying to explain and unfold its Nature, and laying down such particular Rules and Directions, that
All
may understand its Motions, and
None
be deprived of the Blessings and Rewards which it offers to all its Lovers and Admirers.
There is the greater Need of having something of this Nature said and done; because there is a strange prevailing Notion got abroad, as if the greatest End and Use of planting a Vine, being a quick Grower, was to cover the Walls of the House with something Green, to make it look Pleasant and Beautiful to the Eye, without any great Prospect of reaping good or ripe Grapes from it. And indeed, according to the Observations that I have made, it is generally managed accordingly, with great Disregard to any exact Pruning, or good Government.
This careless Management of the Vine, is yet but agreeable to the Views Men have in other Cases, whose Labour and Resolutions
ordinarily
rise no higher than the Level of that Good, which is desired and hoped for. If the Expectations of Fruit from the Vine be languid and faint, who can hope that the Four several Prunings will be duly watch'd and regarded? And yet I am very well satisfied, that the general received Opinion is, that 'tis a vain Thing to expect good
Grapes
, when once you get Fifty or Sixty Miles
North
of
London
To this Error and Mistake, Sir
William Temple
, I doubt, has not a little contributed; when he so weakly argues and insinuates, as if neither good Peaches nor Grapes could reasonably be expected, when once you get beyond
Northamptonshire
, and commends the Prudence of his Friend in
Staffordshire
; that planted only the best Plums against his
South
Walls. Where yet (as I am informed) there is excellent Fruit of all the best Sorts. See
Garden of Epicurus
, Page 116.
; of if any one happen to succeed,
That
is commonly attributed to such kind and favourable Seasons, as are not
ordinarily
to be expected.
Now therefore, that I may at once strike off the main Force of this Objection, and raise Mens Hopes and Expectations upon a Rational Foundation in order to Practice, I shall here subjoin an exact Calculation of the several Degrees of the Sun's Heat, answerable to the several Degrees of Latitude, between 44[deg] and 56[deg], whereby at one View it may easily be discerned, what Proportion of Heat is lost or got by going
Northward
or
Southward
.
But because I am obliged to my Good and Learned Friend Mr.
Whiston
, for his kind Letter and Tables upon this Occasion, I shall make use of his Leave to insert them at Length.
Dear Sir
,
"I Have considered the Problem you desired the Solution of from me, and have perused the Learned Dr.
Halley's
Account of the same in the Philosophical Transactions,
Numb.
203. And the Result of my Enquiry is this: That the Quantity of Heat derived from the Sun is
always
as the Squares of the Sines of the Sun's Altitude above the Horizon,
i.e.
that the Quantity or Number of its Rays is still as the Sines of that Altitude; and the particular Force of each Ray, or equal Quantity of Rays (which when more oblique are weaker and more Perpendicular are stronger) is in the same Proportion of the Sines also: Which equal Proportions, when compounded, do constitute the Proportion of the Squares of those Sines. Upon which Foot I have set down Tables of the Quantity of Heat derived from the Sun at Noon on the longest Day,
June
10. At the Sun's Entrance into
Taurus
and
Virgo, April
10. and
August
12. And on the
Equinox
-Days,
March
10. and
September
12. for the several Latitudes from Forty Four to Fifty Six; or from the Latitude of
Montpelier
in the
South
of
France
, to that of
Edinburgh
in
Scotland
; which will be sufficient for an Estimate of the
Summer
Quantity of this Heat in general for the same Latitudes, or so far as the ripening of
Summer
Fruits is concerned: And it will abundantly prove what you aim at;
viz.
That 'tis not the proper Weakness of the Sun's Heat, that hinders those Fruits from ripening tolerably well in the Middle, or even somewhat
Northern
Parts of
England
, which are known to come to considerable Perfection in the Southern Parts of it: Since it is evident by these Tables, that the Difference of an entire Degree in these Parts, is but about the Fifty Sixth Part of the whole Solstitial Heat in
June
; but about the Thirty Fifth Part of the other in
April
and
August
; and no more than the Twenty Third Part, even in
March
and
September
, when it is largest: Which seems to be too small to be of very great Consequence in that Matter. The other Occasions of Variety of Heat in several Countries, are generally obvious, and do not come under our present Consideration. I am, Sir, a hearty Well-wisher to your useful Designs of improving and recom mending the Art of
Gardening
; and withal,
Your affectionate Friend and Brother
,
Will. Whiston
.
Cross-Street, HattonGarden
,
Dec. 14. 1717.
N.B.
The following Tables and Calculation, though they shew the real Difference of the Sun's
Meridian
Heat in different Latitudes; yet do not account for the greater Number of Hours of the Sun being above the Horizon, which a
Northern
Latitude has more than a
Southern
one; which yet is to my present Purpose to observe. I shall only therefore inform the Reader in General, and by one round Number, That during all the
Summer
Season (the Time of ripening Fruits) betwixt the Two
Equinoxes
, there are no less than One Hundred Hours of Sunshine at
Durham
, more than there are at
Plimouth
, as might easily be shewn by a particular Table.
Tables of the Quantity of the Sun's Heat at Noon, when it is Vertical; at the
Summer
Solstice; the Two
Equinoxes
; and the Sun's Entrance into
Taurus
and
Virgo
, for the several Latitudes from 44[deg] to 56[deg].
N.B.
The Angles are made by adding the Sun's Declination to the Elevation of the
Equator
.
Degrees of Latitude
.
Place Names.
Heat
, June 10.
Heat
, Ap. 10
and
Aug. 12.
Heat
, Mar. 10.
and
Sep. 12.
Vertical Sun.
---------
1000
1000
1000
44
Montpelier
.
880
711
516
45
--------
867
696
500
46
Lyons
.
854
680
484
47
--------
841
664
466
48
Orleance
.
828
647
449
49
Paris
.
814
631
431
50
The
Lizard
.
800
614
413
51
--------
785
606
396
51 1/2
London
.
777
597
388
52
--------
770
579
379
52 1/2
Yelvertoft
.
767
574
375
53
--------
757
561
362
53 1/2
Lincoln
.
753
555
357
54
--------
742
543
346
55
Newcastle
.
726
524
329
56
Edinburgh
.
711
506
312
By these Tables it manifestly appears, that though Two or Three Degrees of Latitude do produce
some
, and that a
Mathematical
Difference in the Degrees of Heat and Cold; yet that
that
Difference is but small, much less considerable than is commonly thought, and consequently that there is more Weight laid upon that Difference than it will bear, when a Gentleman suffers himself to be discouraged from Planting and Managing Peaches and Vines; because he happens to live under Fifty Three of Fifty Four Degrees of Latitude.
For my Part, I am so sensible how little there is in that Disadvantage, that if the Rules I have laid down for managing a Vine be but followed, I am sanguine enough to hope for Success, even in the most
Northern
Parts of this Kingdom; and I own it is with Pleasure, that I expect to hear of good Grapes at
York
and
Durham
, too.
N.B.
In this Calculation no Notice is taken of the Advantages and Disadvantages of
good
and
bad
Soils, of
kind
and
unkind
Climates and Situations; because, though these are in themselves of the last Consequence, and are indeed chiefly to be regarded; yet do not they come under the aforegoing Disquisition; but are to be considered
separately
and
apart
: Inasmuch as a bad Soil and Situation may fall to the Share of him who lives near
Canterbury
, and a good one to him that lives near
York
.
The former Calculation therefore is supposed to be made under the same or equal Circumstances of Soil and Climate. But then what I would add here is this: That we unjustly complain of a
Northern
Climate, when the chief Misfortune (to say nothing here of bad Pruning) is owing to a bad Soil and Situation, to cold Springs and Clays, subject to Currents of Winds betwixt Ridges of Hills, open to the
North, East
, or
West
.
That these are the Evils chiefly to be dreaded and guarded against, if possible, may appear from the want of
good
and
late
Fruit in
Cornwal
, and some Parts of
Devonshire
, open to the cold Winds; and the Plenty of it to be had in
Worcestershire
and
Herefordshire
, Two Degrees more
North
. Though indeed it is a Reproach to those Two last named Counties, the very Garden of
England
, that they do not more encourage Vineyards, and the later Fruits; not seeming to know the Felicity they enjoy of the
best
Soil and Climate, and of their being so happily guarded on all dangerous Sides by Hills, and yet open to the
South
.
This however, is to my present Purpose to observe, that though there is some small
Disadvantage
attends every Degree of more
Northern Latitude
; yet even Three of Four of those Degrees are by no means so considerable a Discouragement (nor ought to be accounted so) as a wet Soil, a cold Clay, and a bad Climate, wheresoever they happen; I shall therefore venture to say, because I am supported by experimental Knowledge in saying it; That a warm Sand or Gravel on a favourable Situation, as far
North
as
Nottingham
or
York
, is much rather to be chosen, because more agreeable and assisting to late Fruits, than a deep Clay unguarded from the
North
Winds, as far
South
as
Exeter
or
Plimouth
.
For indeed there is a greater Disadvantage attends a wet cold Soil than most are aware of; because the very Climate in some Cases is affected from the Nature of the Soil, as I have my self had but too fatal Experience; the hovering cold Dews and Frosts
here
coming on sooner in
Autumn
, and continuing later in the
Spring
; whereby I have not only been deprived of at least a Month of that Summer, which most of my Neighbours have enjoyed; but have often lost the tender Shoots and Fruit of Vines and Figs in the
Spring
, and
much
of their Fruit in
Autumn
.
N.B.
The aforegoing Calculation doth not respect any extraordinary Cases of Artificial Fires, or other Helps to accelerate the Growth of Nature: For these may be had in any Latitude with Care and Charge, and are, to be sure, most wanted in the
North
, and in bad Soils, to ripen the later Fruits.
I have been informed, that his Grace the Duke of
Rutland
, at his Seat at
Belvoir
Castle in
Lincolnshire
, has done so much Justice to the Vine, as to have these
Artificial
Fires constantly burning behind his slope Walls from
Lady-Day
to
Michaelmas
; whereby he is rewarded with the largest Grapes, and even the
best Frontignacs
in
July
.
I have not my self seen them; but it is easy to conceive, that by the Help of Stoves at convenient Distances, and Cavities in the Structure of the Wall to convey the Heat to all Parts, the desirable Purpose of
early, large
and
good
Grapes must be attained; especially if the constant Care of Matting them a' Nights be not neglected; without which all would quickly be spoiled by the Cold and
Perpendicular
Dews or Frosts, that fall so frequently in
April
and
May
.
Neither is the Charge of this, as I am informed, so considerable as might be thought; for in a Country of Coals, where a Wagon-Load of the small Sort may be had and brought for Two or Three Shillings, it cannot be supposed to be a great Charge to have Ten or Twelve Stoves constantly burning for Six Months. The most material Thing seems to be the Attendance required: And yet
that
need be look'd upon as only part of the
Meloniere
, and may be managed by the same Hand, and at the same Times.
Something analogous to this, is a Method that might be practised; of laying large Heaps of long Dung behind a Wall of Vines, which by frequent stirring and repeating, will have the same Effect as a gentle Fire; and if it might be so contrived, as to have the Garden-Wall where the Vines grow, near the Stable, the Trouble would be little or nothing, but the Advantage every way very considerable; still remembring, that if the Vines by any artificial Heat, shoot out before their natural Time, great Care must be used to guard them a' Nights from the Frosts, till
April
and some part of
May
be over.
But what Methods soever are practised for accelerating the Growth of Vines by
artificial
Heats, it may not be improper to add in this Place; that it is of the last Consequence to follow exactly the Rules of Art in
pruning
them: Forasmuch as great
Care, Attendance
, and
Charge
is used for the attaining the End of getting
good
and
early
Grapes, the more of
these
are procured in a small Compass the better; and therefore it would be inexcuseable to have any part of such Walls as
these especially
, unfurnished with Fruit; which yet, I doubt, is a Thing not sufficiently considered by those, who are willing to spare no Cost to get good Grapes: Whilst they seem satisfied with having a tolerable Quantity on each Vine; when yet, it may be, the same Quantity of good Ones might be had in half the Room.
Which leads me here by the way to remark also, That I could never yet find, that the Vine can
ordinarily
bear
But this observation is to be restrained to the Vine only: All other Fruits (as far as I have observed) do really suffer as to their Taste and Goodness, from too great Plenty.
too much Fruit, its great Plenty of Sap affording always sufficient Nourishment for the greatest Abundance; especially if all the fruitless Branches be removed, as they ought, and as will be directed in its proper Place.
N.B.
If all the afore-going Advantages of Soil, Situation, and Climate, were well considered and improved, I do not see but it must turn to very good Account to plant a convenient well-sheltered Spot of Gound, to be ordered in the Method of a Vineyard for making Wine; the Fruit whereof by the help of a very small Quantity of new Raisons, might certainly be made to answer to very good Purpose.
I cannot tell but the
South
-Side of a chalky Hill may do: but I should rather chuse an untry'd hot Sand or Gravel not over-rich, for this Reason; because
this
will retain the Heat of the Sun much longer, even so as to continue warm in the Absence of the Sun; and consequently the
circumambient
Air will be in a great Measure affected therewith.
I am satisfied there is more in what I now say than is commonly thought; because I have frequently observed the happy Consequences of a warm Gravel or Sand, how that it hath really defended what has grown upon it from the Injury of those Frosts, which have made terrible Havock in other Neighbouring Places. The great Misfortune which we in this Island suffer, with Respect to our late Fruits, is the
Unconstancy of the Weather
, and
great Difference
oftentimes betwixt our
Nights
and
Days
, as to
Heat
and
Cold
; for we do not seem so much to want
hotter Days
, as
less cold Nights
: But it is plain from
Fact
and
Experience
, that those
Inequalities
are not near so great and considerable in a
dry warm
Soil, as they are in a
cold wet
one. And yet (as I apprehend) no better Reason can be assigned for it, than that the one retains the Effect of the Heat of the Day and the Sun's Beams
longer
, and consequently makes the whole Air
warmer
in the Absence of the Sun, than the other.
To the happy Influence of this it must be assigned also as the Cause, why those perpendicular Frosts or Mists, which fall so frequently in
Spring
and
Autumn
, do not
here
fall so plentifully, nor cause such fatal Destruction:
Such
indeed as must in
other
Places be carefully guarded against with
Horizontal Shelters
, if tender or late Fruit be expected.
However, still we shall but deceive our selves, if we trust too much to the happy Influence of a good Soil: I am now only speaking of what is
comparatively Good
; of what is to be chosen with all the Skill and Discretion imaginable, in the Case of planting a Vineyard especially. But were it any way practicable, nothing could more effectually bring
Italy
into
England
, than a Contrivance to take off more of the Influence of our cold Nights and uncertain Weather. This I am perswaded might, in good Measure, be done with no great Charge or Trouble, by means of low ordinary Espaliers about Two Foot high, along the several Rows of Vines, to which their Shoots might be carried
horizontally
and fastened, and the Fruit it self likewise defended by
Horizontal Shelters
, fix'd on the Top of the Espaliers, made of coarse narrow Planks with a convex Superficies to throw off the Wet; as may be seen more plainly
Fig.
2.
But a cheaper way still, and as effectual, would be to fasten narrow Mats of Straw or Rushes Four or Five Inches wide on the Top of the Espalier, running
East
and
West
.
I cannot but think some such Method as this might be of singular Use to remedy the Inequalities of our Climate, and help us to such
fruitful
Vineyards, as may afford the same good Wine, which we so
eagerly
seek for Abroad with greater Charge.
I am throughly convinced how easily good and ripe Grapes may be had in a Vineyard
artfully
chosen and well guarded, from what I saw the last Year, (and that no very favourable one) in the Garden of that Ingenious Encourager of Vegetable Nature, Mr.
Balle
at
Kensington
, who for a Trial has planted a little Spot with Vines in his Garden; Three or Four Shoots from every Plant were supported with Props: And when I was there in the Beginning of
November
, I saw some very fair Bunches of the blue
Frontiniac
tolerably ripe, managed according to Art, by Mr.
Bradley
himself. Some of
these
indeed he told me were planted there by Mistake: But I only infer from thence, what excellent Fruit must be had, and may ordinarily be expected, from the black Clusters and Muscadines, that are so much earlier ripe.
Upon the whole then, since I have so
heartily
recommended the planting Vines in all advantageous Soils and Situations, and have encouraged even the making Vineyards in
some
of the best and most
Southern
Parts, I shall think my self obliged to be more than ordinary Particular in my Directions how to manage them; not only, because
they
most of all
expect
and
need
constant Pruning; but because I cannot find, that
that
Care and Attendance is
ordinarily
given them, which is so absolutely necessary to the Production of
good
and
ripe
Grapes. But neither shall I forget what I have promised: To lay down such plain Directions and Rules for the Government of a Fruit-Garden in all the Articles of it, that the practical Part of Gardening may become as
easy
and
familiar
, as the Theory is delightful and entertaining to all.
THE LIFE OF Mr.
James Spiller
, THE LATE
Famous Comedian
. In which is interspers'd much of the
Poetical History
OF His own Times.
By
George Akerby
,
Painter
.
LONDON
: Printed for J.
Purser
in
White-Fryers, FleetStreet
. 1729. (Price One Shilling.)
THE
LIFE
OF Mr.
James Spiller
.
THE transmitting to Posterity the Lives of Persons who have render'd themselves, in any Manner, or Science, whatsoever, ornamental to a Commonwealth, is a Work that is not only due to deceased Merit, but redounds to the Honour of the Person who undertakes and executes it with Truth and Ability. On this Account,
Plutarch
still lives, and participates the Renown of those illustrious Persons, whom his victorious Pen has rescued from the Triumphs of the Grave. The Present Age is acquainted with, and admires alike
Suetonius
, and the
Twelve Cæsars
; And the
British Heroes
of the ROAD communicate a Share of their own Glory to
Captain Alexander Smith
, the learned
Preserver
of their Exploits and immortal Fame.
Under the Encouragement of such notable Examples, I have ventur'd on the following Piece of
Biography
, and flatter myself, that as the
Hero
of my Discourse was a Person of important Consideration in
Great Britain
, I shall derive to myself no small Portion of his Merits and universal Applause, by the honest and pious Regard which I have shewn to his Memory.
Mr.
James Spiller
was born in the Year of our Lord 1692, of honest and reputable Parents. His Father was indeed no better than the
Gloucester
Carrier; but having scraped a pretty handsome Sum of Money together, by his own Industry, and having but this one Son, he was resolved to breed him a Gentleman, if Persons may be allowed to be such, who practice the Liberal Arts, and if Painting may be accounted one among them: He accordingly put him Apprentice to Mr.
Ross
a Landskip Painter, in whose Business, having always a very lively Genius, he grew a tolerable Proficient in a short Time; but a sedentary Life being, by no Means, agreeable to his natural Gayety and Vivacity of Temper, he betook himself very young to one more suitable to his Inclinations, tho' not altogether so genteel or profitable, and went with a Company of Strol ling Players, into several Parts of
England
: and so well qualified was he for this Employment, that into whatever Place he came, or in whatever Play he acted, he was, at all Times, the Life of the Performance, and the greatest Support of the
Company
; but although he pleased his own Humour by this Way of Living, yet it was so much against the Will of his Father, that he was hardly ever prevail'd upon to do any thing for him afterwards. So difficult a Task it is for young Men to curb their headstrong Desires, tho' check'd by the strongest Ties of Duty and Interest!
The Parts he usually appear'd in, were those of low Comedy, not, but that sometimes, in the Country, where Heroes are not very plentiful, he has represented
Alexander
the Great,
Mithridates
King of
Pontus
, although it must needs be confessed, excellent as he was in his own Way, these Parts were but burlesqu'd by him; but when he came upon the Stage for
Hob
in the
Country Wake
, the Widow
Lackit's
foolish Son,
Daniel
in
Oroonoko, Costar Pairmain
in the
Recruiting Officer
, and many others of the like Sort: His Looks, his most significant Shrugs and Gestures, would oftentimes set the whole Audience a laughing before he had spoke one Word.
Notwithstanding by the Liberality of several Persons of Condition to Mr.
Spiller
, who were willing to encourage One, who had so much Merit in his Profession, he was set above the Necessity of the Rest of his strolling Companions; yet he was often-times pretty much in Arrear, especially at the Tap; (for Mirth is sometimes thirsty as well as Grief) and meeting at a certain Place, (I think it was at
Stamford
in
Lincolnshire
) with a Landlord, who had no great Share of Faith, he was suddenly seized by two Bailiffs, one Evening, for Three Pounds, Eleven Shillings, just as he was going upon the Stage. He begg'd he might perform his Part, and when that was over, he would go with them whereever they pleas'd. They told him they did not care to part with him now they had got him. No more you need, replied he, For you shall both go upon the Stage, and act a Part with me, if you please, that you may be sure I will not go out of your Sight. How can that be? said the Bailiffs, We don't know how to act or speak before so many People. O! answer'd the other, Here are two Parts in this Play, wherein there is Nothing to do or say. In short, he was to act, that Night, the Country Squire in the Comedy called
Æsop
; and he prevailed with the Bailiffs to lead in his two Hounds for him; and finding an Opportunity to get to that Side of the Stage which was near a Door into the Street, he got clear off, and when he was quite out of Danger, could not help laughing to think how he had given each of the Bayliffs
a Dog to hold
.
It was not long e'er the Master of the Company found the Want of him, by the Receipt of his House, and took all the Ways he could think of to recover him, but all to no Purpose, for he was soon got into another very distant Part of the Kingdom, and in the Year
came up to
London
, and was receiv'd into the Play-house in
Drury-Lane
, which was, at that Time, under the Management of that great Genius,
Aaron Hill
Esq; and one Mr.
Collier
, a learned Attorney at Law; some of the principal Actors being then at the
Hay-Market
, but there was left a very good Company at the Old House, among which were Mr.
George Powell
, Mr.
Booth
, Miss
Santlow
, Mr.
Bullock
, Mr.
Norris
, Mr.
Pack
, nor was Mr.
Spiller
, the Subject of our present Discourse, the most despicable among them. He was well receiv'd at his first Appearance, and every Day gain'd on the good Opinion of the Town. The first Part for which he was very much taken Notice of, was that of
Corporal Cuttum
in the
Walking Statue
, written by the abovesaid Mr.
Hill
. It would be an Injustice to that illustrious Poet, if we were not to take Notice of the grateful Sense Mr.
Spiller
always expressed of the Favours he had received from him, in so much that when he has happened to be mentioned in his Company, he would even grow wanton in his Praise. It is to the fostering Kindness of this worthy Gentleman that the Town is indebted for some of its greatest Geniusses! Such is that Phœnix in her Way, Mrs.
Eliza Haywood
; the most inimitable Mr.
Richard Savage
; and that sweet Bud of Poetry, who was out off in the Spring of his Life, Mr.
Thomas Patterson
. It is Spirits like these that adorn the Age and Country they live in, and who, as that ingenious Lady, the Author of Mr.
Savage's
Life says, have something in the Force and Sprightliness of their own Imaginations, which more than makes amends for their Ignorance of the Classics; for what was
Sapho
if compared to the first, or
Homer
and
Virgil
to the latter!
But to resume the Thread of our Discourse: the two Companies in the
Hay-Market
and
Drury-Lane
being again united, the Managers thought fit to dismiss Mr.
Spiller
, who, as they would have it, could act no Parts but such as were in Mr.
Pinkethman's
Way; and they had always received too much Profit from
Pinkey's
Phiz, to encourage any Body to put
that
out of Countenance.
Mr.
Spiller
forced again to return to the Strolling-Trade, made himself as happy as possible, and the more so, by marrying Mrs.
Elizabeth Thompson
, a good pretty Woman, and one who might have made a tolerable Figure on the Stage, was it not for a little too much Affectation; but it is the Misfortune of a great many fine Women as well as she, when Nature has made them perfectly agreeable, to marr
her
Handywork, and make themselves the Reverse, by their own Distortions of Body and Features.
The Desire of several Persons to have Mr.
Spiller
on the Stage again, who had seen him there before, and the Report that was made of his excellent Performance in the Country, made the Managers of both Houses, (for now
Lincoln's-Inn-Fields
Theatre was opened) send pressing Invitations for him to come to
London
; and indeed it must be own'd he had partly made an Agreement with the Master of the New House to come to him, notwithstanding he went for a short Time to
DruryLane
; but when the first, as he is himself a most religious Observer of his own Word, sent a Friend to him to put him in mind of his Promise, he went away that Instant, although he was already dress'd for his Part in the
Emperor of the Moon
. His Wife came with him hither, but I cannot learn that she was very remarkable for any Thing but speaking in Men's Cloaths a Prologue to that incomparable Tragedy call'd
Mangora, King of the Tim busians
, a Play, of which no Part of the Town were capable of tasting the Beauties; nay, some ill judging Criticks have ventured to say, that it abounded with Faults, tho' I think there have been no printed Remarks upon the Plot, the Manners, the Sentiments, and Diction of it; No, no, they knew it would be a hard Task to go so far as that: But however they went far enough to provoke the Honourable Author to write a Defence of his Play, which he set forth in that facetious Pamphlet, entituled the
Mus Muzzled
, which, egad, did their Business for them, and smote them all Hip and Thigh. This
Mus Muzzled
, was to be found on every Bulk and Stall in Town, and was not dispersed in such a clancular Manner as the New Edition of the
Dunciad
: But why should we wonder at any Thing done by a Person, who makes no Bones of the brightest Men of the Age, by one, who can attempt to render contemptible such an amiable Character as that of Mr.
Edward Ward
, when all the World must own his Hudibrastic Verse has put Mr.
Butler
as much out of Countenance, as Mr.
Charles Johnson's
and Mr.
Odingsell's
Comedies have eclipsed the Names of
Congreve
and
Wycherly
. Nay, the very
Laureat
himself cannot escape him, tho' I would fain know on which of his Predecessors Mr.
Eusden
thinks that Title was more deservedly bestowed than on himself, notwithstanding
Spencer, Ben Johnson
, and
Dryden
were of the Number. Nor is even the Grave a Shelter, or Shield from the Edge of this Gentleman's Satyr, but poor Mr.
Durfey
is raised again from the Dead to be maul'd in the
Dunciad
. I would here attempt the Character of that great Lyric Poet, but that I fear the ill-natur'd will say, I am like my
Lord Plausible
, commending every Body; but I hope the Judicious will see that I have not given Praise to any one but who is truly worthy of Praise. No one can charge me with lavishing my Compliments upon the late Mr.
Addison
, or the present Dean of St.
Patrick's
: I have wasted no idle Ink in a Panegyric upon the
Beggar's Opera
; and as for the
Dunciad
, I don't in the least doubt but in a few Years it will be as much forgotten, and as little admired as the
Dispensary
.
Before I quit this Author, I must take Notice of his barbarous Usage of that Father of
English
Criticism, Mr.
John Dennis
. Are his Labours to be wedged in between
Ward
and
Tibbalds
on the Back of his Ass? Oh Envy! Envy! What would he turn the most Venerable of all Criticks into Ridicule? Has not the Force of his fine Reasoning, nor his tremendous Aspect sufficient Power to awe him? Will he not take his own Word, that no Au thor now living has done so much for the
British Stage
, or defended so manfully the
Cause of the British Muses
? And is not theirs the Cause of our Country? What do our Armies fight for, what do our Senates debate about, if Poetry be suffer'd to languish? This awful Bard has by the Harmony of his own Numbers, shewn himself fit to judge of the Performance of others,
he alone
Should censure freely who has written well.
I will boldly venture to affirm, notwithstanding all that Mr.
Pope
and his Adherents can say, that there are some of this Gentleman's Plays not to be equall'd by any that have come after him, I will hardly except the afore-mentioned excellent Tragedy of
Mangora
. Not only his own Country, but all
Europe
have confess'd their Admiration of his Play call'd
Liberty Asserted
; and her late Majesty's Ministers at
Utrecht
, found such Difficulties in their Negotiations upon Account of that Play, that sure it is not so long ago, but every one may remember how much the Peace was retarded thereby, because they could not be brought to consent to the sacrificing so valuable a Person as the Author of it, to the Fury of the
French
. As we are now in strict Alliance with that Nation, I would not rip up old Sores, nor mention their fitting out a Privateer to spirit him away from the Coast of
Sussex
, but only to shew of what Consequence this Gentleman has been esteem'd in the World; and now in his Decline of Life, to be treated like one who never wrote any Poetry worth reading himself, and yet has made severe and senseless Remarks upon other People, is inhuman to the last Degree. The Character these his Enemies give of him, puts me in Mind of a certain old Gentleman I have heard of some where about
Charing-Cross
, who seldom leaves the Tavern till Morning, but is constantly railing at late Hours and Debauchery.
If the Malice of the Author of the
Dunciad
continues, I shall shortly expect to see the sacred Names of Mr.
Edward Biddle
, and Mr.
Pickering Rich
, used with as much Contempt as any of those he has been already pleased to satyrize. Nay, who knows but in Time he may take it into his Head to call in Question the Merits of Mr.
Giles Jacob
, and Mr.
Bazaleel Morrice
. The great Estate and Titles of the Author of
Love in a Hollow Tree
, it is to be hoped will be a sufficient Defence against his Lash; but it must be allowed by all Men, that he has made free with some who are but little inferior in Genius to that wise and learned Peer.
Now begging Pardon of my Readers for this long Digression, let me remember where I left Mr.
Spiller
, 'twas at
Lincoln's-Inn-Fields
Play-House, in full Possession of the Applause of the Town, and in full Pay. In the Year 1715, Mr.
Rich
, the Patentee of the House, having resign'd the Use of his Theatre for four Nights in a Week to Mr.
Keene
, and Mr.
Christopher Bullock
, Mr.
Spiller
was caress'd by these new Partners, if possible, with more Fondness than by their Predecessor in the Management. From the Grace in which he stood with the Town, those Gentlemen drew no small Presages of the large Advantage they should gain in their Contract, by the Merit and Applause of his Performances. In pursuance of this Prospect, they thought it for their Interest to get up all the Plays in which he could play any Part. Nay, I am inform'd, that they have even procur'd Plays to be wrote on Purpose, that he might have an Opportunity of displaying his facetious Talents for the Entertainment of the Town. As the first Instance of which, I shall mention a Comedy call'd,
The Woman's Revenge: Or, A Match in Newgate
; which at this Day bears a very good Character, and brings considerable Audiences, wrote by Mr.
Christopher Bullock
, one of the above-nam'd Managers, and dedicated to Mr.
Spiller
, by that Gentleman, in Gratitude for the happy Figure he made in it. Which Dedication, upon the Account of it's Humour, I shall take the Freedom to transcribe.
To my merry Friend, and Brother Comedian, Mr.
James Spiller
.
Dear Jemmy,
MY Choice of you for a Patron, will acquit me of those detestable Characters which most of our modern Authors are obnoxious to, from their fulsom Dedications; I mean a Mercenary, and a Flatterer: My prefixing your Name to these Sheets will clear me of the Former, and there is no Fear of incurring the Scandal of the Latter, since the greatest Encomiums which my humble Pen could draw out, come far short of your just Praise. I could expatiate on your many excellent Vertues, your Chastity, your Temperance, your Generosity, your exemplary Piety, and your judicious and fashionable
Management
in your Conjugal Affairs: But since I am so well acquainted with your Aversion to Reading, I shall content my self with mentioning the many Obligations I have to you, particularly for your good Performance in this Farce, especially in your last Part; I mean that of
Padwell
; in which you was a shining Ornament to the Scene of
Newgate
: And you must not think I flatter you, when I tell you, you have a natural Impudence proper to the Character, and became your Fetters as well as any that ever wore them. And I am sorry I could not, without giving Offence to the Criticks, and deviating too far from the Rules of Comedy, bring you to
Tyburn
, for the better Diversion of the Audience; but I hope you are satisfied with my good Wishes, and will give me leave to subscribe my self,
Your obliged Humble Servant
,
Christopher Bullock.
His grateful Sense of the Compliment paid him in this dedicatory Epistle, (which certainly carries the same Air of Truth, as the greatest Part of those Dedications which do Honour to the Majority of the richest of our
Commoners
and the whole
List
of our
NOBILITY
) he has frequently express'd, amongst his most intimate Companions, but delay'd, by unforeseen Accidents, making his Acknowledgement in Print, 'till the first of
March
1728, which he did under the Character of
Peter Padwell
, upon the Account of the unreasona ble Success of Mr.
Gay's Beggar's Opera
, which he affirms was stole from Mr.
Bullock's
aforesaid Comedy, of
The Woman's Revenge, Or The Match in Newgate
, as the Reader will perceive by the following Letter of Mr.
Spiller's
to Miss
POLLY PEACHUM
; which I think it may not be improper to insert here.
To Pretty Miss
Polly Peachum
.
Pretty
Polly
say,
What makes
Jonny Gay,
To call, to call, his
Newgate-
Scenes,
The
Beggar's Opera?
Silly wretched Man,
Such a Flame to Fan,
To think of quenching Lover's Pains,
That any Dungeon can.
BUT hold me, dear
Duck
, whither am I running in
Musical Notes
, when my only design is to Forewarn and admonish thee in
Mournful-guise
of the great Danger we are in, from this Damn'd
Thieve's Opera
we are so merry about.
Pol
pray retain in your Memory what the honest Cobler says in Sir
Fopling Flutter Ale and History Master
, &c. for which Reason, take Notice, my Girl, if we are put into the
Crown Office
, and after that into Jail, for the Sins of other People, I here enter my
Protest
in
Form
against these
Treasonable Scenes
,
As they are fully prov'd to be,
By
Phil. Harmonicus's
Key
.
In the Days of that immortal
Stuart
, King
James
the First, there liv'd one Mr.
John Marston
, who wrote Eight Plays. One of which, call'd The
Dutch Curtezan
; was Printed in the Year 1605, and eight and Twenty Years afterwards, 1633, it was reviv'd with great Success, under the Title of The
Revenge
: Or,
A Match in Newgate
. And in the Year 1715, being the
Second Year
of King
George
the
First
, (God bless his Memory) our dear Brother Mr.
Christopher Bullock
, Rerevived this Comedy, and call'd it
A Woman's Revenge: Or A Match in Newgate
.
And now you see, in the
First
Year of King
George
the
Second
, that Mr.
John Gay
, who turns the Transactions of all the World into
Fables
, has
Metamorphosed
Mr.
John Marston's
Dutch
Curtezan
, into the Dutchess of and your Mother acts the Part, and does not prove her Marriage.
Ev'ry Page
Gay
has writ,
Tho' 'tis stuff'd up with Metre;
Points out Py and
Parliament,
God bless the
Speaker.
In short the Truth ought to be told, our Brother
Bullock's Match in Newgate
is a harmless, inoffensive Farce,
And Dedicated was to me,
As you may very plainly see.
The
Beggar's Opera
Mr.
Gay
stole from Mr.
Bullock
, who only borrowed it of Mr.
Marston
, and the Law says, The Receiver is as bad as the Thief: Besides it is most certainly a Libel against the Kg and Gt,
And we shall all be soused for our Folly,
Lockit, Macheath, Padwell, Peachum, Polly,
By other Folks Crime, Let us learn to Beware.
And keep our own Noddles,
Girl,
out of the Snare.
Paddington.
St.
David's Day,
1728.
Peter Padwell.
Nor did Mr.
Spiller
, in a less generous Manner testify his Acknowledgements to Mr.
Keene
and Mr.
Christopher Bullock
, his constant Friends, at a Time when ev'ry new Performance drew the whole Attention of the Town to
Drury-Lane
Theatre, and the
Cobler of Preston
, a Farce, wrote by the ingenious Mr.
Charles Johnson
, who is celebrated for many other applauded Pieces, besides the
Masquerade
and the
Village Opera
, the last so strenuously recommended by
Caleb D'Anvers
, Esq; than by getting into Company with his Brother
Pinkethman
one Evening at the
Gun-Tavern
at
Billingsgate
, who had the Part of the
Cobler
, then in Rehearsal, in his Pocket. These Gentlemen, who had with an equal Warmth the Honour and Interest of the
British Stage at Heart
, soon gave up the Animosities that generally arise between the Comedians of Rival Theatres, and enter'd into a free, and entirely mirthful Conversation, shewing themselves, what Mr.
Addison
says of the late
Duke
of
Marlborough
and
Prince
Eugene
, in the two following Lines in his excellent Poem of the Campaign,
Great Souls by Instinct to each other turn,
Demand Alliance, and in Friendship burn.
But Mr.
Spiller
, (I wish I could cast a Veil over this Part of his Life,) had a sinister View, which neither of those
Two Great Generals
were capable of; he meditated the Dishonour of the Men he convers'd with, and taking the Advantage which he had waited for, of Mr.
Pinkethman's
being overtaken with Liquor, without any Regard to the Laws of Society, Honesty and Justice, stole the Part of the
Cobler
out of his Pocket, and discharging, (as he was always exceeding Generous, when he had, as he used to call it,
The Cole upon him
,) the Reckoning, took his Leave of the Tavern, left his Brother
Pinkethman
drunk and asleep, and went immediately with his Prize to his Friend and Patron, Mr.
Christopher Bullock
; who being a Person of an admirable quick Turn of Thought, and one who always knew what would make for his Interest, embraced Mr.
Spiller
and his invaluable
Piece of Theft
, with all the Transports that naturally arise in a truly Poetical Bosom on such an Occasion: He instantly fell to work, and by the Hints given him by
Pinkethman's
Part of the
Cobler
, was able to bring upon the Stage a Farce of the same Title as Mr.
Johnson's
, a Fortnight before the
other House
could present theirs, through the above-mentioned Advantage taken of Mr.
Pinkethman
by Mr.
Spiller
, the former not being able to recover his Part, tho' he used the greatest Application in less than that Time.
Now I would have the
Reader
to observe, that Mr.
Bullock
, who always prided himself upon his Attachment to the Principles of
Toryism
, not only robb'd the above-mention'd ingenious Mr.
Charles Johnson
of great Part of the large Profits which he expected from the Run of a
Farce
, which was wrote, so much to the Support, and the Defence of the
Hr Succession
, but wrote his own Farce, call'd
The Cobler of Preston
, likewise in quite another Manner, turning into Burlesque and Ridicule all Mr.
Johnson's
Thoughts and Designs, and giving Spirit to that Party which Mr.
Johnson
had rendred contemptible and Spiritless. To this, the
Gentleman
who is the Subject of my present Discourse, may be said to be accessary, and his Principles with respect to the Government, may be brought into Dispute, as he not only knew his Brother
Pinkethman
to be a fervent Friend to the
Interests
of his late My, and his Administration, but was satisfied that his Patron, Mr.
Bullock
, for whose Sake and Interest he was guilty of so felonious an Act, as picking Mr.
Pinkethman's
Pocket, was a Person whose Hopes depended entirely on the Favour of a contrary
Party
.
To strengthen our Suspicion of Mr.
Spiller's
unhappy Sentiments, with regard to the Gt, and to shew the mutual Confidence that seemed to subsist between Mr.
Christopher Bullock
and him, I shall now take Notice of another Farce, call'd
The
Perjuror
, wrote likewise by the abovesaid Mr.
Christopher Bullock
, which was acted in Opposition to the
Nonjuror
, a Comedy written by that undoubted
Lover
of, and
Ornament
to his Country, Mr.
Colly Cibber
, and in which Mr.
Spiller
bore a considerable Part, and spoke a Prologue to it, which gave Mr.
Cibber
and the
Court-Party
no small Chagrin. No Body will wonder if this
Farce
had a considerable Run, to very large Audiences of Persons who went under the Censure of being disaffected to the Government, since Mr.
Spiller
was the Comedian, who, next to the
Party-Jokes
in it, gave, by his Performance, a Life and Spirit to it.
The Liberty I have taken with Mr.
Spiller's
Character in these Reflections on his Moral and Political Conduct, may, perhaps, seem very surprizing to those who are acquainted with the Intimacy that has been between us for near twenty Years: But the Regard I have to Truth, and my own Reputation as an Historian, compels me even to break through the Bands of Friendship; nor can I leave such a Chasm in my History, as omitting a Circumstance of such Moment to the curious Reader, as that, of his going from Mr.
Rich's
Theatre, (for Mr.
Keene
and Mr.
Bullock
were both dead,) in the Year 1720, to
Ireland
, immediately after his Benefit Night, when he received through the Generosity of the Town, an
Hundred and Seven Pounds in Money
, out of the Office belonging to the Play-House, and did not give any of his numerous Creditors the Favour of a Visit. He stay'd there till his Pockets were quite drain'd, or, (as he himself term'd it,) he was
Seedy
; and being requested by Mr.
Rich
to return to his
House
, thought it no disagreeable Invitation, and accordingly accepted of it, and came to
London
, and was re-established in
Lincoln's-Inn-Fields
Theatre; but such are the Charms of good Liquor and good Company, that four Pounds a Week were not enough to keep him out of the Hugster's Hands; and having mortgaged his Pay, and taken up several Sums of Money at extravagant Interest, he was forced in the Year 1722, to take Shelter in the
Mint
, and being drove to very great Straits, he was reduced to have a Play acted for his Benefit in that Place; but the
South-Sea
Business having brought a little better Company there than usual, he made a Shift to scrape together about Twenty Pounds: The Play was
The Drummer: Or, The Haunted House
, to which, upon this Occasion, he himself wrote the following Epilogue, which has been already printed in a Paper that came out at that Time, called
The Whitehall Journal
, but from a very incorrect Copy, above Ten Lines being omitted in That, which are here in their proper Place.
EPILOGUE
Written and Spoken by Mr.
Spiller,
for his own Benefit, in the
Mint.
OUR Journals have so much your Minds engrost,
From
Mist
and
Cato
, down to
Heathcot's Post
,
With strange Adventures in the
Church
and
State
,
And sometimes on the
Stage
new Turns of Fate;
That to divert you in your proper Sphere,
I'll shew my Fortune's Revolution here.
Odd may it seem indeed, a very Joke,
That Player should complain of being broke;
But so it is. I own it, void of Shame,
Since all this worthy Circle are the same.
But Pardon I perhaps mistake the Matter,
You mayn't have all Occasion for Mint Water:
Were't so, our Fate we need not much deplore,
For Men of Note have made this Tour before.
Since
South-Sea
Schemas have set the World a madding,
Some topping Dons have hither come a gadding.
Pall-Mall
no longer can some Sparks delight,
And
Covent-Garden
grows too unpolite,
These much renown'd in Stocks, and some in Print,
Have learnt to shift their Lodgings to the Mint:
Who in
'Change-Alley
can no longer meet,
Now keep their Cash in mimick
Lombard-Street
.
The Wits indeed find no great Change of Fare,
They still enjoy their usual Diet Air.
Next to myself and What brought me to th' Place,
'Twas neither Stocks, nor Wit, nor too much Grace.
You needs must read the Reason in my Face;
'Twas owing Money, that eternal Plague,
And Dread of
Three Bailiffs.
Duel, Morrice
, and of
Hague
.
But here we're snug from all such merc'less Wretches,
Fenc'd round by fragrant, Baily-dipping Ditches.
'Tis true, their Waters are not quite so clean
As those which flow from Poet's
Hippocrene
,
But, like
Red Seas
, they keep th'
Ægyptians
from us,
And safely guard us in this Land of Promise.
And faith they have some Inspiration too,
For 'till this Night my Pen I never drew,
But such their Pow'r, this Epilogue will show it,
By Them, or Poverty, I'me made a Poet.
A Virgin Muse, Gallants, should find some Grace,
She may prove kind in Time: She's in a hopeful Place.
This was the first Piece of Poetry my Friend Mr.
Spiller
, as he assur'd me himself, was ever guilty of; It is very certain, notwithstanding all the Care I have taken to give the Publick as exact an Edition of it as possible, there are many obscure Lines in it, which must arise from the Carelessness or Interpolations of Copyists, but the learned World may shortly expect to see the Genuine Text restored by that elaborate and circumstantial Critick Mr.
L. T.
who, as I am told, has spent some Time about it, and designs to publish it with such ample Notes, as will make, with the
Prolegomena, Testimonia Authorum
, and
Appendix
, two Volumes in a handsome Octavo: This is a Work which, it is to be hoped, for the Usefulness of it, will meet with Encouragement from the
Publick
, the Subscription not being above 25 Shillings in Sheets, and as to the time of its being delivered to the Subscribers, every Body knows how punctual this Gentleman has always been in this Particular.
As it is impossible for any Man, how inoffensive soever in his own Behaviour, to pass through the World without making some Enemies, so Mr.
Spiller
was not without those who maliciously and groundlesly reported this
Epilogue
was not of his own Writing, but that
he was
assisted therein by the great and admir'd Authors of that
Never-to-be-forgotten
Dramatick Opera called
Penelope
.
I must own I have here a strong Desire to enter upon the Character of those immortal Poets, who never had met with a Paralell in the Dramatick Way, if Mr.
Johnson
had not come from
Cheshire
, to oblige the Cities of
London
and
Westminster
with his
Hurlothrumbo
, or
News
from
Terra Australis Incognita
at the same Theatre, but that I have already tired my Readers by too long Digressions, and should I once begin upon so copious a Subject, and give the proper
Eulogiums
due to each of those memorable Bards, I must swell my Volume much beyond the Size I propose, and make a bound
Folio
, or a
Quarto
at least: Besides, I can the more easily put the Restraint upon myself, since I am informed that Capt.
Alexander Smith
, the renowned Biographer, whom I have mentioned in the former Part of this History, has undertaken to write the Lives of the modern Poets, with the same Accuracy and Elegancy of Stile, as he has shewn in the Lives of the Highwaymen, and in this intended Work, no Doubt, Justice will be done to two Authors who maintain so considerable a Rank in the Commonwealth of Letters.
The Applause Mr.
Spiller
receiv'd from his Friends and Companions upon the Account of the above-mention'd Epilogue, encourag'd him to try his Genius in several other Pieces of Poetry: And tho' Mr.
Christopher Bullock
in his above-printed Dedication of
The Woman's Revenge, Or, A Match in Newgate
, to him, was pleas'd to compliment him upon his being an Enemy to Reading, I have it in my Power to assert the contrary upon my own Knowledge, I my self having at his Desire, borrow'd
Byshe's
and
Gildon's Arts of Poetry
for his Assistance, from whence having learn't the Rules of Measure, and furnish'd his Head with as great a Competency of Jingles for the Ends of Verses, as most of our Squab-Poets about Town can make Boast of, he brought forth several very pretty Pieces, with which he frequently entertain'd his Friends in private, though his Modesty would not give him Leave to make them public, he once ventured so far as to re-translate the Third Ode of the Ninth Book of
Horace
, from an old Translation, which he bought for Two-pence in
Duck-Lane
, after the following manner.
While I was welcome here, and thee
Not any dearer Youth caress'd;
Methought not
Persia's
King could be
So with his whole
Seraglio
bless'd.
While you could feel no other Flame,
Nor
Lydia
next to
Cloe
love;
Your
Lydia
was a greater Name,
Than Mistress e'en of
Mars
or
Jove
.
I'm now the
Cretan Cloe's
Slave,
She sings and plays, Oh charming fine!
And would the Fates her Life but save,
I would not fear to lay down mine.
Me,
Calais, Ornith's
Son and Heir,
Does with a mutual Passion heat;
To die, and die again, I'd dare,
Would that redeem the Boy from Fate.
But say; should yet old Love revive,
And link us in a firmer Chain;
If charming
Cloe
out I drive,
And take cast
Lydia
in again.
Though
He
; a gentle Soul and civil,
Gay, generous, doting-fond, and true;
Thou
whimsical, thou testy Devil,
I e'en would live and die with you!
The writing these Verses was occasioned by a Quarrel and Reconciliation between him and one Mrs.
Stratford
, dwelling in
Wild-Street
, with whom, after his Separation from his Wife, he lived for some Time in great Intimacy. And here it may not be improper to give the
Reader
a Notion of Mr.
Spiller's
Taste of Beauty, by describing the Person and Perfections of this Lady, who had the Happiness to captivate his Heart. She was in Stature just rising to that Height where the Graceful can only begin to shew itself, of a lively Aspect; and a Command in her Mien, that like the principal Figure in the finest Paintings, first seizes, and longest delights the Eye of the Spectator. Her Voice was shrill, strong and piercing; her Pronunciation indeed a little too Voluble, and her Emphasis always placed with great Spirit in her Periods. She had one peculiar Happiness from Nature, she look'd, and maintain'd the Agreeable at a Time, when other fine Women only raise Admirers by their Understanding. 'Tis true she could not boast much of her
Paraphernalia
, her best Gown being a
Coventry Yard Wide
, a pretty deal the worse for wearing; but Mr.
Spiller
, while his Amour continued with her, did the utmost in his Power to see her dress'd according to her Condition, and, even when he was on the other Side of the Water, allow'd her
Fourteen Pence a Week
, and gave her
Three Shillings and Six-Pence at one Time, to buy her a Hoop at Rag-Fair
: And not long after this, upon
Valentine's
Day, he sent her, as she assured me herself, the following Copy of Verses, with a new flourish'd Apron.
To Mrs
D. S.
Health, Sense, and Virtue, Gifts Divine!
Still bless my lovely
Valentine
!
She, who would truly bright appear,
Must be as prudent as she's fair.
An unaffected Modesty,
Hath lasting Charms, which far outvie
The finest Shape, the sparkling'st Eye.
Beauty alone may Conquests gain,
'Tis Virtue must secure her Reign.
There are who each Perfection prize,
The Amorous
This
, and
That
the Wise.
But when we both united find,
The Body fair, and bright the Mind,
What Words can so much Worth unfold?
The Diamond is set in Gold!
Alike the Grave and Gay admire,
All burn, but with an hallow'd Fire.
In you, fair
Dinah
! with Delight,
I see those diff'rent Charms unite;
And thus, with Ribbons, Fans and Gloves,
Whilst others
Valentines
their Loves
Regale, the Tribute that I send,
Bespeaks the Lover and the Friend.
This flow'ry Linnen has Pretence
To grace thy blooming Innocence.
O! guard it safe! Let no rude Hand
Stray o'er, and soil this spotless Band?
Now, pure in it's own Snow, how fair,
How like yourself does it appear!
When once 'tis rumpled, stain'd and torn,
It may disgrace, but can't adorn.
Away the worthless Thing you'll throw,
Just as lewd
B
did you know who.
By the foregoing Verses, it may be imagin'd that Mr.
Spiller's
Passion for Mrs.
Stratford
was purely Platonick, by talking so much of her Virtue, and indeed, altho' she admitted Visits from him, she was cold to all Mankind besides, and rather than suffer another to share those Raptures which she preserv'd alone for him, or prostitute her self for Gain, she has condescended to several Employments much below the Dignity of one who sometimes lay by the Side of so great a Man; such as dealing, at one Season of the Year, in
Asparagus
, and at another in
Rumps, Burs
, and hot bak'd
Faggots
.
Now I am upon the Topick of Mr.
Spiller's
Amours, I cannot omit that which he carry'd on with Mrs.
D
the Duke of
R
s Mistress, which lasted for a considerable Time, but ended, at last, in a great Quarrel between them, and the utter Ruin of Mrs.
D
in the Duke's Favour, through Mr.
Spiller's
inadvertent Discovery of the Intrigue for a Joke; For being dress'd a little cleaner than ordinary, and the Duke happening to be behind the Scenes, could not help taking Notice of it.
"Yes,
(says
Jemmy
)
my Linnen is not only clean, but as fine as any of your Grace's.
"That's impossible,
reply'd the Duke, upon which the other shew'd his Grace the Coronet and his own Mark upon his Shirt, it being one Mrs.
D
had, that Day, lent him. The Duke, by this Circumstance being convinc'd of what he had some slight Suspicion of before, from that Night would never have any thing to say to her; so that the Lady lost a very good Keeper, and poor
Spiller
an Opportunity of appearing so spruce as she oftentimes made him. He thought himself so happy in her good Graces, 'till this Piece of Folly ruined him, that they often wish'd their Inclinations for each other might be as lasting as their Lives, as you may see by the following Verses he sent her a little before their Quarrel.
You say, my Dear, in the soft Hours of Love,
You wish our mutual Flames may constant prove,
Kind Heav'n, if from thy Heart those Wishes came,
Grant it to end but with our vital Flame.
Whatever Opinion the World may have of Mr.
Spiller
as a Poet, I am sure Nobody will refuse him the Praises due to a good-humour'd Fellow and a most facetious Companion. Mr.
Spiller
was not only esteem'd by the Managers of the House, as one on whom much of their Interest depended by all the Frequenters of that House, for the constant Diversion his humorous Behaviour on the Stage afforded them; but in private Conversation, by many of the smartest and prettiest Fellows about Town, who acquired that Character oftentimes by retailing his merry Conceits to their Companions: Nay, some Persons of the first Rank have not thought an Evening ill spent in so good Company: the late Duke of
Wharton
particularly took much Pleasure in passing some of those Hours he devoted to Mirth, in the Company of honest
Jemmy
; a Familiarity with a Man of such Quality is certainly to be look'd upon as a great Honour done to a Person of his low Station of Life, but it happen'd quite otherwise at a certain Time to poor
Spiller
, for his Grace having, one Evening, an unaccountable Frolick come into his Head of obliging every Man in Company to disrobe himself at ev'ry Health that was drank, of some Part of his Covering, first a Peruke, then a Coat, and afterwards a Waistcoat. Poor
Jemmy
, when they came to the last, made a Thousand Excuses, but all to no Purpose, for the Duke insisting upon having his Toast pledg'd in the same Manner he had drank it himself, he was forced to own that having
Mislaid
his Shirt he had forgot to put it on that Day, and so was expos'd in his
Buff
to the whole Company, which, you may imagine occasion'd not a little Laughter; therefore how much happier had it been for him to have contented himself that Evening, with the humble
Conundrums
of some of the Peers of his own House, who might have been in the same Condition with himself. But this cursed Ambition leads a Man into numberless Inconveniences.
Mr.
Spiller's
free and expensive Manner of Living still continuing, and not having the Convenience of his usual Sanctuary in Cases of Extremity, the
Mint
, that Place being put down by Act of Parliament, he became a Victim to the Resentment of his mercyless Creditors, and a wretched Property to Bailiffs and Spunging Houses, by whom, after they had drain'd his Pocket to the last Half Penny, he was ungenerously deliver'd up to Goal. But in this Place it was his peculiar good Fortune to experience, contrary to the usual Custom of those Places, a great Indulgence and Civility, upon the Account of the pleasant and facetious Temper which he preserv'd in those unhappy Circumstances; and particularly when he was thrown into the
Marshalsea
Prison, at a certain Time, at the Suit of several Persons, his jocose Conversation so won upon the Good-Nature of the Person who was then
Deputy-keeper
of the Goal, that he found a very sincere, generous and serviceable Friend in him ever after; not only assisting him at that Juncture, to make his Affairs easy with his Plaintiffs, and appear in the World again, but continuing the same good Office to him, whenever it was his Fate to come under his Hands as a Prisoner again. In short, by the Management and unwearied Industry of this Person, Mr.
Spiller's
Circumstances were, a few Months before the World was depriv'd of him, brought into so easy and comfortable a Situation, that he could not only, on a common Week Day, venture out of the Play-house, which was made a Sort of Garrison by those of his Brother Comedians who went under a small Suspicion of Debt, to pay his Friends a merry Visit or so, but even was able to give his Acquaintance the Enjoyment of his Company, whole Days and Nights together, without the least Apprehension of Danger, at the House of his above-mentioned Friend, who being of too generous and humane a Temper to continue in the Office of a Goaler, and live in Luxury by the Misfortunes of Wretches who were committed to his Custody, quitted that mercenary Employment, and took a publick victualling House near
Clare-Market
; where, His Sign, though seemingly well adapted for the
Place
, was judg'd too vulgar and unpolite to countenance the Resort of such Gentlemen of
Taste
and
Consequence
as Mr.
Spiller's
Mirth and influence invited thither, was, by the concurrent Desire of an elegant Company, who were assembled there over a Bowl of Arrack Punch, one Evening, (about Three Months before Mr.
Spiller's
Death) and by the generous Offer of Mr.
Legar
, who was one of the Company, and as excellent a Master in the Science of
Painting
as
Musick
, chang'd from the
Bull
and
Butcher
, to Mr.
Spiller's
Head; and drawn by the said Mr.
Legar
, gratis, in a Manner, and with a Pencil, that equal the proudest Performances of those who have acquired the greatest Wealth and Reputation in the
Art of
Painting
.
To prove that he was an exceeding good Punster, pray take the following Specimen of his Wit in that Way. It was at a Time when the Town gave but very little Encouragement to
Lincoln's-Inn-Theatre
, which forced the Master of the House to be a little behind-hand with his Actors. They being met as usual at Rehearsal on a
Saturday
Morning, with Hopes of receiving some Part of their Pay, young
Bullock
, who had always a strict Friendship with Mr.
Spiller
, after having been at the Office, comes upon the Stage again to his Friend, with a
sorrowful
Countenance,
Faith
, Jemmy,
there's no
Cole
, said he;
Cole
you must understand is a
Cant-Word
for Money.
Why
, then reply'd the other,
if there is no
Cole
,
we must burn
Wood
. You are likewise to remark here, that
Wood
was the Name of the Man who was to pay them.
Mr.
Spiller's
Wit was not the Effect of Wine; for he was the same over humble Porter; the same when he drank nothing; nay, like that arch
French
Wag
Scarron
, he would sport in the midst of Pain; for being one Night in great Torture with the Tooth-Ach, a Barber that was behind the Scenes, desired that he would let him draw his Tooth for him,
No
, said he,
I can't spare one now, Friend, but you may draw them all after the
10th
of
June
if you please, for I shall have no Occasion for them then
; meaning when the Company gave over playing, he should have nothing to eat.
Going one Day through
Rag-Fair
, he cheapen'd a
Leg of Mutton
, for which they ask'd him Two Shillings;
No
, says
Jemmy, I can't afford to give you Two Shillings for a
Second-Hand
Leg of Mutton, when I can buy a
New One
in
Clare-Market
for Half a Crown
.
A certain Officer of the Army, who was very much addicted to enlarge his Narratives beyond the Bounds of Truth, was, one Night, diverting the Company behind the Scenes with an Account of a
Pike
that he saw alive, which was above
Five Foot long. Pish
, replyed
Spiller, That's nothing, I myself have seen a
Half-Pike
six Foot long, that has not been worth Two-pence
.
When he lay ill of the Small-Pox some Years since, an Acquaintance coming to see him, and bewailing the Misfortune of his being at that Time Blind,
Oh
, said he,
I shan't be so long, for Puppies you know always see at the End of Nine Days
. Nay, but a few Days before he died, being carried up to lye in a Room on the same Floor with Mr.
Walker
at the Play-House, with whom he had had some little Dispute not long before,
You see
Tom, said he,
I have kept my Word; I told you I would be
even
with you before long
.
To mention all the numerous Circumstances that attended the Life of this valuable Member of our Common-Wealth, Mr.
Spiller
, is a Task which I am perswaded, his dearest Friends, and those who are most religiously tender and careful of his Memory, will excuse me from undertaking. Let it suffice, that during the Run of the
Beggar's Opera
, which was the longest that any Dramatick Piece that ever yet appeared upon the
British
Stage met with, he made his last important Figure as a
Comedian
, in the Character of
Matt
of the
Mint
, which seems to be the next in Rank to that of
Macheath
, and
outdid his usual Outdoings
to such a Degree, that whenever he sung the following AIRS, which I shall take the Liberty to transcribe, he executed his Part with so truly sweet and harmonious a Tone, and in so judicious and ravishing a Manner, that the Audience could not avoid putting his Modesty to the Blush, by repeated Clamours of
Encore, Encore
.
ACT II. SCENE I.
Matt
of the
Mint
at a
Tavern
near
Newgate,
in Company with the rest of his Gang.
AIR XIX.
Fill ev'ry Glass, for Wine inspires us,
And fires us
With Courage, Love and Joy.
Women and Wine should Life employ:
Is there ought else on Earth desirous?
AIR XX. In the same SCENE.
Let us take the Road;
Hark, I hear the Sound of Coaches?
The Hour of Attack approaches,
To your Arms, brave Boys, and load.
See the Ball I hold,
Let the Chymists toil like Asses,
Our Fire their Fire surpasses,
And turns all our Lead to Gold.
I am not insensible that those Persons are not wanting, who either wantonly or maliciously report that Mr.
Spiller's
doing so much Justice to this his Part of
Matt
of the
Mint
is to be attributed to the Fondness he frequently shew'd of resorting, in Company with his Brother
Pinkethman
, and other Comedians of the same Note for a polite Taste, to the
Taphouses
, or
Lodges
of most of the Goals in
London
, and the particular Esteem which he always express'd for the instructive and elegant Conversation of Mrs
Spurling
, whose inspiring Liquors have encourag'd such Numbers of
Newgate
Heroes, to laugh both at the Laws of their Country, and the
Ordinary's
pious Exhortations at the
Gallows
.
But as I am ambitious only how to render this my Account of his Life worthy the Perusal of the sedate, virtuous and well-meaning Part of my Countrymen, I shall not descend to sacrifice the Character of my
Hero
, by giving into any such foolish or disingenuous Suggestions, but conclude that he always thought himself bound in Honour, to do every Author who brought a Play upon the Stage, and obliged him with a Part in it, the strictest Justice imaginable, and upon that Principle only, prevail'd upon himself to enter into this particular Part with so much Sprightliness and Vigour, in Defiance of our common
Laws, Decency
, or
Chranty
, to all which he, at other Times, profess'd the most zealous Submission and Adherence.
This was the last Part, as I observ'd before, in which he appear'd on the
British
Theatre, truly like a Comedian, and like Mr.
Spiller
; not that he did not act in several other Parts besides, in the same Season, but that the Master of the House, biggotted to a Performance by which he had got so much Money, was loath to take off the good Impression which it had made on the Town, and therefore thought proper to represent no other Plays, during the Intermission of its Run, than such, as by frequent Use, were grown stale, and uncapable of recovering the Taste and Senses of the People, and in which Mr.
Spiller
could not appear with his usual Advantage.
Let me desire the
Reader
now (having gone through all the material Circumstances of his Life, which I was acquainted with, either by my own particular Knowledge, or the Information of those who were most intimate with him, with the greatest Impartiality) to view him in his last melancholly Scene, (melancholly Retrospection indeed, to all the Friends of Wit, Humour, and good Acting!) His Departure from the
Stage
, not only of
Lincoln'sInn-Fields
Theatre, but of Life itself.
Being always ready to discharge his Duty to the Play-House, in whatever Manner he should be appointed, on the 31st Day of
January
, when His Royal Highness the Prince of
Wales
had commanded a Play to be acted, to which the Entertainment of
Pluto
and
Proserpine
was to be added, and in which he was to perform a very important Part, he would by no Means, notwithstanding he found himself out of Order, give an Interruption to the Business of the House, by publishing his Illness, but ventur'd on the Stage, where, in the Midst of the Part he was to perform, he was seized with a Sort of an Apoplectick Fit, and carried off the Stage, to have the Assistance of a Surgeon, who, notwithstanding he us'd all his Art, could not give a longer Respite to his Life, than till the 7th Day of
February
, when he expired in the very same Room which occasioned that
Pun
before-mention'd, which he made to Mr.
Walker
.
Having thus done Justice, I hope to the Memory of my deceased Friend, I shall only add, that he was buried at the Expence of Mr.
Rich
, the Master of the Theatre, by Mr.
Hawkins
, an Undertaker, living in St.
Clement's
Parish, in the Church-Yard belonging to the said Parish, three Days after his Death, in a very decent Manner, in the 37th Year of his Age, and that the following Epitaph was dedicated to his Memory by a Butcher of
Clare-Market
, who had frequently partaken the Pleasure of his most agreeable Company, at the House which was honour'd with his
Sign
.
An EPITAPH on Mr.
James Spiller.
Written by a
Butcher
of
Clare-Market.
DOWN with your
Marrow-Bones
and
Cleavers
all,
And on your
Marrow-Bones
, ye Butchers fall;
For
Prayers
from you, who never
pray'd
before,
Perhaps, poor
Jemmy
may to Life restore.
What have we done? the wretched
Bailiffs
cry,
The only Man by whom
we liv'd
, should die!
Enrag'd they gnaw their
Wax
, and tear their
Writs
While Butcher's Wives fall in
Hysterick
Fits.
For, sure as their alive, poor
Spiller's
dead!
But, Thanks to
Jack Legar
, we've got his Head.
Down with your
Ready Cole
, ye
Jovial Tribe
,
And for a Metzotinto Cut subscribe.
The
Markets
traverse, and surround the
Mint
,
It shall go hard, but
He
shall be in
Print
.
For
He was an inoffensive,
merry Fellow
,
When
Sober
, hipp'd, blith as a Bird, when
mellow
.
FINIS.
THE HISTORY OF THE
Life
and
Actions
OF
GUSTAVUS VASA
,
Deliverer
of his
Country
.
Recommended to the
Spectators
of a
Tragedy
on that Subject, now in Rehearsal at the
Theatre-Royal
in
Drury-Lane. Extracted from the best HISTORIANS
.
LONDON
: Printed for
J. Roberts
in
Warwick-Lane
. 1739. Price Sixpence.
THE HISTORY OF THE
Life
and
Actions
OF
GUSTAVUS VASA,
Deliverer
of his
Country
.
UNderstanding a
Play
call'd
Gustavus Vasa
, was preparing for the Publick, I had the Curiosity to attend a Friend of the Author's to the Rehearsal at the
Theatre-Royal
in
DruryLane
: But as Praise often raises to Adulation, I was in some Fear (like a Lover's warm Description of the Charms of his Mistress) it would fall short to one prepared for the strictest Examination: I went, not in the least prejudiced in its Favour, but was
extremely
surprised to find my self so agreeably Disappointed.
There is not only what the Actors call Business in it, but a Nobleness of Stile and Thoughts, that has in my Opinion rank'd it in the Class of the best
Tragick Authors
.
I therefore went Home, full of the noble Ideas the Piece had stamp'd on my Mind, and form'd a Resolution of extracting from the
Best Historians
, the
Life
and
History
of this
Northern Hero, GUSTAVUS VASA
.
THE
Kingdom
of
Sweden
, which contains a great Part of the old
Scandinavia
, is one of the most powerful
Kingdoms
in the
North
, for many Ages united to the Crown of
Denmark
. The Air is very cold, tho' far more fertil than any of the other
Northern Kingdoms
. It equals
France
and
Spain
in its Extent. Their chief Export is
Malt, Barley, Brass, Lead, Steel, Iron, Buck
and
Great Hides, Black Cattle
, Variety of
Rich Furs, Tar, Honey, Oaks
and
Deals
, and the
finest Copper
in the
World
. The Inhabitants, healthful and strong, (the Women more prolifick than any of its bordering Nations) and so industrious, that there is seldom a Beggar seen among them. This Kingdom was converted to Christianity in the Year 816, by
Ansgarus
Bishop of
Bremen
(a City of the
Lower-Saxony
.)
Norway
and
Lapland
bound its
North, Russia
and
Moscovy
the
East
; the
South
by the
Baltick Sea
, and the
West, Denmark
. This
Kingdom
was the Country of the
Goths
, who made a
Breach
in the
Roman Empire
, the
fourth Century
, to let in most of the
Northerns
that
now
inhabit it. The
Swedes
are well made, and are Warriors from their Infancy; they are patient in Hunger and Want, having more
Courage
than
Industry
, taking more Pleasure and Delight to polish their Arms, than improve their Commerce; leaving to their Women the Cares of the Houshold. It extends from
South
to
North
, to the 55th Degree of
Latitude
to the 70th, and consequently must feel the Cold in its utmost Rigour. The Winter Season reigns near nine Months of the Year; and in their three Summer Months their
Tillage
, their
Harvest
, their
Fruit
and
Vegetables
come to their Perfection. But in the nine Winter Months, Providence has been kind to them, by allowing them a serene Sky and a pure Air; and the light of the Moon, which is very seldom obscur'd, makes it almost as commodious in Travelling by
Night
, as by
Day
.
Sweden
was an
Elective Kingdom
till the
fourteenth Century
, and by that Right, the
Swedes
, often
depos'd
their Monarchs when they had the least view of infringing their Liberties.
The
King
could neither raise
Money
, declare
Peace
or
War
, without the
Consent
of the Senate, nor
build
any
Fortifications
. The Representatives of the
Kingdom
were the
Nobility
, the
Bishops
, and
Deputies
of
Towns
, nay even the
Peasants
were at last
incorporated
into that
Assembly
.
About the Year 1692, this
warlike Nation
that had conquered
Rome
above
thirteen Centuries
past, was
subdu'd
and brought under
Subjection
by a
Woman, Margaret
Queen of
Denmark
and
Norway
: But after the Death of that heroick Queen,
Sweden
often felt the Shocks of
Civil Wars
, alternately shook off the
Danish Yoke
, and submitted to it, was sometimes
govern'd
by
Kings
, and somtimes by
Administrators
.
About the Year 1520, this
Kingdom
was oppress'd by two terrible
Tyrants, Christiern
, the Second
King
of
Denmark
, a Monster in Nature, cloath'd in every Vice, and
Trollio, Archbishop
of
Upsal
was
formerly
the
Capital
of
Sweden
, in the Province of
Upland
, constituted an
Archbishop's See
by
Eugenius
the
Third Pope
of
Rome
. It is seated on the River
Sala
. It was for many Ages the
Seat
of their
Kings
, and from its former Regard the Kings receive their Regalities there, and are crown'd by the
Archbishop
of that Place; 'tis also an
University
.
Upsal
. These two wellmatch'd Tyrants agreed to seize in one Day at
Stockholm
. The now
Capital
of all
Sweden
, (and has been so two Centuries and upward) is a large, noble City (tho' formerly a poor Place) Seated upon the Bottom of the Lake
Meler
, that falls into the Sea near this
City
: It is almost surrounded by Rocks, and strongly fortified, its Situation is something like that of
Venice
, upon
six Islands
join'd to each other by six wooden Bridges, with two large
Suburbs
, one to the
North
, and the other to the
South
. In their
Cathedral
are deposited two of their Kings (the rest being interr'd at
Upsal
.) Its Castle is large but not strong, and the
Harbour
one of the safest in the
North
, for once enter'd, you are intirely land-lock'd, and defended by the circumjacent Rocks, from all Gust, or Flaws of Wind.
Stockholm
, the
Magistrates
, the
Consuls
, and ninety four
Senators
, who all suffer'd Death, under Pretence that they were excommunicated by the
Pope
, for defending the Rights of the
State
against the
Archbishop
, whilst these two Tyrants were employed in the utmost Exercise of arbitrary Power.
Gustavus Vasa
, (the Subject of our
noble Drama
) was lineally descended from their famous King
Canutson
, he was one of those extraordinary Genius's, who are so rarely form'd by Nature, to govern Mankind; his Person was amiable, his Air majestick, his Eloquence, which receiv'd an additional Force from the agreeableness of his manner, was the more persuasive, as it was less artful. His enterprizing Genius form'd such noble Designs, as might appear rash to vulgar Souls, he was intrepid with Prudence, calm in an Age of Cruelty and Horror, and as virtuous, as the most guiltless.
The first Appearance of this great Hero, was under
Steno
, the Administrator (so the Chief was called.) His force of Eloquence, and Reason, insensibly crept into the Heart of
Steno
; by
Gustavus's
persuasion, he arm'd the Peasants with Fire-arms, who before that time us'd no Instruments of War, but Bows and Arrows. The first Proof of his invincible Courage, was at the Battle of
Wedel
a strong, but small Fortification in
Sweden
, facing the
Baltick
.
Wedel
, against
Christiern's
Army. He was the first that broke their Ranks at the Head of
Steno's
Horse, and to his visible Courage and Conduct the Victory was owing. Most of the
Danes
were cut to Pieces, and the remaining few made a disorderly retreat to their Vessel, not thinking themselves secure till their safe arrival in
Denmark
.
After this Success,
Gustavus
led his victorious Troops to beleaguer
Steque
, a strong
Castle
in the
Province of Upsal
.
Steque
, where the Archbishop was fortify'd. The
Troops
commanded by
Gustavus
, under the
King
, carry'd their Works to the
Foot
of the
Wall
, but the furious
Priest
defended the Place with the greatest Vigour, contrary to the opinion of the
Garrison
, who call'd for a
Surrender
, well knowing if they were taken by Storm, they wou'd be treated as
Rebels
, and
Traitors
to their
Country
.
The
Archbishop
, finding no Persuasions wou'd prevail on the
Garrison
to defend the Place, desir'd to treat with the
Administrator
at his Tent, demanding
Gustavus
shou'd enter the
Castle
as
Hostage
, which was comply'd with, but fearing the
Administrator
wou'd treat him as a
Rebel
, he left order with some of his
Adherents
, to hang up
Gustavus
over the Battlements of the
Castle
, if they saw he was detain'd as Prisoner: But
Steno
declaring he wou'd leave his
Trial
to the
Senate
, (the Priest imagin'd he had Friends enough to vote him not Guilty) the
Castle
was surrender'd, and he went on his Journey to
Stockholm
, with such a proud
State
and
Equipage
, as if he had triumph'd over the Enemies of his Country, imagining the dread of
Christiern
wou'd prevent even his
Trial
; but he was much deceiv'd, for on his arrival, the
Senate
proceeded to his Trial with the utmost Vigour, and he was condemn'd to retire from the World, to lead a private Life, first forfeiting all his Dignities.
In the Month of
May
(1518)
Christiern
prepar'd for another Invasion of
Sweden
, and in
June
besieg'd
Stockholm
, but the
Garrison
and
Inhabitants
having an intire hatred for the
Danes
, resolv'd to defend it to the last Man. Every Foot of Ground the Besiegers gained, cost 'em the Lives of Hundreds.
The
Administrator
, having assembled and disciplin'd his Troops, proceeded with long Marches, to attack the
Army
of the King of
Denmark
, who fearing, between the
Army
and the
City
, he shou'd be overpower'd, rais'd the Siege
precipitantly
, and march'd towards his Ships, but
Gustavus
with the
Swedish Horse
, fell like Thunder on their Rear, kill'd the third part of the Besiegers, pressing many into the Sea, who perished there; made above three hundred of their Officers Prisoners, who oppos'd
him
to give their
King
time to escape: Yet this fatal Retreat, was not the last of their Misfortunes, the very Winds prov'd their Enemies, blowing full three Months against 'em, which prevented their sailing to
Denmark
, and their Provisions falling short, they were forc'd thro' Necessity to land in
Troops
for
Subsistance
. But their
Guardian Angel Gustavus
, watching for the
good
of
Sweden
, was ever among those that landed, and reliev'd the Wants of many of the
Danes
, by Death with his Sword, who flew before him like fearful Pigeons from the Hawk.
Christiern
being drove to the utmost Necessity sought for a Truce, and beg'd for an Interview with the
Administrator
, on board his Fleet, but the
Senate
wou'd not agree to it, well knowing the Dissimulation of the
King
of
Denmark
, who, indeed intended, if he had prevailed on him to come on Board to have made him Prisoner.
Failing in this, he thought of
another
Stratagem: he imagin'd if he cou'd get
Gustavus
, and some other young Lords into his Custody, it wou'd prevail upon
Steno
, to come to any Terms, or if he refus'd, wou'd at least cause Disturbances and Factions among the Friends of these Noblemen, and draw him to his Ends that way. He therefore agreed to meet
Steno
, and the
Senate
in
Stockholm
, upon Condition,
Gustavus
, and six young Lords that he wou'd name, shou'd remain on Board his Ship as Hostages.
Gustavus
, and the young Lords that were chose by the
Danish King
, cheerfully comply'd; when they came to the Shore-side, the
Admiral
of the
Danes
, attended by several Officers, landed to salute 'em, while they were in Conference, the Hostages were surrounded with Soldiers disguis'd like Mariners. In the mean time, the King of
Denmark
descending to his Boat, in order to come on Shore, the Admiral invited
Gustavus
and the rest on board his Boat, to meet his
Master
, and salute him.
Gustavus
, tho' too late, perceiv'd the Treachery against the Law of Nations, yet went with his Companions cheerfully into the Admiral's Boat, well knowing Resistance wou'd be vain. When they came on Board, they were brought before the King, who order'd them to be disarm'd, and sent a Message to
Steno
, who declar'd in his Master's Name, their Heads shou'd be struck off, unless the
Archbishop
was restor'd to his former Dignities,
&c. Steno
, and the
Swedes
were so incens'd at this Indignity and Treachery that they hurry'd on Board their small Vessels with their Arms, either to recover their Hostages, or die in the Attempt. But
Christiern
, with the help of fair Wind, that rose that Morning, was sail'd for
Denmark
, and the generous
Swedes
were oblig'd to return regretting with Tears the loss of
Gustavus
and his Companions.
The
Danish King
left no means unattempted to corrupt the Fidelity of
Gustavus
and his
Companions
, but in vain. Their Resolution and Constancy had almost cost 'em their Lives, for dreading the Courage and Indignation of
Gustavus
, if he shou'd be releas'd, gave secret Orders to put
him
and the other
Lords
to Death. But the
Dane
who receiv'd that Order, abhorring so barbarous a Proceeding, or fearing, perhaps, the Law of
Retaliation
if by the Chance of War he shou'd fall into the Hands of the
Swedes
, took the liberty to tell his Master, that the Death of those illustrious Captives, wou'd be prejudicial to his Interest, but by detaining 'em Prisoners, he might keep their
Relations
in
awe
. These Considerations made so great an Impression on the
Tyrant
, that he contented himself with their Imprisonment in the Castle of
Copenhagen
is the Principal City of
Denmark
, in the
Isle
of
Zeeland
, great and well fortified; it is built upon a Plain near the Sea where is form'd a safe large and noble Harbour, commanded by a very strong Castle, over against
Schonen
(a
Province
in
Sweden
) on the
Baltick
.
Copenhagen
, where they were so cruelly us'd by his Order, that some of 'em expir'd under their Torments.
But
Eric Banner
one the
Lords
of
Denmark
, and a near Relation to
Gustavus
, who admir'd his Virtues, fearing his Life, won so much upon
Christiern
(by insinuating he did not doubt but he shou'd work him to his Interest) that he gave him to his Protection, on Condition if he made his Escape, he should pay for his Ransom six thousand Crowns of Gold (in those Times a great Sum.) The
noble Banner
did not think any Condition too hard to save his illustrious Kinsman. But notwithstanding the generous Treatment from him,
Gustavus
consider'd he was still a Slave, and cou'd not bear the Thoughts of being absent from the approaching War.
Christiern
breath'd nothing but Destruction against
Sweden
, but his Coffers being low, he seiz'd a Million of
Florins
that the
Legate Arumboldi
, had gather ed from the
Sale
of
Indulgencies
in
Sweden
, and
Denmark
, with the pretext, that the
Legate
held Correspondence with his Enemies in
Sweden
.
With this
holy Mony
, and much more drain'd from his unconsenting Subjects, he levy'd Men at home, and foreign Auxiliaries, with these he once more invaded
Sweden
with Fire and Sword, and other ungrateful attendances of War, under the conduct of
Otho Crumpein
, a valiant and experienc'd General. But we shall leave him to his Successes, and follow the illustrious
Gustavus Vasa
, or,
the Deliverer of his Country
that gives
Title
to our
Play
.
Gustavus
was terribly alarm'd at the
Ruin
of his Country, (that had surrender'd to the King of
Denmark
, thro' the Success of his Arms under the conduct of victorious
Otho
, with the Death of
Steno
, (the
Administrator
, who lost his Life in a Battle with
Otho
.) His Restraint became insupportable to him: The passionate Love to his dear Country made him forget the affable Kindness of his generous Host, therefore he resolv'd upon his Escape, and in the
Month
of
December
(1519) under the pretence of Hunting (as he often did) he went out of the Castle where he was never confin'd, and in the Habit of a Peasant arriv'd in two Days, (thro' Woods and the most secret Byways) at
Flensburgh
,
Flensburgh
, a
City
in
Denmark
on the
Baltick
Sea, in the
Dukedom
of
Sleswick
, it is a small, but strong City, built on very high Hills, with a safe and large Haven, defended by a strong Castle.
at that Place he hir'd himself as a Driver of Oxen, by which Device, he got clear of the
Danish Dominions
, and arriv'd safe at
Lubeck
, a great and opulent City of the
Lower Saxony
, in the
Dukedom
of
Holstein
. It is one of the Principal
Hans Towns
, about three Miles from the
Baltick
, upon the
River Trave
. In
this City
the Peace was concluded between the
Emperor
, and
King
of
Denmark
in the Year (1629).
Lubeck
. But all his Precaution cou'd not hide him from the searching Eyes of
Banner
, who found him at
Lubeck
. But
Gustavus
by his Eloquence convinc'd
Banner
that his seeming Ingratitude, was fatal Necessity, dismis sed him with Promises of a grateful Memory for his noble Treatment.
Gustavus
thro' many Difficulties, set his Foot once more on his dear native Country, full of civil Wounds, and with her loss of Liberty almost expiring. He discover'd himself to the
Governor
of
Calmar
, a strong City of
Sweden
upon the
Baltick
. It is the Port where the
Swedes
generally take Shipping for
Germany
. The
Citadel
is accounted the strongest in all
Sweden
. It stands overagainst the
Isle
of
Ocland
, (an Island in the
Baltick
belonging to
Sweden
, the Straits between this
Island
and
Calmar
, is call'd
Calmar sund
.) This City was taken, and all the Garrison, and Inhabitants put to the Sword by
Christian
the fourth
King
of
Denmark
in 1611, all but those who retir'd into the Citadel; but return'd to the Great
Gustavus Adolphus
by
Treaty
in (1613).
Calmar
, a
German
Garrison that held out for the
Swedes
, but his usual Eloquence was not heard by those
mercenary
Men, but they threaten'd to deliver him up to the
King
of
Denmark
, if they once admitted him within their Walls. Unprospering here, he was filled with
Trouble
and
Vexation
, and being inform'd there were several
Parties
of the
Danes
in quest of him, and dread of falling into the Hands of the relentless
Christiern
, he was oblig'd to conceal himself in a Cart loaded with Straw, and by that means was carry'd thro' the
Danish Camp
in safety to
Sudermania
, a
City
and
Castle
that gives Name to the Province. Bounded on the
North
by
Westmannia
, and
Upsal
, two Provinces of
Sweden
, and on the
South
by the
Baltick
. It gives the
Title
of
Duke
to the Royal Family of
Sweden
. It is call'd by the Natives
Sodermanland
.
original footnote anchor is missing
Sudermania
, a Castle belonging to his Father,
Eric Vasa
. From that Place, he sent Circular Letters to his Friends, intreating 'em to summon their Vassals, and Followers, to have one more Struggle for their Lives, and (what was more precious to him,) their Liberties. But was discourag'd in the Attempt even by his
own
Relations.
This giving up their Liberty, fill'd his Mind with
Disdain, Contempt
, and
Rage
, therefore he apply'd himself to the hardy
Peasants
, but he found with un consolable Regret, that even these that were so tenacious of their Liberty, gave over all thoughts on that Subject.
He then form'd a Resolution at all Hazards, to get within the Walls of
Stockholm
, whose Garrison held out that City for the Widow of their diseas'd Administrator the brave
Steno
. He travell'd mostly by Night, but the
Danes
having notice of his Journey, pursu'd him so close, that they came to the Place he had left an Hour before: Finding his Designs impracticable, he return'd by another Road, and took Shelter in a
Convent
of
Carthusians
, founded by his
Ancestors
; but the lazy Monks, fat'ning in Ease and Plenty, turn'd him out He then took Sanctuary with a Peasant formerly his Father's Servant. From thence, he once more by Letters to several of the Nobility, endeavour'd to rouze their sleeping Courage, and wake in their Souls the love of Liberty, but the Terror of the
Danes
kept 'em in awe. What had the Heroick
Gustavus
to do now, but patently to wait in Obscurity some
happy
Revolution.
The
Danish King
enter'd
Sweden
in the Spring (1525) confirm'd the Treaty of
Upsal
, and by Bribery prevail'd on the Governor of
Calmar
to surrender that important Place. Also sent to
Steno's
illustrious Widow, then residing at
Stockholm
, to surrender that City, but she return'd him his Heroic Answer, That she wou'd sooner suffer Death than surrender to the
Enemy
of her
Country
.
This Answer fix'd
Christiern's
Resolution of beleaguering that City. But the
Garrison
animated by her Presence, made a noble Defence: Yet Necessity began to appear with all its frightful Appendages, and that great Princess was at last oblig'd to accept of the Terms, tho' not altogether disadvantageous to her.
King Christiern
, about this time surrender'd his Heart to the Charms of a Woman neither young nor handsome, but had so much cunning and wit to manage him, that she might be well call'd his chief Minister of State, disposing of
Places
and
Offices
as she pleas'd, to the
Scandal
of the
King
, and
hurt
of his
Subjects
; and by the Advice of
her
, and the
Archbishop of Upsal
, was brought on that horrid Massacre of the
Bishops
, the
Senators
, and most of the
Nobility
: But we will forget such an human Barbarity, and go in pursuit of our Illustrious Hero
Gustavus
.
Gustavus
from his Secret Retreat, look'd round to seek for what he wish'd, and being inform'd of the Massacre, had hopes the
Subject
wou'd not long
bear
with such an inhuman Monster.
Christiern
had
proscrib'd
him, with a large Reward, therefore he did not think himself safe surrounded by
Danes
; besides the Loss of most of those
Friends
by the
Massacre
of the barbarous
King
of
Denmark
, his Father being one, gave him inexpressible Sorrow. Therefore he resolv'd to retire to the almost inaccessible Mountains of
Dalecarlia
, a great
Province
in the
Kingdom
of
Sweden
near the Mountains of
Savona
, and
Norway
, which bound it on the
West
, on the
North, Helsinga; Gestricia
on the
East
, and
Verlemandia
on the
South
, a large Country, but it has not either a good City or Town, only Villages or Hamlets. This
Province
takes its Name from the
River
that runs through the Country, and is call'd
Dalecarle
, which is one of the largest Streams in the whole Kingdom of
Sweden
. This
Province
being so far from the
Capital
of
Sweden
, was
governed
by the Head of the
Peasants
, whose Habitations were chiefly on the Banks of the River
Dalecarle
, or the Skirts of their large
Forests, Lakes
, or other
Streams
that empty'd themselves into the River
Dalecarle
. The Elders of each Village were
Captains
, or
Judges
&c..
Dalecarlia
.
Thus
shrouded Excellence in the Disguise of a
Peasant
, pursu'd his uncomfortable Journey to these dreary Dwellings, attended only with a Guide that knew the Course of the Country, where meeting with many Difficulties, he arriv'd safe at that part of those Mountains, call'd by the Inhabitants
Daalfield
, a simple Village in
Dalecarlia
, bordering on the
Copper Mines
.
From this Place, our Author of the Play begins his Scene
.
The Inhabitants of these
Mines
, and
Mountains
, set so high a Value on their Liberty, that no
King
, or
Substitute
, ever enter'd their Country without giving
Pledges
to the
People
to maintain their Rights and Privileges; even the Tribute they paid in Token of Allegiance, was a
small Number
of
Furs
. He was no sooner enter'd this
mountainous Country
, but his treacherous Guide forsook him and at the same time
robbed
him of what little Money he had. This brought our
Hero
to such
Distress
, that Necessity obliged him to enter as a Servant in the
Copper Mines
, where he earn'd his
Subsistence
by the
Sweat
of his
Brows
. But notwithstanding his Care to conceal himself, he was found out by a
Woman
of the
Village
where he lodg'd, by observing a silk Robe embroidered with Gold, in his Apartment where he lay. Women can't keep Secrets, therefore this News came to the
Chief
of the
Village
: This
Chief
had been with
Gustavus
in his Youth, at the
University
of
Upsal
, therefore as soon as he saw him, he knew him for
Gustavus
. He offer'd him the Accommodation of his House, which our
Hero
accepted of, in the Hope he had of prevailing with him to assert his Country's Cause. This
Chief's
Discourse often tended that Way, but when
Gustavus
declared himself, he was sunk into base
Fears
and
Tremblings
. The
Illustrious Wanderer
, finding his Expectations
frustrated
, left the
timorous Chief
, and journeying alone thro' the pathless Woods, arriv'd at the Residence of
Peterson
, a
Gentleman
he was acquainted with in the Army.
This brave Spirit in appearance soon was rouz'd by the Eloquence of his noble Guest, but his base Intention was to make his Court to the King of
Denmark
, by betraying the Laws of Hospitality in surrendring his
Illustrious Guest
. He gave notice to one of the
Danish
Officers, who surrounded the House, but
Gustavus
, the Night before (by the means of the Traitor's Wife, inspir'd with Pity) made his Escape, where by her Directions, he arriv'd at a
Curate's
House, who was a sincere
Lover
of his
Country
, he conceal'd
Gustavus
in his
Church
unknown to any one Person, for fear of a Discovery.
This generous Curate, advis'd him once more to apply to the
Peasants
, at their
Christmas
Meeting, where the neighbouring
Villagers
assembled to examine their
martial Power
. He met the
Peasants
on the Day appointed (dress'd according to his Quality) who had Notice of his Visit. When he appear'd, his noble Air, and usual Eloquence penetrated the Hearts of these
valiant Rusticks
in his Behalf, who resolv'd to revenge the
Death
of their
Nobles
and
Senate
.
Our
Hero
took 'em while their Souls were warm, and led them by secret Paths in the Night to the
Castle
of the
Province
which they took by
Scalade
, and in their first Fury, put the
Garrison
to the
Sword
, all but the
Governor
, whom
Gustavus
saved with much Difficulty. The Sucess of this
Enterprize
gave the
Dalecarlians
great Opinion of their
Leader
, and in a few Days most of the
Peasants
of the
Province
listed under his Banner.
Several
Swedish Gentlemen
of Note, who were
outlaw'd
by
Christiern
, repair'd to him as a Sanctuary, and serv'd as Officers under him, to
Discipline
his rude
Troops
. The
Provinces
of
Helsingland
, a
Province
of
Sweden
, between
Dalecarle
to the
West
, and
Baltick
to the
East
.
Helsingland
,
Medelpadia
, another
Province
of
Sweden
, it is bounded by
Helsingland
on the
South, Jempsland
to the
North
, the
Baltick
Sea on the
East
, and
Dalecarle
on the
West
.
Medelpadia
,
Angermania
another
Province
in
Sweden
, between
Medelpadia
and
Helsingland
.
Angermania
,
Gestricia
, by the Inhabitants called
Gestrick
, near the
Bothner
Sea to the
East
, the
North
by
Helsingland, Dalecarlia
on the
West
, and
Uplandia
on the
South
, famous for little but its
Iron Mines
.
Gestricia
, and
Bothnia
, another
Swedish
Province, on the Borders of
Lapland
. It gives Name to the
Bothnian
Sea.
Bothnia
revolted from the
Danes
and hail'd
Gustavus
as their
Lord
.
The News of this
Revolt
surpriz'd the
Viceroy
of
Sweden
, who was ill prepar'd for the Field. He acquainted the
King
of
Denmark
with this disagreeable News, and in the mean time summon'd his Army, to oppose this unlook'd for Torrent.
Christiern
the King of
Denmark
, began to be more tyrannous, if possible, than ever, exercising his Cruelty upon his own Subjects, and not being able to send Succours over to
Sweden
, he writ to his
Viceroy
to bring the Rebels as he call'd them to Reason. Threatning
Gustavus
at the same time, the Blood of his
Mother
and
Sisters
should be shed with the most exquisite Torments, if he did not abandon the Interest of
Sweden
.
But
Gustavus
, despising his Threats, march'd on with his victorious Army, now increas'd to fifteen thousand Men, all resolv'd from the Ardour of their General to
conquer
, or
die
.
The
Viceroy
advanc'd to the River
Brunebec
to oppose the Passage of
Gustavus
, but as soon as the Avenger of his Country appear'd on the other Side at the Head of his Horse, he abandon'd his Post, and took to a shameful Flight, leaving Part of his Army to garrison
Westeras
, the Capital City of the Province
Westmania
; this Province has
Upland
to the
East, Gestricia
to the
North, Sudermania
to the
South
, and
Nericia
to the
West
.
Westeras
, but did not think himself safe till begirt with the Walls of
Stockholm
.
Gustavus
lost no Time, but pass'd the River and march'd to the
Siege
of
Westeras
. He intrench'd himself near the Chapel of
Stolaus
with three thousand Foot only (having sent his Horse, and the remaining Part of his Foot, in order to execute a Stratagem) with all the Care and Diligence of a General that fears being attack'd, which the
Danes
perceiving, and observing the Smallness of their Number,
sally'd
and charg'd him with their Horse.
Gustavus
pretending to fly, he drew the pursuing
Danes
, into the Trap that was set for 'em. In short, the
Danes
were routed, and the City taken, by the
Conduct
, and
Valour
of the
invincible Gustavus
. But all had like to have been lost, by the Drunkenness of the
Dalecarlians
, who in plundering the City, found large quantities of Wine and Brandy, their beloved Liquors, that they were almost all bury'd in Drunkenness.
The Captain of the
Citadel
perceiving their Disorder, sally'd upon 'em, putting great Numbers to the Sword, and the
City
wou'd have been certainly
retaken
, had not the valorous
Gustavus
, with a few Officers barricaded a Street, while the drunken Soldiers were forced from the Cellars to oppose the Enemy, that fought boldly to
regain
the City.
The taking of
Westeras
seem'd to open the
Gate
to let in a
total Revolution. Seventy Swedish
Officers at one time came over to
Gustavus
, several Noblemen, among these was
Aruide
, a powerful Lord of
footnote anchor (17) here, but the footnote itself is missing
Westgothland
. In short, the Eyes of all
Sweden
seem'd to look upon
Gustavus
as their Deliverer.
When he had block'd up the
Citadel
of
Westeras
, that the
Garrison
might not receive any Succours, he divided his Forces in three Bands, and sent 'em on several Expeditions, and by this means harrass'd the
Danish Troops
, who were oblig'd in the same manner to divide also.
Gustavus
being inform'd, there was an Assembly of
new
Troops ready for his Command at
Upsal
, he immediately appear'd to head 'em. From that City, he sent an
Envoy
to the
Consul
of
Lubeck
, (who favour'd his Escape to
Sweden
) wherein his Letters gave a full account of his Success. These
Mercantile
Men were so wavering, that
Gustavus's Envoy
cou'd not fix 'em in any Point. But his Success with
Stephen de Sassi
, an old experienc'd
German Colonel
, a brave Soldier of Fortune, (who, for a Sum of Money down, and a promise of another certain, to land in
Sweden
with 1200 hardy Veterans the next
August
1520) answer'd for the other failing Negotiation.
Trolio
the artful
Bishop
was the most formidable Enemy
Gustavus
had, thro' his numerous Relations, and Adherents in Posts and Power by his means. Therefore
Gustavus
sent two Religious of his Party to persuade him (if possible) with large Promises to join in his Interest. But the haughty Priest contemn'd all Offers, and sent the two Canons in order to suffer Death at
Stockholm
, but by their Art, and giving an account of the Affairs of
Gustavus
they escap'd.
Trolio
being inform'd by the two Priests that the
Dalecarlians
had left
Gustavus
to gather in their Harvest, and that he had but a hundred Horse, and six hundred Foot to defend
Upsal
, he resolv'd to attack him in that City, and march'd with such Secrecy, that he was within two Hours march before he had any notice of his Expedition; (
Upsal
being an unfortify'd City, and most of its Inhabitants being in
Trolio's
Interest, as being their Lord) he thought it Madness to defend the Place, therefore he march'd with his Horse at the Rear of his Foot, to the Forest of
Nostan
. But the Archbishop entering the City immediately after him, and being advis'd of his hasty retreat, pursued him with all his Army. The sight of
Trolio's
numbers frighten'd
Gustavus's
small Force, who instantly abandon'd their General. In the Fight, the
'Squire
of
Gustavus
mounted on an unruly Horse run against him, and push'd his Master into the Water. But this Accident rais'd the Courage of our Hero, who with a small Number of his Guards, that wou'd never forsake him, sustain'd the Fight 'till his other Forces had gain'd the Shelter of the Forest, then maugre the Resistance of the Foe, he cut himself a Passage thro' 'em with the loss of ten of his Guards only, and safely came up with his little Army.
This Success over our great
Gustavus
, elevated the
Archbishop
in such a manner, as if he had gain'd an intire Victory over all his Enemies. But this Danger only serv'd to animate
Gustavus
to a greater height, if possible, therefore he breath'd nothing but Revenge! and in order to it, he gather'd all the Force he cou'd assisted by
Colonel de Sassi
, with his 1200
Germans
, just then arriv'd, however he conceal'd his Numbers, and intrench'd himself, as if he had no other Forces, than what he made his hasty Retreat out of
Upsal
with, which the Archbishop thought beneath his notice, and march'd onward in a Triumphal manner towards
Stockholm. Gustavus
, foreseeing this, appointed
Aruide
to conceal himself in a bordering Wood on the Road, with some part of his Army, which unexpectedly fell furiously on the
Archbishop
, and destroy'd his Troops with great Slaughter. The haughty Priest to save his Men, thought to regain the City he had left, but the vigilant
Gustavus
intercepted his march, at the head of the
Dalecarlians
assisted by the
Germans
, and rushing like a Torrent from a steep Hill, bore down the sinking
Danes
before him, so that the
Archbishop
who had boasted to bring
Gustavus
to
Stockholm
, Dead, or a Prisoner, was compell'd to return without him leaving behind five Parts of his Army dead, and wounded.
Gustavus
immediately follow'd him, and set down before
Stockholm
, which so surpriz'd the Vice-roy and Archbishop, that they (not depending much upon the Fidelity of the Citizens) retir'd to
Denmark
, where informing
Christiern
of the State of
Sweden
, that fell Tyrant, in revenge, sacrific'd the Lives of the Mother and Sister of
Gustavus
. This News stab'd the Heart of the brave
Gustavus
, and allay'd the Joy he felt for the
Conquest
of the best part of
Sweden
.
In
November
1520, a Convention of the States met to think of some Form of Government, wherein
Gustavus
was unanimously chose
Administrator
.
This Hero having a Sanction for his Proceedings, was resolv'd to extend his Conquests, and not leave a single
Dane
in his
Kingdom
, and in order to pay his Troops, he (his Finances being in a low Condition) mortgag'd his whole private Patrimony.
Stockholm
still continu'd in the Hands of the
Danes
, and as
Norbi
the
Danish
Admiral commanded the Sea, he fear'd it wou'd prove a difficult Undertaking, for want of Ships to oppose him.
Gustavus
therefore sent once more his
Secretary
to
Lubeck
to solicite that
Republick
for a naval Force, who return'd with seventeen Ships of War, and four thousand Land Soldiers.
This Fleet arriv'd on
Whitsun-Eve
in
Sweden
, and landed their Marines, the which
Gustavus
order'd to reinforce his Army before
Stockholm. Fleming
that commanded the Squadron, cruiz'd before the Harbour to prevent any Succour from entring the Town. Where he receiv'd Information that the
Danish
Fleet was within Ken; he order'd
his
to shrowd themselves behind the Cape that forms the Harbour. Two of the smallest Frigates were sent by the
Danes
to explore the Coasts (tho' they had heard nothing of the
Lubeck
Squadron) as soon as the first Frigate had doubled the Cape, she was taken;
Fleming
mann'd her with
Swedes
, and sail'd back to meet the
other
where the
Danish
Admiral was, who seeing the first return, came in a Boat to meet her to know the reason of her coming back, but soon shar'd the same Fate. When this was done,
Fleming
attack'd the whole Squadron, and conquer'd all but one desperate Captain, who fought like a Fury, and chose rather to blow up his Ship than fall into the hands of the
Swedes
.
Norbi
was so exasperated at this Misfortune, that he invaded
Sweden
with all the
Danish
naval Force. He found their Fleet in the Harbour of
Stockholm
, and came to a Battle that lasted several Hours, but seeing the appearance of an approaching Storm, steered out of the Harbour, to a little Island to prevent the Effects of it, this Bay was safe, but near the Shore. In the first part of the Night there came so hard a Frost, that his Ships were frozen. The ever vigilant
Gustavus
, upon that Knowledge, advanc'd secretly in the Night, and attack'd the Enemy with his Land Forces, set fire to, and destroy'd several Vessels of the Enemy, and might have ruin'd 'em all, but for the Inactiveness of the
Lubeckers
. The next Day the Sun having melted the Ice,
Norbi
retir'd with the remainder of his Squadron to the Port of
Calmar
.
In the mean time the Tyrant
Christiern
was depos'd by his grieving Subjects in favour of the Duke of
Holstein
, which when
Norbi
understood, he gave up all Thoughts of relieving
Stockholm
, and retired with his Fleet to
Gothland
.
Gustavus
conven'd the Estates of the Kingdom, where they with universal Acclamations chose him King (tho' he for the present refus'd to be crown'd for many politick Reasons) calling him
The Deliverer of his Country
, congratulating their own Happiness in so puissant a Monarch.
After this he march'd with all his Forces, attended by the Deputies of the Kingdom, to besiege
Stockholm
, now reduced to the utmost Necessity, but his Successes had so terrified them, that they surrendred at Discretion.
King
Gustavus
entred in Triumph, pompously dress'd for the Occasion. His Mien, his Youth, his Lenity, and noble Deportment, gain'd him the Love and Admiration of all that beheld him.
Archbishop
Trolio
heard the Advancement of
Gustavus
with a rancorous Heart, and tamper'd so artfully with the new King of
Denmark
, that he persuaded him to send an Ambassador to claim his Right to the
Swedish
Crown, but the Indignation of the
Swedes
return'd him to his Master, with a Proclamation that declar'd
Trolio
a
Traitor
and a
Rebel
, and out of the unbounded Love to their illustrious Monarch invested him with an absolute Power of Regal Sway.
Gustavus
in Return sent an Envoy to
Frederick
, to demand
Steno's
Widow, and several Ladies that had been confin'd in
Denmark
ever since the Massacre at
Stockholm
: And the
Danish
King understanding the Strength, Unanimity, and the Power of
Sweden
, thought fit to wave his Pretensions to that Crown, and enter into an
offensive
and
defensive
Treaty against
Christiern
who was soliciting Powers in
Germany
to regain both
Kingdoms
: He therefore sent
Gustavus, Steno's
Widow and the Ladies, with an honourable
Convoy
to
Sweden
.
When they arrived, the
King
and all his
Court
, honourably received them, and conducted them to the City.
Norbi
the
Danish
Admiral frequently infested the
Swedish
Coast, giving the Names of Usurpers and Traitors to
Gustavus
and
Frederick
King of
Denmark
. He took many Prizes, but chiefly the Traders of
Lubeck
, their frequent Losses so terrify'd that Trading Republick, that they sent an
Envoy
to
Gustavus
for Assistance to root out that
Pyrate
. The
Prince
was hardly prevail'd upon to undertake this Expedition, however by the Perswasions of his Subjects, he overrun that Island and set down before the
Capital
with ten thousand Men. But
Norbi
hoisted the
Danish
Standard, went over to
Frederick
, and dealt so politickly with him and the
Lubeckers
, that
Frederick
sent a Fleet which enter'd the Port of
Wisby
the Capital of
Gothland
, without any Opposition from the Fleet of
Sweden
. The two Kings met and held a Conference relating to each others Right to
Gothland
, but it was not determin'd; yet they parted in seeming good Friends. When
Gustavus
return'd to
Sweden
, his Subjects pressed him to hasten his Coronation, but his Reasons concerning the Change of Religion were not ripe enough for that Ceremony. The Doctrine of
Luther
took footing in
Sweden
, abetted secretly by the
King
, but it was a nice and dangerous Affair, and tho' his Hand was open ready for the Grasp of the overgrown Revenues of the
Bishops
to support the Crown, yet he durst not at that Juncture seize, but he effected it at last, seiz'd the Church
Plate
and Utensils, their
Bells
and
Crosses
. This alarm'd the Clergy, who are too often tenacious of their Privileges, who took a Resolution to stir up the Peasants at
their
yearly Meeting at
Upsal
, to demand their Restoration, and his abolishing the new
Edict
of the Tythes. But
Gustavus
having Spies every where, came upon them at the Head of a Body of Horse, to their no little Surprize at his sudden Appearance: There was such an Air of Grandeur and Authority, with the Force of Eloquence in all his Actions, that aw'd the boldest of these Malecontents, and soon brought them on their Knees to sue for
Pardon
. This Business was no sooner ended, but another rose of a worse Consequence. A
Groom
, whose Name was
Hans
, a bold and daring Fellow, of a quick Wit and Parts, set himself up for the Son of
Steno
their late
Administrator
(tho' that young Prince had been dead a Year before.) He took that Prince's Name (
Hils Steno
) upon Him: He had by his Arts, and Support of some
discontented
great Men, rais'd a powerful
Faction
in the
Provinces
distant from the
Court
.
Gustavus
being advised of this Design, thro' Shame of so unworthy a Competitor, seem'd to despise it; however he caused Letters to be wrote by
Steno's
Widow to the
Dalecarlians
, wherein she declared
her
Son had been dead above a Year. This Letter had the desired Effect, for his tumultuous Adherents soon left him, and he made his speedy Flight to
Norway
, where he was entertained by the
Archbishop
of
Drontheim
is the
capital City
of the
Kingdom
of
Norway
: it is seated on the Western Shores of that Dominion. In
Latin
called
Nidrosia
, from the River
Nider
, on which it is built. It is a very rich City, with as safe a Harbour as any in the North, commanded by a very strong Castle but no other Fortification. The
Government
of this City reaches from
North
to
South
a hundred and forty Leagues, and thirty five, from
East
to
West
.
Drontheim
as Prince of
Sweden
, where he levy'd Forces, and was so artful as to pass upon them for the
Prince
he
represented
.
Gustavus
, to oppose him, sent a Body of Horse, which once more forced him to abandon his Party, and fly to
Rostoc
, a City in the
Lower Saxony
, on the
Baltick
, built on the River
Warne
. It is a Hans Town, but under the Protection of the
Duke
of
Mecklenburgh
.
Rostoc
a City in
Mecklenburgh
, or
Meckleburgh
, a large City and Province in
Germany
, of the
Lower Saxony
. In the Times of the
Vandals
this
City
was accounted the
largest
in
Europe
.
Mecklenburgh
, where the Chiefs of that Place had his Head struck off.
The King very well knew the Clergy were deep in this Rebellion, therefore he set about gaining them to his Interest, which afterwards he effected by banishing the
German Clergy
and all
Foreign Priests
out of his Dominions, supplying their Places with his own Friends.
Gustavus
, seeing that most of his Subjects had
changed
their
Religion
, declar'd himself a
Lutheran
, and immediately upon that Declaration he proceeded to his
Coronation
, which was performed with the greatest Solemnity at
Upsal
, by the
new
Archbishop
Laurentius Petri
: At the same time he conferr'd the Honour of Knighthood on the chief
Lords
and
Senators
of
Sweden
.
Now
Gustavus
, after the Fatigues of War, made room for the softer Passion of Love. He cast his Eyes on the Beauties of the Daughter of the Duke of
Saxe Lawenburgh
, one of the Provinces of
Lower Saxony
.
Saxe Lawenburgh
, who esteemed it an Honour to be ally'd to so illustrious an Hero. This Princess was sent by her Father, with a noble Retinue, to
Stockholm
, where the
King
met her, and the Marriage was consummated with the utmost Magnificence. He had hardly tasted his Happiness, ere he receiv'd Intelligence, that the banish'd King
Christiern
was sailing towards
Norway
with thirty Vessels, and an Army of ten thousand Soldiers he had gather'd up in the Provinces
Germany
, &c. But his Fleet was scatter'd by a Storm: However he made a shift to land on the Coast of
Norway
: His Pretence was
Religion
, which he knew wou'd bring the
discontented Clergy
to own his Cause.
Frederick King
of the
Danes
was as much interested in
Christiern's Descent
, as
Gustavus
, therefore
that
Monarch sent out a Squadron of Ships of War early in the Spring, that met with
Christiern's
Fleet in the Bay of
Bahuys, (
Bahusium
) is an
Island
in the
Baltick
Sea, bounded on the
East
by
Gothland
. It
is
a fruitful Island, near a hundred Miles long, and thirty broad.
Bahuys
, where (after an obstinate Fight that continu'd a whole Day) the Ships of
Christiern
were most of 'em destroy'd.
This unfortunate
King
made another Attempt to enter
Sweden
by the way of
Gothland
, but was opposed by a Party of three thousand
Swedish
Horse, which compel'd him to throw himself in the little Town of
Congel
in
West Gothland
, for his better Security, where he was so strictly besieg'd, that Famine cou'd not be ranked among the least of his Enemies, most of his
Officers
and
Soldiers
fled to the
Swedes
, choosing rather to be Prisoners than starve.
The Bishop of
Odense
, a City of
Denmark
, the
Capital
of the Island
Fionia
, between
Jutland
to the
West
, and
Zeeland
to the
East
, separated from 'em both, by two narrow Channels. The City of
Odense
is strong, and well built. It is a pleasant and fruitful Island, considering the Climate.
Odense
, seeing to what Misery this unhappy Monarch was reduc'd, felt pity for his Condition, therefore persuaded him to submit his Person to
Frederick
, assuring him at the same time, he wou'd answer for the Success.
Christiern
having no
other
Hope took the
Bishop's
Advice, and accompany'd with the cunning
Trolio
, and a few of his Attendance, he arriv'd at
Copenhagen
, where the King of
Denmark
had him seiz'd, and imprison'd in the
Castle
of
Soneburgh
, the
Capital
of the
Island
of
Oesel
, in the Mouth of the
Bay
of
Livonia
. The Island is about eighty Miles in Circuit.
Soneburgh
. In that Place he was confin'd till he had sign'd a formal Resignation of the Crowns of
Sweden, Denmark
, and
Norway
. When that was done, his Bounds were enlarged, having the Liberty granted him of
Fishing, Hunting
, &c. and was treated like a
Prince
(tho' narrowly watch'd) till his Death.
Archbishop
Trolio
retir'd to
Lubeck
, where he form'd a Leage with that Regency, and Prince
Christopher
of
Oldenburgh
, to raise Troops in order to release King
Christiern
from his Confinement, and struggle once more for the Crown of
Denmark
. But he that so often had stain'd his white Robes with Blood, was wounded in the Battle of
Funon
, taken Prisoner, and died of his Wounds at
Sleswick
, a City of
Denmark
, in the Province of
Holstein
, seated on the River
Sleïe
(from whence it takes its Name) that disembogues its Streams into the
Baltick
, near that City.
Sleswick
in
Holstein
.
The Great
Gustavus
, being thus happily rid of his Enemies, and his Dominions in a profound Peace, apply'd himself wholly to the
Improvement
of
Trade
.
He built
Citadels
and
Royal Palaces
in many Parts of the
Kingdom
, with a Magnificence unknown before to the
Swedes
. He never resided long in one Place, but progress'd from
Province
to
Province
, attended by most of his Court, which accustomed his Subjects to his
Sight
and
Authority
. This great
King, Hero
and
Statesman
in one, gave Audience to all Sorts of Persons; he decided all Causes and Controversies, with a Judgment peculiar to himself, and as War was carried on without the Assistance of Generals, so he rul'd absolute in a profound Peace many Years. He reign'd alone, without either Favourites or Mistresses, or ever raising the
Undeserving
; He liv'd
belov'd
by his
Subjects
and
fear'd
by his
Enemies
.
Our renowned
Hero
had four Sons,
Eric
the eldest, whom he had Hopes of matching to
Elizabeth Queen
of
England
whose Alliance he much wish'd for. He therefore, in order to bring this Affair about, sent an
Ambassador
to that
Virgin Queen
, to propose a Confederacy between the two Nations. The
Queen
of
England
was courted by most of the
Princes
of
Europe
, but she had the Art to manage her Lovers as she pleased, amusing them with Hope, in their several Turns, according to the State of her Affairs.
This
Ambassador
was
Tutor
to
Prince Eric
; when he arriv'd at the
Court
of
Queen Elizabeth
, he was receiv'd with all the Marks of Kindness and Respect. The Proposals he made in the Name of his Master, in Relation to
Commerce
and
Confederacy
, were favourably heard, and when he mention'd a stricter Alliance between that
Queen
and
Prince Eric
, he had no reason to complain on that Subject. He therefore return'd to
Sweden
, where he inform'd
Gustavus
, that there was nothing wanting but the Presence of
Prince Eric
, to compleat the Alliance between the two Crowns.
Prince Eric
was endowed with many Qualities that were sufficient to recommend him to those whose Judgment lies in the Sense of
seeing
only, for Nature had been liberal in bestowing Favours on him. The Symmetry of his Body was exact; In short, to say no more, he was the very Copy of his Father, with the same Air of Grandeur, Majestick Presence and Authority that drew Respect from all that saw him: But the Lustre of these
outward
Qualifications were darkened by some
inward
Passions of the Mind that ill became the Heart of a
Prince
Gustavus
knowing
all his Failings, wou'd not be persuaded to let his Son visit the
young Queen of England
, nay, he had some Thoughts of settling the Crown of
Sweden
on his Second Son, a Prince endow'd with all the Virtues of his great Father. But that wise Monarch considering such a Preference might kindle a Civil War both in his
Family
and
Kingdom
, resolv'd to regulate the Succession, according to the Order of Birthright, and in the mean time to satisfie
Prince Eric
(whom his
Tutor
had inspir'd with a violent Passion for the
Queen
of
England
), he consented that Prince
John
, his
second Son
, shou'd go to the Court of
Queen Elizabeth
, under the Pretence of Travel, and try to fix her in Favour of his elder Brother.
The Queen receiv'd him with the most obliging Expressions of Kindness, yet so dexterously avoided his Proposals of Marriage with
Prince Eric
his Brother, that
Prince John
was out of all Hope.
Prince Eric
thought his Presence wou'd do the Business effectually, sollicited the
Senate
to gain Leave from his Father to go in Person to negotiate the Affair of Marriage:
Gustavus
knowing the violence of his Temper, was persuaded at last to let him go, with a Retinue suitable to his Quality and Occasion; for that wise Prince foresaw if he did not give his Son Leave, that he wou'd either go without his Consent, or raise some Commotion in the State.
However before he wou'd let him depart for
England
, he sign'd his Last Will, and divided his Kingdoms among the Princes his Sons; to the eldest Prince
Eric
he left his
Crown
; to Prince
John
his second Son, the
Dukedom
of
Finland
; to Prince
Magnus
his third,
East Gothland
; to Prince
Charles
the youngest,
Sudermania
; under the Titles of
Principalities
, and all to swear Fealty, and pay Homage to the Crown of
Sweden
.
Prince Eric
was highly offended at this Distribution of his Father's, and had Thoughts of taking up Arms to have this Will disannull'd, but was restrain'd from it, when he consider'd
Gustavus
was
King
of his
Children
as well as his
Subjects
. He therefore stifled his Resentments for the present, but made a Resolution to do it himself, whene'er the Supreme Power shou'd fall into his Hands: But now his Imaginations were all employ'd upon his Love, and his Time taken in preparing for his Voyage; he came to the Port of
Elsingbourgh
, a good Port in
Denmark
over against
Zeeland
.
Elsingbourgh
, where he was stop'd with the News of his illustrious Father's Death, from whence he return'd to take Possession of the Crown of
Sweden
.
This
Heroick Prince
, in the 70th Year of his Age was seized with an inward Fever, that quickly gave him notice of approaching Death. He dismiss'd his Court, and even his Physicians that seem'd to flatter him with Life, and gave up his Breath in the arms of his most faithful Servants,
September
the 29th, 1560. His Body was interr'd at
Upsal
, and embalm'd with the Tears of all his Subjects; and his Memory is still dear to them.
This
Illustrious Hero
enter'd the Realms of
Death
adorn'd with such
shining Honours
that will eclipse those
ancient Heroes Alexander
and
Cæsar
.
I don't know any
Author
(in my Opinion) has made a better use of the
Poetica Licentia
, than the Author of the
Play of Gustavus Vasa
; and I think it must give
all Lovers
of the
Drama
an infinite Satisfaction to find his
first
Essay arrive at
Perfection
. And I do not in the least doubt, but his Success will be answerable to the Greatness of his Merit. For the
Judicious
Part of an
Audience
take as much pleasure in supporting a
deserving
Piece, as they do in
exploding
one that has no Merit at all.
FINIS.
SEVERALL SPEECHES,
Spoken by the Right
Honourable
The Earle of
Loudoun
, Lord high Chancellor of the Kingdome of SCOTLAND:
AT
A Conference with a Committee of the Honourable Houses in the Painted Chamber
, October 1646. Proverbs 25.11.
A word fitly spoken, is like apples of gold in pictures of silver.
EDINBURGH:
Printed by
Evan Tyler,
Printer to the Kings most Excellent Majestie
. 1646.
Good Reader,
I Understand, that the right Honourable the Lord Chancellour of
Scotland
had not right done him by the printed Copie of his Speech to the Kings Majestie at
New-castle
, concerning the Propositions of Peace, there being in that Copie Errours and Omissions, and both materiall, which hath moved me to resolve, as to print the former according to the true Copie, so for preventing the like mistakes and mis-representations, first to procure to my selfe, and now to communicate to the publike view, the true transcripts of these last three Speeches: In which thou shalt find the merit of an excellent Subject to speak for it selfe, for thou hast here a most solid, judicious, candide, and plain debate, concerning the best and most hopefull meanes of attaining a speedy and happy Peace, which may put a period to the lasting miseries of these three Kingdoms: Reade and consider, and beware thou doe not receive with the left hand what is reached forth with the right: This noble Lord hath dealt freely and faithfully both with King and Parliament; and, as truth and plain dealing did appeare in his Speeches, so what he spake is here faithfully Imparted; and thou maist be confident, that in this it holds true,
Ta eon tē phōnē esti tōn en tē psychē
pathēmatōn
symbola, kai ta graphomena tōn en tē phōnē
.
Thine to serve thee for the Publike good,
G.A.
The Lord Chancellour of
Scotland
his first Speech: At a Conference in the Painted Chamber with a Committee of both Houses, Octob. 1. 1646.
My Lords and Gentlemen,
THe end of this Conference is to advise what is fit to be done for the Peace and Security of the Kingdomes in relation to the King, and how to dispose of his Majesties Person, which is a matter very ticklish, and of most high concernment; and they who would build very high, must dig very low for a firm foundation: And therefore I shall make bold to desire, That what ever we resolve upon concerning the Kings Majesty, it may be done by joynt advice and consent of both Kingdomes, and that the Unity between the Kingdomes may be inviolably preserved, as that wherein (next to Gods protection) the chiefe strength of both lies, which would be laid as a ground of our future debates. And because the purpose we are to speak of is very grave and serious, I shall speak of it with that sincerity, as I wish my words were written with the beams of the Sun, and registred to posterity, that all the world might see the candor and integrity of our proceedings towards the King and our Brethren of
England
. And (as I had occasion once to express in this place) so do I now say, That no man hath conscience nor honour who will not remember our solemn League and Covenant, as the strongest bond under heaven between God and man, between man and man, and between Nation and Nation, in which our Unity is founded upon Verity in a threefold relation; to God, to the King, and amongst our selves. The first is the greatest, and ascends as high as heaven: for
Religion
, which hath its name
à religando
, unites us to God himself; and so long as he is in League with us, we need not feare who be against us. Let us therefore hold fast our Unity in Religion, and beware of Toleration of all Religions, which is the ready way to have none; for there is nothing more divine in God then Unity, and nothing more diabolicall in the Devill then Division, who therefore is known to the vulgar by his cloven foot to be the spirit of Division.
The next ground and relation of our Unity, is with the King, to whom we are bound (in the stricted bonds of loyall Subjection) by our Allegeance and Covenant, as to one Head and Monarch: and therefore the faithfull endeavours of both Kingdoms should (without wearying) be constantly contributed, That we may be united to him by a happy and just Peace: For if one of the Kingdomes shall cast off the King, and the other have a King; if the one shall make Peace with the King, and the other not make Peace, but be still at variance with him, it is to be feared, that no humane wit nor policie will be able to keep the two Kingdoms long without a rupture: And if it please God so to incline the Kings heart, and direct the wisdome of the Parliaments, as that the King and we could make a happy agreement, no power nor policie can be able to divide us; for
Qui conveniunt uni tertio, conveniunt inter se
.
The third ground and relation of our Unity, is the conjunction of the two Kingdomes, which hath been acknowledged to be so necessary and usefull to both, That they have often declared, they would stand and fall, and (like
Hippocrates
twins) live and dye together. And therefore, as we regard our solem Covenant with God Almighty, and tender the standing and safety of the Kingdomes, let us (with one heart and mind) joyn our counsels and actions, That whatsoever we resolve upon for our common Peace and Security in relation to the King, and of each Kingdome to other, that it be done in zeale to Religion, in loyalty to the King, and with unanimity amongst our selves. And, as the Pythagoreans did note the number of Two with the mark of infamy, as being the first number that durst part from Unity; so, which soever of the Kingdomes shall first violate the Unity which is bound up in our Covenant, may apply it to themselves:
But if we shall adhere to that Unity which is builded upon the firm foundation of Verity, in our relations to Religion, the King, and amongst our selves, it will be a three-fold cord which is not easily broken; and our Unity, I hope, shall be turned into an identity both Kingdomes may be perfectly one.
Having thus in the first place laid a ground for Unity of Counsels and Resolutions, I shall in the next place humbly desire and protest, That whatever may be our Propositions or Debates concerning the King, it be not mis-construed, as if one of the Kingdomes were imposing conditions upon the other, or that we are absolutely wedded to any one desire more then to another; but that (all severall waies being amicably debated and rightly pondered,) That which may serve most for the safety, security and happinesse of the King and both Kingdomes, may be gravely resolved upon. And now I come to the Question it selfe, concerning the disposing of His Majesties Person; first Negatively, and then Positively. Negatively, the Question is not of the power and authority of the Houses of Parliament in disposing of any person, or judging of any case which is of single concernment to
England
: Nor is the Question how the Kings Person may be disposed of
de facto
by any one of the Kingdomes; neither is the Question properly
de jure & posse
, but
de esse, & bene esse
: And, as it is neither good Logick nor good Divinity to argue
à posse ad esse
; so sure I am, in this case it is far worse policie for either Kingdome to dispute what they may do in the height of their power, when both are consulting what is fittest to be done for the Peace and Security of both. And the relation of both Kingdomes to his Majesty, and of each Kingdome to other being rightly considered, as he is King to both, as both are Subjects to him, as both are ingaged in the same Cause, and have been in the same War, and are labouring under the same Danger, are seeking the same Remedies, and should have the same Security; We do hold, that the disposing of the Kings Person doth not properly belong to any one of the Kingdomes, but joyntly to both. And after
Scotland
hath suffered the heat of the day and winters cold, have forsaken their owne peace for love of their Brethren, have set their own house on fire to quench theirs: After so much expense of their bloud in all the three Kingdomes, after we have gone along with you in all the hardship of this War, and (without vanity be it spoken) have been so usefull in this Cause: And that the King hath cast himself into the hands of the Scottish Army, and that by the blessing of God upon the joynt endeavours of both Kingdoms we are come to the harbour of a peace; We cannot expect that the honourable Houses wil think it agreeable with conscience or honour, or with the justice of the Houses, that the Person of the King should be disposed of by them as they shall think fit, or by any one of the Kingdoms alone; but that what ever shall be resolved in this may be done by joynt advice of both, as may serve most for the peace, security, and happinesse of both Kingdoms.
The Lord Chancellour of
Scotland
his second Speech: At a Conference in the Painted Chamber, with a Committee of both Houses,
Octob. 6. 1646
.
AT our last meeting in this Conference, your Lordships did assert the Vote of the Houses, That the Person of the King should be disposed on as the two Houses shall think fit; And we did hold, that the King, who is the Head and Monarch of both Kingdoms, ought not to be disposed of by any one of the Kingdoms, but by joynt advice of both, as might serve most for the peace, happinesse, and security of his Majesty and both Kingdoms, which we fortified with severall arguments from the interests and relations which both Kingdoms have equally to the King, and from the Covenant and Treaty between the Kingdoms, as the best way to preserve our Unity. But since your Lordships doe adhere to the Vote of the Houses, as that which you cannot part from, We do humbly desire, that your Lordships may be pleased (in time convenient, at the close of this Conference) to report the difference of our judgment to the honourable Houses, who upon better reasons both may, and (we hope) will take their Vote into further consideration: And so each reservation of our judgement, that the disposing of his Majesties Person doth belong to both; and not to any one of the Kingdoms, especially in such a juncture of affaires, as both Kingdoms stand engaged in this cause; I shall descend particularly how the Kings Person should be disposed of to the best advantage of both Kingdomes, and for attaining such a happy peace as all good men should desire. But lest we should walk in the dark upon obscurity of ambiguous words, I shall desire that the word of disposing of the Kings Person may be rightly understood, and the true sense of it may be cleerly known: For
Dolus versatur in universalibus
. For
To dispose of the Kings Person, as both Houses, or both Kingdomes shall think fit
,
may in some sense be to depose, or worse: But because the word [
Dispose
] may admit a more benigne interpretation, as when men commit their estates and children, or that which is dearest to them to be disposed of, (which is but to be advised) by these who have nearest relation to them, and in whom they repose most trust: I shall speak of the disposing of his Majesties Royall person in that sense, (which I hope) is also the sense of the Houses. Nor doe I know any other way how his Majesties Person can be disposed of, but that he be put either under restraint, or be at freedome with honour and safety. As for the way of restraint, I look upon it as it looks upon us, as a remedy more dangerous then the disease, and as a mean to draw the war of forain Kings upon us (especially the Prince being in other Kingdoms) rather then to quiet our troubles at home. And therefore supposing that none of the Kingdomes will take any way concerning his Majesties Person, but such as may consist with duty and honour, and which may lessen, and not increase our troubles, I shall lay aside the way of restraint, and speak of the way which may be with freedome, honour and safety, which can be no other but that his Majesty shall go into
Scotland
, or come to his Parliament here, or some of his houses neer-abouts.
His going into
Scotland
is full of dangers and inconveniences to both Kingdomes: The
Amalekites
are not yet driven out of that Land. The bloudy barbarous
Irish
, banded with a wicked crew of Malignants, possesse the Mountains and highlands, which are the strong holds, and never conquered parts of that Kingdome. They have not laid down Arms, but keep in a body together, and they are so neer to
Ireland
, as the Forces of the Rebels there may in two or three houres space come over and joyne with them: and (
Scotland
) not being able to keep and entertaine Armies long, the King being there, may raise such Forces in
Scotland
, as may make way quickly into
England
. And therefore his Majesties going into
Scotland
(before our Peace be settled) being of most dangerous consequence to both Kingdomes, I shall humbly offer to your Lordships consideration his Majesties coming to
London
, or some of his houses here-abouts, as the most probable way to procure a speedy and happy agreement, which is also his Majesties own desire in his answer to the Propositions. And although no perswasion of ours could prevaile to procure a more satisfactory answer for the time, then what is returned to the Houses of Parliament, yet (I assure your Lordships) that the Committee of Estates of the Parliament of
Scotland
, and the Noblemen, who were at
Newcastle
, did faithfully contribute their best endeavours, that his Majesty might have given his assent to the Propositions: And, as wee did then deliver our minds with that plainnesse and freedome which was fit for faithfull and loyall Subjects, with no lesse regard to this Kingdome then our own Nation; so are we now (with the same candor and tendernesse of affection) willing and ready to concurre with the honourable Houses in every thing which may promote the great work of Reformation, and settle Religion according to the Covenant with a well grounded peace. And for these ends, we desire, that his Majesties answer may be improved to the best advantage of the publike.
For albeit the King hath not given a present assent to the Propositions, yet he hath not in his answer refused them; but doth promise, That hee will cheerfully grant and give his assent unto all such Bills (at the desire of the two Houses) and reasonable demands for
Scotland
, which shall be really for the good & peace of his people: To which end he desireth and proposeth; That he may come to
London
(or any of his houses there-abouts) upon security, That he shall be there with honour, freedome and safety, as the best expedient to procure a happy agreement between his Majesty and his Parliament, which we desire may be weighed in the ballance of righteous judgement, as a businesse of the greatest consequence which can fall within humane consideration and wherein the glory of God is most concerned of any businesse under heaven. For upon a blessed agreement between the King and his Parliament, Religion and Righteousnesse, Truth and Peace, which are the compend and height of all happinesse, will be established to the eternall fame and glory of great Britaine, and the great comfort of all the Protestant Churches: And upon our disagreement, all the calamities of a bloudy and unnaturall war, will be continued, and nothing heard nor seen in Church nor State but confusion. God hath brought both Kingdomes thorow the surges and waves of a boisterous tempest, into the harbour of a peace, & hath scattered most part of our Enemies, & now our work is how to come a-shore, & establish a right peace. I hope, it is as far from our desires and intentions, as it is against our Covenant and Professions, to change fundamental government. We have need to take heed, that we run not from one extreme into another;
Dum stulti vitant vitia, in contraria currunt
: Therefore our study would be how to cure the wound which our sins and the evill counsells of others have made between the King and his Parliament, to make up the breach, and not make it wider.
It hath been universally acknowledged, That the Kings removall from his Par liament, is the immediate and chiefe cause of all the war, mischiefe, and calamities of the kingdomes: Then his Majesties presence in joyning with his Parliament must be the best, if not the onely remedy to remove our troubles, for it is a maxime no lesse true then common,
that
Contraries have contrary consequents
.
Contrariorum contrari sunt consequentia
.
The King desires to come to his Parliament, not onely to have his doubts cleered, and have these difficulties explained which hinder his consent to the Propositions as they now stand: But likewise that his coming may raise a mutuall confidence between him and his Parliament: If the last were done, the first would soon be performed, and all those mountaines of difficulties would easily be removed, and become valleys.
Your Commissioners had no power to give any reasons, no not so much as tell what is the meaning of any of your demands, nor hearken to any desire of the Kings; And certainly some things might be justly moved by his Majesty, which are necessary for the Crowne and a well grounded Peace, as, That he may have his Revenues, That he may returne with honour and safety to his Crowne and government; And if the King were with his Parliament, where hee might both give and receive satisfaction, he might with reason be convinced, to assent to what hee now conceives to be unreasonable.
The making of a peace, is so great and glorious a worke, and so acceptable to all good men, and to the whole people, that it would (after so great trouble) be like raine to the new mowne grasse, or like a resurrection from the dead, and is a worke worthy of a Kings presence: And the King may without arrogancy desire that glory to himselfe, the more to reingratiate him to his people, and not devolve that honour wholly to any other, wherein he himselfe ought to be the prime Actor. And therefore the Kings presence with his Parliament is the most probable way to sustaine to a speedy and blessed peace, which certainly will be the more durable if it be with the good liking of both sides.
I know there is one common objection (and I know not another) wherewith many are possest and prejudiced against the Kings coming to his Parliament, That his presence may breed division, and that he may thereafter withdraw and continue our troubles.
Unity
and
Concord
(I confesse) is that by which Kingdoms and Common-wealthes doe flourish, and there is nothing more dangerous then division,
Concordia enim res parvæ crescunt, discordia vero maximæ dilabuntur
. But is there any greater or more dangerous division, then to have the Head divided from the Body? to have the King divided from his Parliament, the representative body of the kingdome, whereof he is the Head? Hath not this division divided brother against brother, the father against the son, and the son against the father, and Countrey against Countrey? This division is the cause of all our other divisions; Take this away and all our other divisions are at an end.
Ablata causa tollitur effectus
. The King doth (with all earnestnesse) desire to be joyned with you, and stands more in need of reconciliation, and I hope will (according to his profession) endeavour it rather then division; And (I trust) the wisdom of the honourable Houses is such as they will doe so too, and rather be reconciled to the King, then divide amongst our selves. And that argument not to admit of the Kings coming to his Parliament, because his presence may breed division, is an argument to debarre him perpetually from his Parliament. And now the case is altered from what it was, when it was thought unfit, that the King should come to his Parliament, because then he had forces in the fields, garisons, and strong holds to returne to: Now he hath none of these against you, And his desire of coming to his Parliament, cannot be but with resolution to agree and stay with you, for if hee were once with you, where can he goe from you? And if they were esteemed enemies to the Parliament and the Peace of the kingdoms, who advised the King to withdraw from his Parliament, what estimation will the world have of them, who will not suffer him to returne to his Parliament, when he offers to cast himselfe in your armes? Nor can there be a more reall testimony of our respect and affection to
England
, then that we desire he may be with you, and be advised by you, neither can you have any greater honour, then that (after you have dissipated your Enemies) his Majesty is willing to returne to you: And if so kind an offer shall be refused, and the King driven to despaire, it is to be feared, these kingdomes will be involved in great difficulties then ever, and we shall be driven out of the harbour and entrance of a peace, into the tempest of new and bloudy wars.
For although
Scotland
be most willing and desirous that the King should return to his Parliament with honour, safety, and freedome, and that he may remaine where his personal presence may serve most for the security and happinesse of his people; yet if any such course shall be taken or any demand made for rendring of his Person, which cannot stand with his honour and safety, or which cannot consist with our duty, allegeance and Covenant, nor with the honour of that Army, to whom (in time of his extreme danger) he had his recourse for safety; it cannot be expected that we can be capable of so base an Act. And if (to shun this, and avoid occasion of quarrelling between the kingdomes) he shall goe to
Scotland
, and resent his expulsion out of
England
, and crave the assistance of that kingdome for recovery of his right to this Crowne; Hee may in a short time raise such Forces in
Scotland
and
Ireland
, as with the assistance of Foraine Princes, these kingdomes may be made a field of bloud, and the youngest amongst us not live to see the end of these unnaturall wars. But if the present opportunity be wisely managed, and that we maintaine the just priviledges of Parliament and liberty of the Subject in both kingdomes, with that wisdome and discretion, as that may be given to God which is Gods, and to
Cæsar
what is
Cæsars
, if we feare God and the King, and doe not meddle with them who are given to change, That same divine providence and wisdome which hath brought us through many difficulties, will also teach us how to establish these kingdomes in peace, and the Kings Throne in righteousnesse, That the great blessing of a constant and friendly conjunction of the two kingdomes (now united by allegeance and loyall subjection to one Soveraigne and Head) may be firmly observed and continued to all posterity.
The Lord Chancellour of
Scotland
his last Speech, At a Conference in the Painted Chamber with a Committee of both Houses,
October
10. 1646.
My Lords and Gentlemen,
THis day I hope will bring our Conference to some results to be reported to the Houses, and therefore I shall frame my Discourse and Arguments with that succinctnesse as may bring us soonest to a close.
At our first meeting, the subject of our debate was, whether the Right and Power of disposing the Person of the King is solely in the two Houses as they shall thinke fit, or in the two Kingdomes; and at our last meeting, we had some arguing about the same question, but your Lordships did still assert the Vote of the Houses, and we say (in respect of the interest and relations which both Kingdomes have equally to the King, especially in the present juncture of affaires, when both Kingdomes are entred in the same League and Covenant, have jeoparded their lives in the same War, are labouring under the same danger, are seeking the same remedies, and stand in need of the same Peace and security; and both Kingdomes are bound by our Covenant to preserve Unity, and are obliged by Treaty that none of us shall make any peace, cessation, or agreement whatsoever, without mutuall advice and consent of both) That the Person of the King cannot be disposed of without the joynt advice and consent of both Kingdomes. But as we doe acknowledge that
England
hath parity of interest with
Scotland
, so doe we still offer that they shall have parity of power in disposing of the King: and we doe affirme, That the Person of the King, who is King of
Scotland
as well as of
England
, and is Head and Monarch of both Kingdomes, cannot be disposed of by any one of the Kingdomes alone: but what ever is to be done concerning the disposing of his Majesties Person, ought to be done by joynt advice and common consent of both, as may serve most for the Peace, security, and happinesse of the King and Kingdomes, which we did prove by severall Arguments: To which there was nothing answered in effect, but, That the King being within
England
, his Person was to be disposed of as the two Houses shall thinke fit, and that the King being with the Scottish Army, and they being paid by the Parliament of
England
, he is in effect in the power of the Houses, and ought to be at their disposing, in the same way as if he had come to the Army of Sir
Thomas Fairfax
, or any other of the Parliaments Armies. To which we shall not need to make any reply other then wee have made already, That the Kings present residence in
England
, nor no locality, can take away the reality of our relations formerly mentioned by us, farre lesse can it take away the ingagements and stipulations betweene the Kingdomes; and though the Scottish Army be paid by the Parliament of
England
, yet they are the Army of
Scotland
, raised for pursuance of the ends of the Covenant, and are to be ordered and directed by the Parliaments or Committees of both Kingdomes: And therefore they cannot with conscience, duty, nor honour, deliver the person of the King without his owne consent, to be disposed of as the two Houses shall thinke fit: but we have declared and doe still declare, That we are content that the Person of the King be disposed of (the word Disposed being taken in a right sense) as may serve most for the Peace, safety, security, honour and happinesse of the King and both Kingdomes: and did offer to your Lordships consideration his Majesties coming to or neere
London
, as the most probable meanes to procure a speedy and well-grounded Peace. And seeing your Lordships have done us the honour to meet with us in this free and brotherly Conference, we doe expect that you will concurre and assent to this Proposition, or propound a better expedient for the good of both Kingdomes.
But if the honourable Houses will not admit of this Proposition, our next desire is (that it may appeare, no lawfull and possible meanes are left unassayed which may procure a happy agreement betwixt the King and his Parliaments, and for our further exoneration) That Commissioners may yet once more be sent from both Kingdomes to his Majesty, to shew the meaning of our Propositions and to assert them, and to heare the Kings doubts and difficulties, and desires, who may further intimate, that (if his Majesty shall not give a satisfactory answer to the Propositions) then both Kingdoms will without making any such further application to him, take such course as they shall judge fittest for the peace and security of the Kingdomes.
And as at the opening of this Conference I did begin with an humble, lawfull, and laudable desire for unity in relation to Religion, the King, and amongst our selves, so shall I close in the same dialect; for the first of Religion, if we doe remember our vowes to God to performe them, and shall endeavour really, constantly, and sincerely, the Reformation of Religion, and uniformity according to our Covenant, we may certainly expect that God will crowne this great worke, wherein he hath honoured us to be actors, with his blessing; but if in place of uniformity, which we are obliged to endeavour, there shall be a toleration of all Sects and sorts of Religion, and if we neglect to build the house of God, and become insolent upon our successes; although wee could mount up with Eagles wings, and build our nests as high as the starres, and had an army who for valour and strength could march to
Constantinople
, God shall lay our glory low in the dust, and suffer the work to fall in our hands, like the confusion of
Babell
: And what ever hath been moved by us concerning the King, wee desire it may be rightly constructed, as proceeding from such as have not wavered from their first principles; for when the King was in the height of his power, we did not, and (I hope) never shall flatter him; and when the enemy was in the height of their pride and strength,
Scotland
did feare no colours: and now when the King is at his lowest ebb, and hath cast himselfe into our Army for safety, we hope your Lordships will pardon us from our sense of honour and duty to be very tender of the person, and posterity of the King, to whom wee have so many neer relations, and not like the worse of us: that wee cannot so farre forget our allegeance and duty as not to have an antipathy against the change of Monarchicall government, in which wee have lived through the descent of so many kings, and under which both kingdomes have been governed so many ages, and flourished in all happinesse. And now my last word shall be for constant Unity between the kingdomes, which as it hath been the chiefe meanes to promote the great work wherein both kingdomes are so deeply engaged, so there is nothing can make us so formidable to our enemies, nor so much aiding one to another, as the cheirishing and continuing thereof; and I dare say that no man would
divide
the one from the other, but such as desire to fish in troubled waters, and are reall enemies to both. God hath blest the joynt endeavours of both Nations, both are in one ship, and are come through a very great storme, and now when we are come into the harbour, it would be great shame to both to split upon the rocks of division (
&
devorato
bove
deficere in cauda
) and your Lordships may be confident that
Scotland
who have esteemed no hazzard too great, for settling of Religion and love to their Brethren, will stick so fast and firmly to you, (so long as you hold the principles of your Covenant) as no feare nor favour will ever be able to divide them from you, and wee doe expect that reciprocall amity which may perpetuate our Unity.
The Lord Chancellour of
Scotland
his Speech, to the Kings Majestie at
Newcastle
.
YOur Majestie was pleased on Monday last, to call the Lords of your privy Counsell of
Scotland
, and the Committee to acquaint them with the Propositions, and told, That before the delivery of your answer, you would make the same knowne to them. The time assigned for the stay of the Commissioners is so short, and the consequence of your Majesties answer is of so great importance, either for the preservation or ruine of your Crown and Kingdomes, as we could not be answerable to God, nor to that trust reposed in us, unlesse we represent to your Majesty how necessary it is (as the condition of affaires now stand, and in so great an extremity) that your Majesty should assent to the Propositions, and that the danger and losse of your refusall will be remediles, and bring on sudden ruine and destruction.
I shall begin first with the last, which is the danger; and shall next speak a word of the remedy. The differences between your Majesty and your Parliament (which no man knowes better then your Majesties selfe) are growne to such a height, that after many bloudy battels, there is no cure but a present peace, otherwise nothing can be expected but certain destruction. The Parliament is possest of your Navie, and of all the Forts, Garisons, and strong holds of the Kingdome: They have the Excise, Assessements, and Sequestrations at ther disposall and have authority to raise all the men and mony in the Kingdome, and (after many victories and great successes) they have a strong Army on foot, and are now in such a posture for strength and power, as they are in a capacity to doe what they will both in Church and State: And some are so afraid, others so unwilling to submit themselves to your Majesties government, as they desire not you, nor any of your race longer to raigne over them. Yet the people are so wearied of the wars, and great burthens they groane under, are so desirous of peace, and loth to have Monarchicall government (under which they have lived so long in peace and plenty) changed, that such as are unwearied of your Majesties government, dare not attempt to cast it totally off, till once they send Propositions of Peace to your Majesty, lest the people (without whose concurrence they are not able to carry on their designe) should fall from them. And therefore all the people being desirous, that (after so great wars and troubles) they may have a perfect security from oppression and arbitrary power, The Houses of Parliament have resolved upon the Propositions, which are tendred to your Majesty, as that without which the Kingdome and your people cannot be in safety; and most part of the people think, that there cannot be a firme peace upon any other termes.
Your Majesties friends, and the Commissioners from
Scotland
(after all the wrestling they could) were forced to consent to the sending of those Propositions, or to be hated as the hinderers of peace, and to send no Propositions at all. And now, Sir, if your Majesty (which God forbid) shall refuse to assent to the Propositions, you will lose all your friends, lose the City and all the Country, and all
England
will joyne against you as one man, and (when all hope of reconciliation is past) it is to be feared, they will processe and depose you, and set up another government, they will charge us to deliver your Majesty to them, and to render the
Northren
Garisons, and to remove our Army out of
England
, and upon your Majesties refusing the Propositions, both Kingdomes will be constrained (for their mutuall safety) to agree and settle Religion and Peace without you, which (to our unspeakable griefe) will ruine your Majesty and your Posterity, And if your Majesty reject our faithfull advice (who desire nothing on earth more, then the establishment of your Majesties Throne) and lose
England
by your wilfulnesse, your Majesty will not be permitted to come and ruine
Scotland
.
Sir, we have laid our hand upon our hearts, we have asked counsell and direction from God, and have had our most serious thoughts about the remedy, but can find no other (as affaires stand for the present) to save your Crowne and Kingdomes, then your Majesties assenting to the Propositions. We dare not say, but they are higher in some things (if it were in our power and option to remedy it) then we doe approve of: But when we see no other meanes for curing the distempers of the Kingdomes, and closing the breaches between your Majesty and your Parliaments, our most humble and faithfull advice is, That your Majesty would be graciously pleased to assent to them, as the only best way to procure a speedy and happy peace; because your Majesty shall thereby have many great advantages: You will be received againe in your Parliament, with the applause and acclamations of your people: By your Royall presence your friends will be strengthned, your enemies (who feare nothing so much as the granting of the Propositions) will be weakned: Your Majesty will have a fit opportunity to offer such Propositions, as you shall in your wisdome judge fit for the Crown and Kingdome. All Armies will be disbanded, and your people, finding the sweet fruits of your peaceable government, your Majesty will gaine their hearts and affections, which will be your strength and glory, and will recover all that your Majestie hath lost in this time of tempest and trouble. And if it please God so to encline your Royall heart to this advice of your humble and faithfull servants, who (next to the honour of God) esteem nothing more precious then the safety of your Person and Crowne, Our actions shall quickly make it appeare to all the world, That we esteem no hazzard too great for your Majesties safety, and that we are willing to sacrifice our lives and fortunes for establishing of your Throne. And now, Sir, we prostrate our selves at your Majesties feet, and in the low posture of humility doe beg, That your Majestie may (in end) grant the sute of your most humble Servants and faithfull Subjects, who have no private aimes, but only the glory of God, and safety of your Majesties Person, Posterity, and Crowne before our eyes. And the granting of our desires will revive our fainting spirits:
refresh our
sad hearts, which are overwhelmed, and like to break with sorrow, and will turne the prayers and teares of the many thousands of your people, in praises to God, and make them embrace your Majesty with acclamations of joy.
FINIS.
The Speech OF THE RIGHT HONOURABLE NATHANIEL
Lord
FIENNES, One of the Lord Keepers of the Great SEALE OF ENGLAND, Made before his HIGHNESSE, And both HOUSES of PARLIAMENT: On Thursday the 27th. of
January
, 1658. Being the first day of their sitting.
Published by his Highnesse's Command
.
LONDON, Printed for
Henry Twyford
, in Vine Court, Middle Temple, 1659.
THE
SPEECH
OF THE
RIGHT HONORABLE
Nathaniel Lord Fiennes, One of the Lord Keepers of the Great Seal of ENGLAND.
My Lords and Gentlemen,
THE Wise man having proposed this Question,
What can the man do that cometh after the King
? He answered himself thus,
Even that which hath been already done
. And to the like Question at this time, What can he say that speaketh after his Highness? The like Answer may not be unfitly returned, Even that which hath been already spoken. Let me therefore crave your patience, while I eccho back again unto you the same things, which even now you have heard from his Highness; things, which cannot sound too often in your ears, because they cannot sink too deep into your Hearts; nor be too much upon your Thoughts. You see, how the most wise God, the Supream Moderator and Governor of all things, in the present Dispensation of his Providence, which we behold before our eyes, doth as it were checquer out his Work unto us, and seemeth to pave his Way amongst us in Black and White. That which represents it self unto us in a sad and black colour, is the Death of his late Highness, of famous and of blessed Memory: That which appeareth unto us with a fair and promising Aspect, is the Succession of his present Highness to the Government of these Nations, by the Appointment and Declaration of his Father, in pursuance of the Advice of Parliament, and with the general and joyful Acceptation of the People, testified by so many their most affectionate Addresses; and that from most, if not all, Counties, Cities, Burroughs, and other Societies of men, of all sorts, professions, and conditions: whereby it doth most manifestly appear, That what God spake unto them in that Dispensation, at such time as their Hearts were full of doubt, fear, and trouble, upon his late Highness his Death, was
a word fitly spoken, like Apples of Gold in Pictures of Silver
. And now that his Highness hath called this Parliament of the three Nations, he standeth at the Head of this great and most honorable Assembly, the Representative of the three Nations, and is held forth to the World as a noble piece, beset on the one side, and on the other, with most rich and precious Stones, whereby much of price, and much of lustre is added to it. It is not my business to praise the dead, much less to flatter the living: But the things which I shall represent unto you, in relation to this Alteration which of late the Providence of God hath wrought amongst us, shall be onely such Considerations as have been remembered unto you by his Highness, and such as may minister fit matter for your thoughts to be exercised about, in order to the great Consultations for which at this time you are called together.
His late Highness, you know, and the whole World knows, was a Man of War, yet he dyed in Peace, and left these Nations in Peace at home, and Victorious abroad, and they are still (Gods Name be praised for it) in Peace, and in Peace they are brought to your hands; wherein his Highnesse, and the Nations have placed great confidence, and have great hopes, and expectations that they shall be safe, and preserved in peace: a thing so well pleasing to God, who is the God of Peace, and so acceptable to these Nations, who have sufficiently testified their love to peace; and their longing after settlement: But that is not all, his late Highnesse not only left these three Nations in peace, with, in and between themselves, but also in Unity; and as it was his and the late Parliaments worthy work and care to unite these three Nations into one Commonwealth, that they might be no longer thornes in the eyes, and goades in the sides of each other, as sometimes they have been (and as
Wales
formerly was, and as other Provinces in our neighbour Nations were unto them, till they found means to incorporate them into one body, and Government:) So his Highnesse held it incumbent upon him to bring them united to, and in this Parliament, according to the practice of the late Parliaments whilst they sate, and the expresse Declaration of their intention, That all Parliaments for the future should be Parliaments of the three Nations and That there should be some Members to serve in them from, and for the three Nations; which Unity in the supream Legislative Power, doth not only serve at present to prevent a mischief, and distraction, but may also, by the blessing of God, for the future, procure a full and perfect Coalition, whereby the breaches and sufferings of many former ages will be avoided, their desires and endeavours attained, and the fears of many succeeding Generations secured, and so at length a strong triple cord twisted together, which cannot be easily broken; I say which cannot be easily broken while it remains twisted together: but if untwisted, it may not only be soon and easily broken it selfe, but after each part will serve and help to break the o ther. In the next place, that which I shall offer to your thoughts upon this Subject, is; That his late Highnesse had it much in his heart to build the House of God, with the Courts thereof, and made great Preparations for it. By the House of God, I mean the Church of God, by the Courts thereof, the true and pure Worship of God, and Justice and Judgment amongst men. This makes the outward, That the inward Court of Gods House; and to all these his late Highnesse hath made very considerable Preparations.
As first,
David
, that sweet Singer of
Israel
, was not more skilfull to beget Confort in Discord, and in tuning the severall and different strings of his Harp to a melodious Harmony, then his late Highnesse was dextrous and wonderfully successfull in keeping Love between dissenting Brethren, and preserving a Christi an Unity in a Christian and warrantable variety, which thing is a great preparation towards the building of that Spirituall House, whereof we spoke.
Another great Preparative was, The care he constantly took, that Godly and able Preachers and Ministers should be sent forth into all parts; and before they were sent out, that they should passe the test and examination of Prudent, Learned and Pious, Approvers.
A third Preparative was, The care he constantly took of the Universities and Schooles of good Learning, that those Fountains might alwayes be kept clear, and that from thence there might continually issue a pure River of water of life, as clear as Christall, proceeding from the throne of God and of the Lamb.
A fourth Preparative was, The putting of such Persons in places of Trust and Power, which would be a countenance to godly men and Godlinesse, and discountenance Atheizme and Profanenesse.
And lastly, As to the outward Court of Gods House, The Administration of Judgment, and Justice amongst men, what were his desires and indeavours, and what his care from time to time to fill the Benches with able and Learned Judges, we all know.
All these preparations, and many more, did his Highnesse make for this House, and all the materialls thereof are so fitted, and squared before hand; by the humble Petition and Advice, and other good Lawes made by the late Parliament, that, by the help of God, there will be no need of any new hammering, nor that there should be heard the noyse of any Hammer, or Axe, much less of Spear, or Sword, or any Tool of Iron, for what is to be further done in the building of this House. Such indeed that look upon the Petition and Advice with a partial and prejudicate eye, or, as it may be distorted on the one side or the other in the execution thereof, may think there hath not been a right measure taken of many things, and that there is great need of running them over again. But whosoever shall well weigh the same, and look into it with a single eye, will finde, That both our Spiritual and Civil Liberties have been squared, stated, and defined therein with a great deal of care and exactness, and that according to the true nature of Definition; That it is neither too Narrow, nor too Broad, neither too Long, nor too Short; That it hath not taken In any thing that should have been left Out, nor left Out any thing that is Essential. I say this, as to the main, That no truly Godly men need to fear Persecution, nor any wilfull Sinners, of any sort, either in Faith or Practice, hope for Impunity: That no Free men need fear to be made Slaves; nor, That any mens lawless Liberty, under pretence of making all free, should indeed make all men Slaves.
But the Legislative and Executive Powers are so stated therein, in relation to one another, and to their own parts within themselves, that neither may hinder, but each part help, the other; and that none in either might have more or less power then is necessary for the good of the whole. And yet is there still behinde a great and a glorious Work, in the location and composure of these parts, though never so well fitted. The Execution of the Law is the Life, the Complement, the perfection thereof. The application of Things to persons, and of Persons to things, and the right joynting and cementing of one part to the other, by a Spirit of love within, and establishment of due and necessary order without, will make this House to rise up into a strong, a perfect, and a beautifull structure and Fabrick amongst us; to which much of care, and many provisions will be necessary. What then remains, but that his Highnesse and both Houses of Parliament, should set about this noble work, till they have brought it to perfection. That, as is fresh in your memories, and as you even now heard from that reverend Person who was the mouth of God unto you, Mercy and Truth may meet together, and Peace and Righteousnesse kisse each other, that Christian liberty may be preserved, without unchristian licentiousnesse, that Ministry and Magistracy, may be maintained and re fined, and Learning and the Schools thereof so ordered, that they may continually supply the same; and not be as Abbies and Monastries sometimes were, either Nurseries of Vice and Idleness, or of Faction and Contention; That Godliness may be set on the Throne, and Profaneness thrown out on the Dunghil; That Law and Justice may be executed with Equity and Mercy, That neither Craft nor Cruelty may take advantage of the rigor of the Law, or of the hands of God to turn Judgment into Wormhood, and Justice into Gall: That Judgment and Justice may run down with a clear and swift Stream; and if any Rubbish, Mud, or Weeds, through length of Time, be got into the Channel, it may be cleared by such careful hands, as, in scouring the Channel, will take heed not to dig down the Banks, whereby an Inundation of Arbitrary Power and Juris diction, shall be let in upon the Nations.
In the last place, That which I shall offer to your consideration, is, That, if this Government, when it first sprang up in the hands of his late Highnesse, out of those dreadfull Confusions which had covered the face of these three Nations, was readily imbraced by them as a choice and hopefull Plant, though as yet but a tender one, and such as had but newly taken to the Soyl: with how much more reason may we now expect, that it should be enabled to encounter the sorest Stormes and Tempests, that may arise? being supported partly by its own proper Firmnesse, through the good will and liking of the People, out of the Experience they have had, of the Benefit they have recieved from it; and the Peace and Tranquillity they have enjoyed under the shadow thereof; and partly by the accession of Parliamentary Authority, both past, and to come, which it cannot but much expect, and relye upon, from time to time, and at all times, considering the great obligations that their wisdome and good affection to the welfare of these Nations, and the Law, by their oaths, and otherwise, hath laid upon them in this behalf: So that it being so well rooted downwards, and so well grown upwards, though possibly the boughs and branches thereof may be a little shaken sometimes, and moved one while this way, and another while that way, yet there will be no danger of the trees falling, by Gods grace, unless we have so far provoked his justice by our ingratitude in general, and in particular for the mercy we have, and may still further enjoy (if it be not our own faults) under this Government, that he shall suffer a Spirit of division to run through the principal parts thereof, that they fall one from another, and so at length fall one upon another, and so at last fall down all together, and then be trodden under foot, and that on all hands, and on every side, and with them the peace of these Nations which they enjoy at home, and the honor and renown which they have gained abroad; than which they never had more then at this day, both far and near. But what speak I of the honor of men, when as the honor of God, and the safety and prosperity of his Churches and people, both here, and throughout all Christendome, doth so much depend upon the peace and consistency of these nations at this time, as in truth they do, as much, if not more, than on all the Nations in the world besides?
This is a great word which I have said, but it is a true one, and if the present state, and posture of affairs throughout the whole Christian world, be well weighed, and considered, it will be found that this is no swelling vaunt, but a well measured truth. And because it is so, no doubt the grand Enemy of our Peace, because he is the grand Enemy of God, and his Church, will be very busie at this time, with all his instruments, and will cast many mists before our eyes. He is a spirit of darkness, of error, and mistakes, that he may become a spirit of mis-understanding and division, and he is a spirit of division, because he delights in war and blood-shed, the natural consequencies thereof; for he was a murtherer from the beginning: But we are not ignorant of his arts, and wiles, and whatever fair and beautiful shapes he appears in at the first, yet if we examine him to the bottome, from top to toe, we shall at length discover him by his divided, and dividing foot; and thence take warning to a void him. We have also a wholsome, and Divine Council to preserve us from falling into his snare: That is, to hold the unity of the spirit, in the bond of peace. What is that bond of peace? In a Moral sense, it is that triple knot of true love and good understanding between His Highness and the two Houses of Parliament. In a politique consideration, it is the constitution of our Government, whereby we have another triple Cord, besides that of the three Nations united into one Commonwealth,
viz.
the constitution of their Supreme Legislative power, consisting of a single Person, and two Houses of Parliament; which Cord, while it is kept well twisted together, will be a great strength to it self, to the Nations, and to the people of God in these, and all our neighbouring Nations round about us. But if once it begin to unravel, and the two ends fall one from another, and from the middle, all will run to ruine. Therefore be very careful to hold fast the bond, and beware of all such as shall be picking at the knot, under what colour, or pretence soever, yea though they promise never so much, and undertake to binde it up so fast, and in a better fashion then it was before. This tying and untying of the bond, and continual seeking after new fashioned knots, hath put these Nations to much trouble, and into more danger. It is good to hold what we have, till we are sure to meet with that which is better; And of all fashion knots, the Nations will be worst satisfied with a Bowe knot, a sliding, a slip knot, which will be alwayes fast and loose, which every touch at either end will dissolve, and leave the Nations always at uncertainty, always in unsettlement. But the knot which takes in both ends, the top and the bottome, and joyns them fast together, and to the middle with a treble knot, and wherein each part helps to fasten the other, and the drawing of either end, draws all nearer and closer together; this will make a fast knot, a knot (by Gods blessing) like to hold, and to continue. And surely were there no other consideration but this (give me leave to repeat it, though I have said it once before) this alone were sufficient to make us keep close together, at this time, because we cannot fall in pieces, as things now stand abroad, but the whole Protestant interest, throughout the whole world, is like to fall asunder also with us.
For if we well consider how the Princes, and States in
Germany
, both the
Upper
, and the
Lower
, and in the Northern parts of
Europe
, begin to state their interest otherwise, and to take a different measure of their Confederacies, and alliances, then formerly they have done, We shall finde upon the matter but one single bar that is considerable, to check the growing power of the
Austrian
family in those parts, whereunto it cannot long make head, without support and help from others, and from whence onely, any that is considerable can be expected, is not hard to judge. I shallnot need to minde you of that which more nearly concerneth you (for it so nearly concerns you, that you cannot but be sensible of it) I mean the present condition of Affairs, in relation to the
Sound
and
Baltick Sea
, and the great Forces both by Sea and Land, that look that way: And how far, and how soon this may bring to the Stake all the Materials wherewith your Walls must be upheld, (I say your best Walls, and the best in the world, though Woodden ones) I leave to your consideration: And how critical this very Spring may prove to the saving or losing of your Stake. Onely this I shall say, should your Wings be once clipped in that kinde, when you shall get up again to the pitch where now you are, none but he onely, who onely (and that too in an extraordinary way) can help you up again, he onely can tell. On the other side, for the other branch of the House of
Austria
, (which sometimes hath been, and may soon be again the terrour and jealousie of the whole world) you know what Ballance it onely hath, and upon what ticklish terms it now stands, and what friends he hath made, and what he further hopes to make of old Enemies; and what advantages he hath, and still further hopes to make of them; not onely to your prejudice, and the endangering of your ruine, but of those themselves also in the end, whose helping hands, by inticements of present advantages, he endeavours to draw to his assistance, in the pulling down of their own out-works, and best Supports. It is true, he hath suffered some Breaches, and received some Wounds of late: but how soon, by the help of that vast Treasure, which he drawes continually from the
Indies
(if he may bring it still quietly home) he may repair those Breaches, and heal up those wounds again, who doth not see? Some things are fitter for your thoughts, then your ears; therefore this I shall onely say in general, that the opportunities which you have had, and yet in part have, to put your Interest, and that of your best Friends, in some measure in safety, may soon be lost, (if they be not already upon the Wing) and then it may never be in your power to recover them again.
Therefore His Highness maketh no question, but that you will take these things into your speedy and serious consideration, and that you will think timely of the means of Defence and Offence in order thereunto.
The late Parliament having engaged in this War, very honourably made some considerable provisions to carry on the same, I say considerable with respect to our little World, out of which they were to be raised; though not proportionable to that great World, and those vast Territories and Dominions whereof our Enemy is possessed; and whereupon they vaunt themselves, that the Sun doth never set. But our comfort also on the other side is, that he that is our Sun doth never set, and he that is our shield will never fail us.
You will receive a particular Accompt, from those under whose Survey and care those things are, of the state of the publique Revenue, and of the Forces both by Sea and Land, your inward and outward Walls under God; and as good as any in the world. But as all things which are good are also costly, so can it not be expected but that the charge of them should be great.
His Highness hath assured you, that the Army (I speak of the forces both by Sea and Land in the three Nations) is a good and faithful Army, and will be ready to engage in every good thing and action, whereof no man either ought, or need to make question. His Highness hath further told you, that they are a patient Army, and when you see the Accompt of their Arrears, that will be out of question; and without all question, God hath used them as singular instruments of his honor, and of the honor of these Nations: And as
England
by Gods mercy is now enlightned in the knowledge of the truth, it would well near venture a starving, (though God be praised that is not its case) then it would starve such an Army, in such a Cause, wherein the honor of God and of the Nation shall be concerned. This I think I may adventure to say in general, that our preparations are not greater, then our Neighbors, though our Concern is every way as much, or more then theirs; neither are our debts grea ter then theirs, though we have had more occasion of expence, or full as much every way: And if our in-come had answered the foot of Accompt, which the last Parliament went upon in their intended supplies, we had not increased much (if at all) the debt of the Commonwealth, neither had we exceeded our bounds, or not so much (by Gods blessing on our designs) as we have inlarged its bounds and Territories; and that also, so advantagiously, as not onely the danger of Hostile invasion, and Trade-destroying Pyracie is set at a further distance from us, but also much Honor abroad, together with safety and advantage at home, is thereby accrued unto these Nations.
Before I conclude, I must again reiterate that which runs so much in my minde, because it lies so much upon my heart; That upon the issue of your Counsels, and the Peace and consistency of these Nations at this time, doth very much, if not wholly depend, the life, and the breath of all the hopes of all the expectations of the Churches of Christ, throughout the World. Since then there is so great a trust reposed in you, so great a Price put into your hands, lay your hands upon your hearts, and lift your hearts up to Heaven, where your help, where our hope lies. His Highness hath fully expressed His high esteem of Parliaments, and His judgement of them, that they are the most adequate and commensurate Councils, to matters of so great and so high importance, and He doth as firmly resolve, that they shall injoy all those great Freedoms and Priviledges which have been granted unto them, in order to those great ends; and His hope and prayer to Almighty God, is, that they may be made use of by you to those great and blessed ends, that all the Three Nations; yea, that all the peo ple of God every where, may rise up all together and bless you, and that you may be blessed, and your names be a blessing to this and all succeeding Generations.
This is all that I have in charge from his Highness to say unto you, saving what particularly relates to the Members of the House of Commons: That they should repair to their House to chuse their Speaker.
FINIS.
THE
WORLD'S MISTAKE
IN Oliver Cromwell; OR, A short Political Discourse,
SHEWING
, That CROMWELL'S Mal-administration, (during his
Four Years
, and
Nine Moneths
pretended Protectorship,) layed the Foundation of Our present Condition, in the Decay of
Trade
.
LONDON
, Printed in the Year MDCLXVIII.
THE WORLD'S MISTAKE IN Oliver Cromwell, &c.
OF all the Sins, that the Children of Men are guilty of, there is none, that our corrupt Natures are more inclinable unto, than that of
Idolatry
, a Sin, that may be towards Men, so well as other Creatures, and things; For, as that which a Man unmeasurably relyes, and setts his Heart upon, is Called his GOD, even as that which he falls down before, and worshippeth: so, when one hath the Person of another in an excess of admiration, whether for Greatness or Richness, &c. which we are subject to adore, we are said to Idolize him; and therefore the wise
Venetians
, who, of all men, are most Jealous of their Liberty, Considering that as the nature of Man is not prone to any thing more than the Adoration of Men, So nothing is more destructive to Freedom, hath, for preventing the Mischiefs of it, made it unlawfull, even so much as to mourn for their Duke at his death; Intimating thereby, that their Felicity and Safety depends not upon the uncertain Thred of any one Man's life; but upon the Vertue of their good Laws, and Orders, well executed, and that they can never want vertuous Persons to succeed: and how do such Principles in men, lead by little more than Moralitie, reprove those, who have a great measure of Gospel-light, for their senseless excess, in their adoring the remembrance of
Cromwell
. For as the Objects of Idolatry are mistaken Creatures, or things, proceeding some times from self-love, so well as other Causes, So the undeserved approbation, and applause, that
Cromwell's
memory seems to have with his Adherents, amounting to little less, than the Idolizing of him, appears to me, to be the product of an excessive Veneration of Greatness, and a selfish Partiality towards him; for that the more honour is given to him, the more prayse they think will consequently redound to them, who were his Favourites; and they fortifie themselves herein, with the Credit they say he hath abroad, though there is little in that, because the opinion that Strangers have of him, may well be put upon the accompt of their ignorance, in the Affairs of
England
, which Travellers do finde, to be so great, even amongst Ministers of State, as is to be admired. And now as this Error in Idolizing
Oliver
hath two moral Evils in it, (besides the sin in it self:) The one, a reflection upon the present times, as if the former were better than these; And the other, the unjust defrauding the
Long Parliament
of that which is due to them, to give it Idolitrously to him, to whom it doth not belong; I esteem it a Duty incumbent upon me, to discover the Mistake. I am not insensible, that I shall by this, draw the envye of those upon me, who, being Jealous of their Honour, will be angry for touching them in their
Diana
; but knowing my self clear, from the Vices of envying Vertue in any, how contrary soever he may be to me in Judgment, so well, as from being unwilling to allow every one their due Commendations, I will cast my self upon Providence, for the success of this Paper; And in reference to
Cromwell's
Government, and the present times, make some Observations relating to both, and, in order thereunto, shew,
First, That the original cause of the low condition that we are now (in relation to Trade) reduced unto, had its beginning in
Olivers
time, and the foundations of it, layed, either, by his ignorant mistaking the Interest of this Kingdome, or wilfully doing it, for the advancement of his own particular Interest.
Secondly, That his time, for the short continuance, had as much of oppression, and injustice, as any former times.
Thirdly and lastly, That he never in his later dayes, valued either honour or honesty, when they stood in the way of his ambition, and that there is nothing to be admired in him (though so much Idolized) but that the partiallity of the world, should make him so great a favorite of ignorance, and forgetfullness, as he seems to be.
When this late Tyrant, or Protector, (as some calls him) turned out the Long Parliament, the Kingdome was arrived at the highest pitch of Trade, Wealth, and Honour, that it, in any Age, ever yet knew. The Trade appeared, by the great Sums offered then for the Customes and Excise, Nine hundred thousand pounds a year, being refused. The Riches of the Nation, shewed it self, in the high value, that Land, and all our Native Commodities bore, which are the certain marks of opulencie. Our Honour, was made known to all the world, by a Conquering Navie, which had brought the proud
Hollanders
upon their Knees, to begg peace of us, upon our own Conditions, keeping all other Nations in awe. And besides these advantages, the publick stock, was Five hundred thousand pounds in ready Money, the value of seven hundred thousand pounds in Stores, and the whole Army in Advance, some four, and none under two months; so that though there might be a debt of near Five hundred thousand pounds upon the Kingdom, he met with above twice the value in lieu of it.
The Nation being in this flourishing and formidable posture,
Cromwell
began his Usurpation, upon the greatest advantages imaginable, having it in his power to have made peace, and profitable Leagues, in what manner he had pleased withall our Neighbours, every one courting us then, and being ambitious of the friendship of
England
; But as if the Lord had infatuated, and de prived him of common sense and reason, he neglected all our golden opportunities, misproved the Victory God had given us over the
United Netherlands
, making peace (without ever striking stroak) so soon as ever things came into his hands, upon equal tearms with them. And immediately after, contrary to our Interest, made an unjust Warr with
Spain
, and an impollitick League with
France
, bringing the first thereby under, and making the latter too great for Christendome; and by that means, broke the ballance betwixt the two Crowns of
Spain
, and
France
, which his Predecessors the Long Parliament, had alwayes wisely preserved.
In this dishonest Warr with
Spain
, he pretended, and indeavoured, to impose a belief upon the world, that he had nothing in his eye, but the advancement of the Protestant Cause, and the honour of this Nation; but his pretences, were either fraudulent, or he was ignorant in Forreign affairs (as I am apt to think, that he was not guilty of too much knowledge in them) For he that had known any thing of the temper of the Popish Prelacie, and the French Court pollicies, could not but see, that the way to increase, or preserve the reformed Interest in
France
, was by rendring the Protestants of necessary use to their King, for that longer than they were so, they could not be free from persecution, and that the way to render them so, was by keeping the ballance betwixt
Spain
and
France
even, as that, which would consequently make them usefull to their King: But by overthrowing the ballance in his Warr with
Spain
, and joyning with
France
, he freed the French King from his fears of
Spain
, inabled him to subdue all Factions at home, and thereby to bring himself into a condition of not standing in need of any of them, and from thence, hath proceeded the persecution that hath since been, and still is, in that Nation, against the reformed there; so that
Oliver
, instead of advancing the reformed Interest, hath by an error in his Polliticks, been the Author of destroying it.
The Honour and Advantage, he propounded to this Nation, in his pulling down of
Spain
, had as ill a foundation: For if true, as was said, that we were to have had
Ostend
, and
Newport
, so well as
Dunkirk
(when we could get them) they bore no proportion in any kind, to all the rest of the King of
Spains
European Dominions, which must necessarily have fallen to the French Kings share, because of their joyning, and nearness to him, and remoteness from us, and the increasing the greatness of so near a Neighbour, must have increased our future dangers: But this man, who through ignorance, is so strangely cryed up in the world, was not guilty of this error in State only, but committed as great a solecisme, in his designing the outing of the King of
Denmark
, and setting up the King of
Sweden
: For had the
Sweeds
, but got
Copenhagen
, (as in all probability had
Oliver
lived, they would have done) they had wanted nothing of consequence, but the Cities of
Lubeck
and
Dantzigge
, (which by their then potencie, they would easily have gained) of being Masters of the whole
Baltick
Sea, on both sides, from the Sound or mouth down to the bottome of it; by which, together with all
Denmark, Norway
, and the
Danes
, part of
Holstein
, which would consequently have been theirs (they then having as they still have the Land of
Bremen
) there would have been nothing, but the small Counties of
Ouldenburge
, and
East-Friezland
, (which would easily have fallen into their mouths) betwixt them, and the
United Netherlands
, whereby
Sweeden
, would on the one side to the North, and
North-East
, have been as great, as
France
on the other, to the South, and South-West; and they two, able to have divided the Western Empire betwixt them.
And whereas, it had in all Ages been the policies of the Northern States and Potentates, to keep the Dominion of the
Baltick
Sea, divided amongst several pettie Princes and States, that no one might be sole Master of it; because otherwise, most of the necessary Commodities for shipping, coming from thence and
Norway
, any one Lord of the whole, might lay up the shipping of
Europe
, by the walls, in shutting only of his Ports, and denying the Commodities of his Country to other States.
Cromwell
contrary to this wise Maxime, endeavoured to put the whole
Baltick
Sea into the
Sweeds
hands, and undoubtedly had (though I suppose ignorantly) done it, if his death had not given them that succeeded him, the Long Parliament, an opportunity of prudently preventing it: For if he had understood the importance of the
Baltick
Sea to this Nation, he could not have been so impolitick, as to have projected so dangerous a design against his new
Utopia
, as giving the opening and shutting of it to any one Prince. I am not ignorant, that this error is excused, by pretending that we were to have had
Elsinore
and
Cronenburge
Castle, (the first, the Town, upon the narrow entrance of the
Baltick
, called the Sound, where all Ships Rides, and payes Toll to the King of
Denmark
; and the latter, the Fortress, that defends both Town and Ships,) by which we should have been Masters of the Sound, and consequently of the
Baltick
; but they that knows those Countries, and how great a Prince the
Sweed
would have been, had he obtained all the rest, besides these two Bables, must confess, we should have been at his devotion, in our holding of any thing in his Countries: And further, if the dangerous consequence of setting up so great a Prince, had not been in the case, it had been against the Interest of
England
to have had an obligation upon us to maintain places so remote, against the enmity of many States and Princes; and that for these reasons:
First, because the ordinary Tolls of the Sound, would not have defrayed half the charge, and to have taken more than the ordinary Tolls, we could not have done, without drawing a generall quarrel upon us, from most of the Princes, and States of the Northern parts of
Europe
.
Secondly, because the experience of all former times sheweth us, that foreign acquisitions, have ever been Chargeable, and prejudicial to the people of
England
, as Sir
Robert Cotton
makes it clearly appear, That not only all those Pieces of
France
, which belonged to us by rightfull succession; but also those we held by Conquest, were alwayes great burthens to our Nation, and cause of much poverty and misery to the People. And it is not our Case alone, to be the worse for Conquests, (although more ours, than other Countries, because of the Charge and uncertainty of the Windes and Weather in the Transportation of Succours and relief by Sea, which contiguous Territories, which are upon the Maine, are not subject to,) but the Case also of (I think I may say) all other Kingdoms. In
France
, their burthens and oppressions have grown in all ages, with the greatness of their Kings; Nay, even after their last peace with
Spain
, by which they had given them peace with all the world, besides many places in the
Spanish Netherlands
, and
Catalonia
into boot: Upon which the poor people promised themselves (though vainly) an unquestionable abatement of Taxes; instead of that, they found their pressures increased dayly, and their King, though overgrownly great and rich himself, yet the people so poor, that thousands are said to dye in a plentifull year, for want of bread to their water, nothing being free there, but fresh water and aire; For (except in some few priviledged places) wherever they have the conveniencie by their Situation of Sea-water, (least they should make use of the benefit of that, which God and Nature hath given them, for saving the charge of Salt,) every family is forced to take so much Salt of the King, at his own rate, (which is above ten times the price it is sold for to strangers, for transportation) as is judged they may spend in a year; the Lord deliver all other Countries from their example. In
Sweden
, that King, Court, and their Military Officers, are the better for their Conquests, in
Germany, Denmark, Russia
, and some places antiently belonging to
Poland
; but the Commons the worse:
Spain
is undone, by the great number of people sent thence to the
WestIndies
, which hath depopulated the Country,
France
reaping more benefit by keeping their people at home to Manufactures, than
Spain
doth by sending theirs abroad for Silver and Gold; and now, though by these instances it may appear to be the Interest of the people of other Nations, so well as ours, to live in peace, without coveting additions; yet it is more our true Interest, (because, by reason of our Situation, we have no need of Forreign Frontier Towns, our Ships well ordered, being better than other Princes bordering Garrisons) than any other Kingdoms to neglect especially
Europian
acquisition, and colonies, and apply our selves:
First, To the improving of our own Land, of which we have more than we have people to manage.
Secondly, To the Increasing our Home and Forreign Trades, for which we have natural advantages above any other Nation.
Thirdly and Lastly, (by our strength which Trade will increase) To make use of it, together with the helps that God and Nature hath given us in our Situation, and otherwise, in keeping the Ballance amongst our Neighbours; For if the Province of
Holland
, which is but Four hundred thousand Acres of profitable ground, is by the benefit of Trade able to do so much, as we experienced the last Warr, what might we do, if Trade were improved, who have much more advantages for it, than they have: I ascribe what was done by the
Netherlands
in the late Warr to the Province of
Holland
; because, that though the Provinces are seven in number,
Hollands
due proportion of all charges, is 58 1/3 in a hundred, to all the others 41 2/3 of which 41 2/3,
Holland
gets little more than 20. honestly paid them, insomuch, that it alone may be reckoned to bear four fifths in a hundred, to one fifth that all the other six bears; and how prodigious a thing is it, that
Holland
, no bigger than as before mentioned, should be able to Coap with
England, Scotland
, and
Ireland
; and that though their Charges in the late Warr was abundantly greater than ours, yet by their good management, to be so little the worse for it, that at the conclusion of the Warr, to have their Credits so high, that they could have commanded what Money they had pleased at Three in the Hundred, and all this by the meer additional benefit of Trade and good Order; and how by
indiscreet neglecting of Trade, and choosing Warr when he was in Peace, did he miss the true Interest of
England
, as by his ill founded designs, he did the Interest of the Reformed Religion; For if he had succeeded in his unjust Invasion of the Spanish Territories in the
West-Indies
, (as God seldome prospereth dishonest under takings) it being intended for a State acquisition, the benefit would not have been desusive, but chiefly to himself and Favorites, and prejudicial to the people in generall, though at the expence of their substance, the acquests would have been made: For had he met with so much success in the gaining those Countries, and in them, that plenty of Gold and Silver as he vainly hoped for, we should have been as unhappy in them (in the depopulating of our Countries, by the loss of the multitude of people that must have been sent thither, and in impoverishing our Nations by the vast charge of a continual Warr) as
Spain
is, and to no other end, than the making of him only Rich, able to Inslave the remaining people, and to make himself absolute over them; for the preventing of which, in such Tyrants as
Cromwell
, surely
Moses
had an eye, when he said that they should not greatly multiply Silver and Gold. And thus, as
Cromwells
designs must, to an impartial Judgement, appear to have been laid, some dishonestly, others impolitickly, and all contrary to the Interest of the Kingdome, so the Issue of them was dammageable to the people of
England
: As,
First, in his sudden making a Peace with
Holland
, so soon as he got the Government, without those advantages for Trade, as they who beat them did intend to have had, as their due, and just satisfaction for their Charges in the War.
Secondly, in his War with
Spain
, by the losse of that beneficial Trade to our Nation, and giving it to the
Hollanders
, by whose hand we drave (during the War) the greatest part of that Trade which we had of it, with 25. in the hundreth profit to them, and as much losse to us.
Thirdly, by our losse in that War with
Spain
, of 1500
English
ships, according as was reported to that Assembly, called
Richards Parliament
.
Fourthly, in the disgracefullest defeat at
Hispaniola
that ever this Kingdom suffered in any age or time.
Fifthly, and lastly, in spending the great Publick stock he found, and yet leaving a vast Debt upon the Kingdom, as ap peared by the Accompts brought into
Richards Assembly
; which had, (I believe) been yet much higher, but that they who under him managed the Affairs, were a sort of People who had been long disciplin'd, (before his time) to a Principle of Frugality, and against Cheating; though at cousening the poorer People, for their Masters benefit, some of them were grown as dexterous, as if they had been bred in the Court of
Spain
; For besides imposing
Richard
upon the People, after his Fathers death, by a forged Title, according to the very Law they took to be in being, when by his Assembly, they were ordered to bring in an Accompt of the Receipts, and payments of the Kingdom; they made about Sixty thousand pounds spent in Intelligence, whereas it cost not above Three or Four thousand at most; and calculating the rest by these, it may well be concluded, that they were expert in their Trades.
It is confessed, that
Olivers
Peace and League with
France
, was upon honourable Articles; but as the tottering Affaires of
France
then stood, much more could not have been sooner asked, than had; For
Mazerine
, being a Man of a large and subtle wit, apprehending the Greatness of
England
at that time, which was then dreadfull to the World, and the Vast advantages
France
would have in pulling down, by their help, of
Spain
, granted him, not onely any thing for the present that he demanded, but disregarded also, even his Parties making their boasts of the awe he had him under, Considering, that when
Cromwell
had helped him, to do his Work, in bringing under the House of
Austria
, and therein casting the ballance of Christendom on his side, he should afterwards have leisure to recover what then he seemed to part with; And though nothing is more ordinary, than to hear Men bragg, how
Oliver
Vapoured over
France
, I do esteem
Mazerine's
complying with him, for his own ends, to be the Chief piece of all his Ministry; For by that means only, and no other, is his Master become so great at this day, that no Factions at home can disturb his Peace, nor Powers abroad frighten him, Which is more than any King of
France
, since
Charles
the Great, could say; And when his Neighbour Nations have (too late I fear) experienced his Greatness, they will finde cause to Curse the ignorance of
Oliver's
Politicks; and therefore, when a true measure is taken of
Cromwell
, the approbation that he hath in the World, will not be found to have its Foundation in sence or reason, but proceeding from Ignorance, and Atheisme: From Ignorance, in those that takes all that was done by him, as a Servant, and whilest under the direction of better Heads, than his own, to be done by him alone; And from Atheisme, in those that thinks every thing lawfull that a man doeth, if it succeed to his advancement; But they that shall take an impartial View of his Actions whilest he was a Single Person, and at liberty to make use of his own Parts without controll, will finde nothing worthy Commendations, but cause enough from thence to observe, that the wisedom of his Masters, and not his own, must have been that by which he first moved; and to attribute his former performances, whilest a Servant, (as is truly due) to the Judgement and Subtilty of the Long Parliament, under whose Conduct and Command he was. And now from
Cromwells
neglecting to live in peace, as if he had pleased he might have done with all the World, to the great enriching of this Nation; The improvement of our Victory over
Holland
in his peace with them, His being the Cause of the losse of our Spanish Trade, during all his time, Of the losse of 1500 English ships in that War, besides, by it, breaking the Ballance of
Europe
, Of the expence of the Publick Stock and Stores he found, with the contracting a Debt of Nineteen hundred thousand pounds, according to his own accompt, (which, for ought I know he left behinde him, but am apt to think the Debt was not altogether so great, though made so to his Sonne
Richard's
Assembly, as a means to get the more Money from the poorer people:) And lastly, of the dishonourable overthrow we met with at
Hispaniola
, It may well be Concluded that he lay the Foundation of our present want of Trade, to what we formerly enjoyed; and that the reason why his miscarriages were not sooner under observation, is, be cause our Stock of Wealth and Honour at his Coming to the Government, being then unspeakably great, stifled their appearance, untill having since had some unhappy additional Losses, they are now become discernable as first Losses to a Merchant, who Concealedly bears up under them, are afterwards discovered by the addition of second Losses, that sincks him: When I contemplate these great Failings, I cannot but apprehend the sadd Condition any people are in, whose Governour drive on a distinct contrary Interest to theirs; for doubtless
Cromwell's
over-weening Care to secure his particular Interest, against His Majesty, (then abroad) and the Long Parliament, whom he had turned out, with a prodigious Ambition of acquiring a glorious Name in the World, carried him on to all his Mistakes and Absurdities, to the irrepairable losse and dammage of this famous Kingdom.
To prove the second Assertion, That
Oliver's
Time was full of Oppression and Injustice, I shall but instance in a few of many Particulars, and begin with
John Lilburne
, not that I think him in any kinde one that deserved favour or respect, but that equal Justice is due to the worst so well as best men, and that he comes first in order of time.
1.
John
in 1649. was by Order of the then Parliament tryed for his Life, with an intent (I believe) of taking him away, but the Jury not finding him Guilty, he was immediately, according to Law, generously set at liberty by those, that had quarrell enough against him. This Example in the Parliament of keeping to the Laws in the Case of one, who was a professed implacable Enemy to them, ought to have been Copied by
Cromwell
; but in the contrary, to shew that there was a difference betwixt his and his Predecessors (the Long Parliaments) Principles, when the Law had again upon a second Tryal (occasioned by
Oliver
) Cleared
Lilburne
, the Parliaments submitting to the Law was no Example to him; For, contrary to Law, he kept him in Prison, untill he was so far spent in a Consumption, that he onely turned him out to dye.
2ly. Mr.
Conyes
Case is so notorious, that it needs little more than naming: He was a Prisoner at
Cromwells
Suit, and being brought to the Kings Bench Barr by a
Habeas Corpus
, had his Counsell taken from the Barr, and sent to the
Tower
for no other reason, than the pleading of their Clients Cause; an Act of Violence, that I believe the whole Story of
England
doth not parallel.
3ly. Sir
Henry Vaine
, above any one Person, was the Author of
Olivers
Advancement, and did so long, and cordially Espouse his Interest, that he prejudiced himself (in the opinion of some) by it, yet so ungratefull was this Monster of Ingratitude, that he studied to destroy him, both in Life and Estate, because he could not adhere to him in his Perjury and Falseness. The occasion he took was this, He appointing a Publick Day of Humiliation, and seeking of God for him, invited all Gods People in his Declaration, to offer him their advise in the weighty affairs then upon his shoulders: Sir
Henry
taking a rise from hence offered his Advise by a Treatise, called
The Healing Question
; But
Cromwell
, angry at being taken at his word, Seized, Imprisoned, and indeavoured to proceed further against him, for doing only, what he had invited him to do; and some may think, that Sir
Henry
suffered justly, for having known him so long, and yet would trust to any thing he said.
4ly. In
Richards
Assembly, certain Prisoners in the Tower, under the then Lieutenant, and some sent thence to
Jersey
, and other places beyond the Sea, complained of false Imprisonment. Their Goaler was sent for, and being required to shew by what Authority he kept those persons in hold, produceth a Paper all under
Olivers
own Hand, as followeth.
Sir, I pray you seise such and such Persons, and all others, whom you shall judge dangerous men, do it quickly, and you shall have a Warrant after you have done.
The nature of this Warrant was by
Richards
Assembly debated, and having first
Richards
own Counsells opinion in the Case, as Serjeant
Maynard
, &c. they Voted the Commitment of the Complainants to be Illegall, Unjust, and Tyrannical; and that first, because the Warrant by which they were Committed, was under the hand of the then (as they called him) Chief Magistrate, who by Law ought not to commit any by his own Warrant. Secondly, because no Cause was shewn in the Warrant; And Thirdly, (in the Case of those sent out of the reach of a
Habeas Corpus
, which in Law is a Banishment) because no English-man ought to be Banished by any less Authority than an Act of Parliament. And therefore, for these reasons, they Voted farther, that the Prisoners should be set at Liberty without paying any Fees, or Charges, but the turning out, and punishing the Lieutenant by the Assembly (for obeying so unjust a Warrant) was prevented by their sodain dissolution.
5ly. The Tyrany in the decemating a party restored to common Priviledges with all others, and the publick Faith given for it, by a Law made to that end, by the then powers in being, is sufficiently shewed in the mentioning of it, only there is this aggravating Circumstance in it, That
Cromwell
, who was the principal Person in procuring that Law, when he thought it for his advantage not to keep it, was the only Man for breaking it: But to the honour of his first Assemblie, next following, it may be remembred, that they no sooner came together, than like true English-men, who are alwayes jealous of the Rights and Priviledges of the people, damned the Act of Decemation as an unjust and wicked breach of Faith.
The third Assertion of
Cromwell's
knowing no honesty, where he thought his particular Interest was concerned, is made good; First (though therein he mistook his Interest) in his odious and unjust Warr with
Spain
, without the least provocations, meerly out of an ambitious and covetous design of robbing that Prince of his Silver and Gold Mines, and because he judged it for his Credit to disguise his unlawfull desires, he proceeded in it, by imploying his Creatures in the City, to draw the Marchants to complain of Injuries done them by
Spain
, and to Petition for Reparations; but by a cross Providence, his Project had a contrary Success; for instead of answering his seekings, the Marchants remonstrated to him, the great prejudice that a Warr with
Spain
would be to
England
, and shewed, that that King had been so farr from Injuring us, that he had done more for Compliance and preventing a Breach with
England
, than ever he had done in favour of any other Nation; But when
Oliver
saw his Method would not take, he called the Remonstrators Malignants, and begun the Warr of his own accord, in which, he was highly ingratefull in designing the ruine of that Prince, who all along had been most faithfull to his Party.
Secondly, His Falseness and Ingratitude, appeared superlatively in turning out his Masters, who had not only advanced him, but made themselves the more odious by their partial affection towards him, and in his doing it, with the breach of a positive negative Oath, taken once a year, when made a Counsellor of State, besides the breach of all other Ingagements, Voluntary Imprecations Protestations, and Oaths, taken frequently upon all occasions in Discourse and Declarations; and yet further (when he had turned them out) and left them void of Protection, and exposed them to the Furie of the people, in pursuing them with false reproachful Declarations, enough to have stired up the rude multitude to have destroyed them, wherever they had met them.
Thirdly, His want of Honour, so well as Honesty, appeareth, yet further, in that having by a long
series
, of a seeming pious deportment, gained by his dissimulation, good thoughts in his Masters, the Long Parliament, and by his Spiritual gifts, winded himself into so good an opinion with his Souldiers, (men generally of plain breeding, that knew little besides their Military Trade, and Religious Exercises) that he could impose, in matters of business, what belief he pleased upon them; he made use of the credit he had with each, to abuse both, by many vile practices, for making himself popular, and the Parliament and Army odious to one another; and because the Artifices he used are too many to innumerate, I shall but instance in some few; As his slie complaining Insinuations against the Army to the Parliament, and against them to the Army: His being the chief Cause of the Parliaments giving rewards to his Creatures, and then, whispering Complaints amongst his Officers, of their ill Husbandry: His obstructing the House in their business, by long drawling Speeches, and other wayes, and then complaining of them to his Souldiers, that he could not get them to do any thing that was good: His giving fair words to every one, without keeping promise with any, except for his own advantage, and then excusing all with forgetfullness: And his deserting his Major Generalls, in their decimations, crying out most against them himself, when he only had set them at work, because questioned by his Assembly, is not to be forgotten,
&c.
I would not be understood, to remember any thing here, in Favour of the Long Parliament, for what might be Wicked in him, might be Just as to them; And though, if what he did, had been for the Restauration of his Majesty, he might have been excused, yet being for his own Single Advancement, it is unpardonable, and leaves him a Person to be truly admired for nothing but Apostasie & Ambition, and exceeding
Tyberius
in dissimulation. I am not ignorant, that some thinks it matter of praise in him, that he kept us in peace, four years, and nine months; but that hath little in it, his Majesty having done the like, almost double his time, since his Return, with one fifth part of that number of Souldiers which he Commanded; though he, hath also had the trouble of pressing, and sometimes forcing Uniformity in Religion which he found under several Forms; whereas
Oliver
, kept the Nation purposely divided in opinions, and himself of no declared Judgement, as the securest way of ingageing all severall perswasions equally to him; which Artifice, together, with his leaving the Church Lands alienated as he found them, were all the true Principles of Policie that I know of, which he kept unto. The Honesty of these Principles, I referr to the judgement of every mans Conscience; but if we may judge of things by experience and success, they seem to have been very happy in the world; For in comparing the Condition of the Protestant Countries at present, to what they were in times of Popery, we shall find them abundantly more considerable now, than formerly; for in taking a true Survey of the Reformed Dominions, we shall discover them to bear no proportion at all in largeness, to the Popish, and that there is nothing, that keeps the Ballance betwixt the two parties, but the advantage that the first hath, in being free from the Bondage of the Church of
Rome
, and the latters being under it; For as the Church of
Romes
mercies, are (by their Principles) Cruelties, so had they power answerable to the naturall richness of the Soyl of their Countries, and extent of their Territories, they would long ere this have swallowed up the Protestant Churches, and made Bonefires of their Members; but as God, in his Mercy and Wisdome, hath by his Over Ruling Hand of Providence, preserved his Church; so for the Romish Churches inabilitie to effect that which they have will, and malice enough to carry them on to do, there are these natural reasons.
First, There being generally of the Popish Countries, above one Moyetie belonging to Churchmen, Monks, Fryars, and Nunns, who like Droans, spends the Fat of the Land, without contributing any thing to the good of mankind, renders them much the less considerable.
Secondly, Marriage being forbidden to all these Sorts, and Orders, occasions great want of people every where, (they being uncapable of any Children but those of darkness) except in
France
, which is an extraordinary Case, proceeding partly, by not being so subject to
Rome
, as other Countries of that belief are; but especially from the Multitude of Protestants, that are among them.
Thirdly, The blind Devotion of these People, carrying them on to vast expences, in the building, and richly adorning of many needless and superfluous Churches, Chapells, and Crosses,
&c.
with the making chargeable Presents by the better, and Pilgri mages by the meaner sort, to their Idolls, keeps all degrees under.
Fourthly, The many Holydayes, upon which, the labouring man is forbidden to work, adds much to their poverty.
But Fifthly and Lastly, The vast number of begging Fryars, who living Idly, and purely upon the sweat of other mens brows, without taking any labour themselves, makes it impossible, for the lower sort of people, who thinks they are bound in Conscience to relieve them, ever to get above a mean Condition; Now whosoever shall seriously weigh and ponder these Circumstances, under which the Popish Countries lyes, and consider the Reformeds advantage in being free from them, must confess it the less wonder, that the Evangelical Princes, and States, with their small Dominions, compared to the others great, are able to bear up against them; and now as the alienation of Church-lands, the turning out the Romish Vermin, the Priests, Monks, Fryars, and Nunns, (who devour all Countries where ever they come) and freedom from the Popish Imposition upon Conscience, hath mightily increased the greatness of the Protestant Princes, and States, to what they antiently were, and the not doing the same in the Popish Countries, keeps those Princes under; so, even amongst the Reformed, where the Church Lands are most alienated, and Liberty of Conscience most given, they prosper most, as in
Holland
, and some parts in
Germany
, with other places. And on the contrary
Denmark
, where Church Lands are least alienated of any of the Reformed Countries and the City of
Lubeck
, where, of all the free Imperial Cities of
Germany
Liberty of Conscience is least given, they thrive least in both places. And I think it will also hold, that as this famous Kingdome, in the times of Popery, was in no measure so formidable as now it is; so before the Restauration of our Hierarchie to their Lands, their hoording up the money which before went in Trade, and their discouraging and driving into corners the industrious sort of people, by imposing upon their Consciences, it flourished more, was richer, and fuller of Trade, than now it is; And I dare undertake to be a Prophet in this, That if ever any Protestant Countrey, should be so farr forsaken of the Lord as to be suffered to turn unto Popery, these Observations will be made good in their visible losse of the Splendor, Riches, Power, and Greatness, that they now know.
Had
Cromwell
been a Person of an open prophane Life, his Actions had been less scandalous; but having been a Professor of Religion, they are not to be pleaded for, neither can it be consistent with Religion to palliate them which have been of so much offence, and (as may be feared) made so many Atheists in the World; And I cannot but stand amazed, when I hear him extolled by some, not ignorant of his Practises, knowing in Religion, and (as I hope) fearing God.
Now I will suppose, I may be suspected to have been injured, or disobliged by
Oliver
; but I can with Truth affirm, I never received either Good or Evil from him in all my Life, more than in Common with the whole Kingdom (which I think may be allowed to render me the more a Competent Judge in his Case;) and that I am so farr from being moved unto this, out of any quarrel to him, that, as I have here mentioned, some few of many Injustices, and State-errors, that he was guilty of in his short time, If I were conscious of any thing more, during his Protectorship, worthy applause, than I have here mentioned, I should not envy it him, but freely remember it; and if any think I have not said enough on his behalf, and too much to his disadvantage, I have this for my Buckler, that I wish I could have said more for him, and had known less against him; professing, that besides what I have here hinted, I am wholly ignorant of any one Action in all his Four Years and Nine Moneths time, done either wisely, Vertuously, or for the Interest of this Kingdom, and therefore that I am none of his Admirers, I ought to be pardoned by my Readers.
Much more might be said upon this Subject, but this may suffice to shew, that if
Mazerine
(at the hearing of
Olivers
death) thought he had then reason for calling him a Fortunate Fool, if he were now living, he would finde more Cause for it,
Cromwell's
Lott, as to Reputation, having been exceedingly much greater since his death, than whilst he was in the World: And that from forgetfulness of his impolitick Government, (from whose Entrance we may date the commencement of our Trades decay;) And (through want of memory) in mens giving to him the Cause of our former Wealth and Prosperity, which truly belongeth to others. But what opinion soever
Mazerine
may have had of
Oliver
, he was without all peradventure a Person of more than ordinary Wit, and no otherwise a Fool than as he wanted Honesty, no Man being wise but an Honest Man.
FINIS.
A LETTER TO Sir Thomas Osborn, One of His Majesties PRIVY COUNCIL, Upon the reading of a BOOK, called,
The present Interest of
England
Stated
.
LONDON
: Printed for
Henry Brome
, at the Gun in S.
Pauls
Church-yard, near the West-end, 1672.
A
LETTER
TO Sir Thomas Osborn, One of His Majesties Privy Council, Upon the Reading of a Book, called,
The present
Interest
of
England
stated
.
I Have read over the Book you sent me, entituled,
The present Interest of
England
stated
, and shall deliver you impartially my opinion of the Author's judgment. I had done it sooner, could I have believed the giving you so much trouble would admit of an excuse. But if at any time my sending you these Papers can be pardonable, it is now, when we are engaged in a War against the Dutch, since the Argument upon which they are written, is the subject of common discourse. In the first place, I shall take notice, that this Author treats of our Domestic Affairs, not only more rationally, but more like a man concerned for the good of
England
, than he does of our Interests abroad: For then, instead of examining calmly, how far the friendship of other Countries would at this present be useful to us, he falls into passionate expressions of kindness for the
Hollanders
; as if our principal design in seeking
Foreign Alliances
, ought not to be the encrease of our wealth and power, but the finding out humors in another Nation that please us, and the being civil to those with whom we have been longest acquainted. This is a mistake so general amongst us, that I dare not find much fault with it, for fear of being censur'd my self; having observed in most of our discourses upon things of this nature, that though we ought to be in earnest only for our selves, yet out of our extraordinary zeal for some other Country, the debate between us commonly ends in our being ready to go to cuffs one with another.
I fully agree with him, that it is the interest of the King of
England
, to make himself head of the Protestants, and that he should do it, not by being violent for any one Sect, but by taking generally into his Protection all Christians whatsoever, that will not submit to the Government of the Church of
Rome
. I also approve of his stating the true interest of
England
to be Trade, of his observation of some of our customs which are useful to it, of his Proposals of new Laws to be made for the advance of it, and of the necessity of having some enlargement given to people in matters of Religion; for whoever considers the advantage
England
has by its situation, above the rest of the whole world, as to matters of Trade, cannot choose but conclude, that all Traders would desire to live here, if our Laws did not make it uneasie to them.
In a word, I differ from him in none of his Maxims relating to our interest at home, and therefore he ought to take it the less ill of me, if I cannot agree with him in all his notions concerning our Alliances abroad. Thus far I am of his opinion, that we ought to keep a good correspondence with
Spain
, that we should hinder the ruin of
Flanders
, and that we are to use our utmost endeavours to preserve the command of the
Baltick
Sea from falling absolutely into the hands, either of the King of
Denmark
, or the King of
Swedeland
. I do also believe, the interest of the Hollanders and ours, as to that point, is the same; but why therefore we should be so far transported, as not to care what prejudice they do us in other matters, is a piece of Policy I do not very well understand, neither do I see the consequence why even as to that end, the Dutch must needs be so powerful at Sea, as they are now; for if they were less considerable in shipping, it would not be less their interest to keep the Dominion of those Seas divided, nor less in their power to effect it, by joyning their Forces with ours. In the beginning of his Book, he rightly states the Interest of
England
to be Trade; but when he comes to his Politicks, he recommends to us in the first place, and as the main point of which we ought to be most careful, that we should be friends with the Dutch, and study their Interest, because they are Traders: never considering that the same reason which should make us endeavour the growth of Trade in our own Countrey, must of necessity oblige us to do all we can to obstruct it in another; and that the strength of his Argument in plain English, is no more than this, That because we love Trade, therefore we ought to love those that take it from us. Had the Author been a Lover, instead of a Politician, he would have known, that Rivals are the things in this world, which men commonly do, and ought most to hate. He goes on and tells us, that it would be of dangerous consequence to
England
, if the French King should gain any Towns in
Holland
, because then he would ruine their trade: How right soever he may be in this notion, he is mistaken at least in his reason, for it were certainly better for us, if no people in the world traded by Sea, but our selves.
He says, that if the Hollanders and we were joyned, we might both together be very considerable. That cannot be denyed; but what Reason have we to believe, they ever will joyn with us to our Advantage? except it be that they never have done so yet, and that it has been their constant Practice to massacre and make Slaves of our Countreymen in the
East-Indies
, at the same time they amuse us with fair Promises at home. A Humanity to which they owe more the Greatness of their Possessions in those Parts, than to any other Virtue, for which the Author of this Book can justly commend them.
He says, that their being industrious and parsimonious is not a good Reason why we should dislike them; as if we ought to observe the same Rules between us and other Nations, which we are bound to keep amongst our selves. The true Aim of every
English
Man should be the Good and Prosperity of
England
; for that Reason Industry and Parsimony are to be wished for in the Inhabitants of
England
, because they are Qualities advantageous for us, and useful to our Trade: but for the same Reason, they ought not by us to be wished for in the Inhabitants of
Holland
, because those Qualities in them are prejudicial to
England
, and destructive to our Trade. In short, we may love particular men for what Reasons we please, but the measure of our Love to other Nations ought to be only their being useful to ours. I do not from hence infer that because of their Parsimony we ought to do them Injustice, but on the other side, I see no Reason why we should receive any from them, because they are a niggardly People.
He enters then into a great Admiration of their Morals and Justice, the contrary of which he would certainly have been convinced of, if he had lain but one Night in any Inn of their Countrey. It is true, that almost the whole Nation being Merchants or Tradesmen, every ones Endeavour to undersell his Neighbour, is the Cause why in the Shops things are sold at a pretty cheap Rate; but for this we are to thank their Necessities, and not their Morals, nor their Justice.
The Author in one place touches a little upon the Necessity of inviting all Princes whatsoever into the Triple League. A Maxim much in vogue with some, who looking very grave, do therefore take it very ill, if for that Reason, you will not allow them to be infallible. To make appear the Profoundness of which Notion, it is necessary that I explain a little what the Triple League is:
The
Triple League
was made between the King of
England
, the King of
Swedeland
, and the States of
Holland
, when the
French
King had entred
Flanders
with a very powerful Army. The Design of this League was to induce the
French
to make a Peace with the
Spaniard
, upon such terms as should be proposed to them by the Confederates of the Triple League; and that they might the easier bring this to pass, they were forced to offer such Conditions as were not altogether for the King of
Spain's
Advantage, though such as preserved the greatest part of
Flanders
in his Possession.
At the same time the Confederates made Articles amongst themselves to help one another, in case any of them should be invaded, for having made the Triple League, ei ther by the
French
King, the King of
Spain
, or by any of their Allies.
Upon this followed the Treaty at
Aix la Chapelle
, where the
French
and the
Spaniards
accepted of the Articles delivered to them by the Confederates of the Triple League, and the Confederates became their Guaranties or Sureties for the Performance of those Articles on both sides. This being the State of the matter, it is very true, we may admit other Princes into the Guaranty of the Peace, but to say, we should invite them into the Triple League, which enforced the Peace, is as much as to say, we should desire their Conjunction in order to the making of a Peace, which had been already concluded several years before; and that, if you mark it, is such a kind of Figure in Discourse as commonly is called a
Bull
.
Besides, we were then forced to agree to several Articles both with the
Swedes
and the
Dutch
, which it would not be for our advantage now to make with the Emperor or the Princes in
Germany
: it being no Consequence, that because the
Swedes
, the
Dutch
, and we did mutually engage to assist one another, upon our own Charge, at a time when we were afraid the
French
might invade us; that therefore now when we are in no such dan ger, we should promise to help any other State or Prince, except they will pay us very well for it. They might consider too, if they please, that we are a little nearer
Flanders
than
Hungary
; and that it is not altogether so difficult for us, to transport our men to the other side of the Water, as it would be to make them march into the farthest Parts of
Germany
, as often as it should happen to be invaded by the Great
Turk
; and that the Emperor should claim our Assistance, because the Great
Turk
is one of the King of
France
his Allies. Observe I beseech you, the prettiness of this Politick Gradation, and the Consequence of it, if it were put in Practice: Because we have thought it fit to defend our Neighbours in
Flanders
, we must therefore presently march into the Empire, to defend there some who are not our Neighbours, nor indeed within the Reach of our Protection. Now I would very fain know by this Rule of theirs, when our poor Countrey-men should hope to be at Rest? For the same charitable Reason would lead us on as well to the farthest Parts of
Europe
, nay of the whole World, if these Politicians could but catch us once in a good humour. I must confess, if it be our Ambition to gain the Name of
Peace-makers General
, without any Consideration, either of our own Interest or Profit in the case, then this were the readiest way to compass that End: but if we will look back into the Examples of former Ages, we shall find, though many Nations have gone a great way for Conquest into Foreign Parts, yet that never any before went so far out of the way to defend their own Countrey.
There is another Conception of this kind insisted upon by some, as a matter of very great weight, which is, that now we must not fall out with the
Dutch
upon any Provocation, because that would be a Breach of the Triple League. This (under favour) is an Absurdity yet greater than the former, there being no one thing you can allege as a Consequence to any other thing whatsoever, that will not make every whit as sensible a Conclusion as this. For Example, to say, that you ought not to go to Bed to night, because the King of
Spain
did not go yesterday a hunting; or that I must not dine to morrow, because
Monsieur de Wit
loves dancing, is not a more incoherent Discourse, than that because we have promised with the
Dutch
to save
Flanders
from the
French
, therefore what Injuries soever the
Dutch
shall offer us, we cannot defend our selves against them. The Argument, if you mark it, is just thus, that because I agree with
William
to save
Thomas
, therefore I am bound to let
William
cut my Throat. If those good men that start these Notions, would instead of
instructing
others, but take the Pains sometimes to
think
themselves, they would find that Self-Preservation ought to be look'd after a little in these kind of Affairs; And that if the Consequence of the Loss of
Flanders
did not somewhat concern us, we should be no more in pain about it, than we were for the Conquest of
Granada
.
I shall now take upon me to state the Interest of
England
, and begin as this Author does, though I differ with him in the Conclusion.
The undoubted Interest of
England
is
Trade
, since it is that only which can make us either
Rich
or
Safe
; for without a
powerful Navy
, we should be a
Prey
to our
Neighbours
, and without
Trade
, we could neither have
Sea-men
nor
Ships
. From hence it does follow, that we ought not to suffer any other Nations to be our
Equals
at
Sea
, because when they are once our
Equals
, it is but an even Lay, whether they or we shall be the
Superiours
. And it would not be a stranger thing that the
Dutch
should come to be so from what they are now, than it is, that they are arrived to what they are now, from what they were in Queen
Elizabeths
time. I shall add to this one Observation, which in my Opinion is very clear:
That
England
has never been so considerable since her time, as it was then, and yet it is much more so in it self, the Kingdom of
Scotland
being now joyned to the Crown of
England
, which it was not before. If you enquire into the reason of this, you will find it to be, because we are not now so absolutely the
Masters at Sea
, as we were in those times: for though we have at present more, and better ships, and a far greater trade than we had then, yet we have of neither so much a larger proportion, in respect to other Nations, as we had at that time. The Dutch who were then but
a company of Fishermen
, being now both in
shipping
and
trade
very near our
equals
, and if you will take their words for it, our
Superiours
. And without doubt it is a vain thing for us to pretend to be a ballance between any considerable powers at Land, so long as we are thus equally ballanced at Sea by the Dutch. This it self methinks, should be sufficient to make us not very well pleased with the change of our condition; but our case has yet in it
a
further consideration, that we are by this means in a perpetual danger of being conquered. For though the Dutch alone cannot do it, yet by joyning with
France
they may, and it is that which a considerable party amongst them has been labouring for these many years. To this it is objected, that it can ne ver be the interest of
Holland
to joyn with
France
in the conquest of
England
; but for ought we know they may mistake their interest, and certainly it is not wisdom in any Nation, to have its
safety
depend upon the
prudence
of another: Besides, it does not appear to me, that it is not the interest of
Holland
to have
England
conquered by them and the French: For first, they may make such a division of
England
, as to keep to themselves the most considerable parts in it for trade, and being Masters of the French at Sea, they will be sure to make their party good with them in an Island. In the next place, those parts of
England
which should fall to be under the French, would be inconsiderable as to matter of Trade; that, and their
Arbitrary
way of Government, being
incompatible
one with another. And the reason is plain, for there are few that will put out their money upon this double adventure, of losing it at Sea, or having it taken from them when it comes home again. Besides, the nature of the English is so averse to the Government of
France
, and our Religion so different from theirs, that if
England
should happen thus to be conquered, they would be likelier to close with the Dutch, than become subject to the French. All the Trading men would live under the Dutch, and by consequence they would have all the rich Towns, and it is no difficult matter to determine what influence those Towns would have over the rest of the whole nation. For the very same reasons, if ever
Holland
should be in danger of a conquest, by the conjunction of the French and us, the Dutch would rather choose to become part of our Government, then submit themselves to the power of
France
. Against this I have heard some say, that because we endeavour to obstruct their Trade, the Dutch will never joyn with us: But those Gentlemen do not consider, that upon our conjunction all such endeavours would cease; for it would then be as much our interest, to promote their trade, as the trade of any other part of
England
. Another Argument which I have met with upon the same subject is, That the fear of us would force the Dutch to accept of conditions from the French: But upon a true examination of the matter, there will be found in the practice of it this difficulty, that the French will not trust to what the Dutch shall promise, without having such a power given them in their Country, as may force them to keep their words; and the Dutch will hardly trust the French with that power, lest it should be made use of to their prejudice, whether they keep their words or no. In short, the usual course that all men take, when they are no longer able to defend their own Government, is to choose what is next best for them. So that the natural question, if that should happen, must necessarily be, Whether, considering our
Laws
, and the
Situation
of our
Country
, the proffer of a
Coalition
with
England
, would not prove more acceptable, and more advantageous to a trading people, than any
Terms
they can expect from the
French
. The Sea Towns at least would fall to be our share: And then, though the French should be Masters of the rest of the whole States Dominions, we should have no reason to complain of our part in the Division. Nay, supposing the worst, that we should be so ill advis'd, as to let the French take all, and leave us nothing; yet, even in that case, the French King would rather make their
strength
at
Sea inconsiderable
, by their being subject to him, than his own more formidable, by his being their Master. For the power of
Holland
depends upon two things, their
Parsimony
, and their
Liberty
.
By their Liberty, they are encouraged to trade, and by their Parsimony, they are enabled to do it cheaper than any other people. Both which would certainly be destroyed by the
profuseness
of the French living, and the
Severity
of their Government.
I do not pretend, that all this is as plain, as that
two
and
two
make
four
, it being impossible to use that certainty of reasoning in things of this nature: but thus far I dare affirm, that no man can be assured, but that some time or other the Dutch may take it to be their interest to joyn with
France
in the conquest of
England
; for which reason, I lay it down as a maxime, That we must never give them leave to be our
equals
at
Sea
.
In the next place, I think it our interest to preserve
Flanders
from being over-run by the French, lest that might prove of a dangerous consequence to us. But no apprehension of danger, ought to frighten us into a certain ruine; and therefore at the same time we are securing others by the Triple League, we may be allowed at least, to take some care of our own safety; for if whilst we labour to save the Crown of
Spain
, we suffer the Dutch to rob us of our trade, we shall make in my judgement, but a very ill bargain for our selves; and the world would have just cause to believe, the Dutch are our
Masters
already in point of
understanding
, if they could impose upon us so silly a notion, as that we should employ our
strength
to support their Government, and let them use their
Arts
to cut off the Sinews of ours.
I told you at first the reason why I send you now these Papers, and if you find any thing in them with which you cannot agree, I shall be so far from being angry at your differing from my opinion, that you will do me a favour in convincing me to be of yours; being very much perswaded, it is better for a man to be
really
in the right, than to have it only
thought
he is so, either by himself or other people.
My aim in this is, that the Interest of
England
may be throughly
search'd
out; and I can truly say for my self, I never yet had any design, but what I believed was for the
Honour
, the
Greatness
, and the
Prosperity
of this
Nation
.
FINIS.
THE Royal Apology: OR, AN ANSWER TO THE
Rebels Plea
:
WHEREIN, The most Noted
Anti-Monarchical TENENTS; First
, Published by DOLEMAN the
Jesuite
, to promote a Bill of EXCLUSION against
King JAMES. Secondly
, Practised by BRADSHAW and the
Regicides
in the actual Murder of
King CHARLES
the 1
st. Thirdly
, Republished by SIDNEY and the
Associators
to
Depose
and
Murder
his Present
MAJESTY
, Are distinctly consider'd. With a PARALLEL between DOLEMAN, BRADSHAW, SIDNEY and other of the
True-Protestant
PARTY.
LONDON
, Printed by
T.B.
for
Robert Clavel
, and are to be sold by
Randolph Taylor
, near
Stationers-Hall
. 1684.
TO THE READER.
IN the Year 1594. the Jesuit PARSONS published
a Conference
under the name of
DOLEMAN
. The Design of which
Pamphlet
, as every one knows, was to promote
a Bill of Exclusion
against King JAMES.
And though the Jesuites malice was herein defeated, as to the Person of that
King
; yet how much it influenc'd the Sufferings of his
late Majesty
, is a sad story to repeat. For he who shall peruse the many virulent
Libels
, which first occasion'd, and then fomented that unnatural
Rebellion
; he will easily be instructed how that
Conference
was Transcribed and Transprosed by the
Patrons
of the
Faction
: And to speak in our Modern Language, he cannot but observe, That the
Popish DOLEMAN
is the Oracle of the
TRUE-PROTESTANT
Party.
Now that this may not be rejected as a slandering Design, only to make them odious to Authority, as is commonly Objected; I have here drawn for the Readers satisfaction, a short PARALLEL between
Doleman, Bradshaw, Sidney
and some others. Upon perusal of which it will plainly appear, that the Jesuites Principles, as managed by
Bradshaw
and the
Regicides
, did cut off the Head of King CHARLES the first.
And since the same Principles have been transcribed by the
Brethren
of the
ASSOCIATION
; we have just reason to suspect the same
Practices
likewise: And that those who defend the Murder of King
CHARLES
the first, would doubtless,
if they had Power in their Hands
, Depose and Murder King
CHARLES
the Second.
If any
Republican
shall think fit to doubt that the following Discourse is either
Partial
or
Unconcluding, i.e.
that I have either said something that is
false
, or else have omitted in any Instance, the very
Strength
of their
Cause
, let him make known his Grievance. And I do here faithfully promise, upon such notice given, I will (through Divine Assistance) endeavour his Satisfaction.
THE CONTENTS.
THe Occasion of this Treatise,
Which Consists
Of an Objection
and its Answer
Containing these Particulars
, viz.
The Government of
England
not a mixt Monarchy
The King not one of the
three
Estates
In what sence the King of
England
is an Absolute Monarch
And how he is Limited
That known saying of BRACTON
Lex facit Regem
how to be understood
That other controverted Passage,
Rex habet Superiorem, Deum & Legem, etiam & Curiam
largely considered
Of the Coronation Oath
Of the Kings Prerogative
THE
Royal Apology
: OR, AN ANSWER TO THE
Rebels PLEA
.
ALthough the
Kings
Title to his
Crown
and Dignity, together with his just Right and Authority,
over all Persons and in all Causes
, are beyond Exception establish'd, by the Ordinance of God, and the known Laws and Constitutions of these Kingdoms; yet so far hath
Prejudice
, or something worse, prevail'd with some Men (and those not of the meanest Rank) as to suffer themselves to be led into a Belief.
That the Original of all Government is from the People
; and that the Power which
Kings
and Princes have, was derived unto them from the
People
by way of
Pact
or
Contract
. Particularly, That the King of
England
(as appears from his
CoronationOath
) having solemnly engaged to his People, to maintain Religion, to execute Justice, and to keep the Laws and rightful Customs of the Kingdom; upon these Conditions was admitted to the Kingly Power. The which Conditions if he shall omit to observe (and of this they themselves will be Judges) they then fancy, that he hath forfeited his
Crown
; and that the
People
who first made him
King
may, by their
Representatives
in Parliament, dethrone and
Depose
him.
That this is the Scheme of some Mens Policy, the many Treasonable Papers, such as,
The Association,
Vox Populi
, Appeal to the City, Coll.
SIDNEY'S Papers,
&c.
together with the late
horrid Conspiracy
grounded thereupon, do sufficiently demonstrate.
And therefore I hope it will be no unseasonable
Undertaking
; but may, through Gods Blessing, contribute somewhat to secure the King's
Liege-People
in their due Obedience, whilst I endeavour to evince the Falseness and destructive Consequences of these
Anti-monarchical
Principles.
Which that I may the more effectually, and with the greater clearness perform, I shall first lay down the utmost Strength of their Cause in one intire
Objection
, and then endeavour their satisfaction in the following
Answer
.
OBJECTION.
THE Government of England is a mixt Monarchy, consisting of
Three Estates
King, Lords and Commons: And therefore the King of
England
is not an Absolute, but a limited Monarch; and as Such is to govern by, and according to, the Laws of the Land, and not otherwise: And by the Oath which he hath taken at his Coronation, he is obliged to use the Power, Trust and Office then committed to him, for the Good and Benefit of the
People
, and for the preservation of their Rights and Liberties.
Now if the King, thus entrusted to keep the
Laws
, and preserve
Religion
, should be guilty of a wicked Design, to subvert our
Laws
, and destroy our
Religion
, by introducing an arbitrary, Tyrannical Government; he must then understand, that he is but an Officer of Trust: And the
Parliament
of
England
(the Representatives of the
People
, in whom all Power doth originally reside) they are to take order for the Animadversion and Punishment of such an offending Governor.
Parliaments
were ordain'd to restrain the exorbitant Power of
Kings
, and to redress the Grievances of the
People
.
It is very true, what some have said,
Rex non habet parem in Regno
. But this is to be understood in a limited Sense: For though
major singulis
, yet he is
minor universis
. This we know to be
Law
, from that famous
Lawyer BRACTON
:
Rex habet Superiorem, Deum & Legem, etiam & Curiam
.
Which is thus Interpreted by Mr. SIDNEY.
For this Reason
Bracton
saith; That the
King
hath Three Superiors, to wit,
Deum, Legem & Parliamentum
; That is, The Power originally in the
People
of
England
, is delegated unto the
Parliament. SIDNEY'S
Tryal, pag. 23.
That is, as I conceive, the
Sum
of all that
hath
been, and the utmost of what, I suppose,
can
be said in this matter. To which I return this
ANSWER.
THAT this Phrase a
mixt Monarchy
, though somewhat frequent in the Mouths of these Men, is yet no very plain or intelligible Expression.
For, if by a
mixt Monarchy
, they design such a Government, wherein though the
Surpream
Power may reside in one
single
Person, yet the Monarch is so limited in the Execution of that Power, that he cannot legally perform several Acts of Soveraignty without the Concurrence of his Subjects (as with us here in
England
, the King neither makes LAWS, nor doth raise
Taxes
without his
Parliament
) If this be the utmost they design, when they call
England a mixt Monarchy
; then, though the Expression is very improper (an
arrand Bull
, a flat Contradiction
in adjecto
) yet where we are agreed in the
Thing
, we shall not contend about
VVords
; but may safely grant, that in this Sense, as now explain'd,
The Government of England is a mixt Monarchy
.
But if by a
mixt
they denote such a
Monarchy
, wherein though the Style and Title of King, together with some Ceremonious Appendices of Royalty, as
Cap
and
Knee, Guards
, &c. are indeed invested in One single Person, yet the
Supreme Power
and
Soveraignty
is not solely and intirely in the
Monarch
, exclusively to all others (as with us here in
England
, say these Men, the Soveraignty by way of
Coordination
, is partly in the
King
, partly in the
Lords
, and partly in the
Commons
, and for this reason they are styled the
Three Estates
of the Kingdom) if this be their Notion of a
mixt Monarchy
(as most plainly it is, if
Actions
may interpret
Intentions
) it is then not only false and absurd, but dangerous and destructive. And therefore in this Sense we do peremptorily deny;
That the Government of England is a mixt Monarchy
.
For,
The
Supreme Power
is solely in the
King;
and consequently the
King
is not, by way of Coordination, One of the
Three Estates
,
but the
HEAD
and
Soveraign
of them all
.
In order to this Conviction, the
Dissenting Republican
, who denyes this Truth, may please to consider,
That he who shall desire to inform himself rightly, where the
Supreme
Power in any
Government
is plac'd; as also by whom, how and how far such
Power
hath from time to time, been either
exercis'd
or
restrain'd
; he must of necessity have recourse to the
Publick Laws
and
Constitutions
of such Government. Particularly here in
England
, he who designs to be truly instructed in this matter; he must not receive his notice from the Discourses of
private
men (which are many times fallacious, partial and uncertain) but he ought to consult the Known Laws and Statutes those
Authentick Records
of the Kingdom.
Now the
Oath of Supremacy
, establish'd by several Parliaments, doth expresly Declare;
That the Kings Highness is the only Supreme Governor of this Realm, and of all other his Highness Dominions and Countries, as well in all Spiritual or Ecclesiastical Things or Causes, as Temporal
.
Words as plain and intelligible as the Wit of Man could devise.
From whence 'tis obvious to make this Inference;
That if the King is
Supream
, then he hath no
Superior
; if
only
Supream, then no
equal
. If
over all
Persons (and as such the
55th. Canon
enjoyns us to acknowledg him in our Prayers) then
All
Persons in these his Realms, and all other his Dominions and Countries, are
subordinate
or
Subject
unto him, and if
subordinate
, then none of them, either
severally
or
joyntly
are
coordinate
with him.
Now is it possible, after so plain and express a Determination, for any Man to doubt;
That the Supream Power is solely in the King
? I observe it is possible: For, some Men who will not be satisfy'd with Reason, do thus urge.
That the Oath of
Supremacy
, being expresly levell'd against the Usurpations of the
Church
of
Rome
, was consequently so fram'd as to discover those who are
Popishly
affected.
For, the Persons taking that Oath are obliged only to Declare; That they Re nounce all Foreign Jurisdictions:
i.e.
They do swear; That the
King
of
England
is no Feudatory Prince, and that he holds not his
Crown
in
Fee
, either from the
Pope
, or any
Foraign
Power whatsoever. But what is all this, say these men, to the
Parliament
? Or, how come this Oath to be urg'd against the Jurisdiction of the
two Houses
? Since in those very Statutes in which this Oath is enjoyn'd, the
Legislative
Power (which doubtless is the
Supream
Power) is expresly Established in the
Parliament
, as well as in the
King
, in these Words.
Be it Enacted by the Kings most Excellent Majesty, the Lords Spiritual and Temporal and the Commons in this present Parliament assembled, and by the Authority of the same.
Lords Spiritual and Temporal and the Commons do
Enact
joyntly with the King, and therefore have a
Coordinate Power
.
To which it is thus Reply'd.
That when this Oath of
Supremacy
was first framed, the
Pope
being then the most noted Usurper, was for that reason more particularly mention'd than any other; but from thence to infer.
That it was design'd, by way of
Test
, to discover
Those
, who are
Popishly-affected
, is a very great Mistake.
For, the Supremacy of the Kings of
England
, being the chief
Prerogative
of the
Crown
, was always challeng'd and maintain'd by
V. 27. Ed. 3. c. 1. 3 R. 2. c. 3. 7 R. 2. c. 12. 16 R. 2. c. 5. 2 H. 4. c. 4. 6 H. 4. c. 1. 24 H. 8. c. 12. 25 H 8. c. 19. 26 H. 8. c. 1. 37 H. 8 c. 17. Parl. 2. l. Mar. c. 1.
Popish
Princes as well as
Protestant
,
1 Eliz. c. 1. 5 Eliz. c. 1. 13 Eliz. c. 2.
as appears by these several
Statutes
here mention'd in the
Margent
.
The Intent then of this Oath was not to discover who are
Papists
, but in plain Terms, who are
Traitors
: And therefore let Mens Pretences to Religion be otherwise what they will; if by scrupling this
Oath
, they refuse to give assurance to the
Government
, that they will be honest and loyal, they are to be esteem'd, if not
Traitors
, yet at least
Trayterously
affected.
And whereas they further urge, That the
Coordinate
Power of the
Parliament
is no way condemn'd by this Oath; which only takes notice of a
Foraign
Usurpation; They are for their satisfaction, desired to consider,
That, since
rectum est Judex sui & obliqui
, Domestick Usurpation is hereby excluded as well as Foreign: The Soveraignty of the
People
as well as of the
Pope
.
And as to that which is pleaded from the Form of the Statute,
by the Authority of the same
, as if the
Lords
and
Commons
did by
their
Authority, make and enact Laws joyntly with the King; To this I do humbly Answer, That this Expression, if duly consider'd, doth not in the least favour the
Republican
Fancy of a
Coordinate
Power.
Which I shall best express to
vulgar
Capacities (for whom this Discourse is chiefly design'd) thus faithfully by representing the Matter of
Fact
.
Although the
Legislative
Power is
solely
in the King, yet His
Majesty
doth not make Laws, without the concurring Advice and Approbation of his Subjects: For the King, like other Men, being mortal and of limited Capacity, is neither
omniscient
nor
omnipresent
. He cannot be in all Parts of his Dominions at one and the same time, and consequently can no otherwise be acquainted with the Grievances of his Subjects, but by the Reports of others.
To supply this Defect, he calls whom he pleaseth (such as he thinks able and faithful to assist and direct him) to be of his
Privy Councel
; whose advice he takes in the Execution of those Laws which are already Establish'd.
But since all human Laws are liable to Defects (for it is the sole
Prerogative
of Gods Law, as being the result of Infinite Wisdom and Goodness, to be
exceeding broad
; to be fitted to all times, and to answer all occasions) it is therefore sometimes necessary that
new
Laws should be made, and the
old
ones either abrogated and null'd; or else reinforc'd with greater Penalties.
In such Cases, according to the happy Constitution of these
Nations
, the King summons his
Great Council
; the High and most Honourable Court of Parliament; The
Lords Spiritual
, the
Lords Temporal
and the
Commons
; Representing the
Three Estates
of the Kingdom; Who coming from all Parts of the Nation, are best able to inform His Majesty of the Grievances of his Subjects; and by what Ways and Methods they may most suitably be redress'd.
In order hereunto; when any Proposal, or as we phrase it any
Bill
, hath pass'd the Approbation of the
Two Houses
; it is then humbly presented to the
King
for his
Royal Assent
. Which if His Majesty thinks fit to grant, then
Le Roy le veult
, makes it a Law: But if the King shall dislike the Bill, he then rejects it, with a
Le Roy ne veult
, the King will not pass it; or else in that more obliging Form of Denyal,
Le Roy avisera
, the King will consider or advise about it.
This is the plain matter of Fact. From whence 'tis very easie to understand, what this Form of words,
By the Authority of the same
doth import,
viz.
not of the
same Lords and Commons
(as if either
Lords
or
Commons
had an Authority contradistinct from, or coordinate with, the
King
) but by the Authority of the
same Parliament
.
The which
Parliament
, as Sir
Edw. Cooke
Instit. part 4. Cap. 1. p. 1.
informs us, consisteth of
The Kings Majesty, sitting there as in his Royal Politick Capacity, and of the Three Estates of the Realm
, viz.
The Lords Spiritual, the Lords Temporal and the Commons
. So that in Propriety of Speech, neither the
Lords
nor
Commons
(though in a vulgar Sense, and to some
purpose
purposes, they are sometimes so called) I say neither
Lords
nor
Commons
strictly and properly are a Parliament without the
King
; who
summoning
them by his
Writs
; and
presiding
over them as their
Head
, animates and informs them, and makes them a
Legal Parliament
, who otherwise, without the
Royal Summons
, would be no better than an unlawful and
riotous
Convention.
The
Lords
and
Commons
have indeed an Authority, to meet and sit and debate as a
Parliament
; But they have this Authority
solely
from the
King
, and not from
Themselves
or from the
People
: For, the King
Calls
them when he pleaseth, and so makes them a Parliament; and he
Dissolves
them when he thinks fit, and so makes them none.
Again, The Lords and Commons have an
Authority
, but not to
Enact
or make Laws (for the Words,
Be it enacted
refer only to the
King
) but to
advise
and
consent
to such Laws as shall be made by the King: And therefore this Phrase,
Be it enacted by the Kings most excellent Majesty, the Lords Spiritual and Temporal, and the Commons in this present Parliament assembled
, &c. hath an
Ellipsis
in it; and is to be read thus. Be it
enacted
by the Kings most Excellent Majesty, by the
Advice
and with the
Consent
of the Lords Spiritual and Temporal and the Commons in this Parliament assembled,
&c. Advice
and
Consent
though for Brevities sake they are not always express'd, yet are still to be understood.
And for the Truth of this, I appeal to the
Form
of our
antient
Statutes (as also to some modern ones) and that not only in the
Title
, but also in the
Preface
and
Sanction
of them. For till the time of
Henry
VIII. the words
Advice, Assent
or
Consent
were never omitted. As appears from the Statutes themselves, to which recourse to be had.
From these Premises it plainly appears,
That the Supreme Power is solely in the King
; and, That the
Two
Houses of Parliament are (not Partners in the Government but) his most Dutiful and Loyal Subjects; as in all their
Petitions
most truly they do stile themselves. And that this Form in our Statutes,
By the Authority of the same
, when rightly understood, doth neither give them Title to make
Laws
, nor perform any other Act of Soveraignty, which may countenance this Fancy of a
Coordinate Power
.
The next Pretence of these
Republican Politicians
(which I find they often urge in vindication of the late
Rebellion
) is this;
That the King is One of the Three Estates
; and from hence they infer: He hath but
One
share in the Government; and that the other
Two
are Co-partners with Him.
The which
Suggestion
being apparently
False
, I shall need to say the less in it's
Confutation
, especially being so happily prevented by a late Learned Head,
viz. The Grand Question concerning the Bishops Right
, &c.
The judicious Author of which Treatise having first premised;
That the
whole Parliament
assembled, are the best Judges, which are the
Three Estates in Parliament
; and that their Authority is more to be valued, than that of any particular Persons, whether
Lawyers
or others; He then, in many Instances, informs us from the Parliament
Rolls
and publick
Records
of the Kingdom; That the
Three
Estates are the
Lords Spiritual
, the
Lords Temporal
and the
Commons
.
In these Records we read of Impeachments made
before the King, and all the Estates of the Realm
.
R. 2.
Of Commissions appointed
by the Peers and Lords Spiritual and Temporal, and the Commons of the Kingdom, representing all the States of the Kingdom
.
R. 2.
Of such and such things,
advised and appointed by the Authority of the King, assenting the Three Estates of this Realm
.
6 H. 6. n. 24.
The Duke of
Bedford
appear'd in Parliament
before the King and the Three Estates of this Realm
.
11 H. 6. n. 10.
In the Parliament 1
H.
6. The
Queen Dowager
, in her Petition, mentions the
Ratification
made in Parliament, 9
H.
5. and saith;
It was not only sworn by the King, but by the Three Estates of the Kingdom of England, i.e. by the Prelates, Nobles and other Grandees, and by the Commons of the Realm of England
.
And to add one Instance for latter times in the
Parl. 1 Eliz. cap.3. The Lords Spiritual, the Lords Temporal and the Commons declare
,
That they do represent in Parliament the Three Estates of the Realm
.
With several others which I shall not mention, but refer all those, who either want or desire satisfaction, to the Book it self.
And as to my plain, honest Reader, who hath neither ability nor opportunity to consult these
Publick Records
, I shall desire him to open his
Common-Prayer-Book
; and to turn to the Office for the 5
th.
of
November
. In the Preface of which he thus reads,
A Form of Prayer with Thanksgiving --- for the happy Deliverance of
the King, and the Three Estates of the Realm
. And in the
Collect
before the
Epistle
, We acknowledg the Power, Wisdom and Goodness of God, in preserving
the King, and the Three Estates of this Realm assembled in Parliament
.
It thus evidently appearing; That the
King
is not
One
of the
Three Estates
, and consequently, that his Authority is not limited or restrain'd, by the Coordinate Power of the other
Two
; we may with better assurance proceed to examin the Truth of their next Suggestion,
viz. That the King of
England
is not an Absolute Monarch
.
In which Inquiry, least I should diminish the
Kings
just
Right
and
Prerogative
on the one hand, or encroach upon the Subjects
Freedom
and
Liberty
on the other, I must neither
affirm
nor
deny
without due Distinction.
Now the Kings Power and Authority doth admit of a
Twofold
Consideration.
For, either we may observe it's
efficient Cause
; the Spring and Fountain from whence it flows; or else may take notice of the
Execution
and
Administration
of it.
As to the
First
of these;
If the Question should be asked; whence hath the
King
this Power to Rule and Govern these Nations? Who gave him this Authority?
To this a just Answer may be suggested from His Majesties Royal
Motto
;
DIEU ET MON DROIT
,
God and my Birth-right have given me these
Kingdoms.
If it further be demanded, How
Birthright
doth Entitle to a Crown? 'Tis then truly replyed
That it is a Fundamental
Law
of
England,
That the Crown doth descend to the next in Blood; England
being not an
Elective
but an
Hereditary
Kingdom.
And from hence we are occasionally instructed, how to understand that Controverted
Place
in
Bracton
(which I therefore mention because I find it repeated with great Triumph in several
Pamphlets
)
Lex facit Regem
; the Law makes the King;
The Law
, i.e.
The Law of Succession
.
Lib. 1. c. 7. f. 5. and Lib. 3. c. 9. f. 107.
In which Sense doubtless my Lord
Cook
(as I have somewhere read) told King
James, That the Law set the Crown upon his Head
.
And it is the same Law that set the
Crown
upon the Head of His
Present Majesty
.
For though His
Majesties
personal Qualifications deserve a
Crown
; yet it was not any
Acceptance
or
Consent
of the
People
, express'd at his
Coronation
or otherwise, but it was his
Birth-right
only which made him
King
, because Son and Heir apparent of King
Charles
the
First
.
This is the full Import and Meaning of that saying of
Bracton
.
But now from hence to infer (as some
canting Polititians
have done) That because
The Law
, in this Sense as now explain'd,
makes the King
; therefore
the Law is Superior to the King
; therefore
the Law hath a Coercive Power over the King
; therefore,
If the King shall neglect to Discharge his Trust, the Parliament of
England (
who are not only the highest Expounders, but the sole Makers of the Law) can by that Law which made him King, censure and condemn him for his Neglect
.
Bradshaw's Harangue
at the
Kings Tryal.
I say thus to infer, is not only
false
and
explosive
in it self; but
Treasonable
to the
King
, and
Destructive
to the
Kingdom
: But of this, God willing, more fully in it's proper Place.
It may suffice at present to observe, that the Crown of
England
is an
Imperial Crown, i.e.
Such a Crown which as to the
Coercive
part, is not subject to any human Tribunal or Judicature whatsoever, as most plainly appears from our
Law-Books
and
Statutes
.
It was asserted in our Laws in the Time of King
Richard the Second, That the
Crown of England hath been so free at all times, that it hath been in no
EARTHLY SUBJEC TION BUT IMMEDIATELY SUBJECT TO GOD,
in all things touching the Regalty of the same Crown, and to none other
.
16 R. 2. c. 5.
And in 24
H.
8. it was declared in Parliament,
That
this Realm of England is an Empire, and so hath been accepted in the World, govern'd by one Supreme Head and King, having the Dignity and Royal Estate of the Imperial Crown of the same; unto whom a Body Politick of Spiritualty and Temporalty, been bounden and owen to bear
NEXT TO GOD;
a natural and humble Obedience
.
24 H. 8. c. 22.
And 25
H.
8. It is Declared;
That
This Realm, recognizing
NO SUPERIOR UNDER GOD, BUT ONLY THE KING,
hath been, and is free from Subjection to any man's Laws, but only to such as have been devized within the same. V.
1
Eliz. cap.
3. & 1
Jac. c.
1. which are very pertinent to be perused, in confirmation of these preceding Statutes.
25 H. 8. c. 21.
And if private Authorities may not seem superfluous after the recital of such
Authentick Records
, I might largely confirm this
Supreme Independent Power of the King
, by the repeated
Testimonies
of our most eminent and noted
Writers
.
But because I would not be too tedious, I shall mention none but the forecited
Bracton
Lord Chief Justice under
Henry
the 3
d
. And I the rather take notice of
Him
, because some passages in his
Works
have been perverted and abused, by the
IGNORANCE
and
MALICE
of ill designing Men.
From this Learned and Judicious
Author
we are thus instructed.
Omnis quidem sub eo, & ipse sub nullo, nisi tandtum sub Deo. Parem autem non habet in Regno suo, quia sic amitteret preceptum.
All Ranks and Degrees of Men are subject to the King; but the King himself is under none but God. There is none equal to him, or coordinate with him in the Kingdom; such a fancy being wholly inconsistent with his
Kingly Power
------
Si autem ab eo petatur (cum breve non currat contra ipsum) locus erit supplicationi quod factum suum corrigat & emendet, quod quidem si non fecerit, satis sufficet ei ad panam quod Dominum expected ultorem.
Nemo quidem de factis suis præsumas disputare, multo fortius contra factum suum venire.
Vid.
Bracton
de Leg. Ang. Lib.
1. cap. 8. Sect. 5. fol. 5.
And if any Man hath occasion to implead the King (since no Writ can be taken out against him) he must then proceed by way of Petition. But if the King shall still refuse to do him right, it will be sufficient punishment for him to expect the Lord as an Avenger.
Doubtless no man should presume to question the Kings Actions; much less to oppose them by force.
And in his 5
th
. Book
de Defaltis
Cap.
3.
Sect.
3. he speaks the same Language.
For having put the Case,
That if the King being Petition'd to redress the Grievances of his Subjects, should yet neglect to grant them Justice, what further course the Subject might take for his Relief
? He Rules it thus.
Quo casu cum Dominus Rex super hoc fuerit interpellatus, in eadem voluntate quod velit tenentem esse defensum cum injuria, cum teneatur Justitiam totis viribus defensare, ex tunc erit injuria ipsius Domini Regis, nec poterit ei necessitatem aliquis imponere quod illam corrigat & emendet nisi velit, cum superiorem non habeat nisi Deum, & satis erit illi pro pœna quod Deum expectet ultorum.
Bracton
Lib. 5.
de Defaltis
c. 3. Sect. 3. fol. 368.
If the King, who is bound to administer Justice to his utmost Power, will not recal the wrong he did upon a false Suggestion; in this case he injures his Subjects, but no body can force him to do Right; because he hath no Superior but God only. And it is sufficient that we shall have a day of hearing hereafter at a Just Tribunal.
V. Lib. 2. c. 24. Sect. 1. p. 55. & lib. 2. c. 37. Sect. 5. p. 87. & lib. 3. c. 9. Sect. 3. p. 107.
But here I am Allarm'd with that noted saying of this Author;
Rex habet Superiorem, Deum & Legem etiam & Curiam
.
And there is scarce a
Pamphlet
, pretending either to
Law
or
Latin
, which doth not triumph in this Sentence of
Bracton
.
Vid.
Sidney's
TRyal p. 23.
I am therefore oblig'd, for their sakes who may otherwise be misguided, to endeavour the full Sence and Meaning of these Words.
In order to which Task, and that he may the better apprehend the clearness of my Answer, I must trouble my Reader to peruse the whole Section.
De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ personæ disputare; ne etiam si in illa dubitatio criatur, possunt eam interpretari, & in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus Domini Regis erit expectanda interpretatio & voluntas, cum ejus sit interpretari, cujus est concedere, & etiam si omnino sit falsa propter rasurani, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium. Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irretetur. Sed dicere poterit quis, quod Rex Justitiam fecerit, & bene, & si hoc, eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in Judicum viventis Dei propter injuriam.
REX AUTEM HABET SUPERIOREM, DEUM, S. ITEM LEGEM, PER QUAM FACTUS EST REX, ITEM CURIAM SUAM
, viz. Comites, Barones, quia Comites dicuntur, quasi socii Regis, & qui habet Socium, habet Magistrum, & ideo si Rex fuerit sine fræno, i.e. sine Lege, debent ei frænum ponere, nisi ipsimet fuerint cum Rege sine fræno, & tunc clamabunt subditi & dicent, Domine Ihesu Christe in chamo & fræno maxillas eorum constringe, ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam, cujus linguam ignorabunt, quæ destruet eos, & evellet radices eorum de terra, & a talibus judicabuntur, quia subditos noluerunt juste judicare & in fine, ligatis manibus & pedibus eorum, mittet eos in caminum ignis & tenebras exteriores, ubi erit fletus & stridor dentium.
V. Lib. 2. c. 16. [sect]. 3 fol. 34.
This is the
Section
, in which that controverted Passage,
Rex habet Superiorem
, &c. is contain'd.
Now as preparatory to a just Explication, it will be pertinent to consider these
Two
Things.
First
, That all difficult and obscure places in any Author, ought to be determined by such as are plain and obvious; but not
e converso
; and therefore,
Secondly
, When we doubt of the true Sence of an Author, it is much more
modest
as well as
charitable
, to confess our own Ignorance, and to say, we do not know what he means, rather than to calumniate and mistake him, by affixing such a Sence to his Words as he never intended.
And consequently, it might be a sufficient
Answer
to affirm; That since our
Bracton
hath so plainly and so often told us;
That the King is under none but God, That all Orders and Degrees of Men are Subject to the King, That he hath no equal much less Superior, That no man should presume to question his Actions
, &c. It evidently follows,
That whatever can be understood by this
Curia
(whether
Lords
or
Commons
) yet this
Curia
is not Superior to the
King
: It neither gave him his Authority at
first
, nor hath the least shadow of a Cooercive Power, to limit and restrain him. For certainly
that
cannot be the meaning of
Bracton
, which he hath so expresly contradicted in other parts of his
Works
.
But that I may
Answer
as well as
Evade
, I now come to explain, what I think to be the true Sence and Meaning of these Words,
Rex habet Superiorem
, &c.
The Subject matter of this
Second Book
of BRACTON is,
De acquirendo rerum Dominio
. It explains the nature of
Legal Titles
; and sets forth the several ways, by which a man may acquire such a Right and Property in the thing possess'd as to call it his
own
. And amongst many others, DONATION as being the chief, is more particularly consider'd by him.
Now these
Gifts
or
Grants
(as he tells us in the beginning of this 16
Chap. Sect.
1.)
fiunt in scriptis, sicut in Chartis, ad perpetuam memoriam, propter brevem hominum vitam, & ut facilius probari possit Donatio
. They are for Mortalities sake, put into Writing, that so the
Donee
(should his Title be question'd) by the Evidence of such enrolled Deeds, may secure his Possession.
Of these Grants or Charters, some are made by the
King
; others by
private
Men. And having largely discours'd of these private Charters,
Sect.
2.4. and so on; in this intermediate 3
d. Sect.
he more particularly gives us his Judgment
de Chartis Regiis
; which by way of Eminency are stiled
Charters
.
De Chartis vero Regiis & factis Regum, non debent nec possunt Justiciarii, nec privatæ Personæ disputare
: Neither the
Who are here meant by those
Justiciarii
, let the learned in the Law determine.
Justiciarii
nor private persons, have any Commission to dispute the Kings Charters; or to question any other of his Majesties Proceedings;
nec etiam si in illa dubitat io oriatur, possunt eam interpretari
: For where the Royal Grant is doubtful and obscure, it would be presumption in them to pretend to explain it.
Et in dubiis & obscuris, vel si aliqua dictio duos contineat intellectus, Domini Regis erit expectanda Interpretatio & voluntas; cum ejus sit interpretari cujus est concedere
.
But if any part of it be ambiguous, and doth admit of a double Sense, than the Kings pleasure (since His Majesty who first made the Grant best knows his own Mind) is the surest and most authentick Interpretation;
Et etiam si omnino sit falsa propter rasuram, vel quia forte signum appositum est adulterinum, melius & tutius est quod coram ipso Rege procedatur ad Judicium
.
Moreover should there be suspicion, that any Charter (either by erasing or corrupt Interpolation) hath been falsely transcribed, 'tis the best and safest course, to determine the matter before the King himself.
Item nec factum Regis, nec chartam potest quis judicare, ita quod factum Domini Regis irritetur
. However (as was said before) let no man presume to censure the Kings Charters, or any other of his Proceedings, so as to make null and void the Act and Deed of our Lord the King.
Sed dicere poterit quis
, But here it may be Objected,
quod Rex justitiam fecerit & bene
, If the King will do Justice, 'tis well;
& si hoc eadem ratione quod male, & ita imponere ei quod injuriam emendet, ne incidat Rex & Justic. in judicium viventis Dei propter injuriam
, and should he not do Justice, it seems that must be well taken too, since no body dares tell him that he doth amiss, and accordingly there will be none to admonish him to correct his fault, that so he may escape the Judgment of the living God.
To this Objection BRACTON returns an
Answer
, though indeed not ushered in with the usual Formality of a
Sic Respondeo
. And his Answer is this;
Rex autem habet Superiorem
, &c.
'Tis true indeed, none can controle the Kings Person or censure his Actions (his Majesty being
Supream
over all Persons, and in all Causes)
autem
; but yet we have these encouraging Reasons, that the King will do Justice, and govern his People according to
Right
.
For 1.
Rex habet Superiorem, Deum, sc.
As high and as great as the King is, there is one higher and greater than he, even Almighty God;
The King of Kings and Lord of Lords
. It is therefore much hoped; that a due Sense of this dreadful Majesty (before whose Tribunal the greatest
Monarchs
as well at the meanest of their
Subjects
must one day appear) may over-awe and restrain the King from all unjust and injurious Proceedings.
2.
Item Legem per quam factus est Rex
. And moreover the better to enable the King to do Justice, there is a
Law
to direct him in his Interpretations, the which
Law
his Majesty is obliged even in gratitude to observe, since it was the Law which made him King. (But how this must be understood is already explain'd.)
3.
Item, Curiam suam,
viz.
Comites, Barones
; but besides these
Two
preceding Considerations, there is a
Third
Expedient to restrain the King from all unjust and exorbitant Proceedings.
For, as there is a God in Heaven to overawe him; and as there is a Law on Earth to direct him: So likewise he hath his
Curia
, to admonish and advise him, viz.
Comites, Barones, quia Comites dicuntur quasi Socii Regis
; His Nobility, his Earls and his Barons; who by reason of their constant attendance at Court, are admitted into a nearer Familiarity with his Majesty, and are, as it were, the Kings Companions.
Et qui habet Socium, habet Magistrum
; and by such Intimacy as this, they are, in some sort, the Supervisors and Censors of his Actions;
Et ideo si Rex fuerit sine fræno,
i.e.
sine Lege, debent ei frænum ponere
. If therefore the King shall omit to observe the Laws; 'tis then their Duty to admonish him of his neglect; saying, SIR, This is the Law, this should bridle you; this should limit and direct your Actions. And this doubtless they will do,
nisi ipsimet fuerint cum Rege sine fræno
; unless they themselves have a mind to be lawless as well as the King.
But if matters should be brought to this pass, what shall then the poor Subjects do? how shall their Grievances be redress'd? Shall it not then be lawful to take up Arms (in the just Defence of King and Kingdom) to remove these evil Councellors from the King? No such matter!
& tunc clamabunt subditi & dicent, Domine Iesu Christe, in chamo & fræno maxillas eorum constringe
; Our honest
Bracton
allows the Subject no other Arms against his Soveraign, but the
old Primitive Artillery of Prayers and Tears
.
Ad quos Dominus, vocabo super eos gentem robustam & longinquam & ignotam
, &c. And if the Subjects being under any Oppression, shall thus dutyfully refer their cause to God, he will then take Care to do them right; and will not only restrain, but also punish their Oppressors: As our Author more fully explains to the end of this 16.
Section
, which I shall not need to translate any further, there being no difficulty in it.
If this
Paraphrastical
Translation (which I thought would most naturally lead us to the true sence of the words) doth not yet fully remove the Doubt; I shall then, for the Readers satisfaction, give this further Interpretation.
BRACTON in this 2
d. Book Chap.
16. [sect]. 3. is discoursing (as I have already observed)
de Chartis Regiis
. And he tells us; that the
Royal Charters
, when either doubtful or obscure, are to be determined
coram Rege
i.e.
in the Courts of
Kings-Bench
and
Chancery
. (For these being the
Kings own immediate personal Courts
, in one of which the
Kings
of
England
have formerly sate in Person, all
Writs
returnable there run in this Style,
coram nobis
; and all judicial
Records
there are stiled, and
the Pleas
there holden entered
Coram Rege
. And therefore this Phrase in BRACTON
Coram Rege
is, I think warrantably render'd, the Courts of
Kings Bench
and
Chancery
.
Now if the
Plaintiff
shall suspect, that the Proceedings in these
Courts
are not just and equal, he may then make his
Appeal
. For the
King
hath not only
Legem
; his ordinary Courts of Justice, but also
Curiam suam
, (viz.)
Comites, Barones
His HOUSE OF LORDS. The Cause may then be removed by
Writ
of
Error
, or by
Appeal
into the
House of Lords
.
But if the
Party
shall still complain that he hath not Justice; there is then no other Remedy but
Prayers
and
Patience
.
For, this
House of Lords
being the Supreme and highest Court of
Judicature
, no Earthly Appeal can be made any further.
Sistendum est in aliquo
. In all Judicial Proceedings,
Ecclesiastical
and
Civil
, there must be
a
non ultra
. For, as the
Law
of
Nature
doth instruct us, that
Appeals
must of necessity be allowed (otherwise those Injuries which may be occasion'd, through the Ignorance or Corruption of inferior
Judges
could never be redress'd) so the same Law doth also teach us; That
Appeals
must not be
Infinite; i.e.
There must be some
Supreme Power
, in whose final Determination (be it
right
, or be it
wrong
) all
Inferiors
must acquiesce and submit. Otherwise, no
Controversies
could be decided; nay, there could be no
Government
, nothing but Disorder and Confusion in the World.
These are my present Thoughts of this difficult Passage: And whether I have yet given it's proper Sence is humbly submitted to the Impartial Reader. But whether I
have
or have
not
; the
Republican Objector
is again desired to take notice;
That whatever else can be the meaning of these Words, yet our
Bracton
doth not affirm this
Curia
to be superior to the King; Such an Interpretation being inconsistent with
Grammar
as well as
Loyalty
.
We have this Rule in our
Syntaxis
; that,
If the Relative be referr'd to two Clauses or more, then the Relative shall be put in the Plural Number
.
If therefore this Relative word
Superior
do refer not only to
Deum
, but also to
Legem
and
Curiam
, it should not be
Superiorem
in the
Singular
, but
Superiores
in the
Plural
.
Bracton
was not only very learned and judicious as to his
Sence
, but also (considering the Age he lived in, and the Subject he discours'd on) very polite and elegant as to his
Style
; and consequently we must not suppose him guilty of so gross a
Solæcism
, which the meanest
School-Boy
is able to correct.
If the Patrons of the Faction, who are very hard to please, shall think fit to Reply; That it is a most unusual and Pedantick Method, to interpret a
Law-Maxim
by a Rule in
Grammar
; and thence are unalterably resolv'd to insist upon it; That unless we can explain, in what Sence this
Curia
is Superior to the King, all that hitherto hath been said on this occasion is trifling and explosive;
If, I say, these
Republicans
will not otherwise be
contented
, let them then take it thus.
Rex habet superiorem ----- Curiam
----- i.e. The King can do more with the Advice and Assistance of his
Curia
then without it. Or more plainly thus.
The Kings of
England
have more Power and Capacity in Parliament, then out of Parliament
.
If this will not satisfie.
Cras respondebo
. For at present, I think fit to add no more in this matter.
This passage of BRACTON (which hath given us so large a Digression) being thus dispatch'd; we shall now return to our former Discourse.
'Tis undeniably evident from the Authentick Records of the Kingdom (not to mention private Authorities)
That the King of
England
hath no Superior but God. That His Majesty did not receive his Authority from any Earthly Power. That he is not Fœudatory, either to the Pope or any other Foreign Prince, much less to his own People. That he was not admitted to his Kingdoms with any Limitations or Conditions
; As the Kings of
Poland
and some others are. And consequently, since the Terms
Absolute
and
Conditional
are opposite and contradistinct; If the Kings Power and Authority (with respect to its Original
Efficient
Cause) be neither
Conditional
nor
Dependent
, it is then
Absolute
as well as
Independent
. And therefore we may safely conclude (in this sence as now explained)
The King of
England
is an absolute Monarch
.
But here I expect it will be reply'd (and 'tis a very Popular Objection.)
That the
Coronation Oath
, in which there is a plain
Contract
and
Bargain
between the
King
and his
People
, doth sufficiently intimate; That the
Crown
is Conditional,
i.e.
was conferr'd upon his Majesty with cer tain Limitations and Conditions. For, the King having promised,
to keep and defend the Laws and rightful Customs of the Kingdom
, &c. He is then publickly shew'd to the People; and their
consent
to his Coronation being first demanded; he is, by that solemn Action, accepted as their King. Plainly insinuating, that without such a Promise on
his
part, he would not have been accepted on
theirs
. And from hence Mr. SIDNEY (a very Authentick Author with some men) doth infer; That there is a mutual Compact between the
King
and his
Subjects
; and if the
King
doth not perform his Duty, the
Subjects
are discharg'd from
theirs
. His words are these,
That those Laws were to be observ'd, and the
Oaths
taken by them, having the Force of a
Contract
between Magistrate and People, could not be
violated
without danger of
dissolving
the whole Fabrick
: Which in plain
English
is this: If the
King
breaks his Oath, and doth not govern according to
Law
; he then forfeits his Crown, and the People are absolved from their Obedience.
In Answer to which, we are to take no tice; that this plausible
Objection
is raised upon a false Foundation,
viz. That the Coronation Oath makes the King
; which is a most gross as well as dangerous Mistake; the King being as perfect and compleatly
King before
his Coronation as
after
.
'Tis a
Maxim
of our Law,
The King never dyes
: There being no such thing here in
England
as an
Interregnum
. For the very same moment that the
Predecessor
deceaseth, the Rights of
Majesty
descend and fall upon the
Successor
. And herein I am instructed by those eminent
Lawyers
, the Lord Chancellor
Egerton
, and Sir
Edw. Coke
. By the former thus,
The Soveraignty is in the Person of the King, the Crown is but an Ensign of Soveraignty.
L. Chanc.
Egerton
Postnat.
p. 73.
The Investure and Coronation are but Ceremonies of Honour and Majesty. The King is an absolute and perfect King before he be Crowned, and without those Ceremonies.
By the latter in these Words:
If the Crown descend to the rightful Heir, he is
Rex
before Coronation.
Cooks
Inst.
part
3. p. 7.
For by the Law of
England
there is no
interregnum:
and Coronation is but an Ornament or Solemnity of Honour. And so it was resolv'd by all the Judges,
Hil. 1. Jac.
in the Case of
Watson
and
Clark
Seminary Priests: For by the Law there is always a King, in whose name the Laws are to be maintain'd and executed, otherwise Justice should fail.
Thus he,
But that I may effectually convince our
Associators
of their mistake in this matter, I thus argue
ad hominem
.
Was his present Majesty
actually
King (
i.e.
King
de facto
as well as
de jure
) before his Coronation, or was he not?
If they acknowledg that he
was
; the Cause is then decided. But if they say he was
not
; I must then remind them of another point of
Law
, laid down by that
Oracle of the Law
in the preceding words,
a Pardon granted by a King
de jure
,
that is not also
de facto
is void
. Now when they have first consider'd; That the
Act of Oblivion
was made before the King was
Crown'd
, I shall then leave it to themselves to determine the Case.
Doubtless upon
second
Thoughts which are usually the best, they will readily confess; That his present
Majesty
was
actually
King before his
Coronation
; and consequently, That the Oath which he then took, was not any
Condition
preparatory to his admittance to the
Kingly
Power.
Coronation
then
is but a Ceremony, and no part of his Title
: I say, it is but a
Ceremony
; and yet (that I may remove some impertinent Scruples against it) it is no trifling, insignificant Ceremony: For,
First
, The solemn Splendor in which the
King
appears in that Action (the generality of People being much affected with outward
Pomp
) doth naturally make Impressions of awe and reverence towards his
Person
.
Secondly
, The
Oath
which he then takes, may expel all jealous Fears; disposing his
Subjects
chearfully to submit to his future
Government
. For when the King (who is not responsible to
them
for any of
his
Actions) shall condescend thus
publickly
to promise his People, in the Presence of that God who gave him his Trust (and to whom alone he must render an Account for the management of it) That he will govern his Subjects according to
Law
; That he will preserve
Religion
from Heresy and Schism; defend their
Persons
from wrong and violence; secure their
Estates
from Fraud and Rapine: Such assurance as this, must needs enlarge their Affecti ons to their Prince; make their submission more hearty; their Obedience more chearful, since under his Government (if it is not their own Fault) they may rationally expect to
live a quiet and peaceable Life in all Godliness and Honesty
.
It appears, I hope, from these Premises (notwithstanding this or any other Objection to the contrary) That the Kings Power, in respect to it's Original, is
Absolute
, i.e. He received it from none but God. Neither from the
Pope
, nor any other
Foraign Prince
, much less from his own People.
But now when we speak of the Kings Authority, with respect to the
Execution
and
Administration
of it, the Case is very different. For the Kings of
England
, out of their abundant Grace and Favour, and to make their
Government
more easie and acceptable to their Subjects, have suffer'd themselves to be so limited in the
Exercise
of their Power; That they can neither make
Laws
, nor raise
Taxes
but in
Parliament
; much less can they pretend to take away the
Life
, or dispose of the
Estate
of the meanest of their Subjects but by due course of
Law
: And therefore in this
second
Consideration of his Authority,
viz.
the
Execution
and
Administration
of it;
The King of
England
is not an Absolute but a limited Monarch
.
And indeed, if these
Republicans
were not much more forward, to remind the
King
of his Duty than to discharge their
own
, these things did not need to be repeated. For the
King
hath very often most gratiously promised; That he will govern by, and according to, the Laws of the Land and not otherwise. And that he will use the Power, Trust and Office committed to him, for the good and benefit of the
People
, and for the preservation of their Rights and Liberties. All this is readily granted, in the very words of the
Objectors
.
Only this Phrase,
That he will govern according to the Laws
,
and not otherwise
for the avoiding of mistakes, must be a little explained.
There are some Men, either through Ignorance or Malice, who have fancied; because the King is obliged to govern
by Law
, that therefore he must always
act
according to the
Letter
of it: So as that it shall not be in his Power,
for instance
(especially when it is their
Interest
to restrain him) either to
Pardon
Capital Offenders; to
Change
the manner of their Death; or to
mitigate
the rigour of the Law on any other occasion. And,
in fine
, these confident
Reformers
(who trade in
Post-scripts
more than
Bracton
) do talk of the
Kings Prerogative
at such a rate; as if it were an
Arbitrary, Illegal Encroachment
; and are so extravagant as to fancy; That by diminishing the
Kings Prerogative
, they advance the
Laws
; and that to oppose the
King
, is to defend the
Kingdom
.
In charity therefore to these men, and to rectify their mistakes, I shall briefly lay down the nature of the Kings
Prerogative
: What it is? how it comes to be Establish'd? And whether, as is pretended, it be destructive to
the Liberty of the Subject
.
The Word
Jurecons.
hac voce varie utuntur: modo pro authoritate & eminentia: quedam modo pro jure quodam præcipuo, specialiseu privilegio
,
Gal. Lex Jurid. verb
Prærogat
.
Prerogative
(to omit other Significations Foreign to our purpose) doth properly denote;
some special peculiar Priviledg or Preheminence, granted by Law
. Hence the
Kings Prerogative
is very fitly styled by Sir H.
Spelm. Gloss
Prærog.
verb
.
SPELMAN,
Lex Regiæ Dignitatis
, which in
Instit. cap.
5.
sect.
125
p. 90.
Sir
Edw. Cooks
words may be thus Translated.
The Royal Prerogative legally extends to all Powers, Preheminences and Priviledges, which the
Law
giveth to the Crown
. And
Littleton
, saith our Author,
speaketh of the Kings Prerogative but twice in all his Books
, viz. [sect]. 125 & 128.
and in both places as part of the Laws of
England.
From whence our
new Politicians
may please to observe.
That the Kings Prerogative is established by Law
; and his Majesty hath as good Law for his Royal Prerogatives. viz.
The descent of the Crown to the next in Blood: The Power of Calling and Dissolving Parliaments: The Negative Voice: The Power of the Militia: Pardoning Offenders
, &c. I say His
Majesty
hath as good
Law
for these and all other his
Prerogatives
, as any
Subject
hath for his
Paternal Estate
.
Whoever therefore shall presume to dispute these
Priviledges
of the
Crown
, he must not think me uncharitable whilst I tell him, He is an
Enemy
to the fundamental Laws of
England
, and a
Betrayer
of the Rights of the Kingdom.
If the Case be thus, may some say; If these
Royal Prerogatives
are so sacred as not to be touch'd; it would then be a very suitable undertaking to enlarge your,
&c.
and to acquaint us more distinctly what they are, and where we may find them.
In answer to which Demand we are thus instructed by that Loyal Judge JENKINS,
Jenk. Rediv.
p. 136.
The Kings Prerogative and the Subjects Liberty are determined and bounded, and admeasured by the written Law what they are. We do not hold the King to have any more Power, neither doth his Majesty claim any other but what the Law gives him
.
The right method therefore to be inform'd in this matter, is to search the written Laws, with the learned Interpretations upon them. For though these Statutes are not
Constitutive
of the Royal Prerogatives (
All
Jenk. Rediv.
p. 4.
Kings had them; the said Powers have no beginning; i. e.
They are so antient we cannot trace their Original) yet they are
Declaratory
of them.
I say, though these Priviledges of the Crown are most of them
antecedent
to our
Acts
of Parliament, and the
written
determined Cases of our Laws (and consequent ly are not primarily established by them) yet they are so often either explained, confirm'd, or otherwise there mention'd; that he who is conversant in those publick Writings must needs know what they are?
But since every one hath not the
Leisure
or the
Ability
for so laborious a Task; those therefore shall desire
Compendio sapere
, they may please to peruse a little Treatise called
Jura Coronæ
; or
His Majesties Royal Rights and Prerogatives Asserted
. And amongst several others there mentioned and explained, they will find this Prerogative.
That the King hath Power, in many cases, to Dispense with the Laws: And that
no
Jur. Coron.
p. 84.
Act of Parliament can bind the King from any Prerogative, that is solely and inseparably annext to his Sacred Person and Royal Power; but that he may dispense with it by a
non obstante
.
The Reason of which
Prerogative
(which to some unthinking Men may seem extravagant) is plainly this.
All human Constitutions are liable to Defects: And there was never any
Law
yet framed with such
Policy
and Skill, which might not, on some occasion or other, be burthensome to the
Subject
. For particular Cases and Contingencies are so infinitely various, that it is impossible for
human
Wisdom to foresee or prevent them.
And therefore it is absolutely necessary; That there should in all Governments be some
Power
, Superior and
Paramount
to the written Laws: By whose Authority the Subject might be reliev'd and pardon'd; when the nice and strict Observance of the Law (through some unexpected Event) might be grievous to
himself
, or destructive to the
Publick
. And
Bish.
Sandersons
Judg. of subm. to Usurp. p. 18.
this Power of dispensing with particular Laws
(as the learned Bishop
Sanderson
informs us)
is such a Prerogative, as without which no Commonwealth can be well govern'd; but Justice would be turn'd into Gall and Wormwood: Nor can the Supream Governor, without Forfeiture of that Faithfulness which he oweth to the Publick-Weal divest himself thereof
.
If some Men (who are very unwilling to give the
King
his Due) are still dissatisfied in the point; the present posture of Affairs here in
England
may then fully convince them.
We all know that according to the Law
High-Treason
is punishable with Death. And the Judgment of the Court, on such occasions, is to be
Hang'd, Drawn and Quarter'd
. This is Law. Let me therefore ask these Men. Can the
King
by his
Prerogative
dispense with this Law, so as to free the
Criminal
from the Punishment (
a Toto
or
a Tanto
) or can he not? If they say
not.
Ipsi viderint
. Let them look to that who are most deeply concern'd.
But if now at the last they are grown so considerate, as to say that he
can
: Give me leave then to expostulate with them, concerning that late Instance of the unfortunate
Lord Stafford
.
When his
Majesty
, out of Compassion to that
Noblemans
Person and respect to his
Quality
, had changed the manner of his Death, and given him the favour to be Beheaded: What a noise was then raised,
That the Law must be observ'd
? What Fears and Apprehensions of
Abritary Power
! What a Tumult did those
scrupulous Sheriffs
make on that occasion, by Petitioning the
Two Houses
; Whether the Kings
Writ
ought to be obey'd? But what Answer they receiv'd both from
Lords
and
Commons
is sufficiently known.
I shall make no
Reflections
upon it, tho indeed the Impertinence of that Action (in which I doubt they were encourag'd by some greater than themselves) might deserve a
Remark
.
From these Premises it is evident, That there is
Lex Coronæ
, a Royal Prerogative granted by the Common Law to the Crown of
England, Superior
to all written Laws. By virtue of which
PrerogativeLaw
, the King hath Authority (on emergent occasions, and when such
Dispensation
may promote the ends of Government) to
Dispense
with most
Statutes
or
Acts
of Parliament.
Salus populi suprema Lex esto
; when rightly understood is a full proof of this Assertion.
As therefore on the one hand;
When
Sedition
is rampant, and
affronts
the Government; when the
Mercy
of a King shall be voted his
weakness
; and his Royal compassion and unwillingness to
Punish
, shall have this Gloss put upon it;
He dares not do it
.
As in such Case, Reason of State (which is
Salus Populi
) doth require; That some should be executed
in terrorem
; to re press the insolence of others; So on the other hand,
When Tumults are abated; when Faction is broken, and that Men begin to acknowledg their Mistakes, and return to their Wits: If under such inviting Circumstances as these, the King out of his Grace and Mercy, shall either
Pardon
a Traitor, or abate the
rigour
of his Sentence, who will pretend to say, that such undeserved Favour is
Illegal
? Or that the King, whether he
pardon
or
punish
, doth not
govern
, in both Instances,
according to Law
?
These Objectors go on.
If the King thus entrusted to keep the Laws and preserve Religion, should be guilty of a wicked Design, to subvert our Laws, and destroy our Religion, by introducing an Arbitrary, Tyrannical Government; he must then understand, that he is but an
Officer of Trust
.
All this is granted; If the word
Trust
do only refer to
Almighty God
, but not to the
People
.
The
King
doth chearfully acknowledg, that he is
Authoriz'd
and Deputed by the
most High
, to govern these Nations; and that he must render an Account for so great a Trust committed to his charge. And though the King hath many Enemies, both
Spiritual
and
Temporal
, yet his Support is this. He who gave him his
Commission
is able to Protect him. He hath hitherto very signally preserv'd him. And it is the constant, hearty
Prayer
of all Loyal Subjects; That his God, and the God of his
Fathers
will preserve him still. His Majesty hath indeed many
Enemies
(and good Princes did never want them) but
in the Mercy of the most High he shall not miscarry
.
But if this
Trust
do refer to the
People
, as if the Kings Power and Authority were derived to him from the
People
by way of
Pact
or
Contract
: Let them then explain,
Who
are this People, with whom he did thus Contract?
When
was this Bargain made?
What
are the Conditions?
Before
what Witnesses?
Who
must
Judge
of the Delinquency?
VVhere
are the
Records
of these Transactions to be perused?
If no Evidence to confirm any of these Instances; the Case is then decided by that known Maxim,
Idem est non esse & non apparere
. This
Fundamental Contract of the Nation
, is only a hard Word to amuse the vulgar. We know not
what
it is, nor
where
to find it.
But, it follows in the Objection.
The Parliament of England (the Representatives of the People, in whom all Power doth Originally reside) they are to take Order for the Animadversion and Punishment of such an Offending Governour. Parliaments were ordain'd to restrain the exorbitant Power of Kings and to redress the Grievances of the People
.
The Sum of which charge is this.
There is a Coercive Power over the King. Which
Power
(
Mr.
SIDNEY tells us)
Originally in the People of England, is delegated unto the Parliament
.
Sidney's
Tryal. p. 24.
To which I do thus Answer.
That though his
Majesty
hath a just esteem for
Parliaments
; and thinks the Parliament of
England
the happiest Constitution that ever
Nation
did enjoy; and hath gratiously
assur'd
us; That no
Irregularities
of Parliaments, shall make him out of Love with
Parliaments
; but that he will have frequent
Parliaments
: Yet such an extravagant Power of Parliaments as is here pretended, is such height of
Treason
; as deserves a
sharper
Confutation than can be given it from this Treatise.
As to the point of
Non-Resistance
(most seasonable to be enforc'd at this time) I did once design very fully to have enlarg'd upon it. To have shew'd its Obligation from all Laws
Natural, Positive, Divine, Human
. As also to have Answer'd the most Popular
Pleas
for such
Resistance
. But I am so happily prevented by the Learned Labours of others (particularly my
Lord Bishop of VVinchester
, Dr
Falkner
and Dr.
Sherlock
; who have indeed exhausted that Subject) that I shall give no further trouble; but conclude my short Discourse with this following Argument.
The Supream Power must not be resisted;
But the King of England hath Supreme Power; Therefore His Majesty cannot lawfully be resisted.
The
Proposition
is the voice of Nature. There can be no
Order
nor Government, unless this Truth be admitted. Reason tells us;
Par in parem non habet potestatem
, much less hath an Inferior a Coercive Power over his Superior.
To which let me observe; That even the late
Rebels
themselves were convinc'd in this matter. For, to vindicate their former
Treasons
, and to patronize their inten ded
Murder
of that
Blessed Prince
, they voted,
Jan.
4. 1648. Resolv'd,
That the People are (under God) the Original of all just Powers. That the Commons of England Assembled in Parliament, being chosen by, and representing the People, have the Supreme Power in the Nation. That whatsoever is Enacted or declared for Law by the Commons in Parliament hath the Force of a Law, and the People concluded thereby, though consent of King and Peers be not had thereunto
.
Plainly insinuating, That whilst the Subjects of
England
, according to their Duty, did acknowledg the
Supreme Power
to be in the
King
, they must needs apprehend, That the
War
was
Rebellion
; and his pretended
Judges
were
Traitors
.
And as to the
Assumption
, viz.
That the King of England hath Supreme Power
; this, I hope, hath been so fully prov'd in this little Treatise, that I might suppose the
Conclusion
without any further Enlargement.
But because some late Seditious
Pamphlets
have very impertinently advanc'd the
Power
of Parliaments; I shall,
ex abundanti
, thus undeniably convince them,
That the Parliament of
England
is Subject to the
King.
Mr. SIDNEY Informs us,
That the Right and Power of Magistrates in every Country, is that which the Laws of that Country make it to be.
Sidney's
Paper p. 2.
If therefore it do appear by the
Laws
and
Statutes
of the
Kingdom, That the Parliament of
England
is Subject to the King
, then the Controversy is at an End.
For Proof of this, they are desired to Consult, 12
Car.
2.
c.
30. Where the
Lords
and
Commons
thus Petitioned to his
Majesty
.
We your Majesties said Dutiful and Loyal Subjects, the Lords and Commons in Parliament Assembled, do beseech your most Excellent Majesty that it may be Declared; That by the undoubted and fundamental Laws of this Kingdom, neither the Peers of this Realm, nor the Commons, nor both together in Parliament, nor the People Collectively or Representatively, nor any other Persons whatsoever ever had, have, hath or ought to have any Coercive Power over the Persons of the Kings of this Realm.
Words so plain and undeniably evident that they are not capable of any further Explication.
Only it will be pertinent to observe
Two
Things.
First
, the
Lords
and
Commons
do not here petition, that it may be
Enacted
, but that it may be
Declared
; intimating that the Kings Supremacy was not
first
establish'd in this
Statute
(as if before the making of this
Act
, the Parliament had been Superior to the King) but is here only
Declared
to have been
Establish'd
by the undoubted Fundamental Laws of this Kingdom,
i.e.
by such Laws as are the Foundation of the Government. Whoever therefore shall Affirm, That the Parliament hath a Coercive Power over the Person of the King, he alters the
Foundation
and
destroys
the Government.
Secondly
, I do from this Statute observe, That their famous Axiom,
major singulis, minor universis
, will no longer support their Cause, it being plain from this
Act
; That the King is
major universis
as well as
singulis
.
When our
Republican Clubs
, who talk so much of
Law
, shall have answer'd this
Statute
; they may then expect to hear further from me.
In
th' interim
, I shall recommend a
Text
, to be held forth in all their
Conventicles
, the next time of their meeting.
Prov.
24.21,22.
My Son, fear thou the Lord and the King, and meddle not with them that are given to change.
For their Calamity shall rise suddainly, and who knoweth the ruin of them both?
From whence may be raised these good Observations,
viz.
Honesty is the best Policy, and Loyalty the best Religion.
FINIS.
THE PARALLEL.
DOLEMAN
THERE can be no doubt but that the
Common-Wealth
hath Power to
chuse their own fashion of Government
, as also to
change
the same upon reasonable Causes. In like manner is it evident, that as the Common-Wealth hath this Authority to chuse and change her Government, so hath she also to
limit the same with what Laws and Conditions she pleaseth
.
Consequence
about Succession
. Part. 1. cap. 1. pag, 12,13.
All Law, both Natural, National and Positive doth teach us; That Princes are subject to Law and Order, and that the
Common-Wealth
which
gave
them their Authority for the Common good of all, may also
restrain
or
take the same away again
, if they abuse it to the Common-evil. The
whole Body
, though it be governed by the Prince, as by the Head, yet is it not Inferior but
Superior to the Prince
. Neither so
giveth
the Common-wealth
her Authority
and Power up to any Prince, that she
depriveth
her self utterly of the same, when need shall require,
to use it for her defence
, for which she gave it.
Part.
1
st. cap.
4.
p.
72.
And finally the Power and Authority which the Prince hath from the Common-wealth is in very Truth, not
Absolute
but
Potestas vicaria & delegata
, i.e. a Power
Delegate
, or Power by
Commission from the CommonWealth
, which is given with such Restrictions, Cautels and
Conditions
, yea with such plain Exceptions, Promises and
Oaths
of both Parties (I mean between the
King
and
Common-wealth
, at the day of his Admission or Coronation) as if the same be not kept but wilfully
broken on either Part
, then is the
other
not bound to observe his
Promise
neither, though never so solemnly made or sworn.
Part
1
st. cap.
4.
pag.
73.
By this then you see the ground whereon dependeth the righteous and lawful Deposition and Chastisement of wicked Princes, viz.
Their failing in their Oath and Promises, which they made at their first entrance
Then is the
Common-wealth
not only
free from all Oaths
made by
her
of Obedience or
Allegiance
to such
unworthy
Princes, but is
bound
moreover for saving the whole Body, to
resist
, chasten, or
remove
such evil Heads,
if she be able
, for that otherwise all would come to Destruction, Ruine and publick Desolation.
part
1.
cap.
4
pag.
77,78.
BRADSHAW
THE People of
England
, as they are those that at the first (as other Countries have done) did
chuse to themselves this Form of Government
even for Justice sake, that Justice might be administred, that Peace might be preserved; so Sir,
they gave Laws to their Governours
, according to which they should Govern; and if those Laws should have prov'd inconvenient or prejudicial to the publick, they had a
Power
in them, and
reserved to themselves to alter as they shall see cause
.
Kings Trial p.
64.
CHARLES STUART King of
England
; The Commons of
England
Assembled in Parliament, according to the
fundamental Power that rests in themselves
, have resolved to bring you to
Tryal
and
Judgment
,
p.
29. If so be the King will go contrary to the end of his Government, Sir he must understand that he is but an
Officer of Trust
, and he ought to discharge that Trust, and they are to take Order for the
Animadversion and Punishment of such an Offending
Governor
p.
65.
Sir, Parliaments were ordained for that purpose, to redress the Grievances of the People. And then, Sir, the
Scripture
says,
They that know their Masters will and do it not
, what follows?
The Law is your Master, the Acts of Parliament
. pag. 66,67.
This we know to be Law,
Rex habet superiorem, Deum & Legem, etiam & Curiam
, and so says the same Author; and truly Sir, he makes bold to go a little further,
Debent ei ponere frænum
,
They ought to bridle him
pag. 65.
That the said
Charles Stuart
being
admitted
King of
England
, and therein
trusted
with a
limitted
Power.
Vid.
Char. p.
30.
The House of Commons, the
Supream
Authority and Jurisdiction of the Kingdom.
pag.
48. Which Authority requires you, in the name of the
People
of
England
, of which you are
Elected
King, to answer them,
pag.
36. Sir you may not Demur the Jurisdiction of the Court they sit here by the Authority of the
Commons
of
England
; and all your
Predecessors
and
you
are
responsible to them
.
pag
44.
For there is a
Contract
and
Bargain
between the
King
and his
People
, and your Oath is taken, and certainly Sir, the Bond is reciprocal. Sir,
if this Bond be once broken, farewel Soveraignty
.
pag.
72.
Sir, though you have it by Inheritance in the way that is spoken of, yet it must not be denied that your Office was an Office of
Trust
: Now Sir, if it be an Office of Inheritance, as you speak of your
Title
by
Descent
, let all men know that great Offices are
seizable
and
forfeitable
, as if you had it but for a year and for your
Life, p.
73.
And Sir, the People of
England
cannot be so far wanting to themselves, which God having dealt so miraculously and gloriously for,
they having Power in their hands
, and their
Great Enemy
, they must proceed to do
Justice
to themselves and to
You
.
p.
75.
SIDNEY
and other of
The True-Protestant Party
.
GOD hath left Nations unto the Liberty of
setting up
such Governments as
best pleased themselves
.
The Right and Power of Magistrates in every Country, was that which the
Laws
of that Country made it to be,
Sidn.
Pap.
p.
2.
St. Peter
1
Pet.
2.13,14. stiles
Kings
, as well as the Governours under him,
the Ordinance of Man
, which cannot have any other Sence,
but that Men make them and give them their Powers
.
Huntspostsc. p.
37. By all which it is evident;
That the Succession to the Crown is the Peoples Right
. And though the Succession to the Crown is
Hereditary
, because
the People so appointed it; would
have it so, or
consented
to have it so; yet in a
particular
Case for the saving the Nation,
The whole Line and Monarchy itself may be altered
, by the
unlimited
Power of the
Legislative
Authority.
Hunts Postsc. pag.
43. Some Men will talk as if they believed themselves,
That the Legislative Power is in the King
,
when no King of
England
yet ever pretended to it
. A
Legislative
Authority is necessary to every Government, and therefore we ought not to want it, and therefore
Parliaments
, in which our Government hath placed the making of Laws, cannot be long discontinued.
Hunts Postsc. p.
28.
BRACTON saith that the King hath
three
Superiors, to wit,
Deum, Legem & Parliamentum
; that is, the Power Originally in the People of
England
is Delegated unto the
Parliament
.
Sidn. Tryal
p. 23.
All Government is founded in
Trust
, and settled in such a Person, or limited to such a
Family
, for the safety and advantage of the People, as well as of the Ruler.
It is remarkable that there was never a Conveyance of the Crown of
England
to any Person, but upon the
tacit Concurrence
, and with the
Virtual
or Implicite
Consent
of the
People
. And therefore anciently before any King of
England
was actually
Crown'd
, the
People
being first acquainted with the Day appointed for that
Solemnity
, were
three
several times publickly asked, whether they would have such a Person to rule over them.
Let. from Gentl. in the City concerning
D. Y. pag. 13,14.
Those Laws were to be observ'd, and the Oaths taken by them, having the force of a
Contract
between Magistrate and People, could not be
violated
without danger of
dissolving the whole Fabrick
.
Sidn. Pap.
pag. 2.
If he doth not like his condition, he may
Renounce
the
Crown
; but if he receive it upon that Condition (as all
Magistrates
do the Power they receive) and swear to perform it, he must expect that the performance will be exacted, or
revenge taken by those he hath betrayed
.
Sid.
Try. p. 23.
I will hope there are very few in this Nation so ill instructed, that do not think it in the Power of the People to
depose
a Prince, who really undertakes to
alienate
his Kingdom, or that really Acts the
Destruction
or the
Universal Calamity
of his People.
Great consid. relating to
D.Y.
consider'd
p. 6.
To give every one his due
, is to administer Defence to the Innocent, and by Authority of Law to
subdue
the
Aggressors
of Mankind,
how great and mighty soever they be
,
Fiat justitia
therefore.
Id. Pag.
16.
A DEFENCE OF THE
Scots Settlement
At
DARIEN
.
WITH An
Answer
to the
Spanish
MEMORIAL against it. AND
Arguments
to prove that it is the Interest of
England
to join with the
Scots
, and protect it. To which is added, A
Description
of the Country, and a particular Account of the
Scots Colony.
EDINBURGH
, Printed in the Year M.DC.XC.IX.
ERRATA
,
errata put into the text
TO THE
KING'S
Most Excellent Majesty, SIR,
THE Interest You have in the flourishing of Your Antient Kingdom of
Scotland
, whose Crown is transmitted to You by an Hundred and eleven of Your Ancestors, without ever having been on the Head of a Foreigner, emboldens the Author to lay the following Sheets at Your Majesty's Feet.
The design of them is to vindi cate the Settlement of the
Scots
in
Darien
, and Your Majesty's Justice in protecting them, against the oblique Aspersions which are cast upon it in the
Spanish
Memorial.
The Soveraignty of the Crown of
Scotland
hath always bin held Sacred by our Ancestors, who never were sparing of their Blood to defend it either from the Invasion of Foreigners, or the mean Compliance of some few of our Princes that were unworthy to wear it; and therfore were either totally excluded from it, as the Family of
Baliol
, or oblig'd to reassert its Right when rescu'd out of the Hands of their Enemies, as happen'd to our
William I.
and
James I.
Providence having now plac'd it on the Head of Your Majesty, whose Heroic Courage is known to all the World, our Nation should be unjust to Your Character to expect any thing less than that our Crown, which You receiv'd free and independent from Your Ancestors, should be transmitted by You with greater Advantages than ever to Your Successors.
Therefore it is, Great Sir, that a privat Subject of Your antient Kingdom takes the boldness to vindicate the Soveraignty and Dignity of Your Crown as King of
Scots
, and to put such as are Enemies to it in mind, that when
Edward I.
and
II.
of
England
invaded it, the
Scotish
Nation did gallantly defend it, advanced
Robert Bruce
to the Exclusion of
Baliol
the nearest Heir, and acquainted the Princes of
Christendom
that they did so in defence of their Independency; adding that they would expel
Robert Bruce
, if he offer'd to betray their Liberty, and would never subject their Crown to that of
England
, whilst there were
100 Scots men
alive.
This being the fundamental Constitution of our Government, and the Condition on which that Prince and his Successors were admitted to our Crown, they can in no wise be look'd upon as Friends to Your Majesty's Dignity as King of
Scots
, who call in question what You enact in the Parliament of that Kingdom, or that offer to traverse it by contrary Proclamations.
We are Your Majesty's Subjects as well as our Neighbors, and have an equal Right to share Your Protection, which it's hop'd they will at last be convinc'd it is their Interest to agree to in relation to our
American
Settlement.
Your Majesty's Paternal Affection to the Kingdom of
Scotland
hath discover'd it self in many Instances; nor is it desir'd or expected by our Nation, that it should any way interfere with the like Care and Affection, which is owing to our Brethren of
England
; but there is no reason that they should enjoy a Freedom of Trade throughout the World, and that we should be denied it.
Your Majesty in your Gracious Proposals of an Union, gave sufficient Evidence of a Fatherly Concern for both Nations. Therefore as it hath pleased God to make You the Glorious Instrument of our Common Deliverance, that he would also make You the happy Instrument of our inseparable Union; and after a long Reign here, Crown You with Everlasting Glory hereafter, is the sincere and ardent Prayer of,
Your Majesty's Loyal and Affectionate Subject,
Philo-Caledon
.
A
DEFENCE
of the Settlement of the
Scots
on the Isthmus of
DARIEN
in
America
. With Arguments to prove, That it is the Interest of
England
to join with them, and to protect them in that Colony.
THE Heads propos'd to be insisted upon in the following Sheets, are,
The Legality of the
Scots
Establishment: The Advantage or Disadvantage that may redound from it to
England:
Whether the
Scots
without the Assistance of the
English
may be able to maintain their footing in
America;
and what may probably be the Consequences if the
Scots
should be oppos'd therein by the
English,
and miscarry in the Undertaking
.
The chief Objections against the Legality of their Establishment, arise from the Memorial delivered in against it to the King, by the Ambassador Extraordinary of
Spain, May
3. 1699.
O.S.
as follows:
"THE Under-Subscriber, Ambassador Extraordinary from his Catholick Majesty, finds himself oblig'd by express Orders, to represent to your Majesty, that the King his Master having receiv'd Information from different places, and last of all from the Governor of
Havana
, of the Insult and Attempt of some
Scots
Ships, equip'd with Men and other things requisit, who design to settle themselves in his Majesty's Soveraign Demains in
America
, and particularly the Province of
Darien
. His Majesty receiv'd those Advices with very much discontent, and looks upon the same as a Token of small Friendship, and as a Rupture of the Alliance betwixt the two Crowns (which his Majesty hath observed hitherto, and always observes very religiously, and from which so many Advantages and Profits have resulted both to your Majesty and your Subjects) as a Consequence of which good Correspondence, his Majesty did not expect such sudden Insults and Attempts by your Majesty's Subjects, and that too in a time of Peace, without pretext (or any cause) in the very Heart of his Demains.
All that the King desires, is, That this may be represented to your Majesty, and that your Majesty may be acquainted, that he is very sensible of such Hostilities and unjust Procedures, against which his Majesty will take such Measures as he thinks convenient. Given at
London, May
13/3. 1699.
It were easy to make proper Remarks upon the Weakness, Insolence and Ingratitude of this Memorial, but it is not worth while; all the World knows what the Crown of
Spain
ows to his Majesty of
Great Britain
; and therefore a more civil Application might reasonably have been expected to a Prince who hath not only sav'd the
Netherlands
, but prevented his Catholick Majesty from being insulted on his Throne at
Madrid
. But these things we pass over, and come to the chief Point in the Memorial, which is,
That the Scots have posted themselves in the King of
Spain's
Demains in
America,
contrary to the Alliance betwixt the two Crowns
. If this be prov'd to be false, then the Cause of the Complaint ceases, and his Majesty of
Great Britain
hath reason to demand Satisfaction for the Affront offered thereby to his Justice and Soveraignty.
To prove the Falshood of the Allegation, That the Province of
Darien
is part of the King of
Spain's
Demains: It is positively denied by the
Scots
, who challenge the
Spaniards
to prove their Right to the said Province, either by
Inheritance, Marriage, Donation, Purchase, Reversion, Surrender, Possession
or
Conquest
; which being the only Titles by which they or any other People can claim a Right to those or any other Dominions, if the
Spaniards
cannot make out their Right by those or any of those, their claim must of consequence be null and void.
It is evident that the
Spaniards
cannot pretend a Title to that Country by Inheritance, Marriage, or the Donation of Prince and People; and as to Conquest it would be ridiculous to alledg it, since the
Dariens
are in actual possession of their Liberty, and were never subdued, nor receiv'd any
Spanish
Governor or Garison amongst them. Nay, they were so far from it, that
Wafer, Dampier
, and others that have wrote of that Country, do all agree that they mortally hate the
Spaniards
, were in War with them, and that the
Spaniards
had no Commerce with those
Indians
, nor command over them in all the North side of the Isthmus a little beyond
Porto Bello
.
Wafer's
New Voyage and Description of the Isthmus of
America, p. 11,65,149,150,151.
Capt.
Sharp
in the Journal of his Expedition, published in Capt.
Hacke's
Collection of Voyages, gives an account, that in 1680 he landed at
Golden Island
with 330 Men, and being join'd by one of the
Darien
Princes, whom they call'd
Emperor
, and another to whom they gave the Title of
King Golden-Cap
, with some hundreds of their Men, took
Sancta Maria
, attempted
Panama
, and made prize of several
Spanish
Ships; which is the more remarkable, because Capt.
Sharp
was afterwards tried in
England
for Robbery and Piracy on this very account, but acquitted because of his Commission from those
Darien
Princes: which is a plain Demonstration that the Government of
Eng land
did then look upon
Darien
to be no way subject to
Spain
, whatever some who are Enemies to the
Scots
, do now say against the Legality of their Settlement in that Country. This same Expedition against the
Spaniards
by the assistance of the
Darien Indians
, is confirm'd by Mr.
Dampier
in his Introduction to his
New Voyage round the World
. And the Bp of
Chiapa
, a Prelate of their own, in his
Relation of the
Spanish
Voyages and Cruelties in the
West-Indies,
p.
217. owns
"that the
Spaniards
had not Title to the
Americans
, as their Subjects, by right of Inheritance, Purchase, or Conquest.
We have likewise a large Account, and a full Confirmation of the War and perpetual Enmity betwixt the
Dariens
and
Spaniards
in the History of the Buccaneers of
America, Vol.
2.
Part
4. wrote by
Basil Ringrose
, who was one of their Company. There he informs us that the
Indians
of
Darien
, and the
Spaniards
, are commonly at War with one another; and that the Buccaneers were invited into that Country, and join'd by the
Darien
Princes, Capt.
Andreas
, Capt.
Antonio
, and the King of
Darien
, who assisted them in the taking of
Sancta Maria
, and their attempt upon
Panama
; and the King whose Daughter the
Spaniards
had stole away, promised to join the Buccaneers with 50000 Men. This is the more remarkable, because those very Princes or their Successors are now in League with the
Scots
, and have joyfully receiv'd them into their Country. So that it is the strangest Imposition that can be put upon any Nation, and one of the most audacious affronts that ever was put upon so Great a Prince as K.
William
, for the
Spaniards
to pretend a Right to
Darien
, and accuse him of a Breach of the Peace, because a Colony of his Subjects have settled themselves there; when it is so well known to the World that the Crown of
Spain
has no manner of Title to that Province.
Then as to any claim by virtue of Possession, the
Spaniards
have not the least ground of Plea: All they can alledg on this Head is, that they were once admitted by the consent of Capt.
Diego
, another of the
Darien
Princes, to work on some Golden Mines within 15 Leagues, or thereabouts, of the
Scots
Settlement. But it is plain that this makes nothing for their purpose. That Prince admitted them only as Labourers, but not as Proprietors; and when they broke the Conditions on which they were admitted,
viz.
to allow the
Dariens
such and such Shares of the Product, they were expell'd again by force; and ever since that time the
Dariens
refuse to have any further dealings with the
Spaniards
, who made themselves odious to them by their Treachery and Insolence: So that Mr.
Wafer
tells us
pag.
133. they allow a distinguishing Mark of Honour to him who has kill'd a
Spaniard
: and
pag.
179. that
Lacenta
, one of the chief of the
Darien
Princes, did in his converse with him, express his Sense and Resentment of the havock made by the
Spaniards
in the West of
America
, at their first coming thither.
It remains then that the
Spaniards
can lay no other claim to
Darien
but what they plead
from the Pope's general Grant of
America,
its being bounded by their Dominions, and the Treaties with
England, which shall be consider'd in their order.
To urge the Pope's Grant amongst Protestants is ridiculous, and amongst Papists themselves but precarious: but admitting it were sufficient to justify their Title, it is easy to prove that the
Spaniards
have forfeited all the Right that they can claim by virtue of that Grant.
The Church of
Rome
will not publickly own her power to grant a Right of Conquest, but in order to propagate the Faith, and not that neither, except the Infidel Prince or People be guilty of a Breach of Treaty. So that the Pope's Grant with those Restrictions is so far from establishing the Title of the
Spaniards
, that it plainly overthrows it.
That the
Indians
were committed to the
Spaniards
by Pope
Alexander
VI. on condition that they should teach them the Christian Religion, is prov'd by
Don Bartholomew de las Casas
Bishop of
Chiapa
, in his
Account of the first Voyages and Discoveries made by the
Spaniards
in
America,
and the Relation of their unparallel'd Cruelties
, p. 195. and there he likewise owns,
"that by their acquitting themselves so ill of that Commission, they ought to make restitution of all they have taken from them under this pretext.
And
pag.
200. he charges them with breach of the Terms prescrib'd by the Apostolical Brief, tho Queen
Isabella
, to whom it was granted, earnestly intreated them in her last Will to keep exactly to it.
P.
21. he says that the Title of the King of
Spain
to the
Indians
, is founded only on the obligation he had taken upon himself to instruct them in the true Faith, as appears by the Apostolick Brief: which they were so far from performing, that instead of converting their Souls, they destroyed their Bodies; having in those early days,
viz.
in the time of the Emperor
Charles
V. murder'd above 40 Millions of them; and took so little care to instruct them in the Christian Religion, that they perfectly obstructed their Conversion, and sold those very Idols that some of the poor People had thrown away with abhorrence, to others of the
Indians; ibid.
p. 14. which, together with their other horrid Impieties, created an aversion in those poor Infidels for Heaven it self; according to the known Story of
Hathwey
an
Indian
Prince,
ibid. p.
21
"who being fasten'd to a Stake by the
Spaniards
in order to be burnt, for no other Crime but indeavouring to defend himself and his Subjects against their Cruelties, ask'd a Friar that was discoursing to him of Heaven, promising him eternal Happiness there if he would believe, and threatning him with Hell if he did not, whether Heaven was open to the
Spaniards
; and being answer'd that it was to such of them as were good, replied immediatly that he would not go thither for fear of meeting such cruel and wicked Company as they were, but would much rather chuse to go to Hell, where he might be deliver'd from the troublesom sight of such kind of People.
So that their forfeiture of all Right or Title to
Darien
by the Pope's Grant, if it were of any validity, is plainly demonstrated.
Their next Plea is, that
Darien
is bounded or inclosed by their Dominions,
viz.
by
Portobello
and
Carthagena
, with their Territories on the North, and
Panama
and
Sancta Maria
on the South. To this it is answered, that
Darien
is bounded only by the Sea on both sides, without so much as a
Spanish
Fort or Garison, from
Nombre de Dios
to the Gulf of
Darien
on the North Sea, or from the River of
Chepo
to the River of
Congo
on the South Sea. The Territories of the
Spaniards
confining on both ends of the
Isthmus
are not unlimited, but are restricted on both sides by the
Dariens
, who, as has been already said, were never subject to
Spain
. Nor is it any new thing in the World for independent Soveraigntys to lie inclos'd within the Dominions of other Princes; to instance in no more than
Orange
and
Avignon
in
Europe; Ceuta, Metilla
, &c. possessed by the
Spaniards
themselves in
Africk
, which lie in the very bo som of
Morocco
, and yet the
Spaniards
don't think their Title to them e're a whit the worse. The
Dutch
and
Portugueze
have both of them Settlements on the Coast of
Brasil
, to which the
Spaniards
pretend a Right. The
French
have Settlements in
Hispaniola
and
Guiana
, notwithstanding the Neighborhood of the
Spaniards
. The
English
and
French
have both of 'em Plantations in
Newfound-land
. The
Dutch
in time of Peace settled on
Long Island
in the middle of the
English
Plantations, yet no War ensued upon it. The
English
possessed themselves of
Bahama
Islands, tho the
Spanish
Fleet passed betwixt them and
Florida
: and the
English
have several times settled at
Port-Royal
in
Campechy
Bay, to cut Logwood,
&c.
and remov'd and settled as they found convenient. K.
Charles
II. in time of Peace granted a Patent to Dr.
Cox
to settle a Colony in the Bay of
Mexico
, which was never question'd by the
Spaniards
: and the
French
have now since the Conclusion of the last Peace, planted a Colony on the River
Mississipi
in that same Bay, against which we hear of no Complaints from
Madrid
. So that the Plea of the
Spaniards
from this Topick is perfectly overturn'd by Common Practice, the Law of Nations, and their own Concessions in parallel Cases.
The Next Plea of the
Spaniards
is from the Treatys betwixt them and the Crown of
Great Britain
, of which they alledg the Settlement of the
Scots
at
Darien
to be a Breach: But that there's no ground for this Allegation, will appear to those that peruse the said Treatys,
viz.
that of
May
23. 1667. and that of
July
1670. wherin there's not the least mention of excluding either Party from enlarging their Dominions in
America
, upon Wastes, or by consent of the Natives, in such places as have never yet been possest by
Spain
or
Great Britain
. So that all that can be infer'd from those Treatys is, that they were a mutual Security for the peaceable possession of what each Crown enjoy'd in that Country, and no more; which is sufficiently confirm'd by the Patent granted to Dr.
Cox
, and the settling and removing of the
English
in
Campechy
Bay,
&c.
without Controul, as before mention'd.
Having thus made it evident that the
Spaniards
have no manner of Title or Right to
Darien
, it is natural in the next place to shew that they themselves are guilty of the Breach of Treaty by proceeding in this Affair as they have done.
By the third Article of the Treaty between the Crowns of
Great Britain
and
Spain
, concluded at
Madrid May
13/23. 1667. it is provided,
That if any Injury shall be done by either of the said Kings, or by the People or Subjects of either of them, to the People or Subjects of the other, against the Articles of that Alliance, or against common Right, there shall not therefore be given Letters of Reprisal, Marque or Countermarque, by any of the Confederates, until such time as Justice is follow'd in the ordinary Course of Law.
Yet the
Spaniards
without any such Procedure, or offering in the least to prove their Title to
Darien
, present a virulent and huffing Memorial, at the very first charging the King
with want of Friendship, and a breach of Alliance, and threatning to take such measures as they shall think meet
: when their sickly Monarchy has not yet had time to breath, since rescu'd from the common Danger wherein
Europe
was involv'd, by the Arms of that very Prince whom they treat so ungratefully.
But this is not all; for contrary to the express Words of that same Treaty, they attack the
Scots
by Sea and Land, who had done them no Injury, but acquainted them that they came thither peaceably, without any hostile design against them or any other People; and were so generous as to reject the Motion of Capt.
Andreas
, one of the
Darien
Princes, and their Ally, when he offer'd to make them Masters of
Panama
, if they would but join him with 500 of their Men.
The
Spaniards
have also, contrary to the 10
th
and 11
th
Articles of the Treaty concluded at
Madrid, July
8/18 1670. concerning
America
, detain'd the
Scots
and
English
Prisoners who were forc'd ashoar at
Carthagena
by Shipwrack, tho all such Practices be expressly provided against by the said Articles: and they have also violated the 14
th
Article of that Treaty which forbids Reprisals, except in case of denying or un reasonably delaying Justice. From all which it is evident that the King of
Great Britain
has just reason to demand Satisfaction of the
Spaniards
for attacking his Subjects contrary to Treaty; and that the
Scots
being thus injuriously treated, may very lawfully, not only make Reprisals upon the
Spaniards
for themselves, but join with the King of
Darien
in taking
Sancta Maria, Panama
, or any other place belonging to the
Spaniards
in that Country, of which the
Dariens
are Natural Lords, and the
Spaniards
Tyrannical Usurpers, as is pleaded by the King of
Darien
himself; and therefore he invited the
English
Buccaneers to assist him to retake it: and by this Capt.
Sawkins
justified his Proceedings in a Letter to the Governour of
Panama
, asserting that the King of
Darien
was true Lord of
Panama
, and all the Country thereabouts; and that they came to assist him.
History of Buccaneers
, Vol. 2. part 4. p. 32. And we have mentioned before that Capt.
Sharp
, who was accused of Piracy, for that same Expedition, and succeeded
Sawkins
in his Command, was acquitted in
England
, because he had that Prince's Commission.
Having fully prov'd that the
Spaniards
have no Title to
Darien
, it remains to be prov'd that the
Scots
have as good and just a Title to their Settlement there, as any People in the World can have; which may easily be demonstrated thus:
They were authorized by an Act of Parliament, and the King's Letters Patent,
to plant Colonies in
Asia, Africa,
or
America,
upon Places not inhabited, or any other Place, by consent of the Natives, not possest by any
European
Prince or State
. Being provided with this Authority, than which there cannot be a Greater, or one more duly and honestly limited, they equipp'd their Ships, and landed on the North side of the
Isthmus
of
Darien
in
November
1698. where the
Spaniards
, as has been fully prov'd, never had any Possession, and no other
European
Prince or State pretends any Claim to it. Being arriv'd there, they fairly obtain'd the consent of the Princes and People of the Country, and particularly of Capt.
Andreas
, who is the chief man in that Tract; and after a solemn Treaty and Alliance deliberatly made, and wrote in
Spanish
, because the said Prince understands that Language, they peaceably enter upon their new Colony, without either Force or Fraud. So that they have religiously kept to the Conditions of the Act and Patent, which is a plain demonstration that they have a just and legal Title to their Settlement, and a Right to the Protection of the Government, against the Attempts of the
Spaniards
, or any other People whatsoever.
The next Topick to be insisted upon, is the Advantage or Disadvantage that may redound to
England
from this Settlement. We shall begin with the Disadvantage which consists in the supposed Damage it may do to the Trade of
England
, and that it may, as is pretended, occasion a Rupture betwixt them and
Spain
. To this we may easily reply, that being a distinct and independent Nation, we are not oblig'd to consult their Interest, any further than they consult ours; and that we have as much reason to maintain this Colony, because of the Advantage it may bring to our selves, as they have to oppose it, because of the Disadvantages that they fancy may arise from thence to
England
. But withal we deny that it can be any damage to their Trade, which from that part of the World consists chiefly in Sugar and Tobacco, neither of which are yet to be found in
New Caledonia
. But that which we look upon to be a compleat Answer to the Objection is this, That they may be Sharers with us in the Settlement if they please, and by consequence Partners in the Profits and Trade, and lay it under such Regulations as may prevent its endamaging the Commerce of
England
.
And whereas it is further objected, That by the great Immunities and freedom from Customs granted to the
Scots
Company for so many years, we shall be able to undersel the
English
Company, forestal their Markets, and lessen his Majesty's Customs; we answer, that this Objection is in a great measure obviated, since we do not now pretend to set up an
East-India
Trade; but admitting it were true, it will be to the general Advantage of the
English
Nation, since the Buyers are always more than the Sellers. It must certainly be better for the Kingdom in general, that every one who has occasion for Muslin or
Indian
Silks,
&c.
should save so many Shillings per Yard or Piece in their pockets, than that some two or three Merchants should once in an Age get Mony enough to make a Daughter or two a Countess or Dutchess. Nor can it be denied but it's better for
England
, that Housekeepers in general should save that Mony to buy Provisions for their Families, which consumes our own Product, than that a dozen of Merchants should be enabled by the extravagant Prices of those Commodities to keep their Coaches. Add to this, that the
English
if they please by joining with the
Scots
may have an equal Share of all those Immunities; and if there should be for some time a lessening of the King's Customs, of which there is at present no manner of prospect, it will be sufficiently made up in time to come by a large addition, if that Colony prospers; so that the King's Bounty in that respect is but like the bestowing of charge to improve barren or waste Ground, which will return with treble Interest to him or his Heirs.
There's another Objection made against the
Scots
Company, that by their Constitution such Ships as belong to them must break Bulk no where but in
Scotland
, which will diminish the number of
English
Ships and Seamen, and make
Scotland
the only Free Port of all those Commodities. To which it's replied, That tho our own Ships are obliged to break Bulk no where but at home, they don't lay the same Obligation upon others, but, allowing them a free Trade to
Darien
, they may carry their Goods where they please; or upon fair Proposals, there's no doubt but the Parliament of
Scotland
will give the
English
all possible Liberty as to that matter.
Then as to the hazard of a Rupture with
Spain
, we reply, That the
Spaniards
are in no condition to break with
England
, when they are not able to maintain themselves against the Insults of the
French
by Sea and Land: and the only way to secure them in the
British
Interest is to have a powerful Colony in
Darien
, which lying in the very Centre of their
American
Dominions, and within reach of their Silver and Gold Mines, will be an effectual Curb upon them, and not only prevent their own Hostilities, but their joining at any time with our Enemies; or if they do, being Masters of their Money, we shall speedily cut the sinews of their War.
In the next place we urge that it wil be very much for the Interest and Advantage of
England
to incourage and support us in this Settlement.
1.
Because by this means the
Scots
will increase their Shipping, and come in time to have a Naval Force, capable of assisting the
English
in the common defence of the Island, in maintaining the Soveraignty of the Seas, and convoying their Merchantmen in time of War; the necessity of which is obvious enough, since they and the
Dutch
both have scarce been able to secure their Trade, maintain the Dominion of the Seas, and defend themselves from the Invasions of the
French
during the last War. Nor can the
English
always promise to themselves the Amity of the
Dutch
, who are their Rivals in Trade, and differ far enough from them both in Temper and Interest, there's nothing to cement them but the Life of our present Soveraign: Whereas the
Scots
being united with the
English
under the same Government, and inhabiting the same Island, must of necessity have the same Interest as to Trade, and to defend the Country against all Foreign Invaders, as they constantly did in former times, against
Romans, Danes, Saxons
, and
Normans
, notwithstanding their living then under a separate Prince, and their frequent Wars with
England
. Nor is that brave resistance which a few of them made to the
Dutch
at
Chattam
to be forgotten, which did in a great measure repair the Honour of
England
, and make amends for the Ignominy and Disgrace which that Attempt put upon the
English
Nation.
2.
As
Scotland
increases in Shipping, they will increase in Wealth, and by consequence be able to bear a greater share of the Burden of any Foreign War, which will save Men and Mony to
England
, and lighten their Taxes.
3.
The Success of the
Scots
in their
American
Colony, will be an additional Strength to the
English
Plantations in the
West Indies
, as well as an Advancement of their Trade, by consuming their Product, and giving them theirs in exchange.
4.
The Success of the
Scots
at
Darien
will be of great advantage to
England
; for the more Mony the
Scots
acquire by their Trade, the more they will spend in
England
, which being the Seat of the Government, must frequently be visited by their Nobility and Gentry, who generally furnish themselves in
England
with their best Apparel, Household-furniture, Coaches and Horses,
&c.
besides the Mony that the young Noblemen and Gentlemen spend in their Passage through that Nation, when they go ano come from their Travels. These things occasion their laying out vast Sums of Mony annually in the City of
London
, which being the Seat of the Government, will as certainly draw Mony from
Scotland
, as the Sun draws Vapours after it.
5.
The Success of the
Scots
in their foreign Plantation, will not only ease
England
of great numbers of their Pedlars, so frequently complain'd of in Parliament by Country Corporations and Shopkeepers, but it will occasion the return home, and prevent the going out of vast numbers of their Youth, who follow the same sort of Imployment, or betake themselves to the Sword in
Denmark, Sweden, Poland, Muscovy, Germany, Holland
and
France
; by which means the Government of
Great Britain
may furnish their Fleets and Armies at a much cheaper and easier rate than formerly, and with as good Mariners and Soldiers as any in the World.
6.
The
English
by joining with the
Scots
and supporting their Colony at
Darien
, may have their Plate brought home in their own Bottoms, and from their own Mines, with which we are assured that Country abounds, without being obliged to touch at
Cadiz
or any foreign Port, being liable to the vexatious Indultos of foreign Princes, or in such hazard of being intercepted as they many times were during the late War.
7.
The
English
may by joining with the
Scots
render themselves more capable than ever of keeping the Ballance of
Europe
in their hands; a Trust which Nature and Providence seems to have assign'd 'em, since their Situation and Naval Force not only makes it proper for them, but they have had an opportunity put into their hands in little above the Revolution of one Century, of twice breaking the Chains of
Europe
when threatned with Slavery; first by the
Spaniards
, and then by the
French
. This is so much the more evident, that by being possess'd of
Darien
they will be able either to prevent the uniting the
Spanish
and
French
Monarchies; or if not so, to render that Union so much the less dangerous, when it will be in their power to seize their Treasure and Dominions in the
Indies
, without which that bulky Monarchy must fall by its own weight. This is likewise of so much the greater importance, that it may very probably either prevent a religious War, towards which the Papists discover so much inclination, or at least bring it to a speedier Conslusion: for we have as good reason to look upon the
Spanish
Mines in the
West-Indies
to be Antichrist's Pouch, by which he maintains his War against the Church, as the old
Taborites
had to call the Silver Mines in
Bohemia
by that Name. It is certainly the surest Method of destroying Antichrist, to seize his Purse; for if he once be depriv'd of
Judas's
Bag, he will quickly drop
St. Peter
's Keys. It's by the Charms of her Gold that the
Babylonish
Whore hath made the whole World to wonder after her, and the Kings of the Earth to be drunk with the Cup of her Fornication.
8.
By this means the
English
may be better able to prevent the ruin of their Trade in the
Mediterranean
and
West-Indies
, if the
French
should possess themselves of the Kingdom of
Spain
: and they will likewise be the better able to prevent their possessing themselves of the
Netherlands
; which if once they should do, and get Ports there capable of holding a Fleet, they would also ruin their
Eastland
Trade, and put a period to the Liberties of
Great Britain
.
9.
It will effectually unite the
Scots
to
England
by an inseparable Tie, if the
English
join us in this Undertaking: Their Ancestors would have gladly purchased this Union at a much dearer rate, but were always outbid by
France
: and the want of that Union made the
English
not only an easy Prey to their successive Conquerors, but lost them all the large Provinces that they enjoy'd beyond Sea, which were their natural Barriers, gave them a free Access to the Continent, and made the
English
Name so glorious in the days of their Ancestors.
10.
It will be of general advantage to the Protestant Interest, and contribute to the advancement of pure Christianity, without any of the
Romish
Sophistications: which certainly ought to weigh much with all true Protestants; and so much the more, that the Pope and the Conclave or
Rome
have espoused the Quarrel of the
Spaniards
in this Affair as a Cause of Religion. Doubtless the poor
Americans
will be more inclinable to imbrace Christianity, when they find the difference of the Morals and Doctrine betwixt Protestants and Papists, and see that the former treat them with Humanity, and seek their Welfare both in Body and Soul; whereas the
Spaniards
have render'd themselves, and the Religion they profess, odious, by the inhuman Cruelties and brutish Lusts which they have exercis'd upon so many Millions of the Natives. This is so far from being a Calumny, that an unexceptionable Author of their own,
Don Bartholomew de las Casas
Bishop of
Chiapa
, formerly mention'd, who was an Eye witness of their Cruelties, gives an account that they had in his time destroyed above 40 Millions of the poor
Indians
; tho they receiv'd them with the greatest kindness imaginable, were ready to do 'em all the friendly Offices that one man could desire of another, and testified their great Inclination to have embrac'd the Christian Religion. But the
Spaniards
aim'd at the Destruction, and not at the Conversion of the
Indians
; and are avowedly charg'd with it by the said Bishop, who in many places of his Book declares, that after they had sent for the Chiefs of the Countries to meet them in an amicable manner, which the poor harmless Creatures did without suspicion of any Fraud, these merciless Tyrants murder'd them by wholesale, on purpose to make themselves terrible to them. This was a Practice so inconsistent with Humanity, that all the People of the World ought to have resented it; as having much more reason to declare the
Spaniards
to be Enemies to Mankind, than ever the
Roman
Senat had to declare
Nero
to be such.
But this sort of Treatment, compar'd with what they made others to suffer, may well be call'd Mercy: for tho it was Death, the
Indians
were hereby quickly deliver'd from their Misery; whereas they put multitudes of others to lingring Deaths, that they might fell themselves die gradually: and yet this is not so intolerable neither as the Condition of those poor People that had the misfortune to survive that Cruelty; for the whole time of their Lives under that miserable Servitude, is but Death prolong'd, or making his attacks upon 'em by intolerable Labor, and continual Hunger, the most insupportable of all Plagues; those poor Creatures that toil in the Mines, and are imploy'd in Pearl-fishing.
&c.
having no more Sustenance allow'd them, and that too of the coarsest sort, than is just enough to keep Soul and Body together, in order to prolong their Misery. Then let any man, who has but the least remains of Humanity left him, judg whether the
Scots
could be criminal, if they should have actually landed upon a
Spanish
Settlement, and have seiz'd the same, in order to deliver their Brethren the Sons of
Adam
, from such hellish Servitude and Oppression as the above mention'd Bishop describes; and if no man that has any bowels of Compassion within him can say they could, what shadow of reason is there to blame the
Scots
for erecting a Colony where the
Spaniards
never had any footing?
The next Thing to be consider'd is, whether the
Scots
without the assistance of
England
, may probably maintain their footing there, which there's no doubt may very well be determin'd in the affirmative.
1.
Because the whole Kingdom of
Scotland
being more zealous for it, and unanimous in it than they have been in any other thing for forty or fifty years past, it is not to be doubted, but they will use their utmost Efforts to support themselves in it by their own Strength; or if that will not do, by making Alliances with other Nations that are able to assist them with a Naval Force.
2.
If they meet with no other Opposition but what the
Spaniards
are able to make to them, it will be easy for the Nobility, and Gentry, and Royal Burroughs of
Scotland
, to raise Money upon their Lands,
&c.
to increase their Stock for the
American
Trade, and buy Ships of Force to protect it: Nay, without that it's but giving Commission to the Buccaneers to become an over-match for the
Spaniards
.
3.
Supposing the
French
should offer to join with the
Spaniards
, and assist them to drive the
Scots
from
Darien
, as some say they have already proffered; we are not to imagine that the
Spaniards
will accept their Proffers in this case, when they refused them as to the driving the
Moors
from before
Ceuta
. The Reasons are obvious: They declin'd the accepting their Proffers as to
Ceuta
, because they would not thereby give the
French
an opportunity of possessing themselves of any of their Towns in
Africa
, as it is but too common for foreign Auxiliarys to do in such cases. Then certainly they have much greater reason to refuse their Proffers as to
Darien, America
being of infinitly more value to them than some
African
Towns: and if once the
French
should get footing there, it would be in vain for the
Spanish
Grandees any further to dispute the Succession of
France
to their Crown; for they would immediately seize upon their Mines and Trasures in the
West Indies
, without which the
Spanish
Monarchy is not able to support it self.
Or supposing the King of
Spain
should live for many years, and by consequence keep the
French
out of possession; yet having once got footing at
Darien
, which they will certainly do, if the
Scots
be expell'd by their assistance, the
Spaniards
will quickly be convinc'd to their Cost, that they are more dangerous Neighbours than the
Scots
; not only because of their greater Power to do them more mischief, but because of their incroaching Temper, which all
Europe
is sensible of; and being of the same Religion with the
Spaniards
, and having of late years set up for the Champions of Popery, they will by the Influence of the Clergy, bring all the
Spanish
Settlements of
America
to a dependence upon them, and a love for them as the great Protectors of the Catholick Faith; which will at once destroy the Interest of
Spain
in
America
.
This will appear to be no vain Speculation, to those that consider the Temper of the Popish Clergy, and the Insolence of the
Spanish
Inquisitors, who so daringly reflected upon the late Alliance of
Spain
with Protestant Princes and States, tho absolutely necessary to preserve that Nation from being swallowed up by
France
.
Whereas the
Scots
being zealous Protestants, and for that very reason hateful to the Popish Clergy and Laity, they are under a moral Impossibility of having so much Influence to withdraw the
American
Settlements from the Obedience of
Spain
: and besides, being under an obligation by the principles of their Religion, and their fundamental Constitution, not to invade the Property of another, the
Spaniards
have no cause to fear any thing from them, provided they forbear Hostilities on their part; but on the contrary may find them true and faithful Allies, and useful to assist them in the defence of their Country, if attack'd by the
French
as in the late War: it being the interest of the
Scots
as well as of the
Spaniards
, to prevent the accession of the Crown of
Spain
to that of
France
.
These things, together with the known Endeavours of the
French
to procure an Interest amongst the Natives of that Country, and especially with
Don Pedro
and
Corbet
, in order to a Settlement, make it evident enough that it is the Interest of
Spain
the
Scots
should rather have it than the
French
, who have already been tampering with the
Spaniards
as well as with the
Indians
, and doubt not to have a large share of
America
whenever the King of
Spain
dies.
But admitting that the
Spaniards
should so far mistake their Interest, as to accept of the Proffers of the
French
to expel the
Scots
, it is not impossible for the latter to find other Allies than the
English
to assist them with a naval Force to maintain their Possession.
The
Dutch
are known to be a People that seldom or never mistake their Interest: They are sensible how useful the Alliance of
Scotland
may be to them, both in regard of their Liberty to fish in our Seas without controul, and of being a Curb upon
England
, in case the old
Roman
Maxim of
delenda est Carthago
, should come any more to be applied by the
English
to that Republick, as in the Reign of K.
Charles
II. They are likewise sensible of the advantage it would be to their Trade to be Partners with the
Scots
at
Darien
; and how effectual it may be to disable the
French
to pursue their Claim to
Spain
, and by consequence to revive the old Title of that Crown upon their own seven, as well as to swallow up the other ten Provinces. These things, together with a long continu'd Amity and Trade betwixt
Scotland
and
Holland
, and their Union in Religion and Ecclesiastical Discipline, are sufficient to evince that the
Dutch
would become our Partners in
America
with little Courtship. That they are able to assist us in that case with a Naval Force sufficient, is beyond contradiction; and that they would soon be convinc'd it is their Interest to do it, to prevent that monstrous Increase of the
French
Monarchy, is obvious enough from the part they acted in the late War.
But admitting that none of those Considerations should prevail with the
Dutch
, and that they should likewise abandon us; it is not impossible for us to obtain an Alliance and Naval Force from the Northern Crowns: It's well enough known that those Kingdoms abound with Men and Shipping, and that they would be glad with all their hearts to make an Exchange of these for the Gold and Silver of
America
, which they might easily carry from Town to Town, and from Market to Market, without the trouble of a Wheel-barrow, as they are now obliged to do with their Copper. From all which it is evident enough that it is not impossible for the
Scots
to maintain themselves in
Darien
without the Assistance of
England
.
The next thing to be discours'd of is, what the consequences may probably be, if the
English
should oppose us in this Settlement.
We could heartily wish there had never been any ground for this suggestion, and that the Opposition we have met with from
England
had been less National than that which we had from both their Houses of Parliament, after the passing an Act for an
African
Company,
&c.
in ours: and it were to be wish'd that so many of the
English
had not given us such proofs of an alienated mind and aversion to our Welfare, as they have done since by their Resident at
Hamborough
, and their late Proclamations in their
West India
Plantations: and we could have wish'd above all that his Majesty of
England
had not in the least concurr'd, or giv'n his Countenance to that Opposition; for as King of
Scots
it is plain he could not do it: he hath con firm'd what we have done by the Touch of his Scepter, which no private Order or Instructions can revoke. And we could wish that his
English
Counsellors, who put him upon those things, would remember that
Strafford
and
Laud
lost their heads for giving K.
Charles
I. that fatal Advice of oppressing and opposing the
Scots
.
We did verily think that the suffering of our Crown to be united with that of
England
in the Person of K.
James
their First, and our Sixth; our seasonable coming to the rescue of their expiring Liberties in the Reign of K.
Charles
I. our being so instrumental to rescue them from Anarchy and Confusion, by the Restoration of K.
Charles
II. and above all, our generous and frank Concurrence with them in the late happy Revolution, and Advancement of K.
William
III. We did verily think that all these things deserv'd a better Treatment; and to evince that they did, we shall beg leave to insist a little upon the first and last.
The
English
have no cause to think that we were ignorant of the Reason why their politick
Henry
VII. chose rather to match his eldest Daughter with the King of
Scots
, than with the King of
France
, because he foresaw that if the King of
Scots
should by that means come to the Crown of
England
, he would remove the Seat of his Government thither, which would add to the Grandeur and Riches of
England
: Whereas if the King of
France
did by that means fall Heir to the
English
Crown, he would certainly draw the Court of
England
to
Paris
. This the
Scots
were so far from being ignorant of, that many of the Nobility and Gentry did express their dislike of the Union of the Crowns, as well knowing that it would reduce our Kingdom into a Subjection and Dependance upon
England
, and drain us of what Substance we had; and therefore some of them express'd themselves on that occasion, that
Scotland
was never conquer'd till then: yet such was our Zeal for the common Welfare of the Island, the Interest of the Protestant Religion, and of
Europe
in general, which were then almost in as much danger by
Spain
, as they have been since by
France
, that we quietly and freely parted with our King, and suffer'd him to accept the
English
Crown, rather than that Nation should be involv'd in War and Confusion, and the Protestant Religion indanger'd by another Successor, as it must necessarily have bin, had the Infanta of
Spain
, whose Title was then promoted by the Popish Interest, succeeded. And all the reward we had for this Condescension and Kindness, was a contemptuous and disdainful refusal, on the part of
England
, of an Union of the Nations when proposed, tho the same would visibly have tended to the benefit of the whole Island, the general advantage of
Europe
, and the security and increase of the Protestant Interest. And our King was so little thankful on his part, that tho he promis'd solemnly in the Great Church of
Edinburgh
before his de parture, that he would visit his Antient Kingdom once in three years, he never saw it after but once, and that not till 14 years after. And by the influence of that same Faction in
England
, who are still our enemies, he made Innovations both in Church and State, contrary to the Laws of the Land, and his own solemn Oath; which laid the foundation of all those Disasters that ended in the fatal exit of his Son, and the subversion of the Government of both Nations. These were the first Advantages we had by the Union of the Crowns.
His Son King
Charles
I. had scarce ascended the Throne, when we had new Proofs of the Disadvantages we labour'd under by that Union; for he by the Advice of some Enemies to our Nation, did in an imperious and arbitrary manner send for our Crown, tho the only Monument almost left us of our Independency and Freedom; but was generously answer'd by him that had it in keeping, That if he would come and be Crown'd in
Scotland
, he should have all the Honour done him that ever was to his Ancestors; but if he did not think it worth his while, they might perhaps be inclin'd to make choice of another Soveraign, or to that effect; as recorded in the Continuation of Sir
Richard Baker
's History. Another Disadvantage we had by that Union of the Crown, was this, That that unfortunate Prince being inspir'd with an aversion to the Constitution of our Country, by his Education in the Court of
Eng land
, he made an unnatural War upon us to bring us to a Conformity with
England
in Church-Matters. We shall not here offer to debate which of the Churches was best constituted, or most agreable to the Scripture-Pattern: It suffices for our Argument, that we were injur'd in having a foreign Model offered to be obtruded upon us, which was the Consequence of the Union of the Crowns, and of having our King educated in another Nation; but that was not all, another mischievous effect of the Union was this, that whatever King
Charles
had deserv'd at our hands, yet out of natural Affection, Conscience and Honour, we were oblig'd to do what we could to prevent his illegal Trial and Death, and to defend his Son's Title, which threw us into Convulsions at home, occasion'd us the loss of several Armies, and expos'd our Nation afterwards to ruin and devastation by our implacable Enemy the Usurper, which together with the ungrateful Retributions made us by the Government after the Restoration, were enough to have wearied any Nation under Heav'n, but our selves, of the Union of the Crowns.
Yet such was our Zeal for the Protestant Interest, the Welfare of the Island, and the Liberty of
Europe
, that tho we had a fair opportunity of providing otherwise for our security and the Advancement of our Trade, and of forming our selves into a Commonwealth, or of bringing
England
to our own terms, yet we frankly and generously concurr'd with them to settle our Government on the same Persons, and in the same manner as they did theirs, and all the Reward we had from them is, that an Union of the Nations, tho twice propos'd by his Majesty in Parliament, hath been contemptously rejected, our King questioned by a Parliament of
England
for an Act of his Parliament in
Scotland
, which is a manifest Impeachment of our Soveraingty; a Compliance with which excluded
Baliol
and his Heirs for ever from our Crown; and to this they have added an opposition to our receiving foreign Subscriptions at
Hamburgh
and elsewhere, refus'd us a Supply of Corn for our Mony, to relieve us in our Distress; and discourag'd our Settlement at
Darien
, by forbidding their Subjects to trade with us there. If these continued Slights and Injuries be not enough to make us weary of the Union of the Crowns, let any Man judg.
To discover a little of the unreasonableness of this sort of Treatment, we dare appeal to the calm thoughts of such of our Neighbours in
England
, as prefer the Interest of the Publick to private Animosities, and foolish ill-grounded Piques, either as to Church or State; whether at the time of the Revolution, and before we declar'd our selves, they would not have been willing to have assur'd themselves of our Friendship, at the rate of uniting with us as one Nati on? Had we but demurr'd upon forfeiting the late K.
James
, or made but a Proffer of renewing our antient League with
France
, and joining with that Crown to keep that Prince upon the Throne of
Great Britain
; they know we might have made what Terms we pleas'd with the late King and
Louis
XIV. on that condition, and might have been restor'd to all the Honours and Privileges that our Ancestors enjoy'd in
France
, which were almost equal to those of the Natives; and yet that gallant Nation thought it no disparagement to them, however we be despis'd and undervalued now by a certain Party in
England
.
Had we but seem'd to have made such Overtures, the
English
must needs have foreseen that the natural Consequences of such a Design, if it had taken effect, must have been these,
viz.
the late King's Adherents in
England
would certainly have join'd us, and our Nation would have afforded them a safe retreat, in case of any Disaster, till they could have concerted Matters to the best advantage; the late King would not have yielded himself such an easy Conquest, nor disbanded his Army in such a manner as he did;
Ireland
had certainly never revolted, since every one knows that the Revolution was begun, and in a great measure perfected there by the
Scots
of the North; so that
England
must have become the Theatre of War, bin liable to an Invasion from
France
on all occasions, would only have strenghtened her Fet ters by struggling with them, and expos'd all the Patriots of her Religion and Liberty to Butchery and Destruction.
These must certainly have been the Consequences of our adhering to the late King, and the
English
would have thought they had had a very good Bargain if they could have bought us off in that case with uniting both the Kingdoms into one, and granting us a joint Trade to their own Plantations; wheras now they will not allow us to settle a foreign Colony of our own, and treat us as Foreigners in theirs.
To shew that this is not a mere Conjecture, that has no other ground but a Vision of the Brain, they may be pleas'd to consider the honorable Privileges granted us by their Ancestors, and some of the greatest Princes that ever swayed their Scepter,
viz.
King
Edward
and
William
the Conqueror, who by the Consent of the States in Parliament assembled, enacted,
That the
Scots
should be accounted Denizons of
England
, and enjoy the same Privileges with themselves, because of their frequent Intermarriages with the
English,
and that they did ever stand stoutly as one Man with them for the common Utility of the Crown and Kingdom, against the
Danes
and
Norwegians,
fought it most valiantly and unanimously against the common Enemy, and bore the burden of most fierce Wars in the Kingdom.
This they will find in a Book call'd,
Archaionomia
, translated from the
Saxon
by
William Lambard,
and printed at
London
by
John Day
in
1568.
It must be granted, that the Reasons of such a grateful Retribution are redoubled now: Intermarriages betwixt the two Nations are more frequent than ever; the Union of the Kingdoms under one Crown for almost 100 years; the generous Concurrence of the
Scots
in the last Revolution; their loss of so many gallant Officers and brave Soldiers in the common Cause during the late War, and the preservation of
Ireland
, which hath been twice owing to our Countrymen, might reasonably entitle us to the same Privileges now, that our Ancestors were formerly allow'd by King
Edward
, and
William
the Conqueror. We need not insist on another sort of Obligation, that we have put upon
England
twice within this 60 years,
viz.
the delivering them from their Oppressions in the time of K.
Charles
I. the Anarchy of the Rump, and several Models of Armys and Juntos, by encouraging General
Monk's
Undertaking; for it cannot be denied that we had the Ballance of
Europe
in our hands at the time of the last Revolution, and that we turn'd the Scale to the advantage of
England
in particular and of
Europe
in general, which must be allow'd to be as great a Service, as that which was so thankfully rewarded by
Edward
, and
William
the Conqueror; whence it is evident that those
Englishmen
, who at present oppose our Settlement in
America
, don't inherit the gratitude of their Ancestors, when they not only will not allow us to trade in conjunction with them, but with stand our doing any thing that may advance a Trade by our selves.
If they object that what we did in all those cases was no more than our duty, and what we ow'd to our own Preservation as well as to theirs: it is easy to reply, that admitting it to be so, yet by the Laws of God and Men People are incourag'd to perform their Duties by Rewards; and their Ancestores were so sensible of this, that tho they knew we were equally concern'd to defend the Island against foreign Invaders as well as they, yet they thought themselves oblig'd in Policy as well as Gratitude, to reward us; which they not only did by that Honorary
Premium
of allowing us to be Denisons of
England
, as above-mention'd, but sometimes gave to us, and at other times confirm'd to us the three Northern Counties of
Northumberland, Westmorland
, and
Cumberland
, bo be held in Fee of the Crown of
England
.
It is likewise very well known with how much Honour the Parliament of
England
treated us, when they courted our Assistance against K.
Charles
I. and what large Promises that Prince made us, if we would have but stood Neuter; which tho we had reason to think many of those that opposed him had no great kindness neither for our Civil nor Ecclesiastical Constitution, yet the sense that we had of the common Danger that our Religion and Liberties were in at that time, made us proof against all those Tentations; so that after all Endeavours for a Reconciliation betwixt the King and the Parliament of
England
prov'd unsuccessful, we sent in an Army, which cast the Ballance on the side of the latter; who before that time were reduc'd low enough by the King's Army, as is very well known to such as are acquainted with the History of those times, and is own'd by my Lord
Hollis
in his Memoirs lately publish'd.
But to return to the last Revolution: Tho we must own that we owe our Deliverance to his present Majesty, and were oblig'd in Conscience and Honour to concur with him; yet who could have blam'd us to have stood upon Terms before we had fallen in with
England
? especially considering how ungratefully (nay villanously) we were treated by
Cromwel
and his Party, after we had sav'd them and the Parliament of
England
from the Scorpions that the Cavaliers had prepar'd to chastise them with; as is own'd by the said Lord
Hollis
. Nor could we have been any way culpable, if we had stood upon higher and surer Terms with his Majesty, considering how unthankfully we were abus'd and enslav'd by our late Kings, for whom we had acted and suffered so much. And tho we must own that no less Present than that of our Crown was sufficient to testify our Gratitude for what the Prince of
Orange
had done for us, yet we were under no necessity of gratifying him in that manner, since our Deliverance was effected before hand, and that he him self in his Declaration express'd it to be no part of his design to come for the Crown; so that our Reward was as frank and generous as his Service.
Then as to
England
, we were under no manner of obligation to continue the Union with them: We might have insisted upon having our King obliged to reside as much amongst us as amongst them: that we should be govern'd without any consideration or respect to their Interest, any further than it fell in with our own. We might have insisted upon an Act that we should not be oblig'd to attend his Majesty at any time at the Court of
England
, about our Affairs; but that he should either attend upon our Administration in person
pro re nata
, as he does now upon the Affairs of
Holland
, or lay down Methods to have his Pleasure signified to us at home in such cases as it was requir'd; which would save a vast deal of Money annually to the Kingdom of
Scotland
. Then as to the Succession, we were under no necessity of settling it in the same manner as they did in
England
: for since they had made a Breach in the Line, they could not handsomly have blam'd us to have made an improvement of it, and either to have limited the Reversion after his present Majesty's Death, or otherwise as we should have thought best, for the security of our Civil and Religious Liberties; or we might have settled it upon the Prince of
Orange
and his Issue by any other Wise, there being cause enough then to conceive that he was never like to have any by his late excellent Princess. Had we taken any of these Methods, it must be own'd that
England
would have been considerably weakned, and lessen'd in the Esteem of the World by it; that we should have thereby had an opportunity of making such foreign Alliances with
France
, as formerly, or with any other Nation, as would have made
England
uneasy, and perhaps unsafe on occasion; and therefore it must be reckon'd highly impolitick, as well as ungrateful, in our Neighbours to treat us continually as such a rate, as if they had a mind to bring us under subjection, since we have so many open Doors to get out at.
They must not think that we have so far degenerated from the Courage and Honour of our Ancestors, as tamely to submit to become their Vassals, when for 2000 years we have maintain'd our Freedom; and therefore it is not their Interest to oppress us too much. If they consult their Histories, they will find that we always broke their Yoke at long-run, if at any time we were brought under it by Force or Fraud. The best way to assure themselves of us is to treat us in a friendly manner: Tho we be not so great and powerful as they, it is not impossible for us to find such Allies as may enable us to defend our selves now as well as formerly.
None of these things are suggested with an ill design to raise Animosity betwixt the Na tions, or to perswade to a Separation of the Crowns, but merely to shew those of our Neighbours, who use us so unkindly, that they are bound in Gratitude, Duty and Interest to do otherwise, and particularly to support us in our
American
Settlement, and not to lay our King under a necessity by their froward Humours in Parliament or otherwise, to discourage us in that Undertaking, as they have hitherto done, and continue still to do in their
American
Colonies, by their Proclamations against having any Commerce or Trade with the
Scots
at
Darien
; tho they be settled there according to the Terms of his own Patent, and an Act of Parliament in
Scotland
.
We are not insensible that the present Juncture of Affairs obliges the Kingdom of
England
to carry fair with
Spain
, and may admit that in part as an Apology for some of that Opposition we have met with from them; but the questioning our Act of Parliament at first, and their hindering our Subscriptions at
Hamburgh
afterward, before ever they knew what our design was, make that Excuse of little weight, but allowing it all the force they would have to bear, it may be worth their while to consider whether it be more their Interest to incourage the
Spaniards
in an unjust Opposition to our
American
Settlement, or to support the
Scots
in maintaining their Right. It is certain that the
Spaniards
are in no condition to break with
England
; or if they should, it's in the power of the
English
to reduce them speedily to reason: whereas if the
Scots
should miscarry in their Undertaking by the Discouragements from
England
before-mentioned, which exposes our Ships to be taken and treated as Pirates by any Nation that pleases, the infallible consequence of it will be, that the Ruin and utter Impoverishment of
Scotland
, which must necessarily follow such a Miscarriage, will immediatly affect
England
both in her Trade and Strength: The City of
London
and the Northern Road will soon feel the effects of it, when the Money spent by our Gentry and Merchants continually for Cloaths, Provisions, and Goods, ceases to circulate there:
England
must unavoidably become an easier Prey to any foreign Enemy; since it will not be only the Loss of a Tribe, but of an entire Sister-Nation. Or supposing that
Scotland
should be able to bear up under the Loss, it will lay the foundation of an irreconcilable Feud, and perhaps issue in a War betwixt the two Nations; which did never yet terminate at long-run to the advantage of
England
, and is as unlikely to do so now as ever: for in such a case they would find us unanimous as one Man against them; whereas we are sure that all those who wish well to the Protestant Interest, and their present Constitution, would never join in any such War against us; and therefore those who are Enemies to the Peace of the Nations, being aware of this, labour to effect their Design by another Method, and endeavour as much as they can to dash the Government and us against one another. But they are mistaken in the People of
Scotland
: we are so sensible of our Obligations to K.
William
, and know so well what is due to our Deliverer, that it surpasses all their Art to create in us the least ill thought of him; it is not in the temper of our Nation. The World knows that however frequent and successful we have been in reducing our bad Kings to reason, yet there never was any People under the Sun more loyal and affectionate to good Princes than we have been; and if, when we have been forc'd to oppose our Monarchs, private persons have sometimes carried their Resentments too high, yet the publick Justice of the Nation was always govern'd with Temper. We could multiply Instances to prove this, but need go no higher than the three last Kings, who tho all of them Enemies to our Constitution, as appear'd by their Principles and Practices, yet it's very well known what we both did and suffer'd for them, and particularly for K.
Charles
I. tho the Malice of a Faction in our neighbouring Nation fix'd a scandalous Reproach upon us, as if we had sold him; from which Reflection we are sufficiently vindicated by the Lord
Hollis's
Memoirs before-mentioned; wherein that excellent Person makes it evident, that tho our War against that Prince was just, yet we had all possible respect for his Person, made the best Conditions we could for his Safety and Honour, and to avoid greater Mischiefs, and the playing of our Enemies game to the ruin of our selves and his Majesty, we were necessitated to leave him in
England. Memoirs
p. 68.
Then since we carried it so to a Prince that had been no way kind to us, it will be impossible to create a Breach betwixt us and a Prince, to whom, under God, we owe all that we enjoy as Men and Christians: But at the same time our Neighbours, who think to drive that Nail as far as it will go, would do well to consider that we never believ'd that Doctrine in
Scotland
, that it is unlawful to resist a King, or any that have a Commission under him, upon any pretence whatsoever: we left that Doctrine in
Scythia
, from whence some Authors derive our Origin, and think it only fit to be sent back to
Turkey
, from whence it came. We know very well how to distinguish betwixt a lawful Power, and the abuse of it; and our Ancestors rightly understood how to obey the lawful Commands of their Princes, when Masters of themselves, and how to govern by their Authority, and in their Name, when they were not; tho they did not think themselves obliged to obey their personal Commands, when the Fortune of War, or other Accidents had put them into the hands of our Enemies. Thus we refused Obedience to K.
James
I. when detain'd Prisoner in
England
contrary to the Law of Nations, and carried over into
France
, to command his Subjects there not to bear Arms against the
English
Army, where he was in Person. We told him we knew how to distinguish betwixt the Commands of a King and those of a Captive: and that most of the Kings of
Scots
have been such in relation to us since the Union, we could heartily wish were not too demonstrable.
To return to the point of what may probably be the Consequences if the
English
should proceed to any further degree of opposition; or if the
Scots
should miscarry in the Design. It's reasonable to believe that the
English
will be so wise as to forbear Hostilities, tho we are very well satisfied there is a Party in that Nation who bear ours no good will; but they being such as are either disaffected to the present Constitution, or acted by a sordid Principle of private Interest, it's to be hop'd they will never be able so far to leaven the sound part of the
English
Nation, as to occasion a Rupture betwixt them and us: yet we must needs say that we look upon their way of treating us to be a very unaccountable thing, and that it was no small surprise to us, to find that an
English
Parliament should look on our taking Subscriptions in
England
in order to admit them Joint-Sharers with our selves, in the benefit of the Act to encourage our Trade, to be no less than a high Misdemeanour. We have reason likewise to complain of their constant practice of pressing our Seamen in time of War, as if they were their own Subjects, and that they should treat us in other respects as if we were Aliens; and sometimes confiscate Ships, by reckoning
Scots
Mariners as such: so that the
English
have not only depriv'd us of our Government and the warm Influences of our Court, the want of which is a considerable addition to the natural coldness of our Climate, but they likewise oppress us on all occasions, and do manifestly endeavour to prevent our Application to Trade. We know there's a Party in that Nation, who think we sustain'd no great loss by the removal of our Princes; but we would wish them to consider what a murmuring they themselves make when the King goes annually to the
Netherlands
(tho the safety of
Europe
requires it) because of the damp it puts upon Trade, and the Mony it carries out of the Kingdom. Let them consider then what our Nation has suffer'd in that respect now for almost 100 years, besides the lessening our esteem in the Eyes of the World, so that our Honour and Substance are both swallow'd up by the Kingdom of
England
; and yet they will neither admit us to the privileges of Fellow-Subjects with themselves, nor suffer us to take such measures as may inable us to stand on our own bottom. Certainly this is not the way to establish the Peace, nor to increase the Wealth of the Island.
We know that it was a Maxim in some of the late Reigns, That it would never be well till all that part of
Scotland
on this side
Forth
, were reduc'd to a hunting Field; but we were in hopes the bitterness of those days had been past: yet it seems that Party have still so far the ascendant amongst our Neighbours, as to procure a publick opposition to all our Endeavours for raising our Nation by Trade.
It will upon due examination be found as bad Policy as it is Christianity, to urge, as some of our Neighbours do, that it is the Interest of
England
to keep the
Scots
low, because they are an independent and free Nation, and were our antient Enemies; and therefore may be dangerous Neighbours if they grow rich and potent. Nothing but Rancour and inveterate Malice can suggest such sour thoughts as these. It were fit that sort of Men should be purg'd of their Choler. The
Scots
to obviate all dangers from that Head, have, tho they be much the antienter Nation, condescended so far as several times to propose a Union, which the Gentlemen of that Kidney have hitherto prevented; and therefore we would wish them to look back into their Histories, and upon casting up their Accounts, make a true Estimate of whatever they gain'd by a War with
Scotland
. They will find that their Ancestors, as well as the
Romans
, have been sensible, as
Tacitus
expresses it,
Quos sibi Viros Caledonia seposuerit
; and that as it was true what our Historian says of the unjust and treacherous War made upon us by
Edward
I. that
Scotorum Nomen pene delevit
; it was also true what he says on the other hand, that
Angliam vehementer concussit
: So that those Gen tlemen take the direct way by opposing and oppressing us to run into those dangers they would avoid; for they may assure themselves that if the
English
Opposition to our
American
Settlement should once break out into Hostilities, the
Scots
will find some Allies, antient or new, that will be glad of the opportunity to join with them. Or if, which is most probable, tho highly ungrateful and impolitick, the
English
should so far neglect the
Scots
, as to suffer them to be overpower'd by the
French
, they may be sure that the
Scots
, when put to their last shift, can always make an honourable Capitulation with
France
: It's not to be doubted, but that Crown would be very willing to renew their antient Alliance with us; and besides allowing us a Share at least in the Trade of
Darien
, would on condition of giving them the Possession of
New Caledonia
, restore us likewise to all our antient Privileges in
France
. They would think it a very good purchase if they could secure themselves of that Colony by doing so, granting us what security we could reasonably desire for the uninterrupted Injoyment of the Protestant Religion, and a Freedom of Trade to all places of the World where it did not actually interfere with their own Settlements and Colonies. So that if this should be the case, we leave it to our Neighbours to judg what would become of their
East
and
West India
Trade and Plantations, and of their own Liberty, and whether they would be able to stand out against
France
and us, now that they have no footing on the Continent, since formerly, when they had so many Provinces of that Kingdom in their possession, they found it a hard matter to do it, and at last lost every foot of their
French
Dominions: Whereas had they been in Union with us, they might certainly have retain'd them, and by consequence have prevented the great Calamities that
Europe
hath since groan'd under by the prodigious Increase of the
French
Monarchy.
This we think sufficient to convince those angry Gentlemen in our neighbouring Nation, that are so very much disgusted with our
American
Settlement, that it is the Interest of
England
to join with us and support it, and that it may be of dangerous consequence to them either to oppose or neglect us: Whereas by joining cordially in this matter, they may unite us inseparably to themselves for ever, inrich their own Nation, secure and advance the Protestant Interest, keep the Ballance of
Europe
in their hands, and prevent the returns of its danger, their own expence of Blood and Treasure to save its being threatned with Slavery any more, either by the House of
Bourbon
or
Austria
. Therefore we cannot believe after all, but our wise and politick Neighbours will at last see it their Interest to protect and incourage us in this matter, that we may mutually strengthen and support one another against the
French
, who are loudest in their Clamours against our Settlement, because if incourag'd and improv'd it will defeat all their ambitious and Antichristian Designs; and thereby we shall also be in a condition to assist the
English
Plantations in the
West Indies
, who as we find by the proceedings of the Earl of
Bellomont
and the Assemblies of
New England
and
New York
, are sufficiently sensible of their danger, from the incroaching temper of the
French
, which increases every day; and it is evident that their new design'd Colony in
Mississipi
River looks with a dangerous Aspect upon all the
English
Plantations in
America
, and may be more justly esteemed an Incroachment upon
Spain
, as being in the Bay of
Mexico
, than our Plantation in
Darien
: which argues the treacherous Humour of that Nation, to make such an Outcry against the
Scots
who have invaded no Mans Property, when they themselves are so notoriously guilty of it; and therefore it would seem to be the Interest of
England
rather to strengthen themselves by our Friendship, and to look after the
French
, than to provoke us to look out for other Allies by their opposition and neglect.
We shall conclude this matter with one or two more Arguments to prove, That it is the Interest of
England
to join with us in this Affair; by which also it will appear that there is nothing advanc'd in these Sheets out of any ill Design against the
English
Nation, or to perswade to a disuniting of the Crowns; but on the contrary, that a stricter Union is absolutely necessary, that both Nations may have but one Interest, which will render us less liable to Convulsions and intestine Commotions at home, and put us out of danger of being attack'd by Enemies from abroad.
The first
Argument is this; That by incouraging our Settlement at
Darien, English
Ships that have occasion to pass by those Coasts will there be certain of a place of Retreat in case of attack either by Enemy or Tempest, without danger of being confiscated by the
Spaniards
, and having their Men condemn'd to be perpetual Slaves in the Mines.
2.
If we be incouraged in our
American
Colony, it will contribute much to heighten the Consumption of the
English
Product; since what we have not of our own, or wherein we are wanting either as to quality or quantity, we shall supply our selves, for the use of our Plantation, in
England
; which may be of great benefit to the Northern Counties especially, whence we may conveniently furnish our selves with Beeves for victualling our Ships, our own Cattel being for the most part too small for that use; besides many other things that we shall have occasion to export from
England
for the use of the Plantation, and to maintain a Commerce with the Natives.
3.
By joining with us in this Colony, and securing a Post on the South-Sea, which the Princes of
Darien
will no doubt very readily agree to, they may shorten their Voyages to the
East-Indies
, and by that means be able to outdo all their Rivals in that Trade: but if they will be so far wanting to themselves, as to suffer those advantages to fall into the hands of others who are Enemies to our Religion and common Country, they cannot blame the
Scots
, who have made them such fair Offers; and if our Nation should miscarry in the Attempt, they themselves cannot expect to stand long, but must be buried in the common Ruins, and fall unpitied.
4.
If after all the
English
should continue obstinate in their Opposition to us, as their late Proclamations in
America
, and other Passages would seem to imply they have a mind to, the World cannot blame the
Scots
to provide for themselves by such other Alliances as they shall think meet; since the
English
are so unkind, and have been constantly growing upon us, especially since the Restoration of King
Charles
II. to which we did so much contribute, that without our concurrence it could never have been effected. This will appear to be incontrovertibly true, if we consider that in the time of K.
James
I. we were under no Restrictions as to matters of Trade more than they, except as to the exportation of Wool, and a few other things of
English
Product; and so we continu'd till the Restoration, when K.
Charles
II. and the
English
did very ungratefully lay such Preclusions and Restrictions upon us contrary to the Laws relating to the
Postnati
, by the 12
th
of
Car.
2.
for the incouraging and increasing Shipping and Navigation
, and the 15
Car.
2.
for the incouragement of Trade
; by which we are put in the same Circumstances as to Traffick with
France
and
Holland
, and in a worse condition than
Ireland
that is a Conquest; which is so much the more unreasonable, since we are always involv'd and ingag'd in the Wars betwixt
England
and other Countries: and those with whom they have most frequent Wars, being
Holland
and
France
, the only two Nations with whom the
Scots
have almost any Commerce, our Trade must of necessity sink during such Wars, whereas
England
hath still a great Trade to other parts of the World; and by this means we are forc'd to be sharers in their Troubles, tho they will not allow us to partake of their Profits, nor suffer us to take any measures to procure such as we may call our own.
It is plain from the Instance of
Darien
, and the Proclamations in the
English American
Colonies against their Subjects entertaining any Commerce with our Settlement there, that by the Union of the Crowns upon the present footing, we are in a worse condition than ever; for when any thing happens wherein the Interest of
England
seems to be contrary to ours, it is certainly carried against us, and we are left without remedy: so that in this respect we are in a worse condition than any Foreigners, with relation to
England
; for if a foreign People discover any thing that may be of advantage to them, they are at liberty to pursue it by them selves, or to take in the Assistance of others; and if they find themselves aggriev'd by
England
, they have their respective Governments to make application to for redress: but we are the most unhappy People in the World; for if
England
oppose us, we have no King to appeal to, but one that is either an Alien and Enemy to us, as being King of a greater People who are such, or if he be inclinable to protect and do us Justice as King of
Scots
, he is a Prisoner in
England
, and cannot do it: If they question him in the Parliament of
England
for any thing relating to his Government of
Scotland
, as in the case of our late Act for an
East-India
and
African
Trade, his Interest as King of
England
obliges him to submit himself as King of
Scotland
; by which means our Crown, which we defended so gallantly for so many ages, and which the
English
could never make subject to theirs by force, is now intirely subjected by a false step of our own, in suffering our King to take their Crown upon him without making better terms for our selves: So that instead of having a King to fight our Battels, we have made a surrender of our Prince to the Enemy, who arm him against us; and which is worst of all, we have falsified our own Proverb as to our selves,
That
Scots-men
are wise behind hand
: for tho we sufficiently smarted for it in the four last Reigns, yet we had not so much foresight or care of our selves as to prevent the Consequences of it in this Reign, when it was in our power to have done it. Then if we make application to our antient Allies, or any other foreign Power for Assistance, when we groan under Oppression, we are treated as Rebels: Thus our whole Nation was proclaim'd such for but offering to make application to the King of
France
, as our antient Friend and Ally, when a certain Party in
England
had arm'd our natural Soveraign K.
Charles
I. against us. And that which is still worse, tho our Crown from the time of the Union has been for the most part on the Head of an Alien or Enemy, yet it has influence enough to divide us amongst our selves against the Interest of the Nation; as in the Reign of K.
Charles
II. those that comply'd with the Court of
England
were brib'd with all the chief places in our Administration, whilst those who were true Patriots to their Country (as for Honour sake to instance only in the late Great Duke of
Hamilton
, and our present Lord High Chancellor) were expos'd to all manner of Dangers and Vexations. This we think sufficient to convince our Neighbors that we have no reason to be fond of having the Union of the Crowns continu'd, except the Interest of the Nations be more closely united than ever they have hitherto been. And to let them see that it is their interest as well as ours it should be so, we shall only desire them to consider how fatal it may be to them, if by any Emergency we should be forc'd to break off the Union of the Crowns, and enter again in to a
French
Alliance. It's in vain for them to object that in such a case we should betray our Religion; for we see the persecuted
Hungarians
were protected in that by the
Turks
, tho sworn Enemies to it: nor is it impossible but there may be a Change as to that matter in
France; L.
XIV. is not immortal: and even
Julian
the Apostate himself found it his Interest for some time to protect the Orthodox Christians, whom he mortally hated. But supposing (as indeed there's no great likelihood of it) that no such Alliance as this should ever happen; yet however, if these two Nations be not more closely united, it may be of ill consequence to
England
, if any of their Kings at any time should be so far disgusted with their Proceedings, as to leave them, and betake themselves to us. What a Field of Blood and Slaughter must
England
have become, had we carried off K.
Charles
I. when he came to our Army, or if we had join'd him against the Parliament of
England
? What great Efforts did a Party of our Nation make to inthrone K.
Charles
II. when
England
was against him? and how did our Concurrence afterwards with General
Monk
effect it? How soon did our espousing the D. of
York's
Interest turn the Tables upon those that opposed him in
England
? And if our Nation had likewise espous'd his Cause before the Revolution, the Viscount of
Dundee
gave a sufficient proof what we could have done for him. There's a strong Party in
England
at present against al lowing the King a standing Force, for fear, as they pretend, of losing their Liberties; but all their Opposition in that respect would signify little, if (in case of a Rupture) our Nation should take part with the Court, and bring in 22000 men, with 6 weeks Provisions and Pay, as we are oblig'd to do by Act of Parliament, for his Assistance. This makes it evident that it is not the interest of
England
to slight an Union with us so much as they have don: for so long as we remain divided, any King that is so minded, may make use of us to inslave one another; and any envious Neighbour, whose Interest it is to keep this Island low, will be sure to blow the Coals. If they'd but turn the Tables, and make our Case their own, they would quickly be satisfied of the truth of what we advance. Supposing that the Government of
Scotland
should traverse the Actings of the Government of
England
in relation to their Trade,
&c.
as they have done ours; and supposing that a Parliament of
Scotland
, when the King were there, should question him for the Navigation Act, and that for the Incouragement of Trade in
England
by K.
Charles
II. which lays us under such hard Circumstances and Restrictions, the
English
would certainly very much resent it, and speedily tell us we meddled with what did not belong to us: Then why should they deny us the like liberty in reference to their Proceedings against us, seeing we are a free Nation as well as they?
They cannot think that the Kingdom of
Scotland
will look upon the
English
Proclamations in the
West-Indies
, against having any Commerce with our Colony at
Darien
, to be the Act and Deed of a King of
Scotland
, since it is not only contrary to his own Act of Parliament there, and his Patent under the Great Seal of that Kingdom, but contrary to the Interest of that Nation: but being the Act of a person who is really King of
Scots
, we can look upon it to be no other than the effect of a force put upon him by a Nation which in this matter thinks it their Interest he should do so. Now suppose, which God forbid, our Colony should be starv'd by virtue of those Proclamations, or that our Ships going and coming from
Darien
, should by reason thereof be attack'd, and treated as Pirates by the
English, French, Dutch
, or any other Nation, who may take the opportunity to do it, and say our King has declar'd against us; to whom should we make application for redress in this matter? The King of
England
, he is our Enemy, and emitted those Proclamations; the King of
Scots
is detain'd in
England
, and not Master of himself, but is forc'd to act thus contrary to the Interest of his own antient Crown and Kingdom; as a former K.
William, John Baliol
, and
James
I. were forc'd to do, when in the power of the
English
. In such a case, if our infant Colony should by this means be destroyed, our Neighbours must needs think that we should look for a Compensation somewhere, resume the Government into our own hands, and strengthen our selves by new Alliances; which perhaps might be little to their advantage. This is not suggested as a thing that is ever likely to be practis'd, or to which the Kingdom of
Scotland
is any way inclin'd: Our whole Conduct since the Union is a continu'd evidence of the uprightness of our Intentions towards
England
; and the Offers we did make, and do still continue to make, of admitting 'em as Partners and Sharers in our new Settlement, are enough to stop the mouth of Calumny it self. But if in return for our kindness we meet with Neglect and Contempt, have our Soveraignty trampled under foot, our Settlement in
America
by an Act of Parliament in
Scotland
reflected upon as unjust by Proclamations from
England
, the World cannot blame us to complain of the Violence done to our Independency and Honour; which is not to be salv'd by any politick considerations whatever, that our Neighbours can pretend for this Treatment.
Nor can any thing less than joining with us, and protecting that Settlement against all opposition in case of Attacks by the
French
, or others, sufficiently atone for what is already don, or heal the Wound those Proclamations have giv'n to the common Interest and Honor of the Island.
We come in the next place to give a Description of the
Isthmus
of
Darien
. It lies be twixt the 8
th
and 10
th
Degrees of Northern Latitude, and in the narrowest place is betwixt 60 and 80
Italian
Miles over. We shall not trouble our selves with the Description of any more of it than is in the possession of the Natives, which is in length from E. to W. on the North side from the Mouth of the River
Darien
to Port
Scrivan
, above 140
Italian
Miles; from
Caret
Bay to the River of
Cheapo
on the Southside, it is about 160 in length. It is supposed to take its Name from the great River of
Darien
, that bounds its Northern Coast to the Eastward. It is bounded on the North and South with the vast Oceans that carry the names of the North and South Seas. Its Situation is very pleasant and agreable, and very commodious for a speedy and short Communication of Trade betwixt the North and South Seas, and preventing that vast Compass that must otherwise be fetch'd round either of the Extremes of North and South-
America
. By this means also it lies convenient for a speedier Communication of Trade betwixt
Europe
and the
EastIndies
than any that hath hitherto been found out. Mr.
Dampier
says, that from
Cheapo
, or
Santa Maria
River, a man may pass from Sea to Sea in three days, and that the
Indians
do it in a day and half. There are abundance of valuable Islands on both sides the
Isthmus
, which prevent the breaking in of the Ocean upon it at once; and besides the Conveniences of Wood, Fish, Fowl, and Water, afford good and safe Riding in all Weathers, to any number of Ships, especially those call'd the
Sambaloes
, that lie along the Northern Coast. The Continent is agreably intermix'd with Hills and Valleys of great variety, for height, depth, and extent. The Valleys are watered with Rivers, Brooks and Springs, which take their rise from a great Ridg of Hills that run along the
Isthmus
, but nearest to the Northern Shore, from which it is seldom above 15 miles distant, and from whence the
Sambaloes
Islands, and the various makings of the Shore, and the continued Forest all along the Country gratify the Eye with a very fine prospect. The Rivers on the Northern Coast are generally small, because their Course from the abovementioned Ridg of Hills is but short; yet the River of
Darien
is very large, but the depth of its entrance not answerable to its width, yet further in it is deep enough, and hath a good Harbour in
Caret
Bay which is some leagues up the River, hath two Islands of pretty high Land, cloath'd with variety of Trees lying before it, and two or three streams of fresh Water falling into it. From this Bay to the Promontory near
Golden Island
, the Shore is indifferently fruitful, and the Soil on the Northern Coast is generally good, but swampy here and there to the Sea.
To the Westward of the Promontory, at the entrance of the River, is a fine sandy Bay with three Islands, one of them
Golden Island
lying before it, which make it an extraordinary good Harbour.
Golden Island
is rocky and steep all round, except at the landing place on the South side, so that it is naturally fortify'd. The Land of the
Isthmus
over against it to the S. E. is an excellent fruitful Soil. West of this Island lies the largest of the three, being swampy and covered with Maingroves. To the North of these lies the Island of
Pines
, cover'd with tall Trees fit for any use. From the point against these Islands for three Leagues Westward, the Shore is guarded by Rocks, so that a Boat cannot land; but at the N. W. end of the Rocks there's a very good Harbour, and good Riding, as has been said, in all Winds, by some or other of those Islands, which with the adjacent Shore make a lovely Landskip off at Sea. The Channel betwixt them and the
Isthmus
is two, three, and four miles broad, and navigable from end to end; and the Ground opposite to them within Land an excellent Soil, and a continued Forest of stately Timber-trees.
On the South side there's the River
Sambo
that falls into the Sea by point
Garachina
. This is a large River. Then there's the Gulph of St.
Michael
, made by the Outlet of several considerable Rivers, as those of
Santa Maria
and
Congo
, and the
Gold-River
, so call'd because of the great plenty of Gold Dust it affords to the
Spaniards
. The River
Congo
may be entred at high water, and affords a good Harbour. The Gulph has several Islands in it, and affords good Riding in many places. The Country on this side as on the other is one continued Forest; and forms a Bay call'd the Bay of
Panama
, abounding with fine Islands, and affording good Riding for Ships. The Soil of the Inland Country is for the most part a black fruitful Mold.
The Weather is much the same as in other places of the Torrid Zone in this Latitude, but inclining to the wet extreme, for two thirds of the year, the Rains beginning in
April
.
The most remarkable of their Trees are the
Cotton
Tree, which bears a Cod as big as a Nutmeg full of short Wool or Down, and affords Timber for Canoes and Periagoes; they abound with stately
Cedars
and
Macaw
Trees, which bear a Fruit as big as a small Pear, of a tart but not unpleasant Taste;
Bibby
Tree, the Wood hard and black as Ink, and being tapp'd, affords a Liquor call'd
Bibby
, of a pleasant tart taste, which the
Indians
drink. They have abundance of
Plantains
set in Walks, which make very delightful Groves, and yield an excellent Fruit, and being green and sappy, are cut down with one stroke of an Ax. They have also plenty of
Bonanoes
another sort of Plantain, which eats best raw as the Plantain does boil'd. They have great store of that excellent Fruit call'd
Pine-apples
, which tastes like a Mixture of all delicious Fruits, and ripens at all times of the year. They have also
Prickle-pear
, which is a very good Fruit; and
Sugar-Canes
, of which they make no other use but to suck out the Juice. The
Maho
Tree, of which they make Ropes, Cables for Ships, and Nets for fishing. The
Calabash
whose Shells serve for Cups and other occasions, is curiously painted; the sweet sort of 'em is eatable, and the bitter sort Medicinal. They have also
Gourds
of the like nature. There's a Plant they call
Silk Grass
which resembles our Flaggs; this they beat into strings like fine Flax, much stronger than our Flax or Hemp; of these they make Ropes, Cordage of all sorts, Nets for small Fish; and the
Spaniards
and others use it for Shoemakers Thread, Stockins, and a sort of Lace. They have a Tree call'd
Lightwood
, as large as an Elm, but so light, that a Man may carry a great quantity of it on his back. It is in substance like Cork, and made use of by the
Indians
for rafters to go to Sea, or pass Rivers. They have a Tree call'd
Whitewood
of a finer Grain, and whiter than any European Wood, and fit for inlaying. They have
Tamarind, Locust Tree, Bastard Cinnamon, Bamboes
, and
Maingrove
Trees in plenty. They have Shrubs that bear store of Pepper of two sorts, call'd bell Pepper, and bird Pepper.
Mr.
Wafer
, to whom we owe this Description, takes notice of a
Redwood
, whereof there grow great quantities on the Northern Coast; the
Indians
make use of it for dying, and mix a kind of Earth they have with it. It makes a bright glossy lively Red, which no washing can fetch out again. This we suppose to be the
Nicaragua
Wood. Their Roots are Pota toes, Yams, and Cassava; of the last of which they make Bread. They have likewise Tobacco, but don't understand the planting and manuring of it; it is not so strong as that of
Virginia
.
Their Beasts are the Peccary, and
Waree
a kind of wild Hogs, which are very good Meat. They have considerable store of Deer and Rabbits, and great droves of Monkys, which are extraordinary fat and good to eat. They have an Insect call'd a
Soldier
, somewhat resembling a Crab, which feeds upon what falls from the Tree, is a delicious Meat, and yields an Oil that is an excellent Salve. They have no European Cattle.
Their Birds are the
Chicaly-Chicaly
, which makes a noise somewhat like a Cuccoo, is a large Bird, has Feathers of divers Colours very beautiful and lively, whereof the Natives sometimes make Aprons. This Bird keeps mostly on the Trees, feeds on fruit, and is pretty good Meat. The
Quam
feeds in the same manner, his Wings are dun, his Tail dark, short, and upright. He is much preferable to the other for Meat. There's a
Russet-colour'd Bird
, resembling a Partridg, runs most on the ground, and is excellent Meat. The
Corrosou
is a large Fowl as big as a Turky, and of a black colour. The
Cock
has a fine Crown of yellow Feathers on his Head, and Gills like a Turkey. They live on Trees, and eat Fruit. They sing very delightfully, and are so well imitated by the
Indians
, that they discover their haunts by it. They are very good Meat, but their Bones make the Dogs run mad, and are therefore hid from them by the
Indians
. They have abundance of
Parrots
, for size and shape much like those of
Jamaica
, they are very good Meat. Their
Parakites
are most of them green, and go in large flights by themselves. They have
Macaw
Birds which are as big again as Parrots, and resemble them in shape. They have a Bill like a Hawk, and a bushy Tail with two or three long straggling Feathers, either red or blue; but those of the Body are of a lovely blue, green, and red. The
Indians
tame those Birds, and teach them to speak; and then letting them go into the Woods amongst the wild ones, they will return of their own accord to the Houses. They exactly imitate the Voices and singing of the
Indians
, and call the
Chicaly
in its own Note. It is one of the pleasantest Birds in the World, and its flesh sweet and well tasted. They have also
Woodpeckers
which are pied like our Magpies, and have long Claws that they climb up Trees with; they are not pleasant to eat. They have plenty of Dunghil-foul resembling those of
Europe
, and their Flesh and Eggs as well tasted as ours. About the
Sambaloes
they have great store of Sea-foul, and particularly Pelicans which are large Birds, having Legs and Feet like a Goose, and a Neck like a Swan, the Feathers are grey. It has a Bag under its throat, which when fill'd, is as large as a man's two fists; and when dry, will hold a pound of Tobacco; they feed upon Fish, and the young ones are good meat. They have also
Cormorants
resembling Ducks for size and shape, are of a black Colour, have a white spot on the Breast, and pitch sometimes on Trees and Shrubs by the water side. They are too rank to be eaten. They have abundance of Sea-gulls and Pyes, which are pretty good meat, but eat fishy, which is cur'd by burying 'em eight or ten hours in the Sand with their Feathers on. They have flying Insects too, and among others Bees, which form their Hives on Trees; and it's observ'd, That they never sting any body: The Natives mix the Hony with Water, and so drink it, but know not the use of the Wax. They have shining Flies, which in the night time resemble Glowworms.
Their Fish are the
Tarpom
, which eats like Salmon; some of 'em weigh 50 or 60 pound: They afford good Oil. They have
Sharks
, and another fish that resembles a
Shark
, but much better Meat. The
Cavally
is much of the size of a Maccarel, and very good Meat. They have a Fish call'd
Old Wives
, which is also very good to eat. Their
Paracoods
are as large as a well-grown Pike, and very good Meat; but in some particular places poisonous, which are distinguish'd by the Liver. Their
Gar-fish
is good Meat, they have a long Bone on their Snout, with which they will sometimes pierce the side of a Canoe. They have also
Sculpins
, a prickly Fish, which when strip'd, is very good Meat. They have likewise
String-rays, Parrot-fish, Snooks, Conger Eels, Conchs, Perriwinkles, Limpits, Sea Crabs, and Craw-fish
, and other sorts whose names we know not, that eat very well.
The Inhabitants are most numerous on the North of the
Isthmus
; the Men usually 5 or 6 foot high, streight, clean limb'd, big-bon'd, handsomely shap'd, nimble, active, and run well. The Women are short and thick, and not so lively as the Men; the young Women plump, well-shap'd, and have a brisk Eye: both Sexes have a round Visage, short bottle Noses, large and grey Eyes, high Forehead, white even Teeth, thin Lips, pretty large Mouths, well proportion'd Cheeks and Chins, and in general handsome; but the Men exceed the Women. Both Sexes have streight long lank black Hair, which they generally wear down to the middle of their Back. All other Hair but that of their Eye-brows and Eye-lids they pull up by the Roots, cut off the hair of their Heads, and paint themselves black by way of triumph, when they kill a
Spaniard
. Their natural complexion is a copper Colour, and their Eyebrows black as jet. There are some among them of both Sexes, which bear the proportion of two or three to a hundred, who are milk white, and have all their Bodies cover'd over with a milk white Down; their Hair is of the same Colour, and very fine, about 6 or 8 Inches long, and inclining to curl. They are less in stature than the other
Indians
, and their Eyelids point downwards in form of a Crescent; they don't see well in the Sun, their Eyes being weak and running with Water if the Sun shine upon them, therefore they are call'd Moon-ey'd. They are weak and sluggish in the day time, but in Moon-shiny nights all life and activity, and run as fast thro the Woods by night, as the other
Indians
do by day. They are not so much respected as the other
Indians
, but look'd upon as monstrous. The Natives go naked both Men and Women, only the Men have a thing like an Extinguisher of silver or gold Plate tied round their middle to cover their Yard, and the Women tie a piece of Cloth before them, which comes as low as their Knee; but they use none of those Precautions till they come to the years of Puberty; the Men that have not those Extinguishers, make use of a piece of a Plantain-leaf of a Conick Figure. They are in general a modest and cleanly People, and have a value for Cloths if they had them. The better sort have long Cotton Garments shap'd like Carmens Frocks, which they use on solemn occasions, as attending the King or Chief,
&c.
For an Ornament to the Face, besides their general painting and daubing, the Men wear a piece of Plate hanging over their Mouths, and the Chief of them have it of Gold. It is an Oval Form, and gently pinching the Bridle of the Nose with its points, hangs dangling from thence as low as the under Lip; and instead of this the Women wear a Ring thro the Bridle of the Nose: they lay them aside at their Feasts. They likewise wear Chains of Teeths, Shells, Beads, or the like; the heavier they be, they reckon them the more ornamental. Their Houses lie mostly scattering, and always by a River-side, but in some places they are so many as to form a Town or Village. Their Walls are made up of Sticks, and daub'd over with Earth: The Fire is in the middle of the House, and the Smoke goes out at a Hole in the Roof: They are not divided into Stories or Rooms, but into Hovels; every one has a Hammock for a Bed in one of those Hovels. They have no Doors, Shelves, or Seats, other than Logs of Wood. Every Neighbourhood has a Warhouse of 130 foot long, the sides and Ends full of Holes, whence they shoot their Arrows on the approach of the
Spaniards
. In their Plantations they set so much Plantain, Maiz,
&c.
as serves their occasions: They likewise make Drink of Maiz, which they ferment by Grains of the same chewed in their Mouths: They have also another sort of Drink, which they make of Plantains. Most of the Drudgery is perform'd by the Women with great cheerfulness, being very well condition'd, and dutiful to their Husbands, who are otherwise very indulgent to them, and their Children. The Women wash the Mother and Child in a River within an hour after Delivery. The Boys are bred to the Bow, Hunting, and Fishing,
&c.
at which they are mighty dexterous; and the Girls help the Women in dressing their Victuals, Weaving, making Cotton Cloth, Cordage, Nets,
&c.
and the Men make Baskets very neat, dying the Materials first with lively Colours. They allow Poligamy, but punish Adultery with Death of both Parties: They punish Theft also with Death; and Fornication with thrusting a Briar up the Man's Yard, whereof they commonly die. The Facts must be prov'd by Oath, which is a swearing by their Tooth. When they marry, the Father or nearest Kinsman keeps the Bride privately in his own Apartments the first 7 Nights, and then she is deliver'd to her Husband: All the Neighbours for some Miles round are invited to a great Feast, and bring Provisions with them: The Fathers of the young Couple bring them forth in their hands, and the Bridegroom's Father makes a Speech; then he dances about in antick Gestures till all on a sweat, when he kneels down, and gives his Son to the Bride, her Father also having danc'd himself into a Sweat, and presenting her to the Bridegroom in the same manner; then they take each other by the hand, and so the Ceremony concludes. After this all the Men take up their Axes, and run shouting to a Tract of Wood-land, to prepare a Plantation for the new Couple. That being done, they have their Feast, and afterwards drink hard, all their Arms being first put out of the way, to prevent Danger in case of quarrelling. They divert themselves somtimes by dancing, and piping on a small hollow Bamboe, but without distinction of Notes: The Men and Women never dance nor feast together, but apart. The Women accompany them likewise in their hunting Expeditions, which sometimes last 20 days: They tie their Hammocks betwixt two Trees, cover them with Plantain Leaves, and have Fires all night by their Hammocks: Such of their Prey as they take a Hunting, and design to keep for future use, they barbecue in the Woods; and what they make use of for present Sustenance, they mix with Roots, Plantain, Bonanoes, and Pepper, and stew it together till it be brought to a Pulp; which they take up with the two foremost Fingers of their right Hand bent hookwise, and put into their Mouths. They travel by direction of the Sun, or the bending of the Trees, according as the Wind is. None of the
English
Authors take notice of their Worship or Religion, but give an account that they pawaw, or consult the Devil to know Futurities: and it would seem they are as ignorant in matters of Physick and Chirurgery, since when they would let a Patient blood, they set him upon the Bank of a River, and with a little Bow, and small Arrow, gag'd that it may enter no further than our Lancets, they shoot as fast as they can at all parts of the Patient's Body; and if they chance to hit on a Vein, that the Blood spurts out a little, they testify their joy by antick Dances.
We come next to give an account of the Settlement of our men there; how they were receiv'd by the Natives; what
Indian
Princes there are in their Neighbourhood; in what state they found the Affairs of the Country; and of the Situation of our Colony.
On the 27
th
of
October
1698. our Ships came to an Anchor in a fair sandy Bay, 3 Leagues W. off the Gulf of
Darien
; upon which two Canoes, with several
Indians
, came on board, were very free with our Men, told them they had been long expected, and were very welcome: Our Men gave them some old Hats, Lookingglasses and Knives, with which they were extremely well pleas'd, and went off. When our Ships stood further into the Bay, they saw about 20
Indians
drawn up on the Shoar, being arm'd with Bows and Lances; upon which a Boat being sent ashoar, and making a signal of Peace, they unstrung their Bows, talk'd familiarly, and told our Men that two Great Captains would in a little time come on board our Ships. Accordingly on
November
2
d
in the morning Capt.
Andreas
, one of their Princes, accompanied by 12 Men, came on board, and ask'd their business; he was answered, that we came to live among them, and trade with them, and would afford them
European
Commodities cheaper than any other People. He ask'd if we were Friends or Enemies to the
Spaniards
; and was answered that we were at peace with all men, and would make war upon no man, except they injur'd us. He took us for Buccaneers, and told us he knew Capt.
Swan
and Capt.
Davis
in the South-Sea, and commended them as men of valour. We heard that part of his Discourse with very much coldness, and told him we came on no such design as those men did, but had Authority for what we undertook. We treated him civilly, gave him a Hat lac'd with Gold, and some Toys: and so he parted, promising in a little time to come again; which he accordingly did, and brought
Don Pedro
, another of their Princes or Captains, with him. Capt.
Andreas
was freer with us than at first, plainly own'd that he took us for Buccaneers, and complain'd that some
English-men
of that sort had after great pretences of Friendship, carried off some of their People; and therefore
Don Pedro
would not come aboard us till he had further assurance of us.
Capt.
Andreas
is a person of a small stature; he affects the
Spanish
Gravity, as having been often among them at the Mines of
Santa Maria, Panama
, &c. and formerly had a Commission under them as a Captain, upon which he values himself above others: The
French
hate him mortally, because of something he did against some of their Nation formerly. When he came on board us, he had a sort of a Coat of red loose Stuff, an old Hat, a pair of Drawers, but no Stockings nor Shoes; and the rest that came with him were all naked, excepting their
Penis
, which was covered by Extinguishers, as formerly mention'd.
Upon further communing, Capt.
Andreas
was very well pleas'd with us, offered us what part of the Country we would chuse, and accepted a Commission from us; and at the same time we gave him a Basket-hilted Sword, and a pair of Pistols: upon which he promised to defend us to the last of his Blood.
Some of the Princes on this side the
Isthmus
had been in peace with the
Spaniards
for several years, and suffered a few of them to reside amongst them, to give notice to
Panama
of what Ships came upon these Coasts; but upon some fresh disgust, about two months before we arriv'd, Capt. Ambrosio, who is the most noted Prince amongst 'em, had oblig'd them to enter into a common Alliance against
Spain
, and cut off ten
Spaniards
, who liv'd upon
Golden Island
.
The Place where we are setled is 4 Miles East of
Golden Island
, within a great Bay. We have an excellent Harbor, surrounded with high Mountains, capable of holding a thousand Sail land-lock'd, and safe from all Winds and Tempests. The Mouth of the Harbor is about random Cannon-shot over, form'd by a
Peninsula
on the one side, and a point of Land on the other. In the middle of the Entrance there is a Rock three foot above water, upon which the Sea breaks most terribly when the Wind blows hard; and within the Points there is a small Rock that lies a little under water. On both sides these Rocks there's a very good wide Channel for Ships to come in: that on the South-side is three Cables long, and seven Fathom deep; and that on the North two Cables long. From the two outermost points the Harbour runs away East a Mile and an half; and near the middle, on the right hand, a point of Land shoots out into the Bay: so that by raising Forts on the said Point, on the Rock in the middle of the Entrance, and the two outermost Points, it will be the strongest Harbor, both by Art and Nature, that's in the known World. The Bay within is for the most part 6 Fathom Water, and till you come within a Cable's length of the Shoar, three Fathom and an half: So that a Key may be built, to which great Ships may lay their Sides, and unload. The
Peninsula
lies on the left hand, is a mile and an half in length, very steep, and high towards the Sea: so that it would be very difficult for any body to land, till you come to the
Isthmus
, where there's a small sandy Bay that little Ships may put into, but is easy to be secured by a Ditch and a Fort. There are several little Rivers of very good Water that fall into the Bay; and it abounds so with excellent Fish, that we can with ease take more than it's possible for us to destroy, having sometimes caught 140 at a draught: amonst others there be Tortoises, which are excellent Meat, and some of them above 600 weight.
The
Peninsula
was never inhabited, and is cover'd all over with Trees of various sorts, as stately Cedars, Brasil-wood,
Lignum Vitæ
, Box-wood, Fustick-wood, Yellow Sanders, Manshinel,
&c.
and the like sorts, besides others whose names we know not, grow on the Continent; and we doubt not of finding out the
Nicaragua
Wood: we have found Cabbage Trees, the Fruit of which eats like Collyflowers. The Natives have no Plantation within two Miles of us.
We have a Watch-Tower upon an high Hill adjoining to our Plantation, about a mile South of the Bay; from whence we can see the Ships in the Bay, the Fort we have raised on the Mouth of the Bay, and as far as the Mouth of the River
Darien
: We can see above thirty Miles Southward, and have a fine Prospect of
Golden Island
, and the
Isle of Pines
, Westward towards
Portobello
, and Northward towards
Jamaica
. The Hill is about a Mile in height; so that we can see any Ships before they come within some Leagues of the Harbor. We compute our selves to be about 50 Leagues North of
Carthagena
, and as much South of
Portobello
. The 4
Indian
Kings or Captains on this Coast visit us frequently in their Canoes; and the Natives are very kind to us, and sell us Plantains, Fowls,
&c.
for Toys or old Shifts. A
French-man
who hath married one of the Natives, informs us that the
Spaniards
have Silver and Gold Mines on the
Isthmus
, which we might make our selves Masters of with a 100 Men; so that if they commit Hostilities upon us, as we hear they threaten to do, it's not unlikely that we may visit them. We found some
French
Refugees in the Country, who are willing to settle under us; and having been several years in these Parts, and understanding the Language of the Natives, are very useful to us. We have seen some Sand in the Rivers, which looks as if it were mixt with Gold, and in some places the Earth seems to be very much mixt with it: so that it's concluded there's more Gold-dust here, than in any part of
Guinea
.
The
Indian
Princes or Captains on this Coast do somewhat resemble our Heads of Clans in
Scotland
; and by their Converse at times with the
Spaniards
, and other
European
Nations, affect Christian Names. The first of these Princes we shall name is Capt.
Diego
; he commands from the bottom of the Gulph of
Uraba
on this side
Caret
Bay, and has 3000 men under him; he has been at war with the
Spaniards
several years, occasion'd by an Insult his People had receiv'd from them, when they came to demand their share in the Mines which they had discover'd to the
Spaniards
in their Country, on condition of being Partners with them: but when they came to demand it, the
Spaniards
treated them villanously, beat and abus'd them; upon which they attack'd the
Spaniards
, cut off 20 of their men, and 3 Priests that belong'd to the Mines.
The next is Capt.
Pousigo
. He is an
Indian
Clergy-man, and Brother in-law to Capt.
Andreas
. The Peninsula that we possess, lies betwixt his Territory and that of Capt.
Andreas
, who together with his Brother, commands from
Golden Island
to the River
Pinas
. Their Command is greater than that of
Pousigo
, but not so great as that of Diego. These Princes are very useful to us, because of their Neighbourhood and Consanguinity to one another.
Capt.
Ambrosio
commands from the River
Pinas
to the
Samballoes
: He is a man of about 60 years of age, but strong and vigorous, well limb'd, and of a stern Countenance: he is a mortal Enemy to the
Spaniards
, with whom he hath had a long War: he is esteemed the bravest of all the
Indian
Captains. His Son-in-law
Don Pedro
having been taken by the
Spaniards
, and kept by them as a Slave at
Panama
, he can never forget nor forgive it them: This young man is a great Friend to the
French
, who they are made to believe design to come and settle among them.
Ambrosio
and his Son-in-law prest us much to come and settle in their Dominions, and join with them to make war on the
Spaniards
: We gave them fair Words, and promis'd to come and view their Coasts, which we accordingly did; and in our way thither, four Leagues Westward of our Settlement, we found an excellent Harbour, capable of 10000 Sail; but it can't be defended without many Forts: Here the Privateers us'd to come and careen. Capt.
Ambrosio's
House lies about a League from the Water-side, on the Bank of a River, having 12 lesser Houses about it: When we drew near it, he advanced 50 Paces to meet us, being attended by 20 men in white loose Frocks with Fringes round the bottom, and arm'd with Lances: He saluted us kindly, and gave us a Calabash of Liquor almost like Lambs-wool, made of
Indian
Corn and Potatoes. His House is 90 foot long, 35 broad, and 30 in height, curiously thatch'd with Palmetto Royal, and over that Cottonleaves. The Floor is of firm Earth like Tarras, very smooth and clean. The sides are compos'd of large Canes, as thick as a Man's Leg. In this House live
Ambrosio
and his Sonin-law
Don Pedro
, with both their Families, consisting of about 40 Persons. We saw
Ambrosio's
Grandmother there, who is 120 years old, and yet was very active in getting things ready for our Intertainment. She has 6 Generations descended from her now in the House with her. The People live here to 150 and 160 years of age; but those that converse much with Europeans, and drink strong drink, don't live so long.
From the
Samballoes
to the River of
Conception
, the Country is commanded by one
Corbet
, who is altogether in the
French
Interest, he having contracted a Friendship with their Privateers 7 years ago, and done them many good Offices. They promised to reward him if he would go to
Petit Guavus
, and in his way thither he was taken by an
English
Privateer and carried to
Jamaica
, whence the Governor of
Petit Guavus
got him releas'd. He was with
Pointi
at the taking of
Cartagena
, and has a Commission from the
French
to be General of all the
French
and
Indian
Forces on that Coast, and to take, sink, and destroy
Spaniards
or any other Enemies. Yet the
French
themselves, and the sensible part of the
Indians
, don't put any confidence in him; and
Ambrosio
who is the bravest of all those
Indian
Captains, keeps him in awe and within bounds.
Next to
Corbet
, there's another of their Captains call'd
Nicola
, who is said to be a wise, brave and good-natur'd Prince, insomuch that the
Indians
had a mind to have set him up instead of
Ambrosio
, who is of a rugged military temper: But
Ambrosio's
Authority and Power is so great, that they did not find it practicable.
Nicola
is a mortal Enemy to the
Spaniards
, and can never entertain a good thought of them, since the Governour of
Porto Bello
robb'd him of a curious Fusee that had been presented him by some of the Buccaneers; and being out of order, he sent it thither to be mended; upon which the Governour taking a liking to it, kept it to himself, and sent
Nicola
another sorry piece instead of it.
Since we came hither, there have been an
English
, a
Dutch
, and a
French
Ship in our Bay. The
English
Ship was Capt.
Long
in the
Rupert
Prize; he had been in the Gulf of
Uraba
, but he himself and his Men own'd, that they had not then been ashore there. He hath some way or other disoblig'd the Captains
Ambrosio
and
Diego
. Tho we treated him with all possible Civility, yet we are since inform'd that he hath been a days Journy into the Gulf, and endeavour'd to incense the
Indians
against us, telling them that we were Privateers, and that the King of
England
would not protect us. He left some Men in the Bay, who have since kill'd some
Spaniards
, and came to us for Arms and Ammunition, but we told them we could not grant them any, and that they had done what they could not justify. We gave them however what was necessary for sitting up a Boat; and as a Reward, they intic'd away the Carpenter and Mate of one of our Ships call'd the
Unicorn
.
The
Dutch
Ship that came hither was afraid of the Spanish
Barlavento
Fleet, and put in here for protection, that Fleet having made Prize of another
Dutch
Ship of 32 Guns, and of two
English
Sloops for trading on those Coasts.
The
French
Ship that put in here, was that which was order'd to carry back the Churchplate,
&c.
to
Carthagena
, did afterwards bulge on a Rock, and was cast away in our Harbour. We sav'd all their lives, and Capt.
Pennicook
our Commodore endanger'd his own life to save that of the
French
Captain. He inform'd us that the
French
had four Men of War of 50 Guns each, who thinking we had a Design on the River
Mississipi
, were gone to the Gulph of
Mexico
in quest of us. The
French
have been very industrious in cultivating their Interest, both with the Natives and
Spaniards
in this part of
America
, and doubt not of having a good share in those Countries after the King of
Spain's
Death. They have got a great Interest with Capt.
Ambrosio
by means of his Son-in-law
Don Pedro
, whom they caress extreamly, and design'd to have carried him to
Petit Guavus
, and from thence into
France
, to acquaint the
French
King with the favourable Sentiments the
Indians
have entertain'd of the
French
, and of their design to surrender themselves to his Majesty.
This has been projected by the
French
a long time, but the King of
Spain's
Indisposition, and their Pretensions to that Crown, made them refer it; and there's no doubt but our Settlement will quicken those Resolutions. Capt.
Andreas
, Capt.
Pedro
his Brother, Capt.
Diego
, and Capt.
Pousigo
our Neighbours, have no manner of correspondence with the
French
. The latter hath acquainted us that there are several Gold Mines within two Miles of our Settlement which he hath promis'd to shew us; and he hath actually let us see several Samples of fine Gold.
This being the Substance of several Journals that were sent from our Colony in
Darien
upon their first Settlement there, we hope it's sufficient of it self to satisfy our Neighbours in
England
of the Justice of our Cause, of the equity of our Proceedings, of the true Reason why the French are so much our Enemies in this matter, of the greatness of the Providence that has put us in possession of that Post, and that it is
England's
Interest to join with and protect us, by which the Designs of the
French
against
Europe
in general, and
Great Britain
in particular, may be defeated, and the
English West India
Trade secur'd. But since by the Proclamations beforementioned, which treat us as Rebels and Pirats in
America
, for what we have done according to Act of Parliament in
Scotland
, our Ships may be in danger of being attack'd by other Nations as Pirates, and our Colony discountenanc'd and oppos'd on that account by the Natives; there's no reason that our Neighbours should think strange if we complain of that unkind usage, and endeavour to lay before them what may probably be the Consequences of such Proceedings, without being construed either to threaten or to wish that any such things should happen: It being evident that by offering to admit the
English
as Joint-sharers in our Trade, we entertain no Sentiments but what are friendly towards that Nation, being satisfied that all those who wish well to the Protestant Religion and true Liberty, are Enemies to any thing that may occasion a breach of the Union and good understanding betwixt us. Yet is must be own'd that we have but too great reason to complain of the Hardships we suffer by the Union of the Crowns, which it is in the power of
Eng land
to remedy, by complying with the gracious Proposals of uniting the Nations, repeated in Parliament by his Majesty, who like a true Father of his Country, has expos'd himself to the greatest of dangers to procure the Welfare and Peace of his Subjects, by which he has made an absolute Conquest of the Hearts of all good men, who are unanimous to join in the like Prayer for him, that the Israelites of old put up for their Kings, viz.
That he may live for ever
.
FINIS.
THE Present State OF JACOBITISM IN ENGLAND.
A Second PART. In ANSWER to the FIRST.
London
: Printed in the Year. MDCCII.
THE
Present State
OF
JACOBITISM
IN
England, &c.
THat the
Past
and
Present
State of
Jacobitism
in
England
, was and is a State of Vexation and Trouble, Suffering and Affliction, is sensibly felt by all those who sustain that Denomination, notoriously evident to the whole Nation, and own'd in particular by this Author, and some others, who make that Consideration one Argument to induce them to take the Oaths, that thereby they may exempt themselves from that Suffering Condition under which they have lain for so many Years.
In this Case, no Man nor Party of Men, need any Eloquence to persuade the World, that they Act with the great est clearness and Sincerity, if they are heartily desirous to have their Sufferings commiserated, their Burdens lightned, the Rigors against them moderated and qualified; For altho' we are taught in the School of Religion, that Afflictions have their Benefit, that Adversity, if rightly used, may turn to better Account than Prosperity; altho' the Doctrine of Providence obliges us to submit with Patience, Contentedness and Cheerfulness. Altho' they are always just on God's part, always permitted or inflicted for wise and good Ends, and which therefore should inspire us with Humility and Meekness, with Repentance towards God, with Charity and Forgiveness towards Men; nevertheless Sufferings not being natural, but accidental to Religion, introduc'd from the Corruption of Humane Nature, by way of Discipline and Correction, We are allow'd by the Divine Goodness, and in some measure are bound (with fit Restrictions and Limitations) to pray for a removal of them from God's hand, and from any others who may be instrumental either to our Afflictions, or Relief, and if we can find any Alleviation and Abatement, We have a new Opportunity of exercising another Act of Religion, of praising God, and being thankful to Men.
If therefore any Charitable hand, will either help us to mend our Circumstances, or contribute to afford us such degrees of Ease and Quiet, as we may wear out the Remainder of our days, under the Burden only of Primative Calamities, in being depriv'd of those Comforts and Supports, which We heretofore did, and others do now enjoy, without the Addition and Augmentation of positive ones. We shall think our selves highly oblig'd both to pray for them, and also to make the best Expressions of Gratitude We are able, suitable to the measures of Tenderness exercised towards us: And even without any of these We hope we shall never be wanting to exercise that Christian Duty of Charity, as to pray for them, that God will always afford them that Mercy and Compassion, which we want our selves, and cannot obtain from them.
Pref.
This Author indeed tells us, that his Pamphlet
contains a kind Invitation
to Us, and if it does, it ought to be as kindly receiv'd by us; But if instead of an
Invitation
, it be only a Summons to surrender by a time perfix'd, or else to expect Military Execution, 'tis a
Kindness
with the utmost degree of unkindness in the Belly of it; If a Friend of our Author's should invite him to his House, and tell him he should be very welcom; but tell him withal, that if he did not come, he would certainly cut his Throat, or (which is all one) would instigate others to do it, who were more able. I suppose our Author would think the
kind Invitation
a little roughly manag'd, and would desire him hereafter to keep his Kindness to himself. This is the very Case, For he adds in the same Preface.
If they shall make an ill use of it
, that is, if they do not forthwith what he advises,
then they will be more inexcusable, and the Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from the Benefit or Protection of the Government
; That is, if they are totally divested of all the Rights and Liberties of
Englishmen
, made Outlaws for ever, and expos'd to be knock'd on the Head, by every man who hath a mind to it. This is an Invitation after the Method of
France
; the
French
King kindly invited his Protestant Subjects to become Proselytes, and order'd the writing of several Books to perswade them; but when they declin'd Compliance, he back'd his Invitation with
Dragoons
and the
Gally's
.
A man had need be very sure of his Reasons, and of the
Sincerity
of his Kindness too, who makes the consequence of Refusal so terrible. And I am confident that nothing in the World can justify such measures of Proceeding, but the plainest Proofs and clearest Evidence of Truth and Reason, the highest Wisdom and Judgment in managing them, together with a hearty and upright Regard to the Welfare of the Persons concern'd, and where any of these are wanting, the Proposal is all over bloody, and an implacable Thirst after the Destruction of other Men. Almighty God indeed commands Men to accept of His Invitations upon pain of Death, but then as we are absolutely his, so His infinite Goodness and Wisdom warrant the Severity of His Cominations; His Omniscience discerns all the degrees of Stubborness and Contumacy; and yet after all, after manifold Tryals of Lenity and Forbearance, he smites only the absolutely incorrigible. But for daring Mortals, who have neither Wisdom to see their own Errors, nor those of other Men, much less to distinguish between Mistake and Malice, to set up a few weak and trifling Reasons, and then command all Men to submit to them upon pain of Destruction, argues equal Arrogance towards God, as Cruelty towards Men.
Why should this Author be so conceited of his own Reasons, as to think that the not being convinc'd by them, argues the utmost degree of Incorrigibleness? Or if he thought so well of them himself, Why should he think that we must do so too? And if they are not as Clear and Convictive to us, as (perhaps) he thinks they are to him, 'tis impossible that, upon that Account, we should be left
inexcusable
. Men Reason different ways, and see things by different Lights, according to differing Methods of Education, Studies, and even Temper and Constitution, and 'tis a Monstrous Disproportion of Punishment, that we must be Undone and Perish, because we have not Heads of the same make with the Author. He pretends indeed, to Reason with us upon our own Principles, but then either he does not know them, and that in him is culpable Ignorance, or he conceals them, and that is more culpable Hypocrisie.
Is it not enough, that we have bore the Burthen of Calamity for Thirteen Years together? Will no Time nor Sufferings asswage that Bitterness of Spirit? But that it still pursues us through a long Series of Adversity, even to a Period of final Destruction, and Extirpating of us Root and Branch? 'Tis matter of Wonder and Astonishment, that there are Men, who call themselves Christians, the followers of the Merciful
Jesus
, who after the several Stages of Affliction that their Brethren have Travelled in, are still, for the very same thing, calling out for new Methods of Vengeance, and irritating the Government to accumulate Sorrow upon Sorrow, to add one Weight to another, till they are Press'd to Death.
Poverty and Meaness, which is a Safeguard to all Men else, must, it seems, be no Security to us; we hoped that when we had parted with all for our Consciences, we had stood out of the way of Envy, Innocence guarded with Indigence, is doubly Fortify'd. We have seen mighty Offenders, who, by quitting their Posts, have Satisfy'd the Cries of Justice, and they permitted to Enjoy the Spoils, without Reproof, and without Molestation. But our withdrawing must stop no Prosecution, and altho' it hath left us nothing, yet that Nothing must be as keenly pursued as if we had the Wealth of the Nation to Account for, our very Rags are Criminal, and when we are Stript to the Skin, our Nakedness must be Scourg'd, and like Weather Glasses, the Lower we fall, the Higher the Storms arise.
This Author tells us,
'Tis hoped none will be so weak as to suppose it
(his Inviting Pamphlet)
proceeds from any Apprehension of their Party, or Interest in the World
.
Pref.
And he is much in the right, neither he, nor any other are so weak as to be Apprehensive of our Party or Interest. But then, What makes them so free with their Threatnings? What makes them perpetually instigating the Powers of the Land to load us with New and more Dreadful Pressures? Is it a Reason to be Disfranchis'd, to make our very Beings Criminal, and Penal, and to lay us under the utmost Terrors of Law: because no Body is so weak as to be Apprehensive of Us or our Interest? All Mankind are agreed, that nothing can warrant the Extremest Rigors and Severities, but as Extreme Necessity; and Penal Laws, especially of a high Nature, were always forc'd from Wise and Good Governments, but never their Choice. But our Author puts this out of the Case; For if he hopes no Body will be so weak as to be Apprehensive of Us, 'tis plain that he himself is not so weak; And yet, at the same time, turns us over to the most Dismal Penalties he can think on: 'Tis not necessary (by his own Confession) that we should be Destroy'd, but we must be Destroy'd however. If this be not, What is it to be Cruel for Cruelty's sake? To subject us to the most rigorous Severities, not only without absolute Necessity, but for no end in the World; Neither God, nor Good Men, nor Good Laws, did ever Punish for the sake of Punishment. And if there be no Necessity, 'tis mere Wantonness; and at length our Author's distinguishing Kindness ends in this, that, like some of the primitive Christians, we must be expos'd to the Lions, merely for Sport.
He further tells us,
That had we liv'd under the Despotick Government of
Lewis XIV.
we should have found before now, if we had been so fond of our old Master, we should have gone to him, there would have been no living for us. We would have had a time set, to comply or depart the Kingdom, we would have had no Benefit of the Law to recover our Right, but have been oblig'd to do every man Right, and bear every Wrong.
Pag. 15.
These are indeed severe things in themselves, and no doubt would be so in
France
or any where else. But it seems they are the very same that our Author hath provided for us here in
England
, We need not cross the Seas, to save that labour, he hath transplanted them into our own Soil; for all these frightful Cruelties expatiated on with so much Rhetorick, are but his own Terms in other Words, and this is only a
French
Paraphrase of his own
English
Proposal.
The Nation will be blameless, if a Law shall ever be promoted to exclude them absolutely from either the Benefit, or Protection of the Government.
That is in the
French
Dialect.
We should have no Benefit of the Law to recover our Right, but be oblig'd to do every man right, and bear every Wrong
. And that is again in
plain English: To be excluded absolutely from either the Benefit, or Protection of the Government
. Now if this be the Case, what is the difference between a Despotick Government, and a Government founded upon Law? What is the difference between an Arbitrary and Cruel Administration, and a mild and merciful One? If in each Government the Treatment of Persons under their Power must be the very same to all Intents and Purposes? If Men in the same Circumstances, and for the same Reasons must equally
be put out of the Protection of the Law, must have no Right, and bear all Wrong
. In vain do we talk of
English Liberties
; if we must go to
France
for Presidents of Penalties, and take Patterns for Imitation from the most arbitrary Government in Christendom. I take it for granted that our Author's flourish upon
Lewis
XIV. was never design'd as a Panegyrick on the goodness of his Government; but it is the Copy he hath set himself, and he would have it exercis'd upon us. This sure is no inviting Character to recommend his Proposal to
Englishmen
; And the sanguinary Methods of
France
are no such tempting Things to invite our Nation to transcribe from them. And he will have much to do to perswade them, that what is Savage and Barbarous in a Papist, so soon as it is translated into Protestant hands, immediately commences Mildness, Good Nature, and extraordinary Charity.
The Nature and Constitution of the
English
Government is quite of another Temper, there is no room for furious and arbitrary Will to ravage and depopulate at pleasure, but the exercises of Authority are confin'd within the Bounds of Law, and those very mild and merciful Laws too, and, next to the Laws of God, there are none in the World more compassionate than our own; They will not suffer a
Butcher
to be a Juryman in Cases of Life and Death, lest his Trade in Blood should harden his Constitution, wear out the Compassion of an
Englishman
, and warp him towards Cruelty. But the Equity of them never appears more than in proportioning Punishments, not only to the Nature and Quality of the Offence, but to the Condition and Circumstances of the Offender. This is the express Provision of
Magna Charta
.
Chap.
14.
A Freeman shall not be amerc'd for a small Fault, but after the quantity of the Fault, and for a great Fault after the manner thereof, saving to him his Contenement or Freehold. And a Merchant saving his Merchandize. And a Villain saving his Wainage. A Peer shall be amerc'd by his Peers, and after the quantity of his Trespass. No man of the Church shall be amerc'd after the rate of his Spiritual Benefice, but after his lay Tenement, and after the Quantity of his Trespass.
Here is Justice indeed, but exceedingly temper'd with Mercy, and the Law in assigning Punishments hath a double Aspect, one upon the Quantity of the Offence, as never to exceed that, of what Abilities soever the Offenders are, the other on the State and Capacity of the Offender, to lower and sink them to the proportion of his Abilities. The Equity of this extends to all parallel Cases: So that Predatory Punishments (in Cases not Capital) that devour a Man and his Family, and which exceed either the nature of the Crime, or the measure of Men's Abilities, seem directly repugnant to the old Standards of Justice and the fundamental Rights of
Englishmen
. Now upon this general View, We may easily estimate whether our Author's Proposal, be suitable to the Methods of our Ancestors, and to the Temper and Mildness of the
English
Constitution: To be
Excluded ABSOLUTELY from the Benefit and Protection of Law
, is but all Punishments in short: A compendious Summary of all possible Severities, 'tis not only to be divested of all Property, but of Freemen to be made Slaves, and that not to one Lord, but to every man in the Nation, to be obnoxious to all the Penalties the Law can inflict, and to all too that can be inflicted without Law, that is, 'tis as many several Penalties, as arbitrary Malice, or wanton Cruelty can invent. 'Tis
AElig;lia Lælia Crispis
, neither Treason, nor Murder, nor Felony, nor Misdemeanor, nor Trespass, but All. Neither Fine, nor Imprisonment, nor Confiscation, nor Banishment, nor Premunire, nor Hanging, but All. And now is there any need to ask, whether such a
Hydra
of Miseries [with a thousand Heads, and every Head as many Stings] be an adequate and equal Punishment, for no actual Attempt against the Government or Laws, no Violation of any one Man's Rights? The Case in question is neither more, nor less than a pure and single Negative, the not taking the Oath. This is intirely to destroy the Ballance of Justice, and there is no need of Scales, where every Offence is equally ponderous and comes up to the utmost Standard. The nature of Crimes is confounded, and there is no distinction between small and great, (that is in point of Punishment, where especially there is most need of Distinction) Omissions and Commissions are in the same Predicament, and Justice is blind on the wrong side, instead of having no respect to PERSONS, hath none to
Causes
, but with an undistinguishing and unrelenting hand, promiscuously scatters Vengeance upon all alike: Upon this foot let every
English Man
hear the Equity of this Proposal,
That without any Compassionate savings, without any regard to the Weight, Quantity, Manner of the Offence; Peers, Freemen, Merchants, Churchmen together with their Peerage, Freeholds, Merchandize, Ecclesiastical, and Lay Tenements must for ever for one poor Negative, be indiscriminately swept away with Destruction, and expos'd to the utmost Rigors, a Nation can inflict, or Men can bear
.
If it be said that this Negative, contains something Positive, and implyes Malice and Enmity against the Government. I answer, this is their Construction, not ours; Why may it not imply as well tenderness of Mind, and Conscience towards God? Or why may it not imply a disability to wind our selves out of our former Principles? Charity would think one of these. However the Law knows no
Constructive
no more than it does
Accumulative
Treasons, nor Punishes Men by Implications and Inferences, but from plain and evident matter of Fact. 'Tis hard that they will Judge of our Thoughts, but 'tis harder yet to fasten an Arbitrary sense of them, and then to Punish that Sense of their own Imposing, which is to punish not our Thoughts, but their own, nay 'tis to punish us for their Thoughts. 'Tis certain no Man can know our Thoughts till we our selves Manifest them by some Overt Acts, by which, and by which only the Law judges; for altho' the Heart is the Traytor, and so it is the Thief and the Murderer too, yet that which makes the Treason, or Felony fall under the Cognizance of Law, and become the Object of Humane Justice, is when the Enmity within is declar'd by
Overt Acts
, that is, not every Act, but such only as in the Eye of the Law, are fully, plainly and evidently declarative of it. Exorbitant Stretches, especially in Penal Cases, have always been condemn'd by Men of Equity and Temper, but never more than in this Reign; which (We are told) is a Reign of Liberty, founded upon the People's Rights, and that now their Liberties, are not only preserv'd intire to them, but much enlarg'd; and an
Englishman
who was always free, is now freer than ever before. And certainly
Freedom
and
fundamental Rights
, are not ambulatory and moveable, to serve only to make Complaints with when Men are out of Power, or hardly used themselves, but are fix'd and rivited in the Constitution, and from thence (like Vital Spirits) are dispers'd to all parts and Branches of the Body Politick. And if there be such a thing as
Liberty
, 'tis certainly general and common to all, and not enclos'd by any Body, or Party of Men whatsoever.
Without looking into the Conduct of other Nations in such Cases, We have in our own Examples perhaps of as many Revolutions, as any other Kingdom in the whole World. Since the Conquest (where our Histories run the clearest) We have had many instances of the Great Turns of State, of the Rise and Fall of several Parties and Interests; And particularly in the days of King
Stephen, Edward
2. the Two
Richards
, the long and bloody Contests, between the two Houses of
York
and
Lancaster
, and in the days of K.
Charles
1st. And indeed it must be confess'd, that upon the various strugglings for the Government, under differing Claims and Pretences, much
English
Blood hath been spilt, many Brave and Gallant Men destroy'd, many Noble and Honourable Families for ever extinguish'd. But if this be narrowly look'd into, it will appear in all the respective Times, That this was mostly in the Field,
Flagrante Bello
, and in the Heat of Blood; And I think I may truly say,
only
and
peculiarly
with respect to it. For so soon as the Sword of War was sheathed, whatever Party had the better, those few Attainders that were made afterwards deliberately and by Law, were only of Military Men, who actually fought with, and oppos'd with their Lives and Fortunes the Claims and Pretences of the Prevailing Party, and not the thousandth part of them neither, and much less of any others: And of this, besides several others, We have a mighty Instance in the Reign of
Henry
4th. which was a Reign of Pardons, and particularly the Generous Pardon he gave to Bishop
Merks
, after his Tryal and Condemnation at the
Old Baily
, who had so openly and freely oppos'd him, and his Claim in Parliament. And I believe there is not one single Instance in all our Histories, under all the various Concussions of State, that the Storms of the respective Revolutions ever fell upon one single Man, who had not been in Arms, however he might, in Opinion and Judgment, be thought a Favourer of the other side. And even these Severities, were thought by
Henry
the 7th and his
Parliament
, so harsh and cruel, so contrary to Reason and Humanity,
against all Laws, Reason and good Conscience
, as the Act expresses it, That they did all that Men and Law could do, to put a final End to it, That such Proceedings and Practises might never more be seen in the
English
Nation. This is that famous Statute (11
Hen.
7.
Ch.
1.) which expresly provides,
That from henceforth no manner of Person or Persons that attend
(the King for the time being in his Wars, or act by Commission from Him)
be in no wise Convict or Attaint of High Treason, ne of other Offences for that Cause by Act of Parliament, or by any Process of Law, whereby any of them shall forfeit Life, Lands, Tenements, Rents, Possessions, Hereditaments, Goods,
Chattels
, or any other Things, but be utterly discharg'd of any Vexation, Trouble or Loss. And if any Act or Acts, or other Process of Law hereafter happen to be made contrary to this Ordinance, that then that Act or Acts, or other Process of Law whatsoever stand and be utterly void
. This is certainly the utmost Provision of Law, and 'tis impossible that any stronger can be made by Men. And whatever other Construction may be made of this Statute, 'tis evident that hereby all violent Excesses of Revolutions are not only restrain'd, but perfectly taken away, that however it may happen in the Field and in the Heat of War, yet that no after Ravages should be committed, and Men should not be destroy'd by Law, who had escaped the Sword. I need not reflect how suitable this Law is to the mutable Estate of Mankind, and the Vicissitudes that constantly accompany all Humane Affairs; And that the contrary Practise in the foregoing Revolutions, was nothing else but a Seedplot of Destruction, making Sorrowful Precedents of Revenge, which, upon every turn of State, was sure to be follow'd Home, and retalliated with Interest. But, it is very remarkable, that when K.
Henry
was the Regnant Power, and in Possession of the Laws, instead of sharpning the Edge of the Laws in being, or contriving new ones to Impeach, or Detect his Adversaries, he should take the direct contrary Course, and provide by the strongest Law he could make, that none of his own Followers, and Adherents shou'd be Impeach'd, or suffer by any Course of Law, for assisting him: And, the Circumstance of Time makes this yet more Remarkable. When the Dutchess of
Burgundy
(an Implacable Enemy to him, and his Family) was from Abroad, setting on foot all possible ways to disturb his Peace, when there were Spurious and Supposititious Titles set up against him, and, when he knew the Favourers of the other House at Home were neither few, nor Inconsiderable, in this very Juncture; and in the flagrancy of
Perkin Warbeck's
Pretensions, and Motions, instead of sending a Scrutiny throughout the Land, instead of framing Tests to discover Mens Intentions, and try how they stood affected; he takes especial Care to put an Everlasting Period to the Bloody Methods of former Revolutions, and that his Followers might be Indemnified from all Attainders, Convictions, or Forfeitures for adhering to him, and Serving him in his Wars. This Wise King, (and a Wiser perhaps never sat on the
English
Throne) no doubt, did what he esteem'd best for his own Security, and he thought this Method tended more to his Establishment, than all the Sanguinary Proceedings, and Inquisitions in the World. And, his Wisdom did not fail him in this, no more than it had done in other great Instances, for, hereby he became an easy Master of his Enemies, Reign'd gloriously himself, and transmitted a clear and uncontested Crown to his Posterity, and who reign'd for the most part in Peace, and without any considerable Interruption for five Generations, till in the Reign of the Sixth there arose a Sort of Men, whom neither this Law, nor the Law of God, nor all Obligations Divine and Humane could hold from laying violent hands on, not only the Followers and Adherents, but the sacred Person of the King Himself.
And this is the next Period of Revolutions in this Nation, and which indeed was of a Dire Complexion, more Tragick and ghastly than any that went before, and yet more mild and merciful, than our Author's kind Proposal. The Reign of the Covenant was Fierce and Cruel, turn'd out all that wou'd not swallow it; but then there it left them, its Rage was satisfy'd with their Places and Preferments, without further Pursuit of their Persons,
An Englishman
might be a
Non-Covenanter
, and yet an
Englishman still
, the Laws were as open, all other Priviledges as free to him, as to the most Zealous Covenanters; And so soon as he was thrust out of his Office, he knew and felt the worst of it. And altho' the Military Executions were very bloody and Cruel, altho' the Violences upon particular Men were very Inhumane and Bruitish, altho' the Compositions for Delinquency (the then stile of Loyalty) were very exorbitant, yet all this notwithstanding there is nothing during that whole Interval of Perfidy and Treason, of Fury and Violence, that can match the Dimensions of our Author. For even in the heat of War their Sequestrations had Savings, and there was a Reservation of a fifth Part of the Estate for the Maintenance of the Wife and Children; And afterwards when they became Masters of the Field, and of the whole Kingdom, they forc'd the Royalists, who had bore Arms against them to hard Com positions, and at length disabled them from holding any Office of Trust, and from giving their Voices for Election of any Person into such Office, which, tho' very hard and unequal, tho' it was a very Intemperate and Unchristian use of their Prosperity, was notwithstanding far more moderate than the Treatment our Author prescribes, for when they had pass'd their Compositions, the Remainder of their Estates, and themselves were free, and a disability to bear Office or chuse Officers, did not disable them from any other Benefit or Protection of the Law, but bating these particular Exceptions and Limitations, all other Advantages of the Law were left open and intire to them. This was the Case during the whole Reign of the
Covenant
and
Directory
, These Men had forc'd themselves into the Possession of the Laws, and the intire Power of the Nation, they had their Adversaries in their hands, and intirely at their Disposal, they knew their Sentiments and Opinions, their steddy and immoveable Loyalty, had felt the Force of their Arms in that Cause. Yet in these Circumstances these Men (not the most merciful in the World) thought something else became them than to annihilate their Adversaries; and root out their Name and Memory from the face of the Land. The Conclusion from hence is, That if their Mercies were cruel (as indeed they were) yet in comparison of our Author's, they are Mercies indeed, and must be so accounted.
'Tis true, when they had arriv'd to the highest pitch of Villany, when they had murder'd the King, and harden'd themselves with Royal Blood, then, and not till then, they came up to the size of our Author; for then an
Engagement
was fram'd, with our Author's own Penalty upon the refusal to subscribe it, and 'tis probable he transcrib'd it from thence; for there is no other Instance of any such Proceeding, or any thing like it, throughout the whole
English
History. But this sure is no Inviting Precedent; the unparallell'd Impiety of that Act, will surely reflect everlasting Infamy on the Persons and Example of the Actors; and let it for ever be remember'd, that the Authors of the
Engagement
, and of the Act for the Tryal and Murder of K.
Charles
the First, were the same Persons; and then let every
Englishman
try his Constitution, whether it be fit to write after the Copy of the most Bloody and Barbarous Sett of Men that ever yet appear'd on the
English Stage
. And yet even this will admit of Mitigation and Abatement; For how terrible and severe soever it was in the Enacting, yet the Execution, either never at all; or very rarely came up to it. The
Presbyterians
cry'd loudly against it, both wrote and preach'd against it, with all the Earnestness and Violence they were able, and doom'd the
Subscribers
to the Pit of Hell; and yet as far as ever I could find, not one of them (nor perhaps any other) ever smarted under the Penalty of it.
Whitlocks Mem. p. 428.
However, upon the next Turn, when
Oliver
got the Reins in his hands, he totally abolish'd the
Engagement
, with all its hideous Train of Disabilities and Incapacities, and restor'd the Course of the Law indifferently to all Men; And the Preamble of this
is remarkable;
Scob. Collect. pt. 2. pag. 277.
Whereas many General and Promissory Oaths and Engagements in former Times impos'd upon the People of this Nation, have prov'd Burthens and Snares to tender Consciences, and yet have been enacted, under several Penalties, Forfeitures and Losses; upon Consideration whereof, and out of a Tenderness of requiring such Obligations
, &c. And this he prov'd true to all his time, and this Ordinance was confirm'd 3 Years after by his Parliament. He knew the Persons and Tempers of the Royal Party as well, perhaps better than any man in the Nation; He knew their Principles, and Vertues, their steddy and unalterable Loyalty; He knew further they were irreconcilable Enemies to him and his Government; and yet notwithstanding during his whole time, there were no
Insnaring Oaths
, nor
hampering Tests
generally impos'd. And if this was done out of
Tenderness
, as he pretended, it had so far a Shew of Piety, as not to be instrumental to the prophaning and dishonouring the Name of God, by dreadful Menaces and Terrors to compel Men to forswear themselves; however, let it be for what End it would; let it be Magnanimity, Generosity, Policy, or any thing else, it was certainly better for them, and probably for himself too, that when he had them in his Power, he did not provoke them for the saving their Carcasses to damn their Souls by Perjury and Hypocrisie; nor yet to make their Refusal an inhumane Opportunity to revenge or enrich himself: He knew, as well as any man, how to dive into their most secret Contrivances and Councils, but his Methods for this were not by setting on foot, (nay he perfectly laid aside) a State Engine to rip up Men's Consciences, and make their inmost Thoughts the Objects of Punishment. The Act that was fram'd for the Security of his Person, and at that very time, when there were actual Endeavours both at home and abroad to unsettle him, as both the Histories of these Times, and the Preamble of the Act it self expresseth it
as well in foreign Parts beyond the Seas, as also within this Nation
; Yet the Security that he and his Parliament provided, was only against actual Attempts and Overt Acts;
Shall attempt, compass, or imagine the Death; and such Attempting, Compassing, or Imagining, shall declare by open Deed, or shall levy War, or Plot, Contrive, or Endeavour to stir up, and shall by open Deed declare such Endeavour
. This was all the Security he had, and (as far as appears) all that he requir'd, and the rest he left to his own Vigilance and Care; He knew by Experience, that forc'd Oaths were no Support of any Government in the world, it might ensnare their Consciences, but would prove no Security to him; Men's Fidelity arises from the Sense of their Duty, and where that is, an Oath is needless; where that is not, the Oath will always be esteem'd rash or sinful, and consequently, not obligatory, it may involve them in guilt, but can never bind them. And therefore he quitted this Method either as fruitless or noxious; there were no such things generally impos'd on the nation during his Government, and as far as I can find all the Publick Oaths were His to the Commonwealth, and the Members of his Parliament to him: and consequently that no man suffer'd as a
Non-Juror
in his time; and I may add none out of mere Disaffection or Enmity to him, but only for actual attempting against him; He kept up indeed their Disability for Places of Trust, but for other Advantages of Law, they were free to all, and no man excluded.
But there is one thing in his Reign, that I ought not to omit, which looks like Compassion and good Nature, but from what Root soever it sprang, it deserves to be taken Notice of; There were no Men in the World next to the King, and the Royal Family, that he hated more than the Orthodox Clergy of the Church of
England
, and he could not do otherwise, for their Principles were directly and irreconcileably opposite to him and his Government, and no Application could ever procure from him a Toleration for them, as he had granted to all other Protestants, of all Denominations. And in pursuance of this, he makes an Act to eject them from their Livings; and to be sure to have it done effectually, a Sett of Commissioners are appointed in every County, and impower'd to displace them;
Scob. Coll. pt. 2. pag. 344
But then the Act contains this Proviso,
That in Case the Minister so displac'd, hath no other Temporal Estate sufficient to maintain his Wife and Children; then the said Commissioners shall allow unto the Wife and Children of such Minister, so ejected, for their Maintenance, a Proportion not exceeding the fifth Part of the Profits of such Benefice, and which the Commissioners are authoriz'd to cause to be paid; and in default from time to time to sequester the Profits for the Payment thereof, and all Charges in and about the same, during the Life of the ejected Minister
. And this was not a sudden Transport of good Nature, no such hasty Blast of Favour as immediately to cool, but a settl'd Resolution; For two Years after, this Ordinance was not only confirm'd by his Parliament; but a new Act was made, and which seems to be somewhat more advantageous to the depriv'd,
viz.
If the
ejected Minister have not of real Estate
30
l.
per Annum
, or 500
l.
of Personal Estate, then he is to be allow'd a Fifth Part during Life. So that it seems the Doctrine of
Absolute Exclusion
was a little too rigid for the hard Heart of
Cromwell
himself; He mortally hated the Loyal and Orthodox Clergy; he knew they never did, never could own him; and he depriv'd them indeed and turn'd them out, but then not only left them the Protection of the Law, but provided out of their Benefices a Proportion for their Subsistence.
To close up this, I crave leave to add a pertinent Story. When
Bradshaw
sat Judge at
Chester
, there came before him a Cause of
Meum
and
Tuum
, between a Creature of the Government and a Royalist; a mercenary Lawyer, thinking to prejudice the Royalist's Cause, begins to fall foul upon his Person, to represent him as a Delinquent and Malignant, an Enemy to the State and present Government, and one who had been in Arms for the late King. But
Bradshaw
soon stopt his Mouth, and upon that made a solemn Speech to the Auditory, importing how indecent it was to fall upon the Afflicted, how harsh and unseasonable to revive and bring into Men's Minds the Miseries of the late Troubles; That the Case before him was not Matter of State, but private Property; that he sat there not to judge of Men's Persons, or private Opinions, but Causes; and that for his part, he would endeavour to his Power to administer Justice equally and indifferently to all Persons. This I had from one of the Auditors: And if our Author please, let him review his kind Proposal, and see how he likes it, when it falls so far short of the Temper of the most insolent and bloody Regicide, that ever this, or perhaps any other Nation, hath bred.
Upon this short View of the Revolutions in our own Nation, 'tis easie to see how much some Men are mistaken in their Politicks, as well as Humanity, when they are so frequently crying out, If you do not own the Government, you ought to have no Protection; if you do not Swear, you are Inexcusable, and ought to be absolutely Excluded from the Benefit of the Law; if some Men had the handling of Thunder, the World would quickly be made thinner; but, Governours, as they are in high Posts, so they are high in Wisdom, and manage their Affairs, not by Passion, and little Sentiments, but by exact Measures, they know, that Lenity and Forbearance tend more to their Establishment, than Rigid, and Austere Methods; and this, as 'tis always true, so it hath moreover an addition of Justice, with respect to Revolutions, in Hurricanes, and Tempests of State; 'tis Impossible that all Mens Minds shou'd be settled, and 'tis Impracticable to attempt it. Governours have the Temptations of Honour and Profit of their Side, and, if that will not do, to be sure Force will not, which never yet gain'd any Man's Assent, tho' possibly, it may an outward, and Hypocritical Compliance; and, if the Government hath not a Man's Conscience, he hath not the Man, let him Swear never so much; and, if he be driven to it by Terror, and Compulsion, he is but so much the more imbitter'd, and more Enabled too to act with Prejudice, And, so long as there are different Sentiments in a Nation, 'tis certainly better for any Government, to have them stand distinguish'd, for then they are known, may be easily watch'd, and their Attempts (if any such should be) as easily frustrated; but, if they are forc'd to Incorporate into the Multitude, and made capable of the Advantages of the Government, they are thereby only made capable of doing more harm, if they are dispos'd to it, and that even by an Authority, and Interest, deriv'd from the Government it self, Upon these, or perhaps better Reasons, the foregoing Revolutions ever declin'd the drawing Men by Violence, and Racking them into Compliance; and, the Good, and the Bad, the Gentle, and the Tyrannous, have thought it hitherto enough for their Security, to hedge in their Persons by the Fences of Law, against all Attempts, and to fill all Places of Power and Trust, with their own Adherents, and, for the rest, to leave them at quiet if they would, or to be otherwise at their Peril; and, this middle way, as 'tis most agreeable to Reason, Humanity, and Interest of State, so it hath been verified in Fact, for, 'tis the Path, that I believe, all Revolutions have walk'd in, to be sure all our own, except one single Instance, which, as it was never put in Execution, so it is an Example of Men so prodigiously Lewd, and Scandalous, so abominably, and above measure Impious, that 'tis a Horrour to think of them, and much more to Imitate them: And the Tyrannies of
Nero
, or
Heliogabalus
, are more Imitable, and fit for Example.
And yet, after all, we humbly conceive, that our Case is more favourable than any that went before, in several Respects.
There is this considerable difference between this, and former Revolutions, That as all former Revolutions were acquir'd by the Sword, and passages thro' Blood, and that not only of their Adversaries, but their Friends, so the Slaughter of their own Party rankled in the Minds of the Victors, and begot Heart Burning, and Revenge; but in our Case, the Ascent to the Throne was easie and safe, without Bloodshed, without Opposition, and consequently without any provoking occasion to Exasperate, and Inflame the Passions, here was no room for Reprisals, none for attoning, and pacifying the Ghosts of the Slain. When K.
Edward
the Fourth came to
York
, he saw the Head of his Father, and of others, his Friends, yet remaining upon the Walls, and this did so incense him, that be forthwith caus'd his Prisoners, the Earl of
Devonshire
, and three others, to be Beheaded, and their Heads placed in the room of the others, of which Action,
Habington
, p.19. (the Author of his Life) makes this severe, but just Reflection.
An action too much savouring of the Ancient Heathen; the Souls of Christians no way requiring their Murthers to be reveng'd, or their Injuries appeas'd with such an Offering
.
The Principles of the Respective Parties concern'd, either in high Posts of Legislation, or otherwise under the Government, seem to plead for us, and to be Advocates for Mitigation and Forbearance. And if they please to consider them in their just consequences, We presume they will find them moving in our Favour.
There are two general Parties in the Nation, however subdivided; the
Dissenters
, and the
Church Party
, The Dissenters for a whole Age, and more, have been loudly inveighing against
Persecuting tender Consciences
; and by Conscience, we presume, they do not mean only their own, but other Men's also, when it is truly Conscience, and not pretended, nor that this was a Temporary Doctrine, calculated for Seasons and Opportunities, and fit only to be taught their Governours, when they themselves were in a state of Suffering, but constant and permanent, as fit for them to learn, when they are in Power, as when they were under the Power of others; And this can only evidence the Sincerity of their Pretensions, and shew that it was not Clamor, but their true Judgment, when they shall be as ready to exercise it towards others when it is in their hands, as when it was not to demand it for themselves. Further yet by Conscience, We presume they do not mean only a rightly inform'd Conscience, for there is no doubt that Right ought not to be Persecuted, but such a Perswasion of Mind, which must ultimately guide a Man whether he be in the right or wrong. That is, when a Man uses all honest Endeavours, and his best Skill rightly to inform himself; and if after this he happens to be in an Error, 'tis rather to be pitied than punish'd. Lastly, by Conscience being persecuted, neither they nor we mean, the Punishment of outward Acts and Attempts, and violations of Law; but such a Perswasion, altho' differing from the Sentiments of Superiors, as is withal peaceable and quiet, offends no man, disturbs no man. Upon these Limitations We think, We may reasonably desire from them the Benefit of their own Principle, and We must confess that in their private Capacities, We have met with fair and moderate Treatment from them; Nor can I think that this
Excluding Project
came out of their Quiver. And this is yet further inforc'd, if they consider that there are two Cases, in which their Sufferings in some measure run parallel with our own, that is, the
Renouncing the Covenant
and the
Sacramental Test
, the one determin'd, the other yet in being; in both these Cases they heretofore did, and yet do think themselves hardly us'd, their natural, and Native Rights violated, and yet the utmost Severity of both these, were only Exclusions from Offices and Places of Trust, which we suffer already, and are contented to suffer. We desire no Places of Profit and Preferment, till we comply to the utmost; In the mean time, if the Terms of Refusal are esteem'd such a Hardship upon themselves, because they cannot in Conscience comply with them; our declining the Oath for the very same Reason will be no Inducement to them, acting consistently with their own Sentiments, to give their helping Hand to lay far heavier Impositions upon Us.
In the next place the
Church Party
, We humbly conceive, have yet more Reason for Moderation and Temper; It is not so long since, as either they or We can forget, that We were One Body, mutually agreeing in, mutually suffering for the same Cause, and (as far as we know) upon the same Principles. And if they please to cast their Thoughts backwards, and review our Behaviour while we walk'd with them; We believe they will find no Reason to suspect our Sincerity, nothing to provoke their Hatred or ill Will, and much less a severe and hard Treatment. But this is a String we must not touch upon, and Modesty bids us forbear; however, as We have always hitherto, so We yet crave leave to insist upon (and We desire to do it without Provocation or Reflection) That the Principles upon which we suffer, were their own, as well as ours; And if they are so still, for them or any of them to be instrumental in laying on our Afflictions, is to prey upon their own Principles; it savours too much of the Cannibal, and is devouring their own Kind; and to see
Passive Obedience
crucifying
Passive Obedience
, is the most unnatural thing in the World, and which can be parallell'd by no other Party or Perswasion besides. And whensoever they concur or give their Vote for our Miseries, in Religious and Moral Construction, they lay violent hands on themselves, and commit Outrage in our Persons, on their own Sentiments, and Thoughts of their Hearts. If it be said here, that We lay these Principles on too narrow a bottom, and we ought to have understood them in their just Latitude. We answer: Be it so; why then, the Consequence is, That the same Principle streightned and contracted, confines the Behaviour within narrower Limits, when the same open'd and enlarg'd, gives greater Liberty in Practice. But 'tis a strange Latitude indeed, and gives a monstrous Turn to it, which impowers it to destroy and devour the same, though streighter; 'Tis certainly the same Principle, however modify'd, and if by vertue of a new Modification it can contract such terrible Qualities, the mildest Principle in Religion may soon be modify'd into the most Savage and Bruitish; 'tis but tacking a Latitude to it, and then it may do any thing in the world. However, let the Foundation be what it will, We have laid it no narrower than they have done themselves, our Principles are in their Laws, Books, and Sermons litterally and expresly, without any such Latitude, or Caution; and if We have swallow'd them implicitly, or with due and reasonable Care, have examin'd and entertain'd them, some share certainly of the Mistake (if such it be) is owing to them, and they, in some degree, are responsible for the natural Consequences of their own Doctrines and Instructions; And 'tis a hard way of paying of Debts, and attoning for the Inconveniences into which they have lead us, by assaulting us with Vengeance, and helping forward our Destruction. If it be yet further said, that they have quitted these Principles upon good and substantial Reasons, let that be granted too, then that is in the nature of Repentance; And the natural and proper Effect is to produce Compunction and Grief, for having been mislead themselves, and for having been instrumental to seduce others; but it operates the wrong way, if instead of begetting Sorrow in our selves, it serves only to heap up Sorrow on the Heads of others. This is indeed an Act of Revenge, but the Object is mistaken; For in such Cases, the Object of Revenge is a Man's own self, and there it ought to terminate, and not on his Brother, tho' he be mistaken, 'tis a mere Secular Device and Artifice, and hath nothing at all of Religion, when Men think to evidence the Sincerity of their Change by falling foul on the Principles or Party they have quitted; they may give their Reasons with the best Advantage they can, but sure 'tis fit, that at the same time they with-hold their Hands, for of all things Force and Violence are most undecent and unbecoming Qualities in a Convert. And look throughout the World, from the Days of
Cain
until now, and you will certainly find, That Renegado's and Apostates only, have been the Persecutors of their former Brethren, and that 'tis only a Consciousness of forsaking the Truth that sours their Tempers, and degenerates into Fury. For a Recovery from Error upon honest and full Conviction is quite another thing, it always leaves upon the Soul a strong Impression of its own Infirmity, the Experience of their own Errors, joyn'd with the Ingenuity of owning and forsaking them, inspires them with Thoughts suitable, and begets Candor and Mildness towards the Errors of others, with a more particular Tenderness to the Case we have been involv'd in our selves; And whatever Arguments for Compassion may be drawn from the lapsable Estate of Mankind, they are tenfold more Cogent and Weighty, if the Lapses were once our own; If we our selves have been overtaken in the same Case, and in the same Instances. So that upon the whole, turn it which way you will, Let the
Party of the Church
either believe the same Principles that we do, or let them hold them in a differing Latitude; or let them perfectly forsake them (which three Divisions we believe include at least nine Parts in ten) in all respects, and with reference to all the Divisions, the thing we are Pleading against, is equally repugnant, and inconsistent, as unaccountably Harsh, and Severe.
We have a Mighty Instance in our own Nation, to Illustrate this whole matter. In the days of Queen
Mary
, we see the false Principles of the
Roman Church
, join'd with the Apostacy of those who complied in the former Reign, spread themselves all over the Nation, in Martyrdoms, and Executions, in all the Bloody, and Violent Methods that Rage and Malice could Invent, or Execute. From whence it hath been well observ'd, That that is a strange Religion which divests Men of Humanity, which, instead of smoothing the Asperities of Humane Nature, Enhances, and Inflames them, and makes them ten times more Fierce and Cruel by Religion, than they were by Nature. But, so soon as the
Reformation
recover'd again under Queen
Elizabeth
, the Spirit of Mildness, and Mercy reviv'd with it. Fire and Faggot were at an End, and the Triumphs of Truth were seen not in Slaughters and Bloody Victims, but in Living objects of Mercy. The Queen her self had been very ill used, and withal, in great danger of her Life; the Provocations in general had been very high, and Exasperating to Flesh and Blood, the Wounds many and deep, and withal, fresh and Bleeding; and, yet behold the mighty Power of Truth, and true Principles, which, instead of pursuing Revenge Abroad, subdued the Tyranny of it within, and tied up the Hands of Power from retributing the like measure on themselves. The Reformation indeed, went on with Resolution and Courage, but it was with great Piety too, as the Case was Religion, so it was Intire, and Uniform in all its Parts; Faith had not yet devour'd Good Works; Zeal had not eaten up Charity; the Name
Protestant
in those Days, meant the
Thing
, a mild, and merciful Religion and which inspir'd all its Votaries and Proselytes with the same qualities. It is true, Non-Compliers were disabled from holding any Offices, and the Clergy were actually depriv'd for refusing the Oath of Supremacy; but, their Deprivations were so Temper'd with Compassion, and Kindness, that they became not only Tolerable, but very Easie. In the
High Commission
, the Commissioners are expresly Impower'd to assign
fit, and Competent Pensions
to those who were put out, and of which, the Historian saith,
The Prudence of reserving Pensions for such Priests as were turn'd out, was much applauded
.
Pensiones legittimas congruas & competentes cedentibus vel resignatibus
. Hist. of Reform. pt. 2. p. 400.
And, if that was all,
Prudence
is a Vertue both Laudable, and imitable; But much more where Piety is joyn'd with Prudence, and the grounds of such mild Proceedings are Religious, as well as Prudential. Thus upon the indulgent Treatment of the Depriv'd Bishops,
viz.
That
Heath
Archbishop of
York
; lived securely at his own House in
Surrey
, and was visited by the Queen. That
Tonstal
and
Thirleby
liv'd in
Lambeth
with
Parker
, (the New ArchBishop) with great Freedom and Ease. That even
Bonner
himself (the bloodiest of them all) was suffer'd to be in safety, and Skreen'd from the Fury of the Enrag'd Multitude. The same Historian makes this Reflexion:
As the Queen was of her own Nature merciful, so the Reformed Divines had learned in the Gospel not to render evil for evil, nor to seek Revenge. And as
Nazianzen
had of old exhorted the Orthodox, when they had got an Emperor that favour'd them, not to retaliate on the
Arians
their former Cruelties, so they thought it was for the Honour of their Religion, to give this real Demonstration of the Conformity of their Doctrine to the Rules of the Gospel, and of the Primitive Church, by avoiding all Cruelty and Severity, when it look'd like Revenge
. Now if these were good Doctrines then, they are certainly so still, and come home to our Circumstances with all possible Advantage, there is indeed a great Disparity between the two Cases, but every branch of the Disparity turns in our favour, and concludes in all respects more strongly for us. We need not pursue the Comparison, a Man that Runs may Read it, both with Respect to them, and to our selves. This Author is now in a Post to give Evidence of his own Doctrine; and, if the
Honour of the Reformation, the Rules of the Gospel, and of the Primitive Church
, have any Prevalency at this Day, we may yet hope to see the Consequences of them in Practice, the same Celebrated Effects reviv'd amongst us, and Demonstrated in real Acts of Clemency, and Forbearance; and therefore, We cannot conclude better, than in the next Words of the same Historian, (which were not spoken Exclusively, but, by way of Panegyrick, as a Noble, and Pious Example, fit for himself, and others to Imitate.)
All this might have been Expected from such a Queen, and such Bishops
.
FINIS.
REASONS FOR RESTORING THE WHIGS.
LONDON
, Printed in the Year 1711. Price 6
d.
REASONS for Restoring the
WHIGS
.
NOthing is more generous than to take part with People in Distress, when it is none of their Fault that they are not still in Prosperity. To see a Set of Men run down by the common Cry, even to Contempt, whose Numbers are as formidable as ever, and who continue to maintain the true publick-spirited Doctrines of Revolution and Resistance, to see these despised by those very Men, who do not so much as pretend to have any Defence against such Weapons, is very unaccountable. The Elect do not know what it is to despair: and till that happens, the
Tories
ought not to triumph. But nothing is surprizing in an Age of Amusements. Whilst some are contending for the very odd Maxim,
That they ought to be preferr'd, who would be good Subjects, tho' they were out of Favour
: Others are no less idly sollicitous about restoring those,
who have the only Pretensions to Power
, whether to procure or to keep it. I take it for granted, that the
Whigs
must and will come into Play again: because they are the only Masters of all those useful Arts and Inventions, by which, under Providence, Turns and Changes are brought about in the World; and therefore since it is, and ever was the Business of that Party, of which I profess my self an unworthy Member, to give intire Satisfaction to all sorts of Consciences, I shall endeavour to prepare my Fellow-Subjects for the Alteration, by laying down the best Reasons for it I can. This I take to be a very good Method, to give Reasons before we come into Power, because we may not perhaps be so much at leisure to do it afterwards. I am sensible, that the Prerogative may make this happy Removal as it formerly did, without giving any Reason for it at all; but since the straining of the Prerogative is notoriously a
Tory
Device, and because I think all arbitrary Proceedings, especially whilst
Tories
are uppermost, ought to be discouraged: I shall debate the Matter with all the Calmness and Moderation, that becomes a Lover of Truth, and a hearty Friend to his Country.
If we have the Welfare of
England
at Heart, and would gladly be delivered from this long and expensive War, in which we are engag'd: We should wish with Impatience for the Restoration of the
Whigs
, who are the only Men that can put an End to this Affair with Safety and Honour. The Conduct of the
Tories
, since they have been at the Helm, will soon convince us of all this. They have taken Care of the
Indies
, and made a Trade and Advantage of that, which at all Hazards should have been undertaken, I mean the Conquest of
South America
, which at long run is the Conquest of
France
; they have provided for
Spain
, and stopt the growing Debt of the Nation; by which Measures, the War may last some three or four Years longer, unless an unexpected Peace should intervene; whereas, had the
Whigs
been suffer'd to pursue their Method: Had the grow ing Incumbrance Risen into a general Dun: Had
Spain
been starv'd to enable us to take three Towns with six Millions, that cost the
French
King almost half the Sum for Purchase and Fortifications: Had the Foreign Plunder devolved wholly upon the
Dutch
, and the Domestick upon their private Allies:
Torcy
could have banter'd us no longer, tho'
the Confessor
to
the Army
, who knows so much of
the Management of the War
, had himself been in the Secret: But we must have had the invaluable Blessing of Peace; our Creditors would have been sure of their Power for many Generations, by having run us so very deep, and therefore would have no more occasion for the War: There had been an end of all our Troubles, and the
Whigs
would have stood to their first Word with Honour, and owned the Duke of
Anjou
with a most profound Submission to Providence, which perhaps might have been mentioned in the
Journal
. Whereas, under the
Tories
, how far off is this delicious Prospect? Perhaps we may have a Victory to match
Ramellies, Oudenard
, and
Blaregnies
, and so computing
Hockstat
among the
Tory
Triumphs, bring the Ballance to that side, whereby we may go on planting Lawrels every Year, till the Grove grow to a Wilderness. The
Whigs
therefore must be restored, if ever we design to be at leisure to fight altogether among our selves.
Nor is there less Occasion for them, if we seriously consider the great Necessity there is, of strengthening and keeping up our Foreign Alliances. There is all the Reason in the World to accuse the
Tories
of great Remissness in this Article. I would not be thought to write for a Party, or to judge out of Prejudice: But let any in different Person tell me, whether there does not appear a great Suspicion of Avarice and Narrowness of Spirit in all their Transactions beyond Sea. Little else was regarded in all Treaties, but their own Interest: As if
England
was to come in Competition with all
Europe
. If any useful Branch of Trade was in Dispute, they presently claim'd it for themselves; if a Town was taken, they immediately brought in their Partners for Powder and Shot; if a Territory was to be divided, who but they to be the Foremost in the Scramble. If my Memory do not fail me, for I would not wrong them, they once weighed a few Paultry Gunsmiths against the whole
States General
, and insisted on a meer Punctilio of Honour, with the ever valiant and victorious
Portuguese
. I appeal to the Knowledge of all who have been conversant in these Affairs, whether there was not a greater Regard paid to our Allies, under the Administration of the Whigs. Did we think it worth our while to Quarrel with a Neighbouring Country for a few nasty Fishes, or the Raree-Show of a Company of Monsters from
Africk
? When one of our good Allies was overstock'd with
Poor
, did we not take vast Numbers of them off his Hands, at a Time too, when our own Poor were very numerous, and in a starving Condition, so generous was our Charity without any Regard to our own Profit or Advantage. Is there a Religion in
Europe
, that has not been encouraged by us here in
England
? If those, who were troubled with Superstition, would have conceal'd themselves, and been of no Religion at all, rather than of a bad one, they might have been Favourites in our Eyes. Did we not wholly neglect our own Barrier the Seas, and increase that of other People, without any Respect to Self-Interest? And till the same well disposed Persons are restored, must we not be under the strongest Apprehensions imaginable, that the Grand Alliance will soon be broken: and then what do we think will become of the Protestant Religion and Liberties of
Europe
.
I suppose the most Hardy and Impudent
Tory
breathing, will not pretend to dispute with me, whether the Interest of the
Hannover
Family were not better provided for under a
Whig
Administration, than under Them. I shall not now mention their slavish Doctrines of
Passive Obedience, Non-Resistance
, and
Hereditary Indefeasable Right
, which no doubt must agree admirably well with the Temper and Genius of a
German
Prince. I would not bring against Them a Railing Accusation; the Cause of the
Whigs
wants not any such Arms to defend it; our own Actions, done in the Face of the Sun, will witness for us, how much we are concerned for that Illustrious House. By our Behaviour towards the Glorious King
William
and Her
Present Majesty
, the Serene Princes of That House may know, what They are to expect. Did we not Limit the Prerogative, and Cramp the
Succession Acts
, on purpose to get the Power into our own Hands, and into the Hands of those High and Mighty
Ephori
, whom we had appointed for the
Interregnum
, on purpose to keep it for their sakes? Have any People been truer to their Oaths and Publick Engagements, than we have been, and can any Thing be a better Security for the Successor to depend upon Us? It is very true, we have endeavoured all we could, to fix the Birthright in another Person. But every Body, who has not a Party-Mist before their Eyes, may easily see, upon what Reasons we went: For how can any one Branch of the
Hannover
Family ever claim in virtue of this Right, if the Birth of a Prince shall ever be disputed after so much Unquestionable Evidence? It is no strange Thing, to have such Calumnies spirited up against us, whilst we live among
Tories
. With the same Candor and Ingenuity They object to us, our lessening the Credit of the
Succession
by Representing Three Parts of the Nation as Enemies to that Family, and in the Interest of the Pretender: and that we Endangered a Bill for strengthening the Succession, by Inserting a Clause, which might very justly admit of a Division; Poor senseless Impotent Malice! How is it possible for the
Tories
to hope to keep the Saddle long, when they are not able to fathom even the ordinary Depths of our Wisdom and Sagacity? We did indeed Represent the
Tories
as Enemies to the House of
Hannover
; but they ever loved to contradict us, and make us Lyars and False Brethren, and This therefore was the only way to bring them to be for it. We own, that
Perkin
did make an Attempt to invade us, whilst we were in Power, and seemed to have a particular Fancy to land amongst our Allies the
Presbyterians
; and that much about that Time, we would not let the next Heir come over only by way of a Civil Visit; But had we not just then been accused of making Turns and Revolutions our professed Principle, that we were always inclined to follow and practise? And could we give a greater Demonstration of our singular Stedfastness to the House of
Hannover
, than by Receding occasionally from our Principles, and from our very Nature, for Their sake, by waving the Right of Revolution, adhering to the Establishment, and sending the Young Gentleman home again: Let the
Tories
, if they can, produce any one Instance, like these I have shewn, of their Loyalty and Fidelity to that Princely Race. They pretend, that we are for a Commonwealth, and we with more Justice object to them that they are for Arbitrary Power and Tyranny. Do we think a
German
Prince will not discern the Difference, and how much better it is to Rule a Free-born People, and a Race of Nobles fit to be his Companions, than a Nation of Slaves and Vassals? The
Tories
must not think to pass these idle Amusements upon a Wise and Judicious Court, which can never save them from Turning out, to make room for the True Patrons of the Succession. We all know whose
Legacy
it was, and can we suppose, that Legacies were intended for Enemies, and not for Friends?
There is another Great Concern, I mean the
Security
of the
Protestant Religion
, which I am sure can never flourish as it did, till the
Whigs
are again empowred to take it under their Protection. Nothing can be more surprizing than to hear
Jacobites, Highflyers
, and
Papists
in Masquerade, talk of preserving and maintaining the Protestant Religion. As for us, it has been our particular Care, ever since the Peace of
Reswick
. It was by our Direction, that the Famous
Exposition
of the
Church
of
England
Articles was written, by which the Inclosure and Pale, that had been made up by the
Tories
, was thrown open, and a large Gap made, at which, under the Conduct of a
Religious Naturalizing
Parliament, the Fulness of the Gentiles marched in, and by joining Us, made our Forces more than a Match for the Enemy. I have heard it said, that some of These were not
Protestants
, and that others were not
Christians
; But did they not renounce Popery in a solemn manner? Did they not swear against Them even in an Unknown Tongue? If This will not make a Man a
Protestant
, I am at a Loss to know what a Protestant is. Let this therefore be reckoned among the Calumnies of that malicious Party. With what indefatigable Industry have we laboured to bring together, and reconcile under one and the same Protestant Denomination,
Deists, Socinians, Atheists, Latitudinarians, Libertines
, and
Free-Thinkers
? And can there be any Thing that can contribute more to the Security of the Protestant Religion, than Unity and Concord? When the
Tories
talk of
one Faith and one Mind
, They know, that what they attempt to bring about, it is impossible should ever happen in Nature; Men will differ so long as they are Men; Certainly in the Judgment of all discerning Persons, the Conduct of the
Whigs
is much the Wisest, by a
General Toleration
to make it the Interest of all People not to
Divide
, tho they do
Differ
; by which means the whole Body of Protestant Dissenters are drawn in for Parties in the Common Cause of the Church against Popery and Superstition; and yet for This we have been called
Presbyterians
and
Fanaticks
; and we have met with all the Opposition in the World from the
Tories
, whose constant Business it was to Divide the Well-affected as fast as we could bring them together. At the Revolution, when the Protestant Religion was in the utmost Danger, whilst the
Tories
, to their everlasting Shame and Confusion stood out and kept at a Distance from that easy Monarch: We fell in with Him, concerted Measures with his
Popish
Counsellors, and ply'd him with all those Refined Arts, which Envy it self must acknowledge we are Masters of to a Perfection; by which we brought about that Blessed Turn, and preserved Religion at a Time, when the Slavish Dastardly
Tories
were preparing themselves for
Smithfield
Market. If therefore we have any Regard for the Reformation, and are Real and Sincere when we Declare against
France
and
Popery
, we should join Hands in behalf of Those, who are the most Professed Enemies to
Rome
, and Hearty Friends to every thing that is called
Protestant
in
Europe
.
The Gentlemen, who are now in Power, value themselves upon nothing so much, as upon their Loyalty, and Love of Monarchy, whose Rights and Prerogatives they always talk of defending and supporting. But we are not to try Men upon their own Words. I am positive, if the Actions of the
Whigs
can make a better Proof of their Fidelity to the Crown, it will soon appear who are the best Subjects of the two. The Learned and Judicious Mr.
Ferguson
, who was always a stanch
Whig
, whilst Youth and Vigour permitted him to be useful and serviceable, in his Account of
The Qualifications of a Minister of State
, observes, that a Distrust of themselves was the great
Foible
of the Family of the
Stuarts
; but, with Submission, I think, their Distrust of the
Whigs
was a much greater
Foible
, who with all the most pathetick and solemn Promises imaginable, could never obtain a Permission to make them Great and Glorious Monarchs. K.
James
the
Second
did indeed trust them for a Time; but it was his Misfortune not to trust enough of them; and let any one shew me when any one
Tory
Corporation or County ever addressed the Throne in such high Terms, as the
Whigs
did at that Time. They ascribed to
His Majesty
, not only an absolute Dominion over the Bodies and Goods, but over the very Souls and Consciences of his Subjects. What could be more sincere, than their wishing, that
they had Windows in their Breasts, that
His Majesty
might see the Integrity of their Hearts
; and to prove that this was their old constant unalter'd Principle, the
Tories
themselves own, that if the King could have looked through those Glass Windows into their Breasts, he would have found nothing there but Old Standards and Second-hand Furniture. How loyal a Design was that in the
Whigs
, to make the Throne a
Co-ordinate Power
, and how Rudely and Unjustly has it been Misrepresented? Tho' to an Indifferent, Rational Man, nothing can seem a fairer and more ample Concession, than for the
Whigs
to allow the same Power to Crowned Heads, that ever they pretended to for themselves. Can it ever enter into the Head of any thinking Creature to imagine, that the
Whigs
should oppose the Prerogative, or any the most ample Claim to Dominion; when not so much as one of the Party can arrive at the Dignity of a
Secretary, Treasurer
, or
Lord Lieutenant
, but they presently assume and exercise all that Glorious Unbounded Authority, which the
Tories
pretend they have disclaimed? By this they cannot be supposed, since they are only Ministers still, to mean any thing else but the Support of the Royal Character, which they represent; which is certainly doing Justice to the Rights of Monarchy. But let the Bigots of the other Party go on to censure them with no more Reason; they will find by Experience, when the long-wish'd for Change comes, that the
Whigs
are no such Enemies to Soveraignty as they imagine. They have accused them of being the Authors and Abettors of a strange Medley, call'd
Mixt Monarchy
; but what did they do, when they were uppermost, to deserve this? Did they not push at a Single, Sole, and Total Supreamacy, without any Partners, any Mixture, or Coalition? The
Tories
vainly dream, that their Passive Obedience and Non-resistance is the shortest Way toward the establishing of Royal Dominion; but they are, as they used to be, extreamly mistaken. Few Monarchs will ever depend upon that Scheme: and besides, it is whisper'd, that they are not in earnest who propose it: For whatever Men resolve when they are in cool Blood, yet, as Mr.
Asgill
observes, when they are put into a
Fright
or a
Passion
, they know not what they shall do. But the surest Way to Monarchical Power, is the Republican System of the
Whigs
. A short Experiment of this sort never failed to produce as good a
May-day
Monarch as Heart could wish.
Cromwell
and
Massanello
went this way to work; they were
Whigs
in the making, and
Tories
when they were finished. If ever therefore there be occasion to restore Monarchy, the
Whigs
ought to be first restored, to pave the Way to that Design. Their Love of Regal Power is unquestioned; let them go first, and the other will soon follow in course.
If we Consider the
Honour and Dignity of Parliaments
, I hope no one will deny, but the
Whigs
have a much greater Regard to This than the
Tories
; and This is another Reason that ought to incline every True Lover of our Constitution to wish and endeavour Their Restoration. What an Ornament their Leading
Orators
and
Speakers
were to the Last Parliament, the
Tories
must remember to their Sorrow. The Figure they made, render'd Them but too Formidable, and Hazarded their being made Hereditary, even in spite of their own Principles. They fell by their own Strength, and their Glory was their Ruin. What might not be Expected from such Men, who could win over a Learned and Reverend Bench of Prelates, to the truly Noble and Christian Duty of
Self-Condemnation
; and reduce
Atheists, Deists
, and
Libertines
, at least to a serious Enquiry after the Doctrines of Christianity? How careless were the
Tories
of the Senatorial Dignity, when they permitted the Liberties of
England
and
Europe
to be disposed of by those who subsisted on the nasty Elective Breath of
Scot
and
Lot
Men, Greasy
Burgesses
, and Indigent Potwashers? How much nobler was it, to leave This Mighty Decision to an Honourable
Committee
, Independent of such Scoundrels? This was truly Great and like Patriots, for none but such Senators were fit to Chuse Themselves! How many of that Order were Quartered upon
Paymasters, Receivers
, and the
Subalterns
of the
Chequer
? How many held Commissions in
Commendam
with
Burroughs
? What vast Numbers were out upon Subsistance and at Board-wages? Whilst others Thrived upon
Lists, Bounties
, and a Competency of
Types
and
Shadows
: Whom the
Tories
, had they been in their Places, would have Deserted and Forsaken in the
Queen's Bench
and
Marshalseas
; and what was all this for, but to enable all the Members to support the Dignity of Parliaments? They were truly sensible, how Great and Inesti mable the Value of a
British
Senate was, and therefore staked the
Bank
, the
East India
Company, the
Treasury
, and in short, all that Plunder, which the Saints had laid aside for the Work of the Lord, in purchasing those Rights and Privileges, which the
Tories
thought worth no more than a Tub of Ale, and a little good Neighbourhood. It was not possible but the most useful Knowledge in Politicks, must be freely propagated in that School, where Youth were regularly trained up: And as the Order of Nature requires, were taught to
Speak
, before they could either Write or Read. To declare the Events of War, even in spite of Chance: To conceal the growing Debt, by pronouncing the Receivers to have manag'd well, which set the Bankrupcy still further off: And to publish the Royal
Banns
, tho' they knew that a strict Follower of good
Q. Bess
must certainly forbid them, were Attempts, strangely Glorious and Heroick: Such as no succeeding Senate must ever presume to exceed. This therefore must be said for the
Honour
of
Parliaments
, that tho' a
Whig
Dissolution is absolutely necessary to retrieve all, and tho' a
Whig
Parliament must meet again, yet
such
a
Whig
Parliament will scarce ever meet at
Westminster
.
Every Body knows, that we are a Nation subsisting upon Trade and Merchandize, and that the Moneyed Interest is much too heavy for the Land, in the Ballance of the Publick Accounts. I need not tell the World, how much the
Whigs
have encouraged Trade: And that till They are Restored, we must never expect to see it prosper and flourish. For did not the
Tories
clamour against the
Bank
and
East India
Company, for not transmitting those vast Sums to
Flanders
or the
Indies
, where only Foreigners would have been the better for them, which they chose rather to spend in our own Burroughs and Corporations, for the Encouragement of the
English
Manufactures? I am sorry to say, that such a Practice as this, wants no Colours in the Description, to set it off to the Life. How many Noble Branches of Commerce have been lately sunk, and totally lost? The Premiums for
Remittances
are considerably abated: The Trafficking with the Debts of the
Navy
, the vast and profitable Trade to the Straights of
Change-Alley
, the
Split-stick
Income, and prodigious Importation of
Privy Seals
, the Augmentations for
Secret Service
, the
Draw-backs
upon
Small-beer
and
Hopps
, the Noble Manufacture of the
Spanish
Wooden-Legg, the
Trade
of
War
and of
Peace
, of
Unions
and
Alliances
, the great Advantage of
Battles
and
Sieges
, are all in extreme Danger: And God only knows how soon they may be at an end. And who are the Men, whom we are to thank for all this? I need not name the
Tories
: Every one will fix it upon them: Let them take it off if they can. How did they trump up the
South Sea
Company upon us, at a Time, when our
East India
Men began to dream of making both Worlds their own: And that all those, who before the late Whimsical Election, deserved to be sent to the
Plantations
they had purchased, would once more come to be necessary at Home. Nay not content with this, did they not set up the
African
Company to be another Rival in Trade, at a Time too, when the
Bank
wanted to recover its Lustre: Whose
Elective
Monarchs had been so lately a Match for the
Hereditary
, and wanted but a few Points to get over, to be in a Capacity of bidding Money for the
Patron
of
England
, and erecting themselves into a
Bank
of St.
George
. Did they not bring in
French
Wines for Tory Healths, to the great Detriment of the
Herefordshire
Trade, whereas we managed the Correspondence to so much greater Advantage, by the way of
Holland
and
Sussex
? If this be not sufficient to prove, how much Trade has been discouraged by the
Tories
, let the many indigent Families, that pine and labour under their numerous Oppressions, witness against them; let the Sir
James's
, Sir
Gibby's
, Sir
Harry's
, with the Illustrious House of
Farnese
, rise in Judgment against them, who must now starve for want of the other odd Plumb. I know very well, what the Fable of
the Fox and the Flies
means; I wish every Body else knew it as well; certainly they would never trust the Trade of the Publick with those, who have no Stock, who are empty and craving; whereas the Fat and Well-fed should, one would think, be much fitter for the Business; but this is easily evaded: They say, that Hunger is not so insatiable as Avarice: And that what we call our Wealth, is only the
Arrears
of the Parish, in the Hands of the old
Overseers
, which they can demand at Pleasure; see the Insolence and Folly of the Men! How ridiculous is it to say, they will not trust us, when they know, we must trust them, or they can never go on with their Trade. Here indeed I must drop the Argument: For I do not wish to see the
Whigs
restored, till press'd by Necessity, and the Want of such Managers, the poor distressed
Tories
come with an awkward Face, and humbly intreat us to take the
Shop
, the Remainder of the
Goods
, the Book-
Debts
, and all the Trade into our own Hands. Again; then we shall soon see, whether the
Proprietors
of the Dunghil, or its
Offspring
, are most likely to grow fat and prosper.
There has of late been more Noise and Preaching about
the Church
, than ever was made in it, and all against the poor
Whigs
: Whereby great Numbers of the Well-meaning Layety, and even of the Clergy themselves, have been drawn into an ill Opinion of them: As if they were Enemies to the Established Religion, and intended the Hurt, if not the Ruin, of the
Church of England
; we have indeed tried her more than once, even as Silver is tried, but was not this for her Glory? Was she ever purer, or ever more flourishing, than in the Days of Primitive Christianity? And was not that an Age of Trials to the Church? I hope it can never be suppos'd, that Men of our Principles, could have a Design to advance or promote any other Religion; whilst the
Tories
by lifting the Church too high, by mounting her upon a Hill and an Eminence, have made her as a Mark and a Butt, whereby she is apparently seated in a Place of Danger, exposed to every Assault; such a Situation as this, is no better than a
Præceps immane Ruinæ
I should be glad to hear one of
that
Party tell me, whether their erecting
Fifty
Churches by Act of Parliament, or our filling them by a General
Comprehension
, be the more meritorious Work of the two; I am sure, no
Tory
can say the first is the best of the two, without preferring StoneWalls and Steeples before the Congregation, a dead Church before a living. What a ridiculous Coil have they kept about the Doctrines of
Passive Obedience
and
Non-Resistance
; could any thing be more for the Service of the Church, than giving the Clergy a Power to defend it? Is not this delivering the Sword to St.
Peter
, and raising a
Church Militia
, whereby she may be able to combat her great Enemies, the
Papists
and
Presbyterians
? Who are the Men, that do most Honour to the Church, they who represent her as a poor, disconsolate, weeping Virgin, pining and forsaken: Ridicul'd by her own Sex, and tamely ravished by ours: Or we, who dress her up as becomes a Warfaring
Amazon
, with the whole Armour of
the King of Hosts
whom she serves, able and prepared to defend her self, to make Princes
bow down to the Dust of her Feet
, to subdue
the Kingdoms of the Earth
, which have so long been promised her, to bind
their Kings in Chains, and their Nobles with Links of Iron
? When Men will wilfully shut their Eyes against their own Good, and stubbornly refuse to see, or to know their own best Friends, I can't think it possible, but they must be often in Danger, and at last inevitably ruined; what could we be supposed to mean by our hearty Endeavours, to join the Church and the Presbyterians, but to strengthen and establish their Power and Interest? The
Presbyterians
are a
Warlike
Religion, the greatest Masters of Military Discipline of any Church in Europe: Such an Allie would have been of singular Use to a declining Clergy, had they been at leisure to consult their own Happiness and Security. We own, we gave a considerable Check to
Convocations
, scarce permitted them to meet, and never suffer'd them to sit, and we glory in the Management; by this we gave the Church a Demonstration, how much we had her Safety and Honour at Heart, when we would not be Accessary to those unnatural Broils and Contentions, which so often endanger her Peace, nor put it into the Power of the Clergy to destroy one another. Can it ever be imagined, that when the first and leading Prelates of the Church were all along in the Secret with the Directors of the
Junta
, They should not make themselves Masters of all that Fineness of Politicks, that might preserve the Ecclesiastical Constitution, which we had practised with such Success for the Security of the Civil? Did we not by allowing
Occasional Conformity
, bribe over a great many of the Church's profess'd Enemies to her Communion? And how many
Butteresses
can we boast of, as useful as their Pillars? If any other Sett of Men can produce the same Evidence of their sincere Love of the Church and Clergy, we shall not then envy their being so much in Favour. In the mean time, let them pray for our Restoration, as they value the great Assertors of the Revolution, by which she was saved miraculously, and thereby reserved for greater Things, if she will be advised, and submit to her best Guides, who would enlarge her Borders, and make no Distinction between her spiritual Governours, and the Kings and mighty Men of the Earth.
When the
Whigs
fell, many of those Firm and well-contrived Underprops were taken away, which Supported and Adorned the Political Structure: and I would be glad to know, what the
Tories
have substituted in their Room, or how the Building will stand, unless the Old Master Workmen are again trusted with the Undertaking. Could any thing be of greater Use, a more Loyal and Publick-spirited Institution, than the
KitKat
? By this Society, the Standard and Measures of Wit were allowed and approved, and the whole Coinage of Libels and Lampoons ma naged to the greatest Advantage of the Publick. Hence Orders were Issued to the Authors, and Prohibitions to the Criticks; and by these Means the Throne and Ministry were not only preserved from the secret and open Attacks of Pamphlets and Satyrs, but the Reputation and Beauty of the Fair Circle were secured from the Insults and Evil Intentions of Time, Nature, or Scandal, with all their Adherents and Abettors. What was the
Junta
, but a Curb to the Growing Prerogatives of
Parliaments
, a Spur to Deliberating Generals, a Purgative to a retentive
Treasurer
, and a careful Guardian and Protector of the Crown? To see a Member of this Noble Assembly, Condescendingly step down to the
Cabinet
or
Privy Council
, must call to our Memories some of the famed Instances of Humility in the Old
Triumviri, Archons
, or
Ephori
. And if from this Pinnacle, we Descend to the
Cellar
; even there we shall find a Set of Patriots, no less careful of the Publick Welfare. Their constant Study was, to Countermine the Plots and Contrivances of their Country's Enemies; to Discover Treasons unthought of before, and to prevent even the Premeditating a Conspiracy. How slender a Defence of the Crown would the Law prove, without Witnesses? and how happy a Contrivance was it, to prepare These beforehand? Judges are Commissioned, Juries Empannelled, and why not Evidences Provided, that the Cause may be neither Baulked nor Delayed? Only They, who dare not stand this
Test
, will be against it. Let Little Officers, who will not Tell more than they Know, or Secretaries, who will presume to Know more than their Betters, tremble at this Judicatory: We need no other Proof of its being the strict Method of Justice, when Those, who will not be
Whigs
, that is, will not be Honest, are afraid of it. By these Arts, and these Associations, that Loyal Party secured the Throne, the Publick and Themselves. Can the
Tories
boast any Instances of Wisdom and Justice equal to These? I did not mention the Illustrious Assemblies of
Treason-Chamber
and
Somerset House
, where only the Names of the Members are sufficient to give a Lustre to the Society, without mentioning their Laws, Orders, or Original Foundation. Let the other Party produce Their Councils and Synods; what Underprops can They lend the Throne or the Publick? Where are Their Meetings, and whom do they consist? Will they upbraid us with
Her Grace's
Assembly, as worthy to be Compared with any of ours? Will This vie with the
Kit-Kat
? Will a little Harmless Tea so blind the Eyes of a Lover, that he shall see Bloom in a
Whig
Junquil, or curse the Union of the Lilly and the Rose in a
Tory
? Can they Boast of making an Alderman a Wit, or depriving a Revolted Poet of his
Genius
? Did they ever Tumble a
Duke
down Stairs, or make a Compleat Beauty out of a
Tallow Candle
? What Satyrs, Libels, Lampoons, have they given their
Imprimatur
to? Shew me that Crown'd Head that is the Worse, or that Rebel that is the Better for 'em. By what Authority do they meet? who is their Protector? What Gods have they Demolished, and what Demigods placed in their Room? Or will they presume to shew us their Fam'd
October Club
? A Self-created Creature, as much below a Parliament, as our
Junta
was above it. Shall a few
Whetters
be compared to Those, who drank all, and yet were not satisfied? Shall a Squadron of Knights and Squires, whom we had long since Drained, compare with Those who Glory in their Spoils? Sometimes indeed, they are Elevated into the Imitation of our Genius, and then they Deviate into
Whigs
, answer their own Questions, and put the Negative upon Themselves; but in their ordinary Capacities, they can only
Blacken
a Name, where we could
Erase
one; can only Design a Model of that
Scaffold
, which we could Finish. Such are the Supports the
Tories
lend the Government, such their Councils and Assemblies! How soon will they vanish, when our Morning comes again; when instead of their stale Accounts of the Constitution,
Protector, Junta
, and
Kit-Kat
, shall be the Great Political
Mystery
.
That which confirms me in my Belief, that the Reign of the
Tories
will be short, is, because they do all they can to Lessen the Number of their Subjects, and to look upon the
Dissenters
as scarce Naturalized. The World knows their Settled and Professed Dislike of the
Toleration
: and it should seem unnecessary to vindicate the
Whigs
upon this Article, which makes another very good Reason for their Restoration. Was it possible for us to shew the Dissenters in a better Light, or to make them appear more worthy of the Indulgence the Law has given them, than by convincing them of the Necessity they lay under, to Practise that most Charitable and most Christian Duty of
Occasional Conformity
? Could we give a better Security to their Party, than by Increasing their Numbers; an Argument, which they never failed to make the best Use of they could, and by placing
Deists, Socinians, Libertines
, and
Free-thinkers
, in the same Rank with them, and putting both under the favourable Protection of the very same
Statute
? Did we not fling them in a
Flying Squadron
of those called
Moderate Men
, who did them a World of Service, tho' their Principles and those of the Dissenters were at the utmost Opposition: For by appearing chiefly on that Side, they strengthen'd that Party, and served to amuse the Enemy? Did we not Encourage the
Reformation
Acts, whereby the Saints, whose Sins lay quite another way, sucked no small Advantage out of those Iniquities, which themselves least followed and admired? We saw and considered well, the antient Enmity between the
Presbyterians
and
Independents
: How they Reviled, Persecuted, and Clawed one another, till we timely Interposed, Reconciled both Sides, put
Independent
Congregations under
Presbyterian
Teachers, and made them one Church, and brought even Contradictions to meet for their sakes, whilst the Northern
Kirk
laughed at the Motly Monster, and we were content to bear their Reproaches. Did we not bring some of them over to the Doctrine of
Lawn Sleeves
, and how much was that for their Advantage? How much greater therefore are our Pretensions to their Favour, than those of the
Tories
? For which Reason, we call upon them to fight our Battels, and to exert themselves and the Courage of their Ancestors in our Behalf, and to bring about
another
Happy
Restoration
.
As no Set of Men do more cordially Profess to humour the People in all reasonable Requests than the
Whigs
; so they are abundantly prepared to Gratify the present Cravings and Importunity of their antient Allies, the Multitude. How many hearty Promises did the
Tories
make them, that they should have a Holyday for St.
Giles's
and
Tower-hill
, together with a sufficient Quantity of
Roast-meat
to their
October
? But these things are utterly forgotten now they are in Power, and should think of Performances. They begin to argue now, that the Guilt of a Publick Plunderer is his Best Security; that
Necnons
are a Plea sufficient to overthrow the strongest Charge; that the Condemning the Rich is without Precedent; and that the worst Malefactors are pitied at the
Gibbet
. Whereas, if the
Whigs
were once restored, they would soon find a Way to oblige them, who know so well how to punish False Brethren, and to manage a Decent Execution to advantage. Do we think, they would Permit those Criminals to escape, who built a Scaffold for their own Party; and put an End to a well-established Usurpation with a Prodigious Farce? Can we believe, that they would ever forgive those Pettycoat Party-men, who staked the Cause of the Lord and his Saints, against a Tea-table Quarrel; and put it upon the same Lay with a Dispute about Commodes and Furbeleaus? They know but little of the Temper and Wisdom of the
Whigs
, who think they will not be ready at any time to deliver up to the Paws of the most Lyon-like
Tories
, All Those, who falsly assumed that Venerable Name, and debased their Party under the Impudent Pretence of Modern Improvements: and basely went off from the Good Old Cause, and the Gallant Principles of the
Ludlows
, the
St. Johns
, the
Hambdens
, the
Sidneys
, and
Harringtons
; Men that were Born in worse Times, and yet behaved Themselves much Better. Can we see the Union turned against us, and Those who used to be First in the Cause, now servilely Truckling to the
Tories
, and taking their Pay instead of their Plunder, and not sufficiently resent the Folly, and as heartily prosecute their Treachery, who would not draw the Union closer, and with a handsome Equivalent make our Brethren
Whigs
as well as
Britons
? Now at length our Eyes are open; and we may discern of what Species our famed Converts are; we may easily see the old Leven of the
Tories
still prevails in them, and that they took Refuge with us, only because they were rejected at St.
Germains
: If therefore our honest Friends in
Holborn
and
Moorfields
, have a Mind to a
Procession
; let them Restore the
Whigs
, and I'll engage, they shall have it at the Expence of our own Party.
How can we ever expect to see
Moderation
, the most lovely of all Christian Vertues, flourish again, unless the
Whigs
are Restored? The
Tories
do not so much as name This Vertue amongst Their Party, but with Abhorrence; and how did they oppose and revile us, whenever they found us inclined to practise it? When out of a vast Number of
Papists
and
Jacobites
, we singled out but one to make an Example,
Ex post facto
, How was our Moderation misrepresented? When we aimed at an utter Expulsion, and declared openly for Root and Branch: Being resolved not to leave so much as one
Tory
either in the
Executive
or
Legislative
Branch, with what Invectives did That Rampant Party open against our Clemency? And yet how Great was our Mercy, who were only contented not to Prefer, instead of Punishing as we ought, the profest Enemies of the Publick? When we Tolerated every thing but One or Two Articles of the Church, Justice it self could not preserve our candid Proceedings from being Reflected on. Others might punish every thing, and remit nothing, and yet claim the Character of Upright Patriots: We granted a General Indulgence, and only put a Restraint upon two or three Crimes, and yet are call'd Bigotted and Intemperate. What Tryal, what Debate, what Publick Cause, was there, in which we had not a very tender Regard for our own and the Nation's Friends? With what Face then can they complain of our Want of
Moderation
? Is it usual for Men to talk perpetually of Moderation, and to sound scarce any thing else from the
Senate
, the
Bench
, the
Bar
, the
Press
, and the
Pulpit
; if they never intended to practise any such Duty? Can we be thought so mad as to accuse the
Tories
, when they presume to inquire into any Backslidings of the Faithful, of the Want of
Moderation
, if we did not believe there was such a Vertue? Take a
View
of us in the Proceedings and Conduct of our
Viceroys
, our
Secretaries
, our
Judges
, our
Bishops
, and all our
Subalterns
, and then accuse us of failing in this Duty if you can? In short, give us the Power again, if you would try our Temper: For so fond were we of
Moderation
, that we had a Spice of it even in our Manners, our Sense, our Good-nature, our Honesty, our Religion.
Let the
Union
, which wants so much to be Establish'd and Fortified, be another Reason for Restoring the
Whigs
; who first contriv'd it, happily accomplish'd it, and seem to have a Title to take Care of it, as a Child of their own. Is it reasonable, that the
Tories
should step in, and reap the Fruits of our Labours? That they should run away with the
Glory
of a
Treaty
, and leave us the Shame of a
Confederacy
? Must we lose a convenient Place to land our
New
Revolu tions in? Did we for this send for them of the
North
to be
Catechiz'd
under our
Secretaries
, that they should revolt, and go to the
Episcopalians
for
Confirmation
. I appeal to that truly Learned and Honest Statesman, Mr.
Daniel de Foe
, who has so bravely attempted to free that Nation from the last Resort to
England
, and so boldly advanc'd our
English
Lords to a Degree of Honour, surpassing
Turks, Indians
, and other inferiour Trucebreakers; nay, has compar'd them even to the King of
S
, Whether now the Honey-Moon is over, and the Jointure and separate Maintenance settled,
the Bride
, as he well expresses it,
be not as willing as We to part
? Does he not assure us,
That We united with them as Presbyterians
? And are not Presbyterians
Whigs
? Now if they turn
Tories
, how can the Treaty be observ'd, unless We are again Restor'd, and Put into a Power and Capacity of Keeping Them
Right
?
But there is another prevailing Argument, that ought to plead for Us: I mean, the due Application of that Noble Invention, call'd a
Sponge
. Let the
Tories
deny if they dare, that the
Whigs
were the Authors of this curious Device, and in how critical a Juncture was it found out? Just as the growing Debt of the Nation was Rising to so prodigious a Sum, as must make that Admirable Rarity of immediate Use and absolute Necessity. Whereas under the Dilatory Conduct of the
Tories
, the long Entail of Debts under which the Nation groans, is in a fair Way to be secur'd: Our Merchants who have studied the Wars so long, are now like to be paid the dull old Way of
Interest
and
Principle
, without any Prospect of shorter Methods: Not the least Hopes of Plunder are left them: Nor so much as the airy Appear ance of a
New
Revolution, tho' they have been Wrangling and Quarrelling for it ever since the old one.
If we are not to be restor'd to all our Power, yet trust us only with the
White Staff
, with the
Magician's Rod
; for what
Tory
of the Pack,
Red hot
or
Moderate
, will ever handle it to so good an Advantage, or do so many Romantick Feats with it as when it was in our Hands? It fortified those who were within the Circle, and made those without dance after us to no Purpose. Was there ever a nobler Piece of Enchantment acted in the
Hay-market
? Did we not raise Castles, build Fleets, kill Giants, destroy Monsters, erect Palaces, mount Witches upon Broomstaves, and employ Devils without Number? And was it not reasonable we should be paid for a
Raree Show
, so wonderful and surprizing? Let others raise Millions to end the War, we did it to carry the War on. It is true, the Present Sett of Men write a good Hand, understand Accounts, and can form a Ballance or
Sum Total
to Admiration: Give us the Power then; make us the
Squires
, and let them be our
Stewards
and
Baileys
. I am sure, if we are not soon reinstated in the
Treasury
and
Exchequer
, the
Tories
will begin a most terrible and bloody Persecution; and no less than the total Overthrow and Massacre of the
Whigs
will satisfy them: for what a Temptation will it be to that honest Party to desert, when it is no longer for their Interest to be
Whigs
? Tho' they cannot be Trusted, yet they will Trust, which is bad; where
Seven
or
Eight per Cent.
is the Reward of their
Faith
, the
Tories
are sure to cut them off at a Blow;
For where their Treasure is there will their Heart be also
.
Have we any Regard to sweet
English
Freedom? any Detestation of Chains and Slavery? Let the
Whigs
be Restor'd; the great Patrons and Supporters of Liberties. Whilst they Reign'd was there any Complaining of Oppression? any extraordinary Business at the
Old Baily
, the
Secretary's
Office, or before the
Attorney General
, or
Serjeant at Arms
? Were there any accumulative
High Crimes
, any
constructive Treasons
, or any
Scandal
by
Interpretation
? Was there any Dread upon the Subject from Committees of
Affections
, or of
Examinations
? Did not the
Press
, and the
Bar
, and all Sorts of
Pulpits
, run Riot as they pleas'd? The
Church
, the
Throne
, the
Mitre
, together with the
dead
Letter of the
Law
and the
Gospel
were not exempted: All the Restraint was, that no one should teach Fundamentals, or should libel the Saints and the Elect, and was not this just and reasonable? But to what Extravagances of Tyranny are the
Tories
now hurrying? If we
Whigs
do but sin over our old Precedents, and claim the Rights and Liberties, which, because they were our own, we very equitably denied to others; presently they step in, and plead those very Laws, and would inflict those very Penalties, which we made and settled, as if they, forsooth, the sworn Enemies of the Government, were upon a Level with its best Friends and Supporters? Nay, are they not making what Haste they can to Remove those Incumbrances which lay hard upon the Crown, which we plac'd there, on Purpose to embarrass the Prerogative, and make the Assertors of Liberty necessary, and fit to have all the Power? These the
Tories
are now throwing off, and ungratefully attempt to load them on our Shoulders, who despise their Malice, and at the same time laugh to see their Folly, in admiring and contemplating the happy Union between Majesty, Goodness, Piety, Compassion, and Tenderness, whilst they want the Sense to improve a
Royal Foible
: and know not the right Use they ought to make of those convenient Vertues, tho' they have our Instructions ringing in their Ears, and our Examples fresh in their Memories.
Let any of the Hack-Writers among the
Tories
tell me, whether they ought not to be restored to Power, who best know how to keep and defend it? How can they expect to stand long, who are so easily blown down with every Puff of Wind? Whereas we, who make Storms, can abide them. A civil Message, a Frow, a short Billet, or even the Blasting of the Breath of the Royal Nostrils, could send the poor heartless
Tories
packing; and deprive them of all; whereas we stood out manfully, bullied the State, defied, swagger'd, talk'd of our
Generals
, our
Admirals
, our Rights, our Riches: Appealed to the Army, cried out for Help to
Holland
, bid the
Bank
stand by us, and like brave Champions, neglected nothing that was for our Honour and Safety; and here I must beg leave to make use of the Prince of
Conde's
Words upon another Occasion,
How well do such Men deserve Power, who could so bravely defend it
! What have we done, that we did not and do not still justify? Have they convinced us of any one Fault? They must be shallow Politicians indeed, who can believe, that since we were turned out with so much Difficulty, we shall not find it easy to come in again.
There is an Argument, upon which the
Roman Catholicks
value themselves more than upon any other; they say, that
Protestants
allow Salvation in their Communion, tho' the
Papists
deny Salvation in a
Protestant
Communion; when it is much the safest way to be a
Papist
: Because both Sides agree, that he may be saved: Whereas the
Protestant
has only the Word of his own Party for his Security: And this Argument gives the
Catholicks
much the best of the Lay. Now tho' the
Whigs
have all the Aversion in the World to
Popery
; yet they never thought it a good way to take Advice of an Enemy, and to learn his Ways; Reason is to be heard from whatever Quarter it comes: And therefore with a great deal of Justice, they have palmed the very same Argument upon the
Tories
; we deny them the very Power and Possibility of being honest Men or good Subjects: And we have good Grounds for this, how otherwise would such a Practice consist with the great Duty of
Moderation
, which every Body knows we profess. And according to this Perswasion, when we were in Power, we would not leave so much as one of them in the Ministry. But on the other Hand, the
Tories
, tho' they clamour at the very Word Moderation, do not deny us the Possibility of being good Subjects: For when they are in, they admit great Numbers out of our Party, to be Partners of their Power; trust, caress, and believe us, let us into the Secret, and divide the Profits with us; when a Man therefore turns
Tory
, he runs much the greatest Hazard of Exclusion:
But all is Rugg
, as the Gamesters say, with the
Whigs
; and this is another never failing Reason, why the
Whigs
will, and shall, and must prevail.
Great has been the Triumph of the Rampant Party, upon the going off of the Mob from their antient Allies; and after they were raised by us, declaring for the Enemy. It was pleasant, to see us raking in the old
Tory
Pamphlets, for Railery against Tumults and Rabling: tho' upon the first Importation of a few Colours from
Flanders
, and the Assurances given us by
Irish Tom
, who had fixt the Time to
May-Day
, we firmly believ'd, we should have them again on our Side: and then those Reasons and Raileries would revert to their first Owners. However a Reason is good, if it serves the Turn but for ten Days; and tho' by our
Moderation
, we suffer'd the Parsons to pass among their Neighbours for ordinary Monsters, and little Devils only of about two Years old, so that the Rabble began to think 'em very good Play-Fellows; and tho' we made such a Noise and Ostentation of our Wealth, that our loving Subjects began to think of claiming their Part in the Plunder: Yet now these things are all over, we have stood the Shock much better than the
Tories
used to do, when they were attack'd by the very same Weapons; and there is all the Reason to believe, that the
Tories
will soon take their Turn; for that Poverty we have brought and entailed upon the People, will soon make them mutiny against their present Directors, tho' they are not in Fault, before they can retrieve our Mismanagement. The
Octobrians
, as the hot Weather comes on, will perhaps begin some Gambol or other, dress a Scare-Crow for us, or it may be, give us some very great Rogue or Raparee in Distress, as bad as our selves, that we may have Pitty upon him. When other People get to be as rich as we are, there will be many Mouths watering at them too: Especially, if they have the same Occasion that we had, to proclaim our Wealth, and let the World know where our Mines lay. Whatever happens, the Mob must be with us, and bring us in again like a mighty Torrent; for it is not to be expected, they should part with their old Friends for a hasty Word, or for one rash and inconsiderate Action.
We have been told indeed, that our
Political Lies
and
Pious Frauds
were ill Contrived, and worse Managed; and that at present we are utterly exhausted. The Ingratitude of the
Tories
is indeed in this Case never to be Palliated or Allowed for; when they gave out, that we were Enemies to the Church, that we were Fierce, Immoderate, Implacable in our Tempers, that our Avarice was Insatiable, and we should Spoil, Plunder, and Devour all that came in our Way, and that we were Enemies to the Prerogative, and Hereditary Insulters of Monarchy: We did them the Favour to make their Words good in every Particular, so soon as ever it came to the Tryal; but when we represented them as
Papists, French-men, Jacobites, Tyrants, Perkinites
, and
Blood-suckers
; they gave the Lie to every Name, so soon as ever it was in their Power; pursued the War with
France
, were hearty for the
Succession
, secured the Publick Debts, declared for the Indulgence to Dissenters, and even let Us go unpunished. But what then? Tho' this
Bite
failed, have we not another? Are we so exhausted? Did we not presently give out, that they never intended all this, but comply'd with it, because they found it necessary at present: Tho' we knew there was no Proof but our Scandal, that ever they intended otherwise? Did we not assure the World, that some of their Leaders were
Whigs
in Masquerade, tho' we know, that They know that we would have Hanged them as the worst of
Tories
, who never herded with us, but to Betray and Undermine us, and that we shall never forgive them the Late Turn? And did we not presently trump up a Distinction of
Old
and
New Whigs
, and give out that the
New Whigs
, most of which were of the Late Ministry, were False Brethren, and as such ought to be divested; and that most of the New Ministry are
Old Whigs
, and ought to be joined to the
Old Whigs
of the Late Ministry, so that it may be a
Whig
Ministry still? Have we not perswaded the Town, that the
October
Men, and their Adherents, are Mortal Enemies to the Present Ministry, tho' we know the secret Correspondence between them, and that their Demands are Concerted; and then, because of their Numbers, made the Pretence to Ruin us, as if the Ministry could not help it? And after all these pretty Inventions, are we Exhausted? are we Drained? Has not the Town bob'd at these Baits, swallowed the Gudgeon, and listened to our Pamphleteers? and may we not reasonably hope to be restored, since we Practice our Old Arts with such Success, and our Good
Genius
has not forsaken us?
I could mention several other Reasons, that may induce us to Believe, we shall soon have another Turn in our Favour; such as the Great Power of Money, which is so much the Property of our Party, and which may be turned to a very good account, e'er it is accounted for, and the exorbitant Surplusage Refunded. Besides this, the great Increase of our
Necessary Women
, who are so apt to do good to the Distressed; as also the Method of the
Tories
, who take all Advantages of the Divisions between the
Old
and
New Whigs
, the Subscribers and Those who stand out, as we did of their Divisions: Who erect Clubs to promote their Interest by a Pretended Opposition; and in short, give into a great many of our Measures, which may at last lead them into those that Ruined Us. But I wave these Considerations: Those I have already mentioned, are sufficient for the Consolation of our Friends, and the Terror of our Enemies.
More might be said, if the Times would bear it; and less could not have been said, without wronging a Good Cause, which God, in his own Good Season, will take Care of. I hope it will one time or other be Remembered to my Advantage, That I have Dared to be Honest in a Villanous Age, and to appear boldly in the Face of the World, an Advocate and Defender of the Injured and Oppressed, who yet have Deserved other Usage from their Country. Others could write of
Publicola, Aristides, Atticus
, and
Epaminondas
, when they Flourished and were at the Head of Affairs: My Task has been to acknowledge and proclaim their Merit, and with it the Ingratitude of their Country, now they are Distressed and Forsaken. Every body sees to what a Monstrous Pitch, the known Insolence of the
Tories
is already Risen; for which Reason, it would have been inexcusable Hardiness in me to Publish my Name to the World, and thereby Expose my self to their Fury. I reserve my self for a Better Fate; tho' in Handling the Subject, I have not Spared Them: and if they should Discover me, am Prepared for the Worst that their Fury and Mad Zeal can Invent.
I expect a great many
Answers
to what I have written, and that I shall be attack'd with all the Ill-manners,
Billinsgate
, and Railery, which are so natural to the
Tories
: But I hope my
Readers
will provide against it, as well as I do, and will learn to Despise Ill-Language, and listen only to strict Fact and sound Reason. For my own Part, my Conscience is my Support; I have the
Æs Triplex
about me, with which the
Whigs
have so long stood the Shock of all their Enemies. I am conscious I have done my Duty, and leave the rest to Providence. I am sure, this is not a Time for the
Whigs
to sit still, and hold their Tongues, under the Discipline of their TaskMasters. I have broken the Ice, and expect that all Lovers of Truth and Friends to the Constitution should stand by, and assist me. Let the
Examiner
and his Brother
Abel
begin the Fray if they please; if they will keep close to the Subject, and argue upon the Principles of Reason and Justice, I shall attend to and answer them; but if they stick to their usual Talents of railing and calling Names, as I shrewdly suspect they will: I shall no more mind such Barkings, than if I were actually placed in the Sphere of the
Moon
, quite out of hearing the Clamour they make.
When I first undertook this Subject, I gave the Rough Draught of it to a very Eminent
Tory
, to peruse; agreeable to the Humour of his Party, he was in a great Heat, railed incessantly, and threatned me with an
Answer
. If he holds in that Mind, upon the first Appearance of his Pretended Confutation, I shall be ready with a
Reply
; of which timely Notice shall be given in the
Review
or
Observator
.
FINIS.
REASONS Most humbly offer'd to the Honble
House of
Commons
, WHY The
Bill
sent down to them From the Most Honble House of LORDS, ENTITUL'D,
An Act for the better Securing the Dependency of the Kingdom of
Ireland
upon the Crown of
Great-Britain, Shou'd not
Pass into a LAW
.
O bona Libertas, pretio pretiofior omni!
O summum primumque decus! qua prorsus ademtâ,
Nil gratum, nil dulce viris, & vivere Mors est.
LONDON
: Printed for R.
Franklin
, at the
Sun
in
Fleetstreet
. MDCCXX.
REASONS
Most humbly offer'd to the Honorable House of
Commons
,
&c.
ONE of the greatest felicities of a free country, is, that the Laws are a common measure and standard of all men's actions, binding as well the Governors as the Governed, in their respective capacities; while in countries, groaning under arbitrary power, the rule of men's actions is unconstant, and therfore properly unknown: the Prince abolishing to day what was establish'd yesterday, and no body being sure what will or will not be decreed to-morrow; whence all security for Property is render'd precarious, and other infinite disorders unavoidably ensue. But as every thing is in perpetual motion, and that many things, which at certain times were not only desireable but even necessary, do, at other times, by a change of circumstances, become burthensom and very often intolerable; so the Legislative Power can apply a seasonable remedy, by explaining, amending, or repealing such Laws as are found to be either defective, or contrary to the good of the Community. In making of Laws, among all the Free Governments of
Europe
, the deliberations in our own are the most equitable and mature. There is nothing precipitant or clandestin; all things, on the contrary, are public and solemn: for by the usual forms of reading and passing
Bills
in both Houses, before they are offer'd to the Royal Assent for being enacted into
Laws
, there is due time given for thorowly considering the nature of the things propos'd; and for one House to correct the mistakes, or to supply the omissions of the other; as there is room for the King to stop and better advise; upon what may have unwarily or thro heat escap'd them both. On such occasions every man may be freely heard for or against the Law under debate, as it is every man's duty to assist his country no less by his advice, than by his arm or his purse. He may represent what he apprehends to be a Grievance, without fearing to be counted factious; and may expect redress, without being thought to claim more than his due.
THIS, I say, is none of the least benefits, which every Subject of the
British
Empire enjoys as his Inheritance; and by virtue of this Birthright (which makes it no less than my duty) I take the liberty, with all deference to your Judgments, to lay before your Honors some few of those Reasons I have to offer, why the
Bill
sent down to you from the House of Lords, Entitul'd,
An act for the better securing the Dependency of the Kingdom of
Ireland,
upon the Crown of
Great-Britain, shou'd not pass into a Law. Tis impossible for any man to entertain a more glorious Idea of our unvaluable Constitution, than I have ever done; and shou'd be very sorry in particular, that any one cou'd exceed my veneration for the
Peerage
, which is a most essential part of the same. But the
Lords
are
Men
no less than the
Commons
, and even
Kings
themselves, tho God's Vicegerents, are subject to human errors and frailties: which makes it necessary that the several
Estates
shou'd be mutual checks on each other, as it has very frequently happen'd; to the immense benefit, if not somtimes the preservation of the whole frame. Nay, when any of our
Kings
invaded Law or Liberty, there wanted not private Per sons (besides the interposition of the two Houses of Parliament) who gave loud warning of the danger; and were by all good men applauded, for postponing their own safety to that of their Country.
I SHALL be careful not to take up too much of your time, with mustering all the Observations that may be justly made upon the
Bill
you have before you: but of the few Objections I intend to make, the first that naturally offers it self, is taken from the
Preamble
, which asserts,
That attempts have been lately made to shake off the subjection of
Ireland
unto, and dependance upon, the Imperial Crown of this Realm, which will be of dangerous consequence to
Great Britain
and
Ireland
.
Now this is a suggestion of such a Nature (but why do I call it a suggestion, when it sounds like a peremptory accusation?) that a whole Kingdom, without any the least exception, being involv'd in it; one wou'd reasonably expect, flagrant proofs of such Attempts shou'd be alledg'd, as the most proper Considerations for your passing the
Bill
. But no color of such a proof has been offer'd, nor indeed possibly can be. The Protestant inhabitants of
Ireland
abhorr from their hearts the thoughts of such Attempts. They count it their chief happiness, to be
inseparably united and annex'd to the Crown of
England, now of
Great Britain
. They readily acknowlege, that all the rightful and lawful Kings of
Great-Britain
become
ipso facto
Kings of
Ireland
28
Hen.
8.
cap.
2.
: tho to take away ambiguity of Titles,
contrary to the right legality of the succession and posterity of the lawful Kings and Emperors of the said Realm of
England,
as this Land of
Ireland (to use their own words) they do from time to time make
Acts of Recognition
; as in the case of King
Henry
VIII, Queen
Elizabeth
, King
James
I, King
Charles
II, King
William
and Queen
Mary
, and his present Majesty. The Protestants have on all occasions no less vigilantly asserted than valiantly maintain'd the rights of the Crown of
England
; and very lately have been as forward as successful in suppressing Rebellions against his present Majesty, both in
England
and
Scotland
: while they kept all things quiet at home, not one Protestant refusing allegiance to King
George
, much less questioning the right of the Kings of
Great-Britain
to be Kings of
Ireland
. All sorts of Protestants were so much of one mind in this particular, that the Troops having been drawn out of the nation, the
Dissenters
, notwithstanding their legal incapacity, took arms at their own charge for the common interest; to the great joy of all good
Churchmen
, tho they stand in need of a pardon to this hour, for so seasonably obeying the call of the soverein Law,
Salus Populi
.
33
Hen.
8.
cap.
1.
The
knitting
of
Ireland
to the Crown of
England
(which they hope will prove an indissoluble knot) was their own act and deed in King
Henry
VIII's time; as by the
Act that the King and his Successors be Kings of
Ireland, plainly appears, wherin it is made High Treason by word or deed to affirm the contrary: not to speak of many provisions made by their ancestors to the same purpose, when our Kings us'd the stile of
Lords of
Ireland. The suggestion therfore in the
Bill
now before your honors, that attempts have been lately made to shake off the dependance of
Ireland
upon the Crown of
Great Britain
, the Protestants of
Ireland
conceive to be most
injurious
, as they know it to be altogether ungrounded; and cannot persuade themselves that you'll pass any
Bill
, which without, nay against all proof, lays them under so unjust and so heinous an imputation.
THE next thing, wherof his Majesties faithful subjects of
Ireland
think they have reason to complain is, that the said
Bill
suggests the Lords of
Ireland
, in order to shake off the dependance of that Kingdom upon the Crown of
Great Britain,
have of late against Law assum'd to themselves a Power and Jurisdiction to examine, correct, and amend the Judgments and Decrees of the Courts of Justice in the Kingdom of
Ireland.
It seems very strange that the Law or Laws are not recited, or at least that they are not referr'd to, against which the Lords of
Ireland
have assum'd a Judicial power. This is no more done, than the Attempts specify'd, whereby the
Irish
wou'd shake off their dependance upon the Crown of
Great-Britain
; and I am convinc'd that no Law can be produc'd to this purpose, which will not equally affect the Judicature of other Lords. But be the Judicature of the Peers in it self lawful or unlawful (which is a point wherein I shall not presume to deliver any opinion of my own ) tis nevertheless a thing certain and undeniable, that it is not only of late, as the
Bill
suggests, that the Lords of
Ireland
have exercised a Judicial power, but from the very first establishment of
Parliaments
there. Notwithstanding the destruction brought upon the Records of the Kingdom by frequent Warrs, yet it evidently appears by such as are left, and particularly by the
Rolls of Parliament
, that abundance of causes have been judicially determin'd by Parliament, especially from the Chancery side of the Exchequer. So that supposing you did admit a Judicial power in the Lords here (for making which supposition I shall presently bring my reasons) you shou'd not in common justice con clude any thing to the disadvantage of the Lords of
Ireland
, till the collection that is making of those Causes be sent over hither; which can't well be done till the Parliament sits there, and the
Irish
Lords appoint Commissioners to manage this affair. If what I affirm'd be on the one hand, matter of fact, as unquestionably it is; and that, on the other hand, such a power has never been question'd during so many reigns: it is certainly more than a presumtion in favor of the
Irish
Lords, nay, it is in my opinion a very strong argument; wheras there is no instance of an
Appeal
from the Chancery of
Ireland
to the Lords here, before the Year 1670, when there was no Parliament sitting in
Ireland
, and therefore no opposition cou'd be made to this innovation.
LOWER in the said
Bill
the Lords of
Great-Britain
desire it to be
enacted and declar'd, that the House of Lords of
Ireland
have not, nor of right ought to have any Jurisdiction to judge of, affirm, or reverse any Judgment, Sentence, or Decree, given or made in any Court within the said Kingdom: and that all Proceedings before the said House of Lords, upon any such Judgment, Sentence, or Decree, are, and are hereby declar'd to be utterly null and void, to all intents and purposes whatsoever.
To this
Clause
alone I shall in a manner confine my self in this humble address, as being a thing I can never be brought to believe that any one of your number will approve, much less that you will give it the sanction of your honorable House: for as to other matters contain'd in this
Bill
, particularly
the binding of
Ireland
by Laws made in
Great-Britain
, they are
Arcana Imperii
, which I am strongly of opinion ought still to continue so, and not be made the subject of public debates or writings. I shall only remark, that the truest sign of the love of Liberty in ourselves, is our loving it in others, and grudging it to none: much less to envy such a blessing to our fellow-citizens or fellow-subjects, to our own flesh and blood. The first objection which I offer against the said
Clause
, is the Retrospect it has; wherby all the
Decrees
past by the Lords of
Ireland
, during several Centuries, are, without any saving or exception, declar'd to be null and void. Innumerable wou'd be the dismal consequences, shou'd this pass into a Law. Most of the estates and purchases in the Kingdom, in the common opinion wou'd be unsettl'd at one stroke; and a world of families wou'd apprehend themselves to be utterly ruin'd, notwithstanding it be receiv'd for Law, that threescore year's possession makes a good Title. Who knows how soon it may be disputed, whether this time be equivalent to
time immemorial
? The strange face that this Retrospect carries with it is so manifest at first sight; that to men of your known equity, no words are necessary to move your compassion. Nor is it a consideration less moving against this
Clause
, without needing the help of any art, that whereas the People of
Ireland
were wont to have justice near at hand and even at their own doors, they must hereafter (if such a Law shou'd pass) be forc'd, to their unspeakable loss of time and expence, besides the danger of the Seas, to come over hither, whenever they conceive themselves aggriev'd by the Chancery there. This wou'd soon impoverish the richer part of that Nation, while the poorer sort must be totally depriv'd of Justice, as not being able to come and sue for it in
England
. The pravity of human nature consider'd,
Ireland
wou'd thus become, and partly by your means (shou'd you pass this
Bill
) the most deplorable scene of wrongs in the Universe; as indeed it wou'd be the fate of any other country under the like circumstances, where the stronger under color of Law might oppress the weaker: and we know tis a receiv'd maxim in Politics, that
no Tyranny is more grievous than a Legal Tyranny
.
ANOTHER objection against the
Clause
, not less important than those I have mention'd, is, that the Lords will thus come to have the disposal of all the Property in
Ireland
, and the King's Prerogative be taken from him of having a Judicial power in that Kingdom, which all former Kings have hitherto enjoy'd. This looks to be no very obliging way of distinguishing King
George
: and, in effect, shou'd this
Clause
pass into a Law, the King wou'd soon find, that the Lords had drawn
Ireland
from him to themselves (tho they shou'd intend no such thing) by the court which wou'd be then made to them that had the power; and not to him, who cou'd no longer be able to protect his Subjects. This alone appears to me a matter of so great weight, that I cannot suppose the King will ever give his assent to such a Law; or that any Minister will hazard advising him to do so, shou'd even the
Bill
pass your House: which (all things consider'd) tis no way probable it shou'd, or at this present time or ever herafter. For either there is some Law extant for what the Lords suggest, or there is none. If any such there be (which I wonder is not nam'd by some of the learned in the Laws in that most honourable assembly) then the making of any new Law seems wholly needless: and if there be none, as people must reasonably imagine till they see the contrary, I doubt not but you'll take sufficient time before you make a new one. And truly many will be apt to suspect, that the Law at present propos'd, is not superfluously doing what is already done; but doing indirectly, what has never yet been done: namely, getting a Law enacted, tho tis not so exprest, to draw
Appeals
from
Ireland
to themselves; and so hooking in the Commons by specious pretences to grant 'em that, which all your predecessors have constantly deny'd.
THIS leads me of course to put your Honors in mind, that your House is almost as much affected by this
Clause
as the People of
Ireland
: for tho the Lords do not, as I just now said, declare in express terms that
Appeals
shall be brought to them from
Ireland
; yet considering that, since the year 1670, they have receiv'd several such
Appeals
, and that if there be no final Judicatory in
Ireland
, there must be one somwhere: considering all this, I repeat it, they do effectually bring those
Appeals
before themselves by a side-wind; for where can we think they'll own the
dernier ressort
to be, but in themselves? Farr be it from me to deny, that the Lords have not a right to that Judicial power, which they do actually exercise. This is not a matter for private persons to determine. But I know historically, and your own
Journals
(which are public Records) do prove beyond dispute, that the Commons your Predecessors, to whose right you succeed, have more than once actually deny'd, but never once allow'd this power. In
May
1675, the House of Commons
resolv'd that there lay no Appeal to the Judicature of the Lords from Courts of Equity; and that no Member of the House should prosecute any Appeal, from any Courts of Equity, before the House of Lords.
In consequence of this vote Serjeant
Pemberton
, Serjeant
Peck
, Sir
John Churchill
, and
Charles Porter
Esq; were committed to the custody of the Serjeant at arms for a breach of privilege, in having been of Council at the Barr of the House of Lords, in the prosecution of a Cause depending upon an
Appeal
. To come nearer our own time, at several conferences with the Lords, in
March
1704, the Committee appointed by the House of Commons, following their Instructions, call'd the Judicial power of the Lords
an unwarrantable Judicature, an Encroachment lately assum'd, unaccountable in its foundation, inconsistent with the Constitution, an Usurpation, a bottomless and insatiable Gulf, which wou'd swallow up both the Prerogatives of the Crown, and the Rights and Liberties of the People.
These, and many more such expressions, may be read in the Quotations, annext by way of
Appendix
, out of
The proceedings in relation to the Aylesbury-men committed by the House of Commons,
and
the Report of the Lord's Journal
, &c. printed by authority of the House, in the said year, 1704.
GOD forbid, as I said before, that I shou'd ever question the Judicature of their Lordships; which, in one of those Conferences, they affirm is
too sacred a thing to be touch'd
:
Pag.
48.
but if things have not since chang'd their Nature, and that you succeed to the Maxims of your predecessors, as their
Committee
then said, that
the Designs, as well as Honors of the Lords,
may
be hereditary
;
Pag.
48.
you will not I conceive pass the
Clause
in question, which brings that about indirectly (as above hinted) which the Commons have directly deny'd. But if
Appeals
are after all to be brought from
Ireland
, a thing however I hardly imagine you'll consent to be past into a Law: If such a thing for supposition sake, shou'd possibly happen; then tis not to be doubted, but you'll be for having those
Appeals
and
Writs of Error
determin'd by a Committee of Lords and Commons, which was the antient primitive way, and is prescrib'd in the
Modus tenendi Parliamentum
. This among other things, is explain'd with no less perspicuity than brevity in a
Letter from a Member of the
House of Commons
in
Ireland
, to a Gentleman of the long Robe in
England
, lately publish'd. To what the author has excellently said, I add after good vouchers, that the very form of
Writs of Error
in Parliament is alter'd in a most material point, by whose consent or contrivance I am perfectly ignorant. It is still returnable into Parliament generally, and the Judgment is enter'd
per Cur' Parlimenti
. But where the antient form, which appears in
Rastall's
Entries
, folio 302, was
Ut de concilio & advisamento Dominorum spiritualium & temporalium, ac Communitatum, in Parliamento nostro existentium, ulteriùs pro errore corrigendo fieri faciamus quod de jure
, &c; of late, as appears by a
Writ of Error
, printed in the Lord chiefJustice
Saunder's
second Report
, folio 228 (and agreeable to that are all the modern ones) the word
Communitatum
is left out. If the contest be therfore about power, there is no reason you shou'd not have your share of it.
AND most certainly, whether the Lords intend such a thing or not, it will by multitudes be vehemently suspected, that it is merely out of a view to enlarge their own power, and not in reality to secure the De pendency of
Ireland
upon the Crown of
Great-Britain
, that they have brought in such a
Bill
, as they have now sent down to you; since the wit of man cannot better secure that dependence, than it is done already by
Poyning's
Act
, and such others as explain or confirm it.
10
Hen.
7.
cap.
4. 28
Hen.
8.
cap.
20. 3 & 4.
Mar. cap.
4. 11
Eliz. Sess.
3.
cap.
8 &c.
Therby it is provided, that all
Acts of Parliament
, with their causes, considerations, and articles, shall be transmitted into
England
, in order to be perus'd by the King and his Council; and if found good and expedient, to be approv'd and sent back, with his Majesty's Licence under the Great Seal of
England
, now of
Great Britain
, for passing the same: or if not approv'd by the King and Council, to be by them in that case alter'd, or chang'd, in whole or in part, or be quite rejected; and when any
Acts
are finally approv'd and sent back to
Ireland
, then to be past in the Parliament there without the least variation, even to a syllable, or else to be wholly refus'd. What can more effectually secure the dependency of
Ireland
on the Crown of
Great-Britain
? Who goes about to change or lessen this security? And is not the tendency of the
Bill
before you, to take off this dependency on the Crown, and to place it on the House of Lords? I don't assert that the Lords mean this; for all consequences, tho ever so justly deduc'd, are not to be charg'd as originally intended: Yet
since their Designs, as well as their Honors may be hereditary
, People will be apt to surmise the worst.
ubi supra
Nay, they'll be more jealous than ever, after the late repeated attempt of the
Peerage Bill
, which so justly alarm'd the whole nation; tho all has not been said against it, that may be urg'd, if it should ever appear again on the stage.
BUT, with perfect submission to your Honors, I apprehend another consequence, very dangerous indeed both to the King and his Government, from the passing of such a
Bill
. The hardships I have enumerated, and God knows how many more necessarily resulting from it, cannot but bear extremely hard on the Protestants of
Ireland
, who (their enemies themselves being Judges) have deserv'd much better usage. Besides their inviolable attachment to the Crown of
Great Britain
, which is a stronger hold than twice the number of any Army that ever was there; they have in a most distinguishing manner signaliz'd their zeal for the present
Royal Family
, and in favor of all the Laws made to secure their
Succession
. No body of Protestants (without envy be it spoken) have been more unanimous in this respect. They were the first that set a Price on the
Pretender's
head, and this under the most perillous circumstances to themselves, but giving in the mean time a gallant example to others. Surely this was not done, to shake off the dependency of
Ireland
upon the Crown of
Great-Britain
. Or does not this conduct, join'd to their vigorous assistance in suppressing the late Rebellions in
England
and
Scotland
, for ever destroy all such suggestions? But
hinc illæ lachrymæ
! Let me not however be mistaken. I shall be the last in the Nation so much as to dream, that any person of good sense or honesty shou'd harbor the thought of alienating from his Majesty, these good, these loyal people; who are most sincere assertors of his Cause, and on whom, in case of need, he may absolutely depend. But as ill men make an ill use of every thing, so tis observed of those without doors, that none express half the ardor for passing this
Bill
, as they who are disaffected to the King's Title, Person, and Family: a thing very remote from the intention of the Lords. For this reason, the hottest among those wou'd gladly distress his truest Friends, whom they can never forgive: while the cooler sort wou'd be content to separate them from his Interest, as much as they are themselves. Even Indifference in this case (for oppression makes wise men mad) is by all possible means to be prevented; for nothing is truer, than that
they who are not for us, are against us
: for which, and diverse other considerations, tis hop'd by all true lovers of his Majesty, and especially by those who have the dependency of
Ireland
on the Crown of
Great-Britain
really at heart, that you will never give your consent to this
Bill
.
UPON the whole you'll make no difficulty of acknowledging, that there is a vast difference between
Ireland's
being annext to the Crown of
Great-Britain
, and being subject to the Lords of
Great Britain
. These possess already as much power as they can reasonably desire, without any need of grasping at more, to the entire undoing of their innocent neighbors. Nothing shou'd be attempted that might bring about the possibility of
a Union of civil interests
between the Protestants and Papists of
Ireland
, whose antipathies and animosities all sound Politicians will ever labor to keep alive. I know certain folks have it much in their mouths, that the Out-provinces of a Go vernment, can never be held under too severe a rein, when the very contrary of this is true. History cannot afford one example, where any Out-province or remote Colony, ever rebell'd against the mother country, or chief seat of Government, but thro insupportable rigor and oppression. Thus
Tacitus
judiciously observes, that the Roman Commonwealth fell under the power of the Emperors, from the Out-provinces not being longer able to endure the tyranny of the
Senate
.
Cicero
does somewhere paint those injustices of the degenerate
Senate
to the life: nor are we to forget, that the greatest enemies are reconcil'd on such occasions. Tho
Cesar
for ten years together had been butchering and enslaving the
Gauls
, yet the miserable remains of that nation gladly follow'd him, to have the satisfaction of repaying
Rome
in the same coin of rapine and murder. That, in short, will be found true in all Governments, which the
Privernates
answer'd the
Romans
, that
if they granted 'em good conditions their Union wou'd perpetually hold; but if unjust, it cou'd not be very lasting
. In that time of Virtue, this Declaration made 'em thought worthy to become
Romans
.
A MAN or two, who wou'd be thought profoundly wise, whisper about in a very mysterious manner, that this
Bill
is only a Preliminary to an
Union
with
Ireland
on equal terms, as has been not many Years since effected, with relation to
North Britain
. These are persons us'd to catching of Gudgeons, and so think it will be no difficult task to impose on Irish understandings. But the best-natur'd, that is, the silliest among 'em will be apt to ask, what need of so much ceremony? when the thing, if really intended, may, instead of this
Bill
, be fairly propos'd, and transacted aboveboard. I say,
instead of this Bill
, the tenor of which (as the Irish Lords, long before it was broach'd, have, in their
Representation
,
which
great strength of argument and fact demonstrated) tends to the altering of a Constitution, which has lasted above five hundred Years; ay, subverting of it, to the no small injury, if not imminent danger, both of the King and his subjects. The Parliament of
Ireland
is as good as annull'd by it, since the Lords are not only declar'd to have no Judicial power in Civil Causes; but have none expresly reserv'd to them in Criminal Causes, by Impeachments from the Commons. Now, if they are any other than nominal, than mock Lords, and yet are
non Judices
; will it not be a natural Question to ask, how other Lords come to be
Judices
? Your Honors, in the mean while, by dropping or rejecting the
Bill
, neither assert the Judicial power of the Lords there, nor condemn that of the Lords here, but leave things
in statu quo
; besides that, you'll by this procedure, keep a just curb on ill dispos'd persons: for some men, in that very Kingdom, are known enemies to Parliaments; men in Employments and certain Lawyers, who are strongly inclin'd to be arbitrary, tho pretending to a greater knowledge of Equity than others. These, as a truly great man observes, are averse to Parliaments, for the same reasons that Monasteries and Fryeries desire to be exempted from their Bishops; they wou'd not have an Inspector of their actions so near them.
THE Premisses duly consider'd, with other better Reasons, easily furnish'd by your own superior wisdoms, no man can be apprehensive that you will pass the
Bill
sent down to you by the Lords; or lend a helping hand to increase the power of the
Peerage
, which in the end, may destroy the Balance of the Legislature, and subject these Nations to an Aristocracy, the natural passage to an Oligarchy, as that is to the Tyranny of one Person,
Quod procul a nobis flectat Fortuna gubernans
.
QUOTATIONS OUT OF
All the Proceedings, In relation to the Aylesbury-
Men,
Committed to the House of Commons: and the
Report
of the Lords Journal
, &c. Printed by Order of the House of Commons, for
Edward Jones
and
Timothy Goodwin
, 1704.
PAGE 26.
THIS would effectually put an end to that encroachment in Judicature, so lately assum'd by your Lordships, and so often complain'd of by the Commons; we mean the hearing of Appeals from Courts of Equity in your Lordship's House. This would have hinder'd the bringing of
Original Causes
before your Lordships, and your unwarrantable proceedings upon the Petition,
&c.
PAGE 27.
HOWEVER, the Commons conceive it no wonder, your Lordships should favour the universal Proposition, that all rights whatsoever are to be redressed by actions at Law, when your Lordships pretend to have the last resort in Cases of Judicature by
writs of Error
; so that your Lordships are in this onely extending your own Judicature, under the colour of a regard and tenderness for the Rights of the People, and Liberties of their Persons.
PAGE
37.
AND when your Lordship's exercise of Judicature upon
writs of Error
is consider'd; how unaccountable in its foundation, how inconsistent it is with our Constitution, which, in all other respects, is the wisest and happiest in the world, to suppose the last resort in Judicature and the Legislature to be differently plac'd: And when it is consider'd, how that Usurpation
in hearing of Appeals from Courts of Equity
, so easily trac'd, tho often deny'd and protested against, yet still exercis'd, and almost every Sessions of Parliament extended, it is not to be wonder'd,
&c.
Ibid.
AND the Commons cannot but see how your Lordships are contriving by all methods, to bring the determination of Liberty and Property into
the bottomless and insatiable Gulf of your Lordship's Judicature
, which would swallow up both the Prerogatives of the Crown, and the Rights and Liberties of the People,
&c.
PAGE
43.
AND therefore the Commons could not but take notice how far their Lordships had transgressed in the exercise of an unwarrantable Judicature,
&c.
PAGE
46.
AND if a
writ of Error
cannot be deny'd in any case, and the Lords alone are to judge whether the case be proper for
a writ of Error
, then all the
Queens
Revenue, all her Prerogatives, and all the Lives and Liberties of the People of
England
, will be in the hands of the Lords; for every Felon, Burglar and Traitor, will be entituled to
a writ of Error
before the Lords, and they will have even Power of Life and Death. And
by writs of Error
and
Appeals
, as already exercis'd, they will have all our Properties,
&c.
PAGE
52
THE Commons hope their Lordships will consider what the Constitution is, and think it not reasonable that any part should exceed its due bounds. But there have been great Invasions made upon it by their Lordships, and some instances of that kind have been delivered at the last Conference: and it would be easy to show, that the Judicature, which of late has been assumed by the Lords, is not consistent with the Constitution.
PAGE
57
THIS Petition to the
Queen
for
a writ of Error
in Parliament, is properly a Parliamentary Case, and is the same, when the
Queen
is party or not: and seems some remnant of our ancient Consti tution, where all Petitions were to
the
King
in Parliament
, or to the
King
and his great Council
, which was distinct from the House of Peers, and were examin'd
by Tryers
, whether fit for the Parliament
to
proceed upon
or
not.
FINIS.
THE CASE OF THE
HESSIAN
Forces, In the PAY of
Great-Britain
, Impartially and Freely Examin'd; WITH SOME
REFLECTIONS
on the present Conjuncture of AFFAIRS. IN ANSWER To a late Pamphlet, intitled,
Considerations on the present State of Affairs
, &c.
LONDON
: Printed for
R. Francklin
, in
Russel-Street, Covent-Garden
. 1731
THE
CASE
OF THE
HESSIAN
Forces, In the PAY of
GREAT-BRITAIN
,
&c.
THERE is nothing more remarkable in the Conduct of the
Writers against their Country
, than repeating the same Things, and insisting on the same Points, after They have been often confuted and expos'd. There is, perhaps, some little Policy in this manner of Writing, which may prove of Advantage to their
Patron
. It may serve his Purpose, for want of other Expedients, at a critical Point of Time. It may divert the Attention of the Publick from fresh Inquiries, by engaging their thoughts on the same exploded Topicks. It may give a Cue to his Creatures what is expected from them, and furnish them with Arguments, such as They are, for answering those Expectations and supporting Him in his Measures.
This Winter hath been very fruitful of
ministerial Apologies
. We have had
Observations on the Writings of the
Craftsman; a
Sequel to the Observations; farther Observations; Sedition and Defamation display'd
; the
Crisis
; a
Defence of the Measures of the present Administration
; and
Considerations on the present State of Affairs
; besides the weekly Artillery of those regular, standing Troops, the Authors of the
London Journal
, the
Free Briton
, the
Flying-Post
, and their auxiliary the
Daily Courant
.
But as the chief Stress, in Point of Argument, seems to be laid on the
Considerations
, I shall confine my Remarks to that Piece, though it contains only a confident Repetition of Assertions, which have been often proved false, and of Reasonings upon them, which have been as often refuted. It is, in the main, only a Re-publication of the
Enquiry
, long since neglected and despised, but newmodell'd indeed, in some Parts, according to the Circumstances of the Times, and accommodated to the present Scheme of Affairs. I shall therefore be very short in my Observations on these Heads.
That the Treaty of
Vienna
, says our Author,
was the only Source and Foundation of all the Troubles, that have distracted
Europe
for some Years past, must be allow'd by all
; though He knows very well that This hath long been a Point in Dispute, very strongly controverted; and He cannot be ig norant that, in the general Opinion of Mankind, it hath been determin'd against Those, who advanc'd it. Did He never read
John Trot's
Letters upon this Subject; or, does He think that no Body else hath read them? Other Reasons may be there found for the
Troubles of
Europe, especially with Relation to
Great Britain
, than the Treaty of
Vienna
; but there is no End of repeating the same Things. I must therefore refer the Reader to those
excellent Pieces
; and shall only observe, in general, that it is far from being
allow'd by all that the Treaty of
Vienna
was the only Source of all our Troubles
, as this Writer asserts; or that the
Union of the two Families
, which He mentions, was ever design'd; for all the Endeavours of
France, England
and
Holland
have not been since able to prevail upon the
Emperor
to consent to a
Measure
, which tends most effectually, in the present Circumstances of the
two Families
, to
unite
them; I mean to produce a
Reunion of their Dominions
; but not in the House of
Austria
, as He supposes; for I take
Don Carlos
to be a Branch of the House of
Bourbon
; and therefore if the
Contingency
, which He mentions, should happen, and the
Marriage
, with which We have been so often threaten'd, should take Place, the Dominions of
Spain
and the
Empire
might be united in
that Family
.
The Assertion of
secret Engagements
, in the Treaty of
Vienna, to deprive us of some of our Possessions and most valuable Privileges of Trade
, is likewise repeated by
this Writer
; though the Course of so many Years as have pass'd since the Conclusion of
that Treaty
, and even our Reconciliation with
Spain
have not yet brought any of
those Engagements
to Light. Did the Design of the
Ostend Company
proceed from the Treaty of
Vienna
; or was not
that Charter
granted long before, upon the Pretension of a natural Right, not alienated by any
Treaties
? How does it appear that the Demand, which
Spain
made, of the Restitution of
Gibraltar
was a Consequence of any Engagement in
this Treaty
? Hath it not been fully proved, on the contrary, that their Pretensions to this Place, whether just or not, were always founded on a
Letter
, written by his late Majesty, now publick? How does it appear that the
Emperor
ever concurred with the Court of
Spain
in any Design to deprive us of that
inestimable Possession
; or gave them any Assistance, when They actually besieged it? Lastly, how does it appear that either
Spain
or the
Emperor
had concerted any ProLject, in Favour of the
Pretender
? Did not his
Imperial
Majesty disown any such Design in the most solemn Manner; and hath not the King of
Spain
confirm'd his Asseveration, even since their
Disunion
, by a particular Clause in the Treaty of
Seville
, in which that Charge is call'd a
Pretence
only?
In short, the Treaty of
Vienna
, according to my Apprehension, hath never yet been proved to be any Thing more than an Accommodation of Differences between those
two Courts
, not in the least dangerous to
us
, after they had thought Themselves very ill used by the
Mediators
, on whom they relyed. Sending back the
Infanta
from
France
was such an Indignity as the Court of
Spain
must certainly resent; and though our
Author
is pleas'd to assert that the Conduct of
Great Britain
gave neither the
Emperor
nor
Spain
the
least Pretence for a Complaint
; I must take the Liberty to contradict Him, and can look upon such an Assertion in no other Light than as a shameless Insult on the common Sense and Knowledge of Mankind; for without insisting on the
Refusal of the sole Mediation
, hath it not been often urg'd by
these Writers
Themselves that our
Defeat of the Spanish Fleet in the Mediterranean
lay still at their Hearts; and hath it not been as often proved that the Conclusion of a
private Treaty
at
Madrid
, without the Knowledge of the
Emperor
, whilst He continued under our
Mediation
, gave Him some Reason to be offended, and to call our
Impartiality
a little in Question?
As these Reasons have been repeated in all our
anniversary Pamphlets
, to justify the Expediency of the Treaty of
Hanover
; so our Author is not ashamed to speak in the same Manner concerning the
Accession of other States to this Treaty
; though every Body knows that
Holland
acceded to it, under very large Restrictions; (not to say any Thing of the
Peace
, which was made for them with the
Algerines
) and it cannot be forgot that one of the Reasons, urg'd by Count
Horn
to the States of
Sweden
for their
Accession
, was
that the Treaty of
Hanover
did not lay them under so many Obligations as former Treaties
; though they had a Subsidy of
fifty thousand Pounds a Year, for three Years
; both from
England
and
France
, as a Consideration for
acceding
to it. I shall say nothing of the
Convention of Denmark
; because it does not appear that
We
paid any Thing for it; and I am at a Loss to think what Reason there can be for any
new Convention with that Court
, as We have been lately inform'd there is, which may be the Occasion of new Expences to this Nation; but it is plain, from this Account, that the formidable Union of
Spain
and the
Emperor
gave these
two Courts
no Alarm. They took Occasion to make a
Penny
of it, and were well paid for being ready to
muster
; that is, They have hitherto received their Money for being
Faggots
.
Let us now see whether the Consequences of the Treaty of
Hanover
will not justify our Account of
these Accessions
. It was said, at first, to be a
defensive Treaty
only; and, indeed, it contain'd no
offensive Stipulations
, any more than the Treaty of
Vienna. Holland
would not have enter'd into it, even under the
Limitations
, upon which she acceded at last, if it had been an
offensive Treaty
; and neither
Holland
nor
France
did any Thing more, than prepare Themselves against
Attacks
; but
England
hath been charg'd with acting
offensively
, by sending two Fleets of Ships of War, one to the
West-Indies
, and the
other
to the
Mediterranean
. The
former
of These block'd up the Merchant Ships of
Spain
in their Port and lay in the most unwholsome Climate in the Universe till the Ships were almost destroy'd, and scarce Men enough were left alive to bring them back in that ruinous Condition. The Consequence of This was, that
Spain
interrupted the
British
Commerce in all Parts, and plundered our Merchants without any Reprizals; for though the
Considerer
speaks of
Hostilities between the Crown of
England
and of
Spain, I do not remember any
Hostilities
that
We
have been guilty of towards
Them
, since the
blocking up their Galleons
. The War between
Us
and
Spain
seems to have been carried on in much the same Manner with That, mentioned in
Terence
,
nunquam vidi iniquius
Certationem comparatam, quam hæc hodie inter nos fuit.
Ego
vapulando,
Ille
verberando,
usque ambo defessi sumus.
In the mean Time,
France
and
Holland
were permitted to carry on their Trade, without Molestation; as They suffer'd the
Spaniards
, in Return, to besiege
Gibraltar
, without furnishing any Quota of
Men, Ships
, or
Money
, for the Defence of it; and indeed
England
, being thus charg'd with beginning
Hostilities
, was in a manner left without any
Ally
; engaged by the Treaty of
Hanover
to assist the
other contracting Parties
, in case They had been attack'd; but not intitled to their Assistance, when her own Possessions were attack'd; because she stood charg'd with being the
Aggressor
. How this Step was understood by
Spain
, appears from the
Marquis de Pozzobueno's
See
Rousset's Collection, Tom. 3. p.
368.
Letter to the Duke of
Newcastle
, the 1st of
January
, 1726-7; and surely, it could never be imagin'd that any other Interpretation could be given to such a Measure!
The
Considerer
having laid it down as an Axiom, which
must be allow'd by all
, and supported by
undoubted Evidences in Facts
, as He speaks in another Place, that the Treaty of
Vienna
made
Counter-Allyances
necessary on our Part, proceeds to shew that an Allyance with
France
was the most proper Allyance in this Cafe.
He allows, indeed, that
an Allyance with
Holland
, whose Interests in most Respects is inseparable from That of
England
, was certainly the most natural and obvious on this Occasion; but,
it seems
, the Constitution of that Republick makes it almost impossible to keep a Negotiation secret there.
Now, I cannot see any Reason why a
Negotiation
may not be kept as secret
there
as in any
other Court
. I confess, indeed, that when a
Negotiation
is form'd into a
Treaty
, it cannot be kept
secret
; because it must be brought before the
States
for their Consent; and I should be glad to know what good Purpose it can serve to keep any
Treaty secret
, after it is once concluded. I am sure, such
clandestine Treaties
have serv'd many a
bad Purpose
in our own Memory.
Another Reason, given by
our Author
, for not treating with
Holland
, upon this Occasion, is that
We are farther remov'd from any sudden Resentment;
and therefore it was thought
the most adviseable Step, for the common good of both Nations, that
England
should first strengthen herself by an Allyance with some other considerable Powers, whose Interest it is to check
the Imperial
Power; and as the Opposition between the
Emperor
and
France
must be constant in all Junctures and Events, and Allyance with
France
was certainly the most natural Allyance
England
could have, in this Case.
I have put the
Author's
Argument in its full Strength, as He hath stated it, that He may have no Reason to complain of Misrepresentation; and I will leave the World to judge whether it can do his Cause any Service; for
if
England
is farther remov'd from the Effects of any sudden Resentment
, why should she be the first to provide against Danger, and to strengthen Herself with any
Allyances
? Why did not
France
lead the Way; since the Consequences of the
Vienna
Treaty were so formidable to
that Crown
? Or what Danger could We apprehend from
that Treaty
, when the
Opposition of
France
to the
Emperor
was so certain
, and the Interest of
Holland
made it so necessary for Her to court
our Allyance
, without any
private Restriction
, or
preliminary Services
? May it not likewise be ask'd, whether there is not as
constant a Jealousy and secret Rivalship between
France
and
England,
as between
France
and the
Emperor?
The
Considerer
seems to allow
that
France
abstractedly hath no great Concern for the Rights and Possessions of
Great-Britain; but then We are told that the
Union of
Spain
and the
Emperor,
which must create the greatest Alarm and Uneasiness to
France,
would keep her faithful to her Engagements in Point of Interest, as long as
that Union
subsisted
. If so, was it our Interest to dissolve
that Union
; or can We rely on the Fidelity of
France
with the same Confidence, after the Cause of her Apprehensions, by the Dissolution of the
Vienna Treaty
, is remov'd? May not this Separation of
Spain
and the
Emperor
be follow'd by a new Union between
France
and
Spain
, more formidable to
Us
than
That
, which We have dissolv'd? Or, may it not be ask'd, why We converted the
defensive Treaty of
Hanover, which was so wisely projected for the
Peace of
Europe,
and the Interest of
Great-Britain, into the
offensive Treaty of
Seville? For the Stipulation of
Spanish Troops
, in Contravention to the
Quadruple Allyance
, is certainly an
offensive Stipulation
, whether it should be ever executed or not; and We see that it hath already put
Europe
in Arms.
Yet this
Separation of the two Courts
, of
Vienna
and
Madrid
, hath been extoll'd as the greatest Master-piece of Politicks that any Minister ever performed; though one would think it did not require any extraordinary Address to dissolve an
Union
between two Crowns, which hath been so often represented
unnatural
and
unaccountable
in the very Foundation of it. Did not the
Emperor's Ministers
shew more Dexterity in cultivating
such an Union
; the
same Ministers
, who likewise
found Means to detach the King of
Prussia
from the
Hanover
Allyance
; though the
Interest of the two Families of
Brandenburg
and
Austria
were incompatible
? But
this Author
, it seems, is of another Opinion; and We are given to understand that nobody but a
Machiavel
could have
negotiated
Spain
into such a Temper, as to abandon in tirely the
Imperial
Court; to quit her vast Expectations from thence; and to enter into a strict Union with the
Hanover
Allies
. Pray, Sir, what
vast Expectations
do you mean? The great Advantages of the
Vienna Treaty
were formerly supposed to lye on the Side of the
Emperor
; and if
Spain
had any
Expectations
of establishing the Succession of
Don Carlos
by an
Union
with the
Emperor
, They found Themselves disappointed; for as beneficial as this Allyance was to Him, He would never consent to
that Succession
, upon their Terms. Nay, if We may believe the
Considerer, Spain
was so far from having any reasonable
Expectations
of this Nature, that one Design of the
Vienna Treaty
was to
defeat the Succession of
Don Carlos. As This is a very extraordinary Argument, in Justification of the
Treaty of Seville
, I will quote it at length.
The Conduct of the
Emperor,
in endeavouring to delay and disappoint the Introduction of
neutral
Garrisons and the Succession of
Don Carlos;
and the
Steps
taken with
That View
,
in the
Vienna Treaty
,
without the Consent of
England
and
France,
contracting Parties to the
Quadruple Alliance,
sufficiently justified
England
and
France
in making this
Variation,
without the Consent of the
Emperor
.
Is it not very surprizing that
Spain
should pay so dear for a
Treaty
, which was calculated to disappoint her most
favourite View
? Is it not very mysterious that in a
Treaty
, which was projected with a Design of
uniting the two Families by Marriages
, and laying the Foundation of an
universal Monarchy
in
Europe
, any Steps should be taken to
defeat the Succession of a Prince
, in whose Person this formidable Conjunction of Dominions was to take Place? If This was one of the Designs of the
Vienna Treaty
, it must indeed be confessed a very
unaccountable Allyance
; and the Merit of having
dissolv'd
it will be greatly diminish'd. Neither can We wonder at the Conduct of the
Emperor
in this Case; for how can We think it strange that He should endeavour to
defeat the
Succession of
Don Carlos
, by the Introduction of
Spanish Troops
into
Italy
, when
Spain
herself had concurred in
taking Steps, with that View, in the Treaty of
Vienna? But the
Author
must have certainly been half asleep and nodding over his
Treaties
, when He let such Stuff fall from his Pen. I shall therefore consider this Affair a little farther, as if no such
egregious Blunder
had been committed.
At the Time of making the
Hanover Treaty
, the
Emperor's
Conduct, with respect to the Succession of
Don Carlos
, was not thought a sufficient Reason for violating that Part of the
Quadruple Allyance
, which related to it. The Proposition of 6000
Spaniards
, instead of 6000
Neutrals
, seems to have been disapproved by
England
at the Congress of
Soissons
; and never relish'd, till some short Time before it was made a Stipulation of the
Seville Treaty
; that is, some Time before the Meeting of
Parliament
, last Year. The Consent of the
Empire
was obtain'd, and the
Letters expectative
deliver'd before the Differences between the
Empire
and
Spain
were adjusted; so that the
Emperor
had made all his Engagements good; and
Spain
ought to have call'd on the
Neutral Powers
, who were to garrison the Places, at their own Expence, to perform their Engagements, as well as the
Emperor
. None of the Parties seem'd to think that there had been any affected Delay at
Vienna
in that Matter; but though the
Quadruple Treaty
says that 6000
Neutrals
are to be introduc'd, it does not say
when
. The Consent of the Duke of
Tuscany
was sought; whether ever obtain'd, I know not; but in the Year 1723, (
Octob.
25,) He protested, by a
solemn Act
at
Cambray
, against the Stipulations of the
Quadruple Allyance
, relating to his Dominions; which
Rousset
, Tom IV. p. 146.
Act
was repeated and confirm'd the 26th of
January
following.
Spain
never liked
this Stipulation
; and before and at the Congress of
Cambray
desired 6000
Spaniards
; but the
French
, at that Time, did not care to risque and Accession of Power to the Crown of
Spain
, any more than the
English. Both
apprehended the King of
Spain
, at that Time, to have a Design of setting aside the
Renunciations
, founded on the Treaty of
Utrecht
, and of uniting
France
and
Spain
. The Persons in Power, in
France
since the Duke of
Bourbon's
Removal, have been thought to wish for such an
Union
; but as the
French
King hath
Sons
, those Designs must be laid aside; and as
France
hath now no Reason to fear such an Accession of Power as
Tuscany
would be to the Crown of
Spain
, it is her Interest to promote the Introduction of
Spanish Troops
; which may oblige the
Emperor
to keep a greater Body of Forces than formerly in
Italy
; by which Means
France
will meet with less Opposition, if ever They attack Him in
Germany
; as
Spain
will have a favourable Opportunity of enlarging their Territories in
Italy
; and This will be a Foundation of Friendship between
those Crowns
.
The Queen of
Spain
could not have desir'd the Change from
neutral
to
Spanish
Troops, but upon the Hopes that her Son may be King of
Spain
; the Prince of
Asturias
being very sickly and not likely to have Children.
It is said that
France
and
England
are Guaranties for the
Emperor's
Dominions in
Italy
against any Encroachments, which
Spain
may attempt to make upon them.
I answer, that the Purposes of the
Quadruple Allyance
would have been effectually secur'd by
neutral Troops
; but it is extremely probable that the Introduction of
Spaniards
will be follow'd by Invasions on the
Emperor's
Dominions; for though the Introduction of only 6000
Spaniards
is stipulated, yet if They are put in Possession of
Leghorn
, They may admit as many more as They please by the Help of their Fleet, which is large enough for that Purpose, and will be as good as a Bridge between
Italy
and
Spain
. In this Case,
France
will not be very forward, to execute their Engagements of Guaranty in the
Emperor's
behalf; and if
England
does, she must lose her Trade to
Spain
and to
Leghorn
. If
France
should think fit to quarrel with the
Emperor
, she will encourage
Spain
to invade his
Italian
Dominions; and when the
Emperor
complains of it, They will, without much Difficulty (according to the modern Way of interpreting the Obligations of
Treaties
) find out some Act or other of the
Emperor
, which They will alledge as a Reason for his having forfeited a Right to that
Guaranty
. But surely Princes should endeavour to concert their
Treaties
in such a Manner, that there may be Reason to hope their
Guaranty will not be wanted
, and not so as to be almost sure
that it will
! In this
latter Case
, a Foundation is laid for a
War
; and as it will be the Interest both of
France
and
England
not to quarrel too easily with
Spain
, on Account of the Benefits of trading with Them; so the
Emperor
will not trust very readily to their
Guaranty
.
The
Quadruple Allyance
directed that when
Don Carlos
was in Possession,
Spain
should yield up to Him
Porto Longone
, which is now in the Hands of that Crown. The Reason of This was, that They might have no Place to land Troops at, to disturb him at their Pleasure. I don't remember that the
Seville Treaty
takes any Notice of This.
How can this Author say, p. 40. that the Introduction of
Spaniards
was necessary for the
effectual Security of that Sucession
? The Treaty of
Seville
it self expresses an Apprehension of Danger to that Sucession from
Spanish
Troops; and stipulates that when
Don Carlos
is in quiet Possession,
those Troops
shall withdraw; that
thereby
it may be secure from all Events. The Provisions, in the
Quadruple Allyance
, against the Introduction of
Spaniards
, are founded on the same Apprehension; and though the Treaty of
Seville
says that They shall withdraw, when
Don Carlos
is in
quiet Possession
; yet who is to be Judge when that
Possession
may be said to be
quiet and free from Danger of being disturb'd
? Will not the King of
Spain
take the Decision of that Question upon himself, and give his Troops Orders to keep Possession of those Dominions, if He finds it his Interest? It cannot surely be doubted whether 6000
Neutrals
are more proper for the effectual Security of that Succession than 6000
Spaniards
, unless upon the Supposition that
Don Carlos
should be King of
Spain
, with which Crown the Possession of these Dominions was made incompatible by the
Quadruple Allyance
. Neutral Troops would oppose all Attempts from the
Emperor
, or from
Spain
in Prejudice of
this Succession
; and
Time and Experience
have fully shewn that they may be more readily introduc'd; the
Emperor
having long since declared that He is willing to consent to
their Introduction
, and that he will not consent to the Introduction of
Spaniards
.
But if the
Emperor's
Conduct justifies the Measures of the
Seville
Allies, what have the
States
of the
Empire
done to deserve this Treatment? Why should the Parties to the
Quadruple Allyance
engage, by the Treaty of
Seville
, to introduce
Spanish
Garrisons into their Fiefs, without their Consent, when the
same Parties
have declared that the
Dominions
in question cannot be dispos'd of
without their Consent
; nay, have engaged Themselves in a Guaranty of this very Provision? If the
Emperor
consents to this
Variation
, as it is call'd, without their Concurrence, He will involve Himself in the Guilt of violating the
Oath
, taken at his Election, and be liable to the divested of the
Imperial
Dignity. The
Imperial Ministers
have declar'd This in very strong Terms in a
Paper
, handed about at
Ratisbon
, in answer to
another Paper
, said to have been written by Monsieur
de Chavigny
, the
French
Minister there; and in
that Paper
They assert that, by a secret Article of the Treaty of
Madrid
, in 1721, between
France, Spain
and
England
, the Introduction of
Spanish
Troops was stipulated. If This is true, it is very astonishing; and I hope the
Considerer
will allow that it might give the
Emperor
some little
Pretence to complain of our Conduct
, whilst He looked upon us as his Friend, and We were acting the Part of a
Mediator
. But certain it is that, in the Year 1721, a
defensive Treaty
was made between those three Powers (besides the
Treaty of Commerce
between
Spain
and
England
) and the Number of Troops to be fur nish'd by each was specify'd. This
Treaty
was carry'd on so privately, that neither Count
Windisgratz
, nor Baron
Pentenrieder
were able to penetrate into the Secret of it. This
Treaty
is printed in
Rousset
, (Tom. 4. p. 101.) though a
certain Gentleman
asserted that the Treaty of 1721 was only a
Treaty of Commerce
, at which the
Emperor
could take no Offence.
It is said expressly in
that Paper
, agreeably to what was always said by the Publick, that the Plan of the
Quadruple Allyance
was settled by
France
and
England
, and by Them sent to
Vienna
; and that these
two Powers
offer'd
Sicily
to the
Emperor
, before
Tuscany
and
Parma
were brought into Question; and indeed there are not any Words, in the
Quadruple Allyance
, which can lead one to imagine that
Sicily
was the
Equivalent
given to the
Emperor
for the Successions of
Tuscany
and
Parma
.
If the present Scheme of Negotiations is to bring the
Emperor
into the Treaty of
Seville
, in Case the
States of the Empire
will consent to the Introduction of
Spanish
Troops, and to promise his Endeavours to obtain their Consent, Affairs will be in a worse Situation than they were in at the Time of the
Quadruple Allyance
; and if the
Emperor
should be secure against any Danger from the
Turks
, He would certainly do what lies in his Power to prevent them from giving their Consent.
Thus stands our Case at present, and such are the Consequences of the
happy Conclusion of the Treaty of
Seville; which our
Author
calls, in several Places, a
perfect and absolute Peace with
Spain; though He drops an Observation, in one Place, that a
War in Italy
(which is the natural Consequence of
this Treaty
, unless prevented by some
lucky Incident
) must affect the whole Confederacy on
each Side
; that is, involve all
Europe
in a War. He tells us likewise that, by this
absolute Peace with
Spain,
all our Rights, Privileges and Possessions are renew'd and confirm'd; reasonable Stipulations are made for Reparations of past Damages; and the strongest Obligations given for putting our Trade on the Foot of former Treaties.
Such gross Assertions as These, the dull
Crambe repetita
of every
Court Scribbler
, require no Answer. They deserve only our Contempt. I shall therefore pass over all his trite Panegyrick on
prudent and steady Measures
; (which He afterwards calls, somewhat more properly,
an
Appearance
of Steadiness and Force;) successful Negotiations; unwillingness to put the Nation to an extraordinary Expence, by any unnecessary Precautions; the happy Effects of the Treaty of
Hanover;
and the happy Conclusion of the Treaty of
Seville! I will not, I say, endeavour to rob any Persons of the secret Pleasure and Gratification, which such
Incense
may give them.
But as this whole Deduction of Arguments is evidently made to recommend the Continuance of
twelve Thousand
Hessian
Troops in our Pay
; I will consider that Affair, as it deserves, in a manner partly
serious
and partly
ludicrous
; for though the Case of
these Troops
is become a Point of very sober Consequence to
Great-Britain
; yet the Reasoning of
this Author
, in their Behalf, is so ridiculous, that it is impossible for the gravest Man to preserve his Temper, and forbear bursting out, now and them, into a Fit of Laughter.
In order to obviate the
Clamours industriously raised against the
Hessian
Troops, which this Nation hath of late Years, been oblig'd to maintain
, (for I shall not enter into any Debate, at present, concerning the
Number of our Forces at home
) He engages to prove that They were first taken into our Pay, and since continued,
in Consequence of
Treaties,
made for the Interest of
Great-Britain,
and the Preservation of the
Peace
and Ballance of
Europe,
independent of any other Interest and Consideration whatsoever
.
If He had succeeded in this
Undertaking
, it would have saved me the Trouble of any
Remarks
; but I think it demonstrable that He hath not brought one tolerable Argument to support his Proposition. That the
Hessian Troops
were taken into our Pay,
in Consequence of Treaties
, I shall not deny. Whether
those Treaties were made solely for the Interest of
Great Britain,
and the Preservation of the
Peace
and
Ballance
of
Europe; appears in some Measure already by the
happy Effects of them
, and my preceding Observations. But let us now examine a little more particularly how the
Interest of Great Britain
, as well as the
Peace and Ballance of Europe
, makes the Continuation of this great Expence necessary to us.
The
Considerer
tells us, that immediately after the Conclusion of the
Treaty of Hanover, the Consequences of the Vienna Treaty began to shew themselves openly
, and obliged his late Majesty to apply to his Parliament for extraordinary Assistance;
which was agreed to
, says he,
by an Address of the House of Commons, on the 25th of March
, 1726,
who desired Him
"not only to encrease his Number of
Seamen
, but to concert such other Measures as would best conduce to the Security of the Trade and Navigation of this Kingdom and the Preservation of the Peace of
Europe
; with Assurances that They would effectually make good
All Such Expences
and
Engage ments
, as should be made for obtaining those great and desireable Ends
A most ample
Vote of Credit
indeed! I hope it is not quoted by Way of
Precedent
, or to prepare the Nation for one of the
same Nature
this Year.
At this Juncture
, says the
Considerer
,
and in Consequence of the Measures, concerted between his Majesty and his Allies, the late King agreed with the Landgrave of
Hesse Cassel
for a Body of twelve thousand
Hessians
, to be ready to march for his Majesty's Service upon Demand.
We are told that
France
likewise increas'd their Forces very considerably, for the Sake of the
common Cause
; and that the
Dutch
, having acceded to the
Treaty of Hanover, immediately proceeded to an Augmentation of their Troops; requiring at the same Time that
England
and
France
would have their respective Quotas of twelve thousand Men in readiness and at Hand
for the Defence of the Republick,
in Case of an immediate Attack; which They had more Reason to apprehend than any of the
Allies,
on Account of their Situation, with Respect to the
Imperial
Garrisons in the low Countries, on
one Side,
and their being exposed, on the
other,
to the Forces of the King of
Prussia,
who had been lately gained by the
Emperor From hence it appears very plainly that
England
need not have courted
Holland
into an
Allyance
, which was so necessary to her
Defence against immediate Attacks
, whilst
England
was far removed from the Danger; and I have shewn before that
France
was still more concern'd in Point of
particular Interest
, to oppose the Designs of the
Vienna Treaty
; though I hope it will prove at last, that she had some Regard to the
common Cause
in the Augmentation of her Forces; but it is certain, from this very State of the Case, that
England
, being thus remotely concern'd in the Consequences of
that Treaty
might have hold a slower Pace and involv'd her self in
fewer Inconveniences
than she hath felt, as well as procur'd
more Advantages
than she hath gain'd But let us hear the
Considerer
a little farther.
This equitable Demand
, says He,
on the Part of the
States
could hardly have been answer'd by the King, if He had rais'd no Troops but in
England
.
Why?
Because the
Dutch, it seems
, are too well acquainted with the Accidents of the Sea, and the Difficulties and Delays, which attend the Transporting great Bodies of Troops, to depend upon such Help in a Case, which if it happen'd at all, would be sudden and too quick to be withstood by slow Movements.
Therefore it is necessary to keep
twelve thousand foreign Troops
in constant Readiness, at the Expence of
Great-Britain
, to march to their Assistance.
This is surely one of the most frivolous Arguments that was ever advanc'd in a Point of such Consequence. Will any Man, except
this Author
, pretend to say, that the
Accidents of the Sea, and the Difficulties of transporting Troops from
England
to
Holland, are a sufficient Reason for the Expence of maintaining such a Body of
foreign Troops
? What Power could intercept them?
France
was an original Ally in the Treaty of
Hanover
; and surely
Spain
was not able to cope with the Fleets of
England
and
Holland
! Nothing therefore but the
common Accidents of the Sea
could interrupt our Succours; and are We to avoid them, by such a constant Burthen of Expence, as a
Land Tax of six Pence in the Pound
, and, what is still worse,
carried out of the Kingdom
? But even allowing That to be true, against the Evidence of common Sense, will it be said that
these Troops are the most properly plac'd for this Purpose in case of Need
? Can We suppose that the
Landgrave of Hesse
would leave his own Dominions in a defenceless Condition, in case of any sudden Attempt from the
Vienna Allies
, and march immediately to the Assistance of
Holland
? Or, even supposing Him so honourably regardless of his own Safety, as to run any Hazards in the Execution of his Engagements; might not the March of these Troops into
Holland
be attended with many more
Accidents, Difficulties
and
Delays
, than the Transportation of Succours from
England
?
But there is another Consideration, which renders this Argument still more ridiculous. The
Considerer
seems to allude to the Case of
Embden
, when He speaks of our Obligations to support
Holland
against the Attacks of the King of
Prussia
; whereas the Troops of
Hesse Cassel
can never be employ'd to assist the
Dutch
to protect
that Place
against the Execution of a Decree of the
Aulick Council
. It appears from the Papers in
Rousset (Tom.
4.) that the
States of Holland
don't pretend to dispute the Authority of that
Court of Justice
. They only sollicited the Court of
Vienna
to suspend the
Execution
of that Decree, in hopes that Matters might be amicably made up between the Prince and the
States of East Friesland
. They exhorted the
Prince
to desist from the Rigour of
that Decree
in his Favour, and say that They are interested in the Consequence of the Execution of it, as it may be the Expulsion of their Garrison, which They have kept there 120 Years, to secure the Observation of Conventions between the
Prince
and
States of East Friesland
. They say likewise that the Money lent by their Subjects to the
States of East Friesland
will be in Danger of being lost, if the Form of Government, establish'd in that Country, should be chang'd; and farther, They have always desired their Allies to support their Instances at the Court of
Vienna
for the Mitigation of this Decree. They at length say (
July
9, 1728.) that They hope the
Allies
will consider This as
Casus Fœderis
. They desire it may be carried to the
Congress
. Count
Zinzendorf
denies it to be a Matter, that can be considered there, because the
Decree of the Aulick Council
regarded only the Administration of Justice in the
Empire
. When
France
was call'd upon to back the Instances of the
States
at
Vienna
, she said that
she would, from Affection for their Interests
; insinuating that she was not
oblig'd
. Let any one therefore judge whether in a Matter, thus circumstanc'd, and thus thought of by
one of the Allies of
Hanover, a
Prince of the Empire
would run the Hazard of being put to the
Ban of the Empire
for opposing, by his Troops, the
Execution of a Decree of a Court of Justice of the Empire
. See
Rousset
, Tom. 4. p. 498,
&c.
Nor can
these Troops
, or the Troops of
Hanover
(which are said likewise to be considerably augmented upon the
Hanover Treaty
) be employ'd, for the same Reason, to make a Diversion in
Germany
, by attacking the
Emperor's hereditary Dominion
, or otherwise acting offensively in the
Empire
, without offending against the Laws of the
Empire
. The Elector of
Hanover
, and the Landgrave of
Hesse Cassel
are oblig'd, as Members of the
Germanick Body
, to assist the
Emperor
to protect the Rights and Privileges of the
Empire
, when invaded by any Attempts to introduce Troops into their
Fiefs
without their
Consent
; which
Consent
the contracting Parties to the
Seville Treaty
have declar'd, by the Treaty of
Quadruple Allyance
, to be necessary; and unless there is some other Treaty besides That sign'd by Lord
Townshend
and General
Diemar
(for That refers only to the Case of the
Hanover
Treaty) there can arise no Case upon the
Seville Treaty
, which will oblige those Troops to act either
offensively
or
defensively
.
Our
Author
proceeds in the following sagacious Manner.
But here, perhaps, it will be ask'd what hath
Great-Britain
to do with this String of
foreign Troops
? What have
We
to apprehend from the Forces of
Prussia, Moscovy
, or the
Emperor
? What Good can the
Swedes
, the
Danes
, the
Hessians
, or the
Hanoverians
do us?
Aye, what indeed? Our
Author
would do well to give a better Answer to
these Queries
. But He goes on with the same judicious Observations.
It was our Business to lie by; to wait; and see the Consequences and Events of the
Vienna Treaty
, and to take our Measures accordingly, at a proper Season.
No Doubt on't, Mr.
Considerer
; but you seem to think that you have cut us quite down in what follows. It would be unfair therefore not to quote it.
This indeed
, say you,
would have been a prudent Step, if the Terms of the
Vienna Treaty
, and the Measures taken, and the Forces rais'd in Consequence of it, by the contracting Parties, had not been directly levell'd at the Interest of
GreatBritain
. This would be a very plausible Doctrine, if the Possessions of
Gibraltar
and
Port-Mahon
; if the Trade to
Italy
and
Spain
, to the
East
and
West-Indies
, and the
Baltick
; if the
Ballance
of
Europe
, and the
present, happy Establishment
were become indifferent Things to this Nation; as indeed, one would think, They were, especially the
last
, by the weekly licentious Writings of some Gentlemen, who would be thought to be Men of no little Consequence.
I have but a single Objection to all this Vein of shrewd Reasoning; which is, that every one of the Points, mention'd by the
Author
, remains to be prov'd, as I have observ'd before; and if They cannot be proved, He plainly owns the Folly of our Conduct. As to the
last Point
, I shall have Occasion to consider that Charge in another Place; and will only observe, at present, that
those Gentlemen
, to whom He alludes, cannot have discover'd a
greater Indifference to the present, happy Establishment, in their weekly, licentious Writings
, than some
other Gentlemen
have discover'd, by their extraordinary Measures, to the
Trade of this Kingdom
and the
Ballance of Europe
; the
former
of which is, I am afraid, too manifestly negotiated into
French
Hands, and the
latter
very much impair'd, in its most beneficial Branches, by some
late wise Treaties
.
Having given us these exquisite Reasons for taking the
Hessian
Troops into our Pay, He produces a
Muster-Roll
of the Forces on both Sides, as They stood in the Year 1727; which I shall draw up in opposite Columns, or (to use the
Author's
Words) in
Battle Array
, against each other.
To
Hanover Allyance
.
To
Vienna Allyance
.
Land Forces.
Land Forces.
English
, 26,000.
Imperial
, 227,000.
French
, 160,000.
Prussian
, 70,000.
Dutch
, 50,000.
Spanish
, 60,000.
Hanoverians
, 22,000.
Muscovite
, 30,000,
Danes
, 24,000.
Hessians
, 12,000.
Swedes
, 10,000.
Sum total 304,000.
Sum total 387,000,
Deduct 304,000.
To Ballance. 83,000.
I wonder the
Considerer
, when He was giving us a List of the
confederate Forces
, (as He expresses it) on both Sides, should forget our great Ally, the Duke of
Wolfenbuttle
; who enter'd into a Guaranty of all the
British
Dominions; and stipulated, I think, to furnish a Body of 5000 Men, in Case of need; but perhaps, He consider'd the
secret Articles
of that Allyance; by which it is provided that
these Troops
are not to move out of
Germany
in our Defence. Let us therefore return to the State of
two Allyances
of
Hanover
and
Vienna
, as They stood in the Year 1727; upon which our
Author
makes the following Remark.
Thus Matters stood in
1727
, when almost all the Powers of
Europe
were, directly or indirectly, engaged and ranged on the Side of the Treaty of
Vienna
or
Hanover
.
I hope He will give me Leave to add my Opinion that this Arrangement of the Forces, in re gular
Battalia
, on both Sides, shews the busy Genius of
some Gentlemen
, who have taken great Pains to arm all
Europe
, at the Expence of their
own Country
; and if They should be able to disarm it again, at an equal Expence, what other Merit will They have, than That of conjuring down a
Spirit
of their own raising? But the Reader will perceive that the
Considerer
grows quite
ludicrous
, towards the latter End of his Performance; and the Laugh would be justly turn'd upon us, if We should enter into a
grave
Confutation of his Arguments.
He seems to insunate, by this
List of the Forces on both Sides
, that instead of 12,000
Hessians
our
excellent Ministers
ought to have demanded 83,000; and that it is owing to their extreme Moderation, that the desireable Work of a
Peace
hath not been yet accomplished; for, according to the
Rule of Three
, if 12,000
Hessians
can procure us a
Peace
in
five Years
, 83,000
Hessians
would have done it in about the
seventh
Part of that Time.
To shew that the
Hanover Allies
went on, Hand in Hand together, He tells us that the
Dutch
not only augmented their
Land Forces
, but
had likewise made
Preparations
to fit out eighteen Men of War
. Nay, He might have added that They actually shew'd out a Fleet, at
Spithead
, for several Months together; and though it might not, perhaps, be victuall'd and provided for any
farther Voyage
; yet it must be confess'd to be an
Appearance of Steadiness and Force
, at least; and considering the great Advantages, which
England
hath reap'd from the
Hanover Allyance
, it may be put in Ballance against the several great Squadrons, which she hath been at the Expence of sending to all Parts of the World.
As to the
French
, the
same Author
tells us that They had got every Thing ready
for taking the Field
. The only Question was
Where
They should take the Field
; and at last a very wise Thought jump'd into the Head of a
certain Gentleman, viz. to whose Advantage the Events even of a
successful War
might turn
; which hath hitherto prevented them
from taking the Field
any where.
However, this equal Co-operation of the
Hanover Allies
, with our
Hessian
Auxiliaries, made the
Emperor
look about Him, and consent to a Plan of
Preliminaries
; which would certainly have produc'd an
absolute Peace
, long before the
Treaty of Seville
effected it; had not
Spain been provok'd at these Steps
, taken without her Approbation, and
entertain'd some small Hopes of Disturbances in
England,
on Account of the
late King's
Death
. It may be ask'd, perhaps, what
Hopes
, of this Nature,
Spain
could possibly entertain upon his present Majesty's Accession to the Throne with the general Acclamations of all Parties? I answer, from the
Change of the Ministry
; which would have occasion'd
Disturbances
, no Doubt, of the utmost Consequence to all
Europe
.
However, these
separate Negotiations with the Emperor
(which his
Ministers were artfully drawn into
) gave such Umbrage to
Spain
, that They likewise came into
separate Negotiations
with us and concluded that
absolute Peace
, call'd the
Treaty of Seville
, which gave the
Emperor
Umbrage, in his Turn; and This is the Foot, which We stand upon at present.
Here the
Considerer
asks another wise Question; or, which is much the same Thing, puts it into the Mouth of an
Adversary
.
But of what Use
, says He,
can the
Hessians
be for the Execution of the Treaty of
Seville
; and particularly for the Introduction of
Spanish
Garrisons into
Tuscany
and
Parma
?
In Answer to This, the
Considerer
gives us many weighty Arguments, to shew that
these Troops
are of the utmost Use, not only upon this Occasion, but likewise upon all Occasions, that can possibly happen in
Europe
.
In order to set this Matter in the clearest Light, I must desire the Reader to recollect that it appears by the Account of the
two Allyances
, as it stood when
Spain
and the
Emperor
were together, that the Land Forces on the
Vienna
Side over-ballanc'd Those of the
Hanover Allies
by 83,000 Men; but the Forces of
Spain, (viz.
60,000) being taken from
one Side
and plac'd to the
other
, will make the Confederates of
Hanover
more numerous than Those of
Vienna
by 37,000; from whence it may be inferr'd, perhaps, that there is not so great a Necessity of the 12000
Hessians
; which would be true, if it were fix'd on which Side the
Hessians
are to be; but as it is yet impossible to know which of the two Powers (
Spain
or the
Emperor
) will be most refractory; and as Care must be always taken of the
Ballance
of
Europe
; it follows, according to this
Gentleman's
incomparable Reasoning, that there will always be a Necessity of keeping up the
Hessians
, whether the
Emperor
or
Spain
stands out, or
both
, in order to maintain the
Ballance
of
Europe
.
In short, I cannot compare the Author's Reasoning, in this most excellent Dissertation, to any Thing, but a strong
Chain
, consisting of several Links; each of which, as it is infrangible in its self, so is it inseparable from any of the rest. It is necessary therefore to lay it out at its full Length, in order to form a true Judgment of it, and then observe how the whole is connected for the Interest of
Great Britain
.
In demonstrating the Necessity of keeping up the
Hessians
, the Author proceeds in the following Manner; and the first Joint of his
Sorites
, or
Rat's Tail
, is a
Postulatum
, which nobody must deny,
viz.
1 .
p.
6
It must be allow'd by all
that the Treaty of
Vienna
laid the Foundation of a formidable Power in
Europe
, by the Union of the two Families, of
Spain
and
Austria
.
2.
p.
8. The
Vienna
Treaty made the Counter-Allyance of
Hanover
absolutely necessary.
3.
p.
14. The Treaty of
Hanover
made it necessary to take 12,000
Hessians
into our Pay.
4.
p.
15. That the
Accidents of the Sea
made it necessary to keep up the
Hessians
, for the Protection of
Holland
.
5.
p.
27. The Jealousy of the
French
and
Dutch
of the Advantages to
Great Britain
, by the
Assiento Trade
, made it necessary to keep up the
Hessians
.
6.
p.
28. The
Peace
not being yet concluded, at the Congress of
Soissons
, made it necessary to continue the
Hessians
.
7.
P. 29. If We had appear'd at the Congress in a
naked Posture
, by disbanding the
Hessians
, the
French
would not have stood by us in Defence of
Gibraltar
or
Port-Mahon
. Therefore it was necessary to keep up the
Hessians
, that We might be in a Readiness to assist
France
, in order to make
France
ready to assist us.
8.
p.
32. The Treaty of
Seville
could never have been accomplished without the
Hessians
; and therefore the
Security of our Possessions
and the
full Enjoyment of our Commerce
, as well as the
Separation of
Spain
from the
Emperor
are intirely owing to the
Hessians.
9.
p.
34. As the
Hessians
were necessary to make the
Emperor
and
Spain
quarrel, so they are no less necessary to make them agree; and consequently it is necessary to keep up the
Hessians
, till the Peace of
Europe
is absolutely concluded.
11.
p.
36. As there are now but small Hopes of gaining the
Emperor's
Consent to the Introduction of
Spanish
Troops, by Way of
Negotiation
; and as it is impossible to do it by
Force
, without the
Hessians; Spain
hath a Right, by the Treaty of
Seville
, to demand the
Hessians; for why should
England
expect to reap the Fruits of successful Negotiations, without Expence
?
12.
P. 42. The
Emperor
having, at present, a large Body of Forces in
Italy
, makes it necessary to keep up the
Hessians
.
13.
Ib. France
being both unable and unwilling to make a
Diversion
upon the Rhine or in
Flanders
, it is necessary to keep up the
Hessians
, for this Purpose likewise.
14.
P 45. The
Weakness
of the
Emperor
is as good a Reason as his
Strength
for keeping up the
Hessians
.
15.
P. 47. It is plain that the
Hessians
are not kept up, for the Sake of the King's
foreign Dominions
; and yet his Majesty hath a Right to demand the
Hessians
, for the Defence of
those Dominions
.
16.
P. 51, 52. The Distress of
Trade
, the Loss of
Gibraltar
and
Portmahon
, the Reparation of
Dunkirk
, the
Violation of all our Treaties
, the total Subversion of the Protestant Establishment in the
House of Hanover
, and
throwing the whole World into Confusion
, will be the fatal Consequences of disbanding the
Hessians
.
From whence it follows that it is a
most abominable Practice
to talk of the
Debts of the Nation
, and
sending Money abroad to pay foreign Troops
in a Point of such
publick Utility
as the
Hessians
. The
Hessians
! who are the
Triarii
of
Great Britain
; her last Resort in all Cases, both in
Peace
and
War
; both at
Home
and
Abroad
; howsoever
ally'd
, or wheresoever
distress'd
!
But we must now be a little serious again; for the
Subject
requires it, though not the
Author
of his
Manner
of Reasoning.
Although this Deduction
, says He,
is gone into so great a Length; yet it seems necessary, before I conclude, to remove some Insinuations, industriously spread against the
Hessian
Troops; as if they were not hired, or continued in our Pay, for the Sake and Interest of
Great Britain
.
I think the
Author
Himself hath pretty plainly confirm'd the Truth of such
Insinuations
; but He prudently lays them to the Charge of the
Enemies of the Government
; (that is of the
Ministry
;) who are, in a Manner, defy'd to
produce one Reason or Fact, during the Negotiations and Transactions of so many Years, to shew the Probability of such an Imputation; and if the
Author
is rightly inform'd, not one Word had pass'd for some Years, before the Conclusion of the
Treaty of Vienna,
about
Bremen
and
Verhden. Though I am no
Enemy of the Government
, I very much suspect the Truth of this
Information
, and think myself able to prove the Falshood of it; but as I have not Room to enter into such a Deduction, at present, I shall content myself with presenting the
Considerer
with a Passage out of the Works of one of his
Fellow-Labourers in the Ministry
; by Name
Francis Walsing ham
, Esq; who, in Order to shew the superior Fidelity of the
French
to the
Germans
, gave us the following judicious Intimation, in his
Free Briton
of
Thursday November the 26th
, 1730, No. 52;
Had the antient Proverb of
German Faith
been infallible, a
certain great Prince
had granted an
Investiture
;
which He once solemnly promised, on a very
valuable Consideration;
nor would He have expected a
Million Sterling
,
as a refreshing Fee.
I do not quote this
low Fellow
, by Way of
Authority
, but only for the Sake of
Information
; for as contemptible a
Writer
as He is in Himself, He sometimes blabs out
Secrets
, which are intrusted to Him, in Confidence, by his
Pay-master
. I wish therefore He would let us know, who this
certain Prince
is,
what Investiture
He means; what
valuable Consideration
was paid for it; and from
Whom
that Prince
hath expected a
Million Sterling
, as a
refreshing Fee
The Resolution of these Questions might, perhaps, clear up the Dispute, whether
Sicily
was granted as an
Equivalent
to the
Emperor
for his Consent to the Disposition of the
Italian Dominions
, in Favour of
Don Carlos
.
The
Votes of Parliament
, which the
Author
quotes in Justification of the
Hessians
, and for the Support of his Majesty's
foreign Dominions
, are very little to the Purpose; because what is prudent at
one Time
may not be prudent at
all Times
. Besides, I presume,
this Author
will not insist upon a
Vote of Parliament
as an unanswerable Argument in it self for the Wisdom, or Reasonableness of any Measure.
The Defeat of the
Spanish Fleet
in the Mediterranean
, if I mistake not, was voted by Parliament a
wise
and
just Action
; and yet our
Ministers
seem to have quite different Sentiments of it, at present.
The
Considerer
puts the Dominions of
Hanover
upon the same Foot with all other Dominions in
Allyance
with us; and from thenc argues that they have an equal Right to our Protection; especially if they were attack'd out of Resentment for his Majesty's Conduct as King of
Great Britain
. But, even supposing This to be the Case, are they not a Weight upon the Strength of
England
? Are they not a constant Pledge, as it were, in the
Emperor's
Hands; which may tempt Him, at any Time, to insist upon high Terms? Or would it be in his Power to molest us at all, if it were not for
these Dominions
?
The
Author
speaks out at last, and tells us very plainly that though
there is no formal Allyance between
Great Britain
and
Hanover
(the Quality of
King
and
Elector
residing in the same Person) yet the
Union
between the two Governments, and the Obligations of
mutual Defence
and
Guaranty
are as strongly and necessarily imply'd, as the most formal Treaties and Conventions could possibly make them.
What
Union
of the two Governments
can the
Author
possibly mean? Though We have the Happiness of living under the
same Prince
, I thank God, We do not live under the
same Form of Government
. Ours is
limited
; theirs is
absolute
; and whilst this Difference subsists, there can be no
Union
between them. But if the
Obligations of
mutual Defence
and
Guaranty
are as strongly and necessarily imply'd as the most formal Treaties and Conventions could possibly make them
; I should be glad to be inform'd what Effect that excellent Provision in the
Act of Settlement
can ever have, which was made
to secure us from the Danger and Expence of Wars, on Account of any Dominions, not belonging to the Imperial Crown of these Kingdoms
.
The single Question is (as our Author
states it Himself)
whether the Continuance of the
Hessian
Troops, in the Pay of
Great Britain,
be for the Honour and Interest of the King and this Kingdom
; which, I hope, hath been fairly examined in the preceding Pages.
The only Observation, that I shall make farther, is, that though
our Author desires this Controversy may be confin'd to the true Merits of the Question, without any Misrepresentations
; yet He concludes with the basest Reflection on
those Gentlemen
, who differ from Him in this Measure, as Persons,
who are really grieved, not that We have any Thing to do with
Hanover Dominions,
but that We have any Thing to do with the
Elector of Hanover.
As infamous as the Design of this Reflection is, I will venture to say there are multitudes of Persons, in this Kingdom, zealously affected to the
Elector of Hanover
, who heartily wish that
We had nothing to do with the
Hanover Dominions; but We must always expect these mean Arts from Men, who want better Arguments; for as
no Bishop, no King
was the Cant-Expression of one Reign; it is now turn'd into
no Wle, no House of Hanover
!
But We trust in his Majesty's Wisdom, that He will not only separate the
Royal Character
from the
Minister
, but likewise consider Himself in a
double Capacity
, as King of
Great Britain
and Elector of
Hanover
. He will have the Goodness to excuse the laudable Partiality of
Englishmen
towards their
own Country
, and not make the Case of
Twelve Thousand Hessians
(which They may apprehend to be an useless Burthen upon them) the only Criterion of Loyalty to his Person and Affection to his Government.
FINIS.
A Venice Looking-Glasse: OR, A LETTER VVRITTEN very lately from
London
to
Rome
, by a
Venetian Clarissimo
to Cardinal
Barberino
, Protector of the
English
Nation, touching these present distempers.
Wherein, as in a true
Mirrour,
England
may behold her owne spots, wherein she may see, and
fore-see,
her Follies pass'd, her present Danger, and
future
Destruction
. Faithfully rendred out of the
Jtalian
into
English
.
Fas est, & ab hoste doceri
.
Printed in the yeare, 1648.
THE
TRANSLATOR
TO HIS COUNTRY.
O
England
, (specially thou besotted City of
London
) if thou bee'st not past cure, or grown carelesse and desperat of thy selfe, be warn'd by this Stranger, who, having felt thy pulse, and cast thy water very exactly, discovers in thee symptomes of inevitable ruine. Divers of thy owne Children have oftentimes admonish'd thee with teares in their eyes, and terror in their hearts, to recollect thy selfe, but they have been little regarded: Let a
Forreiners
advice then take place, and make some impressions in thee, to prevent thy utter destruction.
TO HIS
EMINENCE
,
The Lord
FRANCISCO BARBERINI
, Cardinal of the most holy Apostolick See, and Protector of the
English
Nation, at his Palaces in
Rome
.
MY last to your Eminence was but short, in regard I had been but a short time in this Countrey, I have now made a longer sojourn here, and taken a leisurely information of all matters; therefore I shal give your Eminence an account proportionably: For by conversation with the most indifferent, and intelligenc'd men, and by communication with the Ambassadors here resident, I have taken some paines to pump out the truth of things.
I find, that angry star, which hath lowr'd so long upon
Eu rope
in generall, hath been as predominant, and cast as direfull aspects upon this poor Iland, as upon any other part: Truly, my Lord, in all probability this people have pass'd the Meridian of their happinesse, and begin to decline extreamly, as well in
Repute
abroad, as also in the common notions of
Religion
, and indeed in the ordinary faculty of
Reason
: I think verily the Ill Spirit never reign'd so much in any corner of the earth by those inhumane and horid things that I have observ'd among them, Nor is it a petty Spirit, but one of the greatest Cacodæmons that thus drives them on, and makes them so active in the pursuance of their own perdition.
To deduce matters from their Originall, Your Eminency may please to understand, that this King at his accesse to the Crown had deep debts to pay, both of His Fathers, and his own, he was left ingaged in a fresh warre with
Spain
; and had another presently after with
France
, and both at one time, but he came off well enough of those: Afterwards never any Countrey flourished in that envied happinesse, and wanton kind of prosperity; This City of
London
was grown to be the greatest Mart, and mistresse of Trade, of any in the world, Insomuch, as I have been certainly inform'd, the King might have eaten meerly upon His customes 4000 crownes a day: Moreover, she had a vast bank of money being made the
scale
of conveying the King of
Spaines
treasure to
Flanders
: Insomuch that in a few yeers she had above ten millions of his moneys brought hither, which she might have remitted in
specie
or in marchandize, and for which this King had five in the hundred for coynage: Yet could he not get beforehand with the world, having a sister with so many Nephews and neeces, having a Queen with diverse children of His own, (at least 16 of the Blood-Royall) to maintaine, with divers profuse Courtiers besides, which made Him more parsimonious then ordinary. The Warres then growing more active 'twixt
Spaine
and
France
, as also 'twixt
Holland
and
Spaine
both by Land and Sea, and divers great Fleets of Men of War as well
French
(who were growne powerfull that way) as
Dunkerkers, Spaniards, Hollanders
, and
Hamburgers
, appearing daily in His narrow Seas, and sayling close by His
Chambers
, the world wondred this King had no greater strength at Sea, in case that any of the foresaid Nations should doe him an affront, as some of them had already done, by denying to dash their Colours to His Ships: Insomuch that in
Holland
and other places he was pasquill'd at, and pourtrayed lying in his cradle lullaby'd and rock'd asleep by the Spaniard: Hereupon being by advertisements from His Agents abroad, and frequent advice of His Privie Councell at home, made sensible of the danger, and a kind of dishonour he was falne into, and having intelligence that the French Cardinall began to question his title to the Dominion of the Narrow Seas, considering He employed no visible power to preserve it, He began to consult of meanes to set forth a Royall Fleet: but in regard the Purse of the Crowne was lightly ballasted, and that he had no mind to summon the three Estates, because of some indignities he had received in former Parliaments by the
Puritan
party, (a race of people averse to all Kingly Government, unlesse they may pare it as they please) his then Atturney Generall, a great cryed-up-Lawyer, put it in his Head to impose an old Tax called
Ship-mony
upon the Subject, which the said Lawyer did warrant upon his life to be Legall, for he could produce diverse Records how many of his Progenitors had done the like: The King not satisfied with his single opinion, referred it to His Learned Councell, and they unanimously averred it to be agreeable to the Law of the Land; yet this would not fully satisfie the King, but He would have the Opinion of His twelve Judges, and
they
also affirmed by their severall vouches the said Tax to be warrantable; Hereupon it was imposed and leavied, but some refusing to pay it, there was a suite commenc'd, during which all the Judges were to re-deliver their opinions joyntly, and the businesse being maturely debated and canvased in open Court divers months, and all arguments produc'd
pro & con
, nine of the said twelve Judges concluded it Legal: Thereupon the King continued the imposition of the said Tax, and never was money imployed so much for the Honour and advantage of a Countrey, for he sent out every Summer a Royall fleet to scowre and secure the Seas; he caused a Galeon to be built, the greatest and gallantest that ever spread saile: Nor did he purse up, and dispose of one peny of this money to any other use, but added much of his own Revenues yeerly thereunto: So the world abroad cried up the King of
England
to be awake againe;
Trade
did wonderfully encrease, both Domestic and forrein in all the three Kingdomes;
Ireland
was reduced to an absolute Settlement, the Arreares of the Crown payed, and a considerable Revenue came thence cleerly to the Exchequer of
England
every year, the salaries of all Officers, with the pay of the standing Army there, and all other Charges being defrayed by
Ireland
her self, which was never done before. Yet for all this height of happinesse, and the glorious fruites of the said Ship-money, (which was but a kind of petty insensible Tax, & a thing of nothing to what hath happened since) there were some foolish people in this Land which murmured at it, and cryed out nothing else but a Parliament, a Parliament; and they have had one since with a vengeance.
But before this occasion, it was observed, that the seedes of disobedience, and a spirit of insurrection was a long time engendring in the hearts of some of this peace-pampred People, which is conceived to proceed from their conversation and comerce with three sorts of men,
viz.
the
Scot
, the
Hollander
and the
French Huguenot
. Now an advantage happened that much conduced to necessitate the convoking of a Parliament, which was an ill-favoured traverse that fell out in
Scotland
; For the King intending an Uniformity of Divine worship in all His three Kingdomes, sent thither the
Lyturgie
of this Church, but it found cold and coorse entertainment there, for the whole Nation, men, women and children rise up against them: Hereupon the King absolutely revoked it by Proclamation, wherein He declared 'twas never His purpose to presse the practice thereof upon the Consciences of any; therefore commanded that all things should be in
statu quo prius
, but this would not serve the turn, the
Scot
took advantage hereby to destroy
Hierarchy
, and pull down Bishops to get their demeanes: To which purpose they came with an Army in open Field against their own Native King, who not disgesting this indignity, Mustred another
English
Army; which being upon the confines of both Kingdomes, a kind of Pacification was plaistred over for the present. The King returning to
London
, and consulting His second thoughts, resented that insolency of the
Scots
more then formerly: Hereupon He summons a Parliament, and desires aid to Vindicat that Affront of the
Scot
. The
Scot
had strong Intelligence with the Puritan Faction in the
English
Parliament, who seemed to abet his quarell, rather then to be sensible of any nationall dishonour received from him; which caused that short-lived Parliament to dissolve in discontent, and the King was forced to finde other meanes to raise and support an Army by private Loanes of His Nobler sort of Subjects and Servants: The
Scot
having punctuall Advertisments of every thing that passed, yea, in the Kings Cabinet Councell was not idle all this while, but rallies what was left of the former Army (which by the articles of Pacification should have been absolutely dismissed) and boldly invades
England
, which he durst never have done, if he had not well known that this Puritan Party which was now grown very powerfull here, and indeed had invited him to this expedition, would stand to him. This forrein Army being, by the pernicious close machinations of some mongrell
Englishmen
aforementioned, entred into the Bowels of the Country, the King was forced to call this present Parliament, with whom he complied in every thing, so far as to sacrifice unto them both Iudge, Bishop, Councellor and Courtier; yea, He yeilded to the tumbling down of many tribunalls of Justice, which were an ad vantage to his Prerogative; He assented that the Prelates, who were the most Ancient and Prime Members of the upper House, and had priority of all others, since the first constitution of Parliament in the enrollment of all Acts, He assented I say that these, who were the greatest prop of His Crown should be quite outed from among the Peers; He granted them also a
Trienniall
Parliament, and after that, this
Perpetuall
; which words, to the apprehension of any rationall man, carry with them a grosse absurdity in the very sense of the thing: And touching this last Grant, I had it from a good hand, that the Queen was a friend to this Parliament, and your Eminence knowes how they have requited Her since, but the maine open Councellor to this fatall Act was a
Scot
.
Now the reason which they alledged for this everlasting Parliament was one of the baldest that ever I heard of, it was, that they might have time enough to pay the
Scots
Army, whereas in one morning they might have dispatched that, by passing so many Subsidies for that use, and upon the credit of those, they might have raised what money they would.
The Parliament finding the King so pliable, and His pulse to beat so gently, like ill-natur'd men they fall from inches to ells in seeking their advantages: They grew so peremptory as to demand all the military strength of the Kingdom, the Tower of
London
, with the whole Royall Navy, which they found in an excellent equipage, gramercy shipmony; so that the benefit of Ship-mony, which they so clamoured at, turned most to their advantage of any thing afterwards.
The
Scot
being Fidler-like returned to his Country with meat, drink, and mony, the King went a while after to keep a Parliament there, wherein he filled every blank, they did but ask and have, for He granted them what possibly they could propound, both for their Kirk and State, many received Honour, and they divided Bishops Lands amongst them: for all which unparallel'd Concessions of Princely grace, they caused an Act already in force to be published,
viz.
that it should be damnable Treason in the highest degree that could be, for any of the Scots Nation conjunctly or singly to levy armes, or any military Forces, upon any pretext whatsoever, without His Majesties royall Commission; and this they caus'd to be don by way of gratitude, but how they perform'd it afterwards the world knowes too well.
The King returning to
London
, in lieu of a wellcom to his two Houses of Parliament (to whom also before his departure he had passed more Acts of Grace then all his Progenitors, take them all in a lump) they had patch'd up a kind of
Remonstrance
, which was voted in the dead of night, wherein they expos'd to the world the least moat in former government, and aggravated to the very height every grievance, all which the King had redressed before; and this
Remonstrance
, which breath'd nothing but a base kind of malice, they presented as a nosegay to their Soverain Prince, to congratulate his safe return from a forren Countrey; which they caus'd to be printed & publish'd before he could give any answer thereunto. The King finding such a virulent spirit still raign in the House, and knowing who were chiefly possess'd with it (whom he had impeach'd before, but saw he could get no justice against them) in such an extremity, he did an act like a generous Prince, for taking the
Palsgrave
with him, he took the first coach he met withall at his Court gate, and went to his House of Commons in person to demand five Members, which he would prove to be Traitors in the highest degree, and to be the Authors of all these distempers, protesting upon the word of a King, that they shold have as fair & legall a tryall as ever men had; in the interim he only desir'd that their persons might be secur'd: The walls of both Houses, and the very stones in London street did seem to ring of this high cariage of the Kings, and the sound went thence to the Countrey, whence the silly Plebeians came presently in whole heards to this City, and strowting up and down the streets, had nothing in their mouths, but that the priviledg of Parlement, the priviledg of Parlement was broken, though it be the known cleer Law of the Land, that the Parlement cannot supersede or shelter any treason.
The King finding how violently the pulse of the grosly seduced people did beat, and there having been formerly divers rio tous crues of base Mechaniques and Mariners, who had affronted both his own Court, and the two Houses besides, which the Commons, to their eternall reproach, conniv'd at, notwithstanding that divers motions were made by the Lords to suppresse them, the King also having private intelligence that there was a mischievous plot to surprize his person, remov'd his Court to the Countrey.
The King departing, or rather being
driven
away thus from his two Houses, by this mutinous City, he might well at his going away have obraided her in the same words as
Henry
the 3. did upbraid
Paris
, who being by such another tumultuous rabble driven out of her in the time of the
Ligue
, as he was losing sight of her, he turn'd his face back, and sayed,
Farewell ingratefull Cittie, I will never see thee again till I make my way into thee through thy Walls
: Yet, though the King absented himself in person thus from the two Houses, he sent them frequent messages, that they wold draw into Acts what he had already assented unto, and if any thing was left yet undon by him, he wold do it; therfore he will'd them to leave off those groundles feares and jealousies wherwith they had amus'd both Cittie and Countrey; and he was ready to return at all times to his Palace in Westminster, provided that his Person might be secur'd from the former barbarisms & outrages: But in lieu of a dutifull compliance with their Prince, the thoughts of the two Houses ran upon nothing but war: The King then retiring into the North, & thinking with a few of his servants only to go visit a Town of his, he was denied entrance by a fatall unlucky wretch, who afterwards was shamefully executed, with his eldest son, by command of his new Masters of the Parlement: The King being thus shut out of his own town (which open'd the first dore to a bloudy war) put forth a Declaration, wherein he warn'd all his people that they should look to their proprieties, for if
Hee
was thus barr'd of his owne, how could any private Subject be sure to be Master of any thing he had, and herein he was as much
Prophet
as
Prince
; For the Parlement-men afterwards made themselfs Land-Lords of the whole Kingdome, it hath been usuall for them to thrust any out of his freehold, to take his bed from under him, and his shirt from off his very back. The King being kept thus out of one of his townes, might well suspect that he might be driven out of another, therefore 'twas time for him to look to the preservation of his Person, and the Countrey came in voluntarily unto him by thousands to that purpose, but hee made choice of a few only to be his gard, as the
Parliamenteers
had don a good while before for themselfs: But now they went otherwise to worke, for they fell a levying, listing, and arming men by whole Regiments and Brigades till they had a verie considerable Army a foot, before the King had one Musqueteer or Trooper on his side: yet these men are so notoriously impudent, as to make the King the first Aggressor of the war, and to lay upon Him all the blood that was spilt to this day, wherein the Devill himself cannot be more shameles. The Parliamenteers having an army of foot and horse thus in perfect Equipage, 'twas high time for the King to look to himselfe, therefore he was forced to display his royall Standard, and draw his sword quite out: Thus a cruell and most cruentous civill war began which lasted neer upon foure yeers without
intermission
wherin there happen'd more battailes, sieges and skirmishes, then passed in the Netherlands in fourescore yeers, and herein the Englishmen may be said to get som credit abroad in the world, that they have the same blood running in their veines (though not the same braines in their sculls) which their Ancestors had, who were observed to be the activest peeple in the field, impatient of delay, and most desirous of battaile then any Nation.
But it was one of the greatest miracles that ever happen'd in this Land how the King was able to subsist so long against the Parlamenteers, considering the multiplicity of infinite advantages they had of him by water and land: for they had the
Scot
, the
Sea
and the
City
on their side; touching the first, he rushed in as an Auxiliary, with above 20000. Horse and Foot compleatly furnish'd both with small and great ammunition and arms, well cloth'd and money'd: For the second, they had all the Kings Ships well appointed, which are held to be the greatest security of the Island both for defence and offence, for every one of them is accounted one of the moving Castles of the Kingdome: besides they had all the other standing stone Castles, Forts, and tenable places to boot: Concerning the last, (viz. the City) therein they had all the wealth, bravery, and prime ammunition of England, this being the onely Magazin of men and money: Now if the King had had but one of these on his side, he had in all probability crush'd them to nothing: yet did he bear up strangely against them a long time, and might have don longer, had he kept the campane, and not spent the spirits of his men before Townes; had he not made a disadvantagious election of som Commanders in chief, and lastly, had he not had close
Traitors
within dores, as well as open
Rebells
without; for his very Cabinet Councell, and BedChamber were not free of such vermin, and herein the Parlementeers spent unknown sums and were very prodigall of the Kingdomes money.
The King, after many traverses of war, being reduced to a great streight by crosse successes and Counsells, rather then to fall into the hands of the Parlementeers, withdrew himselfe in a Servingmans disguise to the Scots army, as his last randevous, and this plott was manag'd by the French Agent then residing here; A man wold think that that Nation wol'd have deem'd it an eternall honor unto them to have their own King and Countreyman throw himself thus into their armes, and to repose such a singular trust in them upon such an Extremity: but they corresponded not so well with him as he expected, for though at first when the Parlamenteers sollicited their
deer Brethren
for a delivery of the Kings person unto them, their note was then, if any forren petty Prince had so put himself upon them, they could not with honor deliver him, much lesse their own Native King; yet they made a sacrifice of him at last for 800000. Crownes; whereupon
Bellieure
the French Ambassador being convoyed by a Troop of horse from the King towards London, to such a stand, in lieu of larges to the souldiers, he drew out an halfe crown peece, and asked them how many pence that was, they answered 30.
He replied, for so much did Judas betray his Master, and so he departed
And now, that in the cours of this Historicall Narration I have touch'd upon
France
, your Eminence may please to understand, that nothing allmost could tend more to the advantage of that King, then these commotions in England, considering that he was embark'd in an actuall war with the House of
Austria
and that this Iland did do
Spain
som good offices; among other, by transport of his treasure to Dunkerk in English bottomes, wherunto this King gave way, and somtimes in his own Galeons, which sav'd the Spainard neer upon 20. in the hundred, then if he had sent it by way of Genoa; so that som think, though France made semblance to resent the sad condition of her Neighbour, and thereupon sent the Prince of
Harcour
, and the foresaid Monsieur
Bellieure
to compose matters, yet she never really intended it, as being against her present interest and engagements: yet the world thinks it much that she shold publiquely receive an Agent from these Parlamenteers, and that the French Nobility who were us'd to be the gallantest men in the world to vindicate the quarrels of distressed Ladies, are not more sensible of the outrages that have bin offer'd a daughter of France, specially of
Henry the great's
.
But to resume the threed of my Narration, the King (and with him, one may say, England also) being thus bought and sold, the Parlamenteers insteed of bringing him to Westminster, which had put a Period to all distempers toss'd him up and downe to private houses, and kept the former Army still afoot: And truly I think there was never Prince so abus'd, or poor peeple so baffled, and no peeple but a purblind besotted peeple wold have suffred themselfs to be so baffled: for notwithstanding that no Enemy appeer'd in any corner of the Kingdom, yet above 20000. Tagaroons have bin kept together ever since to grind the faces of the poore, and exhaust the very vitall spirits of town and Countrey, and keep them all in a perfect slavery: Had the Parlement-men, when the Scots were gone, brought their King in a generous and frank way (as had well becom'd Englishmen) to sitt among them, and trusted to him (which of necessity they must do at last) as they had gain'd more honor far in the world abroad, so they had gain'd more upon his affections then I beleeve they will ever do hereafter.
But to proceed, the King having bin a good while prisoner to the Parlement, the Army snatch'd him away from them, and som of the chiefest Commanders having pawn'd their soules un to him to restore him speedily, in lieu thereof they tumbled him up and down to sundry places, till they juggled him at last to that small Ile where now he is surrounded with a gard of strange faces and if happly he beginns to take delight in any of those faces, he is quickly taken out of his sight. These harsh usages hath made him becom all gray and oregrown with hair, so that he lookes rather like som Silvan Satyr then a Soverain Prince: And truly my Lord the meanest slave in St.
Marks
gallies or the abiect's Captif in
Algier
bannier is not so miserable as he in divers kinds, for
they
have the comfort of their wifes, children and frends, they can convey and receive Letters, send
Messengers
upon their errands, and have privat discours with any; all which is denied to the King of great Britain, nay the young Princes his children are not permitted as much as to ask him blessing in a letter. In so much that if he were not a great King of his passions, and had a heart cast in an extraordinary Mould, these pressures & those base aspersions that have bin
publiquely
cast upon him by the Parlement it self, had bin enough to have sent him out of the world e're this, and indeed 'tis the main
thing
they drive at, to torture his brain and tear his very heartstrings if they could: so that wheras this foolish ignorant peeple speak such horrid things of our
Inquisition
, truly my Lord 'tis a most gentle way of proceeding being compar'd to this Kings persecutions.
As the King himselfe is thus in quality of a captif, so are all his Subjects becom perfect slaves, they have fool' themselfs into a worse slavery then
Jew
or
Greek
under the
Ottomans
, for they know the bottom of their servitude by paying so many Sultanesses for every head; but here, peeple are put to endles, unknowne, tyrannicall Taxes, besides
plundring
and
Accize
, which two words, and the practise of them (with
storming
of Townes) they have learnt of their pure brethren of Holland: and for
plundrings
, these Parlementeer Saints think they may robb any that adheres not to them as lawfully as the
Iewes
did the
Egiptians
: 'Tis an unsommable masse of money these Reformers have squandred in few yeers, whereof they have often promis'd and solemnly voted a publike account to satisfie the Kingdome: but as in a hundred things more, so in this pre cious particular they have dispens'd with their Votes: they have consumed more treasure with pretence to
purge
one Kingdome, then might have served to have
purchas'd
two; more (as I am credibly told) then all the Kings of England spent of the public stock since the
Saxon
Conquest: Thus have they not only begger'd the whole Iland, but they have hurld it into the most fearfull'st Chaos of confusion that ever poore Countrey was in; they have torne in pieces the reines of all Government, trampled upon all Lawes of heaven and earth, and violated the very Dictamens of nature, by making mothers to betray their sonnes, and the sonnes their fathers, but specially that great
Charter
, which is the
Pandect
of all the Lawes and Liberties of the freeborn Subject, which at their admission to the House they are solemnly sworn to maintaine, is torn in flitters: besides those severall Oaths they forg'd themselfs, as the
Protestation
and
Covenant
, where they voluntarily sweare to maintain the Kings Honor and Rights, together with the established Lawes of the Land, &c. Now I am told, that all Acts of Parlement here are Lawes, and they carry that Majestie with them, that no power can suspend or repeale them, but the same power that made them, which is the King sitting in full Parlement; these mongrell Polititians have bin so notoriously impudent as to make an inferior
Ordinance
of theirs to do it, which is point-blank against the very fundamentalls of this Government, and their owne Oaths, which makes me think that there was never such a perjur'd pack of wretches upon earth, never such Monsters of mankind.
Yet this simple infatuated peeple have a Saint-like opinion of these Monsters, this foolish Citie gards them daily with Horse and Foot, whereby she may be sayd to kisse the very stones that are thrown at her, and the hand whence they came, which a dogg wold not do: But she falls to recollect her self now that she begins to be pinch'd in Trade, that that her
Mint
is starv'd, and that the Prince commands both Sea and River: yet the leading'st men in her Common-Councell care not much for it, in regard most of them have left traffiqueing abroad, finding it a more easie and gainefull way of trading at home, by purchasing Church-lands, plunder'd goods, and debts upon the
Public Faith
; thus the Saints of this Iland
turn godlinesse into gaine
.
Truly my Lord, I give the English for a lost Nation, never was there a more palpable oblæsion of the brain, and a more visible decay of reason in any race of men: it is a strange judgement from heaven, that a peeple shold not be more sensible how they are becom slaves to Rebells, and those most of them the scumm of the Nation, which is the basest of miseries: how they suffer them to tyrannize by a meer
arbitrary
extrajudiciall power o're their very soules and bodies, o're their very lifes and livelihoods; how their former freedom is turn'd to fetters, Molehills into Mountaines of grievances,
Ship-money
into
Accize
, Justice into Tyranny: For nothing hath bin and is daily so common amongst them as imprisonment without charge, and a charge without an accuser, condemnation without apparance, and forfaitures without conviction.
To speak a little more of the King, if all the infernall fiends had ligu'd against him, they could not have designd & disgorg'd more malice: they wold have laid to his charge his fathers death, as arrand a lie as ever was hatch'd in hell: they wold make him fore-know the insurrection in Ireland, whereas the
Spanish
Ambassador here, & his Confessor who is very reverend Irish man, told me, that he knew no more of it then the grand
Mogor
did: they charge him with all the bloud of this civill warre, wheras they and their instruments were the first kindlers of it, and that first prohibited trade: they intercepted and printed his privat letters to his Queen, and hers to him, (Oh barbarous basenesse!) but therin they did him a pleasure, though the intent was malitious, their aym in all things being to imbitter and envenom the hearts of his peeple towards him; and this was to render him a glorious and well-belov'd Prince, and for making him rich, all which they had vow'd to do upon passing the Act of Continuance, they have made him poorer then the meanest of all his vassalls, they have made him to have no propriety in house, goods, or Lands, or as one may say, in his wife and children: 'Twas usuall for the father to hunt in his Park while the son hunted for his life in the field, for the wife to lye in his bedds, while the husband layed wait to murther him abroad; they have seiz'd upon and sold his privat Hangings and Plate, yea his very Cabinets, Jewells and Pictures.
Nor are they the honorablest sort of peeple, and men nobly extracted (as in Scotland) that do all this, (for then it were not so much to be wondred at) but they are the meanest sort of Subjects, many of them Mechaniques, whereof the lower House is full; specially the subordinate Committees, who domineer more ore Nobles and Gentry, then the Parliament-Members themselfs their Masters.
Touching those few Peers that sit now voting in the upper House, they may be sayed to be but meer Cyphers, they are grown so degenerate as to suffer the
Commons
to give them the Law, to ride upon their backs, and do most things without them: There be many thousand Petitions that have been recommended by these Lords to the lower House, which are scornfully thrown into corners and never read; their Messengers have us'd to dance attendance divers houres and dayes afore they were vouchsafed to be let in or heard, to the eternall dishonor of those Peers and yet poor spirited things they resent it not: The Commons now command all, and though, as I am inform'd, they are summon'd thither by the Kings Originall Writt but to
consent
to what the King and his great Counsell of Peers (which is the true Court of Parlement) shall resolve upon; They are now from
Consenters
becom the chiefest
Counsellors
yea
Controwlers
of all; nay som of this lower House fly so high as to term themselfs
Conquerors
, and though in all conferences with the Lords they stand bare before them, yet by a new way of mix'd Committees they cary themselfs as
Collegues
: These are the men that now have the vogue, and they have made their Priviledges so big swoln, that they seem to have quite swallowed up both the Kings Prerogatives, and that of the Lords: These are the Grandees, and
Sages
of the times, though most of them have but crack'd braines and crazy fortunes; Nay som of them are such arrand Knaves and coxcombs, that 'tis questionable whither they more want common honesty, or common sense; nor know no more what belongs to true policy then the left legg of a joint-stoole: They are grown so high a tiptoes, that they seem to scorn an Act of Amnestia, or any grace from their King, wheras som of them deserve to be hang'd as oft as they have haires upon their heads; nor have they any more care of the common good of
England
then they have of
Lapland
, so they may secure their persons, and continue their Power and Authority, is sweet, though it be in Hell. Thus, my Lord, is England now govern'd, so that 'tis an easy thing to take a prospect of her ruine; The Scot is now the rising man, who is the third time struck into her bowells with a numerous Army: They say he hath vow'd never to return till he hath put the Crown on the Kings head, the Scepter in his hand, and the sword by his side; if he do so, it will be the best thing that ever he did, though som think that he will never be able to do England as much good as he hath don her hurt; He hath extremely outwitted the English of late yeers: And they who were the causers of his first and last coming in, I hold to be the most pernicious Enemies that ever this Nation had; for 'tis probable that
Germany
will be sooner free of the
Swed
, then
England
of the
Scot
, who will stick close unto him like a burr, that he cannot shake him off; He is becom allready Master of the Englishmans soul, by imposing a religion upon him, and he may hereafter be master of his body.
Your Eminence knowes there is a periodicall fate hangs over all Kingdoms after such a revolution of time, and rotation of fortunes wheele; the cours of the world hath bin, for one Nation, like so many nailes, to thrust out another; But for this Nation, I observe by conference with divers of the saddest and best weighdst men among them, that the same presages foretell their ruine as did the
Israelites
of old, which was a murmuring against their Governors; It is a long time that both
Judges Bishops
, and
privy Counsellors
have bin mutter'd at, wherof the first shold be the oracles of the
Law
, the other of the
Gospell
, the last of
State-affaires
, and that our judgments shold acquiesce upon theirs; Here as I am inform'd; 'twas common for evry ignorant client to arraign his Judg; for evry puny Clerk to censure the Bishop; for evry shallow-brain home-bred fellow to descant upon the results of the Councell Table: and this spirit of contradiction and contumacy hath bin a long time foment ing in the minds of this peeple, infus'd into them principally, by the Puritanicall Faction. Touching the second of these (I mean Bishops) they are grown so odious (principally for their large demeanes) among this peeple, as
Monks
were of old, and one may say it is a just judgment fallen upon them, for they were most busy in demolishing
Convents
and
Monasteries
, as these are in destroying
Cathedralls
and
Ministers
; But above all, it hath bin observ'd that this peeple hath bin a long time rottenhearted towards the splendor of the Court, the very glory of their King, and the old establish'd Government of the land: 'Tis true there were a few small leakes sprung in the great vessell of the State, (and what vessell was ever so tite but was subject to leakes?) but these wiseakers in stopping of one have made a hundred: Yet if this Kings raign were parallell'd to that of Queen
Elizabeth's
, who was the greatest Minion of a peeple that ever was, one will find that she stretch'd the Prerogative as much: In her time as I have read in the Latin Legend of her life, som had their hands cut off for writing against her matching with the Duke of
Aniou
, others were hang'd at Tyburn for traducing her government; she pardon'd thrice as many Roman Priests as this King did, she pass'd divers Monopolies, she kept an Agent at Rome, she sent her Sargeant at Armes to pluck out a Member then sitting in the House of Commons by the eares, and clap'd him in prison; she call'd them sawcy fellowes to meddle with her
Prerogative
, or with the government of her houshold, she mannag'd all forren affaires, specially the warrs with
Ireland
soly by her privy Counsell; yet there was no murmuring at her raign, and the reason I conceave to be, that there was neither Scot or Puritan had then any stroke in
England
.
Yet, for all their disobedience and grumblings against their Liege Lord the King, this peeple are exactly obedient to their new Masters of the House of the House of Commons, though they sit there but as their
Servants
and entitle themselfs so; and also though in lieu of the small scratches which, England might happily have receiv'd before (all which the King had cur'd) these new Masters have made such deep gashes in her, and given her such deadly wounds that I believe are incurable.
My Lord, I find by my researches, that there are two great Idolls in this Kingdome the greatest that ever were, they are the
Parliament
and the
Pulpit
; 'tis held a kind of blasphemy, if not a sin against the Holy Ghost to speak against the one, and the whole body of Religion is nailed unto the other, for there is no devotion here at all but preaching, which God wot is little better then prating. The abuse of these two hath bin the source of all the distempers which now raign: touching the latter, it hath serv'd as a subservient Engin to prop up the power and popularity of the first; these malicious Pulpit-men breath out nothing thence but either sedition, schisme or blasphemy; poor shallow brain'd Sciolists, they would question many things in the old Testament, and find Apocrypha in the New: And such is the violence wherewith the minds of men and women are transported towards these Preachmen, and no other part of devotion besides, that in all probability they will in time take a surfet of them: so that give this giddy peeple line enough there will be no need of
Catholique
Arms to reduce them to the Apostolic Church, they will in time pave the way to it themselves, and be glad to return to
Rome
to find out a Religion again.
There was here before, as I am informed, a kind of a face of a Church, there were some solemnities, venerations and decencies us'd that a man might discover some piety in this peeple; there was a publick Liturgie that in pithy Patheticall prayers reach'd all occasions; the Sacraments were administred with some reverence, their Churches were kept neat and comly; but this nasty race of miscreants have nothing at all of sweetnesse, of piety and devotion in them; 'tis all turn'd to a fatuous kind of more zeal after learning, as if Christianity had no sobriety, consistence, or end of knowledg at all: These silly things, to imitate the Apostles time, wold have the same form of discipline to govern whole Nations, as it did a chamberfull of men in the infancy of the Church they wold make the same coat serve our Saviour at 30. yeers, which fitted him at three: Tis incredible how many ugly sorts of heresies they daily hatch, but they are most of them old ones newly furbish'd; they all relate to
Aerius
, a perfect hater of Bishops, because he could not be one himself. The two Sectaries which sway most, are the
Pres byterians
and
Independents
, the
Presbyterian
is a spawn of a
Puritan
, and the
Independent
a spawn of the
Presbyterian
: there's but one hop 'twixt the first and a
Iew
, and but half a hop 'twixt the other and an
Infidell
; they are both opposite to Monarchy and Hierarchy; and the latter would have no Government at all, but a parity and promiscuous confusion, a race of creatures fit only to inhabit Hell: and one of the fruits of this blessed Parlement, and of these two Sectaries is that they have made more Jewes and Athiests then I think there is in all Europe besides; but truly my Lord I think the judgments of Heaven were never so visible in any part of the Earth, as they are now here, for there is Rebell against Rebell, House against House, Cittie against Army, Parlement against Scot, but these two Sectaries, I mean the
Presbyterian
and
Independent
, who were the fire-brands that put this poor Iland first in a flame, are now in most deadly feud one against the other (though they both concur in this to destroy government:) And if the King had time enough to look only upon them, they would quickly hang, draw, and destroy one another.
But indeed all Christian Princes shold observe the motions & successes of these two unlucky Incendiaries, for if they shold ligue together againe (as they have often plaid fast and loose one with another) and prevail here, this Iland wold not terminate their designes, they wold puzzle all the world besides. Their Preachmen ordinarily cry out in the Pulpit, there is a great work to be done upon earth, for the reforming all mankind, and they are appointed by Heaven to be the chief Instruments of bringing it about: They have already bin so busie abroad, that (with vast sommes of money) they brought the
Swed
upon the
Dane
, and the very Savages upon the English Cavalier in
Virginia
; and could they confederat with
Turk
, or
Tartar
, or Hell it self against them, they wold do it: they are monstrously puff'd up with pride, that they stick not to call themselfs
Conquerors
; and one of the chief ringleaders of them, an ignorant home-bred kind of
Brewer
, was not ashamed to vaunt it publiquely in the Commons House, that if he had but 20000. men, he wold undertake to march to
Constantinople
, and pull the
Ottoman
Emperour out of his throne.
Touching the other grand Idoll the
Parlement
, 'tis true that the primitive constitution of Parlement in this Iland was a wholsome peece of policy, because it kept a good correspondence, and clos'd all ruptures 'twixt the King and his people, but this thing they call Parlement now, may rather be term'd but a cantle of one, or indeed a
Conventicle
of Schismatiques, rather then a great Counsell; 'tis like a kind of headlesse Monster, or som ectropiated carkas; for there is neither King nor Prelate, nor scarce the seventh part of Peers and Commons; no not the twelfth part fairely elected; neverthelesse they draw the peeple, specially this City, like so many stupid animalls, to adore them.
Yet though this institution of Parlement be a wholsom thing in it self, there is in my judgment a great incongruity in one particular; and I believe it hath bin the cause of most distempers; It is, That the
Burgesses
are more in number then the
Knights
of
Shires
; for the
Knights
of the
Shires
are commonly Gentlemen well born, and bred, and vers'd in the Lawes of the Land, as well as forren governments, divers of them; but the
Burgesses
of Townes are commonly Tradesmen, and being bred in Corporations, they are most of them inclining to
Puritanism
, and consequently to popular government; these, exceeding the
Knights
in number, carry all before them by plurality of Voices, and so puzzle all: And now that I have mentioned
Corporations
, I must tell your Lordship, that the greatest solœcism in the policy of this Kingdom, is the number of them; especially this monstrous City, which is compos'd of nothing els but of
Corporations
; and the greatest errors that this King, specially his Father committed, was to suffer this town to spread her wings so wide; for she bears no proportion with the bignesse of the Iland, but may fit a Kingdom thrice as spacious; she engrosseth and dreines all the wealth and strength of the Kingdom; so that I cannot compare
England
more properly then to one of our
Cremona
geese, where the custom is, to fatten onely the heart, but in doing so the whole body growes lank.
To draw to a conclusion, This Nation is in a most sad and desperate condition, that they deserved to be pittied, and preserved from sinking, and having cast the present state of things and all interests into an equall balance, I find, my Lord there be three waies to do it, one good, and two bad:
1. The first of the bad ones is the
Sword
, which is one of the scourges of heaven, especially the
Civill sword
.
2. The second bad one is the Treaty, which they now offer the King in that small Iland where he hath bin kept Captif so long, (in which quality the world will account him still while he is detain'd there) and by that Treaty to bind him as fast as they can, and not trust him at all.
3. The good way is, in a free confiding brave way (Englishmen-like to send for their King to London, where City, and Countrey shold petition him to summon a new and free full Parlement, which he may do as justly as ever he did thing in his life, these men having infring'd as well all the essentiall Priviledges of Parlement, as ev'ry puntillio of it, for they have often risen up in a confusion without adjournment, they had two Speakers at once, they have most perjuriously and beyond all imagination betrayed the trust both King and Countrey repos'd in them, subverted the very fundamentalls of all Law, and plung'd the whole Kingdom in this bottomlesse gulf of calamities: another Parlement may happly do som good to this languishing Iland, and cure her convulsions, but for these men that arrogat to themselfes the name of Parlement (by a locall puntillio only because they never stirr'd from the place where they have bin kept together by meer force) I find them by their actions to be so pervers, so irrational and refractory, so far given over to a reprobat sense, so fraught with rancor, with an irreconcileable malice and thirst of bloud, that
England
may well despaire to be heal'd by such Phlebotomists, or Quacksalvers; besides they are so full of scruples, apprehensions, and jealousies proceeding from black guilty soules, and gawl'd consciences, that they will do nothing but chop Logic with their King, and spin out time to continu their power, and evade punishment, which they think is unavoydable if there should be a free Parlement.
Touching the King he comports himself with an admired temper'd equanimity, he invades and o'remasters them more and more in all his answers by strength of reason, though he have no soul breathing to consult withall, but his owne Genius: he gaines wonderfully upon the hearts and opinion of his peeple, and as the Sun useth to appear bigger in winter, and at his declension in regard of the interposition of certain meteors 'twixt the eye of the beholder and the object, so this King being thus o'reclouded and declined shines far more glorious in the eyes of his peeple; and certainly these high morall vertues of constancy, courage and wisdom com from above; and no wonder, for Kings as they are elevated above all other peeple and stand upon higher ground, they sooner receave the inspirations of heaven; nor doth he only by strength of reason outwit them, but he wooes them by gentlenes and mansuetude; as the Gentleman of Paris who having an Ape in his house that had taken his only child out of the cradle, and dragged him up to the ridge of the house, the parent with ruthfull heart charmed the Ape by faire words and other blandishments to bring him softly down, which he did; England may be said to be now just upon such a precipice, ready to have her braines dasht out, and I hope these men will not be worse natur'd then that brute animal, but will save her.
Thus have I given your Eminence a rough account of the state of this poor and pittifully deluded peeple, which I wil perfect when I shall com to your presence, which I hope will be before this Autumnall Equinox; I thought to have sojourn'd here longer, but that I am growne weary of the clime, for I feare there's the other two scourges of heaven that menace this Iland, I mean the famin and pestilence, especially this City, for their prophanenes, rebellion and sacriledge: it hath bin a talk a great while whether
Anti-Christ
be com to the world or no, I am sure
Anti-Jesus
, which is worse, is among this peeple, for they hold all veneration, though voluntary proceeding from the inward motions of a sweet devoted soule, and causing an outward genuflexion, to be superstitious, insomuch that one of the Synodicall Saints here printed and published a Book entitling it against
Iesu Worship
.
So in the profundest posture of reverence I kisse your vest, being My Lord, Your Eminences most humbly devoted,
J. B. C.
London this 16. of August,
Stylo loci
, 1648.
Killing, No Murder:
WITH SOME
ADDITIONS Briefly Discourst
In Three QUESTIONS
, Fit for Publick View; To deter and prevent
Single Persons
, and
Councils
, from Usurping Supream Povver.
By
WILLIAM ALLEN
.
And all the People of the Land rejoyced; and the City was quiet, after that they had slain
Athaliah
with the Sword
, 2 Chron. 23.21.
Now after the time that
Amaziah
did turn away from following the Lord, they made a Conspiracie against Him in
Jerusalem,
and He fled to
Lachish:
but they sent to
Lachish
after Him, and slew Him there
, 2 Chron. 25.27.
London
, Printed MDCLIX.
KILLING NO MURDER
. Briefly Discourst in Three Questions.
By
WILLIAM ALLEN
.
And all the People of the Land rejoyced; and the City was quiet after that they had slain
Athaliah
with the Sword
, 2 Chron. 23.21.
Now after the time that
Amaziah
did turn away from following the Lord, they made a Conspiracie against Him in
Jerusalem,
and he fled to
Lachish:
but they sent to
Lachish
after him, and slew him there
, 2 Chron. 25.27.
To his Highness, OLIVER CROMWEL.
May it please your Highness
,
HOw I have spent some hours of the leisure your Highness hath bin pleased to give me, this following Paper will give your Highness an accompt. How you will please to interpret it, I cannot tell; but I can with confidence say, my intention in it is, to procure your Highness that justice no body yet does you, and to let the people see the longer they defer it, the greater injury they do both themselves and you: To your Highnes justly belongs the honour of dying for the people; and it cannot choose but be unspeakable consolation to you in the last moments of your life, to consider, with how much benefit to the world your are like to leave it. 'Tis then onely (my Lord) the Titles you now usurp will be truly yours, you wil then be indeed the Deliverer of your Country, and free it from a Bondage little inferiour to that from which
Moyses
delivered his. You will then be that true Reformer, which you would be thought. Religion shall be then restored, Liberty asserted, and Parliaments have those priviledges they have fought for. We shall then hope that other Laws will have place besides those of the Sword, and that Justice shall be otherwise desin'd then the will and pleasure of the strongest, and we shall then hope men will keep Oaths again, and not have the necessity of being false and perfidious to preserve themselves, and be like their Rulers. All this we hope from your Highness happy expiration, who are the true Father of your Countrey; for while you live, we can call nothing ours, and it is from your death that we hope for our Inheritances. Let this consideration arm and fortifie your Highnesses mind against the fears of death, and the terrours of your evil Conscience, that the good you will do by your death, will something ballance the evils of your life. And if in the black Catalogue of High Malefactors few can be found that have lived more to the affliction and disturbance of Mankind, then your Highness hath done, yet your greatest Enemies will not deny but there are likewise as few that have expired more to the universal benefit of Mankind then your Highness is like to do. To hasten this great good, is the chief end of my writing this Paper, and if it have the effects, I hope it will, your Highness will quickly be out of the reach of mens malice, and your enemies will onely be able to wound you in your memory, which strokes you will not feel. That your Highness may be speedily in this security, is the universal wishes of your grateful Countrey. This is the desires and prayers of the good & of the bad, and it may be is the only thing wherein all Sects and Factions do agree in their devotions, and is our onely common prayer. But amongst all that put in their Requests, and Supplications for your Highnesses speedy deliverance from all Earthly Troubles, none is more assiduous, nor more fervent then he, who with the rest of the Nation hath the Honour to be
May it please your Highness
, Your Highness present Slave and Vassal
W. A.
IT is not any Ambition to be in Print, when so few spare Paper and the Presse; nor any instigations of private revenge or malice (though few that dare be honest now want their causes) that have prevailed with me to make my self the Authour of a Pamphlet, and to disturb that Quiet which at present I enjoy, by his Highness great favour and
Cato
said of
Pompey,
It was alike Treason in him to usurp the giving him his life, as to take it away
.
injustice. Nor am I ignorant to how little purpose I shall imploy that time and pains, which I shall bestow upon this Paper. For to think that any reasons or perswasions of mine, or conviction of their own, shall draw men from any thing wherein they see profit or security, or to any thing wherein they fear loss, or see danger, is to have a better opinion both of my self and them, then either of us both deserve.
Besides, the subject it self is of that nature, that I am not only to expect danger from ill men, but censure and disallowance from many that are good; for these opinions only lookt upon, not lookt into, (which all have not eyes for) will appear bloody and cruel; and these compellations I must expect from those that have a zeal, but not according to knowledge: If therefore I had considered my self, I had spared what ever this is of pains, and not distasted so many, to please so few, as are in mankind, (the honest and the wise.) But at such a time as this, when God is not onely exercising us with a usual and common calamity, of letting us fall into slavery that used our liberty so ill; but is pleased so far to blind our understandings, and to debase our spirits, as to suffer us to court our bondage, and to place it among the requests we put up to him; Indignation makes a man break that silence that prudence would perswade him to use; if not to work upon other mens minds, yet to ease his own.
A late Pamphlet tells us of a great design discovered against the person of his Highness, and of the Parliaments coming (for so does that Junto profane that name) to congratulate with his Highness, his happy deliverance from that wicked and bloody attempt. Besides this that they have Ordered, that God Almighty shall be mockt with a day of thanksgiving, (as I think the World is with the plot) and that the people shall give publique thanks for the publique calamity, that God is yet pleased to continue his Judgments upon them, and to frustrate all means that are used for their deliverance: Certainly, none will now deny, that the English are a very thankfull people. But I think if we had read in Scripture, that the Israelites had cryed unto the Lord, not for their own deliverance, but the preservation of their Task-masters, and that they had thanked God with Solemnity that
Pharaoh
was yet living, and that there was still great hopes of the daily encrease of the number of their Bricks: Though that people did so many things not onely impiously and profanely, but ridiculously and absurdly; yet certainly they did nothing we should more have wondered at, then to have found them Ceremoniously thankful to God for plagues, that were commonly so brutishly unthankful for mercies; And we should have thought that
Moses
had done them a great deal of wrong, if he had not suffered them to enjoy their slavery, and left them to their Tasks and Garlick.
I can with Justice say, my principal intention in this Paper is not to declaim against my L.
Protectour
or his Accomplices; for were it not more to justifie others, then to accuse them, I should think their own actions did that work sufficiently, and I should not take pains to tell the world what they know before. My design is, to examine whether if there hath been such a Plott as we hear of; and that it was contrived by Mr.
Sindercombe
against my
L. Protectour
, and not by my
L. Protectour
against Mr.
Sindercombe
(which is doubtful) whether it deserves those Epithites
Mr. Speaker
is pleased to give it, of bloody, wicked, and proceeding from the Prince of darkness. I know very well how uncapable the vulgar are, considering what is extraordinary and singular in every case, and that they judge of things, and name them by their exteriour appearances, without penetrating at all into their causes or natures. And without doubt when they hear the
Protectour
was to be kill'd, they streight conclude a man was to be murdered, not a malefactour punished: for they think the formalities do alwayes make the things themselves, and that 'tis the Judge and the Cryer that makes the justice, and the Goal the Criminal: And therefore when they read in the Pamphlet Mr.
Speaker's
Speech, they certainly think he gives these Plotters their right titles; and, as readily as a High-Court of Justice, they condemn them, without ever examing whether they would have killed a Magistrate, or destroyed a
See
Plutarch.
the Life of
Timolion,
cited in the Continuation of this Session of Parliament justified, lately printed
.
Tyrant, over whom every man is naturally a Judge and an Executioner; and whom the laws of God, of Nature, and of Nations expose, like Beasts of prey, to be destroyed as they are met.
That I may be as plain as I can, I shall first make it a question, (which indeed is none) Whether my
Lord Protectour
be a Tyrant or not? Secondly, if he be, Whether it is lawful to do Justice upon him without Solemnity,
that is
, to Kill him? Thirdly, if it be lawful, Whether it is like to prove profitable or noxious to the Common-wealth?
The Civil Law makes Tyrants of two sorts,
Tyrannus sine Tytulo
, and
Tirannus Exercitio
. The one is called a Tyrant, because he hath no right to govern; the other, because he governs Tyrannically. We will very briefly discourse of them both, and see whether the
Protectour
may not with great Justice put in his claim to both Titles.
We shall sufficiently demonstrate who they are that have not a right to govern, if we shew who they are that have; and what it is that makes the power just, which those that rule have over the natural liberty of other men. To Father, within their private Families nature hath given a Supreme power. Every man, sayes
Aristotle
,
Pol. l.
1. C. 1.
of Right governs his wife and children, and this power was necessarily exercised
Gen.
44.24.
every where, whilest Families lived disperst,
Arist. ibid.
before the constitutions of Common-wealths; and in many places it continued after, as appears by the Laws of
Solon
, and the most Ancient of those of
Rome
. And indeed as by the Laws of God
1
Tim.
5.8.
and nature, the care, defence, and support of the family lies upon every man whose it is; so by the same Law there is due unto every man from his Family a subjection and obedience, in compensation of that support. But several Families uniting themselvs together to make up one body of a Comon-wealth, and being Independent one of another, without any natural Superiority or Obligation, nothing can introduce amongst them a disparitie of Rule and Subjection, but some power that is over them; which power none can pretend to have but God and themselves. Wherefore all power which is lawfully exercised over such a Society of men, (which from the end of its institution we call a Common-wealth) must necessarily be derived either from the appointment of God Almighty, who is Supream Lord of all and every part; or from the consent of the Society it self, who have the next power to his, of disposing of their own liberty, as they shall think fit for their own good.
Vid.
Hooker.
Eccles. Pol. lib.
1.c. 10.
This power God hath given to Societies of men, as well as he gave it to particular
Ex.
215.
persons; and when he interposes not his own authority and appoints not himself who shall be his Vice-gerents and rule under him; he leaves it to none but the people themselves to make the election, whose benefit is the end of all government. Nay when he himself hath been pleased to appoint rulers for that people, which he was pleased peculiarly to own, He many times made the choice, but left the Continuation and Ratification of that choice to the people themselves. So
Saul
1
Sam.
10.2.
was chosen by God, and anointed King by his Prophet, but make King by all the people at
Gigal
.
1
Sam.
12.2
David
was anointed King
1
Sam.
16.14.
by the same Prophet, but was afterwards, after
Saul's
death, confirmed by the people of
Juda
,
2
Sam.
2.4.
and 7. years after by the Elders of
2
Sam.
5.3.
Israel
, the Peoples Deputies, at
Chebron
. And it is observable, that though they knew that
David
was appointed King by God, and anointed by his Prophet, yet they likewise knew that God allowed to themselves not only his confirmation, but likewise the limitation of his power; for before his Inauguration, they made a league
2
Sam.
5.3.
with him; that is, obliged him by compact to the performance of such conditions as they thought necessary for the
securing
their Liberty. Nor is it less remarkable, that when God gives directions to his people concerning their government, he plainly leaves the Form to themselves: for he sayes not, When thou shalt have come into the Land which the Lord thy God gives thee,
Statues super te Regem
; But,
Si
Deut.
17.14.
Dixeris statuam
. God sayes not, Thou shalt appoint a King over thee; But if thou shalt say, I will appoint; leaving it to their choice, whether they would say so or no. And it is plain in that place, that God gives the people the choice of their King, for he there instructs them whom they shall choose,
Emedium fratrum tuorum
, one out of the midst of thy brethren: Much more might we say, if it were a less manifest Truth that all just power of Government if founded upon these two bases, of Gods immediate command, or the Peoples consent. And therefore whosoever arrogates to himself that power, or any part of it, that cannot produce one of those two titles, is not a Ruler, but an Invader, and those that are subject to that power, are not governed, but opprest.
This being considered, have not the People of
England
much reason to ask the Protector this Question,
Quis constituit te virum Principem & judicem super nos
? Who made thee a Prince and a Judge over us? If God made thee, make it manifest to us. If the People, where did we meet to do it? Who took our Subscriptions? To whom deputed we our authority? And when and where did those Deputies make the choice? Sure these interrogations are very natural, and I believe would much trouble his Highness his Council, and his
Junto
to answer. In a word, that I may not tire my reader, (who will not want proofs for what I say, if he wants not memory) If to change the government without the peoples consent: If to dissolve their Representatives by force, and disannul their Acts: If to give the name of the Peoples Representatives to confederates of his own, that he may establish iniquity by a law: If to take away mens lives out of all course of Law, by certain Murtherers of his own appointment, whom he names
A High-Court of Justice
. If to decimate mens estates, and by his own power to impose upon the people what Taxes he pleases: And to maintain all by force of Arms: If I say all this does make a Tyrant, his own impudence cannot deny, but he is as compleat a one as ever hath been since there have been Societies of Men. He that hath done, and does all this, is the person for whose preservation the people of
England
must pray; but certainly if they do, 'tis for the same Reason that the old Woman of
Syracuse
prayd for the long life of the Tyrant
Dionysius
, lest the Devil should come next.
Now if instead of Gods Command, or the Peoples Consent, his Highness hath no other Title but force and fraud, which is to want all Title: And if to violate all Laws, and propose none to Rule by, but those of his own will, be to exercise Tyranny he hath usurpt, and to make his Administration conformable to his claym: Then the first Question we proposed, is a Question no longer.
But before we come to the second, being things are more Easily perceived and found by the description of their
Exteriour Accidents, and Qualities
, then the defining their Essences: It will not be Amiss to see, whether his Highness hath not as well the outward Marks and Characters by which Tyrants are known, as he hath their
Nature and Essential
properties: Whether he hath not the Skin of the Lyon, and Tayl of the Fox, as well as he hath the Violence of the one, and Deceipt of the other. Now in this Delineation which I intend to make of a Tyrant, all the Lineaments, all the Colours, will be found so Naturally to correspond with the life, that it cannot but be doubted, whether his Highness be the Original, or the Copy. Whether I have in drawing the Tyrant, represented him? or in Representing him, Exprest a Tyrant. And therefore I should be suspected to deal un-sincerely with his Highness, and not to have Applyed
These
following Characters, but made them, I shall not give you any of my own Stamping, but such as I find in
Plato, Aristotle, Tacitus
, and his Highness own
Evangelist, Machiavell
.
The marks of a Tyrant, Arist. Pol. lib. 5.c.10. vid. Mach. Discord. 1. c.40
1. Almost all Tyrants have been first Captains and Generals for the People; under pretences of vindicating, or defending their Liberties.
Ut Imperium evertant Libertatem præserunt; cum perverterunt, ipsam aggrediuntur
, sayes
Tacitus
;
An.lib. 16.
Idem alibi. Cæterum libertas & Speciosa nomina prætexuatur, noc quisquam alienum servitium, & Dominationem sibi concupivit, ut non eadem ista vocabula usurparet.
Mach. Discord. 2.c.13
to subvert the present Government, they pretend Liberty for the People; when the Government is down, they then Invade that Liberty themselves: this needs no Application.
2. Tyrants accomplish their ends much more by fraud than force. Neither vertue nor force (sayes Machiavel)
Il. princ. c.
9.
are so necessary to that purpose, as
una Astutia fortunata
, a Lucky craft: which sayes he,
Disc. l.
2. c. 13.
without force hath been often found sufficient, but never force without that. And in another place
Prin.c. 18. Arist. Pol. l. 5. c. 11. Plato de Repub. l. 8. ibid.
he tells us their way is
Aggirare Lucervelli degli huomini con Astutia, &c.
With cunning plausible pretences to impose upon mens understandings, and in the end they master those that had so little wit as to rely upon their faith and integrity. 'Tis but unnecessary to say, That had not his Highness had a faculty to be fluent in his tears, and eloquent in his execrations: Had he not had spungy eyes and a supple conscience; and besides to do with a people of great faith, but little wit; his courage and the rest of his Moral vertues, with the help of his Janizaries, had never been able so far to advance him out of the reach of Justice, that we should have need to call for any other hand to remove him, but that of the Hangman.
3. They abase all excellent persons, and rid out of the way all that have noble minds,
Et Terræ filius extollunt
; and advance Sons of the Earth. To put
Aristotle
into other words, they purge both Parliament and Army, till they leave few or none there, that have either honour or conscience, either wit,
Interest
, or Courage to oppose their designs. And in these Purgations (saith
Plato
)
Tyrants do quite contrary to Physitians; for they purge us of our humours, but Tyrants of our Spirits.
4. They dare suffer no Assemblies. Not so much as Horse-races.
5.In all places they have their Spies and Dilators, that is, they have their
Broughalls
, their
St. Joan's
(besides innumerable small spyes) to appear discontented and not to side with them; that under that disguise they may get trust, and make discoveries. They likewise have their Emissaries to send with forged letters. If any doubt this, let him send to Major General
Brown
, and he will Satisfie Him.
6. They Stir not without a guard, nor his Highness without his Life-guard.
7. They impoverish the people, that they may want the power, if they have the will, to attempt any thing against them. His Highness way is by Taxes, Excise, Decimations, &c.
Arist. Ibid. Arist. Ibid. Id. Ibid. & Plato de Repub. l. 9. Id. Ibid. Arist. Ibid. Machiev. Pr. cap. 19.
8. They make war to divert and busie the people: And besides, to have a pretence to raise moneys, and to make new Levies, if they either distrust their old forces, or think them not sufficient. The war with
Spain
serveth his Highness to this purpose, and upon no other Justice was it began at first, or is still continued.
9. They will seem to honour and provide for good men: That is, if the Ministers will be Orthodox and flatter: If they will wrest and torture the Scripture to prove his Government lawful, and furnish him with Title: his Highness will likewise be then content to understand Scripture in their favour, and furnish them with Tithes.
Machiavel
adds, And do grateful things themselves. But that I omit; for I really am unprovided of an instance for his Highness, for I have not yet heard of any good he has done himself
.
10. Things that are odious and distastfull, they make others executioners of; and when the people are discontented, they appease them with Sacrificing those Ministers they imploy: I leave it to his Highness his Major Generals
to
ruminate a little upon this point.
11. In all things they pretend to be wonderful careful of the Publique: to give general accompts of the money they receive, which they pretend to be levied for the maintenance of the State, and the prosecuting of the War. His Highness made an excellent Comment upon this place of
Aristotle
in his Speech to this Parliament.
12. All things set aside for Religious uses they set to sale; that while those things last, they may exact the less of the people. The Cavaliers would interpret this of the Dean and Chapters Lands.
13. They pretend inspirations from God, and responses from Oracles to Authorise what they do, his Highness hath been ever an Enthusiast. And as Hugh Capet, in taking the Crown pretended to be admonisht to it in a dream by St.
Vallery
, and St
Richard
: so I believe will his Highness do the same, at the instigation of St.
Henry
, and St.
Richard
his two Sons.
Plato
de Rep. b. lib.
8
Id. & Plut. passim
.
14. Lastly, Above all things they pretend a love to God and Religion. This
Aristotle
calls
Artium Tyrannicarum Potissimum
; the surest and best of all the Arts of Tyrants, and we all know his Highness hath found it so by experience.
Histor. of Fran. Ibid. lib.
5. c. 11
He hath found indeed that in goodness there is great gain; and that preaching and praying , well managed, will obtain other Kingdoms as well as that of Heaven. His indeed have been pious Arms, for he hath conquered most by those of the Church, by prayers, and
Preces & Lacrymæ sunt arma Ecclesiæ
.
tears. But the truth is, were it not for our honour to be governed by one that can manage both the Spiritual and Temporal Sword, and Roman like, to have our Emperor our High Priest: We might have had preaching at a much cheaper rate, and it would have cost us but our Tythes, which now costs us all.
Other Marks and Rules there are mentioned by
Aristotle
to know Tyrants by: but they being unsuitable to his Highness Actions, and impracticable by his Temper, I insist not on them. As among other things
Pol. lib.
5. c. 11.
Aristotle
would not have a Tyrant insolent in his behaviour, nor strike people. But his Highness is naturally chollerique, and must call men Rogues, and go to Cuffs. At last he concludes he should
o
fashion his manners, as neither to be really good, nor absolutely bad, but half one, half tother. Now this half good is too great a proportion for his Highness, and much more then his temper will bear.
But to speak Truths more seriously, and to conclude this first Question. Certainly what ever these Characters make any man, it cannot be denied but his Highness is; and then if he be not a Tyrant, we must confess we have no definition nor description of a Tyrant left us; and may well imagine there is no such thing in Nature, and that 'tis onely a Notion and a Name. But if there be such a Beast, and we do at all believe what we see and feel; let us now enquire, according to the method we proposed, whether this be a Beast of Game that we are to give law to, or a Beast of Prey to destroy with all means are allowable and fair?
Whether it be lawful to kill a Tyrant
?
In deciding this question Authors very much differ, as far as it concerns supream Magistrates, who degenerate into Tyrants. Some think they are to be born with as bad
Ames Parentem si æquus est, si non, feras
?
Parents; and place them in the number of those mischiefs
Sicut sterilitatem, aut nimios imbres
&c.
Tacit.
that have no other cure but our patience. Others think they may be questioned by that supream Law of the peoples safety; and that they are answerable to the peoples Representatives for the breach of their Trust. But none, of sober sense, makes private persons Judges of their actions; which were indeed to subvert all Government. But on the other side, I find none, that have not been frighted or corrupted out of their Reason, that have been so great Enemies to Common, and the Liberty of Mankind; as to give any kind of Indemnity to a Usurper, who can pretend no Title, but that of being stronger; nor challenge the peoples obedience upon any other obligation but that of their necessity, and fear. Such a person, as one out of all bounds of humane protection, all men make the
Ishmael
,
Gen.
16.12.
against whom is every mans hand, as his is against every man. To him they give no more security then
Cain
, his fellow murtherer and oppressour, promised to himself, to be destroyed by him that found him first.
The reason why a Tyrants case is particular, and why in that every man hath that vengeance given him, which in other cases is reserved to God and the Magistrate, cannot be obscure, if we rightly consider what a Tyrant is, what his crimes are, and in what state he stands with the Common-wealth, and with every member of it. And certainly if we find him an enemy to all Humane Society, and a subverter of all Laws, and one that by the greatness of his villanies, secures himself against all ordinary course of Justice: we shall not at all think it strange, if then he have no benefit from humane society, no protection from the law; and if, in his case, Justice dispenses with her forms. We are therefore to consider that the end for which men enter into society is not barely to live, which they may do disperst, as other Animals: but to live happily; and a Life answerable to the dignity and excellency of their kind. Out of Society, this happiness is not to be had, for singly we are impotent, and defective, unable to procure those things that are either of necessity, or ornament for our lives, and as unable to defend and keep them when they are acquired. To remedy these defects, we Associate together that what we can neither enjoy nor keep, singly, by mutual benefits and assistance, one of another, We may be able to do both. We cannot possibly accomplish these ends, if we submit not our passions and appetites to the Laws of Reason and Justice. For the depravity of mans will makes him as unfit to live in Society, as his necessity makes him unable to live out of it. And if that perverseness be not regulated by Laws, mens appetites to the same things; their avarice, their lust, their ambition would quickly make Society as unsafe, or more, then Solitude it self, and we should associate onely to be nearer our misery and our ruine. That therefore by which we accomplish the ends of a Sociable life, is our subjection, and submission to Laws, these are the Nerves and Sinews of every Society or Common-Wealth; Without which they must necessarily dissolve and fall asunder. And indeed (as
Augustine
sayes) those Societies where Law and Justice is not, are not Common-wealths or Kingdoms, but
Magna Latrocinia
, Great Confederacies of Thieves and Robbers.
De civit. Dei.
Those therefore that submit to no Law, are not to be reputed in the Society of Mankind, which cannot consist without a Law. Therefore
Aristotle
Pol. lib.
3. c. 12.
saith, Tyrannie is against the Law of Nature, that is, the Law of Humane Society, in which Humane Nature is preserved. For this reason they deny a Tyrant to be
Partem Civitatis
; for every part is subject to the whole; and a Citizen (says the same Author,)
Lib.
5. c. 8
is he who is as well obliged to the duty of obeying, as he is capable of the power of commanding. And indeed he does obey whilest he does command, that is, he obeys the Laws, which (says
Tully
)
Magistratibus præsunt, ut Magistratus præsunt Populo
, are above the Magistrates, as the Magistrates are above the people. And therefore a Tyrant that submits to no law; but his will and lust are the law, by which he governs himself and others, is no Magistrate, no Citizen or member of any Society, but an Ulcer and a Disease that destroys it, and if it be rightly considered, a Common wealth by falling into a Tyrannie absolutely looses that name, and is actually another thing:
Non est civitas quæ unius est viri
(says
Sophocles
) that which is one mans, is no City. For there is no longer King and People or Parlement and People; but those names are changed (at least their natures) into Masters and Servants, Lord and Slaves: And
Servoræ non Civitas erit sed magna Familia
(says
Grotius
)
Defur. bel. l.
3. c. 8
where all are Slaves, 'tis not a City but a great Family. And the truth is, we are all members of
Whitehall
, and when our Master pleaseth, he may send for us thither, and there bore through our Ears at the door posts. But to conclude, a Tyrant, as we have said, being no part of a Commonwealth, nor submitting to the laws of it, but making himself above all law: There is no reason he should have the protection that is due to a member of a Common-wealth, nor any defence from laws, that does acknowledge none. He is therefore in all reason to be reckoned in the number of those Savage Beasts, that fall not with other into any Heard: that have no other defence but their own strength; making a prey of all thats weaker, and, by the same justice, being a prey to all thats stronger then themselvs.
In the next place, let it be considered, That a Tyrant making himself above all Law, and defending his injustice by a strength which no power of Magistrates is able to oppose; he becomes above all punishment, above all other justice, then that he receives from the stroak of some generous hand. And certainly, the safety of mankind were but ill provided for, if there were no kind of Justice to reach great villanies, but Tyrants should be
Immanitate Scelerum tuti
, secured by the greatness of their crimes. Our Laws would be then but Cobwebs indeed, made only to catch Flies; but not to hold Wasps or Hornets: And it might be then said of all Common-wealths, what was said of
Athens
; That there onely small Theeves were hanged, but the great ones were free, and condemned the rest. But he that will secure himself of all hands, must know, he secures himself from none: He that flies Justice in the Court, must expect to find it in the street: and he that goes armed against every man; arms every man against himself.
Bellum est in eos, Qui judiciis coerceri non possunt
, (says
Cicero
) WE have warr with those against whom we can have no law. The same Authour,
Cum duo sint decertandi genera, &c.
There being two wayes of deciding differences, the one by Judgment and Arbitration, the other by Force: the one proper to men, the other to beasts. We must have recourse to the latter, when the former cannot be obtained. And certainly by the Law of Nature,
ubi cessat Judicium
, when no Justice can be had, every man may be his own Magistrate, and do justice for himself. For the Law (sayes
Grotius
) that forbids me to pursue my right but by a course of Law:
Grot.
de ju. Bel. l. 1 c. 8.
Certainly supposes,
Ubi copia est Judicii
, where Law and Justice is to be had:
Ibid.
otherwise that law were a defence for injuries, not one against them and quite contrary to the nature of all Laws, would become the protection of the guilty against the innocent, not of the innocent against the guilty. Now as it is contrary to the Laws of God and Nature, that men, who are partial to themselves, and therefore unjust to others, should be their own Judges, where others are to be had;
Deut. 17.
so it is as contrary to the Laws of Naure, and the common safety of mankind, that when the Law can have no place, men should be forbidden to repel force by force, and so to be left without all defence and remedy against injuries. God himself left not the slave without remedy against the cruel Master: And what Analogie can it hold with reason, that the slave that is but his Masters money; and but part of his Houshold staff, should find redress against the Injuries and Insolencies of an imperious Master, and a free people, who have no Superiour but their God, should have none at all against the injustice and oppression of a Barbarous Tyrant? And were not the incongruity fully as great, that the Law of God permitting every man to kill a Thief, if he took him breaking open his house in the night: because then it might be supposed he could not bring him to justice? But a Tyrant, that is the common Robber of mankind, and whom no law can take hold on, his person should be,
Sacrosancta, cui nihil Sacrum aut Sanctum
to whom nothing is Sacred, nothing Inviolable? But the Vulgar judge ridiculously like themselves. The glister of things dazles their Eyes, and they judge of them by their appearances; and the Colours that are put on them. For what can be more absurd in Nature, and contrary to all common sence, then to call him Thief and kill him, that comes alone, or with a few to Rob me:
Exod. 21.
And to call him Lord Protector and obey him, that robs me with Regiments and Troops? As if to rove with two or three ships were to be a Pirate, but with 50 an Admiral? But if it be the number of Adherents onely, not the cause, that makes the differences between a Robber and a Protectour: I wish that number were defined, that we might know where the Thief ends, and the Prince begins. And be able to distinguish between a Robbery and a Tax. But sure no English-man can be ignorant, that it his Birth-right to be Master of his own Estate; and that none can command any part of it but by his own grant and consent, either made expressly by himself, or Virtually by a Parliament. All other ways are meer Robberies in other Names:
Auferre, Trucidare, Rapere, falsis nominibus imperium atque ubi solitudinem faciunt, pacem appelant
:
Exod. 22.2.
To rob, to extort, to murder Tyrants falsly cal'd to govern, and to make desolation, they call to settle peace: in every Asseasment we are rob'd, the Excize is Robbery, the Custom's Robbery, and without doubt, when ever 'tis prudent, 'tis always lawful to kill the Thieves, whom we can bring to no other justice.
Tacit.
in Vid.
Agric.
And not onely lawful, and to do our selves right, but Glorious and to deserve of mankind, to free the world of that common Robber, that universal Pirat, under whom, and for whom, these lesser Beasts prey. This Firebrand I would have any way extinguisht. This Ulcer I would have any hand to lance. And I cannot doubt but God will suddenly sanctifie some hand to do it, and bring down that bloudy and deceitful man, who lives not onely to the misery, but the infamy of our Nation.
I should have reason to be much less confident of the justice of this opjnion, if it were new, and onely grounded upon Collections and Interpretations of my own. But herein if I am deceived, I shall however have the excuse to have been drawn into that errour, by the examples that are left us by the greatest and most vertuous, and the opinion of the wisest and gravest men, that have left their memories to posterity. Out of the great plenty of Confirmations, I could bring for this Opinion, from Examples and Authorities; I shall select a very few: for manifest Truths have not need of those Supports; and I have as little mind to tire my self as my Reader.
First therefore a Usurper that by onely force possesseth himself of Government, and by Force only keeps it, is yet in the State of War with every man, says the learned
Grotius
:
de in Bel. lib.
1. c. 4.
and therefore every thing is lawful against him that is lawful against an open Enemy, whom every man hath a right to kill.
Hostis hostem occidere volui
, says
Sacævola
to
Porsena
; when he was taken, after he had failed in his attempt to kill him; I am an Enemy, and an Enemy I would have kil'd, which every man hath a right to do.
Luc.
lib.
2.
Contra publicos hostes, & Majestatis Reos, omnis homo miles est
(says
Tertullian
,) Against Common Enemies and those that are Traitors to the Commonwealth, every man is a Souldier. This opinion on the most Celebrated Nations have approved , both by their Laws and Practises. The Grecian (as
Xenophon
tells us) who suffered not Murderers to come into their Temples, in those very Temples they erected Statues to those that kil'd Tyrants, thinking it fit to place their Deliverers amongst their Gods.
Cicero
was an Eye-witness of the Honours that were done such men,
Græci homines
, &c.
Pro milone
The
Greeks
(saith he) attribute the honours of the Gods to those that kil'd Tyrants: What have I seen in
Athens
, and other Cities of
Greece
! What Religion paid to such men! What songs! What Elogies!
Plut.
in
Solon.
By which they are Consecrated to Immortality, and almost Deified! In
Athens
, by
Solon's
Law, Death was not onely decree'd for the Tyrant that opprest the State, but for all those that took any Charge,
Let his Highness Junto make this.
De Repub.lib. 8 1a Publici
or did bear any Office while the Tyranny remained. And
Plato
tells us the ordinary Course they took with Tyrants in
Greece
. If (says he) the Tyrant cannot be expuls'd by Accusing him to the Citizens; then by secret practises they dispatch him.
Amongst the
Romans
the
Valerian
Law was,
Si quis injussu populi, &c.
Whosoever took Magistracy upon him, without the Command of the people, it was lawful for any man to kill him.
Plutarch
makes this Law more Severe,
ut Injudicatum occidere eum liceret, Quis Dominatum concupisceret
. That it was lawful by that Law, before any Judgement past, to kill him that but Aspir ed to Tyranny. Likewise the Consular Law which was made after the suppression of the Tyranny of the Decemvirate, made it lawful to kill any man that went about to create Magistrates,
sine provocatione
, &c. Without reference and appeal to the people. By these Laws and innumerable Testimonies of Authors, it appears; that the
Romans
with the rest of their Philosophy, had learned from the
Grecians
what was the Natural Remedy against a Tyrant: Nor did they honor those less that durst apply it. Who as
Polybius
says (speaking of Conspiracies against Tyrants) were not,
Deterrimi civium, sed Generosissimi Quique, & Maximi Animi
, not the worst and meanest of the Citizens, but the most Generous, and those of greatest vertue.
Hist. lib.
6.
So were most of those that conspired against
Julius Cæsar
. He himself thought
Brutus
worthy to succeed him in the Empire of the World: And
Cicero
, who had the Title of
Pater Patriæ
; if he were not conscious of the design; Yet he at least affected the honour of being thought so.
Quæ enim Res unquam
, &c. What act (says he) O
Jupiter
more glorious! more worthy of Eternal Memory, hath been done not onely in this City, but in the whole world!
Phil. 2.
In this design, as the
Trojan
Horse, I willingly suffer my self to be included with the Princes. In the same place he tells us, what all vertuous
Romans
thought of the Fact aswel as he.
Omnes Boni, Quantum in ipsis fuit, Cæsarem occiderunt: aliis consilium, aliis animus, aliis occasio defuit, Voluntas nemini
; All good men (saith he) as much as in them lay killed
Cæsar
: Some wanted Capacity, some Courage, others opportunity; but none the will to do it. But yet we have not declared the extent of their severity against a Tyrant. They exposed him to Fraud, as well as Force, and left him no security in Oaths and Compacts; that neither Law nor Religion might defend him, that violated both.
Cum Tyranno Romanis nulla fides, nulla juris jurandi Religio
, saith
Brutus
in
Appian
:
Appian.
lib. 7. de Benef.
With a Tyrant the
Romans
think no Faith to be kept, observe no Religion of an Oath.
Seneca
gives the Reason;
Quia quicquid erat, quo mihi cohæreret
, &c. For what ever there was of mutual obligation betwixt us; his destroying the Laws of Humane Society, hath dissolv'd: so these that thought that there was in
hostem nefas
, that a villany might be committed against an Enemy:
Sin.
These that protest,
non minus juste quam fortiter arma gerere
to manage their Arms, with Justice as well as Courage:
Id.
These that thought Faith was to be kept even with the perfidious,
Reguius Qui tongum semper fama &c.
Sence.
in exerc. 4.7. Mic. Ephes. ad 5 Nich.
yet they thought a Tyrant could receive no Injustice, but to be let live; and that the most lawful way to destroy him, was the readiest. No matter whether by force or fraud; for against Beasts of Prey, men use the soil and the Net, as well as the Spear and the Lance. But so great was their detestation of a Tyrant, that it made some take their Opnions from their Passions; and vent things which they could but ill justice to their Morality, they thought a Tyrant had so absolutely forfeited all Title to Humanity, and all kind of Protection they could give him or his: that they left his wife without any other Guard for her Chastity, but Age and Deformity; and thought it not Adultery what was committed with her. Many more Testimonies might I bring; for 'tis harder to make choice, than to find plenty. But I shall conclude with Authorities that are much more Authentique; and Examples, which we
may
much more safely imitate.
The Law of God it self decreed certain
utique morietur vir ille
Deut. 17.12.
death to that man that would do presumptuously, and submit to no Decision of Justice. Who can reade this, and think a Tyrant ought to live? But certainly neither that, nor any other Law were to any effect, if there were no way to put it in execution. But in a Tyrants Case, Process and Citation have no place; and if we will onely have Formal Remedies against him, we are sure to have none. There's small hope of Justice, where the Malefactor hath a power to condemn the Judge.
All remedy therefore against a Tyrant is
Ebud's
Dagger; without which, all our Laws were fruitless, and we helpless. This is that High Court of Justice where
Moses
brought the
Egyptian
: whither
Ebud
brought
Eglon
;
Samson
the
Philistins; Samuel, Agag
; and
Jehojada
, the She-Tyrant
Athaliah
.
Let us a little consider in particular these several Examples, and see whether they may be proportioned to our purpose.
First, as to the Case of
Moses
and the
Egyptian
;
Exod. 2.11.12
certainly every
English-man
hath as much Call as
Moses
, and more cause then he, to slay this
Egyptian
that is always laying on burdens, and always smiting both our brethren and our selves. For as to his Call, he had no other that we read of, but the neccesity his brother stood in of his help. He look't on his brethrens burdens, and seeing an
Egyptian
smiting an
Hebrew
, knowing he was out of the reach of all other kind of Justice, slew him.
Certainly this was, and is as lawful for any man to do, as it was for
Moses
, who was then but a private man, and had no Authority for what he did, but what the Law of Nature gives every man; to oppose Force to Force, and to make Justice where he finds none. As to the Cause of that action, we have much more to say then
Moses
had: He saw one
Hebrew
smitten, we many
Eng lish
men murdered; He saw his brethrens burdens, and their blows, We, our Brethrens burdens, imprisonments, and deaths. Now sure if it were lawful for
Moses
to kill that
Egyptian
that opprest one man, being there was no way to procure an ordinary course of Justice against him: It cannot be but absurd to think it unlawful to kill him
(a)
Vid. Et
Governador Christiano.
c. 8 p. 40
Qualquiera cuidadno me de repeter la fuerca &c.
that oppresses a whole Nation, and one that Justice as little reaches as it defends.
The example of
Ebud
shews us the natural and almost the onely remedy against a Tyrant, and the way to free an opprest people from the slavery of an insulting
Moabite
, 'tis done by prayers and tears, with the help of a Dagger, by
Judg. c. 3. v. 11,19,20
crying to the Lord, and the left hand of an
Ebud
. Devotion and action go well together; for believe it, a Tyrant is not of that kind of Devil that is to be cast out by onely Fasting and Prayer. And here the Scripture shews us what the Lord thought a fit Message to send a Tyrant from himself: A Dagger of a Cubit in his belly, and every worthy man that desires to be an
Ebud
, a Deliverer of his Countrey, will strive to be the Messenger.
V. 15
We may here likewise observe in this, and many places of
Judges
, that when the
Israelites
fell to Idolatry, which of all sins is one of the greatest;
V. 20.
God Almighty to proportion the punishment and the offence, still delivered them into the hands of Tyrants; which sure is one of the greatest of all Plagues.
In the story of
Samson
'tis manifest, that the denying him his wife, and after the burning her, and her Father, which though they were great, yet were but private injuries, he took for sufficient grounds to make war upon the
Philistins
, being himself but a private man, and not onely not assisted, but opposed by his servile Countreymen.
Judg. 15.
He knew what the Law of Nature allowed him; where other Laws have no place, and thought it a sufficient Justification for smiting the
Philistins
hip and thigh, to answer for himself, that as they did unto him, so had he done unto them.
V. 11.
Now that which was lawful for
Samson
to do against many Oppressours, why is it unlawful for us to do against one? Are our injuries less? Our Friends and Relations are daily murdered before our faces. Have we other ways for reparation? Let them be named, and I am silenc'd. But if we have none, the Fire-brand, or the Jaw-bone, the first Weapons, our just Fury can lay hold on, may certainly be lawfully employed against that uncircumcised
Philistin
that oppresses us. We have too the opposition and discouragements that
Samson
had, and therefore have the more need of his courage and resolution. As he had the men of
Judah
, so we have the men of
Levi
, crying to us out of the Pulpit, as from the top of the Rock
Etam
, Know you not that the Philistin is a Ruler over you?
V. 14.
The truth is, they would fain make him so, and bind us with
Samson
in new Cords; but we hope they become as Flax, and that they will either loose from our hands, or we shall have the Courage to cut them.
Upon the same grounds of Retaliation did
Samuel
do justice with his own hand upon the Tyrant
Agag
. As thy Sword (says the Prophet) hath made women childless, so shall thy Mother be childless amongst women; nor is there any Law more natural and more just.
2. Sam. 15.23.
How many Mothers has our
Agag
for his own ambition made childless? how many Children Fatherless? how many have this reason to hew this
Amalakite
in pieces before the Lord? And let his own Relations, and all theirs that are Confederates with him, beware, lest men come at last to revenge their own Relations in them.
In
Discors
.
They make many a woman husbandless, many a Father childless. Their wives may come at last to know what 'tis to want a husband, and themselves to lose their children. Let them remember, what their great Apostle Machiavel tels them; that in contestations for the preserving their Liberty, People many times use moderation; but when they come to vindicate it, their rigour exceeds all mean, like beasts that have bin kept up & are afterwards let loose, they always are more fierce and cruel. To conclude with the example
Jehojada
hath left us; 6 years he hid the right Heir of the Crown in the House of the Lord, & without all doubt, amongst the rest of Gods services there he was all that time contriving the destruction of the Tyrant, that had aspired to the Crown by the destruction of those that had the right to it.
Jehojada
had no pretence to authorize his action, but the Equity and Justice of the act it self. He pretended no immediate command from God for what he did nor any authority from the Sanedrin, and therefore any man might have done what
Jehojada
did as lawfully, that could have done it as effectually.
2 King 11. 2 Chron. 23.
Now what citation was given to
Athaliah
, what appearance was she cal'd to before any Court of Justice: her fact was her trial she was without any expostulation taken forth of the Ranges, and onely let live, till she got out of the Temple, that that Holy Place might not be defiled by the bloud of a Tyrant, which was fitter to be shed on a dung-hill, and so they slew her at the Horse-gate.
Chron. 23.14.
And by the Kings house, the very White-hall where she had caused the Blood-Royal to be spilt, and which her self had so long unjustly possest, there by Providence did she receive her punishment, where she had acted so great a part of her crimes. How the people approved of this glorious action of destroying a Tyrant, this Chapter tells us at the last v.
And all the people of the Land rejoyced, and the City was quiet, after they had slain
Athaliah
with the sword.
2
Chron.
23.14.
And that it may appear they no less honoured the Authours of such actions, then other Nations did; as in his life-time they obeyed
Jehoiada
as a King, so after his death, for the good he had done in
Israel
(saith the Scripture) they buried him amongst the Kings.
2
Chron.
34.16.
I must not conclude this story without observing that
Jehojada
commanded, that whosever followed
Athaliah
should be put to death. Letting us see what they deserve that are Confederates with Tyrants and will side with them, and but appear to defend them, or allow them, his Highness his Councel, his Junto, and the Agaes of his Janizaries, may, if they please, take notice of this, and repent, least they likewise perish. And likewise his Highness his Chaplains, and Tryers, who are to admit none into the Ministry that will preach liberty with the Gospel; may, if they think fit, observe, that the Tyrant fell
Mattan
the Priest of
Baal
. And indeed none but
Baals-Priests
will preach for Tyrants. And certainly those Priests that Sacrifice to our Baal, our Idol of a Magistrate, deserves as well to be hang'd before their Pulpits, as ever
Mattan
did to fall before his Altars.
Mr
. Sindercomb's
Judge and Jury may likewise consider of this point
.
I should think now I had said much more then enough to the second question, and should come to the third and last I proposed in my Method; but I meet with two Objections lying in my way:
2
Chron.
23.17.
Object.
1.
The first is, That these examples out of Scripture, are of men that were inspired of God, and that therefore they had that Call and Authority for their Actions, which we cannot pretend to, so that it would be unsafe for us to draw their actions into examples, except we had likewise their Justification to alledg.
Object.
2.
The other Objection is, that there being now no opposition made to the Government of his Highness, that the people following their callings, and trafficque, at home and abroad, making use of the laws, & appealing to his Highnes courts of justice: That all this argues the peoples tacit consent to the Government; and that therefore now tis to be reputed lawful, and the peoples obedience voluntary.
Sol.
1.
To the first I answer with learned
Milton
, that if God commanded these things, 'tis a sign they were lawful and are commendable. But secondly, as I observed in the Relations of the examples themselves; Neither
Sampson
nor
Samuel
alledged any other cause or reason for what they did, but retaliation, and the apparent justice of the actions themselves. Nor had God appeared to
Moses
in the Bush when he slew the
Egyptian
; nor did
Jehajada
alledg any Prophetical Authority or other Call to do what he did, but that common Call which all men have, to do all actions of Justice that are within their power, when the ordinary course of Justice ceases.
Sol.
2.
To the second my answer is, that if commerce and pleadings were enough to Argue the people's consent, and give Tyrannie the name of Government, there was never yet any Tyrannie of many weeks standing in this world. Certainly, we then extreamly wrong
Caligula
and
Nero
in calling them Tyrants, and they were Rebels that conspired against them; except we will believe, that all the while they reign'd in
Rome
, they kept their shops shut, and opened not their Temples, or their Courts. We are likewise with no lesse absurdity to imagine, that the whole 18 years time which Israel served
Eglon
, and 6 years that
Athaliah
reigned, that the Israelites quite desisted from traffique, pleadings and all publique acts: otherwise
Ehud
and
Jehoiada
were both Traytors, the one for killing his King, the other his Queen.
Third Question
.
Having shewed what a Tyrant is, his Marks and Practises; I can scarce perswade my self to say any thing to that I made my third Question, Whether the Removing of him is like to prove of Advantage to the Common-wealth or not? for methinks 'tis to enquire whether 'tis better the man die, or the Imposthume be launch'd, or the Gangræn'd Limb be cut off? But yet there be some, whose Cowardice and Avarice furnish them with some Arguments to the contrary; and they would fayn make the world believe, that to be base and degenerate, is to be Cautious and prudent: and what is in truth a servile fear, they falsely call a Christian patience. It will not be therefore amiss, to make appear, that there is indeed that necessity, which we think there is, or saving the Vineyard of the Common-wealth, if possible, by destroying the wild Boar that is broke into it. We have already shewed, that it is lawful; and now we shall see, whether it is expedient. First I have already told you, That to be under a Tyrant, is not to be a Common-wealth, but a great Family, consisting of Master and Slaves.
Vir bone servorum nulla est usquam civitas
, sayes an old Poet, A number of Slaves makes not a City. So that whilest this Monster lives, we are not members of a Commonwealth, but only his living tools and Instruments, which he may employ to what use he pleases.
Serve tua est fortuna, Ratio ad te nihil
, sayes another; Thy condition is a Slaves; thou art not to enquire a Reason; nor must we think we can continue long in the condition of slaves, and not degenerate into the habits and temper that is natural to that condition: our minds will grow low with our fortune; and by being accustomed to live like slaves, we shall become unfit to be any thing Else,
Etiam fera animalia si clausa teneas virtutis obliviscuntur
, sayes
Tacitus
the fiercest creatures by long constraint, lose their courage. And sayes Sir
Francis Bacon
, the blessing of
Issachar
and that of
Judah
, falls not upon one people, to be Asses crouching under Burdens, and to have the Spi rit of Lyons. And with their courage 'tis no wonder if they lose their fortune as the Effect with the cause, and Act as Ignominiously abroad, as they suffer at home. 'Tis
Machiavel's
Discor. l.
1. c. 24.
observation, That the
Roman
Armies that were always victorious under Consuls, All the while they were under the slavery of the Decemviri never prospered. And certainly people, have Reason to fight but faintly, when they are to gain a victory against themselves; when every success shall be a confirmation of their slavery, and a new linck to their chain.
But we shall not only lose our Courage which is a useles and unsafe vertue under a Tyrant, but by degrees we shall, after the example of our Master, All turn perfidious, Deceitful, Irreligious, flatterers, and what ever else is villanous and Infamous in Mankind. See but to what a degree we are come to already. Can there any Oath be found so fortified by all Religious Tyes; which we easily find not a Distinction to break, when either Profit or Danger perswades us to it? Do we Remember any Engagement? or if we do, have we any shame to break them? Can any Man think with patience upon what we have profest, when he sees what we Vilely do, and Tamely Suffer? What have we of Nobility amongst us but the name, the luxury and the vices of it? poor wretches, these that now carry that title, are so far from having any of the vertues, that should grace, and indeed give them their titles, that they have not so much as the generous vices that attend greatness, they have lost all Ambition and Indignation. As for our Ministers, what have they, or indeed desire they, of their Calling, but the Tythes?
Dr. Locker. Dr. Owen. Mr. Jenkins, &c.
How do these horrid prevaricators search for distinctions to peece contrary Oaths? How do they Rake Scriptures for flatteries? And Impudently Apply them to his monstrous Highness? what is the City but a Great Tame Beast, that eats and Carries, and cares not who Rides it? What's the thing call'd a Parliament but a Mock? Composed of a people that are only suffered to sit there, because they are known to have no vertue, After the Exclusion of all others that were but suspected to have any? What are they but pimps of Tyranny, who are only Imployed to draw In the people to prostitute their Liberty? What will not the Army fight for? What will they not fight against! What are they but Janizaries, slaves themselves; and making all others so? what are the people in general but Knaves, Fools, and Cowards; principled for Ease, Vice and Slavery? This our temper, his Tyranny hath brought us to already; and if it continues, the little vertue that is yet left to stock the Nation, must totally extinguish, and then his Highness hath compleated his work of Reformation. And the truth is, till then his Highness cannot be secure. He must not endure vertue, for that will not endure him: He that will maintain Tyranny, must kill
Brutus
, sayes
Machiavell
. A Tyrant, sayes
Plato
,
Disc. l.
3.
cap.
3.
must dispatch all vertuous persons, or he cannot be safe;
De Repub. lib.
8.
so that he is brought to that unhappy necessity, either to live among Base and wicked persons, or not to live at all.
Nor must we expect any Cure from our patience,
Inganno si gli huomini
, sayes
Machiavel
,
Disc. lib.
2.
cap.
14.
credendo con la humilit à vincere la superbia
. Men deceive themselves, that think to mollifie Arrogancy with humility; a Tyrant's never modest but when he's weak; 'tis in the winter of his fortune when this Serpent bites not: we must not therefore suffer our selves to be couzened with hopes of his amendment: for
Nemo unquam
Tacit. Hist. lib.
1.
Imperium flagitio quæsitum, bonis artibus exercuit
; Never did any man manage that Government with Justice, that got it by Villany. The longer the Tyrant lives, the more the Tyrannical humour increases in him, sayes
Plato
,
de Repub. lib.
9.
like those Beasts that grow more curst as they grow old. New occasions daily happen, that necessitate them to new mischiefs, and he must defend one Villany with another.
But suppose the contrary of all this, and that his Highness were
vi Dominationis convulsus, & mutatus
, changed to the better by great fortune, (of which he yet gives no symptons) What notwithstanding could be more miserable, then to have no other security for our liberty, no other law for our safety, than the will of a man, though the most just living? we have all our beast within us, and whosoever (sayes
Aristotle
)
Cic. Phil.
4.
is governed by a man without a Law, is governed by a man and by a beast.
Etiam si non sit molestus
Pol. lib.
3.
cap.
11.
Dominus; tamen est miserrrimum posse si velit
, sayes
Tully
, Though a Master does not Tyrannize, yet 'tis a miserable thing that 'tis in his power to do so if he will. If he be good, so was
Nero
for five years, and how shall we be secure that he will not change? Besides, the power that is allowed to a good man, we may be sure will be claimed and taken by an ill. And therefore it hath been the custome of good Princes,
Lycurgus Theopomp. Plut. in Lycurg.
to abridge their own power, it may be distrusting themselves, but certainly fearing their Successours, to the chance of whose being vertuous, they would not hazard the welfare of their people. An unlimited power therefore is to be trusted to none; which if it does not find a Tyrant, commonly makes one: or if one uses it modestly, 'tis no argument that others will; and therefore
Augustus Cæsar
must have no greater power given him, then you would have
Tiberius
take. And
Vid. Orat. Cæsaris in Salust consp cat.
Cicero's
moderation is to be trusted with a consideration, That there are others to be Consuls as well as he.
But before I press this business farther, if it needs be any farther prest, that we should endeavour to rescue the honour, the vertue and liberty of our Nation, I shall answer to some few Objections that have occurred to me. This I shall do very briefly.
Some I find of a strange Opinion, That it were a generous and a noble action to kill his Highness in the field; but to do it privately they think it unlawful, but know not why. As if it were not generous to apprehend a Theef, till his sword were drawn, and he in a posture to defend himself and kill me. But these people do not consider, that whosoever is possest of power any time, will be sure to engage so many either in guilt or profit, or both, that to go about to throw him out by open force, will very much hazard the total ruine of the Common-wealth. A Tyrant is a Devill that tears the body in the exorcising; and they are all of
Caligula's
temper, That if they could, they would have the whole frame of Nature fall with them.
Sueton in
vit.
Calig.
'Tis an opinion that deserves no other refutation, then the manifest absurdity of it self; that it shoulde be lawful for me to destroy a Tyrant with hazard, blood, and confusion, but not without.
Another Objection, and more common, is, the fear of what may succeed if his Highness were removed. One would think the World were bewitched. I am fallen into a ditch, where I shall certainly perish if I lye, but I refuse to be helpt out for fear of falling into another; I suffer a certain misery for fear of a contingent one, and let the disease kill me, because there is hazard in the cure. Is not this that ridiculous policy,
Ne mortare, mori
; To die for fear of dying.
Seneca
.
Sure, 'tis frenzy not to desire a Change, when we are sure we cannot be worse;
Et non incurrere in pericula, ubi quiescenti paria metuuntur
, and not then to hazard, when the danger and the mischiefs are the same in lying still.
Hitherto I have spoken in general to all English-men; Now I address my discourse particularly to those that certainly best deserve that name, Our Selves, that have fought, however unfortunately, for our Liberties under this Tyrant; and in the end couzened by his Oaths and Tears, have purchased nothing but our slavery with the price of our blood. To us particularly it belongs to bring this Monster to Justice, whom he hath made the Instruments of his Villany, and sharers in the Curse and Detestation that is due to himself from all good men. Others onely have their Liberty to vindicate; We, our Liberty and our Honour. We engaged to the People with him, and to the People for him, and from our hands they may justly expect a satisfaction of punishment, being they cannot have that of performance. What the People at present endure, and Posterity shall suffer, will be all laid at our doors: for onely We under God have the power to pull down this Dagon which we have set up. And if we do it not, all Mankind will repute us Approvers of all the Villanies he hath done; and Authors of all to come, Shall we that would not endure a King attempting Tyranny, shall we suffer a profest Tyrant?
Cic. in
Epist. ad Octav.
We that resisted the Lyon assailing us, shall we submit to the Woolf tearing us? If there be no remedy to be found, we have great reason to exclaime;
utinam te potius
(Carole)
retinuissemus quam hunc habuissemus, non quod ulla fit optanda servitus, sed quod ex Dignitate Domini minus turpis est conditio servi
; We wish we had rather endured thee (O
Charles
) then have been condemned to this mean Tyrant; not that we desire any kind of slavery, but that the Quality of the Master something graces the condition of the slave.
But if we consider it rightly what our Duty, our Engagements, and our Honour exact from us, both our Safety and our Interest oblige us to, And 'tis as unanswerable, in us, to discretion, as 'tis to vertue, to let this Viper live. For first he knowes very well, 'tis onely we that have the power to hurt him, and therefore of us he will take any course to secure himself: he is conscious to himself how falsly and perfidiously he hath dealt with us, and therefore he will alwayes fear that from our revenge, which he knowes he hath so well deserved.
Lastly, he knowes our Principles, how directly contrary they are to that Arbitrary power he must govern by, and therefore he may reasonably suspect, that we that have already ventured our liues against Tyranny, will alwayes have the Will, when we have the opportunity, to do the same again.
These Considerations will easily perswade him to secure himself of us, if we prevent him not, and secure our selves of him. He reads in his Practise of Piety,
Macb. Pr. c.
5.
chi divine Patron
, &c. He that makes himself master of a City, that hath been accustomed to Liberty, if he destroyes it not, he must ecpect to be destroyed by it. And we may read too in the same Authour, and believe him, that
Ibid. c.
3.
those that are the occasion that one becomes powerful; alwayes ruines them, if they want the Wit and Courage to secure themselves.
Now as to our Interest, we must never expect that he will ever trust those, that he hath provoked and feared: He will be sure to keep us down, lest we should pluck down him. 'Tis the Rule that Tyrants observe, when they are in power, never to make much use of those that helpt them to it, and indeed 'tis their Interest and security not to do it: for those that have been the authors of their greatness being conscious of their own merit, they are bold with the Tyrant, and lesse industrious to please him. They think all he can do for them is their due, and still they expect more: and when they fail in their expectations, (as 'tis impossible to satisfie them) their disappointment makes them discontended, and their discontents dangerous. Therefore all Tyrants follow the example of
Dionysious
, who was said to use his friends, as he did his Bottles, when he had use for them, he kept them by him; when he had none, that they should not trouble him and lie in his way, he hung them up.
But to conclude this already over-long Paper, let every man to whom God hath given the Spirit of Wisdome and Courage, be perswaded by his Honour, his Safety, his own Good and his Countries, and indeed the duty he owes to his Generation, and to Mankind, to endeavour by all Rational means to free the World of this Pest. Let not other Nations have the occasion to think so meanly of us, as if we resolved to sit still and have our Ears bored: or that any discouragement of disappointments can ever make us desist from attempting our Liberty, till we have purchased it, either by this Monster's death, or by our own. Our Nation is not yet so barren of vertue, that we want noble examples, to follow amongst our selves. The brave
Sindercombe
hath shewed as great a mind, as any old
Rome
could boast of; and had he lived there, his name had been registred with
Brutus
, and
Cato
; and he had had his Statues as well as they.
But I will not have so sinister an opinion of our selves (as little Generosity as Slavery hath left us) as to think so great a vertue can want its Monuments even amongst us. Certainly, in every vertuous Mind there are Statues rear'd to
Sindercombe
. When ever we read the Elogies of those that have dyed for their Country; when we admire those great Examples of magnanimity, that have tired Tyrants cruelties: When we extoll their constancyes whom neither bribes nor terrours could make betray their Friends: 'Tis then we erect
Sindercombe
Statues, and grave him Monument: Where all that can be said of a great and noble mind, we justly make an Epitaph for him. And though the Tyrant caused him to be Smothered, lest the people should hinder an open Murder, yet he will never be able either to smother his memory, or his own Villany. His Poison was but a poor and common device to impose only on those that understood not Tyrants practises, and are unacquainted (if any be) with his cruelties and falshoods. He may therefore if he please, take away the Stake from
Sindercomb's
Grave; and if he have a mind it should be known how he dyed, let him send thither the Pillowes and Feather-bedds with which
Barkstead
and his Hangman smothered him. But to conclude, Let not this Monster think himself the more secure, that he hath supprest one great Spirit,
And what may
Cicil
and
Toop
expect for their Treachery and Perjury
?
he may be confident, that
Longus post illum sequitur ordo idem petentium decus.
There's a great Rowl behind, even of those that are in his own Muster-Rolls, that are ambitious of the Name of the Deliverers of their Countrey: and they know what the Action is that will purchase it. His Bed, his Table is not secure; and he stands in need of other Guards to defend him against his own. Death and destruction pursues him wheresoever he goes: they follow him every where, like his fellow-travellers, and at last they will come upon him like armed men.
Job. 20.
Darkness is hid in his secret places, a Fire not blown shall consume him; it shall go ill with him that is left in his Tabernacle. He shall flee from the Iron weapon, and a bow of Steel shall strike him through. Because he hath oppressed, and forsaken the poor; because he hath violently taken away a House
White-hall. HamptonCourt
, &c.
which he builded not: We may be confident, and so may he, that ere long, all this will be accomplisht:
V.5.
For the Triumphing of the wicked is but short, and the joy of the Hypocrite but for a moment. Though his Excellency
He hath now left that Title for Highness; and will shortly leave that for King
.
mount up to the Heavens, and his Head reacheth unto the Clouds, yet he shall perish for ever like his own dung. They that have seen Him, shall say, Where is He?
To all Officers and Souldiers of the Army, that remember their Engagements, and dare be honest
.
I Heartily wish for Englands sake, that your number may be far greater then I fear it is; and that his Highness his frequent purgations may have left any amongst you, that by these Characters are concern'd in this Dedication. That I and all men have reason to make this a doubt, your own action, as well as your tame sufferings do but too plainly manifest. For you that were the Champions of our Liberty, and to that purpose were raised, are not you become the instruments of our slavery? and your hands that the people employ'd to take off the yoak from off our necks, are not those very hands they that now put it on? Do you remember that you were raised to defend the Priviledges of Parliament, and have sworn to do it; and will you be employed to force Elections, and dissolve Parliaments, because they will not establish the Tyrants iniquity, and our slavery by a Law? I beseech you think upon what you have promised and what you do, and give not Posterity as well as your own Generation, the occasion to mention you with Infamie, and to cause that unfortunate valour, and success of yours, that onely hath gained victories (as you use them) against the Common-wealth. Could ever England have thought to have seen that Army that was never mentioned without the titles of Religious, Zealous, Faithful, Couragious, the fence of her liberty at home, the Terrour of her enemies abroad; Become her Goalers? not her Guard, but her oppressors? not her Souldiers, but a Tyrants Executioners, drawing to blocks and gibbets all that dare be honester then themselves? This you do; and this you are; nor can you ever redeem your own honour, the trust and love of your Country, the estimation of brave men, or the prayers of good; If you let not speedily the World see that you have been deceived; which they will onely then believe, when they see your vengeance upon his faithless head that did it. This if you defer too long to do, you will find too late to attempt, and your Repentance will neither vindicate you, nor help us. To let you see you may do this as a lawful action, and to perswade you to do it as a Glorious one, is the practical intent of this following Paper: Which, whatever effects it hath upon you, I shall not absolutely fail of my ends; for if it excites not your vertue and courage, it will yet exprobater your cowardice and baseness. This is from one that was once amongst you, and will be so again when you dare be so as you were.
AN APPENDIX.
VVHat is here treated of, appeareth to be lawful; there are not a few Examples, that it hath been followed amongst the
Romans
; the greatest part of their Emperours fell by the hands of private men: Some of them rather then they would fall by a private hand, or publick hand of Justice, did follow the Counsel here prescribed the late Tyrant, that is, to free others from the trouble of hanging him according to his desert, by killing himself, as
Nero
and others did before him by poysons and other means. The Advice is good, for none that ever attained to that Estate of Dignity, or Villany, but their Imaginations were serued up to the deeming themselvs to be reckoned amongst the Immortal Gods: Men of less Dignity, though of much better mind, must not claim that acquaintance of the Gods, as these Wolves and Panthers.
Nero
must be deified 3 days before he was condemned to be whipt to death like a Rogue: All men desire rather to appear to be what they should be, than what they are. Their commands are of Divine Stamp: The preservation of themselves is reckoned at a higher rate then the preservation of the people. They can perswade themselves no otherwise, but their dignity is bestowed upon them out of singular love from above, and that all inferiour to them are given to be vassals; and that they should hold Life, Liberty & Estates, by no other Tenures than that of Courtesie: If it were profitable for the Tyrant to take all three from all, as well as one or all from some, he would do it: But he will not do that, because he must preserve them, or at least so many that by them he may subsist: those whom he destroyeth, are always the best of men. The Tyrant that is the Subject of this Discourse, since none would put in execution what is here urged; nor yet the Army, who should have deliverd him to Justice, and made him a famous Example to all afterages; God, by his Divine Hand of Justice, did deliver this poor Captivated Nation from under his hand: His death was not a death like unto other men; though some would have it so: Not one drop of bloud was found in his Heart, who had delighted to drink so much innocent bloud as he did of many persons who were trappan'd by his Sicofants, who contrived the Plot, & drew in those persons, whose late sufferings prepared them, and made them apt matter for the receiving any thing propounded that had the least savour of Revenge, as Tinder to receive fire. These Sicovants afterward, became the discoverers of the Plots, and the Witnesses themselves; and the Army standing by as aiders and abettors of those horrid Inhumanities, of which the Army have (in part) repented: There remaineth yet of their Repentance, Newness of Life, that is, Never more to be instrumental in aiding a Tyranny, either in one or more. The Expedients for prevention thereof, are such as these; that seeing it is lawful to kill a Tyrant and Usurper, without any express Law, it would be much more commendable, and more encouragement, for Undertakers herein, if a Law were made, that in that Case onely it should be lawful for a man to kill another, that doth design, plot, conspire; or that setteth on foot any thing that tendeth to the erecting a Tyranny. Here it is not meant to countenance Murders, that after slaying a man, it shall be sufficient to plead he was erecting a Tyranny for himself or others: No, but his Plea for his Justification,
shalbe
attended with such Circumstances, and other Evidences and Proof, that it
shalbe
demonstrable and evident that it was so. Without some such kind of Law, and the often reading thereof, as once it was a Custom, that
Magna Charta
should be read once a year in every Church throughout these Dominions, you shall never else be able to keep out Tyrants. Would you do it by Arms, he maketh them his: would you do it by Law, he lifteth himself above the Laws? In such a Case, no Hand can reach him, but a private Hand. To what purpose is it, that a Common-wealth shall ordain, that it shall be Treason for any to attempt the Supremacy, and that it shall be punished with death, when such like Ordinances cannot take place, nor be put into execution: unless that he who attempteth the Tyranny, do miscarry and fail of his Enterprise? But on the contrary, if the Usurper doth accomplish and effect what he undertaketh, then such kind of Laws are but dead Letters; for that the Law by a publick Hand of Justice cannot reach him, in regard that now he hath made himself Master of the Law, and all Courts of Justice, in which the Law is administered; therefore a private Hand of Justice must reach him: to that end and purpose, to preserve a State free, you must ordain such a Law that great Rewards shall be given, and respect shall be had to such person or persons, as shall kill a Tyrant and Usurper, that shall attempt the Supremacie of a Nation. If such a Law had been in being at that day that the sitting of this Parliament was interrupted; and that in prosecution of that Law some one or two had put it in execution upon
Cromwel
and
Harrison
who took the Speaker by the hand, and drew him out of his Chair, it had doubtless prevented that Tyranny, that hath been over us for these six years, and might again the same day have given quiet to the sitting of the Parliament, if the same day the Execution had been done; the which, doubtless, would have been, if any such Law had been in being. Is't any other, then, in effect, than the same Law that it shall be death to attempt the Supremacie; and that it shall be lawful for any one to kill him, that shall attempt the Supremacie: You design his death, that shall do such a thing by your Law; onely the manner of the Execution differeth: Both are good, and when ordinary Justice cannot reach him, Extraordinry ought. The Reward to the person that shall deliver his Countrey in this manner, ought to be great, he ought to have his Condition bettered ten times, of what it was under the Tyrant; which will invite some to undertake the work. Killing of a Tyrant is onely lawful, when other means faileth. It is not lawful, but when the Publick may probably reap the benefit of it. If you should kill one Tyrant to set up another, you sin against God, and Nature, and Law.
FINIS.
Englands MONARCHY Asserted; and Proved TO BE
The FREEST STATE
, AND
The BEST COMMON-WEALTH
Throughout the World. WITH A
Word
to the Present Authority, AND His EXCELLENCY
General
MONCK
.
LONDON
, Printed by
W. G.
for
Richard Lowndes
at the
White Lion
in St.
Pauls
Church-yard. 1660.
Englands Monarchy
Asserted and proved to be the
Freest State
and Best
Common-wealth
throughout the World. With a
Word
to the present Authority, and his Excellency Gen.
MONCK
.
HOw doth the Press labour (in this Scribling age) under the burthen which is put upon it, by every wilde and brain-sick fancy of our Republican Candidates; each of them, according to the length of that Worm which is crawling in his head, flinging in his Paper myte, though of never so base and counterfeit stuff, towards the erection of that, which is supposed in his opinion, but to look like matter of Defence, for this
Utopian
thing, of a
Common-wealth
, so much noysed and talked on amongst us, Though to sober and judicious persons, It cannot but be known, that the least blast proceeding from unbyassed, solid, and impartial truth, and prudence, scatters (as to us of this Nation) all those empty Nothings which seem to make such a fine and Gawdy shew, into meer ayr and bubble: For, let the pyth and substance of all, even the best of that matter (for some there is so frothy and full of filth that the very reading of it nauseates) that hath been said or writ on this subject be pickt out, and but narrowly survey'd and considered, and what doth it all amount to, more, than what (as it relates to us) the applying of one short Distinction, takes off the edge of all in it, which looks like any thing of Logick or Sense. It may surely be acknowledged, That, It is possible, a People may live happily enough, under any of the three chief forms mentioned in Story, viz.
Monarchy, Aristocracy
, or
Democracy
, so they have good Laws, and good Magistrates. The form in that case, doth not perhaps much add, or diminish; But to prefer any of the two last, before the first, is to deny that faith and experience which all good History hath taught us; And, as the case stands in this Nation, where Monarchy is more ancient than History it self, and so venerable and acceptable to the spirit and genius of the whole body of the People, of all sorts, our Laws (the absolutely best in the Christian world) being graffed into that stock, and having their birth and breeding under that happy Government, To attempt, or any way affect, the Desired alteration, were nought else but to Renounce and bid Defiance to our reason and understanding. Were we a people newly Dropt from the Clouds, and now to begin the setling of a frame of Government for our selves, The best Directions, we could gather from all that hath hitherto been said, or indeed possibly can be excogitated, by the wit and invention of man, to recommend us to that, which some persons for their vile and ugly interest and ends so much hanker after, hath their whole fabrick built upon such suppositions as no rational or prudent man can possibly suppose all arguments for it; Taking for granted, That, which never was, is, or indeed can be found, amongst men clothed with corrupt Mortality: But when we are already under such a constitution as is premised, and which is the chief matter of the subsequent Discourse, To ravel all our Laws, Dig up such ancient Foundations, and unsettle that firm Bottom, which hath for so many ages rendred us an opulent, famous and flourishing people: It would be such a peece of folly and madness, That any Potent neighbour Prince, may surely have just cause to think that by the Law of Nations he may invade and possess our properties, upon the Title, score, and accompt of Idiotism, Lunacy, or Phrensie.
It is possible, That some (otherwise very eminent and worthy persons) may by the subtilties and insinuations of others, be so far mislead, as to think very gloriously of that which is so much talked on, and so little understood,
A Free State
, or
Common-wealth
; and that the true and real essentials thereof cannot be had, and enjoyed, but in, and under such a popular frame and constitution as they fancy. These subtle men know well enough, that there is no easier way to cheat us out of our best condition than by the hopes of enjoying it in a better manner, and under a fuller freedome: And some of them know also, as well as the best sort of their bribed Pen-men, That there is a great and vast difference between the form of a thing, and the essence of it; The confounding and not distinguishing whereof, in our considerations upon that subject: But being so presented, as if the one were not to be had without the other, is that, which gives them such advantage to insinuate their corrupt and crafty beguilings to such upon whose capacities and understandings they have hope to impose and prevail: And although their owne sinister and vitious ends therein, is so manifest and notorious, every body knowing well their inclination, temper, and disposition, and what it is, they hereby aim at,
viz.
Not to be in the least hazard or fear of punishment, or restitution, for whatsoever acted or rapin'd by them, during the late shakings and convulsions of the Times; for though they are or may be undoubtedly assured, of an
absolute
and certain indempnity, and a full and free injoying of what they are so fearful to be deprived of, yet (oh the fright and terrour of a guilty Soul!) That will not serve the turn, They cannot rest in quiet, nor injoy any calm thoughts, unless they tare up all by the roots, and utterly demolish all footsteps of that Government and those Laws, which may in any sort continue the least of fear, hazard, or danger upon them: And whatever other fair and specious pretences are made, of a
Free State
, and
Common-wealth
, and other glorious and glossy things, to delude and captivate vulgar apprehensions; Yet their own consciences cannot but tell them, That from this currupt stem and root alone, springs all these fine, Gawdy and Republican leaves and blossomes; For this is openly manifest, That whilst some Grandees of this sort
sat at the
stern, although their discords in all other things were almost infinite, yet they still agreed in this, to destroy our fundamentals in order to complete their designs, and secure there own empty and pannick fears and jelousies; which ingaged all sober and judicious persons, to detest their way and courses, and more firmly unite themselves, to the true loyal interest, as abhorring those violent confusions, and destracting alterations, amongst us, which they saw this
Free state
or Republick must of necessity introduce: Now, that this their fallacies, of thus contunding the formalities, and essentials, of a
Common-wealth
together; And insinuating the non-possibility, as it were, of the one to be without the other, may the more clearly and fully appear: Let us reflect a while upon the Government here amongst us, as it stood twenty years ago; which though truly Monarchical, yet did it by a frequent Refining of it self upon several occasions (rejecting the evil, and retaining the good of all the known best Governments in the world) raise it self to such a mirrour of perfection, That it became the envy of
Monarchies
, and shame of all
Common-wealths
, who therein might behold themselves so ecclipsed and silenced in all the pretentions to Liberty and Freedom; That it might be truly asserted of us, That with the most Choyce and signal ornaments of the Noblest Kingdomes, we injoyed all the Immunities and Priviledges, of
A Free State
, and
Common wealth
. And although All nations have their several and peculiar Rights and Freedoms, yet none so truely free as the people of
England
, can they be but so happy, as to keep their fundamental Laws inviolate and unshaken.
The Excellency of these our Rights and Freedoms, consist principally in these Particulars following,
1.
That we cannot be disseized or charged in our Freeholds, Franchises, or Goods, but by Law, or our own consent; and that in a Free and lawful Parliament, and for the publick good onely.
2.
There is such care taken of the Liberty and Freedom of our Persons, That none ought to be straitned or imprisoned but by a lawful Trial of his Peers, or the known Laws of the Land, executed by a lawful Magistrate. The cause of the imprisonment is to be expressed in the warrant, and prosecution within a fit time to be made, or the party to be delivered by a
Habeas Corpus
, which the Judge cannot deny; and if an undue or illegal commitment be made, it is actionable at Law, against the Officers who are instrumental therein.
3.
That no Law hath force to bind, but such as by our own allowance, hath been or shall be established, by the soveraign of the Nation, or else hath been received
ab antiquo
by the constant usage of the People.
4.
No Judgment concludes us but such as is passed before Magistrates, of our own nation, who ought to be ordinarily called, duly authorized, and legally sworn to do us justice according to the known Laws of the Land.
5.
All our proceedings and Trials at Law ought to be publick, to our greatest ease,
viz.
in the open view of the County, Hundred, Society, or Corporation, where the cause of action is supposed to be given.
6.
Every particular person in matter of Crime or interest is Triable onely
per pares
, his equals, fellows, or Neigbours, who make the said Trial upon their corporal oath, from which form of Trial, (in point of right) the Soveraign himself cannot plead exemption.
7.
That Justice according to Law, and that form of Trial, cannot be sold, delayed, or denyed to any person whatsoever.
These are the chief heads of the Rights, Freedoms, and Liberties of the People of this Nation firmly setled and established, under Monarchy, which together with other particulars, collectable out of that above thirty times confirmed
Magna charta
, and the Petition of Right, and what were granted by the late King, in his last and never to be forgotten Parliament, sure such a stock of Immunity and Freedom for a people, that all the Free-states, and Common-wealths, that are, or ever were, extant, in any place throughout the whole universe, may be justly challenged to shew if they can, the like Liberty and Freedom for their Citizens and Subjects: We may truly say, that the Peoples Liberty walks with equal pace at least, and stands upon as firm if not firmer ground, than the Soveraigns Prerogative, nor are they esteemed less tender and sacred; For upon the least infringement, or violation of what belongs to the people, in point of Liberty and Immunity, far more loud alarms have been alwayes given to the whole Nation, Then have been taken by
Sovereignty
, when the very bowels of Prerogative have been deeply gashed, and in a manner quite torn out.
Some experience, we have of late years had, of a Common-wealth (as it was called) here amongst us,
viz.
from 1648, to 1653, and strange unknown Guardians it had set over it, and as strange and unheard of acts of violence, and arbitrary exorbitancy; It was most freequently guilty of, such as have cause enough to be by all remembred, and surely cannot easily be forgotten; And so, though in a very faint and staggering condition, it continued acting its illegal cruelties, upon all occasions, and that with all severity, until that fate befell it; which happens to most of that sort, and kind, though of far better frame and con stitution than can possibly be ever expected amongst us, which is, that unless it can Truckle under some potent Neighbour Prince, shall be sure to be invaded by Usurpation, debauched by Oligarchy, or confounded by Anarchy: And this, how often since, it hath in this short time been our own case, it may with sadness enough be remembred by us; For how is it probable, or indeed possibly to be expected, that any Government erected and established by inequality and force (as ours must needs be, if we desert our old foundation) can ever subsist and fasten, without an exorbitant and all-devouring power, and force to uphold and maintain it; And on whose shoulders the burthen of that must needs lye, (the grand and standing Treasury and Revenue being exhausted, and squandred into private hands, and all publick Monies (or rather indeed Rapines) passing through the pitchy claws of such State harpies as we have already had experience of, and such or their like as cannot but be expected hereafter) it is easy enough to be conjectured; In which, and manifold other respects, It is impossible to be imagined otherwise in reason, but that the little fingers of our upstart Lords and
States-men
, of such an empty new-rising State (be the
Rota
, or whymsical wheel terning or standing still) cannot possibly but prove more heavy and weighty to a tame and tired people, then the whole loyns of a Free born Heir, and of an ancient Monarchy setled as this is, whose Reputation, Title, and Self-sufficiency, will be
supersedeas
enough to the peoples discharge, of whatsoever may but look like oppression to them: And should we after all our expence, Toile, Torments of faction, and such emptying of our selves, fix and settle at length, into such a degree of possible permanency, as that we may but seem to stand a high-lone, though with the prop of an army (For that in no case must be left out) what Alarms and excitements should we presently give to all our neighbours, by our new upstart and strange shape? What State solœscisme should we be guilty of, and very probable provocations to all our best Allies? And their being several Dormant accompts, in the memorials of Princes abroad, who watch but for their opportunity and advantage, can it in reason or prudence be otherwise imagined, but that in the conclusion, we must be forced to admit of theirs, or at best our own Soveraigns conquest upon us: Besides, how will our
State craftsmen
fodder up the business, about those two ancient Monarchies of
Scotland
and
Ireland
: And whether they will be long contented (if at all) to Truckle under such a half, (or rather no) headed Bedsted as ours is like to be, and that without either Curtaines or Valence to it, when they may have a rich and royal Canopy, and Cloth of State of their own, That would surely do well to be enquired into, and to have us assured of.
By what is premised, we may somewhat guesse at the cheat which would be put upon us, by those partially Byassed, and self-interessed men, who make this noyse and stir by themselves and their hyred Advocates, of all sorts, subtle, and silly, about this businesse of a Common-wealth which will be more illustrated upon farther contemplation of that happinesse which we and our Ancestors have so long enjoyed, under that Celestial form of Government (
Monarchy
) our Lives, Liberties and Estates being under it, so well and amply secured by our Lawes, that what people was there under Heaven, that might with truth and sincerity, boast of a more flourishing and happy condition than we were in, till Ambition and Faction entred amongst us, and rent and tore in pieces, all the Gards and Seams, which linkt and bound us together, and which adorned and filled us with such beauty, health, vigor and prosperity, that we were become the envy and wonder of the whole Christian world. And that which hath been by those rotten, and self-interessed men, so often imputed to Monarchy, and Kingship, (Tyranny) so fast and strongly tyed and chained up by our Lawes, from doing hurt or prejudice to us, in our best and deerest concerns, that we were become, even dainty, nice and wanton in our felicities; such a
Cornu Copia
, or
Catholicon
, of welfare, and happinesse, our Prince and Soveraignes gentle power was to us, that whilst it enjoyed its
just
Rights, we received thence all the benefits of plenty, ease, and quiet, that possibly could be imagined. It was our curb to Tumults, our Moderator to Factions, our
Sanctuary
for Remedies of all sorts, our assured preventer of Mischiefs, it topp'd Usurpation, administred Justice, afforded Equity, and indulged Clemency and Mercy: It was the very joy of our Hearts, and the breath of our Nostrils, and what is it but a kinde of black, hideous, and mischeivous Envy (had I said Blasphemy, there is good warrant for it in Holy Writ) to despise, reject, and kick against it, and so against Heaven it selfe. Monarchy being the sole and onely Government ordained by God, and Kings and Kingdomes, his alone institution and planting, as is cleer by the whole current of Sacred Scripture, from
Adam
even till the Primitive Church after Christ; and Republiques, States, and such like, a meer depraved Institution of Man, for corrupt and sinister ends; and as it was, and is established here amongst us, so bounded by Law, and exempt from Tyranny, that it could not so much as oppresse a poor harmless Orphan. No Sheriffe, Constable, or Bailiffe, but was more terrible, powerfull, and petulant, in their severall and distinct wayes and powers, than the Soveraigne himself, and less subject to the curb, rule, and guidance of Law, in most of their actions and administrations: He neither made Lawes in his personall capacity, neither did he execute or interpret them. No Judge stood in awe of his single command, to justifie the least trespass. Nothing was more true than that great and general Maxime,
That the King could do no wrong
; for in the
case
of any wrong done, the presumption of Law was, That he did it not, but his Officers or Agents were accomptable, and responsal to the Law for it; his Power was so limited by his Justice, that his displeasure could streighten no mans liberty, but the Law would relieve him by a
Habeas Corpus
, which the Judge durst not deny. And yet this Innocuous, meek and gentle Authority, for the vile, base, and corrupt ends, of some bloody, covetous, and ambitious persons, must be branded with the odious name of Tyranny, and all the filth that can be cast up from their Rankerous Lungs must be flung upon it.
'Tis true, a Negative voice the Soveraigne had in the passing of Laws, but what (upon due consideration) did it signifie, but a meer weapon of defence, to shield the Government from being prostituted to alteration, at the will and pleasure of inferiority. And doth not late times tell us, there was a just necessity for it? and was there not such an equivalent awe and power in the People for this Negative voice, that as they could pass no Law without him, so could not he without them? besides, was not the publick purse in their hands, and dispose, to engage him to pass what they had a minde to? Were not all the Officers, and Ministers of State, and others, appointed by him, accomptable to Parliaments, and to the Laws? or was it in his power to save any of them, or yeild him the least skreen, shelter or protection, in case they stood obnoxious. The Militia and Nations Sword he wore indeed, for decency sake only, but could not draw it for the oppression of the People, but by their own consents, he having no mercenary Redcoats at his command; but the Armes of the Nation were in the hands of men of Estate and interest, the Officers being Gentlemen commonly of the better sort and quality, and the Soldier a Yeomen or Farmer at least. All of them such, as cannot in reason be conceived to joyne against Law, with the Lust and Ambition (could such a thing possibly be) of any single person of what quality soever, to abridge and destroy any just Freedome, they enjoyed as their Birth-right.
This was the state and condition of the Militia, and Armes and Force of the Nation, in those happy dayes of exercised Monarchy amongst us, which right or wrong, be the truth what it will, and never so manifest and notoriously known to be so, yet must, and shall by some, be still called Tyrannical; whereas ever since these blessed Halcion times, how have we found the case to be altered in that, and all other particulars, since this Rumble of a Free State, and Common-wealth hath brolled in our heads, especially when Fanatick Saintship and profession came in to bear sway amongst us? And the Good old Cause-mongers brought in their Canting Tones, and Phrases, which, like Gipsies, they used to know one anothers mindes by, whilst they munged the peoples Noses, and publiquely pickt their pockets. What strange and unheard of violences, and outrages have our eyes beheld committed by those, who under such bare our Armes, and were paid for it by us, and in stead of protection and defence to us, as in the dayes of our Monarchy duly exercised? what awe, dread and terror, did such keep the whole Nation under, from the highest to the lowest, of all sorts and qualities?
But why is that mentioned, which is in a manner the least of perversions, and a kind of a
Peccadillo
, to those many other grand and piacu lar Crimes and Offences, Rapines, Murthers, hideous and unparallel'd oppressions of
all
sorts and kinds, which have been our lot and portion ever since we were made so unhappy, as to be deprived of our old Government, and Royal Race of Governours, and became slaves and bondmen to a generation of such State Empericks, pretending cure and healing to those wounds, which themselves (for cursed ambitious ends) had made; As that certainly none then we, have more rightly imitated the Dog in the fable, That have lost the substance of an opulent flourishing and happy Free State and
Common-wealth
, which really and indeed we injoyed in all its essentials, and perfections, and caught, and embraced onely, an empty shadow, and sound of one in our ears (which (whatever may be pretended) is all we are ever like to enjoy, under any Government but our old one) when our Estates, Liberties, Bodies, Lives; nay, our very Souls have been, Torn,
Harrassed
, Oppressed, Buchered, and Tortured, under the several vicissitudes, of all the most Tyrannical insolent and boundless powers of unlimited arbitrary usurpation, that ever shewed themselves in any age or place, amongst the Sons of Christian men: And which are yet by these men (who and what sort and principles they are of, is manifest enough) laboured and endevoured to be continued amongst us, under the same spetious Title, Name, and Shew of a Free State and Common-wealth, whose shadow must still upon all occasions be freshly assumed, though the substance, Themselves know we have already in the best manner and most absolute perfection, anciently and firmly setled and established amongst us, by our Laws: But should they as formerly be in any sort returning upon us, in what shape soever (for let the outside be what it will, it is very well known what lies within, and what fruits and effects must needs be thence produced) It is hoped almighty God will so unite and animate the Nation with such a noble publick spirit, That our ancient and known fundamental Laws, and in them, the peace, quiet welfare, and happiness of our Countrey, may (next our duty to him) find the chiefest place in our hearts and minds, and arm us with a constant resolution and undaunted zeal and courage, to use all just and lawful means, that this Divine Providence shall hold forth and season to our hands, for theirs and in them our self preservation, that we may shew, we have derived from our progenitors a true English Gallantry, defying all Hazards and Dangers in discharge of our Duties to God, our Laws, and our Countrey: Nor can any man be justly esteemed worthy, the inheritance of his fathers Honours, Immunities, and Freedoms, who dares not convey them through all Difficulties and Dangers, to succeeding generations.
And that this resolution may be firmly fixed upon the spirits of those now in place and power. It is also hoped, that it will not by them be deemed nought and unseasonable to hint to them this
Memorandum
, or Quere, whether from the first beginning of that great contest, which hap ned between the late King and his Opposers; There was not any thing more chiefly and principally all along insisted upon, by both parties, than the upholding and maintaining the ancient known and fundamental laws of the Land? Was not the pretended violation and infringement of them, urged against those two great
Zanzummines
of Church and
State
, the Arch-bishop of
Canterbury
, and the Earl of
Strafford
; And urges so far, as that their lives were layed down and sacrificed, for those laws, maintenance, and preservation; and hath not the swerving and deviating from those Laws, let in all those floods and torrents of Rapine, Misery, and Calamity, with which such an inundation have so long overspread
the
face of this our Isle, and its dominions, and every where fill'd the same with horror and confusion; And is not this so cleerly manifest, and notoriously known, that the light it self that dayly shines amongst us, may by mortal power be sooner totally extinguished, than that undoubted truth; Nay, hath not this truth been often hinted and remembred by themselves, as may be seen in their printed publishments by way of vindication of themselves, concerning their
seclusion
from the place and authority they are now in, with a cry and clamour to those then in power, to heal the sores and wasting divisions of the Nation, by a Reinduction of the known ancient and fundamental Laws thereof; and are not these things, and much more to this purpose, which may be truly asserted, but of yesterday, as it were, and very fresh and recent in the minds and memories of all men? how then may or can it any way be answered to God, our Saviour, and the world, by those now in authority, if after all this, and so sad and lamentable an experience made, and the care of all our doleful maladies, so cleerly apparent, to be obtained by no other, or better remedy, than by a continuance of the firm establishing of those Laws; And that remedy be plain and easie to be layed hold on, should they at such a time as this, be terrified, or upon any pretence whatsoever, be so far seduced, as to delay and neglect the same, or to put any bars or shackles upon the freedome, liberties, and birthrights of the people, so, or in that manner, as the same may be any way hindered or impeded; Nay, themselves also being cryed out too, and clamoured on, for this, by the general and universal vote, and earnest desire, of the whole body of the Nations, of all sorts, conditions, and qualities; And whatsoever the Interest be which seems to oppose it, as it is sinister, corrupt, and vitious, in its first being and origination, so is it odious and sacrilegious to God, and vile and contemptible, even in the eyes of the world, which it so much looks upon and respects; and however some of that Interest (for there are two sorts of them, one far more moderate, peaceful, and modest, than the other) would have the same thought to be of that bulk and magnitude, as thence to raise a consideration, in its favour, that may keep the wound still open, and the
general
peace either altogether unsetled, or done Republicanly, and so slightly infirmly, and not lastingly, so as that there may be still hopes left for them, of new booty and prey to be further obtained, and added to their former heap of spoils and devourings; Yet upon due search made, It will undoubtedly be found, that such of that Interest, who are thus minded, and so far intoxicated with its poyson, as to desire a new foundation, for our Laws to settle on, and so labour and endevour the abolishing of the old, and introducing a novel frame, and constitution amongst us, are so thin and tenuous, and so contemptibly inconsiderable a number, and most or all of them likewise, having such deep stains upon them (to say no more) that it cannot but be thought the most deplorable of all miseries, and calamities, that can befal a people and nation, nay three nations, and the numerous people thereof, And a strange kind of infatuation of that Authority over them, that any such care and provision should be had and taken, for such a sort, and such an Interest, That the consideration thereof, should any way obstruct and hinder, that firm and lasting settlement, which concerns so many millions of persons, of all sorts, sexes, qualities, and conditions, and which is so woven into, and concentered in our Laws, and the very vital part of them, and of all our liberties, freedoms, and happinesse, which began likewise with the first natives of this Island the
Brittains
, and continued amongst us, for so many centuries of years, and recieved its approbation, by so many Ages and Generations of our Fore-fathers, and Ancestors, and rendred us a famous and flourishing People and Nation throughout the whole Christian World.
Nor need either of these sort of men be at all doubtful neither (
whatever
vain and empty jealousies and fears they have to the contrary) But upon such a just and righteous settlement, of a firm and lasting peace, the wisdom of the Nation may, and no doubt but will, find out a way and means, That not a man of them shall be a penny damnified in their purchases and acquisitions of any sort or kind whatsoever: And yet both Crown and Church have a fitting and full patrimony too; which (when it comes to that) may with as much ease be demolished to any capable understanding, as this expression thereof is here set down to be read and perused: And if this be so, as to them, which clearly and without all controversie may (and that without much diffculty) be done, and no mans property intrencht upon, nor the publick body of the nation at all prejudiced or damnified; And the Church controversies by a national and legal Synod convened in due form, appeased, quieted and setled, so as no truly tender Christian conscience, may at all be imposed upon: But have that due evangelical liberty, which may in any kind, by the most sacred holy Writ be allowed, (And further, it is supposed no sober Christian will desire) what should hinder if the work were once strenuously, faithfully, and impartially set upon; But that yet we might hope for so much mercy from Heaven, as that after all these tempestuous stormy violences, rending wasting and consuming divisions, doleful and deplorable miseries and calamities, which have so long, and so fiercely raved, and raged amongst us. The Almighties hand may close up all our breaches, and we enjoy the blessed and happy benefit, of a well established firm and lasting peace; It is likewise hoped, that there is nothing premised in this paper, which may in any kind give offence to any now in place and power, either as to matters civil, or to that worthy and noble military General, by whose power & prudence much of our miseries have bin already released, and in whom it is by most believed there is such a generous and publick Ayre, and Spirit for the good and welfare of the Church and Nation; that however the mindes of some pious, sober, and judicious persons, are much flatted and dejected by severall particulars, which have passed and become publick; yet he being extricated and quitted, from the poysonous intoxications, of some very viperous Spirits, and the subtle and crafty insinuations of others, who, though not altogether so bad, yet much corrupted and misled by selfeish Interest and Faction: He will, upon due deliberation, seriously set his heart and thoughts upon the furtherance and advanceing that, and that onely, which may best conduce to the firme and lasting settlement of the peace, and quiet of a
torn
, tattered, and tyred people, whom he found plunged, and weltring in their own wretched and deplorable miseries and calamities. And as he hath had the honour to serve faithfully, the conjunct interest of his Soveraigne, and the Nation in his former imployments, so he will not be now induced to sever them upon any cause, specious shew, or pretence whatsoever: For be it what it will be, that is insisted upon, to move him to affect such a partition and separation (come it cloathed in what shape or colour soever it will or can come) he may rest assuredly certain, that it comes not without its speciall designe upon himselfe, which, (if not avoided) in the end will be his undoubted utter ruine and destruction; let him bring it,
Ad lydium lapidem
, to the true Touch-stone, either of Religion, Law, Justice, Equity or Policy, and try it by either of these, or all these together, and see, how empty, light, vaine, false, and counterfeit it will prove, in all its shews and pretences. It is known well enough, that there are some persons (and perhaps from too many of them he hath no few corrupt whispers) who are so fixed and rivited to a desire of accomplishing their own covetous and ambitious ends, though by meanes never so vile and ruinous to others: And are by selfe-guilt, so filled with rankour, envy and malice, against that person, which by all Laws of God, Nature, and the Land, should be sacred to them; That it is verily believed, that if an Angel or Seraphin from Heaven should appear, to perswade them to their duty in that particular, they like their seat and footing so well upon earth, and are so taken with the rule and domination, which they fansie they shall enjoy, in the Utopian Free State or Common-wealth, which they have floating in their own empty brains, and have so set up their heart, hopes, and faith upon it, that even such a message from Heaven it selfe, should not prevaile upon them. These men, let him please to avoid and shun (as to their whispers and Councels) as he would some noysome and hideous poyson, and hearken to the sober deliberations of the solid, judicious, and truly (not hypocritically) pious and moderate. And indeed (next to Almighty God, and his Sacred Word) consult but his own Soul and Conscience, which he hath professed, stands cleer, and
impartial
to all Interests and Factions, in this great businesse of the Nation; And let not the Publick Genius and Inclination, nay, the hearty and earnest declared desire and longing for, of the Nobility, Gentry, and Commonalty of all sorts, and from all parts and places thereof, be despicable to him, or slighted by him; but as he professeth his endeavours, for the publick settlement, so let him (declining all private junctoes) be directed therein, by publick advertisement. It is the whole People and Nations that must be obliged, let the whole People and Nations therefore freely be heard: should they desire in point of Government, (were it now in their choice) that which were not fit for them, if they be not hearkened to, they cannot be engaged: For as no man hath wrong with his consent, so certainly none in such case can be obliged against it. The generall and publick desires of the whole Nation in this particular, is known very well, nor is it doubted, but he will make good what he hath professed, and serve their publick true interest, and not the private corrupt interest and ends of some few. Many Millions there be on the one side, and some petty inconsiderable number, not worth naming on the other. Generall Peace, and a firm and lasting settlement, and happinesse on the one side; Warre, and distracting confusions, and in the end, general ruine and destruction on the other. Many other particulars may be hinted to him, but as he is noble and prudent, so it is verily expected, and earnestly hoped, we shall finde answerable effects thereof every way from him, and such as shall crown him with Riches and honour in this life, and eternall joy and happinesse in that which is to come.
FINIS.
THE CASE OF THE BANKERS And their CREDITORS. Stated and Examined; By the Rules of Lawes, Policy, and common Reason, as it was inclosed in a Letter to a Friend.
By a true Lover of his King and Country, and a Sufferer for Loyalty
.
Ad Reges potestas omnium pertinet, ad singulos proprietas, Seneca de Benificijs, Lib. 7. Cap. 4. & 5.
Rex ad tutelam Legis, Corporum, & Bonorum erectus est.
Lord Chancellour Fortescue,
cap. 13. 7. Rep. Calvin's Case, 5. a
Concilia callida & audacia, prima fronte læta, tractatu dura, eventu tristia.
Erasmus in Epistolis.
That State is in ill condition, where the justly accused shall take Revenge of the just Accuser, and where he that would save his Prince must ruine himself.
Sir Walter Rawleigh's
Prerogative of Parliament.
Printed in the Year, 1674.
Dear Sir
,
IN Obedience to your Command, I have committed to Paper some Notions I had conceived of the
Bankers
business, and the calamitous dependants thereon. I remember you thought me (though concern'd enough) pretty warm in this Argument last time I discourst it with you; and truly if hard usages will make a wise man mad, the Effect it hath upon a Fool (as I am) may well want a name. I have
I
praise God weather'd out all those dreadful storms which fell some years since upon the Loyal party (as you know) though with the Shipwrack of my person and Estate, and this (if
I
may speak it without Ostentation) I did with constancy and joy, for though I could see then nothing but Tempests and Hurricanes without me, yet my mind was alwayes refresht with sereneties and calmness, triumphing that
I
was thought worthy at any rate, to suffer for so glorious a cause. After his Majesties Happy Restauration, though neglected and despised, as many of far greater merit than my self likewise were, we did all however possess our souls with patience (though wise men tell us that it was never accounted the best policy to dismiss well deservers in point of Recopence with the satisfaction only of their Consciences, and the rewards of the next would). And now when we and our miserable Families had thought to have protracted (at least) a contemptible life with those poor remainders, and broken pieces of our Fortunes, behold in one moment those also are ravisht from some of us by our friends. By what name shall
I
express this treatment? Shall I call it a violation of the Widdowes Mite? or a breaking in on the Alms basket? no these reach it not, all nature cannot furnish me with a similitude.
Plin. in
Parger. ad Trajanum imperat.
Lipsy:
polit.
Lib 4 Cap. II.
Laleighs Prelog. of Parliament
in fine
Sir mistake me not,
I
would not be thought here to lay so great a calamity at the door of my dread Soveraign (a Prince in his own free nature, and unforc't inclination not to be paralleld for all Royal Graces) no Sir, the Law teaches me to conceive more Honourably of the King's Justice (by which his Throne is Establisht) and tells me that whatsoever wrong is done to the Subject, is effected by misinformations of his Majesty, and pernicious Counsells.
Pro. 16. 12
Nihil aliud potest Rex in terris
(saith Bracton)
cum sit Dei minister & vicarius nisi id solum quod de jure potest
.
Bractonlib. cap.
9.
The King can do nothing seeing he is God's Vicegerent, but that which he may lawfully do.
Rex hoc solum non potest facere, quod non potest injuste agere
(say the Judges in another Case) This one thing only the King cannot do, that he cannot do injustice (which yet is so far from impotency or imperfection, that it is a Character also of the Divinity).
Cook
d.
II. Rep. 72. a Magdalen col case.
And therefore
Markham
Chief Justice of
England
told King
Edward
the 4th. that he could not Arrest any man for a misdemeanour (as a Subject mought) because if the King did wrong, the party could not have his Action against him; we receive Life and Vigour from the influences of Heaven, but Distempers proceed from the Vapours of the Earth, which vapours yet can convey no infection into those Cælestial bodies: Even so sometimes the countenance of Princes may concur in the Execution of illegal advices, without sharing in the Obliquity and injustice of them.
Hen.
7. 4 b per
Hussey
ch.
Justice d'Angliter
.
The Poets have a witty Fable of
Tiresias
, the great Southsayer, that he foretold future events by the flying of birds, not that he did see the birds (for he was blind) but (say they) he had alwaies his Daughter
Manto
near at hand, who inform'd him of the manner of their flights, and according to her advertisements, the Father evermore divined: The Mythology or Moral of this Fable is oftentimes applicable to the best and most virtuous Princes, they hear with other mens Ears, they see sometimes thorough the
spectacles
of other mens eyes, and according to the colour of the glass, so is the object represented to them; black or red, or perhaps white, whereas the true tincture of the thing may be clearly otherwise; and yet all this while the fault is not in the eye, but in the deceptive glass. If a false Light-house be erected near a dangerous Rock in the Sea, and in a dark and tempestuous night the Ship is steered that way, as to a safe Port, and thereupon suffereth wrack, no body can with any reason impute this misfortune to the error or incogitancy of the
Pilot
, or governour of the Vessel, but rather to the malice and falsity of this wicked invention. Upon this ground it is that
Seneca
(a wise man, Tutor to an Emperor, and one that well understood what he wrote) breaks forth into that passionate interrogation,
Quid omnia possidentibus deest? ille qui verum dicat
. What thing only do they want which possess all things? Even (answers he) a person that will give them honest Advertisements.
Seneca
de Beneficio
lib 3. cap. 30.
And therefore the Lord Chancellour
Bacon
(among many other his excellent Counsels to the late Duke of
Buckingham
) urgeth this following document to him with a warmer zeal then ordinary. In respect of the King your Master (saith he) you must be very wary that you give him true information, and if the matter concern him in his government, that you do not flatter him; if you do, you are as great a Traytor to him, in the Court of Heaven, as he that drawes his Sword against him.
Cabala of Letters fol.
41.
This grievance of ours hath been represented to his Majesty under the pretence and umbrages of Royal Prerogative (which in truth he is obliged to maintain) and of publique Emolument and advantage (which certainly are the most glorious Objects of Royal prudence). With these and the like Blandishments Sir this Chrystal Fountain of Justice hath been poyson'd and contaminated. This is the Coloquintida with which so inspeakable a sweetness hath been imbittered, these are the Paintings with which so deformed an Advice hath been sophisticated. But let me tell you Sir, if in the sequel of this discourse I shall not clearly wipe off all these Varnishes and false colours, and effectively prove this advice to be as mischievous to his Sacred Majesty as his people, I shall think I have very meanly acquitted my self in this business.
I hope I shall not be thought to reflect herein, upon any person whatsoever, any farther then his own Conscience may scourge him in this particular. And I know there be many great and illustrious Hero's near his Majesty, (to whose service I could willingly sacrifice an hundred lives had I them) that do abominate so pernicious a Councel. 'Tis not for me rashly to touch heads
irradiated
with the Beams of Royal favour: For my part I meddle not with the person, but with the Advice abstracted,
Amo hominem, odi vitia
, is a good Rule
And I praise God and the King, we live not now in an Age wherein it is more hazardous to discover, an evil action, than to commit it, or wherein the justly accused shall take Revenge of the just Accuser.
Neither would I be understood here to erect my self into an Advocate for the Trade and mistery of
Banking
, A God's name where the Usuries of those people are by the King found outragious and illegal, let them be regulated and reduced to just moderations. All that I contend for is, that the Bankers (whose concernments are now apparently become ours) may by Opening the Exchequer be enabled to satisfy their just debts to their Creditors, that so the good and bad, the nocent and innocent may not thus be overwhelmed together in one and the same common Ruine.
Sir, let us not flatter our selves, posterity will assuredly discourse our Actions, with the same freedome that we do those of our Ancestors.
Irridenda est eorum socordia
(saith
Tacitus
)
qui presenti potentia credunt extingui posse sequentis ævi memoriam.
The improvidence of those persons (saith he) is ridiculous, who think by present power to extinguish the memory of future Ages. No this cannot be, the voluminous Histories of all Nations which we dayly read and handle, prove this project altogether idle and impracticable. Certainly there abides in mankind an immortal principle, a Ray of the Divinity which
naturally
inclineth us to a desire of Glory, and to have our names guilded to all Ages in the eternal Records of Fame.
Annalim
lib. 4.
Now Sir because you shall see with what Candor and fairness I will pro secute this Argument, I shall deduce my following Observations from the wisest Historians and Statesmen, from the greatest and most glorious Princes that the world hath at any time afforded, from justiciaries of the most profound Learning, and chastest integrity, nay from bodies of the wisest men of this and other nations in conjunction, from Parliaments and their Determinations remaining with us upon Record, and (because I would take off all imaginable objection to the credit of my Authors) I shall produce only such which have long since departed this life, which for that reason (as a wise King was used to say) were the most faithful Councellors.
Bacons Essay of Counsel.
Alphonso
King of
Costife:
Lipsii Epistola ad polit.
Such as these (as
Isocrates
tells) cannot be daunted with fear, or blinded with affection, or corrupted with preferments.
Ad Nicolem.
These have indeed the character of true Councellors, which is,
Ut non modo ne quid falsi dicere audeant, sed etiam ne quid veri non audeant
, that they will neither dare to tell a falsity, or conceal a truth.
Castellanus
de Officio Regis
Lib. I. cap. 55.
That would rather (as
Seneca
tells
Nero
)
Veris offendere quam placere adulando
. Offend by telling Truth, then please by destructive adulations and flattery.
De clementia
Lib. 2. cap. 2.
And lastly, such which
Demetreus Phalereus
advised King
Ptolomy
to converse with often; because quoth he,
ibi quæ amici monere non audeant Reges, ea facile omnia possint reperire
. There Kings may discover those matters themselves, which possibly their best friends sometimes dare not advise them to.
Stobæus
sermone
46.
Sir, I fear I have trespast too far upon your patience by way of Letter already, I shall therefore for your farther satisfaction in all these particulars refer you to the ensuing discourse, deteining you here no longer then while I subscribe my self,
Dear Sir, Your most Faithful friend and Servant
Sma. Ro.
THE Introduction.
THE Kings Debt to the
Bankers
, with the miserable consequences thereof, hath now (for little less then three years together) exercised the world with matter, not only of discourse, but astonishment. For indeed who will not be startled to see the common Faith of a Nation violated, and a forcible breach made upon all that may be cal'd Religious and binding, and this also in great measure, to the Ruine of Orphans and Widows, and several, even of those who with unwearied constancy resisted unto blood, and loss of whatsoever was dear unto them in defence of the Crown of
England
. I shall not here lanch out into the story of particular cases, that Theme will be infinite, and of force to endue stones with speech, and (by a contrariety of Miracle) to overwhelme the most eloquent with silence.
I doubt not but I have already Arrested my Reader with frequent amusements, and he is by this time impatient to know what may be the reason of all these words? and wherefore a private passenger in the Ship of the Common-wealth, should in this manner concern himself in the sayling thereof?
I answer, First that every Subject is obliged to vindicate, and propugne the Honour and Innocency of his Soveraign; and to cast the Envies and Malignancy of Pestilent Councels, upon the Donors and contrivers thereof, and perhaps this duty could never be more seasonably exerted then in this present Case. For I should be sorry that this Advisor (as a person of great Honour and worth, said not long since, of one of them openly) should like a Rabbit start out of his Borough, and look about him, and then run in again, and hide himself, and think no body observ'd him. Certainly he is no good Minister or Servant that will throw the odium of his own evil actions upon his Lord and Master.
I answer, Secondly that all men are interressed in the safety of the Vessel they are imbarqut in, though all ought not to preside at the Helme: And pernicious Advices (like the falcities of the Turkish Alchoran) oftentimes gain strength by the prohibitions of disputing them. I know I shall be thought to broach a Paradox, if I should affirm that some moderate freedomes of this nature, have been sometimes Characters and marks of the happiest and most peaceable Ages of the world; and yet if this assertion be not in some measure true, we must abandon faith to all History: For (as the Lord
Bacon
well notes) such Liberties give vent and discharge oftentimes to popular discontentments, and besides the Prince is hereby instructed in what part the Subject is pincht and griev'd, when perhaps he shall attain this information no other way.
Essay of Sedition and Troubles
And therefore
Augustus Cæsar
(one of the happiest and greatest Prince it may be that the Sun ever saw
Eutropius lib. 8.
) when he was told at any time, that even his own person, and his Edicts were too boldy discourst of in
Rome
, would say,
Quod in Civitate libera, linguas quoque civium liberas esse oportere
. That in a free City, the Citizens discourse ought also to be free.
Boterus
de politia
. lib. 7. c. 8.
And this candid profession of his, might possibly be no mean ingredient in the composition of his own felicities.
Thuanus
writing to the great
Henry
the
4th.
of
France
, unto other Laudatives of that Princes Reign, adds this, as none of the meanest.
Ea est Domine rara tuorum temporum fælieitas
(saith he)
in quibus unicuiq; sentire quæ velit, & quæ sentiat eloqui licet
. Such (Great Sir) is the rare happiness of your times, that in them every man may think what he pleaseth, and speak what he thinketh
.
Thuani Epistola ante Historiam suam ad Hen. 4. Franciæ.
And of the same complexion was that serene Age, in which the excellent Emperour
Trajan
Reign'd, as
Cornelius Tacitus
(who was then living) affirms, from whom the said
Thuanus
seems to have borrowed the very individual words before recited.
Taciti Hist. lib. 5.
in proemio
.
I write not this in countenance of clamour, and scurrilities against those things which I have alwayes reverenced and held sacred; but under favour, in our present case, where all nature is big, and in travail to be delivered of speech, I hope her voice shall not be stifled and supprest.
Thirdly, I shall redargue this Objector, with that principle (which the Advisers of this calamity have thought so puissant)
I
mean exigences, and invincible necessity, a necessity of no ordinary nature neither, but of near allyance to that thing which we proverbially say breaks through stone walls, that in hard winterly weather infuseth boldness even into Brutes, that also where nature languisheth, and the means wherewith she should be supported are unjustly substracted from her. The old Comicke saith well
TT'argyrion estin haima kai psychē Brotois
pecunia Anima, & sanguis est mortalibus
. Money is the life and blood of mankind. To deprive a man wrongfully then of that little money which he possesseth, what is it but to deprive him of his blood, yea of his life? I know the great and opulent men of the world cannot descend so low as to conceive how much it importeth poor men and their Families to be in a moment dispoild of all their subsistence, and to be bereav'd perhaps of a few poor weather-beaten, water-drencht Reliques, which they had rescued out of the wrecks of their Fortunes in the late dreadful storm of Rebellion, but yet they may please to believe, that we are as much paind with the pressures of our Little fortunes, as they are with those of their great ones. I speak this not out of any pride I take in comparing great things with small, but only to dispose my Reader to a favourable construction of my words, if my zeal may seem to transport me beyond the bounds of decency.
Lastly I am not altogether without hope, but that something possibly may happen to be said in this Scribble, that may conduce to the healing up this wound again. For the Physitians have a good Aphorism,
Primus gradus sanitatis, est novisse morbum
. The first degree of health is to know the nature of the disease.
I know some men are apt enough to alledge, that this case is the less considerable, because but a few persons are therein concerned. In this place I shall say no more, but that this Assertion is a great mistake. For first, our Money being expended for the defence of the Kingdome, it was laid out upon the publick utility, and certainly it will be very disproportionable that the common advantage should be maintained by a private contribution, and upon this reason
a person of great Honour and prudence
not long since in an Audience of the whole
Kingdome
doubted not to affirm,
That this concern was little less then national
But because this may seem to many to be but a precarious and begging Argument, and being founded upon a consideration of service and advantage, some time since done, may (in this ungrateful Age) prove but of mean regard. I will therefore Secondly, demonstrate this matter to be of Epidemical concernment in point of continuing and permanent interest: In order to this, I will supose that the King owes a Banker 1000
l.
this Banker owes me the like summ, I ow as much to a third, he to a fourth, and so in
infinitum
, and the Banker, my self, and the third person, have little else to satisfie our Creditors than this 1000
l.
which is owing severally to us. (which case may be well supposed to have hapned since the stop of the Exchequer) In this case then I say, it will be most evident, that if the King never payeth the Banker, the Banker can never pay me, or I the third person, or he the fourth, so that by a necessary chain of consequences, the 4
th.
person and his Creditors in
infinitum
, are as much grieved by the King's non-payment of the Banker, as I my self, who am the Bankers immediate Creditor. For as (I said before) money is the blood of the Body Pollitique, and we know if the circulation thereof be stopt in one Member, that blood can never be transmitted to the neighbouring Vein, and thereupon not only that part, but the whole body in fine becomes Feavourish and languishant. The like may be said of Rents, Executorships, Legacies, &c. And I doubt not but every man's consideration, and the particular interests of most persons, will furnish them with infinite instances of like nature, in a very little time.
But if this Reason prove not sufficiently prævalent in this matter, I must be inforc'd to go a step higher, and to say, Thirdly, That if this proceeding fall out to be an invasion of property (as I think I shall anon prove it is) then I say every individual person will be interressed in the Fate of this Cause. For by the same reason that the Rights of Ten thousand men may be violated, the Rights of Twenty thousand men may, and so in
infinitum
. And I think it is obvious to every man, that the publique and Parliamentary Cares, and wisdome of this State have been extended in point of redressing Grievances, not only to bodies of men, in number much inferiour to ours; but oftentimes even to particular persons, where the presures have been enormous.
The Principal Creditours of the Bankers have been computed to a number, little
inferiour
to this. The Creditors by consequence are far more
.
This is the Answer I shall give to this Allegation at present, in the sequel of this discourse, very probably I may add more.
These things premis'd,
I
shall now forthwith address my self to the main business. In the Argument whereof I shall observe these Gradations, or steps.
1. First,
I
shall shortly put the case (as it now stands) between the King and the Bankers.
2. Secondly,
I
shall prove that by this Councel of stopping payments in the Exchequer, the Subjects property is invaded at Common Law.
3. Thirdly, that hereby it is invaded contray to the Statute Law.
4. Fourthly, that this Councel is expresly
contrary
to his Majesties gracious promises and Declarations, Printed and promulgated by His own especial command.
5. Fifthly, I shall at large answer the grand Objection of necessity, and National danger (supposing too our fears to be at that time just) And shall prove by sundry Records and otherwise that the Subjects property is not violable but by his own consent, in cases of far greater National Danger then this was.
I
shall answer, the Rapines of
Ed.
1. and 3
d.
(and because I would take up this Objection by the Roots) I shall then shew what courses the Law hath provided for preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament.
6. Sixthly
I
shall prove that this Councel is
contrary
to the Pollicies hitherto used by the wisest Forreign States of the World, in far greater Exigencies then ours. I shall answer the Objection of some Princes not repaying Money lent them by their Subjects, to retain them in better Obedience.
7. Seventhly, I shall prove this Councel to be contrary to common Reason, and in some respects to violate the Rules of Humanity. That it is pernicious to the credit of his Majesties Exchequer. Then I shall truly state the case between
Phillip
the 2
d.
of
Spain
and the Bankers of
Genoa
, and shall prove that case essentially different from ours.
And Lastly, shall frame a Conclusion upon the whole matter.
Sect. 1.
The Case put between the King and the Bankers
.
I think it is now evident enough to every man that understands any thing, that the concernment of the Bankers is now become the concernment of their Creditors, and that both their interests are common, and so inseperably twisted together, that the prosperity of the latter, will depend altogether upon the Fate of the former. Insomuch that if the Banker never receive his debt, I do not in probability see how he will be able to satisfie his Creditor: we are therefore by invincible necessity obliged to maintain the right of the Banker, and in order thereunto I will now put his Case, which in short is not more but this.
A Banker lends to the King an hundred thousand pounds, more or less; this money is secured to the said Banker upon the Customes, or any other Branch of the King's Revenues, &c. by Order Registred in the
Exchequer
, or by Talley of Loane, or both, and then the King (upon the War-like preparations of our neighbour Princes and States) is advised to make stop of all payments out of the Exchequer, which is executed accordingly; whether by this Councel executed the Subjects property be invaded? and I clearly conceive it is.
SECT. 2.
That by this Councel of stopping Payments out of the
Exchequer,
the Subjects properti is invaded at Common Law
.
IT is an Essential principle of the Law of this Realme, That the Subject hath an undoubted property in his Goods and Possessions. Otherwise there shall remain no more industry, no more Justice, no more valour, for who will labour? who will hazzard his person in the day of Battail for that which is not his own? How can the Subject by any Act of Bounty ingratiate himself with his Soveraign? Neither was this Right of propriety introduc't there by any Charter or Edict of Princes, but was the old Fundamental Law, springing from the Original, Frame, and first Architecture of the Kingdome. There were manifest Footsteps of this Law in the Brittish, Roman, Saxon and Danish Governments here, nay it was of that vigour and puissance to survive even the very Norman Conquest; To prove which I shall crave leave to produce this following short memorable Record.
One
Shirboorn
a Saxon at the time of the Conquest, being seized of a Castle and Lands in
Norfolke, William
the Conquerer gave the same to one
Warren
a Norman, of principal Quality
; Shirboorn
dying, his Heir shewed to the Conquerour that he was his Subject, and that he ought to Inherit the said Castle and Land, by vertue of that Law which he himself had establisht in
England. In this Case the Conquerour gave Judgement for
Shirboorn
against
Warren
, and pronounc'd his own former gift void. See for this
Cambden
in his Description of
Norfolk
. And Sir
John Davis
Rep. 41, a. The Case of
Tanistry
. And there it is said by Judge
Calthrop
, that he himself had seen an Authentique Copy of this Judgement.
Lambards
Archaion.
Fortes. de laudibus Legum Angliæ
. cap.
17.
Dugdales
Origines Juridiciales.
Infinite Authorities there quoted to prove this, See there Fol.
5. 6.
For indeed the Common Law is not more solicitous of any one thing then to preserve the property of the Subject from the inundation of the Prerogative, And therefore where a custome is to pay Toll for all Cattle that shall be driven over a common Bridge, this Custome shall bind the Subject but not the King; but where a Custome is to pay Toll for all Cattle that shall be driven over a mans private Freehold, there the Custome shall prevail against the Prerogative, and what is the Reason? why, because the Law will not allow the King to invade the Subjects Inheritance and Property without consent and compensation, For this see the express book of 46 of
Ed
, 3. cited in
Plowden
236.
a.
The Lord
Barkley's
case. Many other cases of this nature are there recited, and in other Books of our Law, which for brevity I forbear to mention.
To come then to the Hinge upon which this point turns. I do lay this down for an indisputeable ground. That the Law of the Court of
Exchequer
is the universal Law of this Land, and so is
Plowden
320
b.
and 321
b.
The case of
Mines
, and
Cook's
2
d Report
16.
b. Lanes
case adjudg'd. Now then by the Law of the Exchequer, when the King hath charged himself to the Subject by Talley and liberate (as in our case) to pay a summe of money out of his Customes or any other branch of his Revenue, and his Collector hath received this Revenew; this money though at first it appertains in property to the King, yet as soon as ever the Kings Creditor comes to this Collector, and shewes him his Talley and Liberate, and demands payment accordingly, the property of this money (to the proportion of the Debt) by meer operation of Law, is transfer'd out of the King into the Collector or Receiver, and in an instant becomes the proper and personal Money of the said Collector, or Receiver; in respect of his charge over to the party. And so it is clearly affirmed by all the Judges of both Benches
Plowden 186. a.
Lord
Darcyes
case.
And therefore if the King grant a summ of money to
I. S.
to be received out of his Customs of
London
, I say that by the delivery of the Talley Liberate, and assets in the hands of the Customer, the Customer is become a Debtor to
I.S.
and he may bring his Action of Debt upon this matter against the Customer.
Coke's 4 Institutes, 116. F. N. B 121. F. 21. H. 6. Fitzh. Debt 43. 27. H. 6. 9. Fitzh. Bar. 314. Brook Talley
d'
Exchequer. 1. 37. H. 6. 15. Brooke ibid. 3.
Nay in such case if the Receiver dye, the Action will lye against his Executor. And therefore where the King had granted a Fee by Patent to the Clercke of the Parliament to be received out of the profits of the Hanapar, and the Clercke of the Hanapar dyed, yet adjudged that debt would well lye against his Executor, because so much of the Kings money was altered in property in the hands of the Testator, and yet here was no contract, privity in word, suit or Execution of Law between the King and Testator, or Executor, 2.
Hen. 7. 8. b. &c. Fitzh. Bar. 124. Plowden 36. b. and 186. a.
So if the King assign Talleys upon the Dismes (granted him by Parliament) to his Creditors, and they shew them to the Collectors of the Dismes, the King is hereby discharged, and the Collectors are charg'd, and the King cannot pardon the Collectors, or the Clergy which granted the Dismes.
1. Hen. 7. 8. a. Brook Charter
de
pardon
, 37. Nay so careful is the Law of the Subjects property in such case, that if after a like grant of the Disms, the King should dye, yet the Collectors are chargeable to the King's Grantee and not to his Successor.
1. Hen. 7. 8. a.
per omnes Justitiaries
. Brooke Quinzime 7. Fitzh. Quinzime. 2. Brook Talley
d'
Exchequer, 5.
Ob.
Now if any man shall say to me. Sir you have abundantly prov'd the stopping of the Exchequer, to be an invasion of Property as to the Collector and Customer, and the like by the Common Law, but nothing at all as to the Banker or his Creditor, which was the position you undertook to maintain.
To this Objection, I give this plain Answer.
That the stop of the Exchequer to the Collectors, Customers, &c. is by inevitable consequence a stop to the Bankers and their
Creditors
, (and so likewise their property violated) because by this Obstruction the Collector, &c. is disabled to satisfy the Banker, and the Banker his Creditor, and that Creditor his Creditor, and so in an infinite rotation throughout the
Kingdom
: just as a wrongful disinheritance of the Grandfather, is an injury to the Father, and Son, and so to all their Line in
succession
to the worlds end. Or (because this is the Hinge of the case as to the Common Law, and I would make it plain) I will suppose twenty Mills to be built upon one River, each of them in sequence one below the other, a person comes and damms up this River, or diverts the current thereof into a new Channel; I do say that by this diversion or Obstruction of the Stream the 20th Mill is injured as well as the first, because (if there were no Impediment) that water which comes to the first Mill would at the long run arrive to the twentieth
.
In so plain a case I need not make any Application, or indeed use any farther Argument as to the Common law-part of this discourse. I shall therefore cite but one other case, and that a far stronger one then ours, and then discharge my self of this Section.
The Case is
Mich.
1.
Hen.
7.
Fol.
3.
b.
and abridg'd by
Fitzherbert Barr.
122.
Touts les Justices fueront al
White Fryers
pur lour Fees, &c.
(saith the Book) All the Judges were assembled at
White Fryars
to consult about the payment of their Salleries which were behind. And their Case was this. By a Statute made 18.
Hen.
6. it is Enacted that the Customers shall pay the Judges their Salleries, out of the first Moneys arising out of the Customes of
London
. And then
Richard
the third grants License to certain Merchants to carry Wools, and to retain the Customs thereof in their own hands (which was as it were a little diminutive stopping of the Exchequer as to the Judges in this Case) And the question was whether the Customers shall be chargeable to the Judges for those reteinments of the Merchants; and after mature debate, Resolved by them all, That the Customers were chargeable even for those reteinments, though they never came to their hands; and in the end of that case, it is said, that the Judges design'd each of them to bring his Action against the Customers, which they perceiving, they forthwith agreed with the Judges to pay them their Salleries.
Now any man that shall well consider this case will find the Reason thereof to be, because though the King had granted the Priveledge of reteining the Customes to these Merchants, yet in contemplation of Law, the Customers did still actually receive those Customes, and so were chargeable to the Judges (like the case I put before of
Hen.
7. 8.
a.
where the King remitted the Dismes to the Collector, or Clergy) and the rather in this case, because this private License of the Kings shall not prevail over an act of Parliament, which had secured unto them their Salaries out of the Customes, which leads me to the next position which I have proposed to assert, which is.
SECT. 3.
That by this Councel of stopping Payments in the Exchequer, the Subjects Property is invaded against StatuteLaw
.
OUr Books tell us (and not without Reason) That the Parliament
Est un Court de tres grand honor & Justice, de que nul doyt imaginer chose dishonourable
, is a Court of thrice great Honour, and Justice, of which no man may presume to think a dishonourable thing.
Plowden 398 b
Earle of Leicesters case
.
And we cannot but suppose (saith the Lord Chancellour
Fortescue
) that Statute Laws carry with them no mean force as well as Wisdome.
Dum non unius aut centum folum consultorum prudentia, sed plusquam trecentorum electorum, &c.
When they are the results not of the prudence of one or two or three hundred only of the Select men of the Kingdome, but of a far greater number.
Fortescue
de laudibus legum Angliæ
ca.
8.
In this Orbe, the King like the Sun shines in the Exaltation of Majesty and grandeur, invironed by the illustrious members of both Houses, and from the conjunction of this great and lesser lights, propitious and refreshing influences are derived to the whole Kingdome. The Acts of this Court are the highest securities this Nation can give, and such securityes that do in themselves comprehend the universal consent of all mankind in this Realme, as well future as present.
Hobart 256. Duncombs case
. 21
Hen.
7.
a per Vavasor
.
I shall not here insist upon the Grand Charter, or upon any other Bulworks of propriety of that nature (though possibly pertinent enough to my purpose) but shall rather choose at present to apply my self to a Statute-Law of much fresher date and memory, and design'd for the Relief of this very particular case. And that is the Statue of 190 of his now Majesty, Chap. 12. which I shall recite (so far as it concerns my purpose)
verbatim.
Whereas it hath been found by experience upon the late Act for Twelve hundred and fifty thousand pounds, made at
Oxford,
and other Acts of Parliament since that time, that the power of Assigning of Orders in the
Exchequer
upon those Acts, without Revocation, hath been of great use and advantage to the persons concerned in them, and to the Trade of this Kingdome, and given great Credit to his Majesties Exchequer: Be it Enacted and it is hereby Enacted by the King's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons in this present Parliament assembled,
That every person
or persons, Native or Forreigner, Bodies Politique or Corporate,
to whom any Moneys shall be due in your Majesties
Exchequer,
and shall have any Order Registred in the Office of the Auditor of the Receipt, for the payment thereof out of any branch of your Majesties Revenue;
That such person or persons, Native or Forreigner, Bodies Politique, or Corporate, their Successors, Executors, Administrators or Assigns, respectively, by Endorsement of their Order,
may Assign
and transfer
their Right, Title, Interest and Benefit of such Order,
or any part thereof, to any other; which being notified in the Office of the Auditor of the Receipt aforesaid, and an Entry and Memorial thereof also made in the Book of Registry aforesaid for such Orders (which the Officers shall on request accordigly make) shall Entitle such Assignee, his Executors, Administrators and Assigns, or Successors respectively, to the benefit thereof, and payment thereon.
Now it will be plain to any man that shall consider this Statute, that the Parliament doth therein admit an unquestionable duty of the Mony, to the Lenders in the
Exchequer
(for so are the words, Every person to whom any mony shal be due in your Majesties Exchequer &c.) and the makers of this Act, could never mean that nothing should be transferd to the Assignee: For indeed all the Powers of the Universe can never make me Donor of that which never appertained to me, nor I never had in me to give, And therefore this money must first of necessity vest in my self in point of property, before I can transfer it to another person, so then if this Law secure this money to my Assignee,
a multo fortiori
to my self. Now that this Statute secures this money to my Assignee, I shall prove by three unanswerable reasons (as I suppose) all drawn out of the Bowels of this very Law it self.
Nit dat quod non habet.
First, the Inducements of this Statute appear in the preamble thereof to be. Advantage to the persons concern'd. To the Trade of the Kindome, and also great credit to the Exchequer. Therefore the makers of this Law could never design a transferring of the husk or shell only, that is of the Order or Paper, but even of the fruit it self, I mean the money in
specie
, for that is it which carryes the Advantage, the Trade, and the credit with it and not the Order or writings as many of us find by wofull Experience.
Secondly, there is no man doubts but that the moneys lent upon the
Oxford
Act of 17.
Car.
2.
cap.
1. for 1250000
l.
And upon the Pole-mony, Bill. 18
Car.
2.
cap.
1. And upon the Act of 19
Car.
2
cap.
8 for 1256000
l.
were unquestionably secured to the Assignees of the Lenders by those several Acts; why then I say that all moneys since that time Lent into the
Exchequer
, & charg'd upon any branch of the King's Revenue, are equally secur'd to them by this Act, and that not only first because this Act in the preamble thereof refers expresly to those other Acts; But Secondly, (then which I think nothing can be plainer) because the moneys secured by this Act to the Assignees are secured with almost all the same numerical, identical words, with which the moneys lent upon the three other Acts are secured: And this will be obvious to any person that shall curiously compare all these Acts together, to the which for brevity sake I am inforc't to refer my Reader.
Lastly, this Act declares in express terms that the Assignees of such Orders for money due in the Exchequer, their Executors Administrators and Assignes in
infinitum
shall be Entituled
To the Benefit of such Orders, and Payment thereon
, which words being so plain, that he that runs may read, and wrote as it were with a Beame of the Sun, I think there can be no place left for farther cavil or subterfuge in this matter.
I had almost forgot to observe that this Law (the King being therein concerned) is a general Act of Parliament, of the which not only the Judges, but even every individual Subject of this Kingdome ought to take knowledge of course; for as the inferiour Members (saith the Book) cannot estrange themselves from the actions and passions of the head, no more can any Subject be a stranger to the concernments of his Sovereign.
Cooks
4
th. Rep.
77.
a. Hollands Case. Plowd. Lord
Barkley's case, ibid. Wimbishes case.
This I would add to those Answers I gave before to the Objection, that this affair was private, and that few persons were concernd in the present Case of the Bankers and their Creditors, now I proceed.
SECT. 4.
That this Counsel of stopping up the
Exchequer,
is expresly contary to His Majesties gracious promises, and Declarations Printed and publish't by His own especial Command
.
MY design all along in this discourse being to discover the pestilence and mischief of this Councel, in relation as well to his Majesty as his people. I cannot with better advantage discharge my self of the Province I have undertaken in this Section, and manifest how unhandsomly his Majesty hath been treated by this Adviser, then by considering a while the sanctimony of promises among Princes.
Nothing then I say is more sacred or tremendous among Princes then their publik Faiths and Declarations. This the Emperour
Tiberius
understood well when he said
Cæteris mortalibus in eo stant concilia quod sibi conducere putant, principum vero, &c.
. Inferiour persons may order their Councels, as they best sort with their advantages, but the condition of Potentates is different, whose actions are principally to be directed to Fame and Glory.
Tacit. Ann. lib.
4.
And for this reason Q.
Elizabeth
in her private Letters to K
James
, was used to admonish him that a Prince must be such a lover of Truth, that more credit may be given to his bare Word, than to anothers Oath.
Cambden and Baker
vita Elizab. Regina
.
And we know that the man after God's own heart, and a King too, writes,
He that promiseth to his Neighbour, and disappointeth him not, though it were to his own hindrance
.
Psal.
15. 5.
I do never without Admiration think of that great saying of
Charles
the 5
th.
Emperour, when he was prest to break his word with
Luther
, for his safe return from
Wormes.
Fides rerum promissarum
(quoth he)
et si toto mundo exulet tamen apud imperatorem eam consistere oportet
. Though the faith of promises should be banisht out of the world, yet it ought alway to find Sanctuary in an Emperours breast.
Xenocarus
vita Caroli
. 5.
And to this virtue even
Campanella
the Jesuite doth vigorously advise
Phil.
the
2d.
of
Spain
, for nothing saith he doth more effectually oblige the Subject to the Prince then fidelity of promises.
Spanish Monarchy c.
27.
By this means (continues he)
Alexander Farnese
Duke of
Parma
, contain'd the Netherland in Obedience to
Spain
, whereas the Duke of
Alva
by the contrary course lost them.
Cicero I
Offic.
And this will not seem strange to a man that shall consider, that
fides
(as
Tully
saith)
est justicia fundamentum
. Faith is the Foundation upon which Justice is built,
Justitia vero nulla esse potest
(saith
Boterus
)
nisi conventionum fuerit, & promissorum certa fides, ac necessaria solutio rerum creditarum
. But there can be no Justice without performance of promises, and fair satisfaction of Debts.
Boterus
de politia.
Lib. 2 c. 9
.
And this most of all in the case of Princes, for (as
Bodine
affirms)
Cum summus Princeps mutuæ fidei inter privatos ac Legum omnium ulior & vindex est, quanto magis datam a se fidem ac promissa servare tenetur
. For when a Prince is himself to avenge the violations of Faith and Lawes among his Subjects, how much more then ought he himself to observe his own Faith and Promises
De Repu
Lib.
5.
cap.
8.
Fortescue c.
37.
: And in this very point he voucheth there a judgement of the Parliament of
Paris
against
Charles
the 9
th.
of
France
, and a little after adds,
Itaque in judiciis cum Fides principis agitur, &c.
Therefore saith he, when the Faith of a Prince happens to be debated in Judicature, we are rather to consult the benefit of the Subject, and in such case to treat the Prince more severely.
And this indeed is no more then what the municipal Lawes of this Kingdome warrant, which say, that the Grants of the King are to be Expounded liberally, and withal imaginable favour to the Subject, for the Honour and Dignity of the King, as also that the King's
Teste me ipso is Recordum Suparlativum
, a Record of the highest puissance and grandeur.
Cooks
II.
Rep. Magdalen Colledge case
.
I have the more largely here dilated upon this Subject, that I might with a greater clearness disclose the Poyson of this Advice, it being so apparently contrary to his Majesties most gracious Promises and Declarations Printed and promulgated by his own immediate Order, and particularly that of the 18
th.
of
June
1667 (of the which several Copies then Printed were preserv'd by my self and others, as the highest Muniments and Securities for our Monies in the Bankers hands.)
This is stiled
His Majesties Declaration to all his loving Subjects to preserve inviolably the Securities by him given for moneys, and the due course of payments thereon in the Receipt of the Exchequer
.
See this Declaration. in the end of this Treatise
In this Declaration (about the middle) these very numerical words following are inserted.
And that we will not upon any occasion whatsoever, permit or suffer any Alteration, Anticipation, or Interruption to be made of our said Subjects
(that is, of the Bankers)
Securities, but that they shall from time to time receive the moneys so secured unto them (upon several branches of the Royal Revenue, and other late Acts of Parliament
saith the preamble)
in the same course and method, as they were charged and ought to be satisfied
. Immediatly after follow these remarkable words,
which Resolution we
shall
likewise hold firm and sacred in all
Future
Assignments and Securities
to be
by Us granted upon any
Other
advance of money by any of our Subjects
(note this is general)
upon any
Future
Occasion for Our service. And we cannot doubt upon the Publishing this Our
Royal
Word and Declaration of Our
Sincere Intention,
but that all reasonable persons will rest satisfied, &c.
Now I would fain know what more adæquate or preventive words could have been devised by the Wit or Providence of men and Angels to have stifled so great a calamity in the Birth.
Neither will it be an Observation perhaps altogether immaterial and impertinent, that in the very next Session of Parliament,
viz.
in the
October
immediately following the Statute of the 19
th.
of his now Majesty,
cap.
12. (which I have before recited) was made, as it were in Buttress and support of this Royal Edict and Declaration.
These things standing thus as I have represented them, however the King's Honour and Justice (like a Rock of Diamonds) remains still impenetrable, neither is his Sacred Majesty in this case any more to be accused of the breaches of fidelity, then the chast
Lucretia
was guilty of incontinence, when wearied out and forc't by the Adulterer.
Duo fuerunt
(saith the holy Father)
at unus commisit Adulterium.
Two they were, and yet but one of them committed Adultery.
St. Austin
.
When Judge
Thorp
was condemned to death in Parliament for Bribery The reason of that judgement is given,
Quia
(saith the Record)
predictus Willielmus Thorpe sacramentum domini Regis quod erga populum suum habuit custodiendum, maliciose false & rebelliter fregit &c.
Because the said
William Thorp
had broken the Kings Oath, it doth not say his own Oath, but the Kings Oath, that solemne and grand obligation, which is the security of the whole Kingdome, and the knot of the Diadem, so that as the Kings Oath may be broken by others, (his own unspotted honour and justice unviolated) so likewise may his Royal Faith and gracious promises as in our case.
Rot. Parl.
24.
Ed.
3.
pars.
3.
Memb.
2.
in Dorso. Et Rot. Parl.
25
Ed.
3.
Pars
I
a. memb.
17.
SECT. 5.
The grand Objection of necessity and National Danger supposing also our Fears to be at that time just) considered at large and Answered. That the Subjects property is not violable in this State, but by his own consent, in cases of far greater National danger then this was, proved by sundry Records and otherwise, the Rapines of
Edw.
the
1st.
and
3d.
upon the Subjects Moneys in Churches, &c. considred and answered. What courses the Law hath provided for the preservation of the Kingdome, where the danger is instant and cannot stay for a Parliament
.
I am now at length arrived to the grand Objection of this case, the validity of which I am necessitated (though with reluctancy in my self) to consider, because if this Objection prove impregnable, the Councel of stopping the Exchequer may seem to be built upon a good, or at leastwise an
excusable
foundation, and so in all that
I
have hitherto said,
I
shall seem to have trifled with and eluded my Reader. And herein (because
I
pretend not to any Arcanums of State)
I
shall handle this point by way of Admittance and shall suppose that the fears and jealousies which at the time of shutting the Exchequer did possess this State were just, and such as might well fall upon constant and deliberating mindes. The Objection then will run thus.
Ob.
Ob.
That our Neighbour Princes and States were making vast preparations for War, that the Heavens about us were black and Cloudy, and where the storm might fall no man could Divine. That
Necessitas est Lex temporis, Quæ non habet Legem
.
That necessity and self preservation superintend all Lawes. That it is more eligible to lop off one member from the Body Politique, or at least wise to let an Arm, or perhaps a finger thereof blood, then that the whole should be endangered, &c.
Sol.
Sol.
The Objection
I
must confess is important and weighty, and will deserve a substantial Answer. In order thereunto
I
must in the first place mind my Reader that
I
have (as
I
suppose) by irrafregable Argument proved the property of the Subject in this case violated.
I
will then add, that it is a Fundamental Law of this Realm that the Subjects propriety is not violable, no not in cases of National Danger, without his own free and voluntary consent, and that, First by the consent of his own individual person, or Secondly by that of his Representatives in
Parliament
, to whom he hath delegated his consent. To prove this I could produce infinite Records of Parliament and other Courts, but (for brevities sake) shall content my self with some few, doing herein like one that chooseth 5 or 6. full eares of Wheat out of a select sheaf, who must necessarily leave behind him as good as he takes.
The first Record therefore that I shall insist upon, will be that memorable one of 14.
Ed.
2. in a Writt of Error upon a judgement given in
Durham
in Trespass by
Heyburne
against
Keylow
, for entring his house, breaking his Chest, and taking away 70
l.
in money upon a special verdict, the case was this.
The Scots had entred the Bishoprick with a formidable Army, making great burnings and spoil, the Commonalty of
Durham
(whereof the Plaintiff was one) apprehensive of the common danger, consulted together, and at length agreed to send their agents to compound with the Scots, for money to depart, and were all sworn (the Plaintiff being one) to perform such composition, and also what Ordinance should be made in that behalf, thereupon they compounded with the Scots for 1600 Marks, but because this Money was to be paid without the least delay, they all consented that
Keylow
the Defendant and others, should go into every mans house, to search for ready Money, to make up the said summe, and that it should be repayd by the same Commonalty, and thereupon the Defendant entred the Plaintiffs house, and took the said 70
l
, which was paid toward that Fine. The Jury were demanded whether the Plaintiff was present and consented to the taking of the Money, they said no. Whereupon the Plaintiff had Judgement to recover the 70
l.
upon this Judgement the Defendant brings his Writt of Error in the Kings Bench, and assigns errour in point of Law, and there the Judgement was reverst, because
Heyburn
(whose Money it was) had agreed to this Ordinance, and was sworn to perform it, and
Keylow
had done nothing but by the express consent of
Heyburn
, and therefore was no Trespassor, and that
Heyburn
had no other remedy for his Money, but against the Commonalty of
Durham
. By which it appeareth, that if the owner of the money had not particularly concented, such Ordinance could not have bound him, and yet this was in a case of imminent danger, and for publique defence.
Mich.
14.
Fd.
2. B R.
Rot.
60.
The next is a Record of the Parliament of 20
Ri.
2. some little time before this Session, the French had actually invaded this Realm, they had burnt
Portsmouth, Dertmouth, Plymouth, Rye
and
Hastings
, they had possest themselves of the Isle of
Wight
, beseiged
Winchelsy
, and at length entring the
Thames
with their victorious Fleet, came up to
Craves end
, and burnt most part of that Town, and (which was yet worse) in the North, the Scots had burnt
Roxborough
, and were ready to over run all the North of
England
, the Realme being thus beset both by Sea and Land with the united puissance of two mighty Kingdomes, and like a Candle burning at both ends, the publique Treasure also exhaust; a great Councel was forthwith call'd of the Prelacy, Baronage, and other great men, and Sages (or Judges) of the Nation, to consult about these difficulties, they came at length to a final resolution, the which
Scroop
, then Lord Chancellour, delivered to all the Lords in the ensuing Parliament, which (as the Roll above quoted saith) was thus. That since the last Parliament, the said Councel met, and considering the great danger the Kingdome was in, and how money might be raised for the Common Defence, which could not wait the delay of a Parliament, and how the Kings Coffers had not sufficient in them, they all concluded that money could not be had for such defence, without laying a charge upon the Commonalty, and that such charge could not be imposed without a
Parliament
; and the Lords thereupon supplyed the present necessity with their own money, and advised a Parliament for farther supply, and Repayment of themselves, which was accordingly done.
Rot. Parl. Ri. 2. pars I. a.
I think no man will pretend that our late danger (to say no more) was greater than this; and yet because there was no other course in those times thought lawful for the raising Treasure upon the Subjects Goods then by their own ascent in Parliament, only that course was then thought fittest to be practised, which was such as ought to be obeyed.
The next Record is the Statute of 31.
Hen.
8.
cap.
8. some years before, this King had dissolved the lesser, and in the year of this Satute the greater Monasteries; which being a new precedent made a great noise, and the event thereof was apprehended with terrour and amazement all over the Christian world, this administred secret feeds of discontent to many of the people, which after broke out into open Rebellions (as our Chronicles declare) in several parts of the Kingdome; this King (though standing as much upon his prærogative as any of his Predecessors) to provide against the like suddain eruptions of this Torrent, which would not stay for Parliaments, procures a Statute to be made, that the King for the time being, with the Advice of his Councel, two Bishops, two chief Justices, and divers others, might by His Proclamation, make Ordinances for punishing offences, and imposing penalties, which should have the force of a Law, but with this proviso [that thereby no mans life, or property, Lands or Goods should be toucht or impeacht] so then though the Royal Power was thus corroborated by this Statute, yet the Parliament took care, that no mans Life or Property should be ravisht from him. However notwithstanding the said Restriction, this Statute was thought inconvenient, and thereupon repealed soon after, in 1.
Ed.
6.
cap.
12.
Old booke of Statutes
31
He.
8.
cap.
8.
This Kingdome never laboured under a juster fear then in the Year 88. when it was assaild by that invincible Armada, or Sea-Gyant (as the Lord
Bacon
His War with Spain
.
calls it) and yet every mans Right was then preserved inviolable. Nay the Queen was so tender in that particular, that (as our Historians say) She gave Express Order that not so much as an Ear of Corn should be burnt, or other Goods of her Subjects devastated, until the Enemy had actually Landed, and was even upon the very point of possessing them himself.
Cambden in
vita
Elizab.
1588.
And therefore where the case of 8.
Ed.
4. of plucking down the Suburbs of a City without the consent of the owners, in time of War, is Law, it must be understood of an actual Invasion of the Enemy, when the danger is in
potentia proxima
, and the Fire ready to take.
8.
Ed.
4.
And this manifestly appears by the Record of 11.
Edw.
2. where the Mayor and Citizens of
Dublin
puld down the Suburbs of that City, but it was (saith the Record)
Super imminentem hostilem irruptionem scottorum inimicorum infra Hiberniam, & pro salvatione Civitatis prædictæ, & ne dictis inimicis ad Civitatem prædictam facilior pateret ingressus &c.
Claus.
II.
Ed.
2.
Memb.
19
Dorso pro majore & civibus
Dublin
.
And yet this Corporation neither would not trust to this point of Law, but for their better security procured the King's Pardon, which yet was cautiously enough drawn, for it was
Pardonamus eis & cuilibet de communitate Civitatis prædictæ id quod ad nos pertinet de prostratione prædicta, &c.
We Pardon as much as in us lies, &c. as appears by
Pat. de anno
12.
Edw.
2.
Memb.
30.
intus de pardonacione pro majore & Civibus Dublin
.
And so of the case of
Gravesend
Barge. If the Ferry-man may justify to throw my Goods over-board to lighten the Vessel, it must be upon an instant Tempest, and inevitable peril; but if the Ferry-man shall say, I see a Cloud yonder my Masters, its like to be a great storm, and thereupon shall throw them over, I doubt that is not at all justifiable in Law.
Mich. 6. Jacobi Cokes.
12. Rep. 63.
I shall now draw nearer our own times, and present you with a Triumvirate of precedents (to say nothing of the Petition of Right) in one and the self same Parliament (no less then that which attain'd the name of
Parliamentum Benedictum
) I mean that of 3.
Caroli primi
.
Cokes
3d
Inst.
3.
First the Judgement of the two Houses in that Parliament in Dr.
Manwarings
case, who was sentenc'd by them principally for declaring in a Sermon (which he afterwards Printed) that the King in Cases of imminent danger to the Kingdome, might without Parliament Levy Money upon the Subject.
Rushw Hist. Collect.
3.
Carol
There were other collateral charges against him its true, but this was the principal, and to this he chiefly applyed his Defence, and would have excused this Assertion by limiting it only to Cases of National Extremity, but that would not serve his turn, he himself submitting, and the Sentence afterwards affirm'd by the Kings Proclamation for suppressing the Book.
Journal of both Houses.
The second is the Commission for
Loane
, to carry on the War for the
Palatinate
, in which was suggested the safety and very subsistance of the King, People, and Religion to be in instant danger, that his Majestie's
Rushw. Hist. Collect
3.
Caroli
Coffers were exhausted, that the supply could not stay for a Parliament, that the King upon his Accession to the Crown, found himself ingaged in this War, and that by advice in Parliament (which I think may deserve some remark) and only lending a little Money for prevention required, Now I would fain know what suggestions could have possibly been more substantial or persuasive, But because this course was compulsary, and without consent, these Commissions in the same Parliament were resolved to be illegal, and so consented to be by his Majesty, and so declared a little after in the same Parliament in the Petition of Right.
Poultons Statutes 3. Car. I. cap. I.
The third is the Commission of Excise issued to 33. Lords and others of the Privy Councel in which they are commanded to raise Moneys by impositions or otherwise, as in their judgements they shall find to be most convenient.
Rushw Hist. collect.
30.
Car.
The Suggestions here, were for the most part the same with those in the above mentioned Commission of
Loane
, and yet adjudged by both Houses contrary to Law; and the Lords desired his Majesty that this Commission of Excise might be canceld, and shortly after it was canceld by the King, and thereupon brought so canceld into the Lords House by the Lord Keeper, and by the Lords so sent to the Commons.
In the last place I shall cite the Statute of 17.
Car.
1.
cap.
14. For the Reversal of the Judgement in the case of the Ship-writs, I am not willing (as well of brevity as other reasons) to recite this Statute at large, but I dare engage that no man shall read that Law, but will say it is a most direct Judgement in the point against the violation of propriety in case of National danger. If any man however, shall for reasons best known to himself, Arraign or Calumniate this Act of Parliament, I shall say no more then this. If it be Law, why may I not vouch it? If it be not, why is it not Repeald? why doth it still cumber our Statute Books?
I am heartily sorry to have had so invincible an occasion administred to me here, of disturbing the Rest of these sleeping Muniments of propriety; but this presumption also must be added to the black train of those Calamities which follow this pernicious Councel. It is but natural to mankind to bring in what Arguments they can to preserve their undoubted Rights, especially when irritated by that unhappy Thing which renders men not only miserable, but (as the Poet saith)
Ridicule
and
contemn'd
.
Juvenal Saty. 3.
versus
151.
Neither have I here (I hope) invaded the just Regalities of his Sacred
Majesty
(for which no person hath an higher veneration then my self) but rather confirm'd them. For (as Sir
Francis Bacon
then Atturney General said) whilst the Prærogative runs within its ancient and proper Banks, the main Channel thereof is so much the stronger, for Overflowes (he adds) evermore hurt the River.
I.
Refusutario fo.
65.
If any man after all this Evidence be yet unsatisfyed in this point, I will send him to
France
(for I would rather find a President there) and advise
Guilme Fermyes Commentary on the Customier of
Normandy.
him to consider the case of
Normandy
. That Dutchy had been for some time rak'd with Exactions contrary to their Franchise and Customes, and thereupon complain to
Lewis
the 10
th.
the then French King, he by his Charter in the year 1314. recognizing the Right & Priveledges of these people, and the injustice of their Grievances, grants that from that time forward, they shall be discharged from all Subsidies and Impositions to be laid upon them by him or his Successors, yet with this deadly sting in the tail of all [
Si necessitie grand ne le requiret
, Unless in cases of great necessity
] which Minute and almost insensible exception we see hath eaten up (upon the matter) all their immunities, for though these States do annually assemble, yet their Convention is little better then the carkass of a Parliament, and they are become but the necessary Executioners of the Royal pleasure.
Comines Hist. of
France,
Lib.
13. Fortescue
cap.
35.
Obj.
Ay, but did not our
Ed. 1.
and
Edw. 3.
do greater things then stopping the Exchequer? are not our Chronicles full, of their breaking even into the Churches and Abbies, and ravishing the Treasure of the Subject for Supply of their Warrs.
Admitting this Allegation to be true, I Answer.
Sol.
First, we discourse not here what hath been done,
de facto
, but what may be done
de Jure
. And to counterballance these, we may put other Princes of this Realm of a contrary complexion into the other Scale.
Edward
the Confessor restored the
Danegeld
Money (a grievous Taxe formerly in use here) to the persons from whom it was exacted, it seeming to him (as no mean Authors write) that he saw the Devil danceing and triumphing upon that vast heap of Treasure, when he was conducted by his Officers to view the same.
Polydore Virgil. Ribadinira Cop. grave Surius
And (by the way) this Act of singular piety he did, when his people laboured under a dreadful Famine.
King
Henry
the Second (say our Chronicles) maintain'd great Wars, and obtaind a larger Dominion then pertain'd at any other time to this Realm of
England
, and notwithstanding never demanded Subsidy of his Subjects;
Selden's
Marc
clausum
, Lib
2
Spilm Glossary title Danegueld
and yet his Treasure after his death was found to be, Nine hundred thousand pounds besides his Jewels and Plate.
Speed, Baker, Haywards Hen
4. I.
part. p.
56
Certainly a prodigious summe in those dayes!
It is notorious also that
Queen Mary
did by her Letters Patents, of her meer Grace and great Clemency for the succour and relief of her loving Subjects (saith that Record) pardon and remit a whole Subsidy given by them to her Predecessor, which release was afterward confirm'd by Parliament.
Old Statutes I
Mariæ sissio
2.
cap.
17.
And Queen
Elisabeth
also remitted one Subsidy of four granted to her saying,
It was all one to her, whether the Money were in Her Subjects Coffers or her own
.
Cambden
vita
Elizabethæ.
Secondly these Depredations begot many good Lawes for the firmer munition of property for future time, and particularly this violence of
Edw.
1. was executed in the 25
th.
year of his Reign, and in that very year (and not in 34
[deg]
as our Printed Statute Books say) was made the Statute
de Tallagio non concedendo
, with which the English defend themselves (saith
Bodine
)
quasi Clypeo
, as with a Buckler against their Prince.
De Repub.
lib. I. cap. 8
Thirdly, this King (as our Chronicles affirm) layd this outrage much to heart, and that before his Royal Pallace at
Westminster
, invironed with infinite numbers of his people, thither by him purposely summoned, and being rais'd upon an Ascent or Pedestal, the better to be heard and seen, the Prince, Arch-Bishop of
Canterbury
and the Earl of
Warwick
also standing with him.
Lib. 3. cap. 9. columna 2510
Rogavit populum accepta licentia
(saith Knighton)
ut omnia condonaretur ei, & orarent pro eo
. He earnestly intreated the people that they would forgive him, and pray for him. And
Matthew Westminster
goes yet farther
Rex erumpentibus lacrymis
(saith he)
veniam de commissis humillime postulavit.
The King bursting forth into Tears, did most humbly aske pardon for what he had done (a passionate transport of a Prince that before that time had rendred himself redoubtable among the
Saracens
as well as the
French
, and that had triumpht over
Scotland
and
Wales
!)
Math. Westminster. pag. 409. 410.
And after he had excused himself to them, with all the sweetness of Expression adds.
Et omnia oblata reddam vobis
. And I will restore all that I have forct from you.
Math. Westm. ibid.
And in pursuance of this promise forthwith makes an
Bundelæ Brevium de privato Sigillo in Tutre
London
. Anno 25. Ed. I & pit. 26 Ed I Mem. 21
Ordination of Councel (which I have seen in French, and can produce the Copy) to issue forth Commissions of
Oyer
and
Terminer
, into all the Counties of
England
, to enquire what things had been forcibly taken by his Officers, out of the Churches or else where, from the Clergy or Laytye, either to guard the Seas, or for any other purpose, with Warrants or without, during his Wars with
France
, and to determine those matters.
Et ce qe serra pris, seit returne a ceaux, qe le damage ont receu
(saith the Record) And that those things that were forct away might be return'd to them that had receiv'd the damage, and to punish the parties offending, which
Pat. 26. Ed. I. Memb. 21. inquirendo super gravaminibus populo Regnifactis &c.
Commissions were accordingly executed (many of which I have seen, and can produce the Copies) in which are contained many excellent particulars, too long here to be recited. And for those small Remainders of Moneys which hapned not to be restored or satisfied by vertue of those Commissions, they were two or three years after recovered in the very ordinary Courts of Justice, to prove which (among many others)
I
will cite this one Record.
Coia. Pa.
29.
Edw.
1.
Rot.
18.
The King
pro urgentissimis Regni negotiis, & pro defentione totius Regni
(
saith the Record) had seized divers summes of money in all the Abbies, Cathedrals, and Religious Houses within the Realm, &
(
quo citius commode poterit
)
promised repayment: In the Parliament of
29
Edw.
1.
at
Lincoln
the King is Petitioned for repayment, who promiseth payment
.
Ita quod Regis conscientia super hoc exoneretur
,
and there, and
Rot. 19.
Divers summes are adjudged to be repaid
. Again it is not at all probable this Prince would be negligent in paying his own, that was so just in satisfying his Fathers Debts (as we find by our Records) so that upon the whole matter, notwithstanding this Objection;
Pat.
4.
Ed.
I.
Memb.
19.
intus
I
think we may concurr well enough with Sir
William Herle
Ch. Justice of the
Common Pleas
, who in 5. of
Edw.
3. saith of this
Ed.
1, (in whose time he lived)
Que fuit pluis sage Roy que unques fuit
. That he was one of the wisest Kings that ever was in the World.
Pasch. 5. Ed. 3
casus
5.
For
Ed.
3. his Rapines likewise produc't very benificial Lawes to the Subject, as will be manifest to any man that shall peruse the Statutes of that time. They were actions which he never justified, but excused alway with singular Resentments. As appears by his Letter (extant upon Record) to
John Stratford
then Arch-bishop of
Canterbury
, in the which he recounts the Tallages and Exactions with which he had burdened his people which (he saith) he could not mention without inexpressible grief of mind, and there excuseth himself upon the inevitable necessity of his warrs, and desires the Arch-bishop to satisfy the people, and to stir them up to pray for him, hoping ere long he should make them compensation, and give them comfort.
Rot. Almaniæ 12. Ed. 3. Mem. 22 in Dorso De excusando Rege populam versus
.
Ob.
There remains yet one Objection with which I am inforc't to encounter,
se defendendo
, because I perceive it ready to assail me. And that is, that the Parliament is a great Body, (I speak it with all due reverence) and moves slowly, and therefore if the Law allow not some other course (as this of stopping the Exchequer or the like) in raising money in case of suddain Danger, the Kingdome may be lost before the Parliament can supply.
Sol.
To this I answer, That all Warrs are either Offensive of Defensive. If it be Offensive, it cannot be suddain, for it is the King's own Act, and the result of mature deliberation; and so
there
may be time enough to call a Parliament, if it stand with his Sacred Majestie's good will and pleasure. If it be a Defensive War by Forreign invasion, which
I
shall (to avoid Cavil) agree may be suddain (though a great Statesman tells us, that these Clouds are commonly visible afar off before the Tempest fall)
I
say if by Forreign Invasion, then first the impulse of self-preservation (an indelible Character wrote on every man's mind by the very hand of Nature) will dispose all Mankind to expose their Lives and Estates, which otherwise they must inevitably lose.
Comines fol.
179.
And this seems to be the case of this Kingdome in the Year 88. for there was then no Parliament sitting, but many of the Worthies of that time, (some of whose names are transmitted to Posterity) at their own private charges, brought in men and Ships to the Common Defence.
Cambden
vita
Eliza.
But Secondly, if we are to suppose that men must be drag'd and haled to their own preservation; I say then the Law hath provided, that in case of Forreign invasion, every Subject within the Land, high or low, whether he hold of the King or not, may be compel'd at his own charge, to serve the King in person. To prove this I can vouch Authorities from Common Law. Statutes and Records which for brevity
I
will not quote at large, but (least any man should doubt hereof) will only point where they may be found.
Common Law, see 7. H. 4.
Brook Tenures
44. & 73.
Fitch
. Protection 100.
Coke
7.
Re.
7. b.
Calvins case.
2
Rolls Title Imposition
165. &c. 1
Inst.
69.
b.
in fine
.
For Statute Laws see (among many others) 1.
Ed.
3.
cap.
5. 11.
H.
7.
cap.
1. 11.
H.
7.
cap.
18.
&c.
For Records (among many others that
I
have seen)
I
will crave leave to vouch two.
The First is 14.
Johannis Regis
, where upon an imminent French invasion,
King John
issues out Writts, in which he summons all his Subjects, high and low to repair forthwith to
Dover.
Math. Paris
223.
Matth. Westm.
92.
Ad defendendum caput nostrum
(saith the Record)
& capita sua, & quod nullus remaneat qui Arma portare possit sub nomine
Base Cowardise or Turntail so the glossaries
Culvertagij, & perpetuæ servitutis &c.
Rot. Franciæ Anno 26. Ed. Memb. 5.
The other is upon a French invasion too, design'd against this Kingdome in 26.
Ed.
3. the which being a Record so apposite to my purpose
I
shall recite somewhat more at large.
Rex dilecto consanguineo & fideli suo Henrico Duci Lancastriæ salutem. Quia Adversarij nostri Franciæ nos & Regnum nostrum Angliæ invadere machinantes, ad nos & Dominium nostrum, & totam nationem Anglicanam pro viribus destruend. Nos considerantes omnes Incolas dicti Regni cujuscunque conditionis extiterint, cum versetur commune periculum teneri de jure pro patria pugnare, & eam contra hostiles aggressus defensare. ---- vobis mandamus quod omnes homines defensabiles tam milites & Armigeros quam alios quoscunq; de dicto ducatu cujuscunq; status seu conditionis fuerint arraiari, & quemlibet eorum iuxta statum & faculates suas, Equitaturis & Armis competentibus muniri &c.
I
shall conclude this Section with a case of very recent Memory, and of singular Notoriety throughout the whole Kingdome, I mean that of the Conflagration of our Ships by the
Dutch
not many years past in the River of
Chatham
. There prevail'd at that time an universal jealousy among the people that upon this occasion some suddain stop might be put upon the Exchequer, and thereupon the Bankers were exercised with restless solicitations for the speedy payment of their Debts. The King for the sedation of these Fears and apprehensions, is advised (and not without infinite prudence) to issue forthwith his Declaration to preserve inviolable the course of payments in the Exchequer, which was accordingly done. Now let's see what were the grounds of this Declaration.
See the Declaration at the end of this Treatise
.
Why truly they are exprest there to be. First,
Least the Credit of the Bankers (who had been so useful to the King) might be weakned
. Secondly,
Least the King's Securities might be undervalued
. Lastly,
Least in consequence the publick Safety might be endangered
. Now all that
I
shall say is this. That (of what valew in reason of State it may be,
I
know not, but) to men of vulgar Negotiation it seems a Riddle and matter inextricable, that these considerations which at that time appeard to have been of so politique and valuable Regard, within the space of two or three years, upon a like occasion, should be thought by this Advisor clearly Obsolete, and altogether void of Prudence; And the Credits of the Exchequer, Royal securities, and the publique safety so little by him consulted.
Idem manens idem, semper facit idem.
I have at length discharg'd my self of this grand and Colossus Objection, in how tolerable measure I must leave to the Candor of my intelligent Reader; But if it happen that I have herein given a substantial and effective answer thereunto, I dare say this pernicious Councel hath then no farther support, but must of necessity fall to the ground.
However I am to enter my Protestation, that I would gladly have declin'd so sublime and important an Argument, if the nature of this discourse had not (much against my own inclination) compeld me to the contrary.
SECT. 6.
That this Councel is contrary to the Policies that have been practised heretofore by the wisest Forreign States of the World, in far greater Exigencies then ours. The Objection (of Princes not repaying money lent them by their Subjects to keep them in better Obedience) Answered. The inconvenience that hapned at
Rome
upon an Impeachement of the
Bankers
and
Usurers.
That persons concerned here in the Stop of the
Exchequer,
will be losers by loss of opportunities for bargains, &c. in this interval
.
ALL men agree that
Rome
(whether Monarchical or Republique) was a State founded upon the choicest Polities that ever were practised in the world. (And (as
Florus
saith) he that reads their Atcheivements contemplates not the Gests and Actions of one single people, but even of all mankind.
In proemio ad Historiam.
Let us then consider, what expedients this so prudent a Nation exercised in cases of like nature.
It is plain this State was never under a streighter duress or pinch then after their dismal defeat at the Battail of
Cannæ
, for then had
Hanibal
broke into
Italy
like a Deluge of the Sea, bearing down all before him, and at length this Tempest of War had begirt the very walls even of
Rome
, with his triumphant Army, and which was yet worse, the Roman Treasury was totally exhaust.
In this Extremity
Levinus
and
Marcellus
the Consulls declare forthwith by Edict, That each private person of such an Estate (and so others proportionably) should furnish out a Souldier at their own charge for thirty dayes.
Ad id edictum
(saith
Livy
)
tantus fremitus hominum, tantaq; indignatio fuit, ut magis Dux quam materia seditionis, deesset
. Upon this Edict so hot was the rage and petulancy of the people, that there wanted nothing but a Leader to have put all into a cumbustion:
Livii. Lib. 26.
The Commonalty crying out that they had now for many years been loaded with Tributes that their Lands lay fresh and devastated, and that they could not by any force be compel'd to give that, which they had not to give: And this and much more they spake, not in corners, but even in the Market-place, and in the hearing of the very Consuls themselves. In so great an Agony of the Body Politique, theLords of the Senate Assembled, to consult how they might with more security Levy Money, and string themselves a fresh with new Sinews of War; after many temerarious courses proposed and rejected, they thus reasoned (as
Livy
and
Florus
relate) amongst themselves.
Livii lib. 26 Flori lib. 2.
Omne aurum
(say they)
Argentum æs signatum ad Triumviros Mensarios deferamus, nullo ante senatûs consulto facto, ut voluntaria oblatio, &c.
Let us our selves that be Senators first bring into the publique Treasury all our Gold Silver and Money, and this too without any formal Decree, that so this voluntary Oblation of ours may excite an emulation of supplying the Common-wealth, first in those of the
Equestrian
Order, and then of the Commonalty; In pursuance of this proposal, the Lords of the Senate brought in all their Treasure accordingly: Now see what the consequence hereof was. Hereupon (say the same Historians) the Knights and Gentlemen followed the example of the Senators, and the Commoners that of the Knights and Gentlemen; And the Contributions were so large, and the Conflicts so sharpe for priority of registring names, that the Exchequer had hardly Books and Clarkes enough to enter the particulars.
Bodine
commenting upon this prosperous Councel, hath these very words.
Cum Annibal Italiam quateret, urbemque ipsam obsideret, Senatus diruto ærario nova tributa subditis aut sociis imperari noluit. Nihil enim prementibus hostibus tam periculosum
When
Hannibal
had made
Italy
to tremble, and had besieged
Rome
it self, the Senate, though the publique Treasure were spent, would not impose new Tributes upon their Subjects and Colleagues; For nothing (saith he) can be more hazardous upon an instant impression of an Enemy.
Bodin
de Repub. lib. 6. ca. 2d Ærario.
Neither is it to be forgotten, that the same Historians add, that
parta victorii
&c. That after Victory obtain'd, and the
Carthaginians
discomfited, the Senate had decreed the Repayment of every Lenders Money justly and honourably, which was Executed accordingly.
Livii Lib. 26. & Lib. 31. Bodin Lib. 6. cap. 2.
The Learned
Boterus
Relates a Story very apposite to this purpose.
Boterus de politia Illusterium &c. Lib. 7. ca. 3.
Ladislaus Dux
Neopolitanus
victus
(saith he)
fugatusq; ab hoste, &c.
Ladislaus
Duke of
Naples
being vanquisht of the Enemy, flies to
Naples
, and there consults about raising Money for the reinforcing of his Army, and had resolved (by the Advice of persons more factious then wise, saith that Author) to effect this by imposition of new and unusuall Taxes, this being intimated to one
Gorellus
(a person of singular Prudence and Gravity) he forthwith repairs to the Duke, and bespeaks him after this manner,
I am afraid (GREAT SIR) that whilst you are solicitous of repelling the Enemy, you take no care of falling into the hatred and Malevolence of your own Subjects, by this imposition of a new Tribute:
I
beseech you, Sir, what can your greatest Enemies breath after with a warmer zeal then that you should follow a Councel, that will assuredly dispoile you of the Love and fidelity of your people. Banish then GREAT SIR, out of your Royal Breast so pernicious a determination; for that money which you want, my self with some other of your servants (who are to run the same Risques of Fortune with your Majesty) will presently supply you
; And taking a Pen in his hand, he put down what each person (himself principally) was to pay, and the Money was in a moment brought in,
Prudentissimum sane pro re & tempore, &c.
saith
Boterus
. A most prudent Councel for the matter and occasion, given by
Gorellus
, and approved by the Duke, by which (saith he) the wiles of the Enemy were prevented, and the popular quiet and contentment consulted.
Now because contraries appear best by opposition, I will produce one instance a little diverse from this.
Augustus Cæsar
had suddain news brought him of a vast Army in the raising by
Mark Antony
to encounter with him; The Prize to be fought for was no less then the Empire of the World.
Augustus
(being young, and instigated by evil Councel) squeeses the people with Taxes towards the surport of this War. The people hereupon began to Mutiny, insomuch that (as
Plutarch
Reports) the wisest men of that time took it for granted, that if
Antony
in this conjuncture had approacht nearer with his Army, the Romans would have assuredly revolted, and delivered up
Cæsar
into the hands of his Enemy.
In
vita Antonii
But (as he saith) the imprudent delaies of
Antony
gave time to the people of concocting their discontents and of the sedation of their Passions; neither is it to be neglected that this Illustrious person, after the defeat of
Antony
, and his own access to the Empire, took such warning by this hazzardous mistake, that ever after he abandoned all Councels of this Nature. And unto that degree that in the last twenty years of his Reign, he laid out up on the Publique Benefits and Emoluments of the Common-wealth (as
Seutonius
writes) little less then
Quater decies Millies
See for this valuation
Budæns de Asse. Hackwel's Apology
and
Savil's
notes on
Tacitus History,
Lib.
1
c.
6
sestertium
, That is,
Eleven Millions, Eighty thousand five hundred thirty three pounds six shillings eight pence Sterling: Besides his two paternal patrimonies, and other his Inheritances. Others report, thirty five Millions of Gold, besides the two aforesaid patrimonies.
Obj. Many other examples of like nature I could produce out of History and Policy, which yet (for brevity sake) I forbear to do, and hasten to answer an objection,
viz.
That (as
certain Authors
affirm) some
Princes
have by great
Usuries Decoyed
vast summes of their Subjects Moneys into their
Exchequers
, and forborn afterwards to repay them, on purpose to oblige their people to a
stricter Obedience
and
fidelity to the Crown
, And this
Artifice
(as
Bodine
Reports) was recommended as a subtle project to the French Kings, and accordingly practised by them.
Life of
Augustus
bound up with
Plutarch
Lives
.
Sol.
I shall answer this
Objection
in the very words of the same
Bodine
, in an other place.
De republica 6. cap. 2.
Hæc quidem tolerabilia viderentur
(saith he)
Si quod Regibus nostris persuasum erat, Civitates, obsequio & fide majore, acceptis mutuo pecuniis, devincire potuissent, sed nullis temporibus graviores in Gallia tumultus, aut plures Civitatum defectiones, extiterunt
. These Councels had been tollerable (
saith he
) if as these State-Mountebanks would perswade our Kings, the people by this deteiner of their Money would have been conteind in better Obedience, but alass, there were never more dangerous Tumults in
France
, or more frequent Revolts of Cities known, then in those very times.
Essayes
.
All
States
have tollerated
Usuries
in one kind or Rate or other,
And it is impossible
(saith the Lord
Bacon
)
to conceive the inconveniencies that will ensue not only to Merchants but all other persons if the borrowing of Moneys should be cramp'd and discouraged
: Therefore consideration for Moneys lent hath been entertaind (as the
Scripture
saith) of the
Judaical Divorces
) for the
Hardness of mens hearts
. And the
Endeavours
of abolishing thereof have proved sometimes
inconvenient and dangerous to the States
where it hath been attempted;
Annalium
6
To prove which I shall produce but one Example reported by
Cornelius Tacitus
, who tells us, that in the Reign of
Tiberius Cæsar.
Magna vis accusatorum in eos irrupit qui pecunias fænore auctitabant, &c.
That a great Rabble of Informers rose up against those persons which took excessive
Usury
, and thereupon every man calling in his Debts, on a suddain ensued a great want and scarcity of money, and an universal discontent, and the aspect of affairs seem'd not very propitious, which being perceived by that predent Emperour, he forthwith caus'd an hundred Million of
l.
791466.
s.
1
sterling
.
Sesterces
of his own to be put into the
Bank
to be lent to all men that had occasion for three years without interest, and thereupon all things became calm and sedate again.
Lastly, though the
Exchequer
here be again opened (as in good time I hope it will) yet the persons therein concern'd will notwithstanding sustain
infinite damage
, in point of irreparable loss of those opportunityes of advantagious
Bargains, Marriages
, and
sundry other particulars, which in this interval
have been offered unto them.
SECT. 7.
That this Councel is contrary to the Common Reason of Mankind, and in some respects against the Rules of humanity. That it is pernicious to the credit of his Majesties
Exchequer.
The case between
Phillip
the Second of
Spain,
and the
Bankers
of
Genoa,
truly stated, and demonstrated to be essentially different from our case
. Campanella's
Advice to King
Phillip
to make speedy payment of that Debt
.
IT is a
Rule
that hath prevail'd among all Nations (as well
Barbarous
as
Civil
) That
Quod Omnes tangit ab omnibus debet supportari
. And again.
Qui sentit commodum, sentire debet & onus
. Where the utility and peril is common, there the charge and contribution ought to be common also. But I doubt if this
Councel
happen to be weighed in this
Ballance
it will prove light, for as it is plain that the
Defence
of the Kingdome was an
utility
to the whole, so it is as evident that the
charge
thereof was fastned upon a
Part
. What is this but as if the
States of Holland
should impose the expense of
defending
their
Countrey
from the
Sea
, upon a
parcel
of their
people
? Or (if we may compare great things with small) as if the
Banks
and
Walls
of the great
Level of the Fenns
, should be maintained by a
small
number of the
Proprietors
? And yet this seems to be the present case, and how far this proceeding is contrary to the common Reason of Mankind, I leave to the world to judge.
But this is not all neither, For this charge is not laid only upon a
Part
, but in great measure upon the
most impotent
and
necessitous
part of the Kingdome, and upon many of those
glorious Worthies
which maugre all the
Temptations and menaces of wicked men preserved their Virgin Loyalty chast and undeflowred
.
I have observed that some persons in
Parliaments
have used it as a
motive
to
supply
our
Kings
with
Money
, because say they, that which you give, is but like a
vapour exhaled by the Sun
, which gathereth into a
cloud
, and in short time
distils
again upon the Earth in
gentle
dews, and
fructifying
showres. But this
Advice
, what was it but to draw up the
Tears of Orphans
and
Widdowes
, the
milk
of
helpless Babes, the sweat of the Labourers brow, and the heart blood of several poor
Loyallists, (
among others) to fertilitate the Lands of many persons which (not to say worse) wallow in all Afluence and Riches
?
Amos 3.12. compar'd with 2 Sam. 12.2.
Or (if I may use a
Scripture Metaphor
) to take
two Leggs
, or a piece of an
Ear
of a
Lambe
, which we had
rescued
out of
the Jaws
of the
Cromwel
Sequestrators, Commitee mendecimators, &c.
Lyon, and give it to the
Rich men that have many
Flocks & Herds
. For nothing is more
evident
then that many of those
wretched persons that had but one hundred pound in all the world, had that
All
taken from them towards the
Defence
of the
Kingdome, when may others that were worth
hundred thousands, expended not a farthing
at that time. And now what I shall say more
Pudet hæc opprobia nobis Et dici potuisse & non potuisse refelli
.
Now for the
Influences
this
Councel
may have upon his
Majesties Exchequer
, in all likelyhood they cannot prove very
propitious
and
benigne
. Few things have been more dear to
Princes
then the
Reputation
and
Glory
of their
Exchequers
, And
Queen Elizabeth
wars so punctual in this particular, that in her time (they say) it went for a Proverb.
As sure as Checke
. For (as a great Author Writes)
Outward esteem and Reputation is the same to great persons and Things, which the Skin is to the Fruit, which though it is but a slight and delicate cover, yet without it the Fruit will be subject to discolour and Rot
.
Lord Herberts H. 8.
He that hath a mind to contemplate the
Consequences
of a
discredited Treasury
let him but consider the Cases of
Henry the second of France
, Reported by
Bodine
, and of our King
Henry the
8
th.
by the Lord
Herbert
(for I would rather they should declare them then
I
) And I am afraid that when men shall be importun'd to lend money upon any
future Occasion
, they will be apt enough to discourse within themselves,
That that which hath been done may be done again
, and that the
Moneys
of other men were secured unto them by
Declarations
and
Acts of Parliaments
, and that they cannot expect higher
securities
then these, &c.
Bodine
Lib 2. cap 4
in fine
Lord Herberts Hen
8.
Last leaf but one
.
It is true indeed when the
Exchequer
is again opened, this
Objection
will be in good measure answered, but till that time I fear it will remain not inconsiderable.
I shall no farther pursue the
Pestilence
of this
Councel
in this particular (it being so obvious to the meanest understanding) but shall now
state
the
Case
between
Phillip
the Second of
Spain
, and the
Bankers
of
Genoa
, as I have extracted it out of the best
Authors
I could find, which treat upon that Subject.
Charles the Fifth Emperour of
Germany, had for a long season revol ved in his mind how he might render the
State
of
Genoa
obsequious and dependant upon himself, and this he did (among other reasons) that he might as occasion served with the greater facility Transport his Armyes out of
Spain
thorough this Territory into
Italy
.
Thuani Hist. lib.
61.
anno Dom.
1575.
In order to this, sundry
Experiments
had he made, which yet by the
jealousies
of that
people
were alwayes rendred
improsperous
.
Metarani
Hist. Belgica
Lib.
5.
Bodine
de repu.
Lib.
6.
Campanella Spanish Monarchy c.
21.
Charles
(being as he was a Prince of prodigious
Subtility
) falls upon new
Councels
, he considered he had to do with a
people
that dealt much in
Money
, and were generally great
Bankers
, and
Merchants
, and therefore concluded that if by extraordinary
Usuries
he could allure their
Money
into his
Exchequer
, he should then be in possession of the best
Hostages
they could give him for their
Fidelity
and
Observance
.
Helyns Cosmography in
Genoa. Lassels. Voyage into
Italy, I
part. pa. 99.
cum multis aliis
.
This
Emperour
dying,
Phillip
his Son, after his
Fathers
Example (to make these birds more confident, and less jealous of the Snare) proceeds for some time to feed these unhappy
money-changers
with excessive
Usury
, till by this fine
Dexterity
he had conveyed into his hands no less then 420.
Dutch Tun of Gold
, some say
eleven
, others
eighteen millions of Gold
, and then secures this
Debt
to them very fairly upon the
Tributes
of
Spain
and the
Indies
. The silly
Birds
were now very secure, and Sate fair, and there wanted nothing but the
drawing
the Net. Thereupon King
Phillip
(being exhausted with his
Low-Country Wars
and with all) sensible of the
weight
of so ponderous a
Debt
, takes occasion at first to cavil at some little
misreckonings
in the
Accounts
, and a while after insisted that he had heretofore paid them more
Interest money
then they ought to have received, and therefore (quoth he) that
overplus
ought in all reason to be deducted out of the
Principal
, and thereupon by
publique
Edict (taking the
Opportunity
likewise of some
Civil discords
, which at that time
raged
among them) forthwith stops their
Pensions
issuable out of the said
Tributes
. And then to
fortify
this
Act
, by secret
Combination
with the
Pope
(to render the Action more specious) procures a
Bull
from his
Holiness
to confirm all that he had done, however for so much
Principal
Money as was afterward agreed to be due (which in the year 1600. I find was One
Million
and half of
Gold
) the
Crown
of
Spain
hath ever since to this day justly and Honourably satisfied the Interest.
This is the true
state of this Case
(according to my
discovery
thereof). Now it will be evident to any person that shall
compare
these
two cases
together, that they differ each from other in sundry
essential circumstance
.
For,
First
, this
Severity
of King
Phillip
was not exerted upon
Children
and
Subjects
, but upon a
Forreign State
, of which
Spain
had then just causes of
Apprehension
and
Jealousy
, and so the Action well enough consistent with the
Rules of Policy
.
Secondly
the
Envy
and
Enormity
of this
Feate
, was by a curious
Legerdemain juggled
upon his
Holiness
, and King
Phillip
to all outward appearance rendred innocent thereof: This Debt (saith
Peter Heylin
) was cut off by the
Pope's
Authority, that so King
Phillip
might be obliged to that
See
.
Helin's Cosmograph.
Hoc
debitum
(saith
Metaranus
)
per pontificis decretum propter ingentes usuras fuit diminutum, & moderatum
. This
Debt
by the
Pope's
Decree was moderated upon pretence of excessive
Usury
.
Metarini Hist. Belg. Lib.
5.
And
Bodine
Droling
facetiously
upon the
proceeding,
sed risu digna res est
(saith he)
quod non modo Genuensibus verum etiam Philippo, &c.
It was thought very pleasant and ridicule that not only the
Genoeses
but
Phillip
also should be interdicted, he, because he took money to
Usury
, they, because they lent it.
Bodin.
de Rep.
lib.
9.
cap.
2.
However they were both (this being done only by
compact
, and to give the better grace to this neat
Emuncture
or
wipe
) in a little time absolved again.
Thirdly
, in this case the
Interest
Money was and is
punctually satisfyed, and I wish I could affirm as much in ours
.
Fourthly
, I do not find that this
Debt
of the
Genoeses
was
secured
unto them by any
Act
of the
Cortes
or
Parliament
of
Spain
and so the
Common Faith
of that
Nation
inviolate. But in our
case
, our
Debt
is secured to the
Bankers
and their
Assignees
by
National Obligation
, As I have (I think) above most evidently proved.
Lastly, Campanella
the
Jesuite
a man of infinite
subtility
, and one that seems to be even
anxious
, and eaten up with
zeal
for the
Grandeur
and
prosperity
of
Spain
, the which he
cultivates
with a singular
diligence
in his
Discourse of that Monarchy
.
Campanella Span. Mon. chap.
21.
This very
man
, I say, doth with all his
vigor
, not only
advise
, but
importune
King
Phillip
with all
speed
to pay this
Debt
to the
Genoeses
.
Least
saith he (among other reasons there given)
if there should happen any Rising in
Italy
to the prejudice of that King the
Genoan
Banners might march also along with them for company
.
The Conclusion
.
I shall (I hope)
auspiciously
take the rise of my
Conclusion
from two memorable
Records
. The one relating to
Widdowes
and
Orphans
, the other to those
Worthies
who with their
Lives
and
Fortunes
had many years agoe
propugn'd
the
Rights
of the
English Crown
.
That which concerns the
former
I shall for the excellency thereof (so far as it concerns my purpose) transcribe
verbatim
.
Die veneris proximo ante Festum beati
Edwardi,
Anno Regni
Regis Henrici tertii
34. venit Dominus
Rex
cum suo
Concilio
ad
scaccarium
& ibidem
proprio ore
præcepit omnibus
vicecomitibus Angliæ,
tunc ibidem existentibus. Imprimis quod modis omnibus observarent & manutenerent libertates sanctæ Ecclesiæ, & similiter manutenerent Pupillos Orphanos, & viduas & celerem eis justiciam
exhiberent
, &c.
Inter Communia termino
Mich.
35.
Hen.
3. in Officio Remen. Thes. in Scac. Rot. 2. Intus. præceptum Domi. Regis
Here we have, it Registred in the
Records
of
Fame
, that the glorious
King Henry
the
Third
, came in his
own person
into his Court of
Exchequer
, environ'd with his Illustrious
Councellors
, and there with
his own mouth
gave it in charge to all the
Sheriffs
of
England
.
Prov. 29.14.
That in the first place (next after holy
Church
) they should
Defend
the
Orphans
and
Widdows
, and
do unto them speedy Justice
.
The other
Record
is that of II.
Hen.
6. where that Renowned
King
gives express
Order
that a
Roll
should be forthwith made of such
persons
which had spent their
Youths
and
Estates
in the service of his
Royal Grandfather, Father
and
Himself
, to the intent that such of them (I shall give you the very words of the
Record
) which are without any
Livelyhood
, or
Reward
.
Guerdon
, and so in great
mischief
and
necessity
, and some but easily
Guerdoned
, and nought like to their
Desert
and
Service
, may, when
Offices
and
Benefices
fall, have them confer'd upon them, &c.
Rot. Parl.
11. Hen. 6. Memb 6.
Cokes
4th. Inst 56.
Rot. Parl.
8.
Hen. 6. Memb.
11.
I hope no body will think me so
presumptuous
or
vain
, as to prescribe this for an
Example
; I know when we have served
God
and the
King
with our
Lives
and
Fortunes
, we are notwithstanding
unprofitable Servants
, and have still done but our
indispensable duties
, only this I shall say (and I speak it with an humble
modesty
) That I hope we that were
Sufferers
for our
Loyalty
, shall be thought now, as worthy of enjoying those poor
Remnants
and
Scraps
of our
Fortunes
, as these
persons
before us were of receiving their
Guerdons
and
Rewards
. I do never without a secret
exultation
of
Mind
consider this following
Memoire
that I find of
Augustus Cæsar
: upon the Defeat (saith my Author) of
Mark Antony
at the famous Battail of
Actium, Augustus
commenc'd
Emperour
of the
World
; some few
years
after, a certain old
Souldier
(that in this Battail had done
Cæsar
good service) hapned to be impleaded for his
Life
before his
Imperial Majesty
, and the
Senate
;
Vita Octavii Augusti
, bound up in
Plutarch's Lives.
The
Soldier
implores
Cæsar
(then present) to help him in this
Distress, Cæsar
recommended him to an able
Advocate
, the rough
Soldier
not contented with this, forthwith
rips
open his
bosome
, and exposing to the
view
of the whole
Court
the marks of the
Wounds
which he had received at the said Battaile of
Actium;
These wounds
(quoth he)
O
Cæsar
have I received on my mangled body in thy defence, and substituted no Deputy in my place!
Augustus
hereupon (overwhelm'd with the
Passionateness
of this
Action
) presently
stood
up and pleaded the
Soldiers Cause
himself, and carried it. An
Action
certainly well beseeming an
Emperour
of the
World
! And are there not many miserable
persons
concern'd now with the
Bankers
, whose
Fathers, Husbands, Children
, and other
Relations
have asserted the
Crown
of
England
with their dearest
Lives
and
Fortunes
? nay, are not several of
that kind
yet surviving, which do yet bear in their miserable bodies the
Scars
and glorious
Remarks
of their
Loyalty
, received in the Battails of
Edge-hil, Newberry, Nasby, Worcester
, and indeed where not? And shall we imagine that our
Cæsar
(a
Prince
of such eminent
Clemency
and
Justice
) will suffer these
persons
and their
Families
to
starve
for
want
of that which is their
own
? And that he will not
proceed
(as he hath begun) to be an
Advocate
and
Intercessor
for them in so just a
Cause
.
I dare be confident his
Majesty
is inexpressibly sensible of this
Calamity
, which is fallen upon
us
, and his Royal
Bowels
yerne with
Compassion
towards us. Neither is the
Delay
of
Payment
hitherto any
Defect
in His
Majesty's
innate
Justice
, but an
Excressence
and unhappy
superfetation
of the first pernicious
Councel
of Shutting the
Exchequer
; to think otherwise were to
blaspheme
the greatest sweetness of
Nature
in the world, And to
prophane
that Illustrious
Prince
, of whom no man ever yet form'd a thought, but his mind was presently fild with the
Idea
of all that is
Great
, and
Just
.
For my part I am no
Projector
, and
I
have alwayes in my own Nature abhominated all
Vermine
of that kinde; But yet me thinks it is not impossible to designe a
Course
how to pay off this Debt of the
Bankers
, and that by waies not only
practicable
and
Legal
, but
Grateful
also to the Kingdome.
I
am not ignorant that
I
have here all along in this
Discourse
dealt in an
Argument
of
sublimity
and
importance
, of which a man can hardly write perhaps without being in some measure
Sacrilegious
, But yet we find that our Saviour Christ excused the servants of King
David
, when they were ready to perish for want of food, though they broke into the House of
God
, and made bold with the holy
Bread
.
Matth.
12.3
and
4.
And the Law of this Land acquits the person that steals
viands
to pacify the present
Languishments
of nature.
Stamfords Pleas of the Crown.
Where the purturbations of the
Judgement
and
Reason
are so great, as in presumption of Law, man's
Nature
cannot overcome, such
necessity
carryeth a
Priviledge
in it self; (saith no mean Author) And
I
hope that
man
shall not be thought
pragmatical
or
busy
that deals in a
matter
in which the Fates of his
Ruine
or
Happiness
are
imbarck't
.
Ld.
Bacon's Maxims of Law, pa.
29.
There be many things which possibly
I
have
forgot
, and some things which
I
have perhaps industriously
omitted
. If any matter have fallen from me
inconsiderately
, (as in so long a
Discourse
may easily happen)
I
do with unspeakable
humility
and
Prostration
beg
Pardon
, requesting this one
Favour
, that no persons would censure me, or those worthy persons in my condition, until they have first represented our
Cases
to them selves, as their own.
Protesting
in the last place that I have written nothing but with a
mind
at all times ready to
sacrifice
the
Body
it dwells in to the
Honour
and
Safety
of my Gracious
Soveraign
and his
Kingdomes
, And upon that glorious account, prepared alwayes to suffer more, then
He
or
They
deserve; that advised His Majesty to the stopping the
Exchequer
.
Illud omnium maximè tenendum erit a Principe, ut fortunis alienis temperatum fuisse cognoscatur: Nam citius parentum cædem oblivioni dant Homines; quam Fortunarum suarum direptionem
.
Nic. Machiavelli
princeps
, Cap. 17.
His Majesties
Declaration
To all His Loving Subjects, to preserve Inviolable the
Securities
by Him given for
Moneys
, and the due Course of Payments thereupon in the Receipt of the EXCHEQUER.
WHereas
We
are given to understand, That divers of Our good and
Loyal Subjects, Goldsmiths
and others, who have advanced to Us great Summs of Money for the Publick
Service
, which are sufficiently secured unto them upon several Branches of Our
Revenue
, and other
moneys
arising by several late Acts of Parliament, have upon occasion taken from the late Attempt of the
Dutch Fleet
, and the false
Reports
spread thereof, been prest in an unusual manner, with many sudden
Demands
by their
Creditors
, for present
Payment
, through
Fears
and
Apprehensions
;
< -
which may weaken the
Credit
of Our said
Subjects
, who have been so
useful
to Us bring an
undervalue
on Our said
Securities
, and in consequence indanger the
Publick Safety
in this present Conjuncture: We have therefore thought fit (as well for satisfying the minds of our good Subjects, whose fears so transported them to call for their
moneys
in such a manner; as for the allaying such Jealousies and misapprehensions as may be taken up by those concerned in the said
Securities
) to Declare, as we do hereby declare, that as the
Course
of
Payments
in our
Exchequer
hath hitherto been punctual, and according to the due
Order
, even in this time of disturbance and interruption of Payments amongst our
Subjects
; so
Our
stedfast resolution for preserving inviolable to all such Our good Subjects, who have
Lent
or
Advanced
any moneys for
Our
service as aforesaid, All and every the
Securities
and
Assignements
any wayes made by
Us
for and towards the
Repayment
and
satisfaction
of the said several summs of money:
- >
And that
We
will not upon any occasion whatsoever
permit
or
suffer
any
Alteration, Anticipation
, or
Interruption
to be made of our said
Subjects Securities
; but that they shall from
time
to
time
receive the
Moneys
so
secured
unto them, in the same
Course
and
Method
, as they were
charged
, and
ought
to be
satisfied
.
- >
Which
resolution
we shall likewise hold
firm
and sacred, in all
Future
Assignements and
Securities
to be by Us Granted upon any other
Advance
of
Money
by any of our Subjects upon any Future
Occasion
for Our
Service
. And we cannot doubt upon the publishing this our
Royal Word
and
Declaration
of our sincere
Intention
, but that all reasonable persons will rest satisfied that their fears were causeless, & their respective Interests in no danger at all, and that no evil can happen to them on this Occasion; since the
Securites
by Us to them given being inviolable, we doubt not but that our said
Subjects
will satisfie every person both their
Principal
and
Interest
, as they have formerly done with untainted
Reputation
. And of this our
Declaration
we straitly charge and Command our High
Chancellor
of
England
, the Lords Commissioners of our Treasury, the Chancellor and Under-Treasurer of our
Exchequer
, and all other our Officers and Ministers whatsoever whom it doth or may concern, to take notice and duly to observe the same, as they will be answerable to Us at their utmost perils.
Given at Our Court at Whitehall, this
18
th. day of
June
1667. And in the Nineteenth year of Our Reign
.
THE
Postscript
TO THE
Letter
.
THus (Sir) I have (as you see according to the
Model
of my weak
Talent
) discovered the
Enormity
and pernicious
Influences
of this
Advice
, I take God to witness I have done this, without the least
Malice
or
Designe
against any man's person, of what
Degree
or
Quality
soever; Indeed if any man shall come from behind the
Curtain
& with a
bare
& open
face
shall say
I am the Man that gave this Advice
. That person I must confess (and only that person) hath not escapt my
Animadversions
, and from
him
only, and no
body
else I hope I can with
Reason
, expect
Reproof
. And then let all
Mankind
judge, whether of the two is more to be blamed, he that hath lead his
Prince
out of the
old
via Regia
or King's high way, into by and
untrodden Paths
, unknown
to the Law
, and to walk upon
Precipices
, or he that hath given an honest
Alarm
or
Outcry
of this evil
Dealing
.
The Lord Treasurer
Burleigh
(under whose old
English Councels
this
Kingdome
flourisht, and became
formidable
to all the world, and one perhaps that better understood the
Genius
and
temper
of this
Nation
then this
Advisor
) was used to tell his Queen.
Cottoni posthuma
p. 313.
Madam
(sayes he)
Win Hearts and you'l be sure of Hands and Purses
. And
Dion
(in
Plutarch
) doth admonish the Son of King
Dionysius.
That the Love of the subject (obtaind by vertue and Justice) is the strongest guard and security of a Prince
.
vita Dionis.
The great
God
of
Heaven
and
Earth
and my own
Conscience
will be my
Compurgators
and Witnesses, that whatever I have said in this
Discourse
, I have done it with a most ardent and passionate
Desire
of the
Prosperity
of my dread
Soveraign
, and an unfeined
Love
to my dear
Countreymen
, and to raise and
enkindle
(as well as I could) an universal
Disposition
in this
Kingdome
towards the
Payment
of this
Debt
; That thereupon so conside rable a
part
of the English
Nation
(as are concern'd with the
Bankers
) may not be
overwhelm'd
with an inevitable
Ruine
, and that so great a
Member
thereof may not be ravisht and
torn limbmeal
from the
Body
of this
Common-wealth
.
I shall probably be thought by some persons to have prosecuted this
Argument
with a warmer
Zeal
then became mee, and to have
sallied
out sometimes perhaps into
Extravagancies
and
Inconsideration
: I can only
Reply
, that the
Authors
and
Testimonies
by me vouched, are
Authentique
, and of approved
Credit
, and by me
truly
and
carefully quoted
, That after I have sacrificed my
Person
and
Fortunes
to mine
Allegiance
in the Late
Rebellion
; no man I hope will suppose that I should now become
Apostate
or
Renegado
to so
glorious a Cause, That Necessity, and the want of a mans own, are spurs sharp and invincible
; And
Lastly
that I have been
actuated
all along in this
Discourse
with no other
Impulses
of
mind
, then those which loosen'd the
Tongue
of the
Dumb
Son of King
Crœsus
, when he saw a
Soldier
ready to offer
violence
to his
Father
crying out,
It is the King!
At whose
Royal Feet
I am alwayes ready upon
Occasion
to lay down my
Life
, together with that poor
Mite
or
Fragment
of
Estate
, which the
Rebbels
and this
Advisor
have left me: Praying (in the
Scripture
Language)
That God would strike through the Loins of all them that hate His Majesty, but that upon his own Head his Crown may for ever flourish
.
I am Sir your most Affectionate Servant, S. R.
Errata
.
Reader
,
Some faults thou art desired to amend, which by reason of the absence of the Author, and haste, have escaped the Press. As in the third page of the Letter in the first sheet, Line 18. for
irradicated
read
irradiated
, &c. The Poyntings also in many places are to be amended.
FINIS.
THE LATE PROCEEDINGS AND VOTES OF THE PARLIAMENT of
SCOTLAND
; Contained in an ADDRESS Delivered to the KING, Signed by the Plurality of the Members thereof,
Stated
and
Vindicated
.
Scilicet res ipsa aspera est, at vos non timetis sed inertia & mollitia animi, alius alium expectantes conctamini; videlicet diis immortalibus confisi, qui hanc rempubl. in maximis sæpe periculis servavere. At non vitis neq; suppliciis muliebribus auxilia deorum parantur. Vigilando, agendo, bene consulendo, prosperè omnia cedunt: ubi socordiæ tete atq; ignaviæ tradideris, nequicquam deos implores; irati infestique; sunt.
Cato
apud
Salust.
GLASGOW
, Printed by
Andrew Hepburn,
Anno Dom.
1689.
THE LATE Proceedings and VOTES OF THE
PARLIAMENT
OF
SCOTLAND
, &c.
TO remain silent under the Aspersions which some busy, but either weak or ill Men, are endeavouring to fasten, not only upon the Proceedings, but upon divers of the most Honourable and Loyal Members of Parliament, were to be no less treacherous to his Majesty, than careless of the Reputation of that whole Illustrious Body; as well as of the Integrity of those Persons who are said to have so much influenced the Transactions of it; and whose chief Crime (with those that Malign and Traduce them) is their having expressed so much Affection and Zeal for His Majesty's Person and Service: And as the representing their Actions in a true Light, is all that is needful, both to justify and commend them; so whosoever will be at the pains to examine them, will find them adjusted to all the Rules of Law, Religion, and Policy. And as it is not to be doubted, but that whensoever the Parliament Assembles, they will both vindicate their Proceedings, in Customary and Legal Methods, and exert that Authority which is essential to them, over those of their own Members, by whom they have been slandered; so all that is now to be endeavoured in their behalf, is to vouchsafe unto the
English
Nation (to whom they have been misrepresented) such a brief Account of their Transactions, with the Occasions, Reasons, and Motives of them; it may not only manifest the Wisdom and Loyalty of that Parliament, but demonstrate beyond all contradiction, that the only design they have been pursuing, was to preserve and maintain His Majesties' Honour, secure and establish him an Interest in the Love and Hearts of his People, and make His Throne firm and durable.
It is too evident, either to be denied or Apologized for, that all the Laws, Priviledges, and Rights of the Kingdom of
Scotland
, have under the Late Reigns, been not only Usurped upon and Invaded, but Subverted and Overthrown. For by gradual Inlargements of the Prerogative, beyond what was allowed by the Rules of the Constitution, and the Statutes of the Realm, the legal and regular Monarchy of the Nation, was swelled into an Arbitrary and Despotick Power. So that all the Franchises and Rights, which by Original Contracts and Subsequent Laws had been reserved unto the People, were either overthrown, or enjoyed precariously. And we are compelled to say, that the Coalition of
Scotland
with
England
, under one Monarch, without a Union between the Two Nations into one Legislative Body and Civil Government, hath given great advantages to our Late Princes of treating us with a Rigour and Loftiness, that our Ancestors were not accustomed unto: And though a small Acquaintance with the Politicks might have instructed the
English
, that whatsoever received a first Impression amongst us, would sooner or later obtain a second Edition amongst them; yet they seem'd either not to have foreseen, or at least not to have resented it, until the Original of King
Jame's
Absolute Power in
Scotland
(which all Men were bound to obey without reserve) was copied over in
England
, in his Claim of Soveraignty, in dispensing with those Laws, that were the fence about their Safety. It was from the unconcernedness, which the
English
have too often testified; not to say the countenance they have given, in Relation to the Usurpation of our late Kings over the Laws and Liberties of
Scotland
, that those Princes have despised the Applications made unto them, as well by Parliaments, as by the Nobility and Gentry, for redressing, their Grievances; and that the Nation remained so long discouraged from relieving it self in those Methods that were left it. And as the
Scots
did for many Years sadly feel and experience, into what Excess their Kings grew up in Usurping upon their Laws and Liberties; from a hope and confidence of being justified and supported in those Invasions by the Strength and Treasure of
England
: So the
English
cannot be altogether insensible, how
Charles
the Second not only confronted their Bill of Exclusion in
England
, with an Act in
Scotland
for the Hereditary Succession of his Brother, but what large Breaches he was encouraged to make upon their Rights and Priviledges, after his having obtained an Assistance of 22000 Men, to be enacted and granted unto him by Law in
Scotland
, and those to be used in what places and upon what occasions he should please to imploy them. Nor are we able sufficiently to express our Obligations to His Present Majesty, who being extremly sensible, that our remaining disunited in our Governments, and two distinct Monarchies, though link'd together under one Monarch, hath been one of the great Occasions and chief Sources of our common Miseries and Oppressions; and being desirous both to redeem us from the illegal Sufferings we have already felt, and to obviate those which might break in upon us under future Reigns, hath therefore invited the Nations to such an Union of strength, Councils and Legislative Authority, as may render them a Defence to each other; and not Instruments and Tools of enslaving one another, and a mutual Prey. Which as all wise and good Men do earnestly long for, so the common Interest of the two Nations obliges them speedily to endeavour.
But we are forced to add, that besides the Encouragement which our late Princes have assumed unto themselves, of Usurping upon the Rights and Liberties of
Scotland
, from an expectation of being supported in it by the Power and Wealth of
England
; There is another Cause, unto which much of their Invasion upon the
Scot's
Priviledges is to be ascribed, and unto which we are forced to resolve many of our Miseries, as the Spring whence they have flowed. For upon the Succession of our Kings to the Crown of
England
, and their fixing their Royal Abode and Regal Seat in that Kingdom; they are thereupon fallen into a Method of deriving their knowledg of
Scotish
Laws and Customs, of being informed of the Grievances of that Nation, and of receiving Impressions of Persons and Things from one or two Ministers chosen to reside about them, and in order thereunto advanced into Places of Honour and Trust; and who too often have been found to want either the Honesty, Wisdom, or Courage requisite in those upon whom so much comes to be devolved. Surely the World hath had sufficient Evidence in the Ministry of the late Duke
Lauderdale
, what Mischiefs a Person in his Post about the King may be instrumental in bringing upon the Kingdom of
Scotland
: For the he was endowed with too much Wit and Courage, to be either hector'd or wheedl'd, to be any Man's Tool and Property; yet through lack of Probity on the one hand, and excess of Ambition on the other, he was easily prevail'd upon to become an Instrument of ruining and enslaving his Country. What may
Scotland
then dread, if a Person should be honoured with the Character and Trust of Secretary for that Kingdom, in whom all the Qualifications for so considerable a Station, were the sighing decently, the entertaining one with a grave Nod, or if you please, a Grimace instead of a
sold
Reason; the making those whom he judgeth Court-Favourites, his unerring Oracles; and learning the Customs, Rights and Laws of his Nation, from them that never did, nor were obliged to know them; the recommending those to be Privy-Councellors to the King, who withstood his being so; the fa vouring those in obtaining the Office of prosecuting Nocents, who stand accused for endeavouring to subborn Witnesses for destroying the Innocent; and, as an Addition to all those Accomplishments, should be so swallowed up in the immoderate Love of the World, that instead of having his Thoughts exercised about the Service, Grandeur, and Safety of his Master, should be wholly imploy'd how to ingross the considerable Places of the Kingdom, for inriching his Family. Into what Inconveniences may the best Prince be easily drawn, if his Secretary be unable to advise him what he may legally do, and what he may not? With what Facility is a weak and easy Person in that Post, misled by an English Minister of State, who has a mind to be revenged upon
Scotland
for rejecting Episcopacy? How may a Crafty and Treacherous Courtier, that hath a purpose to play an after-game for the late King, influence a Scots Secretary, unskilled in Politicks, to imbroil his present Majesty with his People in
Scotland
; and all for this, that the Abdicated Monarch may have a new Throw for his Crowns again? Suppose but one Person in Office about the King for the Affairs of
Scotland
, and him to be extreamly timerous, What fatal Councils, under the fear of the Whip, may he be prevail'd upon to suggest and give? Hence it is evident what Disadvantages those of that Nation lie under, of having both their Persons and Actions mispresented, and their Rights and Liberties undermined and invaded; and that as well by reason of the King's residing constantly at so great a distance from them, as because of his having no more Counsellors usually about him, in reference to their Affairs, than who ( as a French King was pleased to express it ) may all ride upon one Horse.
Now as it was the Oppression and Slavery under which we had been brought, that rendred His Majesties Undertaking in coming into these Kingdoms with an armed Force, in order to redeem them, both honourable and just: So it was the hope of being delivered by him from Misery and Bondage, that encouraged us first to invite, and then to co-operate with him in the Prosecution and Accomplishment of his glorious Design. It was the Invasions upon our Laws that we complained of, and from which we desired and endeavoured to be relieved; nor had we any Quarrel with the Late King's Counsellors, save as they were Advisers unto, and Instruments of overthrowing them. So that if what the Parliament of
Scotland
desires to have redressed, be not something wherein their Laws have been invaded, and their Rights violated, they are to blame for insisting upon it as a Claim of Right; and should rather crave it as an Act of Grace, if they find the want of it prejudicial to the Nation. But if what is required do either appear to have been wrested from the Nation, or that through their not obtaining it, they will be upon all occasions obnoxious to be oppressed and inthralled, we may then assure our selves, that His Majesty is too just, as well as good, to deny them. For as His Majesty doth generously acknowledg in his Declaration emitted at the
Hague
, for the restoring of the Laws and Liberties of the Kingdom of
Scotland
,
"That they who are concerned in the Laws, Liberties and Customs established by Lawful Authority in a Nation, are indispensibly bound to endeavour to preserve and maintain the said Laws, Liberties and Customs;
so he doth in the same Declaration, sacredly promise,
that upon being prosper'd in what he was then undertaking, he will not only free that Kingdom from all hazard of Popery and Arbitrary Power for the future, and deliver it from what at that time did expose it to both, but settle it by Parliament upon such a solid Basis, as to its Religious and Civil Concerns, as should most effectually redress all the Grievances under which it had groaned."
And therefore as we are not to imagine, that a Parliament, which in the whole course of its Proceedings hath testified so much Love, Loyalty and Zeal for His Majesty, both in advancing Him unto, and maintaining Him in the Throne, will abridg and lessen any of the just and legal Prerogatives of His Crown; or challenge any Priviledg, Right or Immunity, which their Ancestors have not been possessed of under the best and most Glorious as well as Ancient Reigns; so it were unpardonable to think, that a Prince of so much Wisdom, Goodness, Honour, Justice and Truth, as His Majesty is known to be, should either insist upon the detaining from His People, what some of his Predecessors have by Fraud and Violence ravished from them; or should so far depart from His Princely and Sacred Word; as to frustrate the Expectations of His Leiges of having those Grievances redressed, which His Parliament have condescended upon as necessary to be remedied.
But as His Majesties delaying to gratify the desires of His People, is not the effect of Choice and Inclination, but the result of a Force put upon him through the sinistrous Representation given him of their Demands, both as illegal, and as incroachments upon the Royal Authority: So we do not wonder that the same Person should misreport the Actions of a Parliament, and insinuate into his Master unjust and false glosses of their Votes, who hath had both the Impudence and Treachery to endeavour to Possess the King with Disloyal Characters of his most dutiful, best and useful Subjects. And seeing his Capacity both as a Lawyer, and His Majesties Advocate, hath not served to instruct him of the danger, nor to restrain him from Leasing-making ( which is Treason by the Law of
Scotland
) it is to be hop'd that the Persons whom he hath criminally slandered, will have the courage to Impeach him; and that the Parliament will have the Justice to condemn him to the Punishment that the Law adjudgeth him unto. Nor can it be matter of Astonishment to any, to find a Person imposing upon His Majesty in reference to the Laws, Rights, and Customs of His Country, who has had the Impudence as well as Malice, to brand those for Republicans, by whose Power, Zeal, and Interest, the Crown came to be conferr'd upon the present King. But they must be Persons of a very short Prospect, who do not perceive, that they who are endeavouring to restore King
James
, account it expedient to blast those in his present Majesties Esteem, under the reproachful name of Republicans, who have the Loyality and Courage to venture their whole for his Crown and Dignity, and to withstand those ill Men in what they are about. And I will venture to say it freely, that as it is not Names, but Things which wise Men seek and pursue: So there is no more required to the freeing both
Scotland
and
Eng land
from the Common-wealths Men, and from all Republican Principles, but that His Majesty persevere in preserving unto his People their Rights and Liberties; Esteem Parliaments as well his great Council in Arduous Affairs, as the Suppliers of him in his Necessities with Mony; and that he make the known Laws the Measure and Standard of his Government. While on the contrary it is in the Power of ill Ministers ( if his Majesty hearken unto them ) to withdraw nine parts of ten of the People in six Months from their Love of Monarchy, and to force them upon wishing for a Common-Wealth. And had it not been for the view which the Nations under the last Reign had of their Royal Highnesses the Prince and Princesse of
Orange
, and the assurance they entertained of enjoying their Laws and Priviledges, under their Government and Authority, the Methods which the late King took, and the Councels he followed, would instead of the Translation of the Crown to Their present Majesties, have put an end to the Monarchy. Nor can any thing so affright considering Persons from addictedness to Monarchy, as the leaving the Nations under the Power, Conduct and Authority, of those very Men, by whose Councels and Management the late King came to forefault His Crown; seeing some will be so peremptory as to imagine, that it cannot be upon personal liking that they come to be used, but because the nature of the Government requires them, or at least Persons of their Principle, and Political Complexions.
But forasmuch as the present Embarrass of His Majesty with his Parliament of
Scotland
is wholly caused by the Advocate's abusing His Majesty in the Account he hath given him, both of the Rights and Jurisdictions of the Estates in Parliament Assembled, and of the Laws and Customs of the Kingdom; I shall therefore in Order to the disparaging of him, with all the Wise and Loyal part of Mankind, and the debarring him the King's Ear, and attracting upon him the Royal Indignation; Publish the Principle upon which he builds all the Advices he communicateth to his Master, and with which he seeks to poyson and corrupt His Royal Mind. And this is, That the King hath a separate Interest from his People, which he ought to pursue in distinction from theirs: And this we may be sure he doth not fail of insinuating, either immediately unto his Majesty, or at least to those about him; seeing he had the Folly, as well as the Impudence, both to assert and to seek to justify it in open and full Parliament. Now whosoever gives himself the trouble of examining the tendency of this Principle, will find the natural Consequences of it to be, That the Prince and People must not only Live in a constant jealousy and dread of one another; but must always be imbark'd in an intestine War. Nor is it to be avoided, unless either by the King's arriving at the height of Tyranny, and the Peoples sinking into the Abyss of Slavery, or by the Subjects grasping the whole Power and Authority, and leaving unto the King an empty Name. Yea, it is a destroying of the very end for which Government was ordained of God, and submitted unto by Men; seeing that was nothing else, but that the whole Society, comprehending Ruler and Ruled, might have but one Common Political Interest; for the Defence and Security whereof each of them were to have their respective Duties allotted unto them:
"Nay, the very Prerogative acknowledged to belong unto the King, is nothing save a Power trusted with him, in Relation to some Cases that may emerge, by which he may be the better enabled to preserve the safety of the Community, and to provide for the benefit of the Publick.
Nor could Sir
J Dle
take a more effectual Course to supplant the King in the Hearts of his People, and to possess them with a Horror of, and an Alienation from his Government, than by his Proclaiming within the Parliament Walls, That the King hath a separate Interest from that of his People, and by Consequence that he is to promote and maintain it, with the Neglect if not the Ruine of theirs; neither is there any thing more
propable
than that the Advocate vented it in Treachery to his Majesty, whom out of a Love to the late King, and a Desire to have him restored, he seeks to undermine and betray. For he hath hereby so alarm'd the People in reference to His Majesties Government, and fill'd them with those dismal Apprehensions of what they are to expect, in case the King have a separate Interest from Theirs, that it will be difficult either to allay their Fears, or to recover them to an intire Trust in his Majesties Justice and Goodness, without removing that Man both from about his Majesties Person, and out of his Councils, who hath given them that frightful Idea of his ensuing Reign.
However from this of the Advocate, as well as from innumerable Observations to be made from the present Behaviour and Conduct of those who are received into his Majesties Councils and Service; after they had not only ministered to King
James
through the whole Course of his Reign, but co-operated with him in most, if not all the Methods of his Tyranny; we may rationally venture at this Reflection, (to wit ) That they are either endeavouring to justify the former Reign, by seeking to expose and disgrace this, Or that they are studying to cover themselves from what they are obnoxious unto, for their crimes under the last Government, by reacting and repeating the same under the Connivance and Indulgence of the present.
And as by the First, they evidently shake his Majeties Throne; so by the Second, they not only abuse the Mercy of the Government, but despise its Justice: By the Last, they render the Government Vile and Cheap; and by the former they pursue its Subversion: It must with all lay a great Prejudice upon the Opinion of those that disswade his Majesty from gratifying his People in these Demands, about which so much noise has been made here, as well as there, that they were judged necessary for his Interest as well as the Kingdoms Safety, by, in a manner, the Unanimous Vote of the whole Parliament; and of which it may be modestly said, that it is not only one of the wisest, but constituted of the most considerable Persons for Quality, Estate, and Esteem in their Country, that ever
Scotland
had: For even the Vote about the Lords of the Session, which is most censured and stumbled at, pass'd the whole House without any more dissenting Voices than barely four; and of those Sir
J. Dple
, who was the leading Man amongst them, sensibly biassed by the Consideration, that, if the Vote obtained, his Father would have been excluded from the Honourable, and to him Beneficial Place of President, to which he is now advanced. It is not more likely that these few should act without regard to the King and Kingdom's Interest, and depart from the Laws, Rights and Customs of the Realm, than that the whole Body of the Parliament should be unacquainted with what the Constitution, as well as the common Safety of Prince and People, authorize them to claim? And that they should exceed the measures of Law, Justice, and Equity, in what they demand? Nor was the Parliament under the Influence of such Motives for encroaching upon the King's Prerogative, as these Gentlemen were for betraying both the Jurisdiction of Parliament, and the Priviledges of the Nation. For having sacrificed all the Laws and Rights of the Kingdom, under the late Reign, to the Lust and Will of one Arbitrary and Despotical Monarch; they could do no less, both by the Rules of Policy and Uniformity, than endeavour to vest his present Majesty in the Robberies of former Princes; there being no such way for Thieves to escape at the Bar, as to prevail with the Judg to receive and harbour their stolen Goods. And for the King to rely upon being informed by Sir
J. Dple
, what is the Prerogative of the Crown? and what are Rights and Jurisdictions of Parliament? is as if King
James's
AttorneyGeneral were to be made the oracle of the Court, in reference to what Crimes and Offences Peers and Gentlemen were to be condemned and executed for; and for what Failures and Miscarriages Cities and Corporations were to Forefault their Charters, and to be deprived of their Franchises. Could the Parliament have been guilty of so Impudent, as well as Criminal a Thing, as to incroach upon the just Prerogatives of the Crown, and to rob his Majesty of his legal Rights, it would have been more for their Profit and Interest to have effectuated it in relation to the disposal of Offices of State, and of Military Commands, than to claim meerly a right of interposing; and that only in the Case of a total Vacancy of the Session, about the approving of Persons nominated by His Majesty to judicial Places. For whereas the former would look like the putting themselves into a condition of giving check to their Prince, whenever a
Capricio
should take them, and they should fancy themselves agrieved; all that can be aimed at, or possibly compassed by the latter, is to have Justice equally administred according to the known Laws, which is no less his Majesties Interest than his Duty, to make wise and careful Provision for. In a word, it would seem to command as well as to bespeak belief that a whole Parliament, who in all other Proceedings, have acted with the highest Prudence, Temperance and Justice; and where there are so many Persons of Vertue, Honour, Probity, and Knowledg of the Laws and Customs of the Nation, should be more regardful of voting justly, and challenging nothing but their legal Rights, than that only
four
Men should be found insisting upon what is Right; and they, such as most of them, have been Tools and Instruments in the Breaches made upon the Rights and Liberties of the Nation.
And as the whole Blame is to be intirely lodged upon a few Ministers about his Majesty, both as to the delay that hath been given to redress any of the Scots Grievances, and as to the disputing of the Equity and Justice of actually relieving them from some; so besides the Confidence that all Good Men are possessed with, from the Consideration of his Majesty's Wisdom and Goodness, that all will be at last accommodated to the King's Honour, and the Peoples universal Satisfaction; the Concessions his Majesty hath lately granted, with references to the Articles, even against the Opinion of the Ministers, is as an Earnest and Pledg what his People may expect in reference to the rest, if it can be made appear, that what is further insisted upon, and humbly desired of him, is the relieving of his Subjects, and not the robbing of himself; the being kind to his People, and not unjust to the Crown; and the exercising Mercy to all, without being cruel and unrighteous to any. So that we are become obliged, in point of Duty to his Majesty, before whom our Demands and Claims lie, and from the Respect we owe to the English Nation, among whom these Matters are both publickly discoursed, and differently represented and censured: And finally, by the Justice we account due to the Parliament of
Scotland
, whose Moderation is not only questioned by reason of their Demands, but also their Loyalty: I say, we are become obliged, by all these Motives and Inducements, to enter into a detail of the several Particulars in Controversy, between some of his Majesty's Ministers, and the Parliament of
Scotland
; and not only to state with what distinctness we are able, the several
heads
subjected to debate, but to give all that support & enforcement from Reason, Law and Custom, to the Expediency, as well as Equity of them, that we judg to be requisite; and that we can dispatch in the narrow room which we have confined our selves unto.
In pursuance of which undertaking, We will begin with the Vote to which the Royal Assent is not given; that referreth to the disabling and precluding Persons from publick Trusts and Imployments. And this we the rather do, both because we can discharge our Hands the soonest of it, and because it is the most censured by some of the
English
, from an apprehension that what of this Nature passeth into an Act at
Edinburgh
, may be drawn into President at
Westminster
. But that every one may judge of it, and what shall be offered in the Vindication of the Necessity and Justice thereof, I shall present the reader with a Transcript of the Vote:
The King and Queens Majesties considering that the Estates of this Kingdom, have by their Vote, declared their Sense and Opinion, That such as have in the former Evil Government been grievous to the Nation, or have shewed Disaffection to the happy Change, by the Blessing of God now brought about, or have been Retarders and Obstructors of the good Designs of the said Estates in their Meeting, are not fit to be imploy'd in the Management of the Affairs of this Kingdom; Do with Advice and Consent of the Estates of Parliament now Assembled, Statute and Ordain, That no Person of whatsoever Rank or Degree, who in the former Evil Government have been grievous to the Nation, by Acting in the Incroachments, mentioned in the Articles of the Claim of Right, which are declared to be contrary to Law, or who have shewed Disaffection to the happy Change, by the Blessing of God now brought about, by acting in Opposition thereunto, since the time that the King and Queen now Reigning were Proclaimed, or who hath been a Retarder or Obstructer of the good Designs of the said Estates;
viz.
The securing the Protestant Religion, the setling the Crown, the establishing the Rights of the Leiges, and the redressing their Grievances, by Acting contrary to these good Designs, since the time that they became publick by Votes, and Acts of the Meeting, be allowed to possess, or be admitted into any Publick Trust, Place, or Imployment, under Their Majesties in this Kingdom
.
I suppose the Reader by this time surprized at the unreasonableness of the Age we live in, that there should be Men found so void of Sense and Understanding, as to spy out any thing here, that deserves to be clamour'd against, or which is worthy to be complain'd of: Every Line breathes of that Lenity and Moderation, that it favours rather of a defect of Justice, than of any excess of it; and the utmost hereby designed, is only a disabling a few wicked Men from ruining us for the future, and not a punishing of them for what they have done; for as there are none expected as to Life, so the few designed to be debarred from Offices, are described and charactered after such a manner, that the very employing them will Dishonour His Majesty, and Disgrace his Government. There is no abridging His Majesties Mercy, only an endeavour to maintain the Justice of his Undertaking in coming to Deliver us. For having charged the late King's Evil Counsellors, and them only, with the Crimes upon which he grounded both Righteousness and the Necessity of his Expedition: Whosoever is so villanous as to advise him to use them, can design no less than deriving an Aspersion upon his Wisdom, Justice and Sincerity. And if the Nations be not delivered from those against whom he declared, how shall we be able to answer his Enemies, who accuse his coming hither, to have been upon another Motive? For what his Friends affirm to have been bestowed upon him as the Reward only of his Expedition, and of the Deliverance he wrought out for us; his Adversaries will be encouraged both to believe and say, was the Principal, if not sole end of it: Nor is it meerly needful in order to the Vindication of His Majesties glorious Undertaking in coming into
Brittain
, That they who were the Instruments of our Slavery and Oppression under the former Government, should be precluded from all share of the Administration under this; but it is also necessary for the reconciling the Love and Obedience of the People to His Majesties Person and Authority. Courtiers may fancy, that if one be able, he is qualified, without other Ingredients, to be a Minister of State: But the most part of Mankind do always look for some degrees of Honesty in those advanced into the chief Offices in the Government. Nor will People easily believe, that they who betrayed their Laws, Rights and Priviledges, under one Reign, will ever Administer Justice equally, or defend them in their Properties under another. Men may have present ease, but they will be always in fear whilst they remain in the hands of their old Oppressors. It is impossible to keep up in the minds of the Vulgar, honourable Thoughts of King
William's
Government, if he will chuse to work with King
James's
Tools. Whosoever Counsels His Majesty to employ those that were the Instruments of the former Tyranny, must intend to bring him under a Suspicion, both of approving that, and of designing the like. No man envieth his Majesties pardoning the worst of his and the Kingdoms Enemies; but we cannot avoid pitying him, and bewailing our selves, that he is persuaded to use them; yea the Royal forgiveness ought to confine it self to limits; and much more should a Prince set Bounds to himself in the Honours and Preferments which he is pleased to bestow. Now having mentioned his Majesties Grace, I'll venture to say, That after all the Mercy he hath exercised towards his own and his Peoples Enemies, there is not one either Converted to his Interest by it, or that reckons himself oblidged to him for it. But instead of attributing their impunity to His Majesties Grace, they ascribe it to the Pusillanimity of the Government; and in the room of being brought over to serve him, they are emboldened to go on in their Conspiracies against His Person and Dignity. Nor will they ever account themselves indebted to his Mercy, till he hath made some of them the Objects of his Justice. But to return to what I am upon; should not an easy Animad version be inflicted upon those who have oppressed us, as the being shut out from Trusts and Imploys in the Government, We should both tempt them and others to repeat the same Crimes upon the first opportunity that is offer'd unto them. Yea, if instead of falling under such a gentle Mortification, they should be preferred to the chief places of Honour and Profit in the Kingdom, Villainy will be committed in order to Merit; and Men of brutal and Profligate Principles, will seek to exceed in Unjustice and Treachery, that they may be thought to excel in Desert. And though through the Moderation, Goodness, Wisdom and Justice of Their Majesties, we may escape the Consequences of such a Method during Their Reign, (which I pray God may be long) yet Posterity will lose most of the benefit of this Revolution, for want of adjudging those to punishment, that have been Traytors of Societies, and Cannibals to Mankind in this Age, whereby to deter others from being such in the next. The Counsel given to Princes by the Supream Sovereign by whom they Reign, is, That they should punish exorbitant Offenders, to instruct others to fear and forbear doing wickedly: But the Advice thrust upon His Majesty by some ill Men about him, is, That he should cherish and advance them without regard to the effects that may attend it. What a strange
Idea
will it give the World of our Government, if the rewards of Vertue be made the recompences of Crimes? And how shall we lift up our Faces to God or Men, if the Malefactors under the last Reign, not only escape under this without Chastisements, but inherit the Preferments and Emoluments of it. If what I have said be not sufficient to justifie both the expediency and equity of the forementioned Vote, I hope the Experience the King hath had of that sort of People, since he received them into his particular Favour, and Principal Service, will reconcile him unto a better Opinion of it, and shew him the necessity to turning those out of Office whom his Parliament would have prevented his taking in. Both the Nations are sen sible of his Majesties being betray'd, both in his Councils, and in his Affairs; and it is very easy to guess by whom it is done. For none so likely to undermine his Throne, as they who endeavoured to hinder and obstruct his Ascending to it: Nor can any Man be Traytors to this King, but they who were the Instruments of the last King's Tyranny. The Cobler's Auls and Ends are unsuitable Furniture in the Painter's Shop. Neither will they ever serve this King with faithfulness in his vindicating the Kingdoms into Liberty, who were the Sworn Vassals to his Predecessors Despotical Will, and his Tools for oppressing and enslaving the Nations. Besides the damage they have brought upon the Nations, and the Treasure they have unprofitably wasted, They have been the Occasion of losing His Majesty more Honour in one Year, than all his Foreign Campaigns ever did since he first Commanded Armies, and presided in Councils; and should he be prevailed upon by the Adulation and Artifice of any about him to trust the Conduct and Management of his Affairs in the same Hands for one other Year, it may be easily foretold, without Consulting the Stars, that we shall not be in a Condition on the third to save either him or our selves. And as we have no distinct Interest from His Majesties, so all we desire is, That he would vigorously Espouse and Assert his own, upon which we shall both believe and Proclaim our selves happy. For the Vipers durst not hiss but for the warmth they receive through being lodg'd in his Bosom. But to conclude this head; I am extreamly mistaken, if they who have occasioned and promoted the Quarrelling at the forementioned Vote, do not find that they have consulted worse for themselves, than was designed or intended by those who they account for their Enemies For this Parliament will undoubtedly at their next Assembling, be so far from departing from what they have Voted, that instead of acquiescing there, and being contended with the having the betrayers of their Laws, the Oppressors and Murderers of the Leiges, and the Obstructors of the King and Kingdoms Establishment, only debarr'd and excluded from Places of Preferment, Profit and Trust in the Government; that they will be justly provoked, and see it to be indispensibly necessary to Impeach and Proceed capitally against some of them. Thus, despising as well as refusing of Lenity, will derive
from
them the severities their Crimes at first deserved, but which that Prudence, Temperate, and Indulgent Senate, was willing to have mitigated by exchange of them into milder. And as we are fully assured, that so wise and good a Prince as His Majesty, can never entertain either mean or distrustful thoughts of a Parliament, that hath given him so many and eminent Testimonies of their Loyalty much less be prevailed upon to Dissolve them, while the Nation is in so Distressed and Unsetled a Condition; an Armed Enemy in its Bowels, and the ferment every where so high, that nothing can allay it, but their being continued, and being allowed to meet at the appointed day to which they are Adjourned; so we are no less assured, that they who are said to be the Zealots in this Parliament, and to have the chief Conduct of, and the prevailing sway in all Business and Affairs that come before it, can neither miss being chosen into, nor have less Interest and Esteem in another. So long as Persons of Fortune, Quality, and Interest, continue to assert the Laws and Rights of their Countrey, and to pursue the joint Interest of the King and Kingdom; the Obloquies cast upon them by such as dread and dislike their Courage and Integrity, will only increase their Reputation, and Oblige all those Senators and Members of Parliament, that are honest, to put the more value upon them. But to Supersede all fear of this Parliament being Dissolved, without both Assembling, and Dispatching business, the King by a Law, to which the Royal Assent was given the last Session, abridged himself of all Power in that Matter. For in the Act that past the first of
July
, whereby Prelacy and the Superiority of any Office in the Church above Presbyters, is abolished, it is declared,
That the King and Queen's Majesties, with the Ad vice and Consent of the Estates of this Parliament, will settle by Law, that Church-Government in the Kingdom, which is most agreeable to the Inclinations of the People
. So that whosoever shall have the Impudence to advise His Majesty to Dissolve this Parliament, before there be by Law some Government erected in the Church, Doth both tempt him to violate his Faith, and to trample upon one Express Statute, to which himself hath given the Royal Assent.
The next contested Vote that we are to Address our selves unto, and whereof we are to demonstrate the Legality, Reasonableness, and Necessity, is that which relates unto the Privilege of the Estates of Parliament, in nominating and appointing Committees, of which I do here subjoin an Authentick Copy.
Forasmuch as the meeting of the Estates of this Kingdom, did by their Vote of the Eleventh of
April
last, represent among other Grievances, That the Committee of Parliament called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely Chosen by the Estates, to prepare Motions and Overtures that are first Tabled in the House: Therefore Their Majesties with the Advice and Consent of the Estates of Parliament, do Enact and Declare, That it is the undoubted Privilege of the Three Estates of Parliament, to Nominate and Appoint Committees of Parliament of what Number of Members they please, being equal of every Estate, and Chosen by the respective Estates; viz. the Noblemen by the Estate of the Noblemen, the Barons by the Estate of the Barons; and the Burroughs by the Estate of the Burroughs, for preparing Motions and Overtures that are first made in the House, or that the House may Treat, Vote, and Conclude upon matters brought in plain Parliament, without remitting them to any Committee, if they think fit: Or that the House may appoint Plurality of Committees for any Motions or Overtures that need to be prepared or digested for them: Declaring hereby, That no Officers of State are to be Members, except they be Chosen. And hereby rescinds the first Act of the Third Session of the first Parliament of King
Charles
the Second, and all other Laws and Customs, establishing the manner of Election, and Power of any Committees of Parliament, in so far as they are not conform to this Act
. So sensible was the Meeting of the Estates, that the Committee of Articles was according to late Custom, Regulation, and Practice, an intolerable Grievance to the Kingdom, and a high Incroachment upon the Liberty and Jurisdiction of Parliament, that before the disposal of the Crown to Their present Majesties, they made their being relieved from it, one of the Stipulations, and an Article of Contract, upon which Their Majesties had the Crown conferred upon them, and upon which the People agreed to yield them Obedience and Subjection. For among several things which they covenanted as well as provided for the redressing of, when in the Name both of themselves, and of the whole People of
Scotland
, whom they represented, they yielded up, and conveyed over the Crown of that Kingdom to
William
and
Mary
: This was the first Grievance that they mentioned, and made it a matter of Bargain and Compact, as well as of Petition and Desire to be eased from it. The words that were proposed and read to Their Majesties in the Banqueting-House, upon that Solemn Occasion of presenting Them with the Instrument of Government, are as followeth.
The Estates of the Kingdom of
Scotland
do represent, That the Committee of Parliament, called the Articles, is a great Grievance to the Nation, and that there ought to be no Committees of Parliament, but such as are freely chosen by the Estates to prepare Motions and Overtures that are first made in the House
. What ill Men must they now be, that durst advise a Prince of that Honour, Veracity, and inviolable Faith, as His Majesty is universally known and acknowledged to be, to delay or clog the satisfying of His People in the foregoing particular. Seeing the meer procrastinating and adjourning the giving them contentment in it, hath a visible and natural tendency, if possible, to the weakning their Faith and Confidence both in his Truth and Goodness. It would appear, that some have a mind to make their Master seem faithless, to justify their being truly such themselves: Or else they have a design to vindicate King
James's
breach of all Stipulations and Promises, by persuading King
William
to do the same. Or, which is extreme likely, they would by his present Majesty's departure from that seeming Compact, upon which he received the Crown, reflect folly and injustice upon the Parliaments Deposing the late King, for his violating the Original Contract.
But that we may discourse intelligibly of that Committee called the Articles, it will be needful to give some brief account both of what it originally was, and what by degrees it grew up, or rather degenerated into, till it became at last an insupportable Grievance to the Nation, and rendred Parliaments either wholly useless, or mere Instruments for pursuing and executing the King's Will. Now by what appeareth either from our History, Records or Statute-Books, there was no such thing anciently as a Committee, or Lords of Articles, but every thing was as well originally moved as debated and concluded in full Parliament. For the first mention we meet with in our Records, of Lords of the Articles, is in the Year 1466. Under the Reign of King
James
the Third: Where we find, that upon the Convention of the Estates of Parliament, they not only chose so many from among themselves, to be Judges in Civil and Criminal Causes, who are styled
Domini ad querelas
, there being then no Judicial Court, save what the Parliament constituted from time to time out of their own Body: But that they also elected three Persons for the Clergy, three for the Barons, and three for the Burgesses, to consider of, and prepare matters fit and needful for the House to bring into debate, and to come to Votes and Resolutions about. By which it seems that the Committee of the Articles had no auspicious beginning, having its rise under one of the worst of all our Kings, and who came to the most unhappy and unfortunate end: However there appears no such thing here, as that the Officers of State were to be supernumerary to those chosen by the Parliament; or that the King, either by himself, or by one representing him, chose any of them, but it is evident from the Record, that they were wholly and entirely elected by the States themselves in Parliament assembled. And though the being an Officer of State, was never esteemed a ground disabling and incapacitating a Person from being a Member of the Committee of Articles; yet upon a perusal of the Records, I do not find that any Officers of State made a part of the Lords of the Articles, until the year 1567. and their being then of the number was not
ratione Officii
, but by reason of the Parliament's having elected them into that Station. For whosoever consults the Records of Parliament of the years, 1467. 1475. 1524. 1526. 1528. 1537. 1542. 1543. will find that the Officers of State were so far from being supernumerary in the Committees of the Articles, that they were not so much as elected into that Trust, nor had any room or place allowed them there; though it appears by the Records of all those Parliaments, that there were Members chosen by, and out of the respective Estates, sometimes in larger, and sometimes in lesser numbers to make up and constitute such Committees. Yea, I cannot but add, That our not meeting with any mention of the Lords of Articles of the Parliaments Assembled, and held 1469. 1471. 1474. 1481. 1483. 1488. 1489. 1491. 1493. 1505. 1515. 1522. 1535. 1540. 1546. 1551. is an undoubted Evidence that the having Committees of the Articles was not a thing of indispensable necessity, or to which Parliaments were legally obliged; but that it was a matter of Arbitrary Pleasure, and that they were chosen or omitted, as the House thought to be most useful and convenient for the management and dispatch of Affairs. And though it cannot be denied, but that after the year 1567. some of the Officers of State were now and then thought worthy by reason of their moral and intellectual abilities, to be chosen among others for Lords of the Articles, as in the Parliaments held in the years 1581. and 1593. yet it is most evident, that they were not elected into that Committee by virtue and reason of their Offices, much less sat there as su pernumerary to those chose by the Estates; forasmuch as in other Parliaments, particularly in those held in the years 1587. 1529. and 1594. there is no intelligence, report or remembrance of them, in the Registers and Lists of those of whom in forementioned Committees were made up and constituted. And that which puts it beyond all possibility of being controuled (save either by ignorant, or by impudent and self-condemned Men) that no Officers of State had right anciently to be of the Committee of Articles, unless previously chosen by the Estates of Parliament, is the 37. Act of Parl. 11 of
James
the Sixth: Where Provision being made by Law about the number whereof that Committee should be constituted; It is, without the least mention or suggestion of those Officers of State, enacted and ordained,
that the number of the Lords of Articles be equal in each Estate, and that the fewest number or every Estate be Six, and the greatest number Ten
. Yea so far were those, styled Lords of Articles, from having originally the sole power of preparing matters, and of bringing in Motions and Overtures, to be considered and debated in Parliament, exclusive of other Members of the House, who were not of that Committee; that both at first, and for a long tract of time afterwards, they were not so much as a Committee of Articles of, and to that Parliament by which they were chosen, and of which they were Sitting and actual Members; but were only so in reference to the next Parliament that should succeed; against whose meeting they were to prepare such things as they should judge to be most fit and expedient to be then taken into consideration; but still with a right as well as with a liberty reserved to that future Parliament, not only to receive or reject what should be thus maturated and offered unto them; but to admit whatsoever Overtures they pleased, that should be made unto any of the Members of their own House. It was the Ancient Custom and Practice of
Scotland
, that the Sitting Parliament antecedently to its Dissolution and Separating, elected so many from among themselves, who were in the interval betwixt that and the next Parliament, to make inquiry into the necessities of the Lieges, and into the State of the Kingdom; and accordingly to draw up and prepare such Overtures, as should carry that relief and remedy in them which might give a redress unto Grievances, be a means of preserving the Nation in safety, and of promoting the prosperity of the Subjects. Now from this harmless beginning of the Committee of Articles, it hath, through the Usurpation of our Kings, especially after their Succession to the Crown of
England
, and the remove of their Royal Abode thither, and through the officiousness of publick Ministers to the Prince, and treachery to their Countrey, grown up at last to that exorbitancy, that it is not only become burthensome, but intolerable. For by reason of the Parliaments coming at last to commit the inspection into all affairs, and preparing all remedies unto Grievances, into a few hands, and those to be unchangeable during a whole Session; Our Late Monarchs obtained such a handle whereby they might incroach upon the Jurisdiction of Parliaments, and the Liberties of the People, that they soon improv'd it to the eluding of all the good that the Kingdom was to expect from Parliaments, and to the making those who were designed to be the means of our safety, become the Instruments of our Ruin. For the accomplishment whereof, and the more effectual rendring the Lords of Articles, Vassals unto the Monarch's Will, and Tools for executing his Pleasure, they first prevailed to have the Officers of State admitted into that Committee as Supernumeraries, and that, without being Nominated and Elected by the Estates in Parliament, they should have a right to sit there
Ratione Officii
, by vertue of the Imployments they held in the Government. For King
James
the Sixth, being by the adulation of the
English
Bishops, brought intirely over to their Interest, as well as to their Opinions, about Church Discipline and Worship, and having a mind in requital to the Church of
Scotland
, for all the kindness they had expressed to him, both in his Infancy and riper years, to obtrude upon them the
English
Ceremonies, he did in order to the more easie effectuating of it, flatter, cajole, and bribe, as well as huff, and awe the Parliament
Anno
1621. to allow the Officers of State to Sit as Supernumeraries, without being chosen in the Committee of Articles. And thus he forced those Innovations, commonly known by the Name of the Five Articles of
Perth
, upon the poor Church of
Scotland
, having by those Supernumerary Officers, not only so moulded the Committee of Articles, as to pass and present them, but thereby laid the Foundation of their being ordained and enacted in the House. And to make the Lords of Articles yet more grievous and intollerable. King
Charles
the First, (whose invasions upon the Rights and Liberties of his People, proved Fatal both to him and them) overthrew the Ancient-Method of their Elections, and brought the choice of them into such a Channel, as could issue in no less than Tyranny in the Soveraign, and Slavery in the Subjects. For whereas by Law and Custom, the Lords were to choose the Lords, and the Barons to choose the Barons,
&c. Charles
the First did in his Parliament held
Anno
1633. when he was in the heigth of his Greatness, change and innovate this Method, and having divested the whole respective Estates, of choosing severally their respective Commissioners, he assumed a Power to himself, with a right of consigning it over to his Commissioner in Parliament, for chusing Eight Bishops, consigning to the said Eight Bishops, a Power of chusing Eight Noblemen, and restraining to the said Eight Noblemen, together with the aforesaid Eight Bishops a Power of choosing Eight Barons, and Eight Burgesses; and that these in conjunction with the Officers of State as Supernumeraries, should be the whole and sole Lords of Articles, exclusive of all others. Finally, to render that Committee yet more insupportable, the sole Right as well as Liberty of bringing in Motions, of making overtures for redressing Wrongs; and of proposing means and expedients, either for the relief or the safety and benefit of the Subject, is intirely restrained unto, and lodged wholly in this Committee: Neither is it by our late Practice lawful for any Member or Members, that are not of that packt Club and Society, to make the least proposal or motion either for repealing of an ill Law, or for the enacting of a good. So that I would now hope, that the meer representing of this Committee of Articles, as it is now transformed and degenerated from what it formerly was, is enough to justify the Vote of the present Parliament, about the having that grievance redressed, and to vindicate them from the Obloquie they have lain under, for insisting upon having Parliaments loosened from those Fetters. For where is the Liberty of Speech, and Voting, essential to a Legislative Body, if Parliaments must be thus muzled? How is a Kingdom eluded out of all the good that they expect from any Parliament, if their Representatives may neither lay open their Sores, nor offer Plaisters in order to their Cure? How miserably would things have proceeded in the late Meeting of Estates, if nothing was to have been before them, but what a Committee, where Eight
Scotch
Bishops were to have the Electing of Eight Noblemen, and they together the chusing of the rest, with King
James's
Officers of State Supernumerary, that should have prepared Overtures for that Great and Illustrious Assembly? I dare say, That the being bound up to such a Method, would have more effectually secured the Throne to King
James
, than all the Swords of his Partizans. Nor can Parliaments be designed for any thing, under such a Constitution of a constant Committee, with the Officers of State Supernumerary, but to enlarge the Prerogative of the Crown, and to levy Money from the People. But Blessed be God, His Majesty wants not Inclination to deliver his People from this, and from all other Grievances, but only wants Persons about him, to set them in that Light that he may discern them. Therefore we complain not of His Majesty for the delaying of the Satisfaction that his People waited for; but we complain of those ill Men, who told him, That to part with the Lords of the Articles, was to throw away the brightest Jewel of his Crown. Whereas it appears from what hath been said, that there is nothing desired, whereby His Majesty's Le gal Prerogative can be diminished and lessened, but that all which is humbly craved, is the redeeming his Parliament and People from an ignominious and burthensom Yoke; and their being reliev'd from the Invasion and Usurpations made upon their Laws and Customs, by the Craft and Violence of some of their Monarchs. Nay, the very contending for the continuing the Officers of State as Supernumerary in their Committees, without the being Elected unto them by the Estates in Parliament, is both an Aspersion upon the Wisdom of the Parliament, as if they knew not how to pay the respect and deference due to those Officers, till compell'd unto it; and a Reflection upon their Loyalty, as if no Persons could be tender or regardful of His Majesties Interest among the Committees of Parliament, unless received into the King's immediate Service, and brought under the Influence of Honours and Emoluments. But whosoever suggests this unto the King, must be one that is accustomed to draw other Mens Pictures by his own Original; and who by acting in all things himself as a Mercenary, strives to represent the rest of Mankind, as equally Base and Villanous. Nor can that Advice insinuated into His Majesty, of having the Officers of State Supernumerary in the Committees of Parliament, be supported by any reason, but what borders upon Treason; which is the King's having and being obliged to pursue a separate interest from that of his People; and as nothing would more Universally lose His Majesty the Hearts of his People, than the being wrought into a belief of it; so whatsoever is likely to tempt them into such a persuasion, is at all times, but especially at this, to be industriously avoided by the King.
The only thing remaining, wherein His Majesty's Parliament of
Scotland
seems to be misunderstood by him, is their Vote concerning the Nomination of the ordinary Lords of the Session, and the Election of the President. For that which they propose, both as required by, and agreeable unto their Laws, and as necessary in order to the equal Administration of Justice, is, That the ordinary Lords being in a total Vacation nominated by the King, they are to be Tryed, and Admitted or Rejected by Parliament; and that in a particular Vacation, being likewise nominated by the King, they are to be Tryed and Admitted or Rejected by the other Lords of Session; and that in both cases the President be chosen by the Lords of Session themselves. Now this being the great Matter wherein His Parliament is represented unto him, as endeavouring to encroach upon, and subvert His Royal Prerogative; and it being the particular, in reference unto which he hath been prevailed upon to exert an Authority to that height and degree, that there seems no room left for any expedient, but that either the Parliament must depart from their Vote, or that His Majesty would be pleas'd to part with those, who through abusing his Goodness, have misled him into an exercise of Royal Power which the Laws cannot justifie. It will be absolutely needful, that the Reader, in order to his being inabled to form a Right and impartial Judgment of this perplexed and intangled Affair, should be first made acquainted with the Vote it self, as well as afterwards be informed of what is to be said in the Vindication of it. The Words therefore of the Vote are as followeth;
The King and Queen's Majesties considering, That by the Laws of the Kingdom, when the place of an Ordinary Lord of the Session doth Vacate, it is to be supplied by the King's Nomination of a fit and qualified Person for the said Office, and presenting him to the rest of the Lords to be tryed, and admitted or rejected by them: And that there is now a total Vacancy of the Lords of the Session, by the happy change through the Blessing of God now brought about, so that there can be no such Tryal by the Lords; and that when such total Vacancies have fallen out, the Lords were either nominated by King and Parliament jointly; or if they were nominated by the King, the nomination was approved, and the Lords so nominated, were admitted by the Parliament; Therefore their Majesties do Declare, That they will nominate fit and qualified Persons to the said Offices, and present them to the Parliament to be tryed and admitted or rejected by them: Likeas Their Majesties with the advice and consent of the Estates in Parliament, Statute and Ordain, that in all time hereafter, when any such total Vacancy shall occur, the nomination of the Lords of the Session shall be by the King or Queen for the time being; and in case of their minority, by their Regent, they nominating fit and qualified Persons to the said Offices, and presenting them to the Parliament to be tryed and admitted or rejected in manner aforesaid. Like as Their Majesties with the advice and consent aforesaid, ratify and approve the 93d Act of the Sixth Parliament of King
James
the Sixth, anent the admission of Ordinary Lords of Session, and Reformation of certain Abuses therein: And the 132d Act of the Twelfth Parliament of King
James
the Sixth anent the Jurisdiction, Presentation, Qualities and Age of the Lords of the Session, in the whole Heads, Clauses and Articles thereof, and particularly the Clause contained in the said two Acts, Declaring that in all times thereafter, when any place should be vacant in the Session, that His Majesty should nominate and present thereunto a Man fearing God, of good Literature, Practick Judgment and Understanding in the Laws, of good Fame, having sufficient Living of his own, worth Twenty Chalders of Victual of yearly Rent, and who can make good expedition and dispatch in matters touching the Lieges of his Realm; and likewise that Clause contained in the 93d Act of the Sixth Parliament of King
James
the Sixth, Declaring that the President of the College of Justice shall be elected by the whole Senate thereof, being a Man of the Conditions and Qualities above-written, for chusing and electing of whom the King's Majesty and Estates dispence with that first part of the Institution of the College of Justice anent the Election of the President, Declaring that in case of the absence of the Chancellor and President for the time, it shall be lawful for the Lords to chuse and elect any one of their own number, whom they think qualified and worthiest, who shall be called Vice-President for using of the said Office, ay and while the Return of the said Chancellor and President. Like as Their Majesties, with advice and consent aforesaid, Statute and Ordain, that the whole Qualifications abovementioned, be duly observed in the admission of the Lords of the Session, in all time coming, and that as well in the case of a total, as of a single Vacancy
. This being the Vote so declaimed against, and in contempt whereof, and in opposi tion whereunto, some Persons having surreptiously and fraudulently obtained Warrant, Countenance and Authority from the King, are so vent'rous as to dare to act: We shall, both with all the Loyalty and Modesty that becomes a Subject, and an honest Man, and yet with that freedom and plainness, which one who hath no other design, save to serve God, his King, and his Country, with uprightness and integrity should value himself upon, endeavour to vindicate the Wisdom, as well as the Justice of the Parliament in the forementioned Vote. In the performing whereof, with all that exactness which brevity will allow, I shall begin with an account of the first Administration of Civil Justice in the Kingdom of
Scotland
that we meet with in our Records. For the College of Justice consisting of those called the Lords of the Session, not having been institute till the Reign of King
James
the Fifth,
Anno
1537. The Administration of Justice was before that time, not only ambulatory and itinerant, but was discharged and executed by such Members of Parliament as the Estates of the Kingdom, in their several Sessions elected from among themselves, and authorized thereunto. Nor had they only their whole Authority from the Estates in Parliament, but to speak properly, they were Committees of Parliament Authorized to such a Work and Office, and accountable to Parliaments for the discharge of the Trusts committed unto them; for the
Domini electi ad causas
, whom we so often meet with in the Records of Parliament, particularly in those of the Years 1524. 1526. 1528. were such Members at every respective Parliament elected from within their own Walls, for the Administration of Justice between the King and his Lieges, and between one Subject and another. From whence it appears, that it not only appertained unto the Parliament to see that Justice was duly administred, but that the Right was originally in them of nominating and ordaining the Administrators of it. Which makes it very improbable, that after their having been possessed of such a Right, Authority and Jurisdiction for so long time, they should so wholly part from, and intirely surrender it as upon no Occasion or Emergency whatsoever to leave unto themselves a share, or reserve a concern in it. Let us add to this, That when the College of Justice came to be instituted,
Anno
1537 Parl. 5 King
James
the
5th
Act 36 though it was Established and Ordained by the Legislative Authority of the King and Estates joyntly, and not by an exertion of meer Royal Prerogative, yet the Estates in Parliament then Assembled, both took upon them and were allowed the Nomination and Choice of the President, as well as of all that were then called forth and advanced to be Lords of the Session, or College of Justice, as appears by the 39. and 41. Acts of the aforementioned Parliament. Yea it is further evident from the Records of Parliament, that the Estates of the Kingdom did often in succeeding Parliaments Nominate, Choose and Impower, those very Lords that were actually of the Session, to continue in the Administration of Justice, which sheweth beyond all rational contradiction, that they could much less enter upon the Office at first, without their being Chosen and Approved by the Estates in Parliament. Thus
Anno
1542. being the first of
Mary
, we find the President with the rest of the Lords of Session Chosen and Impowered a new, as
Auditores ad causas
, for the hearing and deciding Civil and Criminal Causes. And again we find the Parliament of the Second of
Mary,
Anno
1543. not only ratifying by the Legislative Authority of the Queen and Estates, the Institution of the College of Justice, but we find the Estates alone nominating and choosing
ad causas
, the President
cum cæteris Dominis Sessionis & Collegii Justitiæ
. But forasmuch as there was a change given afterwards by Laws to this Course and Method, and a new Regulation ordained by subsequent Statutes of the College of Justice, wherein both the qualifications of those that are to be Chosen Lords of the Session, and the manner of their Approbation are required and appointed: We are therefore obliged in the next place to look into those Laws, and to examine whether they detract from the Prudence, and weaken the Justice of the Parliament, in their fore-mentioned Vote; or whether they not only Countenance and Support, but Justifie and Vindicate them. And We'll begin with the 93 Act 6 Parliament
James
6. where it being acknowledged, That the Nomina tion of the Lords of the Session belongeth unto the King, and that he ought to name such as have the Qualifications there required, which are already specified in the aforesaid Vote; It is further added,
That in all time coming, when an ordinary Place becomes vacant in the Session, the Person nominated thereunto by the King, shall be sufficiently tryed and examined, by a sufficient number of the Ordinary Lords of the College of Justice, for whom it shall be Lawful to refuse the Person presented unto them, and that the King in that Case shall present another, and that so often until the Person presented be found qualified
. But seeing this Act may be said to have passed in the minority of King
James
, and the force of it be thereupon endeavoured to be eluded, We will therefore consult Act 134. Parl. 12.
James
6. wherein, besides a Repetition and a Confirmation of all that is mentioned and ordained in the former Act, there is further added,
That none shall be received to any Place of Senator in the College of Justice, unless he be sufficiently tryed by the whole College of Justice
. Now as those are the Laws relating unto and regulating the Nomination, Examination and Approbation of the Ordinary Lords of the College of Justice, the Practice hath been in all Times conformable thereunto. So that the First Parliament of King
Charles
the Second, which through the prevailing of the like Folly and Madness in
Scotland
, which then reigned in
England
, rob'd the Kingdom of many of the Rights and Privileges, to increase and inlarge the Prerogative of the Crown; yet they were so tender of making any Innovations in this particular, that by their Second Act of that Parliament they Ordain,
The Nomination of the Lords of Session to remain as in former Times, preceding the Year
1637.
And accordingly we find, as there have been several, who upon single Vacancies in Former Reigns had been rejected by the Lords of the College of Justice, though nominated by our Kings: So there was one Sir
William Ballanden
, whom
Charles
the Second had nominated and recommended, who upon examination by the rest of the Lords was refused and rejected, as a Person not Qualified according to the Statutes of the Realm. Is it not therefore unreasonable to be imagined, That the King, who upon a single Vacancy cannot constitute one Judg, till he be examined and approved, should nevertheless be esteemed impowered to
confixe
the whole Bench of the College of Justice, without
a
previous Examination and Approbation? How improvident were our Parliaments, and how weak and ridiculous were our Laws, if all that is provided for, be only the
restraining
the King from making one Judg that is unqualified; and at the same time allow him a Power and Authority of making Fifteen that are unqualified, for such they are to be esteemed, till they have been tried and approved? There can be nothing more unquestionable, than that they who are nominated by the King to be Judges,
, according to the Laws of
Scotland
, to be tried and
approved
before they be accounted or authorized to sit and
judg
, and therefore, there being upon a total Vacancy, no Lords of the College of Justice to try, examine and approve those whom the King hath nominated and recommended, it would seem to be uncontroulable by all Persons pretending to reason, and acquainted with our Laws and Customs, about the Right of examining, and of admitting or rejecting
them
, comes to be devolved upon the Parliament; which is
the
whole that is desired in the forementioned Vote. Nor is
there
any mean, but that they either must ascend the Bench without undergoing a Tryal, or receiving an Approbation, which is openly to Affront the Laws; or else the Power and Right of approving, and of accepting, or rejecting, must be acknowledged to reside in the Estates of Parliament. Nor was this ever denied them in the Case of total Vacancy under the worst of the foregoing Reigns. Which makes it the more doleful as well as Amazing, that through the
Subornation
and Crafty, but false insinuations of Evil Men, there could be an endeavour of wresting it from under the Reign of so Gracious and Temperate a Prince, whom they with so much Affection and Zeal called and invited to the Throne; not only in gratitude for his having delivered them from Popery, but out of a hope and prospect of his relieving them from all their other Grievances. It hath been already proved beyond the possibility of a Reply, That the full Constitution of the College of Justice, and the Nomination and the Approbation of those that were then advanced to be Lords of Session, was by the Estates Assembled in Parliament. And I do now further affirm, That in the two total Vacancies, which are all that have since occurred, besides all that hath now fallen out upon the late happy Revolution, the Estates in Parliament were indisputably allowed the Right of admitting, or rejecting those of whom the College of Justice was to be freshly Constituted; for upon the total Vacancy in the year 1641, which was the first that had been from the Institution of the Lords of the Session, the Parliament not only Challenged the Approving, but they took upon them the joynt Nomination with the King, of all the Persons that were to be admitted into, and created Members of the College of Justice, by this Example and President, I will not insist upon, seeing there was something unjust and illegal in it, as well as something just and legal. For not being satisfied with the Right of admitting, to which Law and Reason gave them an unquestionable Title, they usurped upon the Crown, and took upon them the Power of nominating, which had been granted by former Laws unto the King. Let us therefore see what was done upon that other total Vacancy, which occurred at the Restauration of
Charles
II. when nothing would have been departed from by the King, that he could have withheld without the highest Injustice, nor any thing either claimed or accepted by the Parliament that they could have sacrificed or surrendred without becoming obnoxious to eminent dangers; and yet even then the King having nominated those whom he designed for the Lords of Session, the Approbation of them was submitted unto the Parliament; and the Estates having in full Parliament consider'd them, they admired and received them. It is true that the Parliament did not bring them single before them, and there Try and Examine them, not because they might not have done it, but because there was no need of it, being all of them of that Eminency, as to be Universally and Notoriously known to have all the Qualifications required by the Statute. Yea though that Parliament was abundantly officious towards the Crown, and Loyal to that excess to the King,
as
to be Disloyal to their Countrey, and unfaithful to their Constituents; Yet in the Second Act of their first Session, by which they restore to the King what had been wrested from him in the Parliament 1641, they allow him no more in reference to the Lords of the College of Justice, but the Right of nomination as the Crown had enjoyed it, preceeding the Year 1637. But I hear there are some, who finding his Majesty unalterably resolved not to depart from the known and just Laws of the Land in the Governing of his People, have therefore, to elude the force of what hath been here Represented, and to divert his Majesty from hearkning to the humble desires of his Parliament in this matter, been guilty of the Treachery as well as the Impudence to suggest unto His Majesty, That there is not now a total Vacancy, there being of the fifteen nominate by His Majesty for Lords of the Session, three that were antecedently such; and that it belongeth unto them Three to try and approve the others; and that what the Parliament pretends unto, being only in the Case of a total Vacancy, is here wholly Superceded; and that for any to insist upon it, is an incroachment upon the Prerogative of the King, and a robbing of the Lords of Session, of a Privilege vested in them by Law. Now tho all that is here insinuated, be rather the Offering an Affront to our Understandings, than the Accosting us with a reasonable Objection; yet we will so far condescend to the weakness of those that are ignorant of the Laws and Customs of
Scotland
, as to return such a Reply unto it, which may not only convince all Mankind of the impertinency of it, but expose those that are the Authors of it, to be either loathed as ill men, or ridiculed as silly. For First, Supposing that S, N, and M, who are all that can be referred unto in the pretended Objection, did still remain Lords of the College of Justice, by Reason of their having formerly been so: Yet they are too few to constitute a Session, which they ought to be, before they take upon them to Try and Approve such as are recommended unto them by the Kings nomination. The
Quorum
of which a Session ought to consist, before it can Exercise any Legal Authority, should be Nine, which I think no Arithmetick will make Three to be. Nor will my Lord S and his Son Sir
J. D
, find that Success in their Attempts against the first and self-evident Principles of natural Sciences, and of the Mathematicks, that they have had in Undermining and Subverting the Laws of their Countrey. Secondly, for any Person named by the King in order to the being received as a Lord of the Session to be examined and approved by Three, tho granted to be Actual and Sitting Lords of the College of Justice, is expresly repugnant to an Act of the Session it self, confirmed by the King's Letter
An
1674. It being provided by that Act, That when any new Lords of Session shall be presented by His Majesty for Tryal of their Qualifications, that they shall be present one day in the Outer-House, where they are to inspect a Process that shall be carried to
interloquitor
, and from thence make Report of all the Points therein contained, to the whole Lords of Session; and then for compleating their Tryal, shall sit another day in the Inner-House; and the after the bringing the dispute of some point of Law to a Period, shall give their Opinion about it in presence of all those Lords of which that House doth then consist. Now as this Order and Rule is appointed to be observed constantly in all time coming, about the Tryal of Lords nominate by the King, and to be admitted, and hath been accordingly observed and practised ever since, till the present Vacancy; so it is evident to all who have not renounced common sense, that the Regulation, Order and Method of Tryal, prescribed by the foregoing Act, is altogether impracticable, where the Lords that are to be the Tryers, and Examinants, are to be three. But then thirdly, It is the most absurd thing imaginable to fancy, That because Three of the Lords now nominated by the King, were heretofore Lords of Session, that therefore there hath not been a total Vacancy upon this late and happy Revolution. I am sure that in the parallel Case,
Anno
1661. the Parliament in the Preface unto the Statute, by which they admitted those to be Lords of the Session whom the King had then named, they call it a new and intire nomination, which they neither could nor would have done, if they had not judged the Vacancy to be total, and yet three of the Lords then nominated by
Charles
the Second,
viz.
H,
C
and
L
had been Lords of Session, and had sate in the College of Justice before that nomination. Fourthly, if
S
N
and
M
's having been once Lords of Session be enough to hinder the late Vacation of the Session from being total; then I challenge all the World to tell me what can either make a single, or a total Vacancy; yea, if those Gentlemens Places were not voided after what had befallen them, and the placing others for several years in their room, I do much question whether their death can make their Places Vacant, and whether they may not be as well said to remain Lords of the Session, when they are rotting in their Graves, as to have continued so in the State they were, before His Majesties late nomination of them. For as they all had their Commissions during pleasure, so
S
's and
N
's were recalled and reassumed by King
Charles
, of whom they had received them. And I take it for an undoubted Maxim, that he who hath Power and Authority to give, and giveth not during life, may by the same Authority take away at Pleasure, what he hath given. And as for
M
who had his Commission from King
James
, if his Place be not rendered Vacant by his Masters having forefaulted the Crown, nothing will or can render it so.
Fifthly, If these Gentlemen having heretofore Lords of the College of Justice, hindreth the late Vacancy from being accounted total; then His Majesties nominating them afresh, was not only superfluous in it self, but an injury unto them. For it was the bringing them to hold that by a new Title, which they had a claim unto, and ought to have been accounted possessed of by an ancient Right. Nor are they obliged for their Places to His Majesties Grace and Bounty, but to his Justice. Sixthly, The very form of the presentation by which their nomination is signified, shews that the Vacancy was taken to be total. For it being the constant Custom in all single vacancies, that the name of the Person succeeded unto, as well as his who is to succeed, be equally expressed in the Presentation, and there being no such form, but the contrary observed in these Gentlemens Case, it is an Argument that His Majesty took the Vacancy to be total, whatsoever his President, Secretary and Advocate do. Seventhly, In all Cases where the Vacancy is not Universal, the Presentation of those named by the King, is directed to the College of Justice, or the Actual Lords of Session, and so our Laws ordain and provide it should be. But the Presentation of those now named to be received and advanced unto the Administration of Justice, or at least of most of them, was directed to the Earl of
C
who never was a Lord of the Session, nor yet is: Which is an Evidence, that the holding the late Vacancy not to have been total, was not an Opinion they were led into by truth, but by necessity, and that they have only espoused it to justifie what hath been illegally done. It is yet further alledged by these cunning Men, that have first endeavoured to mislead His Majesty, and now seek by what pretences they may best defend that which they have done; That though, by the Ancient Laws, the King was only trusted with the nomination of the Lords of the Session, and the tryal and approbation of them was lodged elsewhere; Yet that by Act, 11. Parl. 1.
Charles
the Second, the sole choice and appointment of the Lords of the College of Justice is given unto and setled upon the King. But surely they who make the exception must be Men either of very weak understandings, or of very bad consciences, and they must think they have to do with a very credulous sort of People, whom they may bubble into the belief of any thing, though never so false and unreasonable, otherwise they would never talk at so ridiculous and impertinent a Rate. For, First, there is nothing granted unto the Crown by that Act, but what was its ancient and undoubted right: instead of setling any new Prerogative upon the King, the Parliament does only there declare what was anciently the Inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of that Kingdom: Which I am sure that the trying, approving, and accepting or rejecting, those nominated for Lords of Session never was, that having been by so many preceding Acts of Parliament, which we have mentioned, setled and vested in other hands. Secondly, Whatsoever can be supposed to be granted unto the Crown by Act 11. Parl. 1
Charles
the Second, it doth as much affect as single Vacancy as a total; the words being,
That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the Kings of
Scotland
to have the sole choice of the Lords of Session
. Which can import no more, save that they have the sole nomination of them, but not the tryal of their qualifications, seeing all along since, both in that Reign, and in the next that ensued, the examination and acceptance or refusal of those that were recommended by the two last Kings upon emergent Vacancies to be Lords of the College of Justice, were always certified to the Actual and Sitting Lords of Session, to be by them tryed, and admitted or rejected as they could see cause. Thirdly, What the Gentlemen who make this Exception would give the Crown with one hand, they take away with the other. For while they would Preclude the Parliament from taking notice of the qualifications of those, who upon a total vacancy are nominated by the King, under a pretence that the sole choice of the Lords of Session, is by the forementioned Statute Declared to be an Inherent Priviledge of the Crown: They at the same time seek to skreen and vindicate themselves from the Violation of the other Laws that prescribe the method of trying and approving those who are nominated now by His Majesty for Lords of the College of Justice, by alledging, that
S
N
and
M
are both in a capacity through having been formerly Judges, and are commissionated to try and approve them. Fourthly, All that some apprehend to be contained in the 11 Act Parl. 1.
Charles
the Second, is wholly Narratory, and no part of it Statutory, at least so far as our concernment lies in it, and as we are therein referred unto other Acts for the knowledge of what is Statuted and Ordained: So upon our application unto, and consulting of Act 2. Parl. 1.
Charles
2. all we find there enacted is,
That it is an inherent Privilege of the Crown, and an undoubted part of the Royal Prerogative of the King, to have the sole Choice and Appointment of the Officers of State and Privy Counsellors, but that he hath only the Nomination of the Lords of Session, as in former times preceding the year
1637.
and what that was we have already shewed, and do find it to be so far from interfering with, or derogating from what the Parliament doth now insist upon and demand, that it both warrants and justifieth it. I may fifthly subjoyn, That upon supposition that the Act 11. Par. 1
Charles
the Second were Statutory, which it no ways is; yet there is a later Act pass'd in the said first Parliament of King
Charles
the Second, though unprinted, yet upon Record in our Registers of Parliament, and which was purposely made for the Regulation of the College of Justice, and about the admission of the Lords of Session, as the very title and rubrick bears; wherein all that we find Enacted, is, That the King, instead of having the sole choice of the Lords of Session, shall only have the Nomination of them, as the Crown stood possessed of it in times before the year 1637. and that their admission in all times to come shall be according to the Laws and Acts which were in being before the year which we have already mentioned. So that fancy what they will beyond this, granted unto the King by Act 11. yet it is all withdrawn, and reassumed from him by this later Act of
April
the 5th.
All that now remains to be further added on this Subject, so far as concerns the controversial part, is to inquire whether the King hath at all times the sole Power and Right of chusing and appointing the President of the Session? And we presume with all humility to say, that by the Laws of the Kingdom, and according to ancient Practice and Custom, he hath it not, nor can he legally lay claim unto it, seeing by Act 93. Parl. 6.
James
6.
Anno
1579.
It is Statuted and Ordained, That the President of the College of Justice shall be always chosen by the whole Senators of the said College
. Which Statute is confirmed by Act 134. Parl. 12.
James
6. wherein it is expresly declared,
That the King with advice of the Estates, doth ratifie and approve all the Acts made either by his Majesties Predecessors, or by his Highness himself before, upon the Institution of the College of Justice, and the Reformation of the abuses thereof
. Nor can it be denyed, but the appointing that the President should be chosen by the whole Senators, was designed as the Reformation of an Abuse in the College of Justice, which either had not been provided against, and obviated in the first Institution of the Session, or which had crept in afterwards. And as this was the Law about the Election of the President, so the Practice was always conformable thereunto, until that my Lord
S
came to be constituted President by King
Charles
the Second, and was illegally obtruded upon the Lords of Session, without the being either chosen or approved by them. For from the time of the making the Act until then, there was not one that had ever sate President, but who had been chosen by the Lords of the College of Justice, except Sir
John G
, who upon being nominated and recommended by the King in the Case of the total Vacancy
Anno
1661. was approved and confirmed by the Estates in Parliament. But for the Lord
P
, the Lord
U
, the Lord
C
, Sir
Robert S
, and the Lord
D
, who were all that had been President from 1579. until 1661. they were every one of them chosen and admitted by the Lords of Session. Nor is it unworthy of Remark, that the Lords of Session, upon every Election they made of a President, declared that they did it in conformity unto, and in pursuance of the Act of Parliament. And as King
Charles's
departing from the Law in this particular, was one of the first steps towards arbitrary Power, so it was both in order to farther Incroachments upon our Laws and Rights, and prepared the way for most of the Tyranny that he exercised afterwards. And as
S
assuming the Office of President, upon the illegal choice of the aforementioned King, was both an Affronting, and Betraying of the known Laws of the Kingdom; so his whole Behaviour in that Station was of one piece and complexion with his entring upon it, being a continued Series of Oppression and Treachery to his Country. For besides that all his Verdicts between Subject and Subject, were more ambiguous than the Delphick Oracles, and the occasion of the Commencement of innumerable Suits in place of the determining of any; he was the principal Minister of all
L
's Arbitrariness, and of King
Charles's
Usurpations. Nor was there a Rapine or Murder committed in the Kingdom under the countenance of Royal Authority, but what he was either the Author of, the Assister in, or ready to justifie. And from this having been a Military Commander, for asserting and vindicating the Laws, Rights, and Liberties of the Kingdom against the little pretended Invasions of
Charles
I. he came to overthrow and trample upon them all in the quality of a Civil Officer under
Charles
II. Nor is there a Man in the whole Kingdom of
Scotland
, who hath been more accessary to the Robberies and Spoils, and who is more stained and died with the Bloody Measures of the Times, than this Lord
S
, who his Majesty hath been impos'd upon to constitute again President of the College of Justice. And as an aggravation of his Crimes, he hath perpetrated them under the vail of Religion, and by forms of Law; which is the bringing the Holy and Righteous God to be an Authorizer and Approver of his Villanies, and the making the Shield of our Protection to be the Sword of our Ruin. But there being some hopes that the World will be speedily furnished with the History of his Life, I shall say no more of him, but shall leave him unto the expectation and dread of what the famous Mr.
Robert D
foretold would befal them him in his Person and Family, and of which having tasted the first Fruits in so many astonishing Instances, he may the more assuredly reckon upon the full Harvest of it. And the Method he hath lately begun to steer is the most likely way imaginable to hasten upon him and his, what that Holy, and I might say, Prophetical Man denounced against them. For whereas the Nation would have been willing upon his meer withdrawing from Business, and not provoking their Justice by crouding into the Place in which he had so heinously offended, to have left him to stand or fall at the great Tribunal, and to have indempnify'd him as to Life, Honour and Fortune here, upon the consideration of his having co-operated in the late Revolution, and of his having attended upon his Majesty in his coming over to rescue and deliver the Kingdoms from Popery and Slavery: He seems resolved to hasten his own Fate, and through putting himself by new Crimes out of the Capacity of Mercy, to force the Estates of the Kingdom to a punishing of him, both for them and for the old. But to return to what we are upon, about the Right of Electing a President of the Colledge of Justice: It is excepted, to what hath been said, in proof that the Power is by Law in the Lords of Session to choose their own President; that Sir
John G
, was, upon King
Charles
the Second's nomination, approved and confirmed in Parliament,
Anno
1661. which was a divesting of the Lords of Session of it, and a vertual rescinding all the Laws by which that Power had been settled upon them: To which I have several things to reply, that will discover both the Impertinency of the Objection, and the Treachery of those who have insinuated it to the King.
First, It is acknowledged in the very Exception, that the sole Choice of Sir
John G
as President, was not in King
Charles
, seeing the Parliament had the Approving, Allowing, and Admitting of him, which makes that case to differ very much from the Present In which the choosing of the President is not only taken away from the Lords of Session, but the approving and admitting of him is denyed to the Estates of the Nation in Parliament assembled.
Secondly, What was done in Ordaining Sir
John G
President, was not a repealing of the Laws, by which the Choosing of the President is vested in the Lords of the Session, but was at most only a dispensing with them in that extraordinary case of a total Vacancy, and in reference unto a Person of a most unspotted Integrity, and unparalleled Knowledge in the Laws. Nor will any Man, pretending to acquaintance with Parliamentary Customs and Proceedings, reckon that a Law is therefore rescinded and abrogated because the Parliament hath seen reason to supersede it in a single Instance, and in a particular case. Laws once Enacted and established are never accounted to be abrogated, unless by particular future Laws formally repealing them, or by posterior general Statutes inconsistent with, and destructive of them. Nor do Two or Three particular Instances, varying from, and repugnant unto them, bring them so much as into disuse and desuetude; but even in order to that, there must be immemorial Prescription against them, and that without being disallowed or complained of in Parliament.
Thirdly, What the Parliament did,
Anno
1661. in the Case of Sir
John G
, it was not properly done by them in their Legislative capacity, but as a part of the Supream Authority of the Kingdom, concurring with the King in an Act and Deed of the
Supremum imperium
, and illemited Power of the Government, which the appointing of Judges for the equal administration of Justice came to be at that season and conjuncture, by reason of the total Vacancy, and the impossibility that thereupon ensued of Choosing and Ordaining the Lords of Session, whereof the President is always one, in the ordinary Legal and Established Methods. What the King and the Estates of Parliament did in the case of that Vacancy of the Colledge of Justice, was much of the Nature of, and parallel unto, what the Estates alone have done upon the late Vacancy of the Throne; wherein they acted not in the way of a Legislative Body, but in the Vertue of that illimited Power which resided in them, as Representatives of the whole People, and who knew no other Measures whereby to act, but what lay most in a tendency to the Publick Safety.
Fourthly, The King's having a Right to choose the President of the Session, is disclaimed and ridicul'd by those very Persons that have advised him to challenge it: For my Lord
S
, in whose Favour, and in pursuance of whose Advice, his Majesty hath claimed a Right, and exerted an Authority of appointing a President, hath, by the Method of his entring upon that Office and Station, renounced the Legality of his Majesty's acting in that particular, and declared that he holds not his Place by vertue of the King's Choice and Designation. For after he had prevailed upon the King to elect and send him down President of the Session, the first thing he did at their Meeting, and that in order to the throwing the blame upon his Majesty of all that had been transacted before, was to wheedle that overaw'd and pack'd Bench, to choose him for President of the Colledge of Justice: which as it shews the Disloyalty and Treachery of the Man, so it testifieth and publisheth his Folly. For how could they be in a capacity as Lords of Session to choose him for a President, that were not antecedently, legally, tryed and approved themselves? And who knowing their own unqualifiedness, both as to Literature and good Fame, made his Majesty's having nominated them, an excuse from their undergoing a Tryal. For though it be both required by the Laws, and was accordingly given out all along here, that they should be tryed; yet Five of them being conscious unto themselves how little they answered the Qualifications prescribed in the Statutes, refused to submit to be examin'd, under a Pretence that they would not thereby weaken his Majesty's Right and Authority in his having elected them. And thus the King's Authority is doubly exposed, by those who call themselves the Ordinary Lords of Session, in excusing themselves from a Tryal, which was never designed they should do, seeing
S
,
M
and
N
, were both appointed, and said to be in capacity to examine them: And then by him who is stiled President, through its being made a Stale for his obtaining the Name, and renounced for the Choice of the Bench, as that which alone must give him a Legal Title. Whereas if the King's Choice of him be not according to Law, and sufficient to justifie his entrance upon his Office, Why did he abuse his Majesty in telling him that it was? And if it be the King's Right, and a part of his Prerogative, to elect the President, Why hath he sacrificed his Majesty's Honour, and given away his Legal Power, in the submitting to hold the Office by any other Tenure? Howsoever we are come to be Gainers by this Carriage of
S
, how much soever the King is a looser by it. For his surendring from the King the Right of choosing a President, is a Vindication of the Justice of the Parliaments Vote and Demand. Besides, here is an end put to that Pretence which they have been endeavouring to sham upon the World,
viz
That
S
was only restored to the Presidency of which he was violently dispossessed, and that he was not chosen unto it as unto a Place whereunto he had not a Right. So that either the Choice made at
Edinburgh
overthrows the Plea used at
London
, about his beeing meerly restored; or else that whereby they do here seek to justifie his Majesty's Proceedings in reference to
S
's being President, condemns what the
Proteus
hath there betaken himself unto, of being elected by those called the Lords of the Colledge of Justice. To which I shall only add, That as he was never legally President before, so he is as little President now. His assuming the Office then, when he was not chosen by the Bench, as the Law ordains, made him an Usurper; and his entring upon the Place again, upon the Choice of those that are not Judges, by reason of their not being tryed as the Statutes appoint, leaves him under the same Crime and Imputation.
So that having now dispatched, all that is either Historical or Argumentative about the several Heads in difference between the Parliament of
Scotland
, and a few unadvised and ill designing Men about His Majesty: I shall shut up this Discourse with some Political Reflections upon the whole. Whereof the first is, That it is not the having barely a good King that renders a People happy, but much of it must arise from his having good Ministers about him. For no Nation had ever a better Prince than we at present have, and yet we find there is cause of complaint, by reason of the Ill Counsellors that possess his ear. We do not think that he entertains them out of choice, yet that will not give his People ease, though it may for a while suppress their Murmurings. His Majesties being so little acquainted with Men at his first coming over, might lay him open to be misled in the choice of His Officers: But to continue to use them after he hath had sufficient means as well as opportunity of knowing their Characters, will leave an imputation not only upon his Goodness, but upon his Wisdom. For as the People have no other way of judging the goodness of their Prince, but by finding his Officers and chief Ministers to be such: so if these be not, they may possibly acknowledg
William
to be a good Man, but they will never believe that the King is so. And
Machiavel's
observation, That a wise King will always find wise Ministers, is no more than what every Man is perswaded of upon the first Principles of Reason, and of common sense. I do acknowledg, that ill Men have ways of thrusting themselves upon Princes, which they that are vertuous think too unworthy and below them to use. For whereas the later are always modest, and seek no recommendati ons but from their own Merit; the former are importunate, & can both flatter & bribe Favorites to speak well of them. It was a severe Prediction as well as Observation, which the late Prince of
Conde
made upon the News of King
Charles
the Second's Death, and of his Brothers succeeding him,
viz
That he was like to be well served, through having none about him, but his own Fools, and his Predecessors Knaves. How many Wise-Men then imagine his Present Majesty is like to be served, who though he hath not the Fools of the last Reign about him, yet he hath both the Knaves of that and of the former? Nor is it of any great advantage at least to
Scotland
to be delivered from the Fools of the last Government, seeing there are weak Men enough besides those, and some of them trusted with the chief conduct of the
Scotch
Affairs. For how else could it be, that of all the Publick Orders remitted thither, there hath not been one, which either the meeting of Estates, the Parliament, or the Privy Council have not voted to be illegal? In reference unto which, as we do acquit the King from all blame, seeing he cannot be supposed to be acquainted yet, either with the
Scotch
Laws, or with their Forms, and does only sign what others prepare for, and offer unto him; so we are not willing to ascribe it so much to the Treachery and Malice of his Minister, as to his simplicity and weakness: Who though he may possibly be an honest Man, and indifferently versed in common Affairs, yet he hath no great knowledge of the Laws, and is but a Puny in the Politicks, by reason of which he comes to rely upon other Mens advice, who instead of instructing and assisting him to serve the King, make him a Tool for promoting ends and designs directly opposite to His Majesties Service and Interest. But then I should observe, Secondly, That one illegal stop doth lead to many: Nor is one Arbitrary thing to be supported but by another. It hath been hitherto taken for an undoubted Truth, That though the Estates Assembled in Parliament have not alone a Legislative Power, so as to enact Laws without the King, yet that they have the Supream and Uncontrovertible Power of declaring the Meaning, and Sense of those Laws that are already Enacted and Established. So that when the Parliament hath once declared the Sense and Meaning of any Law, all Courts of Judicature, as well as particular Persons, are bound to acquiesce in their explanation of that Law. And to divest the Parliament of this, is to strip them of one of their chiefest Priviledges, and to detract from and diminish their Authority, which is Treason by Law of
Scotland
. For it is expresly declared by
Act
130. Parl. 8.
James
6.
That whosoever in time coming shall take upon him, to impugn the Dignity and Authority of the three Estates, or shall seek or procure the innovation or diminution of the Power and Authority of the Three Estates, or of any of them, shall be guilty of Treason
. Yet when the Present Parliament had declared the sense of the ancient Laws to be, that the King in a total Vacancy could not appoint Judges without their being admitted by Parliament, the advance that had been made against our Laws, in His Majesties assuming a Right of Electing and Authorizing them, hath been seconded with an impugning, despising, and subverting that Authority of Parliament which we have been speaking of. Nor hath the Invasion upon Parliamentary Rights and Priviledges terminated here, but there hath been a further assault made upon them, both by the Councils assuming the Cognizance of that, which was lodged before the Parliament, and by their Actings determining in it contrary to the Vote, and Declaration of the Estates, who are the Supream Judicature, and in conjunction with the King, the only Legislative body of the Kingdom. For it is an unquestioned Maxim, That when a matter is once brought and tabled before the Parliament, so as they have laid their hands upon it, it is not afterwards to fall under the Cognizance, or Determination of the Council, or of any inferior Judicature, unless remitted expresly unto them by the Parliament it self. And therefore the Parliament having given a stop to the opening of the Signet, and to the sitting of the Session, till the King's further pleasure was made known to them, and until that matter should be brought to such an Accomodation, as was consistent with the preservation of the Laws of the Kingdom, it was a high Invasion upon the Authority and Jurisdiction of the Parliament, for the Council to meddle in it. But this they were aw'd unto by those who had given the King advice to chuse the Lords of Session and President, and who knew no way to justifie one illegality but by another. Yea, our Ministers, in order to make the first Act of Invasion upon the Laws which they had thrust the King upon successful, and to prevent their receiving a baffle upon their first setting out on the road of Arbitrariness, sent menacing Letters to those that were nominated Lords of Session, threatning them with ruin if they did not sit at the time they were appointed; and had it not been for those Letters, several had forborn to act, as knowing they could not lawfully do it. And as the sending those Letters sheweth that the Ministers here were convinced that they had counselled the King to an illegal Thing, but which was to be supported in the same manner: So these Gentlemen of the long Robe, who contrary to their own Judgment, were influenced to sit, and to transgress known Laws, have declared how Unworthy and Unqualified they are to be received and approved by Parliament, as Lords of the College of Justice. And to Crown all these Miscarriages in Government with one more, his Majesties Ministers being fully sensible, that they whom they call Lords of Session, were neither legally appointed, nor could legally meet and sit, they therefore resolved forcibly to support what they had unjustly begun and done; and accordingly, against the day and time those Gentlemen were to sit, they ordered all the Forces, which were drawn in unusual Numbers about
Edenburgh
, to be in a readiness upon beat of Drum, that what they had Arbitrarily begun, might be Violently maintained. Which as it was an applying, and using of his Majesties Troops, upon a much differing Design, than that for which the Parliament had consented to their being raised and paid: So it had been much more for his Majesties Honour, and the Benefit of his Kingdom, that they had been all imploy'd against
Cannon
, who is still making Inroads, and committing Robberies upon several of his Majesties Loyal Subjects; and who by the ill Conduct and treasonable Counsel of some of his Majesties Ministers, seems to have connived at and forborn, since the last defeat that was given him, for no other reason, but that there may be a stand for other Rebels in due time to go unto. But that which I would observe, Thirdly, and in the last place, is, That his Majesty for his own Honour and Safety, and for the Peace and Welfare of his People, ought to make some Change and Alteration of his Ministers. For it is evident, That they who are imployed as Instruments of Oppression, Rapine and Murder, under an ill Government, can never be of use unto, nor for the reputation of a good. It is evident, That he is betrayed, nor is it so difficult to know by whom, and how. For Things speak, when Men either dare not, or will not. And Advices are not to be judg'd of by the Quality and Profession of the Persons that give them, but by the tendency of the Counsels that are given. For example, They cannot design well unto his Majesty, who tell him, That he must not make haste to conquer his Enemies, until he have first screw'd up his Prerogative; and that he is to improve the dread his People are under of King
James
, for wresting from them what he can, before he attack him. Again, they cannot intend his Majesties Interest, who would have him overlook the Crimes and Treasons that are daily committed against him, seeing the conniving at Rebels can only be to incourage Rebellion. Again, they who advise him to be King only of a Party, and not of the whole People, have a mind he should be King of none. And to counsel him either not to use those in his Service who are both willing to serve him, and would do it with the utmost Fidelity; or to use those whose Carriage speaks them to be in the Interest of his Enemies, it is to have him betrayed instead of being served. Nor can they be for his Continuing upon the Throne, who would have hindred his Ascent unto it. And whosoever embarrasseth him with his Parliaments, and by it retards Succours for the Support of the War, can mean no less than that his Majesty and his Kingdom should become a Prey to King
James
, and to his Brother of
France
. And they who counsel him to go on where his Predecessor left off, have a mind to see a new Abdication, though they were not for the Old. But what might be said upon this Head, requireth rather an intire Discourse, than to be confined unto a short Remark. And therefore all I shall add is, That as his Majesty must be infallibly lost, without a speedy Change as to some of his Ministers, so he needs not to fear them, if they be but once thrust out of his Councils; seeing all the hurt that they are able to do him, is through their being there. And if he will but own himself, and assert his own Interest, he will have enough of those to stand by him, who have no Interest but what is his.
FINIS
AN ANSWER To the PAPER Delivered by Mr
ASHTON
at his Execution TO
Sir Francis Child
: SHERIFF of
London
, &c. Together with The Paper it self.
LONDON
: Printed for
Robert Clavell
; at the
Peacock
in S.
Paul's
Church-Yard. 1690.
Mr.
Ashton's
Paper
.
Mr. Sheriffe
,
HAVING observed that the Methods of making Speeches at the place of Execution was not alwayes attended with the designed Success; And thinking it better to imploy my last Minutes in Devotion and Holy Communion with my God; I have prepared this Paper to leave in your Hands, as well to assert my Principles as to testifie my Innocency. As to my Religion I professe, by God's Grace, I dye in the Faith into which I was baptized, that of the Church of
England
, in whose Communion (nothing doubting of my Salvation thro the Merits of my Saviour) I have alwayes thought my selfe safe and happy; according to her Principles and late much esteemed Doctrines (tho now unhappily exploded) I have regulated my Life, beleiving my selfe obliged by my Religion to looke upon my rightfull lawfull Prince (whatever his Principles were or his Practises might be) as God's Vicegerent, and accountable (if guilty of Male-administration) to God only, from whom he received his Power, and alwayes beleiving it to be contrary to the Laws of God, the Church, and the Realme, upon any pretence whatsoever to take up Arms against him, and let all the World take notice, in this Beleife I dye. But I have more particu lar Obligation to the King my Master, whom I have
honour to serve, and received many signal Favours from
for sixteen years past, so that Gratitude (a thing not
much
esteemed at this time) as well as Duty and Religion Commanded the utmost Service I could pay him; and when I add these Considerations that we were born his Liege Subjects, that we have solemnly professed our Allegiance, and often confirmed it with Oaths, That his Majesties Usage after the Prince of
Orange's
arrival was very hard, severe, (and if I may so say) Unjust; And that all the new Methods of settling this Nation have hitherto made it more miserable Poor, and more exposed to Foreign Enemies. And the Religion we pretend to be so fond of preserving, now much more than ever likely to be destroyed: There seems to me no way to prevent the Impending evils, and save these Nations from poverty and destruction, but the Calling home our Injured Sovereign, who as a true Father of his Country has (notwithstanding all his Provocations and Injuries) a natural love and tenderness for all his Subjects, and I am so far from repining at the loss of my life, that had I ten thousand I should think my self obliged to sacrifice them all rather than omit any just and honest means to promote so good and necessary a work; and I advise and desire all my fellow Subjects to think of their Duty and return to their Allegiance, before the severe Judgment of God overtake them, for their Perjury and Rebellion, but certainly the good and Interest of these Nations, abstracted from all other Considerations, will ere long convince them of the necessity of doing it.
Having thus frankly declared my Principles, I know the Inference will be, that I have acted accordingly and consequently that am I now justly condemned; but as I ingenuously own the Premisses, so as I positively deny the Consequence; for whatever my Inclinations or Actions have been, yet, as to the Matter I was sentenced to dye for, I declare my self innocent, and will ap peal
to the Judges themselves, whether or no, upon my
, there appeared the least proof that I knew a tittle
contained
in the Papers, but Presumption was, with the Jury, thought sufficient to find me guilty, tho I am told, I am the first Man that ever was condemned for High Treason upon bare Suspicion or Presumption, and that contrary to my L.
Coke's
and other eminent Lawyers Opinions. The knowledg of my own Innocency, as to the Indictment and Charge against me, was that that armed me with so much assurance, and occasioned my casting my Life upon the first Twelve Men of the Pannel, without challenging any. But tho I have, I think, just reason to complain of the severe Charge given by the Judges, and hard measure I have received, not to mention my close Imprisonment, the hasty and violent Proceedings against me, nor the Industry used in the Return of fitting Persons to pass upon me, the denying me a Copy of the Pannel,
&c.
Yet, as I hope for Pardon and Forgiveness at the hands of my God, so do I most heartily pray for, and forgive them, and all my Enemies, all the World, nay even that Judg and Jury-Man who did so signally (contrary to common Justice) expose themselves to destroy me. But let the Will of God be done: I rely wholly upon his Mercy and the Merits of my blessed Saviour for Salvation, I do chearfully and entirely resign my self into his Hands, as into the Hands of a faithful Creator, in sure and certain hopes of a happy Resurrection. Bless, protect, and strengthen, O Lord God, my good and gracious King and Master; in thy due time let the Virtue, Goodness, and Innocency of the Queen, my Mistress, make all her Enemies blush, and silence the wicked and unjust Calumnies that Malice and Envy have raised against her; make her and these Nations happy in the Prince of
Wales
, whom from unanswerable and undoubted Proofs I know to be her Son; restore them all when thou seest fit to their just Rights, and on such a
bottom
as may support and establish the Church of
England
, and once more make her flourishe, notwithstanding the
Wounds
hath received of late from her prevaricating Sons.
Forgive, forgive, O Lord, all my Enemyes, bless all
Friends, comfort and support my deare afflicted Wife, and poor Babes, be thou a Husband and a Father to them; for their sakes only I could have wished to live; but pardon that Wishe, O good God, and take my Soule into thy everlasting Glory.
Amen
.
Jn Ashton
.
The
ANSWER
.
THE Paper which passeth under the Name of Mr.
Aston's
SPEECH seems to me to be composed with too much Art and Care to be the Work of one who professeth, he
thought it better to employ his last minutes in Devotion
: And if he was
so illiterate and unskilled in the Law
, as he said at his Tryal,
Fol.
III. one may justly wonder not only at such Terms as
Impending, Prevaricating, Premisses
, and
Consequence
, &c. but at such a peremptory Judgment as he gives
about the Laws of the Realm
, in a Case that must be acknowledged by all ingenuous men of his own Party to have a great deal of Difficulty in it.
But there are some Men who think to bear down all others by their Confidence, and would have it taken for granted that the whole Nation (themselves excepted) is under the guilt of
Perjury
and
Rebellion
.
These are the modest Terms in this Speech, which at least do not become the Charity of one just going out of the World. Therefore I rather believe it to be drawn up by some Persons of more Art and Leisure; who thought it best to convey their own
Sentiments
(as they call them) under the more popular Name of one who suffered for their Cause.
But the Weight of what is said doth not depend on the Person, and therefore I shall calmly and impartially consider the Things themselves and shew how unjust and unreasonable the Insinuations are which respect the present Government, and all such who act in Obedience to it.
There are two Things this Paper is said to be design'd for,
to assert his Principles
and
to testify his Innocency
. For his
Principles
he
professeth, that he dyes in the Faith and Communion of the
Church of England. And he might have lived longer in both if he had pleased; for I cannot see how the
Faith and Communion of the
Church of
England
obliged him to do that for which he suffered: But, by the
Faith of the
Church of
England
he means the
Doctrine of Passive Obedience
. Be it so: however he suffered not for his
Passive Obedience
, but for the want of it: If he
had regulated his Life by this Principle
, he had preserved it; yet he saith he did so, and dyed for it. There must be certainly then some great Mistake about the
Doctrines and Principles of our Church
. I alwayes thought those are to be found in the
Articles
and
Constitutions
of it. Which of these did he suffer for?
They are, he saith,
her Principles and late much esteemed Doctrines tho now unhappily exploded
.. I know of no
Doctrines
or
Principles of the
Church of
England
which are
exploded
among us; and therefore this is
unhappily
insisted on by a dying Man, unless he had given some Proof of it.
Well; but he believed himself obliged by his Religion to look upon his Rightful, Lawful Prince (whatever
his Principles were or his Practices might be) as God's Vicegerent, and accountable to God only, from whom he received his Power
. All this he might have done, and have been alive still; for the Matter in dispute is not whether
Rightful, Lawful Kings are to be obeyed
, but who in our present Circumstances is our Rightful, Lawful Sovereign; not whether
Kings be not God's Vicegerents
, but whether God doth not sometimes confer the Right of Sovereignty by a
Law superiour
to the
Laws
of
particular Countries
, that is, by the
Law of Nations
, which establisheth such a
Right
upon the success of a just War; not
whether Sovereign Princes are not accountable only to God
, but whether Allegiance be not due where the Rights of Sovereignty are placed, by an
extraordinary Act of Providence
and the
concurrent Consent of the Nation
. But he goes on;
And alwayes believing it to be contrary to the Laws of God, the Church, and the Realm, upon any Pretence whatsoever to take up Arms against him, and let all the World take notice in this Belief I dye
. I had much rather have
taken notice
that in this Belief he lived; for I see no Reason of his dying for it. For, why must a Man be said to die for
not taking up Arms
, who was Condemned to die for a Design just contrary,
viz.
for the subverting the present Government by Domestick Insurrections and Foreign Power?
So that the Question is not about
Passive Obedience
but to whom it is due; I grant that the
Laws of God and of the Realm
are to determine the Measures of our Obedience; but here lies the only Point, whether the Rights of Sovereignty may not be transferred by the success of a just War and the Consent of the People: For if they may, then according to his own Principles he suffered
justly
. And if the Directors of his Conscience did not speak to this Point, they led him into a dangerous Error, and have been too much the Occasion of his suffering.
Therefore to clear this whole Matter, and to prevent the like Mistakes in others; I shall endeavour to state the present Case of our Government, so as to shew both that it is our Duty to submit to it, and that no
Principles or Doctrins of the
Church of
England
are violated thereby.
To do this, we must of necessity look back to the Occasions of this great Revolution: And there were two principal Occasions of it.
First, Great and violent Presumptions of an Injury to the Right of Succession.
Secondly, Too great Evidence of a formed Design to subvert the established Religion and Civil Liberties of the Nation.
Now there are two very material Questions which arise from hence.
First, Whether these were the
just Occasions
of a War?
Secondly, Whether upon the success of this War the
Rights of Sovereignty
were duly transferred?
If these were
just Occasions
of a War, and upon the Success thereof the
Sovereignty
was duly transferred, then there can be no Dispute left to whom our Allegiance is due.
It is taken for granted by all who understand these Matters, that as there is a
Law of Nature
, which determines the Rights and Properties of particular Nations; and that all private Persons are bound to submit to the municipal Laws of those Societies for their Peace and Security: So there are other Laws which concern those
Nations
, as they make up several
independent Governments
upon each other. And there are several Rights which belong to them with respect to one another, which do not belong to private Persons as they live in subjection to any particular Government.
And as there are such Rights, so there must be a just and lawful way for Reparation of Injuries. In particular Governments, the thing is plain by established Laws and Courts of Judicature, whose Sentence is Executed by the Civil Power; but in Separate Nations and Independent Governments, although there be Laws by consent called the
Law of Nations
; yet there is no common Judicature to determine of Right and Wrong, and therefore in case of Injury there is an allowance for the injured Party by this
Law of Nations
to Right himself by Force, as there would be to every particular Person, if there were no Laws nor Power to see them executed.
There is then a Right in every Sovereign and Independent Prince to exercise Force against another Prince, who detains any Right from him, or doth any Injury to him, or to those he is bound to defend.
The Question then comes to the
Just Occasions
of such a War, and here are two assigned,
First, great and violent Presumptions of an Injury to the Right of Succession. This is expresly mentioned and insisted on, in the Declaration of the then Prince of
Orange
(our present King) in these Words
"But to crown all, there are great and violent Presumptions inducing us to believe that those evil Counsellors, in order to the carrying on of their ill designs, and to the gaining to themselves the more time, for the effecting of them, for the encouraging their Complices, and for the discouraging of all good Subjects, hath published that the Queen hath brought forth a Son; tho there have appeared both during the Queen's pretended Bigness and in the manner in which the Birth was managed, so many just and visible grounds of Suspicion, that not only we our selves, but all the good Subjects of these Kingdoms do vehemently suspect that the pretended Prince of
Wales
was not born of the Queen: And it is notoriously known to all the World, that many both doubted of the Queens Bigness, and of the Birth of the Child, and yet there was not any one thing done to satisfie them and to put an end to all Doubts. And since our Dearest and most entirely beloved Consort, the Princess, and likewise we our selves have so great an Interest in this matter, and such a Right as all the World knows to the Succession to the Crown And since the
English
Nation hath ever testified a most particular Affection and Esteem both to our Dearest Consort and to our Selves; We cannot excuse our Selves from espousing their Interests in a matter of such high Consequence, and from contributing all that lies in us, for maintaining both of the Protestant Religion, and of the Laws and Liberties of those Kingdoms, and for the securing to them the continual Enjoyment of all their just Rights.
Here we have an Hereditary Right to the Crown asserted both remoter in Himself and nearer in the Queen, who was unquestionably the next, if there were no Heir Male: It was possible this Right might be really defeated by a Prince of
Wales
, and it was possible it might be pretended to be so when it was not: For there have been many Instances in History of suborned and supposititious Princes, and therefore there was reason that sufficient Evidence should be given in a Case of such Importance and which was under so great Suspicion. But if there was no reasonable care taken to prevent or remove these Suspicions, then the Parties most concerned have a Right to assert their own Pretensions in such a way as the Law of Nations doth allow.
And in this Case no private Depositions or confident Affirmations of such as are Dependents or otherwise liable to Suspicion, can in Reason be taken for satisfactory Evidence; for let any one consider what the
Laws
of
Nations
have thought fitting Evidence in a Case of this Nature, and he will soon find how very much short such proofs are of what the Nature of the Thing hath been thought to require The Civil Law is very strict where there is any occasion of Suspicion.
D. 25. Tit. 4.
"It requires notice to be given twice a Month to the Parties concerned that they may receive full satisfaction, That the Mother is to be kept in a House by itself: That thirty Days before she expects to be delivered, she must give Notice of it to those who are most concerned, that they may send such as they can trust to be present: that there ought to be but one Door where she is to Lie in, and if there be more, they must be done up; that at that Door there are to be Three Men and Three Women and Two Assistants: That all Persons are to be searcht who go in, especially at the Labor, at which time there must be suffici ent Light in the Room. When the Child is born it ought to be first shewn to the Parties concerned, and great care is taken about the Persons in whose Hands he is put, and Satisfaction must be given from time to time that it is the same Child, and if Satisfaction be not given as to these things, the
Roman
Law doth not allow any Right of Possession.
By the Old Common Law of
England
, in case of Suspicion, a Writ of Inspection was allowed, the Form whereof is in the Books, and if there were any doubt, the Woman was to be put into a safe place, where no Suspicious Persons were to come near her till she was delivered.
Bract.
l.2. c.32.
This was then thought so reasonable a thing, that the Old Law Books have a Chapter on purpose
De Partu Supposito
, wherein Directions are given to prevent and discover a Subornation.
Fleta
l.1. c.15.
These things I mention to show what Satisfaction is necessary to be given in case of Suspicion, and the higher the Persons are, and of so much greater Importance as the Succession is, so much clearer ought the Evidence to be, that no occasion of Doubt may remain: But if no such care was taken, If the principal Persons concerned had not the least Satisfaction given them; If the whole thing were managed with Secrecy and suspicious Circumstances, then I can see no Reason to exclude those who are most concern'd from a Right of demanding Satisfaction by Force of Arms.
But Mr.
Ashton
thinks he hath cleared this matter, when he affirms that he
knows
there was no Supposititious Birth
by unanswerable undoubted Proofs
and this is put into his Prayer, that it might look like an appeal to God as to the Truth of what he said. This is one of the boldest and most artificial Strokes of the Penner of this Speech, not barely to make him affirm it with so much assurance, but to do it in his Prayer too. But a matter of so great Consequence is not to be determined upon the Testimony of any single Wittness, although he were the most competent Witness as to such a matter, which doth not in the least appear as to Mr.
Ashton
: For how could he know it by
unanswerable and undoubted Proofs
; when considering the Circumstances that were in this Case, it was hardly possible to produce such
Proofs
, as would pass for unexceptionable Evidence upon a Legal Trial? For there hath been such a Trial here in
England
within the Memory of Man, wherein the Father and Mother and Midwife have all sworn to the Truth of the Birth of a Son, and yet the Jury upon hearing the whole Evidence have given Judgment that it was Supposititious.
In the Case of one
Robin's
Child, at
Hereford Assizes
about
An.
1668.
Therefore bare Affirmations of some Persons concerned are not Evidence sufficient in Case of strong and vehement Presumptions to the contrary; and such Evidence ought to have been given as might have either prevented or removed any just grounds of Suspicion.
But since no such
unanswerable undoubted Proofs
were made to those who were most concerned, the same just Right doth remain to the
undoubted
Heir of the Crown, as it did in the former Case to the next Heir at Law, who upon a fair Trial and the Verdict of the Country, recovered the Estate. But between Princes there are no such ways of Trial or Courts of Judicature, and therefore in such Cases the Right of War is allowed by the general Consent of Mankind.
Secondly, There was a further just Occasion for that Expedition, which was the Design to subvert our Religion and Civil Liberties. As to the Particulars they are fully set down in the Declaration, and need not to be repeated; that which I am to make out is, that the then Prince of
Orange
by his Relation to the Crown had a just Right to concern himself in the Vindication of both, and that this is not repugnant to the Doctrines and Principles of the Church of
England
.
It was not thought disagreeable to them for Q
Elisabeth
to assist the
Dutch
against the King of
Spain
; yet she had no such reason for it as our King and Queen had to prevent the suppression of their own Religion here, and the Rights of that People to whom they were so nearly related. For there was nothing in her Case so considerable as the growing Power of
Spain
and the danger of overturning the Religious and Civil Liberties of a neighbour-People.
Alberic. Gent.
de Jure Bel.
l.1. c.16.
The Queens Professor of Law in
Oxford
at that time saith, that it was then made a Question by some whether Q.
Elis.
had just Reason for that War in assistance of the
Dutch
, and he resolves the Lawfulness of it upon 3 Grounds: First, That it was to prevent ensuing Mischief; Secondly, From the ancient Alliance between the two Nations; Thirdly, That if the
Dutch
were totally vanquished by the
Spaniard
, they would be made Slaves under an Arbitrary Power. The Queen herself owned this as the Ground of her Resolution,
That it was Christian Piety to relieve them who were of the same Religion which she professed, and Wisdom to prevent the pernicious designs of her Enemies
. And in her Declaration she published this as the Reason of her sending Forces to the Aid of the
Netherlanders, That they might peaceably enjoy their ancient Freedom
.
In the latter end of the Reign of King
James
I. the War broke out in
Germany
wherein the Emperor used his utmost endeavour to establish
absolute Power and Popery
together. There was occasion offered to try whether the giving Assistance against these were against the
Principles
and
Doctrines
of the
Church of England
. For the Prince Elector
Palatine
was chosen King of
Bohemia
, and sent over for King
James's
Advice about it: But his Designs lay then so much another way, that he had no mind he should engage in it: But the Archbishop of
Canterbury
in his Letter to Sir R.
Naunton
then Secretary of State, saith,
That God had set up this Prince his Masters Son in Law, as a Mark of Honour throughout all Christendom, to propagate the Gospel and to protect the oppressed; that for his own part he dares not but give Advice to follow where God leads, apprehending the Work of God in this and that of
Hungary;
that he was satisfied in Conscience that the
Bohemians
had a just Cause; that the King's Daughter the Elector's Lady had professed, she would not leave herself one Jewel, rather than not maintain so Religious and so Righteous a Cause.
In the beginning of the Reign of King
Charles
the First, when I suppose it will be granted, That the Doctrins and Principles of the
Church
of
England
were understood and followed; the King of
Denmark
had taken up Arms,
to settle the Peace and liberty of Germany
, as he declared: But he met with a great Defeat. Whereupon King
Charles
the First thought himself concerned to give Assistance to him: And Archbishop
Laud
was then employed (as Dr.
Heylin
confesseth) by the King's Command, to draw up a
Declaration
, to be published in all the Parishes of
England
; which was read by the King, and approved by the Council, wherein the
Greatness of the Danger they were in is set forth, and the People are exhorted to serve God and the King, and to labour by their Prayers to divert the Danger
.
Life of Archbishop
Laud
, fol. 161.
Wherein lay this Danger? It is there said to be,
That by the Defeat of the King of
Denmark,
there was little or nothing left to hinder the House of
Austria
from being Lord and Master of
Germany. And what then? Why then
there will be an open way for
Spain
to do what they pleased in all the West part of Christendom
. It seems then, it was not thought disagreeable to the Principles and Doctrins of our Church, to hinder the growth of a Western Monarchy, although it be by assisting Subjects against their Princes who promote it; And then follow these remarkable Words;
"You are to know therefore, that to prevent this is the present Care of the King and State; and there is no probable way left, but by sending of Forces, and other Supplies, to the said King of
Denmark
, to enable him to keep the Field, that our Enemies be not Masters of all on a sudden.
And not long after
"If he be not presently relieved, the Cause of Religion is not only like to suffer by it in some one part, (as it hath already in a fearful manner in the
Palatinate
) but in all places where it hath got any footing. So that if we supply not presently our Allies and Confederates in this case, it is like to prove the Extirpation of true Religion, and the Replanting of
Romish Superstition
in the Neighbouring parts of Christendom. And the Coldness of the State shall suffer in all places, as the Betrayers of that Religion elsewhere, which it professeth and honoureth at home; which will be an Imputation never to be washed off: And God forbid this State should suffer under it.
And in the last place;
"You are to call upon God your selves, and to incite the People to joyn with you, in humble and hearty Prayers unto God, That he will be pleased now, after long Affliction of his dear People and Children, to look in mercy both upon them and us; and in particular for the Safety of the King of
Denmark
, and that Army which is left him, That God would bless and prosper him against his and our Enemies.
Thus far Archbishop
Laud
.
Let those who now with as much Ignorance as Confidence, upbraid Men with Renouncing the
Doctrins and Principles of the Church of England
, read and consider these Passages; and if any thing will make them more wise and humble, this will. Did Archbishop
Laud
go off from the Church of
England
, or King
Charles
the First, who both suffered for the sake of it? But some Men have never throughly penetrated into the
Doctrins and Principles
of our Church, but look only on some Principles in opposition to the late Times of Rebellion, and think there is nothing farther to be looked after. Whereas the Consideration is very different as to our Duties, with respect to our own Princes, and those of a more general Concernment as to the state of Religion and Government in the World. But from hence it is plain, that it was then thought not only Lawful, but a Duty, to prevent the dangerous growth of such a Monarchy, which designs to suppress Religion and Civil Liberties; and not only to give Assistance to those who joyn in the same Design, but to pray God to bless and prosper it. And accordingly a Form of Prayer was then Appointed for those Dangerous Times.
Not long after this a Breach with
France
hapned, and the King Published a Declaration of the ground of the War; wherein it is laid down as the first Gound,
"That the House of
Austria
Conspiring the Ruin of all those of the Reformed Religion (as plainly appeared in the Affairs of
Germany
) had such an Influence on the Councils of
France
, as to make them break Promise in such a manner, as hazarded the loss of the whole Party in
Germany
. The next is,
"That he had broke his Articles with his
Protestant Subjects
, when he had been a Mediator of Peace between them, and they had done nothing to violate them.
So that a Design to suppress the
Protestant Religion
, in a
Neighbour Country
, was looked on as a just Cause of War, when he was concerned to preserve it. And then another Form of Prayer was Appointed to be used suitable to that Occasion; which plainly evidence, That such a Design was no ways thought repugnant to the
Doctrins and Principles of the Church of
England.
But since the
French Conduct
seems to be now admired by this sort of Men, I shall bring some remarkable Instances from them.
It is Notorious to the World what Powerful Assistance the
French
gave to the Confederate Pinces of
Germany
, against the Emperour, their Lawful Prince, and what Defence they made for this. They Published an Account to the World of the Reasons of it, and the Chief was this;
viz.
"That they had Reason to suspect, that from
Charles
the Fifth's Time the difference of Religions had been secretly supported by the Emperours, in order to their making themselves Absolute; and that the Changing the Form of Government in the Empire, was sufficient for a Neighbour Prince to interpose by force of Arms.
Motifs de la
France
pour la guerre d'
Allemagne
, p. 94,95,117.
In the Revolt of
Catalonia
from the
King
of
Spain
, their Lawful Prince, the French King accepted of the Sovereignty over them, being offered him by the States of that Country, and caused Discourses to be written in Justification of their Transferring their Allegeance: And yet their Complaint was nothing but the Severity of the
Spanish
Government, and a desire of some greater Liberties than they enjoyed under it. Why then should it be now thought an Unjust thing, for a Sovereign Prince (so nearly related to the Crown of
England
) to espouse the Cause of our Religious and Civil Interests, when the Design was so apparent for the Suppressing them? If that Opportunity had been lost, they might before this time have been past all reasonable hopes of Recovery.
II. But suppose this were allowed; yet here is another Difficulty ariseth, concerning the transferring Allegeance from a Lawful Prince, to him that met with unexpected Success in his Design.
And here I shall endeavour to make it plain, That this is not against the
Doctrins and Principles of the Church of England
. If we allow the Church of
England
, to have declared its Sense in the Matter of Government, it can only be with respect to
Subjects
. But I think the Measures of our Obedience, are not to be taken from the Rules of the Church; but from the
Laws of the Realm
: Because they are not the same in all Countries where the same Religion is Professed; as is plain in the Case of
France
and
Poland
: The Reason of the different
Measures
in these Countries is not from the Church, but from the different Constitution of the Kingdoms.
And I do not see how the Rules of the Church can alter the Fundamental Laws: For the Church only enforceth the Duty of Obedience on the Consciences of Men; but it doth not prescribe or limit the Bounds of it.
Whether our Monarchy be
Absolute
, or
Limited
: or if
Limited
, whether in its
Exercise
of
Power
, or in the
Right
of
Sovereigny
; how far the Limitation gives a Right of Resistance, in case of the Breach of it; are nice Questions, but not to be Resolv'd by the Rules of the Church; but by our Legal Constitution and the General Reason of Mankind: And therefore in such Cases,
where
the Right of War and a Foreign Power are concerned, we are not to judge meerly by Municipal Laws, but we are to proceed by a more General
Law, viz.
that of
Nations
, which takes in the Effects of a just War, which the particular
Laws
of a Country have no regard to.
But where hath the
Church
of
England
declared its sense about the
Right of War
? The
Articles
of our Church declare,
that the chief Government of all Estates of this Realm, doth appertain to the Civil Magistrate
: But they no where say, that in a just War the Supream Power cannot be acquired; or that God doth never confer it in an extraordinary method.
The Book of
Homilies
is very severe against
Disobedience
and
wilful Rebellion
; but it is no where said, that where the Right of Sovereignty is transferred by a successful War, there is no Allegeance due to those who possess it: On "the contrary it is said in the first Part, That If God for their wickedness, had given them an Heathen Tyrant to Reign over them, they were by God's Word bound to obey him, and to pray for him.
"
Can it then be agreeable to the
Doctrins
and
Principles of our Church
, to refuse Allegeance to good Religious Princes, whom God hath made the happy Instruments of preserving our Religion and Liberties?
In the same Part,
The Jews are commended for praying for the King of Babylon, when they were in Captivity, that they might live under his Protection, and do him Service, and find Favour in his sight
. And what is this short of Allegeance to one, who had nothing but bare Success in War, to plead for his Title to it? If any Princes of their own Religion had rescued them from that Captivity, would they have scrupled Allegeance to them, when we see how far the
Maccabees
went in the Defence of their Religion and Laws?
In the Second Part, the obedience of the
Jewish Nation
to
Augustus
is commended; and it is evident that he had no Authority over them, but by the Right of War. And our Blessed Saviour's example is mentioned,
who being brought before the Roman President, acknowledged his Power and Authority, to be given him from God
. And how was this Authority conveyed to him, but by the success of War?
So that we can find nothing, in the certain established
Doctrin and Principles of our Church
, which is repugnant to our Allegeance to the present Government. I might easily produce considerable Testimonies, of some of the greatest Divines of our Church, which assert, that
Sovereignty
may be transferred by a just War; but I leave that to others, and proceed.
Mr Ashton saith,
That we were born leige Subjects to another; that we have solemnly professed our Allegeance, and often confirmed it with Oaths
. I know no body denies it. But is this all? Is our Allegeance so
inseparable
from the Person we have once sworn to, that no Case whatsoever, can alter it? Not the Case of plain voluntary Dereliction? Not the Case of putting the Kingdom under a Foreign Power? Not the seeking the utter Ruin and Destruction of the People? Is Allegeance inseparable in these Cases, because we were Born Subjects and did swear Allegeance? If not, then it is not always so, notwithstanding the Oaths. For these and several others are allowed, by such who have written the most warmly against the republican Principles. But we need not run to any difficult Cases: Ours is only the case of a just War: which is allowed by all sorts of
Casuists
, who do agree, that Allegeance is due to the Party that prevails in it; and if it be due to one, it cannot be due to another, at the same time, altho' he be living and do not discharge Persons from their Oaths; for the obligation of Oaths, depends on the nature and Reason of things, and not upon the Pleasure of those to whom they are made. But where there is a Right to govern, there must be a Duty of Allegeance: And that Success in a just War, doth give such a Right, I could produce so many Testimonies, of all kinds of Writers, as would make the Reading of them as tedious, as of those in the History of
Passive Obedience
. Nay, some go so far, as to assert a Right of Sovereignty to be acquired by success, even in an
Unjust War
: But we need none of these Testimonies.
But doth not all this resolve this whole Controversy into a Right of Conquest, which is not so much as pretended in our present Case
.
I Answer, That we must distinguish between a
Right to the Government
, and the
Manner of Assuming it
. The
Right
was founded on the
Just Causes
of the War, and the success in it: But the assuming of it was not by any ways of force or violence, but by a Free
Consent
of the
People
, who by a
voluntary Recognition
, and their Majesties acceptance of the Government, as it is setled by our Laws, take away any pretence to a Conquest over the People, or a Government by Force.
Thus I have endeavoured to set this matter in as clear a light, and in as little a compass as I could: I now return to Mr.
Ashton's
Speech.
Next to his Obligation on the Point of Religion, he mentions that of
Gratitude
to the King his Master, whom he had served 16 years, But this, he adds, is a thing not much esteemed at this time
. As little as it is esteemed,
I know no body would have blamed his
Gratitude
, if it had not carried him beyond the bounds of his
Duty
. But it is strange, he should be so much for
Gratitude
, and yet should allow none for so
great a Deliverance
. What is 16 years service to the Preservation of a Nation, from the imminent danger of
Popery
and
Arbitrary Power
? Such men look but a very little way, who talk at this rate: And can they imagine a
French Power
, under our Circumstances, could secure any thing to us, but Ruin?
As to his
Master's usage
, which he saith,
after the Prince of
Orange's
Arrival, was very hard, severe; and, if he may say it, unjust
. I would desire his Friends to consider a little better, and to think, if any such thing as Severity had been intended, how easy it had been to have Executed it, and to have prevented his going away; and consequently, a great deal of the charge of the War, he complains of immediately after. Let them name any one Person in such Circumstances, who was allowed so great freedom as he had, of disposing of himself: But this is very far for Mr.
Ashton's
occasion of Suffering.
Well,
But all the new Methods of Setling, have hitherto
, he saith,
made the Nation more miserable, poor, and exposed to Foreign Enemies
. It is possible such may believe, that the Nation would be less
miserable
and
poor
under the
French Power
, than it is now. But no man who observes the vast designs of
France
, and the incredible industry of the
French Monarch
, to inlarge his own Power and Dominions, can think (if he thinks twice) that ever he should undertake so great a Work, out of kindness to any but himself; much less, out of perfect good will to the
English Nation
. Hath he given so much evidence to the World of his
Sincerity
in his Promises, when the keeping of them hath been prejudicial to his Interest? Suppose he should compass his end upon us, and under so fair a Colour, make Provinces of these Kingdoms; what possible remedy would there be for this, then indeed,
poor and miserable Nation
? What comfort will it then be to say,
they did not think he would have broken his word so with them
? In the mean time, Is it not great
Wisdom
and
Policy
, to venture our Religion, and all our Liberties on the sincerity and kindness of
France
? But if there be any present hardship, it is no more than a necessary War involves our Neighbours in as well as our selves; and that in a common Cause, for preserving the Liberty of
Europe
, against the growing Power of
France
, as it did formerly of
Spain
.
But there is another Insinuation of a higher nature, viz.
that the Religion we pretend to be so fond of preserving, is now much more than ever, likely to be destroyed
. What is the meaning of this? What! More in danger than when Penal Laws and Tests were taking away in order to the taking away our Religion after them? When the design was as plain, and open as a thing of that nature could be, in such a Nation? When some of the Factors themselves complained, they made too much haste and were too eager and forward to accomplish it. And altho' nothing was then pretended but the setling
Liberty of Conscience
upon a new
Magna Charta
, yet all wise Men saw through these pretences, and that nothing was really designed but Popery; which the Jesuits did not conceal in their Letters to each other: One of the which hapned to be intercepted; and the thing it self, is now fully owned in the Kings own Letter to the Pope, printed at the end of the late Trials. So that there must be a design, either to deceive the Pope, or the Nation; and which is the more probable, let any man of sense judge.
But where lies the danger of our Religion now? Have we not the same Laws, the same Protection, the same Encouragement, which we ever had, at any time since the Reformation? If our Religion be now in danger, it is by such men who would bring in the
French Power
to establish it; however it be disguised under another Pretext.
After this follows a Charge of no less than
Perjury
and
Rebellion
, upon his Fellow Subjects;
whom
, he adviseth
to return to their Allegeance, before the Judgments of God overtake them for their Per jury and Rebellion
. This is a heavy Charge indeed, upon the Body of the Nation, which hath taken the Oaths of Allegeance to their Majesties: But if it be true, it is accusing the greatest part of mankind of these Sins, who have hapned to live in the time of any great Revolutions, or changes of Government. Was the Nation
Forsworn
, in the times of
William
the Conqueror, and his two Sons, and his Nephew? Was it
Forsworn
all the time of King
John
, and the several Reigns of the 4th, 5th, 6th and 7th
Henries
? One would think it better became a dying man to judge more charitably of his Fellow Subjects. Had he never heard of the Law of
England
, requiring Allegeance to the King, on account of the Possession of the Crown; and that our most eminent Lawyers, in peaceable and quiet Times, have been of that Opinion? Methinks at least, that should make modest men, not so peremptory in such a Charge; for it is to make, such an Oath unlawful, which the Law makes not only lawful, but a Duty. And when the greatest Lawyers this Nation hath had thought this a part of our Law; shall such who confess themselves
unskilful in the Law
, charge the Nation with Perjury, for taking an Oath, which the Law requires?
But if our Law did not require it, there is such a general consent in mankind about it, that it seems to me, to be a
Law of Nations
, That an Oath of Fidelity should follow Possession; because otherwise, there would be infinite snares to the Consciences of all such who are required to obey, but are not bound to enquire into the
Rights
of
War
.
Is it Perjury and Rebellion in the new
French
Conquests, for the Inhabitants to take Oaths of Fidelity to the
French
King? If not, how comes it to be so here? Is there not the same
Right
of
War
here as abroad?
Was it
Perjury
and
Rebellion
in the Subjects of the King of
Spain
in
Portugal
, to take a new
Oath
of
Allegeance
to the Duke of
Braganza
, when he was declared
King
? And yet they were all sworn before, not only to the
King
of
Spain
, but
to his Heirs
: And even the Duke himself, had not only taken this Oath; but the
Spaniard
particularly charged him with
Perjury
, and great
Ingratitude
: Yet the obligation to his Countries good was then thought to overrule that Personal Obligation to the King of
Spain
.
But if they were all guilty of
Perjury
and
Rebellion
; how came the other Princes of
Europe
so frankly and readily to own his Government; and the
French
, as much and as early as any, sending Assistance by Sea and Land to support it? But in this Revolution of
Portugal
, the best Title was the Success of War, founded on a remote Title to the Crown, when the King of
Spain
had enjoyed the Possession of that Crown to the Third Generation.
But it may be said,
That the Practices of other People are to be no Rule to us; and that we are not to be guided by bad Precedents abroad, but by the Principles and Doctrins of our own Church
. This were to the purpose, if our Church had any where declared, Taking such an Oath to be
Perjury
. But where is that done? I confess, I can find no such thing: And if Mr.
Ashton
(or his Friends) had made such a Discovery, they ought to have told the World of it. But if there be no such
Declaration
to be met with, then we are left to the General Rules of Conscience, and the Common Reason of Mankind; according to which, I see no ground for this heavy Charge of
Perjury
and
Rebellion
in our present Case.
But although Mr.
Ashton
be so abundantly satisfied in the Design he mentions,
that if he had ten thousand Lives, he would sacrifice them all in so good and necessary a Work
; yet the Remainder of his Speech is spent in clearing his Innocency, as to the Fact for which he was Condemned. If it was so Meritorious an Act to Die in such a Cause, a Man might have been tempted to be thought Guilty.
But before he could think fit to Die in Charity with all the World, he saith several things with a Design to blacken the
Judges
, the
Jury
, and the
Government
.
The
Judges
he Accuses of a
Severe Charge
, and
the Hard Measure he received
.
As to the latter, it is a very odd kind of
Hard Measure
, when he was so very little sensible of it then, that he said,
He did not Complain of the Court
, fo. 112. and more fully afterwards, fo. 115.
I cannot but own I have had a fair Trial for my Life
. Where was the Hard Measure then? Therefore this could not be Mr.
Ashton's
Sense, unless he would contradict himself; and those who would free him from it, must take these Words to have been written by others, who thought to serve another End by it; and were not so near giving an Account for such Calumnies.
The severity of the Charge lay in applying the Statute 25
Edw.
3. to his Fact. Which was a
Design to carry into France a Treasonable Scheme and Project of an Invasion, in order to the deposing the King and Queen
. This last the Judges declared,
had been always held to be High Treason
. All the Question was then, Whether such a Fact were an
Overt-Act
of such a Design; and so it was left to the Jury, whether Mr.
Ashton
intended to go over with such a Design or not. If there be any Severity here, it must be in the Law; and that all those who suffer by a Law, are apt to complain of.
He particularly chargeth
that Judge
, and
that Jury-man, who did
, he saith
signally contrary to common Justice, expose themselves to destroy him
. This is a very hard Charge from a Dying man, and ought to have great Evidence to reconcile it to
common Charity
; but he offers none. The
Jury
were to Act according to their Consciences; and if they did so, how could they
expose themselves contrary to common Justice to destroy him
? But what Evidence doth he give, that they did not so? Some have told him,
that he was the first man that was ever Condemned for High Treason, upon bare suspicion or Presumpti on, and that contrary to my Lord
Cook
and other Eminent Lawyers Opinions
.
The main point as to the
Jury
, was, Whether they were satisfied in their Consciences, that Mr.
Ashton
intended to go into
France
with such a Design? And where the Fact lies in the
Intention
, there can be no direct Evidence (without seeing the Heart;) but it must be gathered from a Concurrence of Circumstances, strong enough to determine an honest mans Judgment: And such the
Jury
believed to be in his Case.
My Lord Cooks
words are on the Case of Treason,
That the Compassing, Intent or Imagination, thô secret, is to be tried by the Peers, and to be discovered by Circumstances precedent, concomitant and subsequent, with all endeavour evermore for the safety of the King
.
It is true, he saith afterwards,
Fol.
12.
That conjectural Presumptions, or Inferences, or strains of Wit, are not sufficient
, but there must be
good and manifest Proof
; but still this Proof must be such as the thing will bear; for there can be no
direct and plain proof
of a secret Intention: Either therefore no man can be justly Condemned for a secret Intention, manifested by an
Overt-Act
, or there must be such a Proof allowed, as is sufficient to satisfie a mans Conscience, although it come not up to plain and direct Evidence, as it is opposed to the highest degree of Presumption.
But it may be said,
that the Presumption lies in judging the Intention from the
Overt-Act,
but that
Overt-Act
must be manifestly proved
. The
Overt-Act
in this case was the
carrying over Treasonable Papers into
France,
in order to an Invasion
. The sole Question then was, Whether there was
manifest proof
as to these Papers. That the Papers were found about him was manifestly proved; and he owns
Fol.
110.
that they were unfortunately found upon him
; but he saith
that he knew not the Importance of them
. It was manifestly proved, that he had an extraordinary Concernment to have these Papers thrown Over-board; which he saith
was perfectly out of Friendship
, and whether that was a true Answer, was left to the Consciences of the
Jury
, who were to judge of this by all the
Circumstances antecedent, concomitant and subsequent
, by which they did conclude him Guilty. And I cannot see how they went against
Common Justice
therein; especially since Mr.
Ashton
well knew, that one of the most material Papers taken, was of his own
Hand writing
; not the first Draught, but the Copy which was shewed him in the Court; and when it was so, he desired,
Fol.
106.
that the Original may be read, and not the Copy
; and he had good reason for it: For as far as I can judge, upon perusal of both, it is the very same Hand in which this Speech was written. But what said Mr.
Ashton
to the
Jury
, to clear this matter? He saith,
Fol.
129
That his hand was not proved to any of the Papers, and therefore there was nothing but supposition or suspicion against him
. It is true, there was no direct and plain proof of the Hand, as there was in the case of my
Lord Preston
; (and it is a wonder it was omitted, for that would have been plain proof of his
knowing what was in those Papers
:) However, all the other Circumstances put together, were a sufficient proof of his Privity to the Contents of them.
And I wonder how Mr.
Ashton
, could so confidently in his Paper
declare himself Innocent, as to the matter for which he was Sentenced to Die
, when he knew the Paper was of his own Hand writing, and plain proof hath been since made of his own delivery of it to a third Person. Can a man be Innocent and Guilty of the same thing?
The only thing to be taken notice of, which remains, is, a Reflection on the Government for his
Close Imprisonment, and the hasty and violent Proceedings against him
. If there were any thing more than usual in such cases, as to his
Imprisonment
, he ought to have mentioned the particulars; for otherwise it is to Arraign the
Common Justice
of the Nation. As to the
hasty and violent Proceedings
of his Trial; it was then told him, That the greatest Advantage he had, was in putting off his Trial: For by that he knew how
to lay the Papers on my Lord
Preston; which yet could not clear him, as to those Papers which were not written with my Lord's Hand, nor related any ways to him; but one of them was Written with his own Hand.
Upon the whole Matter, I cannot see how he hath either
Proved his Innocency
, or that he acted according to the
Principles and Doctrins of the Church of
England.
As to his Concluding Prayer, I cannot but observe, That in the Beginning of the Speech, the Reason he gives why he
would not make any to the People
, was,
because he would employ his last Minutes in Devotion and holy Communion with God
: Which I hope he did. But those who contrived the Speech, were to make a Prayer for him too; but not a
Prayer
of
Devotion
, but rather of
Faction
and
Sedition
: For it hath no other meaning, than that God would overturn this Present Government, and restore the Former, in order to the
Flourishing of the Church of
England;
notwithstanding the Wounds she hath received from her Prevaricating Sons
.
I cannot imagine how a Man could joyn these things together in a Prayer, unless he could think all those are
Prevaricating Sons
, who are against Popery. For I know no Bottom large enough for
Popery
, and the
Church of England
, to stand upon together.
But this I do not think of Mr.
Ashton
, and therefore Conclude, as I began, That this seems rather the Speech of a Party, than of Mr.
Ashton
; who made use of his Name and Hand, to convey into the Minds of the People, the most malicious Insinuations against this Present Government, and all who live in Obedience to it.
THE Lord
Beilhaven's
Speech IN THE
Scotch
PARLIAMENT,
Saturday
the Second of
November
, ON THE Subject-matter of an
Union
Betwixt the two Kingdoms of
Scotland
and
England
.
Printed in the Year 1706. (Price Two-pence.)
My Lord Chancellor
,
WHEN I consider this Affair of an UNION betwixt the Two Nations, as it is express'd in the several Articles thereof, and now the Subject of our Deliberation at this time; I find my Mind crowded with variety of very melancholy Thoughts, and I think it my Duty to disburden my self of some of them, by laying them before, and exposing them to the serious Consideration of this Honourable House.
I think, I see
a Free and Independent Kingdom
delivering up That, which all the World hath been fighting for, since the days of
Nimrod
; yea, that for which most of all the Empires, Kingdoms, States, Principalities and Dukedoms of
Europe
, are at this very time engaged in the most Bloody and Cruel Wars that ever were;
to wit
, A Power to manage their own Affairs by themselves, without the Assistance and Counsel of any other.
I think, I see
a National Church
, founded upon a Rock, secured by a
Claim of Right
, hedged and fenced about by the strictest and pointed'st Legal Sanction that Sovereignty could contrive, voluntarily descending into a Plain, upon an equal level with
Jews, Papists, Socinians, Arminians, Anabaptists
, and other Sectaries,
&c.
I think I see
the Noble and Honourable Peerage of Scotland
, whose valiant Predecessors led Armies against their Enemies upon their own proper Charges and Expences, now divested of their Followers and Vassalages, and put upon such an equal Foot with their Vassals, that I think I see a petty
English
Exciseman receive more Homage and Respect, than what was paid formerly to their
quondam Mackallamors
.
I think I see
the present Peers of Scotland
, whose Noble Ancestors conquered Provinces, over-run Countries, reduc'd and subjected Towns and fortify'd Places, exacted Tribute through the greatest part of
England
, now walking in the Court of Requests like so many
English
Attornies, laying aside their walking Swords when in Company with the
English
Peers, lest their Self-defence should be found Murder.
I think I see
the Honourable Estate of Barons
, the bold Asserters of the Nations Rights and Liberties in the worst of Times, now setting a Watch upon their Lips, and a Guard upon their Tongues, lest they be found guilty of
Scandalum Magnatum
.
I think I see the
Royal State of Burrows
walking their desolate Streets, hanging down their Heads under Disappointments; wormed out of all the Branches of their old Trade, uncertain what hand to turn to, necessitate to become 'Prentices to their unkind Neighbours; and yet after all, finding their Trade so fortified by Companies, and secured by Prescriptions, that they despair of any Success therein.
I think I see
our Learned Judges
laying aside their Practiques and Decisions, studying the Common Law of
England
, gravelled with Certioraries,
Nisi prius's
, Writs of Error, Verdicts
indovar, Ejectione firmae
, Injunctions, Demurrs,
&c.
and frighted with Appeals and Avocations, because of the new Regulations and Rectifications they may meet with.
I think I see the
Valiant and Gallant Soldiery
either sent to learn the Plantation-Trade abroad; or at home petitioning for a small Subsistance, as the Reward of their Honourable Exploits, while their old Corps are broken, the common Soldiers left to beg, and the youngest
English
Corps kept standing.
I think I see
the Honest Industrious Tradesman
loaded with new Taxes, and Impositions, disappointed of the Equivalents, drinking Water in place of Ale, eating his saltless Pottage, petitioning for Encouragement to his Manufacturies, and answered by counter Petitions.
In short, I think I see
the Laborious Ploughman
, with his Corn spoiling upon his Hands, for want of Sale, cursing the day of his Birth, dreading the Expence of his Burial, and uncertain whether to marry or do worse.
I think I see the incurable Difficulties of the
LandedMen
, fettered under the Golden Chain of Equivalents, their pretty Daughters petitioning for want of Husbands, and their Sons for want of Employments.
I think I see
our Mariners
delivering up their Ships to their
Dutch
Partners; and what through Presses and Necessity, earning their Bread as Underlings in the Royal
English
Navy.
But above all,
my Lord
, I think I see
our Ancient Mother
CALEDONIA, like
Cæsar
, sitting in the midst of our Se nate, rufully looking round about her, covering her self with her Royal Garment, attending the Fatal Blow, and breathing out her last with a
Et tu quoque mi fili
.
Are not these,
My Lord
, very afflicting Thoughts? And yet they are but the least part suggested to me by these dishonourable Articles; should not the Consideration of these things vivifie these
dry Bones
of ours? Should not the Memory of our Noble Predecessors
Valour and Constancy
rouse up our drooping Spirits? Are our Noble Predecessors Souls got so far into the
English Cabbage-Stock and Colliflowers
, that we should shew the least Inclination that way? Are our Eyes so Blinded? Are our Ears so Deafned? Are our Hearts so Hardned? Are our Tongues so Faltered? Are our Hands so Fettered, that in this our day, I say,
My Lord, That in this our day, we should not mind the things that concern the very Being and Well-being of our Ancient Kingdom, before the day be hid from our Eyes
.
No,
my Lord
, GOD
forbid; Man's Extremity is
GOD's
Opportunity: He is a present Help in time of need, and a Deliverer, and that right early
. Some unforeseen Providence will fall out, that may cast the Balance; some
Joseph
or other will say,
Why do ye strive together, since you are Brethren
? None can destroy
Scotland
, save
Scotland's
self; hold your Hands from the Pen, you are secure. Some
Juda
or other will say,
Let not our Hands be upon the Lad, he is our Brother
. There will be a
JEHOVAH-JIREH
, and
some Ram will be caught in the Thicket
, when the bloody Knife is at our Mothers Throat: Let us up then,
my Lord
, and let our Noble Patriots behave themselves like Men, and we know not how soon a Blessing may come.
My Lord
, I wish from my Heart, that this my Vision prove not as true, as my Reasons for it are probable; I design not at this time to enter into the Merits of any one particular Article; I intend this Discourse, as an Introduction to what I may afterwards say upon the whole Debate, as it falls in before this Honourable House; and therefore, in the farther Prosecution of what I have to say, I shall insist upon some few Particulars, very necessary to be understood, before we enter unto the Detail of so important a Matter.
I shall therefore, in the
first place
, endeavour to encourage a free and full Deliberation, without Animosities and Heats; In the
next place
, I shall endeavour to make an Enquiry into the Nature and Source of the Unnatural and Dangerous Divisions that are now on foot within this Isle, with some Motives shewing, that it is our Interest to lay them aside at this time: Then I shall enquire into the Reasons which have induced the two Nations to enter into a Treaty of Union at this time, with some Considerations and Meditations, with Relation to the Behaviour of the Lords Commissioners of the two Kingdoms, in the Management of this great Concern. And lastly, I shall propose a Method, by which we shall most distinctly, and without Confusion, go through the several Articles of this Treaty, without unnecessary Repetitions or loss of time. And all this with all Deference, and under the Correction of this Honourable House.
My Lord Chancellor
, the greatest Honour that was done unto a
Roman
, was to allow him the Glory of a Triumph; the greatest and most dishonourable Punishment, was that of
Paricide
: He that was guilty of
Paricide
, was beaten with Rods upon his naked Body, till the Blood gush'd out of all the Veins of his Body; then he was sow'd up in a Leathern Sack, call'd a
Culeus
, with a Cock, a Viper, and an Ape, and thrown headlong into the Sea.
My Lord, Patricide
is a greater Crime than
Paricide
, all the World over.
In a Triumph,
my Lord
, when the Conqueror was riding in his Triumphal Chariot, crowned with Lawrels, adorned with Trophies, and applauded with Huzza's, there was a
Monitor
appointed to stand behind him, to warn him, Not to be high-minded, nor puffed up with overweening Thoughts of himself; and to his Chariot were tied a Whip and a Bell, to mind him; That for all his Glory and Grandeur, he was accountable to the People for his Administration, and would be punished as other Men, if found guilty.
The greatest Honour amongst us,
my Lord
, is to represent the Sovereign's Sacred Person in Parliament; and in one particular it appears to be greater than that of a Triumph; because the whole Legislative Power seems to be wholly intrusted with him: If he give the Royal Assent to an Act of the Estates, it becomes a Law obligatory upon the Subject, tho' contrary or without any Instructions from the Sovereign: If he refuse the Royal Assent to a Vote in Parliament, it cannot be a Law, tho' he has the Sovereign's particular and positive Instructions for it.
His Grace the Duke of
Queensberry
, who now represents Her Majesty in this Session of Parliament, hath had the Honour of that Great Trust, as often, if not more than any
Scots
Man ever had: He hath been the Favourite of two Successive Sovereigns; and I cannot but commend his Constancy and Perseverance, that notwithstanding his former Difficulties and unsuccessful Attempts, and maugre some other Specialities not yet determined, that his Grace has yet had the Resolution to undertake the most unpopular Measures last. If his Grace succeed in this Affair of an Union, and that it prove for the Happiness and Wellfare of the Nation, then he justly merits to have a Statue of Gold erected for himself; but if it shall tend to the intire Destruction and Abolition of our Nation; and that we the Nations Trustees shall go into it; then I must say, That a Whip and a Bell, a Cock, a Viper, and an Ape, are but too small Punishments for any such bold unnatural Undertaking and Complaisance.
That I may pave a way,
my Lord
, to a full, calm, and free Reasoning upon this Affair, which is of the last Consequence unto this Nation; I shall mind this Honourable House, that we are the Successors of our Noble Predecessors, who founded our Monarchy, framed our Laws, amended, altered, and corrected them from time to time, as the Affairs and Circumstances of the Nation did require, without the Assistance or Advice of any Foreign Power or Potentate, and who, during the time of 2000 years, have handed them down to us a free Independent Nation, with the hazard of their Lives and Fortunes: Shall not we then argue for that, which our Progenitors have purchased for us at so dear a Rate, and with so much Immortal Honour and Glory? GOD forbid. Shall the Hazard of Father unbind the Ligaments of a dumb Son's Tongue; and shall we hold our Peace, when our
Patria
is in danger? I speak this,
my Lord
, that I may encourage every individual Member of this House, to speak their mind freely. There are many wise and prudent Men amongst us, who think it not worth their while to open their Mouths; there are others, who can speak very well, and to good purpose, who shelter themselves under the shameful Cloak of Silence, from a Fear of the Frowns of Great Men and Parties. I have observed,
my Lord
, by my Experience, the greatest number of Speakers in the most trivial Affairs; and it will always prove so, while we come not to the right understanding of our Oath
de Fideli
, whereby we are bound not only to give our Vote, but our faithful Advice in Parliament, as we should
Answer to GOD
; and in our Ancient Laws, the Representatives of the Honourable Barons, and the Royal Burrows are termed Spokesmen. It lyes upon your Lordships therefore particularly to take notice of such, whose Modesty makes them bashful to speak. Therefore I shall leave it upon you, and conclude this Point with a very memorable Saying of an honest private Gentleman to a great
Queen
, upon occasion of a State-Project, contrived by an able Statesman, and the Favourite to a great
King
, against a peaceable obedient People, because of the Diversity of their Laws and Constitutions.
If at this time thou hold thy Peace, Salvation shall come to the People from another place, but thou and thy House shall perish
. I leave the Application to each particular Member of this House.
My Lord
, I come now to consider our
Divisions
. We are under the happy Reign (blessed be GOD) of the
Best of Queens
, who has no evil Design against the meanest of her Subjects, who loves all her People, and is equally beloved by them again; and yet that under the happy Influence of our most Excellent
Queen
there should be such Divisions and Factions, more dangerous and threatning to her Dominions, than if we were under an Arbitrary Government, is most strange and unaccountable. Under an Arbitrary Prince, all are willing to serve, because all are under a necessity to obey, whether they will or not. He chuses therefore whom he will, without respect to either Parties or Factions; and if he think fit to take the Advices of his Councils or Parliaments, every Man speaks his Mind freely, and the Prince receives the faithful Advice of his People without the mixture of Self-designs: If he prove a good Prince, the Government is easy; if bad, either Death or a Revolution brings a Deliverance. Whereas here,
my Lord
, there appears no end of our Misery, if not prevented in time; Factions are now become Independent, and have got footing in Councils, in Parliaments, in Treaties, in Armies, in Incorporations, in Families, among Kindred, yea, Man and Wife are not free from their political Jarrs.
It remains therefore,
my Lord
, that I enquire into the Nature of these things, and since the Names give us not the right
Idea
of the thing, I am afraid I shall have Difficulty to make my self well understood.
The Names generally used to denote the Factions, are
Whig
and
Tory
, as obscure as that of
Guelfs
and
Gibelins
: Yea,
my Lord
, they have different Significations, as they are applied to Factions in each Kingdom; a
Whig
in
England
is a Heterogeneous Creature, in
Scotland
he is all of a piece; a
Tory
in
England
is all of a piece, and a
Statesman
, In
Scotland
, he is quite otherways, an Anti-Courtier and Anti-Statesman.
A
Whig
in
England
appears to be somewhat like
Nebuchadnezzar's
Image of different Metals, different Classes, different Principles, and different Designs; yet take them all together, they are like a Piece of fine mixed Drugget of different Threads, some finer, some courser, which after all make a comely Appearance, and an agreeable Suit.
Tory
is like a Piece of Loyal-made
English
Cloth, the true Staple of the Nation, all of a Thread; yet if we look narrowly into it, we shall perceive Diversity of Colours, which according to the various Situations and Positions, makes various Appearances: Sometimes
Tory
is like the Moon in its Full, as appeared in the Affair of the
Bill of the Occasional Conformity
; upon other Occasions it appears to be under Cloud, and as if it were eclipsed by a greater Body, as it did in the Design of calling over the Illustrious Princess
Sophia
. However, by this we may see their Designs are to outshoot
Whig
in his own Bow.
Whig
in
Scotland
is a true blew
Presbyterian
, who without considering Time or Power, will
venture their All for the Kirk
: But something less for the State.
The greatest Difficulty
is, how do describe a
Scots Tory
: Of old, when I knew them first,
Tory
was an honest-hearted Comradish Fellow, who, provided he was maintain'd and protected in his Benefices, Titles and Dignities by the State, he was the less anxious who had the Government and Management of the Church: But now what he is since
Jure-Divinity
came in Fashion; and that Christianity, and, by Consequence, Salvation comes to depend upon Episcopal Ordination, I profess I know not what to make of him; only this I must say for him, That he endeavours to do by Opposition, that which his Brother in
England
endeavours by a more prudent and less scrupulous Method.
Now,
my Lord
, from these Divisions, there has got up a kind of
Aristocracy
, something like the famous Triumvirate at
Rome
; they are a kind of Undertakers and pragmatick Statesmen, who finding their Power and Strength great, and answerable to their Designs, will make Bargains with our Gracious Sovereign; they will serve her faithfully, but upon their own Terms; they must have their own Instruments, their own Measures; this Man must be turn'd out, and that Man put in, and then they'll make her the most
Glorious Queen
in
Europe
.
Where will this end,
My Lord
? Is not her Majesty in Danger by such a Method? Is not the Monarchy in Danger? Is not the Nation's Peace and Tranquility in Danger? Will a Change of Parties make the Nation more happy? No,
My Lord
, the Seed is sown, that is like to afford us a perpetual Increase; it's not an Annual Herb, it takes deep root, it seeds and breeds; and if not timely prevented by her Majesty's Royal Endeavours, will split the whole Island in two.
My Lord
, I think, considering our present Circumstances at this time, the Almighty GOD has reserv'd this Great Work for us. We may bruise this
Hydra
of Division, and crush this
Cockatrice's Egg
. Our Neighbours in
England
, are not yet fitted for any such thing; they are not under the afflicting Hand of Providence, as we are; their Circumstances are Great and Glorious, their Treaties are prudently manag'd, both at Home and Abroad, their Generals Brave and Valorous, their Armies Successful and Victorious, their Trophies and Laurels memorable and surprizing; their Enemies subdu'd and routed, their strong Holds besieg'd and taken, Sieges reliev'd, Marshals kill'd and taken Prisoners, Provinces and Kingdoms are the Results of their Victories; their Royal Navy is the Terror of
Europe
, their Trade and Commerce extended through the Universe, incircling the whole habitable World, and rendering their own capital City the
Emporium
for the whole Inhabitants of the Earth; and, which is yet more than all these things, the Subjects freely bestowing their Treasure upon their Sovereign; and above all, these vast Riches, the Sinews of War, and without which all the glorious Success had proven abortive, these Treasures are manag'd with such Faithfulness and Nicety, that they answer seasonably all their Demands, tho' at never so great a Distance. Upon these Considerations,
My Lord
, how hard and difficult a Thing will it prove, to perswade our Neighbours to a self-denying Bill!
It's quite otherways with us,
My Lord
, we are an obscure poor People, tho' formerly of better Account, removed to a remote Corner of the World, without Name, and without Alliances, our Posts mean and precarious; so that I profess I don't think any one Post of the Kingdom worth the briguing after, save that of being Commissioner to a long Session of a factious
Scotch
Parliament, with an antedated Commission, and that yet renders the rest of the Ministers more miserable. What hinders us then,
My Lord
, to lay aside our Divisions, to unite cordially and heartily together in our present Circumstances, when
our All is at Stake? Hannibal, my Lord
, is at our Gates,
Hannibal
is come within our Gates,
Hannibal
is come the Length of this Table, he is at the Foot of this Throne, he will demolish this Throne; if we take not Notice, he'll seize upon these
Regalia
, he'll take them as our
spolia opima
, and whip us out of this House, never to return again.
For the Love of GOD then,
my Lord
, for the Safety and Well-fare of our ancient Kingdom, whose sad Circumstances, I hope, we shall yet convert into Prosperity and Happiness! We want no Means, if we unite; GOD blesseth the Peace-makers; we want neither Men, nor Sufficiency of all manner of Things necessary, to make a Nation happy; all depends upon Management,
Concordia res parvæ crescunt
. I fear not these Articles, tho' they were ten times worse than they are, if we once cordially forgive one another, and that according to our Proverb,
Bygones be bygones, and fair Play for time to come
. For my part, in the Sight of GOD, and in the Presence of this honourable House, I heartily forgive every Man, and beg, that they may do the same to me; and I do most humbly propose, that his Grace,
my Lord Commissioner
, may appoint an
Agape
, may order a Love-Feast for this honourable House, that we may lay aside all Self-designs, and after our Fasts and Humiliations, may have a Day of Rejoycing and Thankfulness, may eat our Meat with Gladness, and our Bread with a merry Heart; then shall we
sit each Man under his own Fig-tree, and the Voice of the Turtle shall be heard in our Land
, a Bird famous for Constancy and Fidelity.
My Lord
, I shall make a Pause here, and stop going on farther in my Discourse, 'till I see farther, if his Grace,
my Lord Commissioner
, receive any humble Proposals for removing Misunderstandings among us, and putting an End to our fatal Divisions; upon Honour I have no other Design, and I am content to beg the Favour upon my bended Knees.
No Answer
!
My Lord Chancellor
, I am sorry that I must pursue the Thread of my sad and melancholy Story: What remains, I am afraid may prove as afflicting as what I have said; I shall therefore consider the Motives which have ingag'd the two Nations to enter upon a Treaty of Union at this time. In general,
my Lord
, I think both of them had in their View, to better themselves by the Treaty; but before I enter upon the particular Motives of each Nation, I must inform this honourable House, that since I can remember, the two Nations have alter'd their Sentiments upon that Affair, even almost to down-right Contradiction, they have chang'd
Head-bands
, as we say; for
England
, 'till of late, never thought it worth their Pains of treating with us; the good Bargain they made at the Beginning, they resolve to keep, and that which we call an incorporating Union, was not so much as in their Thoughts. The first Notice they seem'd to take of us, was in our Affair of
Caledonia
, when they had most effectually broke off that Design in a manner, very well known to the World, and unnecessary to be repeated here; they kept themselves quit during the time of our Complaints upon that Head. In which time our Sovereign, to satisfy the Nation, and allay their Heats, did condescend to give us some good Laws, and amongst others, that of personal Liberties; but
England
having declar'd their Succession, and extended their Intail, without ever taking Notice of us, our Gracious Sovereign Queen
ANN
was Graciously pleased to give the Royal Assent to our
Act of Security
, to that of
Peace and War
after the Decease of her Majesty, and the Heirs of her Body, and to give us a Hedge to all our Sacred and Civil Interests, by declaring it High Treason to endeavour the Alteration of them, as they were then establish'd. Thereupon did follow the threatning and minatory Laws against us by the Parliament of
Eng land
, and the unjust and unequal Character of what her Majesty had so Graciously condescended to in our Favours. Now,
my Lord
, whether the Desire they had to have us engag'd in the same Succession with them? or whether they found us like a free and independent People, breathing after more Liberty than what formerly was look'd after? or whether they were afraid of our
Act of Security
, in case of her Majesty's Decease? Which of all these Motives has induc'd them to a Treaty, I leave it to themselves. This I must say only, they have made a good Bargain this time also.
For the particular Motives that induc'd us, I think they are obvious to be known, we found by sad Experience, that every Man hath advanc'd in Power and Riches, as they have done in Trade, and at the same time considering, that no where through the World, Slaves are found to be rich, tho' they should be adorn'd with Chains of Gold; we thereupon chang'd our Notion of an incorporating Union, to that of a federal one; and being resolv'd to take this Opportunity to make Demands upon them, before we enter into the Succession, we were content to impower her Majesty to authorize and appoint Commissioners to treat with the Commissioners of
England
, with as ample Powers as the Lords Commissioners from
England
had from their Constituents, that we might not appear to have less confidence in her Majesty, nor more narrow-hearted in our Act, than our Neighbours of
England
: And thereupon last Parliament, after her Majesty's Gracious Letter was read, desiring us to declare the Succession in the first place, and afterwards to appoint Commissioners to treat, we found it necessary to renew our former
Resolve
, which I shall read to this honourable House.
Resolve presented by the Duke of
Hamilton
last Session of Parliament.
"That this Parliament will not proceed to the Nomination of a Successor, 'till we have had a previous Treaty with
England
, in Relation to our Commerce, and other concerns with that Nation. And farther, it is
Resolved
, That this Parliament will proceed to make such Limitations and Conditions of Government, for the Rectification of our Constitution, as may secure the Liberty, Religion, and Independency of this Kingdom, before they proceed to the said Nomination.
Now,
my Lord
, the last Session of Parliament having, before they would enter upon any Treaty with
England
, by a Vote of the House, past both an Act for Limitations, and an Act for Rectification of our Constitution. What mortal Man has Reason to doubt the Design of this Treaty was only federal?
My Lord Chancellor
, It remains now, that we consider the Behaviour of the Lords Commissioners at the opening of this Treaty. And before I enter upon that, allow me to make this Meditation, that if our Posterity, after we are all dead and gone, shall find themselves under an illmade Bargain, and shall have a Recourse unto our Records, and see who have been the Managers of that Treaty, by which they have suffer'd so much: When they read the Names, they will certainly conclude and say, Ah! our Nation has been reduc'd to the last Extremity, at the time of this Treaty; all our great
Chieftains
, all our great Peers, and considerable Men, who us'd formerly to defend the Rights and Liberties of the Nation, have been all kill'd and dead in the Bed of Honour, before ever the Nation was necessitate to condescend to such mean and contemptible Terms; where are the Names of the chief Men, of the noble Families of
Stewarts, Hamiltons, Grahams, Campbels, Gordons, Johnstons, Homes, Murrays, Kers
, &c? Where are the two great Officers of the Crown, the
Constables
and
Marshals
of
Scotland
? They have certainly all been extinguish'd, and now we are Slaves for ever.
Whereas the
English
Records will make their Posterity reverence the Memory of the honourable Names, who have brought under their fierce, Warlike, and troublesome Neighbours, who had struggled so long for Independency, shed the best Blood of their Nation, and reduc'd a considerable part of their Country, to become waste and desolate.
I am inform'd,
my Lord
, that our Commissioners did indeed frankly tell the Lords Commissioners for
England
, That the Inclination of the People of
Scotland
were much alter'd of late, in Relation to an incorporating Union, and that therefore, since the Intail was to end with her Majesty's Life, (whom GOD long preserve) it was proper to begin the Treaty upon the Foot of the 1604 Year of GOD, the Time when we came first under one Sovereign: But this the
English
Commissioners would not agree to; and our Commissioners, that they might not seem obstinate, were willing to treat and conclude in the Terms laid before this honourable House, and subjected to their Determination.
If the Lords Commissioners for
England
had been as civil and complaisant, they should certainly have finish'd a federal Treaty likeways, that both Nations might have the Choice, which of them to have gone into, as they thought fit; but they would hear of nothing, but of an intire and compleat Union, a Name which comprehends an Union, either by Incorporation, Surrender, or Conquest; whereas our Commissioners thought of nothing but a fair equal incorporating Union; whether this be so or no, I leave it to every Man's Judgment; but as for my self, I must beg Liberty to think it no such thing: For I take an incorporating Union to be, where there is a Change both in the material and formal Points of Government, as if two pieces of Metal were melted down into one Mass, it can neither be said to retain its former Form or Substance as it did before the Mixture. But now, when I consider this Treaty, as it hath been explain'd and spoke to before us these three Weeks by past, I see the
English
Constitution remaining firm, the same two Houses of Parliament, the same Taxes, the same Customs, the same Excises, the same Trade in Companies, the same Municipal Laws and Courts of Judicature; and all ours either subject to Regulations or Annihilations, only we have the Honour to pay their old Debts, and to have some few Persons present, for Witnesses to the Validity of the Deed, when they are pleased to contract more.
Good God! What, is this an intire Surrender?
My Lord
, I find my Heart so full of Grief and Indignation, that I must beg Pardon not to finish the last part of my Discourse, that I may drop a Tear, as the Prelude to so sad a Story.
After having sit down, and some Discourses by other Members intervening, he continued his Discourse thus:
My Lord Chancellor
, What I am now to say, relates to the Method of Proceeding in this weighty Affair: I hear it proposed by a Noble Member of the other side, that we should proceed in the same Order, as the Lords Commissioners Treaters did. In my humble Opinion,
my Lord
, it is neither the natural Method, nor can it be done without great Confusion and Repetition. To say, You'll agree to the Union of the two Kingdoms, before you agree in the Terms upon which they are to be united, seems like
driving the Plough before the Oxen
. The Articles, which narrate the Conditions, seem to be the Premisses upon which the Conclusion is inferred; and according as they are found good or bad, the Success will follow. When a Man is married to a Fortune in
England
, as they call it, I suppose he is satisfied with the thing before he determines himself to marry; and the Proposal I have heard of agreeing to the first Article with a
Proviso
, That if the rest of the Articles shall be found satisfactory, and no otherwise, is of apiece with the rest, and looks like beating the Air, and no ways consistent with fair and square Dealings. Besides,
my Lord
, if we were to go upon the first Article, are not all the rest of the Articles, besides many others not contained in the Articles, valid Arguments either
Pro
or
Con
, against concluding or not concluding the first Article? And no Vote in this House can hinder a Man from making use of what Arguments he thinks fit. Moreover, the searching the Records, and the revising the
StatuteBooks
, comparing
the Books of Rates, Customs, Excise, Taxes
, of both Nations with one another, must all be previously consider'd ere we determine our selves in one single Article; add to this, that the prohibitory Clause with relation to the Trade of both Nations must be adjusted, lest like
Æsop's
Dog, we lose the old in grasping at the new; the State of
English
Companies must also be exposed, how far we shall have Liberty into them, and what Advantage we may propose to our selves by trading to these Places where they are secured; and above all,
my Lord
, the Security of our National Church, and of all that's dear unto us, must be previously established to us, if practicable, before we conclude the first Article. Therefore,
my Lord
, tho' my particular Opinion be, tho' we had a
Cart blanch
from
England
; yet the delivery up of our Sovereignty, gives back with one hand, what we receive with the other, and that there can be no Security without the Guarantee of a
distinct
Independency betwixt the Parties Treating: yet,
my Lord
, for farther Satisfaction to this Honourable House, that every Member may fully satisfie himself, I humbly propose, that passing by the first three Articles, which appear to be much of apiece, we begin at the fourth Article of the Treaty; and if I be seconded in this, I desire it may be put to the Question.
FINIS.
OBSERVATIONS UPON THE
State of the Nation
, IN
JANUARY
1712/3.
LONDON
: Printed for
JOHN MORPHEW
, near
Stationers-Hall
. MDCCXIII. Price Six-pence.
OBSERVATIONS UPON THE State of the Nation.
IT is a very difficult Thing exactly to determine in what Cases, and how far a good Subject may express his Dislike of what is either done, or connived at by his Governors. Those whom by the Laws of God we are commanded not only not to resist, but to aid and assist with our Hands, our Purses, and our Prayers, we are certainly required our selves to reverence, and to exhort and encourage others to do so too. Now that Reverence is undoubtedly weakned, whenever we blame any of their Actions or Designs, as hurtful to the Publick Good. The higher the Accusations are, the greater is the Offence. But tho' this is a good Reason for Men to be modest in their Suggestions, yet it is not a sufficient Reason for them to be entirely silent. Nay, it is more dutiful for Men to express the Causes of their Complaint, than wholly to stifle them, and only to shew Signs of Dissatisfaction without discovering the true Grounds of their being dissatisfied; since they do thereby give an Opportunity to those, whom it does most nearly concern, to clear themselves; and thereby to strengthen that Government, which every good Man desires to see in a prosperous and flourishing Condition.
I shall not therefore be afraid to declare my
Apprehensions
of the State of Affairs in this publick Manner; especially since they are not mine alone, but the Apprehensions of very many honest Men, who are zealous Friends of the Constitution both in Church and State as by Law Establish'd, and entirely affectionate to Her Majesty's Person and Government; which they heartily pray to God to have long, very long continued, as a Blessing to these Nations. Those that affect now to be called
High-Church-Men
, have no Pretence to complain; who in
Memorials
from the Press, and in
Sermons
from the Pulpit, (and many of them too printed afterwards) did in a Manner, which no
True Church of England Man
dares imitate, treat the late Ministry in the vilest and most contemptuous Manner possible, and threaten them in Terms little short of downright Rebellion.
I shall not therefore, I hope, be accused of Undutifulness to Her Majesty, or of Want of Respect to Her Ministers, when I own my Apprehensions that the
Peace
, which is now in a manner concluded with
France
, may not produce those lasting good Effects, which all Honest Men, who wish well to the
Protestant Religion
, and to
British Liberty
, desire they should. I do not pretend to be wiser than my
Representatives
, or my
Governors
; and by the
British Constitution
every Man is bound by what they do. But since our Evils, (if they are such) may not yet be past Retrieve, and since I know my self to be truly
Amicus Curiæ
(and such are sometimes allowed to speak in our
Courts of Justice
, tho' they were not at first retained) I shall venture to propose my Thoughts upon the present Occurrences at this Juncture, when the Parliament is ready to meet, to offer up their united Gratulations for the Peace, which (as far at least as it relates to us) is in a manner concluded.
The great Reason which is GIVEN for making Peace upon these Terms, is, That otherwise the
Balance of Power
could not be preserved in
Europe
, since the whole
Austrian
Dominions and Pretensions are now settled in one Man, the present Emperor; so that it would be of worse Consequence to the Peace of
Christendom
, to let him enjoy the whole, than to let King
Philip
keep Possession of the Throne of
Spain
.
Before this Proposition be consider'd, pursuant to the Views which we are taught to have of the Affairs of
Europe
at this Time, I wou'd desire Gentlemen, who talk so warmly upon this Subject, to look back to the State of
Christendom
in the Time of
Henry
VIII. which may be learnt form any of the Histories of that Time. The
Emperor Charles
V. was the possess'd of the
Low-Countries
entire, of the
Dutchy
and
County of Burgundy
, of
Spain
and the
West-Indies
, of the
Kingdom of Naples
, was Master of almost all the Maritime Force of
Europe
, and was Emperor at the same time. His Brother
Ferdinand
, who was
King of the Romans
, had indeed the Hereditary Countries in
Germany
, but he was little more than
Charles's Vice-Roy
, as long as he continued
Emperor
. The
House of Burgundy
with nothing but the
Netherlands
, (and them not entire) and the
Burgundy's
, were very uneasy and formidable Neighbours to the Predecessors of
Francis
I. for several Generations; and
Lewis
XI. King of
France
, found
Charles the Hardy
(Great Grandfather to
Chalres
V.) a powerful Adversary.
Charles
V. wanted neither Ambition nor Spirit: He was an understanding and a diligent Prince; always at the Head of his own Affairs, and ready as well as able, when Occasion offer'd, to head his own Armies: He was very well served, and had as great Generals, and as glorious Troops, as that Age produced; and it cannot be deny'd but the
House of Austria
under him was at the Top of its Greatness; very much greater than it has been since. And yet notwithstanding all this, and notwithstanding the great Footing which
Chalres
V. as
Duke of Burgundy
, had in
France
it self,
Francis
I. who had little else but the remaining Part of
France
, made Head against that Mighty Emperor; and tho' he was once taken Prisoner, and forced to redeem himself upon very hard Terms, yet he and his Son
Henry
II. held
Charles
V. for above 30 Years together at Bay, and defended their Territories against all that
Charles
was able to do against them; and the Result of all those long and bloody Wars, till the
Victory of St. Quintin
, which was gotten soon after his
Abdication
by his Son
Philip
II. King of
Spain
, was, that the
House of Austria
got the
Dutchy of Milan
upon the Failure of the
House of Sforza
, and kept it against the Claims of the House of
France
.
Let us now see what
England
could do, and did at that Time.
Henry
VIII. King of
England
and
Ireland
only, and
Ireland
no Addition to his Strength, without the Advantage of Foreign Trade, turn'd the Balance which way he wou'd, tho' he had no Fleets to match the Emperors. This Case, which is not commonly considered, will give us a clear Solution of that Celebrated Question concerning the
Balance of Power
at this Time.
England
and
Holland
have powerful Fleets:
Germany
can have none:
Spain
has none, nor in Truth can have any, that need give us any Jealousy:
France
has besides what
Francis
I. possess'd, both the
Burgundies, Alsace
, and great Part of the
Spanish Netherlands
, and is in Effect Master of
Lorrain
. All these Countries either leaned to, or were in the Possession of the House of
Austria
at that Time. At Sea,
France
is an Over-match for any one of the Maritime Powers, in truth an equal Match for both. What is has done at Land against the united Strength of almost all the rest of
Christendom
, has been sufficiently seen since the Year 1688. The Case in short is this. When the
House of Austria
was at the highest, when the Wealth of the
West-Indies
was entirely in its Hands, when its Revenues were clear, when the whole Trade of
Europe
was managed by its Subjects, or its Vassals, (excepting what was in the Hands of the
Portugueze
and the
Venetians
) and when great and fruitful Provinces even of
France
it self were obedient to its Princes, yet then
France
was so much a Match for it, that the Kings of
England
could, whenever they came in heartily, turn the Balance; and yet the Crown of
England
was very much weaker than it is now. We had no Fleets, no Foreign Trade, nor could we absolutely rely upon
Scotland
to help us. What therefore cannot
France
do, when it has open and avowed Settle ments in the
Spanish West-Indies
, when King
Philip
cannot bring home his own Plate unless other Nations will give him Leave, and when the First Prince of the Blood of
France
is upon the
Spanish
Throne. It is a Jest to say that
Charles
VI. if he had all he asks for, would be so great as ever
Charles
V. was, that
Lewis
XIV. is not much more powerful than any of his Predecessors, and that Queen
Anne
is not capable of turning the Balance of
Europe
as effectually as ever
Henry
VIII. did.
But the Crowns of
France
and
Spain
will not be under the same Head; and the two
Branches
of the
House of Bourbon
in Time may quarrel: at least their Interests will be different. It is indeed possible that they may quarrel, but it is by no means likely. The Two
Branches
of the
House of Austria
were divided after the
Abdication
of
Charles
V. to the Death of
Charles
II. of
Spain
, who was the
last
Prince of the Male Line of his own
Branch
. That Division lasted above 140 Years. During that Period, the
Spanish Branch
carried on a War for above 50 Years in the
Netherlands
against the Inhabitants of those Provinces who had withdrawn themselves form their Obedience; and for near 30 Years against
France
before the Peace of the
Pyrenee's
, and afterwards from the Year 1667, when the
French King
invaded the
Spanish Netherlands
upon the Death of
Philip
IV, with very short Intervals till the Year 1700, when
Charles
II. died. The
German Branch
carried on a long and terrible War in
Germany
from the Time that
Frederic Elector Palatine
accepted of the
Crown of Bohemia
till the
Peace of Munster
, which was near 30 Years. In all that Time, the
Two Branches
never took up Arms the one against the other, but always mutually assisted each other as they wanted any Assistance, to the utmost of their Strength. Was it not the
Spanish
Assistance which was constantly, and affectionately, and powerfully lent to the Emperors
Ferdinand
II. and
Ferdinand
III. during those
German
Wars, which hinder'd K.
James
I. and K.
Charles
I. from procuring the Restitution of the
Palatinate
to that unfortunate
King of Bohemia
and his Children? Upon
Philip
IVth's Death, did the Emperor
Leopold
stand by when the King of
Spain
was attack'd? Were not
Leopold's
and
Charles
's Interests always judg'd to be the same, and did not they perpetually act in Concert with each other?
It will be the same now, with the Two
Branches of the House of Bourbon. France
will support
Spain
for its own sake, and
Spain
will always return the Kindness as long as there is any one single Power in
Europe
, which by claiming under the
House of Austria
shall pretend to the Succession of the
Spanish Monarchy
. I do not ask what secret Engagements King
Philip
may be under to his Grandfather, and his Successors Kings of
France
; tho' it is not likely, that
Lewis
XIV. has made so ill a Bargain for the vast Sums of Money which he has spent to settle his Grandson, for the Quantity of Bloodshed on that Account, and for the wasting and impoverishing his own Noble Country, as not to secure something equivalent to Repayment, or Requital for so great an Expence and Loss. But this I enquire not into. I would rather enquire, whether it is not likely, that the Two Branches of the
House of Bourbon
, supposing them to be distinct, should not look upon it to be their Interest to stand by each other. Till K.
Philip
is fully settled, he can no more subsist without
France
, even after a Peace, than a Child that is learning to walk can go without a Leader. Whatsoever may be the Interest of
Spain
it will be the Interest of its King to adhere to
France
.
Arragon
and
Catalonia
, especially the Latter, will be disgusted. What Factions may arise in
Castile
is uncertain; and it will always be the Interest of
Portugal
to foment Disturbances, and to harbour, at least not to discountenance, Malecontents. In such a Case a
British Parliament
will scarce be willing to assist the Crown in abetting K.
Philip
: And we can hardly think that
Holland
will be forward to assist him. Thus it will be at first, and what Scenes may arise afterwards, we cannot at this distance with any probability undertake to foretell.
This is all upon a Supposition that the Two Crowns are upon Two Heads. But may we not reasonably enquire what may probably happen if the
Dauphin
should dye without Issue Male? In answer to this we are told, that K.
Philip
has actually renounced for his Children, born or to be born, all his and their Titles to the
Crown of France
for ever. This Renunciation will be more or less Valid, as it can or cannot be supported by Arms. What has been done in that Way already by the
House of Bourbon
since the
Peace of the Pyrenee's
is publickly known, and has been lately set in an excellent Light by the Author of the
Sighs of Europe
. Since no Side therefore does at the Bottom believe a
Bourbon Renunciation
to be of any force with the
Renouncers
, any farther than as it is backed with a sufficient Strength that may make it execute it self, I would desire Gentlemen to take along with them these following Considerations. In the First Place then, it is certain that it is more for the Glory of
Lewis
the XIV. to have his Grandson
Philip
Lord of the Whole in case of the
Dauphin's
Death, than to have him only K. of
Spain. France
will really then be Mistress of
Europe
, and a Prince descended from
Lewis
the XIV. will be its Governor. The
Dauphin
is so extream sickly that his Life is not expected; and it is not supposed that he will out-live his Minority. The
French
King is old and infirm; scarce a Month passes but we have an Account of his Indispositions, which when they are so frequent in a Man of his Years, are very alarming; That seems to be the Reason why he takes such pains to get
England
to sollicit the Allies to come in, tho' why they should so sollicit it, is not to be imagin'd: The
Dutch
are promised their
Barrier
very little worse than it was before stipulated in the Year 1709, between Us and Them; tho' my Lord
Td
was declared an Enemy to his Country by the Parliament of
GreatBritain
for signing it at that Time. A
Reciprocal Guarantee
is offered between the
Crown of
Great Britain and the
States General
for that, and for the
Hanover-Succession
. This is to hasten the Work. Now if it is not likely, that (if it were left to the
Fench
King's Option) he would chuse to have the Two Crowns rather Dismembred than United, then one may justly fear, that such Measures may be hereafter taken, and which if taken, cannot be prevented by Us and
Holland
, as may unite them after the
Demise of the Dauphin
. Without this
Renunciation
K.
Philip
could not keep
Spain
at all. The Ministry, who want no Courage, would scarce dare to advise the Queen to sign a Peace with
France
without it: This the Courts of
Versailles
and
Madrid
know very well.
France
therefore (let its Secret Designs be what they will) must have a Peace if possible whilst the
Dauphin
lives. Sign now, and leave the rest to Time. Thus we may suppose they reason.
Great-Britain
is willing on these Terms to come into a Peace; and that Opportunity is not to be slipt; and from what the
Court of
France has done in former Conjunctures, we may make Rational Suppositions of what they are doing now.
But farther: It is possible the
French King
may be in earnest; that he not only longs for Peace, but
bonâ fide
intends to keep it. He may perhaps seriously repent of his former Breaches of Faith, which have been more flagrant, and more frequent, than can be matched in the History of any single King, of what Religion soever, since the Creation. But if he should not be in earnest, and only proposes to amuse us till a fitter Conjuncture offers it self, what can be done? Why, we are told, that the Dukes of
Berry
and
Orleance
will make the Title, which they have acquired by this
Renunciation
of
K.
Philip, good by their own Interest and Force. I wish they may; but it may be justly questioned whether they can make it good: No Nation has ever shewn it self so jealous of the Succession of their Kings as
France
has done. The
French Nation
have not
renounced
K.
Philip
, nor indeed can they. They have a Right to demand that he, and in default of him that his Children should reign over them. And they may (for ought we know) think it their Interest to have it so. In that Case
France
would become the Seat of Empire, and
Spain
and the
West-Indies
Provinces to
France. France
in case that should happen would gain greatly, and that they well know. The Industry and Activity of the
French Nation
, which for these last 50 Years has turned it self more than ever it did formerly to Trade and Business, to Maritime Affairs, and to making Settlements for Commerce in remote Countries, would soon bring the Trade of the World into their own Hands.
The truth is, we strain at Gnats, and swallow Camels, when we bellow at the
Dutch
, and overlook the
French
in this Article of Trade.
France
we are told is to have
Lisle
re-delivered upon the Peace.
Lisle
was the Center of the
Woollen Manufacture
for Stuffs, which the
French
Erected in this last Age, when the Allies took it in 1708. That
Manufacture
, which for several Ages was the great Glory of the
English
Nation, has been raised by them in all its considerable Branches to an amazing Height. Ten
Assiento's
will not make that Loss good. And we are told now, that
Lisle
must be restored, because otherwise they cannot make the proper
Assortments
(as they are called)
of Cargoes
to send to their Plantations. These
Assortments
we made before, and God be praised can make again. It will (I fear) be to little purpose to tell us, that
We shall be favoured as much as the Nations the most favoured in the Treaty of Commerce
. The
French
will undersell us at least if they do nothing else; and by having Settlements of their own in
America
, they will carry on the Trade more advantagiously than we possibly can. Trade is not to be forced: If the
Spaniards
in the
West-Indies
can buy to greater Profit of the
French
than they can of us, they will do so, let our
Tariffs
be never so splendidly drawn.
The Hopes therefore of that Immense Gain which the
French
may reap from the
Indies
, in case they had a King of their own at the Head of the
Spanish
Monarchy, will very probably be a powerful Motive to them to desire K.
Philip
to be their King if the
Dauphin
should dye, especially since he has an Hereditary Right of his own to support him. If
Lewis
the XIV. judged it to be the Interest of the
House of Bourbon
(may they reasonably say) to oblige his Grandson to renounce
France
, what is that to Us now? Kingdoms are not like Private Inheritances. If the right Heir has an
indefeasible Right
to our
Allegiance
, we have the same
indefeasible Right
to his Government. If he will renounce for himself, he cannot however renounce for his Children. Any Act of this ought not in Natural Justice to affect them. Nay, supposing he could renounce for his Children yet unborn, he cannot renounce for those Two Sons of his that are born already. If it may be alledged, that the Children yet unborn can have no accruing Right to what the Father had no Right to at the time of their Birth, yet the Case is different with those Two Princes who are now actually born. They were born Princes of the Blood of
France
, and are unquestionably too young to do any Act of their own that can be Valid, and it is essentially unjust to tye them up by what their Father does in a Thing of this Nature where their Birthright is concerned, and a Birthright of such vast Importance, not only to themselves but to all the rest of
Christendom
. Now it is no Chymerical Supposition to imagin that the
French
Nation will reason after this manner, when once a seasonable Conjuncture shall offer it self, it is not impossible likewise that they may think this to be the only way to prevent a Civil War. To their Cost they know what Civil Wars upon the Account of a Title to the Crown mean. No Nations ever carry'd on a more severe, or a longer War without Intermission than they did after
Henry
the IIId's Death, to settle
Henry
the IVth. who was next Heir, upon the Crown. And this they did, tho he was a Protestant, and continued so for several Years after; and when the League try'd to set up the
Cardinal of Bourbon
his Uncle, thinking thereby to pacify the People, it proved to no purpose, for the Nation chose rather to bear with the Miseries of a Civil War, than to alter the Succession: And this they did against the United Force of
Rome
and
Spain
.
Should they therefore upon such an Occasion appear zealous for K.
Philip
, he would have as fair a Pretence to accept of their Love, as he now declares to have to stand by his faithful
Spaniards
; and whatsoever he shall do in such a Case, will appear to be their Act not his. It is not therefore unlikely the
French
Nation may judge this to be the likeliest way to prevent a Civil War. Titles have lien dormant for a Generation or Two, and afterwards have broke out when a proper Opportunity has offer'd it self. This actually happened in the Controversy between the
Houses of
York
and
Lancaster for the
Crown of
England, about 250 Years ago. The
House of
York gave way during the Reigns of
Henry
the IVth and
Henry
the Vth, and asserted their Right in
Henry
the VIth's Time, when his weak Administration gave them a fair Opportunity. And they asserted in such a manner that they turned out the
House of Lancaster
, which had kept the Throne for Three Generations. This Example the
French
have before their Eyes, and this may naturally lead them to think that the horrible Mischiefs of a Civil War can no way be so well prevented as by receiving
Philip
or his eldest Son to be their King, notwithstanding those Renunciations which have so long amused
Europe
.
The Methods indeed which are generally believed to have been taken to clear the ground of the late Two
Dauphins
, (the Duke of
Burgundy
and his
Eldest Son
) may put an end to this matter, and leave to the Dukes of
Berry
and
Orleans
a quiet and an undisputed Succession. Other Methods will most probably be successless. It is a Jest to say therefore, that K.
Philip
can renounce for any Body but himself, or that the
French
will accept his Renunciation any farther than as they themselves like it. They will perhaps appear fond of it at present, because it brings Peace along with it, and a Breathing-Time from those Miseries under which they have so long groaned; and sinking Nations as well as drowning Men, will lay hold of every Bough that will give them present Ease. All these Things put together may probably appear of Weight.
What is here suggested concerning the future Prospect of the Affairs of
Europe
, is not said with a Design to accuse the Ministry for what they have done: They certainly know the State of the Nation and the Condition of our Allies better than private Men: And this is a good Reason why By-standers should pass modest Censures upon what they have done. But still a
British
Parliament has a Right to give Advice in this important Conjuncture, and with all possible Duty and Loyalty to desire (if they think it necessary) an Account of the Steps which have been taken for the Nation's Good. When my Lord
Td
was declared an Enemy to his Country last Sessions for Signing the
Barrier-Treaty
, the
House of Commons
were not in the wrong to make such a Declaration, upon a Supposition that they believed him to be so: And I am confident they did then believe him to be such an Enemy, whatever they might do this next Session, if the Question were to be put again.
Whatsoever
Her Majesty
and the
British Parliament
does, we ought to receive as becomes good Subjects.
Her Majesty
declared when she laid the Conditions upon which a Peace might be had before her Parliament, that she had the
Protestant Succession
most at Heart; and we do with Joy confide in the Solemn Declaration of
Her Majesty
, who is a Princess of such incomparable Vertues, and of whose steady Love to Her People we have had such frequent Instances. Nor is it likely that a
British Parliament
will ruin their Country, and bring in
Popery
in cool Blood. What Private Men may do will not be charged upon them. But I cannot without Concern and Indignation observe how very Modish it is to lay load upon the
Dutch
, and how tamely Men submit to see them abused in our
News-Letters
and
Prints
in so vile a manner. That the
Dutch
may have sometimes over-reached us in Trade may for ought I know be true: Tho' they have cleared themselves of so many Things which have been lay'd to their Charge, that perhaps it will be most advisable to suspend our Judgments till those Matters are put in a clearer Light. But be it so: In Trade they are our Rivals, and we trust in our Governors that they will take care of the Interests of the Nation in that particular, as well as in all others, and we are easy upon that Head. But let the
Dutch
have been what they will towards us in point of Trade, in which private Men as well as Nations are for engrossing to themselves as much always as they can, it is certain, that the
States-General
are at this Time next to us the greatest Support of the
Protestant Interest
in
Europe
. And I shall not be afraid to assert, that the Preservation of the
Protestant Religion
has been under God owing to that Commonwealth. After the Battel of St.
Quintin
when
France
lay wholly at the Mercy of the
K. of Spain, Philip
the IId preferred the Cause of
Popery
to the Increase of his Power by ruining the K. of
France
, and struck up a sudden and an unexpected Peace, that he might enter into effectual Measures with
Henry
the IId to extirpate the
Northern Heresy
; which Measures would humanly speaking have been successful had not God wonderfully interposed. For
Henry
the IId was killed soon after, and left Children who were unable to execute the Designs which their Father had laid; and
Philip
by oppressing the
Low-Countries
contrary to their own just and known Privileges, which he himself had but a little before solemnly sworn to observe at (what their
Historians
call) the
Joyful Entry
, forced them upon Measures which at last ended in the Erection of the
Dutch-Commonwealth
. The Wars in the
Netherlands
which were subsequent to those Commotions, took up all K.
Philip's
Time, and wasted his Men and Treasure; and to the steady and constant Support which Q.
Elizabeth
gave that Infant-State we owe our own Liberties both Civil and Religious. If the
Dutch
could not have stood without Her, She could as little have stood without them. The
Spanish Invasion
would not have been the only one in her Time, if the
Low-Country Wars
had not kept
Philip
the IId constantly employ'd during the whole Course of his long Reign. What could
Germany
have done then, if the
Netherlands
had been entirely reduced? Whereas now
England
and
Holland
can mutually support one another, and stand by the
Protestant Interest
any where else. And for God's sake let us look into
Germany
a little?
Saxony
is lost, we may say irreparably, when the
Electoral Prince
once abjures his Religion, which we expect every Post to hear he will. The
Palatine-House
has left us a good while ago. There are now but Two
Protestant Powers
in
Germany
, of
any
great weight,
Hanover
and
Brandenburgh
. These Considerations render it necessary for the Two great
Protestant Powers
of
Great-Britain
and
Holland
(which are indeed very great when well united) to keep together. God has no where promised to work Miracles for his Church; and if he had, yet there is no reason to suppose he should work any for those that forsake themselves. We are told indeed that the
Dutch
will for their own sakes stand by us in the Day of Danger. Be it so. But then there must be mutual Confidence as well as mutual Interest, or else Alliances will be weakly supported, and Assistances coldly given. And how far that Confidence has been broken within these last 18 Months, between Us and
Holland
, I do not pretend to determine.
It is not therefore either an improper, or an undutiful Question to ask, if the
House of Bourbon
should have a Mind to bring in the
Pretender
after the Peace is ratified, and K.
Philip
quietly possess'd of
Spain
and the
WestIndies
, whether it will be so easy to keep him out as it would have been, if by our withdrawing from the Allies we had not forced them to make a precipitate Peace? Is it not the joint Interest of both Branches of the
House of Bourbon
to bring him in if they can? The
House of Hanover
, whenever they come, must for their own Security stand by
Holland
and the
House of Austria
, whose Interest it certainly is to keep
France
from rising higher. If we would pass a right Judgment upon this Matter, we must see what the present Disposition of the Nation appears to be. Do we not see
Pamphlets
openly Published among us, to show that no Prince ought to be debarred, of (what is called) his Natural Right to govern, upon the Account of Diversity of Religion? And does not this
holy Right
(as it is termed) appear every day in the
Advertisements
of our most celebrated
News-Papers
, which are spread the farthest, and the most greedily read? What does this tend to, but to wean the People by Degrees from their Fondness for the
Protestant Succession
? If any Man, let his Personal Character have otherwise been never so eminent, and let him have been never so zealous, and acted never so steadily for the
Tory Interest
, ever since the Revolution, but once declare against a Peace with
France
at this Juncture, and upon these Terms, is he not immediately traduced in our
Weekly Papers
, in
Lampoons
, and in
Penny Merriments
, and treated as the vilest of Scoundrels, and set up as a Mark to be shot at by the People? An
Apostate from his old Principles
, a
Companion for Td
, and a
Member of the Calves-Head Club
, is the best Language he must expect to meet with.
I will not deny, but the
Ministry
has, what we are sure
Her Majesty
has most at Heart, which is the
Protestant Succession
. Yet what so effectual Course can be taken, to bring People to bear with what they before abhorred, as what we see daily practised? No Man thinks a
British Ministry
will attempt to alter the Establishment, unless they think they shall be backed by a
British Parliament
: And what
Parliament
will venture at any Innovations against the universal Bent of the People? The People can be no other way lured on so successfully as by a present Peace, and the Prospect of future Plenty. The
Land-Tax
bears very hard upon the Gentlemen of
England
; and I do not affront them, when I say, that great Numbers of them wou'd be very well pleased to see
French Wine
as cheap as it was Twenty Five Years ago. The trading Part of the Nation may possibly be brought by Degrees to think, that they cannot enjoy any one Branch of their Trade securely, so long as the
Dutch
can send out a
Fisher-Boat
upon the
Ocean
, or a
Merchant-Man
to the
East-Indies
. Our
Pamphleteer's
do now assure us, that the
King of France
has been a strict Observer of his Word all along; and the next Thing which we are to look for, is, that he will join in a
Guarantee
to secure the
Barrier
for the
Dutch
, and the
Hannover Succession
, against himself.
There is nothing can ruin us at Home, but an implicit Confidence in every thing
that
is called a
Tory
. The Bulk of the
Tories
of
England
are in their Hearts against the
Pretender
: And they will not easily be brought to think, that Men of whom they have long a good Opinion, can harbour any Designs but what appear above-board; and it is indeed possible there may be no evil Designs under-hand carry'd on. The
Tories
are fond of the
Church of England
, of
Monarchy
and
Episcopacy
, and God bless them for such their Fondness. The
Whigs
unfortunately, (and perhaps some of them maliciously) gave into several Things, whilst they were in Power, which look'd very ill towards the Church. It is not to be believed, how much the Clergy were exasperated all over the Nation, by the publick spreading of that pestilent, and, in truth, heathenish Book, called the
Rights of the Church
. The Ministry sat by, and the Parliament for a long while took no Notice of it. This inflam'd the Body of the Clergy: And tho' the most and the best Answers against it were written at the Command of
Whiggish Bishops
, or de dicated to them; yet since the Civil Power did not interpose in a Matter which so nearly concerned the Being of the Church, and the Maintenance of its Clergy, their Dissatisfaction was not lessen'd. The
Impeachment of Dr. Sl
afterwards for a Point of Doctrine, made them lose all Patience. The Rage which that
Impeachment
produced had dire Effects. Men that were really concerned for their Religion, (and of those we have great Numbers) believed their common Christianity was at Stake. And when the Children of Darkness appeared above-board, when not only such little Scriblers as
Tl, Cns, Al
, and
Td
; but even some whose Birth and Quality gave them a Hereditary Place in our Parliament, appeared in Print against the
Christian Religion
, in Defence of what they called
Natural Liberty
, and
Free-Thinking
, as if his Quality gave any Man a sufficient License to brave the Lord of Hosts; and all this while the then Ministry sat unconcernedly by; if this gave the secret Enemies of our Constitution Opportunity to set things in a Flame; it is not to be wondred. And in truth I have often thought, that the Fall of that Ministry was a just Judgment of God upon them for their Remissness, in not giving what Check they could to the horrid Course of those vile and irreligious Books which appeared at that Time; and I fear it is no Breach of Charity to say, that some Leading Men amongst them, whilst they laboured to appear to be
Englishmen
, forgot sometimes that they were Christians. But they have smarted for their Folly; I hope they will repent of it.
But must we necessarily fall into
Scylla
, in endeavouring to avoid
Charybdis
?
Could we not
(as Sir
John Denham
says)
wake (from that Lethargick Dream,
But to be restless in a worse Extreme?
France
will not, it cannot, unless it will abjure
Popery
, support the
Church of England
, or
Protestant Episcopacy
. The
Pretender
under any Disguize, and
British Liberty
, are inconsistent Things. To think, that if he were once settled here, he wou'd not be influenced by Directions from Abroad, is downright Infatuation. It is allow'd that we are not of our selves strong enough to hinder it; where then in such a Case could the Nation fly for Relief? Have we not wantonly cast off our old Friends, without getting new? I must here again repeat it, (because what is never out of my Mind, I would not lose sight of one Moment,) that I have no design to accuse the Ministry. They can't alone ruin us if they would. Should they pour in never so many Bodies of new Lords into the upper House, still the
House of Commons
are in Possession of the
Triennial Act
, and a certain Estate in Land is a necessary Qualification to enable any Man to be a Member of their House. But the raising new Troops of Peers is an expedient the same Ministry as long as there is any public Liberty left, will hardly venture to try above once. In
Her Majesty's
Goodness therefore, and in a
British House of Commons
we think ourselves safe. And, God be thanked, we have those Securities. For we may ruin ourselves very easily if we please, for there is a Door already open, which without very speedy care be taken may let in those Enemies, whom, when once let in, it will not be in our Power very easily to drive out. Our immediate Danger at present is from
Scotland
; and how few apprehend any Danger from the Quarter! The Imposition of the new Oaths has shewn what the
Scottish Nation
would be at; and if for no other Reason the Imposition of those Oaths was necessary at this time, that
England
may see how the
Scottish Nation
stands affected. The Convulsions which have happen'd since the Oaths were tendred to the
Scotish Ministers
of both Persuasions, deserve to be set in a clear Light before us, who live on this Side of the
Tweed
, before they rise to too great a Head. Now the Case is this. By an
Act
past this Session (
Annæ 10. cap. 7.
) all the
Ministers of the Established Church of
Scotland, as also all the
Ministers of the Episcopal Persuasion in
NorthBritain (who are tolerated by the said
Act
to hold Congregations according to the
Liturgy
of the Church of
England
) were obliged to take and subscribe the
Oaths of Allegiance and Abjuration
on or before
Aug.
1. 1712. This Time being found to be too short, they had by another Act past the same Session (
Annæ 10. cap. 32.
) Time given them to qualify themselves till
Nov.
1. 1712. During this Interval, the
general Assembly of the Church of Scotland
met, and made a Declaration which they presented to
Her Majesty
. In which they set forth, that they did not understand any Words or Syllables in that Oath, to have a Sense or Meaning contrary to their known Principles and Church Government. When the Time drew nigh in which they were to qualify themselves, the
Quarter-Sessions
met in most Parts of
Scotland
, that the
Ministers
who would take the
Oaths of Allegiance and Abjuration
, according to the
Toleration-Act
above-mention'd, might have an Opportunity so to do. At
Edinburgh
, Twenty six Ministers of the Presbytery of that Place, went in a Body to the Sessions, preceded by Mr.
Carstairs
, in order to qualify themselves, and there tendred the above-said Declaration of the
General Assembly
. Some of the Justices protested against receiving any such Declaration, others protested against the former, for not admitting it. These being out-number'd, the Minsters after having privately protested that they had offer'd such a Declaration, took the Oaths and subscribed them. The same Thing was done in other Parts of
Scotland
; and those that took the Oaths protested either before or after they took them, that they had tendred such a Declaration. But in the whole, it is computed that not above one half of the Ministers of the Established Church have taken the Oaths. Six of the most popular Ministers in
Edinburgh
have refused them. Of the
Episcopalians
, but Two have comply'd with the
Act
throughout
Scotland
: One in
Edinburgh
, who preaches to the
English Congregation
there; and one at
Glasgow
, who has lately taken Orders, and open'd a Meeting in that City. The
Sunday
following the
Non-Jurors
of both Parties preached publickly, and I suppose do so still. In
Edinburgh
it self the Populace join with the
Non-Jurors
, so that their Churches are thronged, whereas the
Jurors
are in a good Measure deserted. One
Minister
particularly beyond the
Frith
that had taken the Oaths, went the next
Sunday
to preach as usual in his own Church, and found the Doors shut against him; and he was threatned to be stoned, if he attempted to open them.
This is the
present State
of the
Church of Scotland
. The
Episcopalians
directly declare themselves to be
Jacobites
, and upon that Score alone they refuse the Oaths. That no Man questions. And
Whig
and
Tory
on the other Side of the
Tweed
are Names that are universally understood to denote Men that are
for
or
against
the
Pretender
. Care has been taken to infuse Scruples into the
Presbyterians
, as if the Intention of the
Parliament
by this Act was to destroy their
Church Government
by Degrees. Weak Scruples they are God knows! and yet weak as they are, they have had Influence enough to propossess one half of the Ministers of the Estalish'd Church. The
Provincial Synod
sat lately, and the
Non-Jurors
gave in a Declaration to the
Synod
, setting forth that they had no other Objection against the Oaths, than that they understood themselves to be thereby bound to support the
Hierarchy
of the
Church of England
contrary to their known Principles. The
Jurors
gave in another Declaration, declaring that they did not take them in that Sense. This shelters the
Jacobites
: And upon this Account they have industriously fomented these Scruples among the
Presbyterians
.
Is not here now a fair Field in which the Friends of the
Pretender
may exert themselves, whilst Things are in this Confusion? The
Nobility
and
Gentry
, it is to be feared, are but too much disgusted, upon the account of their being (as they think) shut out by the Union of their Birthright, by which they had for so many Ages by-gone so great a Share in the Legislature. This operates too much even upon the
Presbyterians
themselves: Tho' could they carry their Resentments against
England
, against which they are chiefly enraged upon the Account of the Union, so far as to join with the
Pretender
, they would have reasons to expect nothing better than
Ulysses's
Fate, to whom
Polyphemus
in the
Poet
promised as a Reward for making him Drunk that he should be eaten up last.
Be this as it will: Here is a great Body of Men, and those at a great distance from
London
, and not very rich, and consequently more liable to Temptation, disgusted. It will behove a
British Parliament
to find a Remedy for these Evils as soon as possible. It will be equally their Interest to quiet People at home. The
Church
has been already made easy with relation to the
Dissenters
by the passing of the
Occasional-Bill
, which past last Sessions without Opposition. The
Whigs
by giving readily into it show'd themselves not to be Enemies of our Church, or if they were so before, they hereby made a signal Atonement. When the
Dutch
see that we are heartily in the Interest of the
Protestant Succession
, we may be sure they will be heartily our Friends, especially since their
Barrier
is so well secured. Whatsoever private Men may sometimes do, Nations never keep alive their Resentments, when once the Causes of the Disgust, real or imaginary, are removed. All the
Tories
, who are not
Jacobites
, will readily joyn with all that approve themselves to be Friends to
Monarchy
and
Episcopacy
, in order to secure the Nation against Popery. That we are spent by this long and expensive War is unquestionable. The
Jacobites
and
Papists
have not Strength to make any considerable Opposition, when once Steps are taken to secure these main Points. What the
House of Bourbon
will or will not do, as it must be left to Time, so Men will chearfully submit it into the Hands of the great Governor of the World. In short, it is in the Power of the
British Parliament
, humanly speaking, to secure us from those Evils, of which very many among us are as they think justly afraid. They are
Britains
, they are
Protestants
, they have abjured the
Pretender
, they have great Estates of their own, and they have a Posterity which are justly dear to them. They may be sure Her
Majesty
will gladly hearken to any Advices which they shall give Her for the Nation's Good; and they are called toge ther to give Her such Advice. The
Ministry
likewise will for their own Sakes be ready to promote what the
Parliament
steadily adheres to, as knowing that whilst they pursue what is the real Interest of the Nation, they take the likeliest Course possible to continue to themselves that great Power which they have already got.
Jan.
13. 172/3.
FINIS.
AN EXAMINATION AND RESOLUTION OF THE Two Questions following,
viz. First
, Whether Unfreemen can Vote in our Wardmote
Elections
.
Secondly
, Whether Freemen paying to one or more Scots, and not to all, shall be qualified to Vote in those
Elections
.
Humbly Address'd to Sir
WILLIAM THOMPSON
, Knight, RECORDER of the
City
of
LONDON
, AND TO
JOHN LINGARD
, Esq; Common Serjeant of the same.
By a
Citizen
.
Antiquam exquirite matrem
.
---- Virg.
London
: Printed for
James Roberts
, at the
Oxford-Arms
in
Warwick-Lane
, 1724.
GENTLEMEN
,
L
Ondinensis
some time ago treated of the Question relating to the negative Voice claimed by my Lord Mayor and Aldermen over the Common Council, and with some Success, as it seemeth:
Vid.
Letter to Mr.
Tims
.
That Author, towards the Close of his Treatise, told us of the Purpose he then had of giving us his Thoughts at the same time upon the Elections of CommonCouncil-Men, Aldermen and Sheriffs of this City, in the like Manner as he there did of the Negative Voice of the Lord Mayor and Aldermen, but that he was hindred therefrom by the Reason there given; since that, we have heard nothing from him upon that Subject: I have therefore adventured to undertake to speak of these Elections my self, with the same Intention and Design with which
Londinensis
spoke of the Question above-mention'd, in order, as much as in me lies, to clear and satisfy the Controversies about these Elections, which at present disturb the Quiet of the City; and I crave Leave to do so, worthy Gentlemen, under Your Names, Patronage, and Protection, because that will procure for me a fair hearing from my Fellow-Citizens, and add some Weight and Authority to what I shall say; for, before whom can I more properly speak of the Controversies of the City, than before you two Great Officers of the City? And before whom must I speak of them with greater Caution and Impartiality than before the same Persons, who are equally attach'd to every Branch of the Constitution of the City? And whose Protection, for the same Reasons too, I must neither desire or expect in this Undertaking, but as I shall fairly and honestly endeavour to deserve it.
The Election of Common-Council-Men, you know, is made in the Wardmote; the Wardmote is no other than a Court-Leet, held before the Alderman of the Ward, or his Deputy, at Times and Seasons accustomable.
Every Inhabitant within the Ward (except Peers of the Realm, Ecclesiasticks, Women, and Children under the Age of Twelve) ought to appear and answer there.
When he appears, he is bound to serve as Constable, Questman, Scavenger, or in other Quality as the Business of the Court requires.
The Jury ought to present or indict Offenders.
Offenders who break the Peace, or levy or suffer any common Nusance, and all other Offenders, accustomably presentable in a Court-Leet, I mean, in a City Court-Leet. For there is the very same Diversity observable betwixt a City Court-Leet and a Country Court-Leet, as betwixt a City Shower and a Country Shower, in the
Tatler
or
Spectator
: However, I need not repeat them to you in particular; they are so well known amongst us, from the Articles of this Court, annually printed and distributed in this City; I will but just mention Fornicators and Adulterers, which this Jury (above all others) may present at this Day; and hence it comes, that Women within the City may have an Action at Common Law for being charged with Incontinency, because of the Temporal Punishment they are liable to here for that Transgression. In other Places such Offenders are left wholly to the Spiritual Court.
And the Reason of the Difference, as I apprehend, is in regard to the Youth, which are committed to the Citizens here, for their Education in honest Crafts and Trades, more than to others in any other Place beside.
But to proceed,
These Presentments are to be made by Indenture betwixt the Jury and the Steward; and the Offenders, thus presented, are to be punish'd as in other Leets, without any Traverse or Plea to be put in to the contrary.
Offenders against Statute Law, as those Statutes direct.
Offenders at Common Law,
Particularly Brewers and Bakers, who break the Assize of Bread and Beer, with Pillory or Tumbrel.
Scolds, with cucking Stool.
Bawds (or lewd Women) are to be carted.
Generally, all other Offenders are to be amercied by the Jury, which Amerciament may be levied by Distress, by Warrant from the Alderman, or by Action of Debt.
I am very well aware, that now a-days the Mayor, in his Precept which he sends to the Alderman, to hold his Wardmote, directs, That the Inquest should return the Names of the Offenders, with their Additions and Places of Abode, that they may be prosecuted by due Course of Law: And that the Practice now is, when the Presentments are return'd to the Lord Mayor, in the Court of Aldermen, to bind some of the Jury over to appear, and prosecute the Offenders at the Sessions of the Peace; tho' this is but an Innovation, and can never be the antient Course or Institution,
First
, because these Court-Leets were far more antient than the Sessions of the Peace any-where, and more especially than those of this City; and therefore, what was found amiss by these Enquires, could never be referr'd to be redress'd, in a Court not then in being;
Secondly
, These Enquiries would be wholly useless and ridiculous, if the Jury, after they had presented the Offenders upon their Oaths, could not punish them themselves, but must, after all, turn Prosecutors against them elsewhere, in another Court; and there begin
de novo
; So much they might have done, surely, without such previous Enquiry or Trouble.
Besides, we are taught by
Liber Albus
(compiled in the time of
H.V.
) in the Chapter intituled
Wardmotum
, or
Modus tenendi Wardmotum
, That one part of the Wardmote Indentures shall remain with the Ward, and the other with the Alderman, who shall deliver in the same to the Lord Mayor, in the Court of Aldermen; where, after an Extract made of what (if any) may appear proper for the Mayor and City to execute, it shall be delivered back again to the Alderman, to be by him put in Execution in all other Articles thereof; which plainly discovers what was the antient Course of this Court. And the reason why this antient Course came to be altered, was, as I presume, because Presentments in Court-Leets, as hath been said, are not traversable, but the Offenders must submit to their Punishments without more ado, unless they will remove them into the
King's-Bench
by
Certiorari
: But Presentments at Sessions are traversable, and the Party accused may be heard for his Defence; and therefore, the Jury in favour of the People, have, of later times, as they have been instructed, only made Enquiry of the Offenders, and have referred them to be proceeded against at the Sessions of the Peace, within their own City, where they may traverse their Indictments, if they think fit. Yet this does not alter the Original Nature of the Court, but it is what it was notwithstanding, at least, in Construction of Law.
In this Court it is, that Elections of Common-Council-Men are made, though those Elections, strictly speaking, are no part of the Business of this Court. But when the Freemen of the City gave up their Folkmotes, and Common-Halls, where they used to transact the Business of the Corporation in Person, and were content to sit at Home, and send their Representatives from the several Wards to act for them in Common-Council in certain Cases, then, I presume, the Election of these Representatives came to be performed here, and with good reason; for where, or when could such Elections be supposed to be performed with more Conveniency and Satisfaction, than at the Time or Place, when, and where, not only the Freemen, (who however, ever did, and still do make up the more considerable Number there) but the whole People of the Ward were assembled together. Nevertheless the Election did not thereby become an Article of the Court-Leet, strictly speaking, wherein all the Inhabitants were promiscuously concerned, free or not free, but remained a separate Act of the Freemen only, by them performed there, openly, and before all the People, for the greater Ease and Solemnity. And this will further appear, if you observe, That a Wardmote taken as a Court-Leet, is a Collection of all the Inhabitants of the Ward (except before excepted) met together before their Alderman, as their Steward, to punish, or prevent Breaches of the Peace, and common Nusances,
&c.
But a Wardmote, considered for the purpose of an Election, is no other, than a Collection of the Freemen of the Ward met together before their Alderman, as such, to make an Election as Freemen. In the former Respect, the Business of the Wardmote concerns all the Inhabitants, as such, equally; but in the latter, it concerns only Freemen in that Capacity, and no other. Here, the Freemen do the Business of their Corporation before an Officer of the Corporation; There, the People do Justice to themselves before their Steward. Here, they perform their Suit and Service to the Crown as Subjects; There, they exercise a Privilege to them especially granted, as Mem bers of a Corporation: And this Diversity and Distinction remains in Construction of Law, notwithstanding the promiscuous Assembly of Freemen, and Unfreemen together; and notwithstanding in common speaking we call each Assembly indifferently by the Name of a Wardmote.
And for any thing I know, these Elections were first appointed in this Place from the Elections of Sheriffs, which anciently were, and the Elections of Coroners and Members of Parliament, which, to this day are made openly in the County-Courts, for the Reasons I just now mentioned.
2. Just. p. I 74
But these Elections of Sheriffs,
&c.
as often as there was occasion, were ever part of the Business of the County-Court from the Beginning; but our Elections were, in process of time, added to the Court-Leet, and therefore may with less Objection, be separated from it, or made without it, as the Election of Aldermen is made without it to this day, as I shall shew hereafter.
And yet, after all this plain reasoning, as to me it seems, some Gentlemen are pleased to make a doubt, and gravely state it as a great difficulty in some others which follow hereafter in a late serious Performance, "Whether or no, the Unfreemen have not a right to vote in these Elections"? But without any reasonable Ground or Foundation that I can apprehend.
But it is said, that the Unfreemen of the Ward are contributary to, or pay Scot, and bear their Lot in the City, and are bound and obliged by the Laws of the City; and therefore they ought to be concern'd, or to have some Share in the Government of the City, either by themselves, or their Representatives.
First
, You will hereafter find, that Aliens and Denizens were made contributary to the State of the City, and yet never therefore insisted to vote in our Elections.
Secondly
, the Unfreemen do indeed pay their Scot, and bear their Lot
within
the City, of the Publick Taxes and Offices of the Kingdom or Constitution, as Parish Taxes and Offices, Court-Leet Taxes and Offices,
&c.
just as they would be oblig'd to do, if they liv'd within any Court-Leet, in any Parish, in any County of the Kingdom; and for so doing, they have their Share in ordering of those Taxes and Offices; but they do not pay either Scot, or bear their Lot
of
the Taxes or Offices
of
the Corporation or City, properly speaking, or at least ought not so to do, as you may better observe hereafter.
As to their being bound by the Laws of the City; if by the Laws of the City, they mean such Laws as the City makes by Virtue of the Franchises of Court-Leets, and other Franchises granted to them, it is good Reason they should be bound by them, as all other Inhabitants whatsoever are, indifferently and without Distinction: But if by the Laws of the City, they mean such By-Laws as the City makes, merely as a Corporation, without the Advantage of any other Franchise or Power, then they are no more bound by them, than all other Strangers whatsoever; and yet such are bound by them in certain Cases. The Acts of Common-Council are local Acts, and bind Strangers as well as Freemen, within the Liberty of the City, in certain Cases; and if from thence any Privilege of Voting is to be deriv'd, by the same Way of arguing which these Objectors set up, all the World ought to vote in these Elections, as well as the Unfreemen of the Ward; because whoever comes into the City must be bound by those Laws in certain Cases, as I said before. Besides, I cannot find, but by our Constitution all Principals ever send abroad Representatives from their own Body, and of the same Quality with themselves; as Citizens send to Parliament Citizens, Burgesses Burgesses, and Freeholders their Knights of the Shire, and Com-peers; for that Reason, an Unfreeman cannot send a Freeman to Common-Council, as I apprehend: You may as well say, that an Unfreeman may sit there himself; where none such can sit, or ever did sit, except you, Gentlemen, the Recorder and common Serjeant, and other Officers of the City; but you and they, you know, sit there as Officers, and by way of Assistance, as there may be Occasion, and not as Members, to debate and vote.
It is farther urged, that the Unfreemen have ever voted at such Elections. If that was so, yet from the very Reason of the Case, I think it is a manifest Imposition, and that they ought to be excluded notwithstanding;
mala Consuetudo est abolenda
.
But how does it appear, that the Unfreemen have always voted as is pretended? No where that I can find; on the contrary, I find in
Lib. Alb.
in the Chapter above cited, that the Beadle is directed to return to the Alderman, at the Court-Leet, two Lists of the Inhabitants of the Ward; one, of the Freemen by themselves, the other, of the Unfreemen by themselves; to the End, (as the Act of Common-Council herein after mentioned very well explains it) that the Alderman might distinguish which of the Inhabitants are free, and which of them are unfree, that among those only he may proceed to the Election of Common-Council Men, and when all of them meet together, he may proceed to the general Business of the Court. And the same Book in another Place says,
"That the Mayor, upon a Vacancy of an Aldermanship, shall go to the Ward, and there by the Beadle shall summon all the Freemen of the Ward (
liberos inhabitantes Wardam
) before him, where they shall chuse an Alderman"
, or to that Effect, as shall be shewn more particularly hereafter: And why the Common-Council Men ought not also to be elected by the Freemen, exclusive of the Unfreemen, as well as the Alderman, I can see no Reason; for, the Aldermen themselves were annually elected by their respective Wards in antient Days, as well as the CommonCouncil Men; and though they are since establish'd for Life, yet their first Election is not thereby alter'd, but the same remains as it was before.
I very readily believe, that the Unfreemen might, sometimes by Stealth, Inadvertency, Design, or through Ignorance, vote in these Elections, and that in Process of Time, they might do so more frequently than at first, prompted perhaps thereunto by one of the contending Parties or the other, as well as their own Inclinations, as all Mankind are but too apt to pursue their Ends against their Adversaries, without scrupling the Means; but this Practice of theirs no sooner became notorious, but Care was taken by Act of Common-Council to declare in whom (in particular) the Right of Election resided, and to enjoin such Measures to Persons concern'd in such Elections, as one would have thought wou'd effectually have prevented the like for the future: And this happen'd in the Year, 1692. in the Mayoralty of Sir
Thomas Stamp
, when it was declared by Act of Common-Council,
"That it then was, and antiently had been the Right and Privilege of the Freemen of the said City only, being Housholders, paying Scot and bearing Lot, and of none other whatsoever, in their several and respective Wards, from Time to Time, as often as there had been, or should be Occasion to nominate Aldermen, and elect Common-Council Men for the same respective Wards. And, (the Act goes on and says) to the Intent and Purpose that due Care may be taken for the future, and all Persons for the Time to come may take Notice thereof, and proceed in such Elections accordingly, Be it Ordain'd"
, (conformably to the Directions before cited to you out of
Lib. Alb.
to this Purpose)
"That at all and every Wardmote hereafter to be held, all and every the Beadle and Beadles of the respective Wards of this City, shall and do prepare, return, and deliver to the Aldermen of the several and respective Courts of Wardmote, or to such Person as shall be deputed or authorized to hold the same, one List, to the best of his or their Knowledge, of all and every the Freemen Housholders as aforesaid, dwelling or residing within the several Wards of which they are Beadles, and of no others, apart and by themselves; and also, one other List, to the best of his or their Knowledge, of all and every other Housholders within the said respective Wards only, apart and by themselves, to the Intent that such Freemen Housholders, within the respective Wards only, as often as there is or shall be Occasion, may nominate Aldermen, and elect their Common-Council Men; and they, together with the other Housholders of the said Wards, may chuse their Constables, Scavengers, Inquest and Beadles.
And for the preventing all Errors and Mistakes touching the Premises for the future, and that this be duly put in Execution for the Time to come, Be it also enacted, that to all and every Precept and Precepts, hereafter to issue, and to be sent out for summoning any Wardmote or Wardmotes, this present Act be annexed and affixed; and that before any Nomination or Election (as aforesaid) be made at any of the aforesaid Court or Courts of Wardmote, the same shall be publickly and distinctly read, and declared to the Persons who then shall be and appear at such Court or Courts, and be duly put in Execution and observed."
Whether or not this so plain and express Declaration and Injunction made by Common-Council has been since constantly and uniformly complied with, I dare not take upon me to say: You, Gentlemen, can best tell that. As for my Part, I am inclin'd to believe that it has not, but that some Gentlemen notwithstanding either admitted or not admitted Unfreemen to vote in their Wardmotes, as formerly. However, some there were (with Thanks to them be it spoken) who constantly adher'd to the Act of Common-Council, and rejected the Unfreemen; in which Number, Sir
John Parsons
in his Life-time was always one, whom I here remember particularly, not only for this his Instance of Respect to the City, but more especially for the publick and selfdenying Spirit which he shew'd towards her in his Mayoralty, the Benefit and Advantage whereof she enjoys to this Day.
I very well know what is given out on behalf of those who since this Act have admitted the Unfreemen to vote in Elections (supposing that there were such who did admit them)
viz.
That an Act of Common-Council cannot take away the Votes of Unfreemen, and consequently such Act is utterly void and of no Effect for that Purpose; and I readily agree with them, that in case the Unfreemen have a good Right of voting, an Act of Common-Council cannot take it away from them: But this is begging the Question, and in all Questions, 'till they are fairly decided, give me Leave to say, one should reasonably expect that the Aldermen, above all others, should keep and maintain the Laws and Franchises of the City,
after their Wit and Power
.
There are other Questions lately moved, which are likely yet more to embarrass and confound our Elections, which, however, have not as yet, that I hear of, been applied to the Election of Common-Council Men, how soon soever they may be, but to the Election of Aldermen only; and therefore I shall defer speaking of them 'till I come to those Elections.
The Common-Council Men being elected and sworn before the Alderman, their Names are usually by him endors'd on the Back of the Wardmote Indentures, and therewith returned to the Lord Mayor, in the Court of Aldermen, the Head of the Common-Council, as well as of that Court; whence they are sent into the Town-clerk's Office, where Lists or Extracts are thereof made, and given to the proper Officer, who, by them, summoneth the Members to the Common-Council, as often as he receives his Orders.
I find indeed some Returns of Common-Council Men made in the Body of the Indentures, together with the Officers properly belonging to the Leet: But that Mistake has arose from the late Form of my Lord Mayor's Precept for holding the Wardmote, where he recommends the Choice of CommonCouncil Men amongst other Articles of the Leet; but from the Beginning it was not so, as may be proved by the Articles of that Court enumerated in
Lib. Alb.
Fol. where the Choice of Common-Council Men is not to be found.
In fine, for a Proof of what I have laid down about the Wardmote, and because, as I believe, it may appear new, at least to some, I will subjoin hereto the entire Article out of
Lib. Alb. de modo tenendi Wardmotum
, translated from the Original in
Latin
. See Appendix.
As to the Election of Aldermen, the same Book before cited says,
In eligendis Aldermannis consuevit Major ad Wardam accedere, quæ vacavit, & in loco, ubi solet Wardmotum illius Wardæ teneri coram se, si voluerit, convocari facere per Bedellum omnes liberos Inhabitantes Wardam prædict. & ibid. incontinenti, si voluerint & potuerint, vel per diem præfixum eligi debet Aldermannus per majorem & saniorem partem illorum
, &c. In chusing Aldermen, the Mayor uses to go to the Ward which is vacant, and to cause all the Freemen inhabiting the said Ward to be summon'd before him by the Beadle, in the Place where the Wardmote of that Ward is usually held, if he thinks fit, and there ought the Alderman to be chosen by the greater and better Part of them, either immediately, if they (then) will and can, or on a Day prefixt,
&c.
Whence you may observe, that the Lord Mayor upon this Occasion does not summon the People of the Ward to a Court-Leet, but barely the Freemen, to meet to make their Election, and that there is no Pretence whatsoever to call this a Court-Leet, nor to make the Election of an Alderman the necessary Part of a Court-Leet: Nor indeed have we any more Reason to call the Election of Common-Council Men Part of the Business of a Court-Leet, except only that it is usually made for the Reasons I before mentioned, when and where the Court-Leet is holden; and yet I dare be confident, that the making of this Election in the Court-Leet, where all the Inhabitants are obliged to be present, as well Unfreemen as Freemen, has created all the Difficulties which have so much puzzled and confounded our Understandings thereabouts, which, however, I have here endeavoured to unravel and account for, as well as I am able.
The Election being made, my Lord Mayor makes his Report of the Party elected to the Court of Aldermen, where he is sworn, and takes his Place amongst his Brethren.
But before I leave his Head, I must first speak to the Questions I just now hinted at, to have been lately moved in the Election of an Alderman, I mean the Questions moved in the Election for an Alderman in the Ward of
Breadstreet
, in the Year, 1718.
I shall not presume to look into the State of that Election; it has once before been put into a Course of Examination, which is now clos'd or relinquish'd, and I shall not go about
Quieta movere
: All I shall do, shall be to take thence the Questions which I just now made mention of, and to speak to them in the best Manner I can, without so much as remembring the Resolutions made thereon by the Court of Aldermen, or the Application that might be thereof made to the then present Case.
The Questions are,
First
, Whether paying of Scot is a general Contribution to all publick Taxes, and other Charges, in and upon the City of
London
, and the Inhabitants thereof.
Secondly
, Whether paying to the Poor's Rate, or any one, or two, of such publick Taxes and Charges, and not to all, shall be deemed and adjudged paying of Scot?
Thirdly
, And generally, what shall be deemed paying of Scot?
And here, before I proceed, I cannot but repine, that I had not the Opportunity of hearing the Debates of the Learned Gentlemen of the long Robe, who argued these Questions in the Court of Aldermen, whereby I might have formed and settled my Notions aright, touching the same; but I cannot so much as obtain any perfect Account of them, at least, not without more Enquiry than I think proper to make after them; for I dare say, neither of you Two, Gentlemen, would have endured to have been asked for any Account of what pass'd in the Court of Aldermen, especially in private Debate there; nevertheless I will proceed by myself as well as I can.
To begin with the last first, which, as I apprehend, ought more properly to precede than follow the other two.
First
, What shall be deemed paying Scot in general?
Scot
is no more nor no less than
Shot
, which is a Word still in use in many Places in the Kingdom, and signifies a single Part, Share, Quota, or Proportion of an Integral Summ, or Summ Total; to pay Scot therefore, literally speaking, is to pay our Part, Share or Proportion to the Integral Summ or Summ Total, and consequently Scot will be as various as are the Integral Summs themselves.
The Integral Summs which are for our Purpose are such as are assessable and leviable.
At Common Law,
By Charters, or
By Acts of Parliament.
At Common Law; such as the Rates for the Church, antiently and to this Day, assessable by the Church-Wardens and Parishioners of every Parish.
The small petty Rates and Sesses in Court-Leets.
Be they City Court-Leets,
In the City at large,
In the several Wards thereof, as Rates for Scavengers, Watch, for Lights,
&c.
Be they Country Court-Leets.
As Rates for repairing Highways, Causways, or Bridges,
&c.
But in Truth, these are not Rates or Sesses (properly speaking) but Commutations by general Consent for personal Services, or for what every Inhabitant is otherwise obliged to do and perform; as the Rate for the Watch is to hire Watchmen in the Room of our selves, the Rate for Lights, to hire Lamps instead of Lanthorns, which we are obliged to hang out,
&c.
and therefore to be ranked with Lots rather than Scots.
By Charters; such as were the Summs assessed and levied by a Corporation, under their Charter, upon every Member thereof, for the Support and Maintenance of the State and Dignity of the same Corporation, usually called
Tallages
in antient Charters.
Such Tallages antiently were frequent, and ran very high, higher by far than the Law at this Day will allow them, which has sunk them down to Quarteridges, necessary Fees to Officers, and small Mulcts for Transgressions; and they were sometimes leviable, as far as Charters could make them so, upon Aliens and Denizens, as well as Members of the Corporation.
The first Charter of
Edward
IV. grants to this City,
"That from thenceforth all and singular Merchants, as well Denizens as Aliens, abiding within the City, and the Liberties and Suburbs of the same, and exercising Merchandizing or Occupations there, by any Means, by themselves or others, tho' they be not of the Liberty of the City, shall be Partakers, shall be taxed and contribute, according to their Faculties, in Subsidies, Tallages, Grants, and other Contributions whatsoever, by any Means to be assessed for the Need of us or our Heirs, or of the City, for the Maintenance of the State and Profit of the same, with the Citizens of the same City, with a
Salvo
to the Liberties of the Merchants of
Almain
.
The 21
Hen.
VIII. c. 16. [sect]. 15. directs,
"That all Strangers, Artificers, and Denizens, dwelling in any City or Town within this Realm, shall bear, pay and sustain Scot, Taxes, Tallages, Subsidies, Prests, and all other reasonable Exactions from time to time, as the Masters, Wardens, and Companies of their respective Crafts for the time being, shall be bound to pay, bear and sustain, when any Subsidy, Tax, Tallage or Prest, or other reasonable Charges, shall by the Mayor and Aldermen of our City of
London
, and the Mayors and Aldermen of our said other Cities and Towns, or by the Common-Council of the said City, Cities, and Towns, of and for any Charges of Payments of Money, to be paid by the Companies of the said Crafts, Citizens of any City, for any Payment to be made to the King's Highness or his Heirs, or else to be paid for any Cause concerning the Common-wealth of any of our said Cities or Towns, or Common-wealth of the said Artificers, and said
Strangers shall pay all the same that they shall be assess'd or taxed to pay as Contributories
with the said Companies, being our Subjects, as our said Subjects shall be assessed and taxed to pay: And if any of them
shall deny or refuse the same, or any Part thereof, then
he or they denying or refusing so to do, shall not only lose the Benefit of the Decree in that Act mentioned, but shall not any longer occupy any Handicraft,
&c.
or to that Effect.
But these Tallages or Taxes are now curtail'd, as I said before; nor in Truth, is there any such Need of them as formerly there was, since most Corporations have at last gained good Estates to support themselves withal, either by Purchases or Gifts.
The last of these Tallages that I find assessed in this City, was in the Year, 1681, in the Mayoralty of Sir
William Pritchard
, and consisted of four Fifteenth, at
500l.
each, for Repairs of the Conduits, publick Stairs or landing Places, and other publick Works of the City; but by that Time of Day the Reputation of Corporation Power for such Purposes was very much declined, and the City becoming more and more obnoxious about that Time, not much of it, I believe, was ever collected, and none hath been assessed ever since, that I hear of; and to speak freely, I doubt it would be too Parliament-like for us to attempt to make Assessments of this Kind.
This Tax, I must own, was assessed upon the Inhabitants promiscuously, free and unfree; and I believe, the former Taxes of the like Kind may be found to have been so assessed too: But this must have been done, as I conceive, under Pretence of the Jurisdiction of the Court-Leet, or other Powers claimed by the City from antient Grants, Usage or Custom; for I cannot comprehend how a Corporation, as such, can bind or oblige any but their own Members, except in small-minute Instances, nothing comparable to the Instance before us; as to cause all Strangers to bring their Cloth to
Blackwell Hall
, as to a publick Mart, to be sold under a small Penalty,
&c.
And I do not know, but this might be one Reason why in these latter Times the Corporations or Companies chuse to surcease such Assessments, and to confine themselves wholly to small Quarteridges or Fees, &c. which, you know, confessedly fall upon Members and none else, except some small Pains in certain By-Laws, in certain Cases, as hath been said before.
By Statutes,
For Publick Service,
Land Tax, Window Tax, and Tax for Trophy Money,
&c.
for the other Part thereof which concerns fitting out of Soldiers must be ranked amongst the Lots, for the Reasons I just now mentioned, and not amongst Taxes or Scots strictly so called.
For more private Use.
In this City especially, the Orphans Tax, Rates for Scavengers, Repairs of Sewers,
&c.
For these are now with us become Parliamentary.
In every Parish, Rates for the Poor, 43.
Eliz.
c. 2.
And of these Taxes, Tallages, or Rates you observe,
Some are assessed amongst the Persons themselves, from whom they are to be collected, as Rates for the Church and Poor, Sesses in Court-Leets,
&c.
Others again by special Commissioners, under divers Acts of Parliament, with or without the Help of other Assessors.
With Assessors, Inhabitants of the Place where they are to be collected, as the Land-Tax throughout the Kingdom, by the Inhabitants of the Town or Parish whence it is collected. Orphans Tax, and Rates for Scavengers and Sewers, with us, with the Help of the Deputy and CommonCouncil Men.
Without other Assessors, as the Trophy Money, by Lieutenants or Deputy Lieutenants, without more; Corporation Tallages, by such as they do empower for that Purpose.
Again, these Taxes, Rates or Sesses,
Some of them are originally assessed upon Countries or Cities respectively, and thence subdivided and charged upon lesser Districts.
In Countries, they are subassessed upon Townships, Parishes or Hamlets.
In Cities, upon Wards and Precincts, as with us.
Some, by way of Companies or Fraternities, and not by way of District, as hath been the way with us, sometimes in certain Cases.
Some are originally charged upon Wards, and thence upon the several Inhabitants.
Some are originally Parochial, as Sesses for the Church or Poor, and
Some are transitory, as I may call them, as Corporation Tallages, which follow Freemen only.
Some of them belong to the Tenants or Occupiers, as Rates to Church or Poor,
&c.
And others to the Landlords only, though paid by the Tenant, as the Land-Tax, and Tax for the Militia,
&c.
at least some Part thereof respectively.
The Use of all this you will see immediately; at present I shall only add, that such as are the various Taxes, Tallages, Rates and Sesses, such are the various Scots, for all Taxes are made up by several Scots or Proportions thereof, paid by such as are scotable thereto.
I come to the other two Questions, which I shall consider together; for, as to me they seem, they are one and the same, the latter being only an Explanation, or an Exemplification of the former,
viz.
Whether paying of Scot is a general Contribution to all publick Taxes and other Charges in and upon the City of
London
, and the Inhabitants thereof; as for Instance, (for so I crave Leave to join the Questions) whether paying to the Poor's Rate, or any one or two of such Publick Taxes and Charges, and not to all, shall be deemed and adjudged paying Scot, (and I crave Leave to add farther) so as to entitle the Person so paying to a Vote in the Election of an Alderman,
&c.
in this City, where the Charter is supposed to appoint, that every Voter in such Case must be a Housholder, paying Scot,
&c.
for that is the sole Drift of the Question.
In these Questions it is presumed and taken for granted, that the Act of Common-Council has justly declared,
"That it is the Right of the Freemen of the City only, being Housholders, paying Scot and bearing Lot, and of no other whatsoever, in their several Wards, to nominate and elect their Aldermen and Common-Council Men"
. And I find that by the general Opinion Scot and Lot is applied to Scot and Lot within the City generally, and not confined to Scot and Lot, (
videlicet
) the Tallages or Offices of or in the City or Corporation, strictly speaking, as some Authorities seem to countenance, and perhaps not without some Shew of Reason; for who would suspect that paying Scot and bearing Lot in a Parish or Court-Leet, within a City or Corporation, should be required to qualify a Freeman of a Corporation to vote in the Elections of Corporation Officers, any more than the paying Scot and bearing Lot in the
Mercers
Company (that is, paying to the Tallages, and bearing the Offices of that Corporation) should be required to qualify a Member of the
Skinners
Company to vote in the Election of Officers in that Company, (there being as great Difference betwixt Parishes and CourtLeets and Corporations, as betwixt Company and Company?) But I can easi ly conceive why paying Scot and bearing Lot in a Corporation or Company should be required to qualify a Member of that Corporation or Company to vote in the Elections of that Company or Corporation; but this by-the-bye. I shall go on with the general Opinion, as being the best and safest Way.
This said, I hold that paying to any one of these Publick Taxes or Sesses, especially such an one as is assessed by the Inhabitants on their Neighbours, (be it a publick Tax, or Royal Aid Ward-Tax, or Parish-Tax) does qualify a Freeman to vote so far as that Article requires; but we must remember that a complete Voter must also be bearing Lot as well as paying Scot; and then we have the Question entire before us.
You observe that the Act says,
paying Scot
, not
Scots
;
bearing Lot
, not bearing
Lots
, in the Plural Number.
To bear Lot, is by all understood without Controversy to signify, to bear the Offices of the Place, as they shall fall to one's Lot or Turn; and yet no-body, that I hear of, contends that before a Freeman shall be capable to vote, he must have born all the Offices of the Parish, Ward, and City: And if so, why should you require him to pay all Scots, any more than to bear all Lots, before you will deem him capable to vote; since both Qualifications are equally required, and by one and the same Phrase, or Manner of Expression, (
videlicet
) That he shall be a Housholder paying Scot and bearing Lot, not one who hath paid all or every Scot, or born all or every Lot?
In short, whatever Housholder has been scotted, and hath paid his Scot, or hath been called to his Lot, and hath born it or is bearing of it, he is,
ipso facto
, entered or enlisted amongst the able and sufficient Housekeepers, and that by their own free Judgment or Choice; his is by them pronounced to be
Homo idoneus, probus, & legalis Homo
, i.e.
A fit and able Person
; and thenceforward he may properly be called a Contributor, or an Auxiliar to the State of the City; he has entered upon Duty or Service, and is paying his Scot and bearing Lot; he is in
Scotto & Lotto
(as the old Books describe him) and therefore shall be entituled to the Privilege consequent thereupon; for why shall it not thenceforth be supposed, that he shall be scotted to and pay one Scot as well as another, and bear one Office as well as another? But if when he is scotted or called to his Lot, he excuses himself therefrom, or if after he hath been scotted to one Scot, or born one Lot, he is excused from Inability from any other Scot or Lot, then he can no longer be said to pay his Scot and bear his Lot, and consequently must not expect to enjoy his Privilege any longer; but in the mean time, and 'till this appears, surely I should think he ought not to be debarr'd therefrom: Farther also, if he be scotted to one Scot, and pays that, but happens afterwards not to be scotted to another, but without any Imputation of Inability, but through Neglect, Inadvertency, or Design of others, I think in that Case he ought not therefore to be excluded from his Privilege.
If you say that it will be difficult to discern, when he is omitted to be scotted from Inability, when by Neglect,
&c.
I know no better Rule to judge by in this Case, than in Thousands of Cases of the like Nature, (
videlicet
) by the Circumstances thereof; if the Person be of visible Ability, has made no Application either by himself or Friends to be excused, I think the
Omission
ought to be judged a Neglect,
&c.
So, on the other side, if he has made Application by himself or Friends to be excused, and is not of visible Ability, the Omission may be fairly construed to proceed from Inability: But if you will still go on to put more Objections with less distinguishable Circumstances, I answer them all at once, we must judge as well as we can upon the Circumstances of the Case.
What I have here laid down is, as I apprehend, well warranted by the Reasonings and Practice of those on the other Side of the Question.
If a Freeman has paid all Scots they admit him to vote, as I am inform'd, though he has born no Lot at-all; I presume for the Reasons just now mentioned, (
viz.
) If he has paid Scot, why should he not be supposed to be able to bear Lot when it comes to his Turn? and that's enough. And so say I, if he has born Lot, why shall he not be presumed to be able to pay Scot when he shall be scotted thereto? And if he has paid one Scot, why shall he not pay another? It must be confess'd, both of us have baulked the Words of the Text, which is
paying Scot
, and
bearing Lot,
uno statu
; but if Construction helps in one Case, why not in the other, and the rather in our Case than in theirs; for that we incline to assist the Freemen in the Use of their Privileges, they endeavour to cramp them in the Exercise thereof; we are in favour of common Right, they against it.
I know a great many curious Questions may be put under this Head, and perhaps with Difficulty enough; but the like and greater may be put upon their Hypothesis, and we hope our Hypothesis will appear as reasonable as theirs, and will be attended with fewer Difficulties than theirs, as will be seen hereafter.
What we have laid down is conformable also, as I apprehend, to the Sense of diverse Acts of Parliament.
First
, The 21
H.
8.
c.
16. [sect]. 15. before cited, which puts Strangers or Denizens, Artificers, upon the Level with Natives, in point of Charge or Scots, says, That the said Strangers shall pay all the same (
scilicet
, Scots, Taxes, Tallages,
&c.
there spoke of before)
that they shall be assessed or taxed to pay
; but surely they shall not lose the Benefit of that Act for not paying what they were not assessed or taxed to pay, without any Defect or Default in them.
By
H. Pl. Cr.
p. 97. it is directed, that in Case of Felony there shall be Bail given, two at least, in Respect of their Number, and in Respect of their Ability, two Subsidy-Men,
scilicet
, such as paid to the last Subsidy (which was a royal Aid granted to the Crown by that Name, upon the personal Estate of the Subject) without further Payments.
By the 3 and 4,
W.
and
M. c.
11. touching the Laws of Settlements, it is enacted, That if any Person shall come to inhabit in any Parish, and shall there execute any publick, annual Office, or shall be charged with, and pay his Share towards the publick Taxes or Levies of such Parish, he shall thereby without more be adjudged to have a legal Settlement: if he executes any one single annual Office, or pays his Scot to any one of the publick Taxes, tho' to no more; and tho' the Words in the Statute are, shall pay his Share to the publick
Taxes or Levies
, which is stronger by far than our Case, yet shall he be irretrievably settled in that Parish,
a fortiori
, shall an Inhabitant in the like Case be entituled to the Benefit of the Privilege we are speaking of, by bearing a single Lot, or paying a single Scot?
By
7 W.
3
c.
18. for laying Duties upon Houses, [sect]. 29. it is directed, That such Houses, where the Occupiers, by reasons of Poverty, are exempted from the Taxes to Church and Poor, shall be excepted out of that Act, thereby making the Payment or Non-Payment to those two Taxes a sufficient Test of the Ability or Non-Ability of the Inhabitants without more.
What I would infer from all this, is, that the Law stating the Sufficiency, Ability or Qualification of the Subject, for certain Purposes in certain Cases, states it from the Payment of one single Scot, or the bearing of one single Lot, as I have before laid down in the Case before us.
Hereto I might add, that it has been the constant Usage of the City, for above these hundred Years, as I am informed, to admit all Freemen to vote in the Elections here before us, who had paid to the Church and Poor (which in Fact are but one and the same Scot in the City, and are assessed together) without more till very lately.
I must confess, that I do not find, that the City ever allowed a Freeman to vote upon bearing Lot only, without paying to the Church and Poor: But I believe that that Case seldom or never happened; neither is it likely to happen, because the Inhabitants in common Practice never bring a Stranger into Offices till he has lived some time amongst them, by which time they have determined of his Sufficiency or Insufficiency in their Taxes or Sesses: However you observe what the Act of Common Council declares, and what Construction I have endeavoured to put thereupon, which I submit to you; and I was willing to draw this Case forth into Light, least it might be kept locked as a Fountain of fresh Difficulties and Questions, to be hereafter unlocked, as Occasion may require.
Having now done with my own Hypothesis, I proceed to examine theirs on the other side.
They maintain, that paying Scot is a general Contribution to all publick Taxes, and other Charges in and upon the City, and the Inhabitants thereof; and consequently, no Freeman can be admitted to vote within this Article or particular Qualification before he has paid his Scot or Contribution to all the public Taxes and Charges,
&c.
From what Authorities they maintain this, I know not; not
ex vi vocis
, or from the Words of the Text, for that is paying Scot only.
I am as much at a Loss to know how they reconcile this Tenet of theirs under this Article, to their Practice, under the other Article or Qualification, that of bearing Lot; when, as hath been said before, they admit a Freeman to vote before he has born any Lot at all; however, long before he has born all Lots.
I know it may be said, that all Freemen cannot bear all Lots, there will not be room for them; neither say I, can Freemen reasonably pay Scots they are not scotted to, and therefore they cannot escape this way.
I will produce all the Authorities which make for them that I can find, for I am endeavouring, as much as in me lies, to satisfie the Questions, not to confound or perplex them.
The antient Form of the Oath which a Freeman takes at his Admission, runs,
"That you shall be contributary to all manner of Charges within this City, as Summonses, Watches, Contributions, Taxes, Tallages, Lot, Scot, and all other Charges, bearing your Part as a Freeman ought to do.
Per 7. Chr. H.
1. Tested 8
July,
Anno Reg.
12. It is (amongst other Things) directed,
Quod omnes & singuli in libertate Civitatis prædict. existentes, & libertatibus & liberis Consuetudinibus ejusdem Civitatis gaudere volentes, sint in Lotto & Scotto, & participes omnium Onerum pro statu Civitatis ejusdem & pro libertate ejusdem manutenend. juxta Sacramentum quod fecerunt quando ad libertatem illam admissi fuerunt; & qui hoc noluerit, libertatem ejusdem Civitatis amittat; & quod omnes & singuli de libertate Civitatis illius existentes, & extra eandem Civitat. manentes, ac per se vel suos Merchandizas suas infra dictam Civitatem exercentes, sint in Lotto & Scotto cum Communiariis ejusdem Civitatis pro Merchandizis suis prædictis, vel aliter à libertate sua amoveantur
.
"That all and every Person or Persons who are free of the said City, and who are minded to enjoy the Privileges and free Customs of the same City, shall be in Scot and Lot, and be Partakers of all Burthens for the Maintenance of the State of the same City and the Liberty of the same, according to the Oath which they gave when they were admitted into their Freedom; and those who shall refuse so to do, shall lose the Freedom of the City; and that all and every Person or Persons who are free of the City, and abide without the City, and by themselves or Servants exercise Merchandize within the City, shall be in Lot and Scot with the Commoners of the same City, for their Merchandize aforesaid, or otherwise they shall lose their Freedom.
In
Lib. Alb. Papyr.
(in the Chamberlain's Office)
Anno Regni Edw. filii Edw.
15 it is entered, that one
Nich.
le Vieille Mercator de Amydas
, was admitted and sworn Freeman of the City in the Hustings of Pleas of Land,
die Lunæ prox. post Fest. Sancti Gregorii Papæ
, before the Mayor, Aldermen, &
Communitate
there; and the Entry in the Close thereof says,
Et hæc Libertas ei valeat dum infra Libertatem morari vult & ad Scottum & Lottum inter aliaos Con-Cives, aliter pro Extraneo reputetur & habeatur
. Let his Freedom avail him so long as he abides within the Liberty of the City, and is in Scot and Lot with the rest of his Fellow-Citizens (for such must be the Sense, tho' the Words are only to be conjectured at in this Place) otherwise let him be deemed and held for a Foreigner.
In the same Book there is another Entry, setting forth, that in the Court of Hustings of Pleas of Land, held
die Lunæ prox. post Sancti Johannis ante Portam Latinam, Anno Regni Regis Edw. filii Edw.
16. a Letter was read from his Majesty under the Privy Seal, directed to the Mayor and Aldermen, requiring them to admit one
Anthony Citron
, Merchant, into the Freedom of the City, and to excuse him from Tallages and Contributions for two Years to come; to which Letter, says the Entry, no Answer was returned. Some Time after, in the same Hustings,
scilicet die Lunæ prox. post Festum Sancti Augustini Anno prædicto
, comes the same
Anthony
, (says the Entry) and brought another Letter from his Majesty under the Privy Seal again, requiring them to admit the same
Anthony
into the Liberty of the City, according to the Tenor of his former Letter; whereupon
Anthony Citron
was admitted and sworn; and the Entry goes on and says, that the said
Anthony
renounced the Benefit of Part of his Majesty's Request, and agreed thenceforward to become contributary
ad omnia Onera Civitat. tangent.
to all Burthens touching the City.
I need not give a particular Answer to every one of these Authorities; they all tend to prove that the Freemen shall be in Scot and Lot, and be contributary to the Maintenance of the State of the City, upon Pain of having their Freedom taken from them. And very likely there may be found in the Outer Court Informations of Disfranchisements of Freemen for refusing to pay their Scot and bear their Lot, if it was well searched. But it can by no Means, as I humbly conceive, be concluded from these Authorities, (and I neither have, nor hear of any better) that a Freeman before he votes, must pay all Scots, any more than he must bear all Lots: The utmost that these Authorities require (how far soever extended) is that a Freeman ought to pay the Scots which he shall from Time to Time be scotted to, and bear his Lots as they shall come to his Turn, for fear of Loss of his Freedom, or what is worse; within the Meaning of these Authorities, it is enough for him to do his Duty of all Kinds when it comes home to him; he is not required to go out to meet it, or to anticipate it before his Time; and in truth, these Authorities do rather clear and enforce what I have advanced,
than
contradict or weaken it.
But let us consider the Consequences of this new Doctrine of theirs.
Suppose then that a Freeman has paid all Taxes and Charges of the City, and continues of the same Ability as before, for any thing that appears to the contrary, but hath not paid to the Orphans Tax, because he was not assessed thereto, nor was the same demanded of him; shall he therefore not be admitted to vote? No, he shall not, for paying of Scot is a general Contribution to all Taxes and Charges,
&c.
without Exception. What, when he was not assessed or scotted thereto? No matter for that, he must bring himself within the Qualification at his Peril, and that you know is to contribute to all Taxes and Charges,
&c.
But there are many Taxes and Charges mentioned before, as Sesses for Church and Poor, the Subsidy Part of the Land Tax, Window Tax, Trophy Tax, Tax for repair of Sewers; and the Number is still increased by those who call the Commutations for Watching, and the Duty of Scavengers, Taxes; and so may they call the Payment to Lamps by the same reason; must every Freeman contribute to every one of these Taxes or Sesses before he shall be admitted to vote, whether he be called upon for them or no? Yes, this is his Qualification, and he must make it good before he can vote. Suppose the Sess be too small reasonably to admit of so many Divisions as there are Freemen, Housekeepers; or suppose the Assessors, through Kindness neglect, or for a worse Reason (be they the Deputy and Common-Council Men, or other Assessors, or the Lieutenancy themselves) should omit to assess a Freeman Housekeeper to any of their Assessments or Taxes, without any Application from him, or without his Privity; or suppose the Collectors should omit or defer to make a Demand for any of these Taxes; must the Freeman lose his Right to vote for that reason, though he was ready to have paid this as well as all the rest, if it had been demanded? If they will be true to their own Principles, he must lose his Vote and cannot be admitted, for he must make out his own Qualification at his Peril. At this rate the Freeman's Right of voting is most precarious, it lies purely at the Good-will and Pleasure of the Commissioners, Assessors and Collectors severally, and they may debar him of it whenever they or any of them pleases; and that will be as often as he shall be presumed to be resolved to vote against them: Surely this Doctrine is as strange as it is new.
For an Answer to these Questions, I have heard, that it has been said, that a Freeman to preserve his Vote, must go to the Commissioners and Assessors and demand to be scotted, and such Demand will avail him as much as if he had been scotted: But must not he also go to the Assessors and make tender of a competent Scot, before he has sufficiently secured his Vote? I presume he must; for he must not only be scotted to, but must pay all Scots, for to pay all Scots without being scotted to them, or to be scotted to them and not to pay them all, is equally deficient.
This is an Errand the Citizens, I dare say, were never sent on before: If this Doctrine did but once sufficiently prevail, it would save a great deal of Labour and Pains both to the Assessors and Collectors; for twice every Year at least, when the Assessments are settled and to be collected, we should have all the City in an Uproar, especially upon the Prospect of an Election, running to and fro as in the late Swearing time, to be satisfied whether or no,
they
they were assessed or no, and to tender their Assessments; a very notable Hint indeed how to get in the Sesses, which may be improved upon hereafter to great Advantage. But to go on:
1. This voluntary Demand and Offer will do the Freemen no Service at all in this Case, as I apprehend; for, it is the Judgment the Neighbourhood passes upon his Sufficiency by scotting and lotting him, and his Acquiescence under that Judgment without farther Appeal, that must avail him in this Case, and not his voluntary Demand or Offer: So it is in the Case of a Settlement; it is his being scotted or lotted in a Parish, and his paying that Scot and bearing that Lot, that creates an Inhabitant a Settlement, which is not be gained by a voluntary Demand or Offer on his Part.
2. How shall the Freeman know who are the Assessors or Collectors, or when they will set about to assess or collect? For since it so much concerns him to watch them, and there are so many of them, and they all act separately, he had need have ready Means to come at the Knowledge of these Particulars. I know that a Freeman, who is or ought to be present at a Corporate Assembly by himself or his Representatives, is obliged to take notice at his Peril of what concerns him in that Assembly, and so perhaps is a Parishioner obliged to take Notice of Assessments to the Church made at a regular Vestry, whereat he is or ought to be present; but here he has no Share any way in appointing Assessors or Collectors, or in fixing or settling their several Times or Seasons of acting, except in the Assessments last mentioned, and consequently cannot be obliged to take Notice of them or their Proceedings before they come home to him; and to build a Freeman's Right of Voting upon such a Foundation, is to build it upon a very sandy one.
I will therefore conclude, that to pay to any one of these publick Taxes or Sesses, and not to more, under the Limitations I before laid down, does sufficiently entitle a Freeman to vote in these Elections; and for that Conclusion, I think I have, in all candid Construction, the Practice of the Presidents themselves of these Elections on my side, who, as I am informed, generally if not always, 'till lately, admitted a Freeman to vote who had paid to the Church and Poor, without more; and that you know, as I said before, is in Fact, and as it is generally levied within the City, but one and the same; but it is assessed by the Generality of the Inhabitants, and not by a few Assessors, as the other Payments usually are; and in that Respect is justly preferred for a Rule above others: And indeed I cannot but wonder how this so reasonable and current a Practice and Usage came to be so easily over-turned, without any Resolution or Authority at Law whatsoever.
But you may justly observe (and I doubt not but you have done so often by this time) what avail my Sentiments in these Questions? Do I expect that the City will be governed by them? Far be it from me to conceit any such thing; if either of you two Ingenious Gentlemen would openly declare your Opinion in these Questions, no less than what is suggested might reasonably be expected to ensue thereupon, but not upon the Opinion of a private Person. However, I have stated these Questions candidly and fairly to the best of my Apprehension, and have given you my best Reasonings thereupon, I hope without giving Offence to any one. Whoever conceives differently of them, let him say so with all my Heart, let him be with me or against me, I shall look upon him to co-operate with me to the same good End; by this means at least both Sides will see more clearly to provide against a fair Tryal at Law; which, in my Opinion, will more effectually settle these Questions than any other Method whatsoever; for, as the good and wise St.
Germen
says, B. 2. c. 38. fo. 138.
Upon a Case alike complicated as this is, if any Statute was made therein
, (says he)
I think verily more Doubts and Questions would arise upon that Statute, than doth now when they be only argued and judged after the Common Law
.
We come to the Election of Sheriffs.
This Election is made in a Common Hall every
Midsummer-Day
; the Common Hall is summoned by my Lord Mayor, but held and adjourned from time to time as there may be Occasion, by the Sheriffs 'till the Election is ended; the Election being ended (be it by View, Poll, or Scrutiny) the same is by the Sheriffs declared to the Common Hall, and thence by them reported to my Lord Mayor, who comes and repeats the Report to the Common Hall, and then dissolves the Assembly.
The Persons elected are obliged under Pain and Peril that will ensue thereon, to enter into a Bond to appear on the
Hustings
, on the Eve of St.
Michael
, and then and there to take upon them the Office of Sheriffs: To save their Bond they appear accordingly, and take their Oath of Office before my Lord Mayor, and so enter upon Duty.
Here I do not find any Dispute at present about the Qualifications of the Electors in this Election. It is by all agreed, that the Right of Election rests with the good Men of the Livery of the several Companies of this City: The only Complaint is, and that a very just one, That some wicked People personate the Livery-Men, and Poll for the Absent, the Dead, or for such as do not Poll at-all; and Poll for all these twice over or oftner,
&c.
and this cannot be denied: However, I am ready to acquit all the Citizens of any Rank or Condition (of what Denomination soever) from assisting in such Contrivances; who, I am confident, do all of them abominate them, and none of them more than the worthy Gentleman, in whose Favour it must be confess'd many of this Crew polled in a late contested Election amongst us, more than on the other side; and must lay it upon the lowest of the People, who so long as they do but manifest their blind Zeal for the Candidate they affect, do not (as they ought to do) consider his Credit, for as for their own they certainly have none to risque.
But I have often heard it said, That all this may be prevented by an Act of Common-Council to poll the Livery-Men in such Elections by their several Companies, in the Presence of their Master, Wardens, Clerk and Beadle, some one or other of whom cannot but know all their own members, and distinguish them from Strangers: And I believe such Act, made to regulate populous Elections, to preserve Order, and to prevent Abuses, settled by proper Advice, may be good and binding. But of this, and the Partition of Power betwixt my Lord Mayor and Sheriffs in this Election, more hereafter, as there may be Occasion.
From the Qualifications of the Electors I should now go on to consider the Power of the several Officers who preside in these Elections; and,
First
, Of the Use and Abuse of that Power; and under this Head I designed to have drawn a faithful Comparison betwixt the Behaviour of the late Sheriffs, so often spoken of, in the Election of their Successors, and the current Practice for some time settled and established in the Wardmotes, in the Elections there; and should have left it to you, to have judged whether this is not as bad as that, and was not in Truth the Precedent and Encouragement for it.
Secondly
, The several Remedies to the Parties injured upon the Abuse of that Power, and of the Difficulties which clogg or incumber those Remedies.
In the
Third
Place, I should have bestowed some Thoughts how we might for the future prevent the Inconveniencies and Mischiefs observable in our Elections; with a Corollary or Conclusion from the whole, shewing who ought reasonably to be esteemed the Patrons of the City, and of the Liberties and Privileges thereof, and who not; but to do all this would extend my Letter beyond all Measure, and would quite tire out your Patience; of these several particulars therefore the next Opportunity, if some Gentleman does not in the mean time relieve me, as I have done
Londinensis
: So here at present concludes the Essay of, GENTLEMEN,
Your Humble Servant
,
John Trueman
.
Kingstreet, October
20th, 1724.
The Chapter of
LIB. ALB.
Of the Manner of holding the Wardmote, herein before referred to.
THE Wardmote is the Assembly of all the People of the Ward, duly summoned and met together in the Presence of the Alderman or his Deputy, as their Head, to reform what is amiss, to remove Nusances, and to promote the Good of the Ward: What we now call a
Wardmote
, the
Romans
antiently called
Plebiscitum
, and the
Saxons Folkmote
. The Aldermen used once in a Year at least, twice or ofner, to hold their Wardmotes by Virtue of Warrants from the Mayor for the Time being to them directed; In which [Wardmotes] Enquiry used to be had of the State and Condition of the Peace of the Ward, and Reformation made by the Aldermen of what was found amiss, as hereafter shall be shewn. The Manner of holding a Wardmote in
London
useth to be this.
"The Alderman, after the Receipt of his Warrant, makes out his Precept to the Beadle, requiring him to summon all the Housekeepers and hired Servants (
Servientes mercenar'
) of the Ward to appear before him at a certain Day and Hour (suppose the next Day after the Summons) in a Place certain within the Ward, to hold their Wardmote; after the Beadle hath summoned them, he writes their Names in a Roll,
viz. The Names of the Freemen of the City, Resients within the Ward by themselves, and of the hired Servants
(
Famulorum mercenar'
)
which are not free by themselves
, and when they are met together at the time appointed, before the Alderman, sitting with the chief of the Ward in their several Places about him
: The Alderman's Clerk, in the Name of the Alderman, commands the Beadle to cry
Silence
; which done, the same Clerk reads openly the said Warrant, and then dictates the several Names set down in the Roll to the Beadle, who calls aloud the same Names in their Order, to the End that he that does not there answer to his Name, may be marked and amercied Four-pence at the least; next, the Beadle presents to the Alderman a Pannel of the Good Men of the Ward, returned by the Constable of the Ward to be of the Jury, which Pannel the Alderman may amend or alter as He sees Occasion, otherwise the same shall stand; after this, all the Articles of the Wardmote set down in the
30th Fol. of the second Part of the Third Book of this Volume
, are repeated to the Jury; and thereupon Day is given by the Alderman to the Jury to bring in their Presentments, at which Day the Jury present to the Alderman their Verdict by Indenture; one Part whereof remains with the Alderman, and the other with the Ward: The Alderman takes and carries his Part before the Mayor at the next General Court, where after Examination had, and Extract made of what (if any) belongs therein to the Mayor and City to reform, the same Indenture is deliver'd back again to the Alderman, to be by him put in Execution in all the other Articles thereof. And at the Wardmote are chosen, by the Alderman, good Men of the Ward, and by the Jury, Constables, Scavengers, Aleconners, Beadle, and other Officers, who at the General Court aforesaid ought to take the Oaths proper for their several Places, set down in the
26th Fol. of the Second Part of the Third Book of this Volume
. The Beadle ought to certify to the Alderman particularly the Names of Hostellers, Maltsters, Bakers, Cooks, Victuallers, and Alehouse-keepers, resient within the same Ward: The Bakers ought to bring thither their Marks, which the Alderman is to take off into his Paper for a Sample, for which every Baker pays him 4
d.
unless he has happened to pay the same Alderman in the same Ward before for taking off his Mark: The Aldermen used to seal all Weights and Measures within their Wards, and to condemn such as are not sealed, taking for their Seal what the Chamber now takes; for the Alderman's Brasen Measure, which is kept in every Ward, agrees with the Royal Standard of the City: And at the Wardmote, all those who are not free of the City, and who have not been sworn there, must be placed in one Frank-pledge or other,
notwithstanding
that they were received into Frank-pledge elsewhere in other Wards, and they shall take the Oath which is taken upon Admission into Frank-pledge, and is to be seen 26th Fol. of the Second Part of the Third Book of this Volume; and every one that is so received into Frank-pledge, shall pay a Penny to the Clerk for his Entrance; and if any such absent himself from the Wardmote, he shall pay 4
d.
to the Alderman, unless it be a Knight, Esquire, Woman, Apprentice of the Law, Clerk, or some other who hath no abiding City or Habitation here: And the Alderman himself ought to look to, and reform all Defects and Nusances by the Jury presented in the Wardmote, unless perchance some extraordinary ones do appear, which do belong to the Chamber; and those the Mayor and Chamberlain, taking to them the Sheriffs and other Officers, shall undertake to deal with; and if the Alderman shall find his Officers under him remiss or negligent, he shall admonish them to amend; and if they do not, then he shall either reasonably punish and chastise them himself, or refer them to the Mayor, who shall provide condign Punishment for them in that Case.
FINIS.
OBSERVATIONS ON THE Writings OF THE CRAFTSMAN.
LONDON
: Printed for
J. Roberts
in
Warwick-Lane
. 1730.
OBSERVATIONS
ON THE
Writings
OF THE
CRAFTSMAN
.
I
Am
not ignorant of the unequal Terms, upon which he enters the Lists in a Paper-War, who draws his Pen on the Defensive Side; those, who engage the Malice of Mankind to their Party, will generally, I fear, lead more numerous Troops, and find much better Encouragement than those, who sollicit their good Nature, or appeal to their Justice.
For
, as most Men have Passions, whilst few are blessed with Understandings; and that there are many more, who are ready to sneer, than are capable to judge, or willing to acquit; so the Glare of a declamatory Invective, tho' never so ill founded, will dazzle much greater Numbers, than the clearest Reasoning, and most conclusive Arguments will ever enlighten.
But
notwithstanding the Disadvantages, which from the Imperfection of human Kind, they sometimes labour under, who undertake the juster Cause; as I flatter my self, that on some Occasions, the Honesty of our Minds may recoil against this Propensity to Satyr, and that what is too general, is not universal; since I imagine there are Cases, where People may be more shock'd at the Morals of a Satyrist, than pleased with his Wit, and will not suffer the Depravity of their Natures to be flattered at the Expence of their Principles; I shall not be deter'd, by the Discouragements I have enumerated, nor the Fear of incurring that Ridicule, which often attends being serious, from entring into a short Examination of the original Design, Progress, and Effects, of the Writings of the
Craftsman
, who seems of late, under the Shelter of the Law, and an Affectation of telling bold Truths, to have usurped a Right of circulating guarded Treasons, and weekly Falshoods, throughout the whole Kingdom.
He
has, by a Sort of Papal Authority, taken upon him to cite, expound and comment upon our
English
History, as dogmatically, as unfairly, and often as ignorantly, as his Holiness himself ever did on the Scriptures; he perverts Characters and Meanings, as the other does Texts and Doctrines, and like him, when he does not find the Originals apposite to his Purpose, his Invention supplies his Learning, and he makes them so.
But
unless he could contrive, that the Reading of our Historians should be prohibited to his Followers, as that of the Gospel is to the Pope's, his Frauds may chance to be detected, the Sect of
Jansenists
to his Doctrine encrease, and Mr.
Danvers's
Bulls not received with that implicit Faith, and blind Submission, which is paid to those of
Rome
.
To
point out the Rancour, the Acrimony, and Virulence with which all his Productions are fraught, would be an unnecessary, and tedious Task; it would be tedious, as every Paper, and almost every Paragraph, he has written, might be quoted as so many accumulated Proofs; and it would be unnecessary, because such Proofs, tho' they would cast a Reflection upon him, would not wipe off those he has endeavoured to cast upon others.
For
as the Brutality of an Executioner does not prove the Innocence of him who suffers; so it is possible for a Criminal to deserve his Punishment, tho' one abhors the Hand that seems to take a Pleasure in inflicting it.
My
Design therefore is, to shew the Falshood of these Authors Indictments, and the Unfairness of their Prosecutions; to consider the Allegations, without entering into the Characters of those who advance them, and without expatiating on the trite Topicks of the Despair, and Profligacy of some of the Fraternity; the Envy, Ambition, and Disappointment of others; and the want of Temper, Candour and Judgment in all; I shall cursorily run through the Steps of their Performances, and as Circumstances occur, occasionally in some few Instances observe, how far their Assertions tally with Truth, their Quotations with History, their Conduct with their Professions, and even their Writings with Themselves.
When
first this meritorious and laudable Work was undertaken, many pompous Professions were made to the World, and many specious Pleas were brought for setting it on Foot; private Views wore the Mask of publick Good; Ambition cloathed itself in Popularity; the Spirit of Resentment took the Title of the Spirit of Liberty; and the Welfare of the Nation, and Loyalty to the King, were made the plausible Pretences for throwing amongst his People the Seeds of Clamour against his Ministers, and his Measures; for preaching Sedition, and endeavouring to infuse Discontent into the Hearts of all his Subjects.
For
a little while indeed all the Arrows in the
Craftsman's
Quiver, seemed directed solely at one Mark; they were levell'd at a Minister, whom one of this Club (one whose Prudence was never reckon'd by his best Friends his principal Virtue) was so unguarded, in his Enmity to declare,
he would persue to his Destruction
; he publickly swore his Ruin; but tho' he bound himself under this Curse, Providence has so ordain'd, that had he not eat nor drank till he had compleated it and slain
Paul
, he must long ago have been starved.
However
the whole Stream of their Malice, for some Time, flowed only in this Channel, to vilify this Minister's Name, to arraign his Conduct, depreciate his Services, blacken his Character, and weaken his Credit, both with his Prince and his FellowSubjects; all Hands were imployed, and all Engines set at Work; Manuscripts were circulated, the Press loaded, Coffee-House Talkers, TableWits, and Bottle-Companions had their Instructions given them; and the grossest Falshoods were inculcated in the grossest Terms; the sacred Correspondences in former Friendships were perverted, the Secrets disclosed, and all the Laws of Nature, Custom, Principle, Morality and Society trampled on, and broken.
When
the Sources of their Invention grew dry, Libraries were ransack'd, the Annals of all Ages were turned over, and Extracts made, out of the worst Characters, that the Historians, or
Calebs
, of other Times ever transmitted to Posterity, to be applied to these.
The
Sejanus's
and
Wolsey's
of former Ages, the
Menzikof's
and
Coscia's
of later Dates, were described in their blackest Colours; and Parallels were drawn between Persons and Characters, where no Similitude or Affinity could ever have been found, if the Records of other Ages had not been copied by the Slander of this.
When
they found the Words of the Authors they referr'd to not strong enough, the Weight of their own was added, and convey'd in borrowed Names:
Italicks
pointing out the favourite Passages, and the Coinage of Moderns comma'd on the Side, was often inserted, like Quotations from the Ancients, for whole Paragraphs together.
But
the Man, whom the Madness of their Inveteracy in so indecent a Manner, continued to pelt with this Series of Ribaldry, being as much Superior to his Antagonists in Temper, as in Judgment, cooly stood the successive Shocks of their wasted Fire; equally invulnerable in his Quiet, and in his Character.
He
contemned Accusations, which his own Conscience did not second; nor took
the Voice of his Enemies for the Voice of the People
; He considered all their Clamour, as the natural Effects of Competition, and Disappointment; and look'd upon this Tryal of his Patience, as the Tax every Minister must pay for Royal Favours; since Envy will always paint those most black, whom Princes most distinguish, as surely as the Shadows of those will always seem deepest, on whom the Sun shines the brightest.
But
when this Scent became so cold, that political Sportsmen grew weary of following a Pack of Animals, who were always barking at a Prey they could not Wound, and following what they could not overtake; and that these Writers had rung the Changes on the Words,
Corruption, Bribery, Male-Administration, Oppression
and
Injustice
, till People were so habituated to the
Vox et præterea nihil
, that the Peal laid those to sleep, whom the Ringers proposed it should alarm; they began to find that other Forces must be drawn out, new Batteries form'd, and new Places attack'd.
However
I must observe here, that during their Chace after this Minister, they had from Time to Time made great Professions to the Prince he serv'd, of their Loyalty to his Government, and Affection to his Person; tho' they were at the same Moment exclaiming against every Step of his Measures, and every Action of his Reign.
How
they proposed His Majesty should reconcile these general Profes
si
ons, with such particular Reflexions, I know not; but I should think the Alternative, they gave him, of being unjust enough to abett the flagrant Ini quities they complain'd of, or blind enough not to perceive them, was one, which neither he, nor any one who has the Honour to know him, would look upon, as any very great Compliment, either to his Head, or his Heart.
And
if there were any lengths of Absurdity, to which the Vanity of human Nature could not carry some of those, in whose Composition it presides the strongest, one would wonder, how a Set of Writers could hope to have Art enough to succeed in flattering a Prince, whose Understandings had already miscarried in the low Endeavours of cajoling a Mob.
But
as the Idle, the Profligate, and the Desperate have Time enough to spare, no Characters to lose, and no worse Situation to fear; so these Gentlemen knew, whatever Project they engaged in, provided they escaped Hanging, (and even that Danger some of them perhaps may possibly be inured to) they could be no great Sufferers by the Mis carriage; and should remain, but where they were.
Pursuant
therefore to the Scheme of trying what could be done by Flattery, they were perpetually declaring themselves not Jacobites, but Patriots; they gave up
Fog
for such; but at the same Time, that they were treading in his Steps, talking in his Style, and fighting under his Banner, they professed an Abhorrence to his Cause: As if the whole World must not perceive, that their only Option was owning themselves Knaves enough to be Confederates in it, or weak enough to be the Tools of it.
However
they abjured
Fog's
Appellation, and stuck to their own; so that this Sect of Patriots was to Jacobites, what Socinians were to Arians, and Pironists to Scepticks; they preach'd the same Doctrine, and held the same Tenets, but took a different Name, and endeavoured, by the subtle Sophistry of Words, logically to prove a Distinction, where there was essentially no Difference.
Under
this affected Title, and with such shallow Artifices, they labour'd to convince the King of the Attachment they had to his Person, whilst they were railing at his Government; and of the Zeal they had for Him, whilst they were obstructing all his Measures.
Nor
did they ever slip any Occasion to assure him, how possible it was, without the least leaning to the Pretender, to act constantly in concert with his Agents; and without any Tincture of Republican Principles, to be always inveighing against the Dangers and Inconveniencies of the most limited Monarchy.
At
length finding these Absurdities and Contradictions too gross to pass, and all their ingratiating Schemes abortive, they grew weary of the Constraint of speaking a Language so foreign to their Hearts; and resolved at once to throw both the Mask and Scabbard aside, to temporize no longer, but openly to attack even that sacred Person, which hitherto they had only dared obliquely to touch, and collaterally to glance at.
The
Transition was easy from Ministers to Princes; and the same Methods that had served to defame the one, were now imployed to depreciate the other. The whole Artillery of Pamphleteers, Ballad-mongers, and Libellers was drawn out; they recurr'd again to History for Parallels, they quoted Tyrants in Italicks, show'd by what Steps Revolutions might be form'd; and resolved, since they could not prevail on the King to change his Ministry, to try if they could not perswade the People to change their King.
A Prince
, whose personal Courage has been so often prov'd, whose Justice was never call'd in Question, and whose Abilities are equal to his Application, was often hinted at by these loyal and worthy Gentlemen, in Suggestions, which any other Author must share their Crime, to be able to repeat without blushing.
He
has been described as a Prince who delighted only in Troops and Taxes; tho' every Action of his Reign demonstrates, what his every Declaration from the Throne has profess'd, that his constant and steady Aim, is the Ease and Peace of his Subjects, in the Reduction of both.
If train'd in Camps, and exposed in the Confederate Armies and common Cause of Europe, the Glory of his earlier Years was Bravery and Success in War; how naturally might the Fame he acquired by his Sword, have biass'd his Mind to that noble Imperfection of the greatest Souls, the Love of exercising it.
But
if the secret Inclinations of his Heart, did rather lean towards the Scenes of Action, than the Paths of Quiet; and that he was more delighted with a Military than a Civil Fame (tho' with equal Abilities to acquire either) what Obligations must that People have to him, of whom he chose rather to be the Guardian than the Leader? whose Welfare he preferr'd to his own Passions, and for whom, declining all the dazling Trophies of Conquest for himself, he has been constantly endeavouring, with a juster Pride, to procure all the national Advantages of Peace?
Whenever
he has been cross'd or retarded in this Pursuit, with what Industry have these Authors ascribed all the natural Ebbs and Flows of the Power and Interests of Europe, and the necessary Vicissitudes and Fluctuations of human Affairs, to Errors and Defects in the Councils of
Great-Britain
.
They
have as ignorantly as unfairly spoken of foreign Transactions, like domestick Measures: As if Treaties could be made like Acts of Parliament, and the same Advantages procured to any one State at a Congress, where all Nations are laying in their different Claims, and mutually to be considered; as in a Senate, where the Welfare of one People only is to be regarded, and the distinct Interest of each Particular makes the joint Interest of the whole Body.
With
what Clamour have they inculcated the Decline of our Credit, and the Decay of our Trade; whilst it is demonstrably true, notwithstanding the Reduction of the national Interest for Money, that the one is at this Moment at as high a Mark, as ever it was known to stand; nor is it less sure, that the Suspension of the other, as it was unavoidably owing to the late Commotions in Europe, so must its Revival be the certain, tho' gradual Consequence of the Treaty of
Seville
, and those Commotions subsiding.
With
the same Industry, and the same Justice, have they suggested the Sacrifice the King is always ready to make of the Interest of his
English
to his foreign Dominions: Few Words are sufficient to the reasonable and the candid, to obviate that Aspersion; and with the weak and the factious, who is idle enough to expostulate? When the King had his Option of Peace with the Emperour, or Peace with
Spain
, which was the Interest of
Hanover
, and which was the Interest of
Great Britain
? Which did he reject, and which did he chuse? Which Power did he defy, and which did he caress?
Another
fashionable Topick in their Philipicks has been the
Corruption
of the Times: This Word has been banded about with such strong
Innuendos
and round Assertions, (for Examples and Proofs are never the Tools these Gentlemen work with) that some have been weak enough to doubt, whether there may not have been some Shadow of Truth, in what I take to be so utterly false, that I believe I may venture to say, this is almost the only Court, the only Reign, in which no one single Instance was ever pretended to be given, of Solicitation made, or Favour shown, by the Force of Money.
But
had all these Representations they have made of the Decline, Contempt, and Corruption of our Situation been faithful Reports, where must the Odium have fallen but on the Head of our State. Were he a slothful, an ignorant or an indolent Prince, others might have incurr'd it; but as few are so ill inform'd, as not to know, from the minutest to the most material Transactions, both at Home and Abroad, that all who have the Honour to serve him, are rather his Agents than his Deputies, that they are the Ministers of his Dictates, and not the Executers of their own Projects; since I say every Thing is known to pass thro' that Centre, had their Insinuations been true, they knew the Demerit would have been only his, who now enjoys all the Honour of their being false.
Nor
has the indefatigable Assiduity of
Mr. Danvers
for the Service of his Majesty, confined itself meerly to the Advancement of his Honour as a King; but with equal good Will extended it self, even to the Care of his domestick Happiness.
In
this View (for in what other could it be?) he has, with a Morality not inferior to his Loyalty, not only dared to insult the Majesty of the best Queen, but endeavour'd to cast a Shade over the Virtues of the best Woman.
One
not less amiable in every private Walk of Life, than perfect in her publick Station; for as in the latter her Liberality so many have proved, her Affability all partake, and her universal Benevolence on every Occurrence is shown; so in the other, what Examples can be given, in any Rank of Life, of a better Wife, a better Mother, a better Mistress, or a better Friend?
If
these Appellations seem too familiar, I hope I shall be forgiven the Use of them, since she, to whom they are applied, seems more sollicitous to acquire, and prouder to deserve them; than any others Ambition can covet, or Fortune can bestow.
For
as she is sensible, that the one, Merit only can possess; whilst the rest are daily obtain'd by the Accident of Birth or Advantages of Alliance; so she prefers those Titles, which she can only enjoy in common with the Virtuous, to all those less valuable Distinctions, which with Diadems, and Purple, she might wear in common with the Vicious.
Nor
can the
Craftsman
boast a greater Fidelity to History on her Chapter, than on most others; for in speaking of
Edward
the Fourth's Queen, that Particular excepted of the best Employments being ingross'd by her Relations, to which not the least Sha dow of a Parallel can be pretended in this Reign; his Report of the dead is little juster than his Suggestions of the living; he hardly asperses the Memory of the one, less than in falsifying the Character of the other. But as none are blind enough to mistake from what Motives he transgresses the Laws of Truth upon this Occasion; so no Body, I fancy, will be much puzzled to determine, which Queen is most obliged to him.
But
what Effect can these Authors flatter themselves such Papers can produce? Do they imagine the gradual Esteem and Reverence for her Character, built on an Experience of so many Years, can be overturn'd by the manifest Injustice and Malice of one Libel? Or, do they mean to insinuate, that Kings, like Hermits, are to be excluded all Society, and deprived of those Blessings which the meanest of their Subjects may enjoy?
Can
a reasonable, or a social Mind imagine human Nature capable of greater Felicity, than a Commerce contracted by Inclination, strengthened by Esteem, and rivetted by Habit? If there is none superior, and that being a Prince is to debar the Enjoyment of it, I know not whether it be true what
Cato
says of the Post of Honour, but I am sure the Post of Happiness must be a private Station.
On
the other Side, If this Happiness be not less compatible with Grandeur, than with Obscurity; and that the Importance of a King's Secrets, should only make him more cautious where they are confided; to whom can they with less Danger be communicated, where with more Safety deposited, than in the Breast of one, whose Interest by Situation must be his own, and whose whole Life has been one uninterrupted Series of Proofs, that she has no Pleasure but the procuring his, no Choice but his Will.
His
Honour is her's, his Safety is her's, and his Prosperity is her's; and if it were possible for her to taste of Happiness after the Loss of that she enjoys in him, where could she turn her Eyes to find it, but in the Prospect of his Crown safely transmitted to the joint Monument of their Affection, his and her Posterity?
With
what Views then could these Authors, as ignorantly with Regard to past Times, as fruitlesly with Regard to the present, coin the absurd Assertion, of the Downfall of the House of
York
being the Effect of the Conduct of
Edward
the Fourth's Queen? I can conceive no other Motive for it, than the short-lived chimerical Pleasure it gave them, to prophecy Ruin to a Family, from which as they have never deserv'd, they never expect any Favour.
Do
these Suggestions then spring from a
Spirit of Liberty
? or are they merely the Overflowings of the Spi rit of Faction?
Mr. Danvers
says, they never subsist together.
Quam temere in nosmet leges sancimus iniquas
? For if this Position be true, how little of the Spirit of Liberty can there be at any Time in the Conduct of those, who were often so evidently actuated by the Prejudices of the other.
I own
it unfair to turn this Maxim upon him; since in chiming upon these two Phrases, he hardly oftener asserts their being incompatible, than he gives Instances of their not being so.
One
Proof (besides many others I could produce) of His Examples jarring with this Maxim, is his saying in the
Craftsman
of
October
the 3d, that in the Contentions of the
Yorkists
and
Lancastrians
,
Tho' each Side contended to have a King of their own, neither Party would have a Tyrant; they sacrificed their Lives to Faction, but would not give up their Liberties
; This sure demonstrates, that the Spirit of Faction did reign, even among these Champions for Liberty; and much plainer, I believe, than the
Craftsman
can prove, that the Spirit of Liberty ever moves his Engines of Faction.
I should grow very tedious if in this Paper I should launch into a farther Disquisition of all the contradictory Rodomontades I could point out in his Performances; I shall therefore conclude with saying, That be his Hopes never so sanguine, his Prophecies never so strong, his Writings never so inflamatory, and his Endeavours never so indefatigable; Whether
HENRY
was merely
a Creature of the People
or not; whether they were Losers by his bad Qualities, or Gainers by his great ones; Whether
Edward
the Fourth's Queen was so great and able a Woman, as
Rapin
describes her, or so shortsighted an Intriguer as Mr.
Danvers
represents her; Whether
new Kings
are always agreeable to a Nation or not; and whether
Caleb
and
Fog
, or their Directors or Emissaries, have a distinct or united Aim; I do firmly believe, that the Peace and Happiness of
England
are too deeply rooted in
the present House of York
, for the Nation ever to be mad enough at the Instigations of the
Craftsman
, to risque the transplanting them into
his House of Lancaster
.
FINIS.
Die Mercurii
27. Iuly. 1642.
IT is this day Ordered by the House of
Commons
now Assembled in
Parliament
, That Sir
Christopher Yelverton
doe returne thanks to Mr.
Hill
from this House, for the great pains he took in his Sermon this Day, Preached at the Intreatie of this House, being the Day of Publique Fast, at Saint
Margarets Westminster
; And that he doe likewise intreat him from this House to print his Sermon And that no man presume to print it, till the House shall take further Order, but whom he shall appoint.
H. Elsynge Cler. Parl. Dom. Com.
I appoint
Iohn Bellamie, Philemon Stephens
, and
Ralph Smith
, to Print my Sermon.
Thomas Hill
.
THE TRADE OF TRUTH ADVANCED.
IN A SERMON PREACHED to the Honourable House of
Commons
, at their Solemne Fast,
Iuly
27. 1642.
By
Thomas Hill
, B.D. Pastor of the Church at
Tychmersh
in the Countie of
Northampton
.
Published by Order of that House.
Iohn
17.17.
Sanctifie them through thy Truth; thy Word is Truth.
2
Cor.
13.8.
For we can doe nothing against the Truth, but for the Truth.
LONDON, Printed by
I.L.
for
Iohn Bellamie, Philemon Stephens
, and
Ralph Smith
. 1642.
TO THE HONOVRABLE HOVSE OF
Commons
, NOW ASSEMBLED in
Parliament
.
WHen I first heard that I was designed for this solemne Service, being conscious of my own insufficiencie to Preach to so awfull an Assembly, I could not entertaine it without
trouble
; yet resolved with
Luther
, rather to undergoe others censures, then to be
reproved for ungodly silence
, in such times
when the Lord suffereth
.
Inveniar sand superbus &c. modò impii silentii non arguar dum Dominus patititur.
Luth. Ep. ad. Staup.
And now I have as much reason to be full of
blushings
, to thinke that this plaine Discourse should be exposed to more publique view; but herein I must resigne up my self unto your disposings, to whom I owe, &
quod possum, & quod non possum
, much more then my meanenesse can performe.
This Sermon, such an one as it is, I humbly tender to your Gracious Acceptance, who have adopted it; I put it into your Honourable Protection, who have listed it; I commend it to your Practicall observation, for whom I intended it; heartily desiring Gods blessing upon your spirits in the perusall of it; that you may read and act it, turning
words into works
, that you may repeate it over in your lives, which is the best repetition of Sermons.
Our present breaches, call for a contribution from every one, for the repairing of them; but much is expected from you, who are called to be publique Counsellors, and thereby obliged to expresse a publique frame of spirit (which is the beautie and strength of a Great Councell), swallowing up your private interests, in the publique Welfare. Not with
Baruch, seeking great things for your selves
, which is most incongruous to Stormy times, but rather resembling
Melanchthon
, who professed, though he
had many Domesticall troubles, yet the publique wounds of the Church most deeply afflicted him
.
Ier.
45.5.
England
is more bemoaned, by many with that language in
Austin
over the poore man.
Quomodo huc cecidisti?
Aug. Ep.
129.
Alas how camest thou into these distractions? She may answer as the poore man there, standing in more need of reliefe then discourse.
Obsecro cogita quomodo hinc me liberes.
Thinke how I may be rescued out of these troubles. Towards this blessed Worke, I have cast in my two mites, moving in the proper sphære of a Divine, as an Agent for the Truth, perswading you, who are betrusted by others, and have farre engaged your selves in the Reformation of Religion, that with all your might, you would promote
The Trade of Truth
.
It is not for me to suggest a Methode in the
execution
of your counsels.
Isa.
9.6.
He whose
name is Counsellor
guide you; yet I shall still pray that in your
Intention
, the purging, the setting, the advancing of True Religion may be most Dear unto you. It is one maine end, and a pretious fruit of government, that wee may lead peaceable and quiet lives in
All Godlinesse
and honestie.
1
Tim.
2.2.
This is well worth peoples
wrastling prayers
, and your most
active endeavours
. The stability of all our blessings must come by the
True Religion
, Gods presence is the best security, who is most powerfully present where there is most power and purity of Religion. Would you have a
flourishing Kingdome
, advance the
Kingdome of Christ
in it. Let the State maintaine
Religion
, and Religion will blesse the
State
, could you settle all our State liberties, yet if the Arke of Truth bee taken from us,
Our glory is departed
, we may write these mourning characters upon all our Comforts,
Ichabod
,
where is the glory
?
1
Sam.
4.21,22.
It is too high a
complement
in the
Lord Cordes
, a French Commander, who often said,
that he would willingly lie seven yeeres in Hell, so that Callice were in the possession of the French againe
.
Hollinsh.
in
Hen.
7.
We blesse God for that
reall
selfe-denyall and activity ye have expressed, abating so many personall and family contentments, in your long attendance upon publike affaires.
Be not weary of well doing, in due season ye shall reape if you faint not
.
Gal. 6.9.
Never had any
Parliament
more
work
to do;
Ireland
still bleeds, the affaires thereof find unhappy obstructions. To subdue Rebellion, to plant Religion there, are great matters.
England
is very much out of frame. The
Church
cals for Truth; the
State
cryes for Peace, they who sowed in hope, reape in feare, our sickles are turning into swords. Now to effect an happy
correspondence
betwixt our
Soveraigne
and his
people
, a blessed
compliance
betwixt
England
and
Religion
, heres work for the strongest shoulders.
Never had any
Parliament
greater opposition. As
Nehem.
4.17. our builders
worke with one hand
, and hold a
weapon with the other. Achitophels
plot,
Rabshekahs
raile,
Sanballats
mocke. Yea since councels of Reformation, there is a more malignant antipathy appears against truth in many places. As 2
Tim.
3.13.
evill men and seducers waxe worse and worse, deceiving and being deceived
. Yet be encouraged Worthy Sirs. Never had any
Parliament
so many
Thundring Legions
of praying
Christians
, to assist them. when others insult and blaspheme,
Iacobs
posterity are wrestling with God for you, resolving not to
let him goe till he blesse you
. And whilst you are pursuing peace, allow this plaine Sermon that humble boldnesse as to whisper you in the eare, beseeching you still to maintain your former zeale in the cause of Truth. When did your counsels prosper more, then when you were most active about religion. When you were building the
Lords House
, For hee builded yours as
Hag.
2.19.
from this day I will blesse you
.
Be pleased therfore more and more to engage your selves for the Truth, so shal you engage God for you; let your cause be
His cause
then his
Attributes
will be yours, his
providence
will work for you, his
spirit
will work in you;
2
King.
6.16.
then will you have more with you then against you
, though the Devill and the Pope combine. Do your owne work, trust God with his; duty is ours, Events, successe are his.
Commit the keeping of your soules
, of the Church, of the state, to him
in well doeing as unto faithfull creator
.
1
Pet.
4.19.
Truth will yet Triumph,
Babylon
and all her Crutches must downe;
the fight of faith is a good fight
, because such souldiers are sure of the victory.
1
Tim.
6.12.
The kingdome of Christ shall prevaile, though second causes be impotent, yet
the zeale of the Lord of Hoasts will perform this. Isa.
9.7.
When
Hierusalem
is restored it will be a
city of Truth Zach.
8.3. O that all our
Parliament
worthyes, might bee so valiant for the Truth that
England
might become a
kingdome
of
Truth
; following Chronicles will then give you a share in that Honour of being the Churches
Saviours
, as
Obad.
v.21. and God will put
Zerubbabels
high dignity upon you, making you as Signets.
Hag.
2.23.
The Good Lord guide, unite, act and blesse your counsels,
And think upon you for good, according to all you have done
, or shall doe
for his people
.
So prayes He who desires to be found, Your faithfull servant for the Truth:
Thomas Hill
.
A SERMON PREACHED AT the Fast before the Honourable House of Commons.
Proverbs
23.23.
Buy the truth, and sell it not.
THE eternall Happinesse of our immortall souls is to be found only in union and communion with
Iesus Christ; Religion
is that which gathers and binds up the spirit to close fellowship with
Him
; This bond is twisted out of those materials, which the severall pen-men of
Holy Scriptures
have prepared;
Wise Solomon
hath contributed a good share to this blessed work in his three Books,
Proverbs, Ecclesiastes, Canticles
.
I will not confidently
with Hierome and others
, entitle
Solomons three books
, to his three
Names
;
Hierom. in Eccles. Cornel. a Lap. in Prov. Argum
.
As he was
Solomon peaceable
(say they) he scatter ed
Proverbial sentences
among
young men
, to discipline them in wayes of righteousnesse and
peace
; As he was
qhlt
,
Ecclesiastes
, the Preacher, he wrote the book of
Ecclesiastes
, a
pithy Sermon
, teaching men of riper yeers, the
vanitie of vanities
in all worldly excellencies. As he was
Iedidiah
, 2
Sam.
12.25.
Beloved of the Lord
, he acquainted greatest proficients, with the sweet communion betwixt Christ and his Spouse
in the Song of Songs
.
But of this I am sure; The book of
Proverbs
is sutable to its
Title
, worthy of
Wise Salomon the sonne of David king of Israel, Prov.
1.1. In the first book of
Kings, Chap.
3.
vers
. 9.11.
Salomon
was an earnest suiter unto
God
for
understanding
; and because he sought it
from God
and
for God
, (so much doth the
Lord
love to see a publike spirit in our private prayers.)
He
gave him a large portion of wisdome, with an overplus of other rich advantages; he obtained both the
wisdome
of a
Prophet
and of a
King
, whereby he spake both
Propheticall
and
Kingly sentences
. So much the
Originall
word
msly
rendred,
Proverbs
seemes to import; raigning commanding sentences, being so full of wisdome gravity and authoritie; and that stile of being Master of the Sentences, may well be translated from
Peter Lumbard
, unto King
Salomon
, who was the Author of so many Master-sentences.
Axiōmata
sive dignitates, baelig; doctrinæ quæ suo merito vitæ nostræ veluti dominæ & moderatrices esse debent
, Cartwr.
Much of the
wisdome
of a
Nation
, is oft found in their
Proverbs
; and much of
Salomons
in this book of his
Proverbs
, it being a cabinet of such Jewels, as is fit for the closet, of so wise a King, full of short and pithy sentences, like Jewels indeed, containing
magnum in parvo
, much value, vertue, and lustre in a
little roome
.
And for the better discovery of their excellencie, it is
observable
, that herein they differ from most other Scripture; Their
Harmony
is in
discord
, their
beautie
in a kinde of
contrarietic
. If you would understand our
Saviours parables
, minde
the scope
; if you would reach many other
places of Scripture
, attend the
dependance
, but if you desire distinctly to apprehend the
Proverbs
in them, consider the
opposition
; which though it appeare not so full in this my
Text
, as in many other of these Proverbiall sentences, yet here you may finde two disagreeing parts.
Parts of the Texts.
First an
Injunction, Buy the Truth
.
Secondly, a
Prohibition, Sell it not
.
This
opposition
, such as it is, begets two
Propositions
.
1.
All the sons of wisdome, must be carefull to buy the Truth.
2.
Though all must be buying, yet none may sell the Truth.
I will follow the method of the words, beginning with the first proposition.
1. Proposition.
All the sonnes of wisdome, must be carefull to buy the Truth
.
Herein by
Gods gracious assistance
, I will take a view of severall branches, enquiring by way of
explication
and
confirmation
.
1.
What is the
commoditie
it self, this
Truth
that must be bought?
2.
Into the
nature of the purchase
, with
the price of it
.
3.
What Reasons may engage us to trade in this
commoditie
.
And then joyntly shake them altogether in the application, trying what seasonable fruit they will afford this
grave Assembly on this solemne Day
.
Explication.
Every one will be enquisitive concerning the
commoditie it self
: What is this Truth? I answer, Not a
Metaphysicall
Truth, thats for Speculation only, not a
Logicall
Truth, thats chiefely for disputation; nor a
Morall Ethicall
Truth, thats but one sprig of speaking; [
veracitas
rather than
veritas
]
Salomons
Truth here must needs be
Theologicall
. And that not
veritas
1[deg]
prima
, God himself
, no creature can compasse so great a
purchase
, if God were willing to sell it, but
veritas
2[deg]
prima
, derived from that first Truth, this may, and must be bought. This is
veritas objectiva
, as it lyes in the Scriptures, both in the principles of it, and
conclusions
deduced from it; Truth
Originall
and Truth
Derived
. And
veritas subjectiva
seated
in us
, which we sucke from the word of Truth. Indeed Truth of Religion
in us
, grounded upon the Holy Scriptures the Rule of Truth; which comprizeth Truth in our
Iudgements
, when soundly
informed
; Truth in our
wils
and
affections
, when obedientially
conformed
; Truth in our
conversation
, when seriously
reformed
according to the word of Truth.
1. Libertie of Truth must be bought.
There are things in
Truth
well worth our
Buying, first libertie of Truth
, that the
True Religion
may have free passage, and not be imprisoned in corners or clogged with difficulties.
Veritas nihil erubescit præterquam adscondi.
Truth blusheth at nothing so much as to be concealed. Paul
desireth the
Thessalonians
to pray for him,
Sylvanus
and
Timotheus
, that the word of God
may run and be glorified
.
2
Thess.
3.1.
It is a disparagement to Christ and his Gospel, when that hath so much adoe to
creepe
, which should
run
and ride in triumph from congregation to congregation, from kingdome to kingdome. But a most beautifull and honourable sight to see Christ at the opening of the
first Seale
, with a
bow
and a
crowne, going forth conquering and to conquer
, subduing the Heathenish world to the obedience of his Gospel by the preaching of the Apostles.
Revel.
6.2.
What though a river be full of good water, yet if frozen, if not an open passage, men may die for thirst.
It is the
motion
of the
Sun
of righteousnesse, that disperses both light and heat. Libertie of the Gospel makes it a Gospel to us. The Church in the
Acts
knew how to value this libertie of Truth, and therefore when
Peter
was imprisoned
instant and earnest prayer was made
; the answer was as effectuall.
Acts
12.5.
Peter
released,
Herod
confounded, and truth set at libertie. Of all famines, the Soul-famine, Gospel-famine is the most grievous, threatned as an heavy Judgement,
Amos.
8.11,12. But a most sweet mercy to feel and taste the accomplishment of that promise,
Isa.
30.20.
Though the Lord give you the bread of adversitie, and the water of affliction, yet shall not thy teachers be removed into a corner any more, but thine eyes shall see thy teachers.
2. Puritie of Truth must be bought.
Secondly,
Puritie of true Religion
, is a good purchase as well as
libertie
. That we may have an incorrupt Religion, without sinfull, without guilefull mixtures; not a linsey-woolsey Religion. All
new borne babes will desire
to logikon adolon gala
, 1
Pet.
2.2.
Purum est plenum sui & immixtum alieni
.
Wordmilke, Sermon-milke
without guile
, without adulte rating Sophistication of it, of which
Paul
glories, 2
Cor.
2.17.
For we are not as many, which corrupt the word of God: but as of sinceritie, but as of God, in the sight of God speake we in Christ.
Whose zealous care it was, 2
Cor.
11.2. to
espouse
the Church of
Corinth to one Husband
(no polygamy in the second marriage) that
he might present them as a chaste virgin unto Christ
. This he endeavoured by pure Gospel means, and by perswading to puritie and singlenesse of heart in the use of those means. The Devill is as busie
vers.
3. to corrupt peoples minds
from the simplicitie that is in Christ
; well knowing the simplicitie that is in Christ, is the best Rule for the Churches conformitie, to this we may subscribe without any checke to conscience.
Quot supererunt mixturæ ex hominum ingenio prolatæ totidem extabunt, pollutiones quæ homines distrabant à certo eorum usu, quæ Dominus in eorum salutem instituerat. Calv. Ep. Prot. Angl. Totalis & adæquata regula est scriptura & traditio simul. Traditio parem habet autoritatem scripturæ, Becan.
And indeed, what are
false
Religions, but
Humane compositions
. The
Alcoran
compounds
Mahomets
fond devices with some fragments of
Gods word
.
Popery
compounds
unwritten Traditions
most presumptuously with
Holy Scripture
; yea it rakes up Heathenish customes, revives old Jewish Ceremonies which are now
mortuæ & mortiferæ
dead and deadly,
compounding
them with the
institutions of Christ
.
You may discerne such mixtures in many errors, about the great mysteries of the Gospel, even in every linke of the golden chaine of Salvation,
Rom.
8.30.
Arminians
in the Decree of
Election
compound foreseene faith, with the Soveraigntie of Gods will. In
vocation
, so compounding mans Free-will with Gods Free Grace, that with them in the act of conversion
prima causa
depends upon
secunda
, the power of Gods grace must wayte upon the concurrence of our good nature.
Popish
Doctors doe strangely compound
works
with
faith
in the act of
justification
; and in
glorification
, so compound the merits of the
Saints
with the merits of
Christ
, that by a
condignitie
they become meritorious of eternall life; let the
Devill
affect vaine compositions; the whore of
Babylon
must
paint
her wrinckled face with some borrowed
beautie
, to cover her inward deformities; Christ and his Truth, will glory in no vernish so much as native simplicitie and puritie.
3. Power of Truth must be bought.
Thirdly,
Truth
must be purchased as well in the
power
, as in the libertie and puritie of it. There should be such a
streame
as
runs purely
without mud, and that in a
strong torrent
. Hypocrites will swarve in the last age, when most Gospel-light breaks out, many painted professions will borrow some lustre from it; This
Paul
foretels, 2.
Tim.
3.5. In the last dayes together with many streames of wickednesse, there will be a generation of men
having a forme of Godlinesse
, but
denying the power of it
; a good description of
hypocrisie
.
Hypocrisis est signum sine signato
.
But the Lord bespeaks power, both in the dispensing and the professing of Truth.
Paul
desired to preach
in the demonstration of the spirit, and of power
, 1
Cor.
2.4. as well knowing that the
kingdome of God is not in word, but in power
, 1
Cor
. 4.20. It is not
wording
, but
working the power
, that will evidence to speaker or hearers, that they are
subjects
in the kingdome of
Grace
and
heires
to the kingdome of
glory
. This
Paul
made an argument of their election, 1
Thess.
1.5. that
the Gospel came not to them in word only, but in power and in the Holy Ghost
; much power appearing in
the dispensation
of it, and the
Thessalonians hearts
so fully possessed with the power of
Truth
, that their car nall principles were confuted, their passions moderated, their lusts mortified, and their self-ends confounded.
Most men affect in
Religion
, either a
dull moderation
, or an
outside pompe
, both enemies to the power of
Truth. Moderation
doth better in other things, then in the practice of
Religion
, where there cannot be a
nimium
.
God
requires
totum cor
and
totum cordis
, the whole heart, and the totalitie of it; that we should love him with all our heart, with all our soul, and with our strength,
Luk.
10.27. Indeed moderation hath its season, but with
Calvins
caution;
I confesse
(saith he)
there ought to be moderation, yet this I constantly affirme, care must be had, that under pretence of moderation, nothing be tolerated, which proceedeth from the Devill or Antichrist.
Fateor quidem moderationi locum esse oportere, sed non mixus constantèr offirmo videndum esse ne sub illo prætextu toleretur quicquam quod à Satanâ vel Antichristo profectum sit. Calv. ep. Prot. Angl.
Neither must we so
affect
the
outward pompe of Religion
, as to
neglect
the
power of it. Hilary
his counsell was good, who writing against
Auxentius Bishop of Millaine
, complained that the
Arrain
faction had confounded all, and therefore admonished all men to take heed, how they suffered themselves to be led with outward appearances.
Hilarius
contra
Auxentium
. Malè vos parietum amor cepit; malè ecclesiam Dei in tectis ædificiisque veneramini; malè sub his pacis nomen ingeritur; annè ambiguum est in iis Antichristum Sessurum
?
It is not well
(saith he)
that you are in love with walls, that you esteeme the Church in respect of houses and buildings, and in, and under these shewes and appearances pretend and urge the name of peace. Is there any doubt of Antichrists sitting in these places?
This makes
Popery
such a Religion as pleases mens
eyes
, and humours their
eares
, rather then rectify their
mindes
, and heale their
hearts
, because they seeke not so much to
purchase the power, as the pompe of Religion
.
Having layed open before you the
Commoditie
it self to be purchased;
Truth
in the
libertie, puritie
, and
power
of it; Its necessary further to enquire into the
nature of the purchase
, with
its price
.
Purchase of Truth
. 1. Begins in Desires after it.
As all other
markets
, ordinarily
begin at home
; so indeed our trading for
Truth
. The spirit of God, having convinced the heart, how farre it is
come short of the glory of God by sin, Rom.
3.23. and that men are
alienated from the life of God, through the ignorance that is in them, Ephes.
4.18. withall, giving the
soule
an hint and taste of the excellencie and sweetnesse of
Divine Truth
, the only
Soveraigne means of its recovery
, it groanes most seriously, and pants most affectionately after acquaintance with the
truth
and possession of it.
Scientia visus
, and
gustus
.
And that not only by some
cold velleitie
, by some dull wishing and woulding; but by a
peremptorie choice
; not by
wandring and flashy
, but
constant and fixed desires
; not by lazie and slothfull, but operative and busie desires; Truth I would have, yea Truth I must have, els I am everlastingly undone.
Isa.
55.1.
Luk.
18.1.7.
Prov.
26.15.
2. Promoted by Diligence.
Affectionate desires, as they live and move in opinions; so they produce actions, inclining us to take pains for the obtaining of that we would possesse. They adde wings to the soule, making us to flie like busie Bees from flower to flower, from ordinance to ordinance, that we may sucke the sweetnesse of Truth,
which is sweeter then honey, and the droppings of honey combs
.
Psal.
19.10.
The purchase of Truth, is carryed on by such an active disposition, as the
Spouse
in the
Canticles
had to enjoy her
Beloved; I will rise now and goe about the streets, and in the broad wayes, I will seeke him whom my soule loveth
.
Cant.
3.2.
Every buyer of truth, must be willing with
little
Zacheus
to get up into any Sycomare tree
, to take all Gospel advantages, to gaine a
sight of his Saviour
, to behold Christ who is Truth it selfe.
Luk.
19.3,4.
Truth is an hidden treasure,
Matth.
13.44. sometimes hidden from us by the
difficultie of Scripture
wherein it is contained, God thereby putting a value upon it, and an edge upon our studies and prayers; sometimes hidden by
differences amongst learned men
. Law may be clouded by a multitude of booke Cases; and Divinitie abscured by a multitude of
Schoole utrums
.
Many times truth is hidden by the scandalous lives of such as professe it. Carnall spectators being much more quick-sighted to apprehend the deformity of Religious men, then the beauty of Religion it selfe. And too often
hidden under great disgrace in the world
, being stiled,
Heresy, Schisme, Faction
.
C. Sejus. Bonus vir, sed Christianus
.
Yea
Religion
it selfe accounted the greatest
Crime
. This Treasure lies often so deep, you must be content to sweat in digging for it before you can obtaine it.
3. Managed by Prudence.
All they who would purchase Truth, must not onely be
like Merchant men seeking goodly Pearles; Matth.
13.45. but withall, be able to discerne when they have found a
pearle of great price, vers.
46. to know whether it be a pearle or pibble; that it is not drosse, but gold bearing the stamp of truth.
There is much doubtlesse in that of the Apostle
Paul, Col.
4.5.
Walke in wisdome toward them that are without, redeeming the time.
All good Merchants must be redeeming time, improving all hints of doing good, of enjoying Gods ordinances, wherein you may trade for truth. Observe the connexion; walke wisely towards them that are without, redeeming the time. The Church was then under persecuting Governors, and vexed with bad neighbours, both enemies to the trade of truth; yet you must be purchasing; only wherein walke so wisely towards them without.
1.
That you violate not the peace and puritie of your owne conscience.
2.
That you deface not the stamp of Divinitie upon Authoritie.
3.
That by a rigid austeritie you alienate not others from truth.
4.
Nor by a complying familiaritie with them in their sins, harden them against the truth.
4. Transacted by paction.
The Soule that
thirsts
after
Truth
, having
taken paines
, how according to the rules of
godly providence
, it may be possessed of that it so dearely loves, is now willing to
conclude the bargaine
by paying the
price. Solomon
here mentions
no price
, because he would have us buy it at
any price
.
Hæc optima commutatio, da res tuas ut acquiras veritatem; non alienabis à, te veritatem, ut acquiras res altas
. Cajet.
Sometimes it may cost us
credit
, and
libertie
, as it did the
Apostles, Acts
5.41. Sometimes it may cost us the
losse of goods
, as it did those Christians,
Hebr.
10.34. Yea, sometimes
life it self
, must be the
price of Truth
. We must be content to follow that
cloud of witnesses
, which appeares in that little
booke of Martyrs
, the 11th
Chapter to the Hebrews
, we must write after that heroicall copie which our
owne Worthies
have set us, who sacrificed their dearest lives, to the
crueltie of Bonners flames
, that they might possesse the
Truth
.
Truth seldom bought upon cheap tearmes.
Truth is so precious a Jewell, you must never expect to have the markets cheape.
The Devill
at first laid siege against the
Truths
, which were most
Fundamentall
, that so he might have ruined all the
buildings
; he would by the subtiltie of
ancient Hereticks
have huckstered up those Truths, which concerned the
Natures
and
Person of Christ
, this cost
very deare
, before the foure
first Councells
could settle
Truth
against the
Hereticks
of those times. Afterwards, when
Poperie
invaded all the
Offices of Christ
(such a dangerous gangreen is it) undermining him, as the
Prophet
, as the
Priest
, and as the
King
of his
Church
, it cost no little blood in
England
and
Germanie
, to vindicate the Doctrine of Divine worship, and of the Holy Sacraments, from such errors as opposed the Propheticall and Priestly Office of Christ. That branch of
Truth
about Church Government and Discipline, so much concerning the Kingly Office of Christ, is of rich value, if the Markets should rise, we must drive on the bargaine what ever it cost. No price too great for the obtaining such a Purchase, to see our Deare Saviour
advanced
in all his Offices; as
the Churches Prophet
, without being beholden to
unwritten traditions
; as the
Priest
of his Church, without the
satisfactions
of any
Meritmongers
, without any
Purgatorie
, any
Bridewell
of the Popes making; as the
King
of his Church, above
Miters
, above
Canon
-laws, or any Church usurpations whatsoever.
Confirmation.
After the discovery of the nature of this purchase and the price of
Truth
, its fit to consider what Reasons may engage you all to trade herein; which are divers, according to the
various reference Truth
hath to things of high concernment.
1.
Reason
.
Never expect to have the spirituall and eternall good of your owne immortall souls effectually promoted, unlesse you buy and be possessed of
Truth
.
1.
The
Word of Truth
, is the seed by which we are begotten againe,
Iam.
1.18.
Yea incorruptible Seed, which liveth and abideth for ever,
1
Peter
1.23. untill the
Truth
hath delivered us, what are we poore sinners, but an heape of dry bones, so many dead carkases rotting in the grave of corruption.
2.
It is the
Milke
, by which
new borne babes
are nourished, 1
Peter
2.2. by this they grow in the
habits
, in the
degrees
, in the
exercise
of Grace. Strangers to the
Truth
, like the Prodigall, live upon husks, and
lay out their money for that which is not bread,
Isa.
55.2.
3.
Naturally, as the sonnes and daughters of
Adam
, we are stained with many spots, steeped in corruption, polluted with
filthinesse of flesh and spirit
, 2
Corinth.
7.1.
Truth
is the water by which we are cleansed,
Ioh.
15.3.
4.
When we goe groping up and downe in the darke, exposed to errors, besieged with terrors,
Truth
affoords us
direction
and
consolation, Psal.
119.105.
5.
Truth
is the
Armour
, by which you are defended against your spirituall Enemies, and enabled for offensive warre. Amongst the sixe peeces of our spirituall Armour, three of these have speciall dependance upon the
Truth
. You must have the
girdle of Truth, Ephes.
6.
vers.
14. be shod with
the preparation of the Gospell of peace, vers.
15. and
take the sword of the spirit, vers.
17.
6.
And indeed the word of
Truth, is the Gospell of your Salvation, Ephesians
1.13. The Charter by which the Corporation of Saints, challengeth such
rich priviledges
; the Articles of that Covenant, which doth entitle them to such
blessed hopes
.
2.
Reason
.
You cannot hope to finde Gods gracious acceptance of your service, nor enjoy any Soulerefreshing communion with him in the duties of his worship, unlesse
Truth
direct and animate your spirits therein. When
David
was engaged in a pious and plausible service, in fetching the Arke from
Kiriath-jearim
, 1
Chronicles
13. he consulted,
vers.
1,2. the people consented,
vers.
3,4. there was much confluence and triumph,
vers
. 8. The Oxen stumbling,
Vzzah
upon a faire pretence, put forth his hand to uphold the
Arke
, yet God would not accept of his faire intention, but smote him that he dyed,
vers
. 10. the reason is rendred, 1
Chronicles
15.
vers.
13. because God
was not sought after the due order
, his
Truth
was not observed, in the carrying of the Arke, as
vers.
14. with reference to this Story,
Peter Martyr
commends it, to the care of
Queene
Elizabeth
, that
Church Governors endeavour not to carry the Arke of the Gospell into England
, upon
the Cart of needlesse Ceremonies
.
P. Martyr. Ep. 36.
Regni
Eliz.
There are two flyes which marre the most precious pots of oyntment. Hypocrisie and Superstition, as
Isaiaj
29.13.
Wherefore the Lord said, forasmuch as this people draw neere to me with their mouth, and with their lips doe honour me, but have remooved their heart farre from me, and their feare toward mee is taught by the precept of men.
In both a great defect of
Truth
. Hypocrisie is lip-labour, and lip-labour is lost labour; no dutie acceptable without truth of heart in it; Superstitious worship,
taught by mens precepts
, may be devout enough, yet because it wants the Authoritie of Gods
Truth
to Steere it, how marvelously doth God curse it,
vers.
14.
Therefore behold, I proceed to doe a marvellous worke amongst this people, a marvellous worke and a wonder: the wisdome of their Wise men shall perish, and the understanding of their Prudent men shall bee hid
. When the Devill hath made men Superstitious, God will make them foolish, he takes no pleasure in them.
The best of our Practicall Christianitie, even our most solemne addresses to God (upon such a day as this) loose their vigour and blessing, if custome only or formality act us herein, and not conscience to Gods
Truth
. What are good Christians, but
Rules of Truth
, become
examples
, yea living,
walking pictures
of Divine
Truth
. When the wantonnesse of humane wisdome, will multiply Will-worship, and Wit-worship, thinking to please God with better devises then his owne, it turnes to grosse folly, and ends in much mischiefe, rather then acceptation. Witnesse
Gideons Ephod, Iudges
8.
vers.
27. Yea, such men take much paines to loose their labour, and
Matthew
15.
vers.
9.
In vaine doe they worship God, teaching for Doctrine, the commandements of men.
3.
Reason
.
Never expect the gracious presence of Christ in his Churches, unlesse you purchase Truth, and set it upon the Throne,
Revel.
2.1.
He walketh in the middest of the golden Candlesticks
, whose office it is to hold forth the Truth.
The beautie and efficacie of Church Government and Discipline, depend upon their Conformitie unto Divine Truth. It must Regulate Church Power, and Discipline Church Administrations, else they will soone loose their Lustre and Authoritie, Degenerating either into emptie Formalitie, or into Church Tyranny, which of all other is most grievous, because so oppressive to the Conscience. Hence such uncouth Catalogues of Church Offices amongst the Papists: Pope, Cardinals, &c. Hence such swelling Volumes of their Canon Law, because not Divine Truth, but carnall wisdome drew the platforme. Hence so many of our
Temples
, made
houses of Merchandize
, wherein,
as in the darknesse of Popery, Indulgences
were,
Absolutions
are bought and sold. Yea, hence the
sword of excommunication
which was wont to be
formidable
, because drawne with so much solemnitie, is now made contemptible, because so familiarly abused upon trifles; and all this, because Divine Truth hath had no more power in our Consistories.
Gladius Ecclessiæ venerandâ raritate formidabilis
.
Petr. de Alliaco.
And this doubtlesse doth much foment the present distractions of the Church, that either fancie or affection should put such high claimes upon things, as suddenly to style them
Institutions of Christ
, or
usurpations of Antichrist
, not sufficiently consulting with Divine Truth. If our Prelaticall Power, and Cathedrall Pompe, be of Divine Right, let us see a Divine word for it; what need we such violent arguments to maintaine them, oath upon oath, subscription upon subscription?
Let Christ himselfe be acknowledged as King in his Church, as Lord in his house, let the word of
Truth
be our Booke of Canons, our Books of Discipline, and then if
Paul
were our visitour, he would rejoyce
to behold our order
, as
Colossians
2.
vers.
5.
Yea, then we shall undoubtedly find the BroadSeale of Heaven, confirming what is done, when we follow the guidance of Christ in his owne
Truth, Matth.
18.15,16,17,18.
4.
Reason
.
The best way to promote the most publique good of all the Churches, is by advancing the trade of
Truth
. This
publique counsell
should move in the most
publique sphære
, seeking good for themselves and others, both at home and abroad. The eyes of all the
three Kingdomes
, yea, of the
Protestant world
are now upon you, expecting much from your influence. You can never contribute fully to the worke, of
Reformation
here, unlesse you set
Truth
at libertie; neither shall you be so effectually helpfull to all the
Protestant Churches
, though you should recover their lands and regaine their territories, unlesse you re-establish their Religion, by opening a free trade of
Truth
amongst them.
Truths
advancement is one of Gods great designes; Kingdomes are for Churches, and
Churches golden Candlesticks
to hold forth
Truth
, that therein Christ may appeare in his most glorious lustre; when the banners of
Truth
are universally and victoriously displayed,
The Kingdomes of this world shall become the Kingdomes of our Lord, and of his Christ, and he shall reigne for ever and ever
, Revel. 11.15.
How came
Tropery
to be advanced to so great height, but by suppressing
Truth;
2
Thess.
2.7.
The mystery of iniquitie wrought in the
Apostles times; It went on by steps; the Pope was first Antichrist
nascent
, then Antichrist
crescent
, after Antichrist
regnant
, but when he was made
Lord of the Catholike Faith
, so that none must beleeve more, nor lesse, nor otherwise then he prescribed, he became Antichrist
triumphant
.
See
Crakanthorp
of the fift Generall Councell, chap. 13.
The Pope is guiltie of the grossest theevery, he robs the
Sacrament
of the
Cup
, the
Scriptures
of their
Authoritie
, and the
Church
of the
Scriptures
; as theeves blow out the candles, the better to conceale themselves, and carry on their designes; so
He
suppresseth, as much as he can,
the light of Truth
, that with more advantage, he may play his pranks, and creepe undiscerned in the
darke
.
If you would lay siege to the Devill or Popes kingdome, and undermine all the crutches and supporters of it, set
Truth
at libertie.
Zachary
4.
vers.
6. the
great mountaine
of opposition must be moved, not by humane
power and might
, but by
the spirit of the Lord of Hoasts
, not only by his power but by
his spirit
, because Church works must be carryed on in a way of
enlightning
and
revealing the Truth
. Thus the
wise providence of God
wrought formerly, when a
Generall Councell
(though by many groaned after) could not be obtained with the consent of the Clergy and Court of Rome, to whom Reformation would be a certaine Ruine,
He
stirred up divers Heroicall Worthies,
Waldus
in
France, Wickliffe
in
England, Luther
in
Germany, Knoxe
in
Scotland
, to despise the light of
Truth
; And
Revel.
14.
vers.
6. After the flying Angell, having the
everlasting Gospell to preach unto all that dwell on the earth
, then
vers.
8 there
follows another Angell saying, Babylon is fallen
. Doubtlesse the Pope must fall not only by the Sword of Princes, but by the Sword of the Spirit, 2
Thessalonians
2.
vers.
8. That wicked One must be
revealed, and consumed with the Spirit of the Lords mouth
. If you would have the mystery of iniquitie unmasked, see the Popes Triple Crowne tumble, and the thicke mist of Popery vanish, help forward the bright Sun-shine of Gods Word, promote the libertie, puritie, and power of
Truth
.
Application
.
You have had a discovery of some few
sprigs
, growing upon this first
Proposition
, let us in the Application, gather the wholesome fruit which hangs upon them.
1. Vse Self-examination.
It is the good hand of God upon us, when so many of our brethren in
Ireland
, are still bleeding under their enemies crueltie, that we are at libertie in this solemne Ordinance, to plead with God for mercie. Oh that this day of Self-humbling, might be to us in the use of it, according to its nature,
a self-searching, or soul-purging day
.
My Commission is, to hold forth the Glasse of Gods Truth before your eyes, that you
may
discover your spots and defects. Let it be your worke, to reade over
your selves
, as well as
your Bibles
; to speake and write
retractions
of your former errors, and
confessions
of your
miscarriages
(I wish we could all be
Augustines
herein.) The
Lord
knoweth what
Volumes
many of us might fill, if we were but well studyed in our selves. And together with the long Catalogue of all our other sins, our
neglect of Truth
must come in, as having a great influence into the rest: for this we may blush and bleed, yea rivers of teares are too little to bewaile this, that in all our designes, we have so little minded to purchase the
Libertie
, the
Puritie
and
Power
of
true Religion
.
Adam
and
Eve
began to make very bad markets, to
sell themselves
and
posteritie
, for the
forbidden fruit
. Prophane
Esau
, sold his
Birth-right
for a Messe of
pottage, Heb.
12.16. How many with
Absalom
, to humour their vain-glory, will set the Peace of a Kingdome to sale? How many with
Haman
, to gratifie proud revenge, will set a whole
Church
to sale? Some with
Iudas
, will set up their
Saviour
to sale for thirtie pieces. Others with
Diotrephes
(the first Cocke of the game) that they may fill their sailes with
Church-pompe
, and
Church-power
, will set the
Keyes of Church
and
Ordinances of Christ
to sale. Lay your hands upon your hearts. To be purveyours for your lusts, as the
prophane, Romanes
13.
vers.
14. To be Merchants for the Pope, as the
Superstitious Innovators
. To be Proctors for the Devill, as
Gospell-opposers
, what saith conscience? Is this to
buy the Truth
.
Give me leave (Honourable and beloved) to come neerer you, with three plaine Queres. I study not
alta
but
apta proferre
.
1. Quere. Concerning the persons.
Have you gotten your owne hearts possessed with the power of the
Truth
? Hath Gods word a throne in your Consciences,
Colosians
3.16.
Let the word of God dwell richly in you.
If it dwell there. First, it must
intrare
, then
residere
: it must dwell and abide there, exercising a soveraigntie over you, ever drawing open into an humble familiaritie with it. What fruitfull knowledge have you gotten in the mysterie of Doctrinall and Practicall Godlinesse. They who know the Grace of God in
Truth
, will
bring forth fruit, Colossians
1.
vers.
6. Doth the
Truth
of your Religion appeare in your relations, in the uniformitie of a Gospell conversation? as
Phil.
1.
vers.
27. Aske your hearts, whether in all your undertakings you move upon Religious grounds, and for Religious ends. God doth not onely number, but weigh our actions, and observes not onely what is done, but why it is done.
The
word of Truth must be our judge; therefore now let it be our Counsellor. It is
Philpots
Glosse upon
Iohn
12.
vers.
48.
(The word that I have spoken shall judge him in the last day) if the word shall judge us, then much more ought it to be judge of our doings now.
2. Quere. Concerning your Families.
Have you set up
Truth
in your owne families? It is most odious for a Minister of Christ to flatter, to dawbe with untempered morter at any time; but most abominable upon a Day of Humiliation. You reckon your house, your little Common-wealth; by what law is it governed? Doth the word of
Truth
, the Scepter of righteousnesse beare sway there? Whence then so much licentiousnesse tolerated in the servants? so much dissolutenesse in the children? so much oppression, tyranny, and (too often) other wickednesse in your selves, and such distempers in family relations?
Psal.
101.
vers.
2.
David
would
walke in his house with a perfect heart
. Such as served him, he would either finde them, or make them Gods servants. You would have others thinke your houses are Churches. What thy house a Church to God, and thou a
covetous idolater
?
Ephes.
5.5.
Thy house a Church to God, and thou an uncleane sonne of Belial?
What concord hath Christ with Belial? what agreement hath the Temple of God with idols
?
2
Cor.
6.15,16.
The argument is as strong for Magistrates as for Ministers, 1
Tim.
3.5.
If a man know not how to rule his owne house, how shall hee take care of the Church of God?
How can you be good Reformers both of State and Church, unlesse you be first Reformers of your selves, and your owne Families? Light is a great advantage to an house, especially the light of
Truth
. The
Father of Lights
, is not pleased to dwell in a
darke habitation
, such a corner is fitter for Satan, the Prince of darknesse.
Delicata res est spiritus Dei
.
It was a very honourable report, which
Melancthon
giveth of
Prince Anhalt,
Cubiculum ejus erat, Academia, curia, Templum
; His Bed-chamber was an Academie, a Court, a Temple. The Lord gives you a share in this honour. Let not your Chambers be
Academies
onely, for the advancement of learning; or
Courts
, for the daily dispatch of publique affaires; but
Temples
for the worship of God, and calling upon his name. Give the people not onely Rules, but examples of Reformation. Let Religion be first advanced
in you
, it will the sooner bee setled
by you
.
3. Quære. Concerning the publique.
Have you imployed and improved your publique interests to help forward the trade of
Truth
, to promote Religion in the
Libertie, Puritie
, and
Power
of it? Never was any Parliament the sonne of so many
prayers
and
teares
. Never had any a larger share in that blessing of the Lord upon
Ioseph, Deut.
33.
vers.
16. feeling the
good will of Him that dwelt in the bush
, so often burning, yet
not consumed
. What reciprocall reall love have you expressed unto God, and the Cause of his
Truth
.
When
Moses
proposed that question,
Exod.
32.
vers.
26.
Who is on the Lords side? The sons of Levi gathered themselves together, vers. 27.
and by their zeale, obtained a blessing in
Moses
his Catalogue, when their brother
Simeon
was left out,
Deut.
33.
vers.
9. We live in shedding, discriminating times, it is a frequent question,
quarum partium
? On what side are you? If this be the question, who is on
Truths
side, what eccho, what answer will you returne, oh you great Counsellors? Suppose this day, God and thy Conscience held a Closet Committee, the Lord saith, I have put such a rich price into thy hand; I have betrusted thee with an influence in the Grand Affaires of the Church? what saith Conscience?
What hast thou done? what wilt thou doe, by speaking, voting, by hand, heart, purse, for the Truth? Davids
question is most seasonable, 1
Chron.
29.
vers.
5.
Who is willing to consecrate his service this day unto the Lord?
Oh that you might returne the same pious answer, with the chiefe of the Fathers, and Princes of the Tribes; who
all offered willingly, vers.
6. Could you finde this fruit upon your Self-examination, Doubtlesse though you may serve this day in sorrow (as you ought to doe upon a Soulafflicting day (in sighes, in groanes, in teares) yet you shall reape in joy.
Use
2.
Exhortation
.
To engage and quicken your utmost endeavours for the happy purchase of truth.
You may please to looke upon your selves (Honourable and Beloved) in a double capacity.
First, as
Merchants
, trading for your owne everlasting good.
Then as
Publique Factors
, betrusted with the best good of many hundred thousands.
Three Requisites in a Factor.
In a Merchant or Factor there are some speciall Requisites,
1.
Wisdome.
2.
Activity
.
3.
Resolution
.
1 Requisite, Wisdome.
First,
Wisedome
, to discerne both the Commodities themselves, and opportunities of trading.
1.
The first use of Wisdome is to discerne the
Commodities
themselves. Religion must not be taken upon trust. Faith is Gods way to save us, credulity the devils method to undoe us. 1
Thess.
5.21.
Try all things, hold fast that which is good.
And by sound knowledge possesse your selves most carefully of such truthes, as are most necessary. Those that are
Fundamentalia in fide
, or
in Praxi
, buy them at
any rate
, but sell them at
no rate
. There are
Magnalia
, and
minutula legis
. It will argue much hypocrisie to be substantiall in circumstantiall truthes, and circumstantiall in the substantials of Faith and Repentance.
Maximis dissidiis non sunt minores istæ redimendæ veritates. Acontius de St. Sat.
Let us wisely proportion our zeale, according to the nature of truths themselves. This Counsell
Paul
giveth his
Titus
. Matters of consequence, he must
affirme constantly
, but,
avoid needlesse questions, Tit.
3.8.
It were a seasonable improvement of your Wisedome and Power, to hinder the
Devils
or
Popes Chapmen
, from opening their packes of
adulterate wares
, and to put an high value upon such precious
parcels of Truth
, as have a great influence both into
Doctrinall and practicall Religion
. Give me leave here in the behalfe of Truth, to suggest some briefe hints.
1.
First, Put in caveats against
Arminian
errours, which doe so extenuate originall sinne, and magnifie the power of nature, that they feed our hereditary
disease of pride
, and eclipse the
glory of Gods grace
. Oh trade for the doctrine of free grace. Maintaine the King of Heavens Prerogative. In the spirituall building, grace laid the first foundation, in Gods free, eternall purpose. Grace erecteth the wals, yea and addeth the top-stone. Eternity will be little enough to admire, to adore, to cry grace, grace; Therefore carefully possesse your selves of this truth against
the enemies of grace
.
2.
Secondly, Minde the promoting of those Truthes which justifie
The purity of Divine Worship
, according to Gods owne will, against Popish and superstitious innovators. There is a bewitching pompe in the outside of popery, which intangleth some. Ancient Writers used many wanton Metaphors, and such a liberty of expression, before the mystery of iniquity was discovered, which deluded others. There is a disposition in all corrupt natures, no lesse to spirituall then bodily fornication. Vindicate therefore the second Commandement, which Papists have expunged, and others so much clouded. Where God hath professed himselfe jealous, let us be zealous, of trading for such Truthes.
3.
Thirdly, Put a value upon such Truthes as discover the dangerous errours of
Socinianisme
, which is no better then a
Complication of many antient heresies
, condemned by ancient Councels. A Doctrine that undermineth the merit and satisfaction of our Saviours death; that will scarce allow faith to swimme, where reason cannot wade; that will so farre bring downe Religion to reason, that we must beleeve little more in Divinity, then we can see in reason.
Arminianisme
gratifieth the
pride of will; Popery
the
pride of outward sense
, and
Socinianisme
the
pride of carnall reason
.
4.
Fourthly, Let Truthes for the sanctification of the
Lords day
, be pretious truthes. Gods institution of that day, bringeth with it a speciall Character of holinesse, and an influence of a peculiar blessing,
God hath sanctifyed and blessed it
.
Exod. 20.11.
Yea, in the primitive times it was a badge of Christianity. When the question was propounded,
Servasti Dominicum
? Hast thou kept the Lords day
? The answer was,
Christianus sum, intermittere non possum
; I am a Christian, I cannot neglect it
. There was no little danger in the Anti-sabbatarian doctrine; seeing upon the Gods owne day, we professe publiquely our communion with God in his Ordinances. Then we expect to enjoy the richest influence from him. And if men could dispute away our
Christian Sabbath
, we should soone lose the vigour of our
practicall Religion
.
Ezek. 20.12.
God having made it holy by Institution, by Ordination, let us keepe it holy by Observation.
2.
The second use of Wisdome in Factors, is to know and consider their opportunities.
Opportunitas est maximum talentum
.
Ephes.
5.15,16
See that ye walke circumspectly, not as fooles but as wise, redeeming the time.
Hierusalem
in this was, as unwise, as unhappy, that she knew not the day of her visitation,
Luk.
19.41,42. Who did expect such
nutus providentiæ
, hints of divine providence
, as God hath afforded to unworthy
England
in these two last yeares, to repossesse her of that Truth which many thought departing? The Philistins had almost taken our Arke. Our friends, our enemies, our selves, our owne guiltinesse passed a sentence of death upon us. We discovered so many leakes in ships of Church and State, as if both were sinking. The tempest was great, our Saviour seemed to be asleepe, our onely refuge was to cry,
Lord save us, we perish
,
Mat.
8.25. The sword hath rid circuit for above twenty yeares in
Germany
; many Candlestickes of Truth thence removed; that Paradise almost turned into a Wildernesse. Poore
Ireland
is in danger to lose that Religion they had, with their estates and lives, Preachers hanged, Professors murdered, Bibles burnt, and all with prodigious cruelty and blasphemy, &c. Yet sinfull
England
, like
Gideons
fleece, dry in comparison , when others steeped in their owne blood.
Judg. 6.40.
Observe, I beseech you, like wise Factors, the seasons to trade for the setling true Religion. It is true, we are now full of sad distractions; blacke and bloody clouds beginne to gather; yet, may not Faith (through them) spy out the Sunne of righteousnesse shining graciously upon unworthy
England
? As
Hag.
2.7.
I will shake all Nations, and the desire of all Nations shall come; and I will fill this House with glory, saith the Lord of Hosts.
Historians report, that about the yeare 1517. when
Leo
the tenth was making some thirty Cardinals, there was such a terrible tempest in the Church, that shaked the Babe out of the Virgin
Maries
armes, and the Keyes out of Saint
Peters
hand, which they interpreted as ominous, and indeed so it proved; shortly after
Luther
arose, who so much battered the Popes power. The sword is already shaken out of our great Church-mens hand, by Parliamentall power, the keyes doe not hang so fast under their girdle, as they did, &c. We dare not but hope, these are engaging providences of God, earnest-pennies of some great payment yet behinde. Oh therefore know, and redeeme your Opportunities to Trade for Truth.
2 Requisite, Activity.
Activity
, to pursue occasions, and follow all advantages. If you would be fully possessed of the knowledge of the Truth; you must
seeke for her as for Silver, and search for her as for hid Treasure
,
Prov.
2.4. By a most unwearyed industry, search every Mine.
Plato
calleth Merchants, Planets, that wander from City to City. You will never trade for Truth in good earnest, till you expresse an inquisitive, active disposition, in the cause of Religion, knocking at every doore, plying every Market, where you may purchase any acquaintance with the Truth.
First, Goe not onely to the shop of Nature, or the Schoole of Philosophy. The candle which Nature affordeth us, is good; but it will be burnt out before we come to our journeyes end. Philosophy may seeke Truth, Theology findeth it, Religion doth possesse it. Philosophy is not the field wherein the pearle of Truth lyeth, but rather a hedge and ditch about the field, to defend it, from the invasion of subtill Disputants.
Veritatem Philosophia quærit, Theologia invenit, Religio possidet
. P. Mirand
.
Secondly, neither must we seeke Truth, onely in the decrees of Councells, in the Traditions and testimonies of the Church.
Clem. Alexand. Licet Christus post cœnam instituerit & suis Discipulis administraverit sub utraque specie panis et vini hoc venerabile Sacramentum; tamen hoc non obstante Sacrorum canonum autoritas, & approbata consuetudo Ecclesiæ servavit & servat. Caranza sum. Concil. Sess.
13.
Councells
are like Rivers of water, very profitable, so long as they hold themselves within the compasse of the banckes, but if they swell and overflow (as too often they have done) they prove very hurtfull to the field of the Church, even to Truth it selfe. The
Councell of Constance
commeth in with a
non obstante
against Christs institution, with-holding the Cup from the Sacrament.
Our Faith and Truth was at first
delivered to the Saints, Jude ver.
3. And we hold it still
per Ecclesiam
, though not
propter Ecclesiam
; by the
Ministery of the Church
, though not for the
Authority of the Church, John
4.42.
Autoritas Ecclesiæ est autoritas muneris, non jurisdictionis. Camer.
All they who are genuine children of the Church, not onely by the Mothers side, but by the Fathers also, will not onely beleeve as the Church beleeveth, but as their Heavenly Father teacheth them, and because he teacheth them.
Thirdly, But in searching out for the Truth, goe to Christ himselfe, who is
Truth
it selfe,
John
14.6.
Jesus saith unto him, I am the Way, the Truth, and the Life.
Ego sum vita, quæ ad veritatem duco; ego sum veritas, quæ vitam promitto; ego sum vita, quam do
. Bernard
.
Attend upon Christ in the use of his Word, which is a Word of Truth,
Prov.
8.34. Blessed is the man that heareth me, watching daily at my gates,
Waiting at the posts of my doores
.
If ever God ripen your Councells about a Synod, we hope to receive the same direction from you, that
Constantine the Great
gave the Councell of
Nice
.
Tōn zētēmenōn lysin ek tōn theopnousōn logōn
Take the Resolutions of things in question, out of
Divinely inspired writings
. Doe not onely bid us enquire what Reformation was in our
Josiahs
time, King
Edward
the sixth; nor what in our
Deborahs
dayes, Queene
Elizabeths
, (though we must for ever blesse God for the light that appeared in those times) Doe not onely put us upon inquiry what
Ignatius
said, or what
Cyprian
did; they must be very wise Children who know their Fathers faces and writings, after so many of their adversaries scratches. Rather bid us give you an account, what
Luke
holdeth forth in his story of the
Acts
of the Apostles, what
Paul
intimates in his Epistles, that so divine Truth may triumph, and we enjoy a Scripture Reformation. In divine things we may attribute somewhat to antiquity, yet in matters that concerne
Church pompe
, and
Church power
, we must be
jealous
how we trust the
Ancient Fathers
, because (good men) they saw the mystery of iniquity but darkely, and at a distance, which wrought strongly, not onely in corrupting
Doctrine
with
errours
, but
Divine Worship
with
Ceremonies
and
Church Government
with
tyrannicall usurpations
. Then, and then onely, is Truth like to triumph in Church-Assemblies, when Gods Word is there advanced.
Cyrill
saith, in a Synod at
Ephesus
, upon a high Throne in the Temple, there lay,
Sanctum Evangelium
, the holy Gospell, to shew that Christ was both present and president there.
3 Requisite, Resolution.
Resolution
, to backe a publique Factors wise Activity. This would make you willing to grapple with difficulties, to expose your selves to troubles and hazzards, and to be at any cost and charges, that you may possesse your selves and the Kingdome of the true Religion.
Poore
England
hath long beene in a travelling condition, felt many bitter pangs, findeth now twins in her wombe,
Jacobs
and
Esaus
, wrastling for the birth-right, high contestations betwixt
Eliah
and
Baalls
Priests; now it is a day of
trouble and astonishment
:
2 Chron. 29.8.
Great things are come to the birth, onely there wanteth strength to bring forth. What will you resolve to lay out to possesse this dis-joynted Kingdome of the Truth? Imagine the casting of the ballance, the composing of all Church difference depended upon thee alone, what wouldest thou contribute to purchase Truth?
Nazianzen
put this price upon his
Athenian learning
(wherein he was very famous) that he had something of value to part withall for Christ; Oh that you could say the same of your Honours and Estates, reckoning this the goodnesse of all your good things, that you are enabled to doe good with them in the cause of Christ and his Truth. It was Heroicall zeale in
Basill
, who for his constant and bold defending of the Truth against the
Arian heresie
, being threatned death by
Valens
the Emperour, answered,
eithe genoito moi
,
Oh that I might dye for the truth
!
I beseech you (Noble Worthies) by the many
Petitions
you have had from men, by the
solemne Protestations
you have made to God, by his wonder working
Providence
about you, and by the
dependance
of the Protestant
cause
abroad hath upon you, stirre up your
Resolution
in the behalfe of Truth. Would you have the name of this
Parliament
embalmed with everlasting perfume? Improve your power for the true Religion. Justifie our
Magna Charta
, the grand Charter of Scripture truthes, that doth entitle us to Salvation. Confirme unto us our
Petition of Right
, establish upon Pastors and Churches, so much interest in the power and use of the Keyes, as the Word of Truth doth allow them. Maintaine amongst us a free course of trading for eternall happinesse, set and keepe open those shops, such Pulpits, such mouthes, as any Prelaticall usurpations have, or would have, shut up. Secure to us not onely liberty of person and estate, but also liberty of Conscience from Church tyranny, that we be not pinched with ensnaring oathes, clogged with multiplyed subscriptions, or needlesse impositions, which will rather increase then compose distractions. Together with
Priviledges of Parliament
, let us have
Church-priviledges vindicated
, helpe us to purge out
that old leaven
, whether of
Doctrine
, of
Disposition
, or
Persons
, that we may have Sacraments, more purely administred, according to the rule of Truth; let us be sure of this
Militia
, inviolably setled, the sword of the Spirit, which is the Word of God,
Ephes.
6.17. Guard that
Magazine
, wherein are laid up the weapons of
our warfare
, that
are mighty through God, to the pulling downe of strong holds
, 2
Cor.
10.4. So shall we be put into a good posture for Reformation.
Act
undaunted resolution
, in the prosecution of these religious Designes, then may you confidently expect Christs glorious and gracious presence amongst you.
Luther
would assure you thereof,
Where the Word of Christ doth raigne
, saith he,
there are the eyes of Christ fixed on the holy Professors of Truth, but where the Word of man reigneth, although there were as many Popes, as there be leaves in the wood, and as many Cardinals, as graines of Corne, &c.
Iu her. de abrog. miss. privat.
As many Bishops, as
drops of water in the Sea, and all of them glittering in Gold and Jewels,
Gemmati, purpurati, mulati, & asinati
, to maintaine their owne Lawes, yet are Christs eyes turned away from them
.
2
Proposition
.
Truth, though it must be bought, yet it may not be sold
.
The Wisedome of Scripture directs us to severall purchases,
Isai.
55.1. Every
thirsty
soule is invited to
Come and buy Waters, Wine
, and
Milke
; Seeke to Christ upon his termes, for variety of sweet Soulemercies;
Rev.
3.18. We are counselled to buy of Christ,
Gold tryed in the fire
, the pure graces of Gods Spirit, and the purity of Ordinances;
Ephes.
5.16.
We must be redeeming the time
, not only taking opportunities of doing and receiving good when they are offered, and
seeking
them when they are wanting, but
buying
them at any price. And indeed Christians should be Chapmen to buy, rather then Salesmen to sell. We are commanded to buy, that we may possesse, the end of this possession is use; what Spirituall commodities we have purchased, we must Improve for God and our Soules, but not alienate them from our selves.
Three sorts
of
Hucksters.
There are three sorts of
Hucksters
will be ready to engrosse the Truth from you, if you be willing to sell it.
1. Sort of hucksters of Truth.
Malignant persecutors
, are engrossing
Huckesters
, who watch to interrupt the liberty of the Truth. These, even as
Jannes
and
Jambres
withstood
Moses, resist the Truth, men of corrupt mindes, Reprobates concerning the Faith
, 2
Tim.
3.8. And indeed, therefore resist the Truth, because their mindes are so corrupt.
Qui
atopa
faciunt, quæ minime conveniunt. Pisc.
Such the Apostle cals
atopoi
, absurd men, 2
Thess.
3.2. Men compact of meere incongruities, solæcising in opinion, speeches, actions, and whole life; yea
unreasonable
men,
For all men have not Faith, ver.
2.
Religion
is the highest
Reason
, nothing more irrationall than irreligion. From such spirits arose those conspiracies against the Apostle, endevouring to scotch the Charriot-wheeles of Truth, when they began first to move.
Acts 4. & 5. ch.
No sooner did
Steven
plead for Truth, but some were suborned against him,
Act.
6.11. No sooner did
Saul
beginne to Preach the Truth, but opposers began to consult to kill him,
Act.
9.23. Though not long before he had beene a busie
Apparitor
and
Pursevant
, to Arrest the Saints, and dragge them to their
High-Commission, Act.
9.1. [A strange and suddaine change in them, as well as in him.]
Origen
saith of the Devils;
No greater torment to them, then to see men addicted to the Scriptures
.
Origen.
Num. hom.
27.
in hoc eorum omnis flamma est, in hoc uruntur incendio
.
The same temper of spirit appeares in the devils agents upon the killing of the witnesses,
Rev.
11.10.
They that dwelt upon the earth shall rejoyce over them
, and make merry, and
shall send gifts one to another, because these two Prophets tormented them that dwell on the earth
; And therefore they will adventure peace of Conscience, and hope of Heaven, yea, the whole stocke upon it, that they may buy up Truth out of the Churches hands; and sometimes malice rises to such a height, that even in
England
the
Bible
must be burnt, as
strange Doctrine
.
Tanquan Doctrina peregrina
.
2. Sort of Hucksters of Truth.
Seducing Heretickes
, whose endevour is to corrupt the
purity
of Truth. The great Apostacy from the Faith, 1
Tim.
4.1. is brought about by giving
heed to seducing spirits
. The Pope hath many Emissaries abroad, who joyne with the Devill, studying a method of Soule-deceiving, and Truth-betraying. Compare
Ephe.
4.14.
methodeian tēs planēs
, with
Ephes.
6.11.
methodeias tou diabolou
, you shall find the devill and deceivers artificially methodizing their snares to draw us from the Truth, 2
Pet.
2.1. False teachers have alwayes practised to bring in
damnable heresies
. The beginning of grosse errours may be modest; yea, the foulest Heresies may at first appeare with faire faces. The Serpent creepes into the Paradise of the Church by degrees: as 2
Cor.
11.3. his plot is to corrupt peoples mindes,
From the simplicity that is in Christ
; First, he will puzzle them with a question, as he did
Eve
, put a command of God, a knowne Truth to be disputed, then helpe them to mint some distinctions, (which are not alwayes so happy in Divinity as in Philosophy) thereby to relieve and helpe in an errour.
And here it may be observed, though these men have the same designe with malignant persecutors, to engrosse the Truth, yet cunningly they will buy it up by parcels, that they may be the lesse discerned. They will trade first in
names
, then in
things
, first habituate us to call our Ministers
Priests
, our Communion Tables,
Altars
, before they impose superstitious gestures. This was the
Rhemists
straine of policy.
Rhem. Test.
Let us keepe our old words, and wee shall easily keepe our old Faith
.
1 Tim. 6.20.
This graduall Huckstering up the purity of truth, is most cleare in Image worship. At first, Images and pictures of Saints were used in private, for Memory, History, or Ornament onely; Afterwards with like colour of pretence brought into the Church in
Gregories
dayes, yet with expresse prohibition of worshipping them; Afterward the second
Synod
of
Nice
enjoynes it, though more modestly, and
respectively onely in regard of that which they represent
; But since the councell of
Trent
, it's risen to grosse Idolatry.
Bellarm.
de Imag. Sanct. l.
2.
c.
21.
3 Sort of Hucksters of Truth.
Neutrall Politicians
, who will be buying Truth out of our hands, by formalizing and enervating the
power
of it, till at last they leave us an heartlesse and saplesse Religion. Among the Lawes of
Solon
, there was one which thundred against such, who in a civill uproare amongst the Citizens, sit still as neutrall spectators.
Plut.
in vita
Solon
.
It were happy for the Church, if there were a more strict course taken against all lukewarme Machivillians, who by their neutrality undermine Religion; of this straine was
Jeroboam
, that grand Politician, who created to himselfe a State Religion; out of Love to his Crowne, he set up
golden Calves
; he hindred the people from going to worship God at
Jerusalem
, lest they should turne againe
unto their Lord, unto Rehoboam King of Judah
.
1 Kings 12.27,28.
Worldly wise men, as they are time-servers, so they are selfe-servers, and whatsoever become of Christ and his truth, selfe shall be advanced into the Throne; such mens heads over-match their hearts, their policy out-runneth their Religion; when the glory of Christ and his Gospell come in competition with their selfe ends, selfe shall first be gratifyed; most unlike to
Paul
, who
Phil.
1.20.
kata tēn apokaradokian
, stood as it were on tip-to, looking earnestly after the magnifying of
Christ
, what-ever became of himselfe,
Whether in his life, or in his death
.
I may produce three Reasons to fortify you against selling Truth to any Hucksters.
1.
Reason
.
Truth is in it selfe a
precious Jewell
, of most incomparable worth, gained into the possession of the Churches, not without much difficulty; and therefore cannot without great disparagement to its excellency, and to the zeale of others, be alienated and chaffered away.
Gospell Truth at first cost the blood of Christ, then watered with the blood of many Martyrs, which made it throng up so plentifully. It is observeable, the Church hath beene seldome fully possessed of any Grand Truth, without much debate, without some bloody sufferings.
Nil tam certum quam quod post dubium certum
.
How deare did it cost
Athanasius
to justifie the Divinity of Christ, against the
Arians
? and shall we suffer any of that kindred to buy it againe out of our hands! How couragiously did
Augustine
rescue the
Doctrine
of
Grace
, from the
Pelagians
hands, whom he cals the
Enemies
of
Grace
? and shall we suffer it to be betrayed to their Brethren the
Arminians
!
How farre did
Luther
hazzard himselfe, to advance
Justification by Faith in Christ
? It is a grosse shame that sweete Truth should be lost in the language of any
Innovators
, who will have workes to concurre in
eodem genere causæ
, to share equally with Faith in the very act of justifying.
Many of our ancient Worthies, like
Wisedomes Children, Matth.
11.19. set themselves to
justifie Wisedome
; they have endevoured with much
sweat
, and many
teares
, yea, with their
dearest lives
, to settle the Churches Land-markes by evidence of
Scripture Arguments
, and to bound the Truth by
Decrees of Councels
; we must not prodigally dispossesse our selves of such a Treasure.
We reape the fruite of our Reformers zeale, who bestirred themselves so much against Popish Altars, and other Church usurpations for the purging of Religion in
England
.
God forbid, that we should sell for trifles, what they possessed us of with so much difficulty. It concernes us rather to concurre with them, yea, to promote their beginnings with all our might, that we may have such Churches, such Officers, such election and ordination, such jurisdiction, such exercise of Church power, and all such administrations as are most agreeable to the Truth.
2
Reason
.
Truth is the Churches Talent, committed to her trust, and therefore must not be sold.
Rom. 3.2.
Trust being a strong obligation to fidelity. Upon this ground the Apostle,
Jude vers.
3. Exhorts Christains to
Contend earnestly for the Faith, once delivered to the Saints
. You must never expect another edition of the Faith, (God reserved that solemne change from Jewish to Evangelicall worship, for the Inauguration of his Sonne) zealously strive for this Faith you have, against all opposition. In that knowne place, so much abused by Papists, 1
Tim.
3.15. The Church of
Ephesus
(this cannot be appropriated to the Church of
Rome
) is
the pillar and ground of Truth
.
Stylos
not
sensu architectonico
but
forensi
.
Not a pillar to
uphold
, but to hold forth Truth, not so much
themelion
as
hedraiōma
, the seate of Truth; every pure Church being a depository of Truth, where it is to be found, as the candle in the Candlesticke. All the sonnes of Wisedome have a share in that of
Paul
to
Timothy
, 1
Tim.
6.20.
O Timothy keepe that which is committed to thy Trust
.
This made the primitive Worthies so conscientiously zealous in the cause of Truth; and that not onely of many Truthes, but even of formes of speeches, of syllables, yea of Letters. The difference betwixt the Councell of
Nice
and
Arius
, was but in a Letter, whether
homoiousios
or
homoousios
. The controversie whereupon the Greeke and Latine Churches broke, touching the proceeding of the Holy Ghost, depended upon two prepositions,
ek
and
dia
. The monstrous heresie of
Nestorius
lay but in one poore letter,
theodochos
for
theotokos
, when he would not gratifie the Church therein, as
Cyrill
desired him, many
Bishops
rose up against him, so religious were they, that they would not exchange a letter, or syllable of the Faith, wherewith their Saviour had betrusted them.
3
Reason
. Selling Truth opens a doore.
Selling Truth is the worst, the most undoing Trade; it sets to sale both Gods glory, and your owne Salvation, being it opens a doore to both extreames in Religion, to Prophanenesse, and to Superstition.
1 To Prophanenesse.
The Schoole of Christ is indeed a Schoole of affection, and of action, but first of knowledge; we must have science before we shall make conscience of our wayes. This makes the god of this world, the Devill, bestirre himselfe to blinde peoples mindes,
Lest the Light of the glorious Gospell of Christ should shine into them
: he well knew that darknesse of mind, betrayes us to workes of darkenesse. When men walke in the darke,
They know not at what they stumble, Prov.
4.19. They will stumble at Christ himselfe, at the strictnesse and purity of his wayes, and soone plunge themselves into the grossest wickednesse.
In a Synod at London Anselme forbad Priests Marriage in England, and in the next yeare were discovered a great company of Sodomites amongst them
.
Alfred. Annr.
1102.
Such is the wofull fruit of selling Truth, which would be a spur, quickning to good, and a bridle restraining from evill. It is no wonder to find such treacherous practices amongst the Papists, their erroneous doctrines open the sluces unto them. Upon a sleight confession of sinne, they may receive a cheape absolution, and thereby are emboldned to renue the commission of it. That
Taxa pœnitentiaria
, amongst the Pa pists, that low rate which is put upon the greatest sinnes in the Popes Custome house; so contrary to the word of Truth,
Rom.
6.23.
The wages of sinne is Death
, encourages people to the greatest prophanesse.
2 To Superstition.
Ignorance of the Truth is a fruitefull mother and helpefull nurse, both to prophanesse of practice, and to superstition in devotion. See it at
Athens, Act.
17.22,23. There they were fondly superstitious, where their Altar had this inscription,
To the unknowne God. Aquinas
attributes the inchoation of Idolatry it selfe,
To the inordinacy of our affection
, and our
Ignorance of the true God
. Whence came superstition so much to swarme in the darke ages of the Church? because they neglected the word of Truth, and followed Traditions.
Traditiones pontificorum sunt pandectæ errorum et Superstitionum. Chemnit.
Hence it is observed that Learning and Religion have falne and risen together. When the light of Truth hath beene ecclipsed, by the decay of learning; the heate of Religion hath much declined. The weedes of superstition,
sponte nascuntur
, will grow of their owne accord in darke corners; as having advantage of the soile, so much connaturallnesse to peoples corrupt hearts. The Popes Chaplaines need not take much pains to teach ignorant soules to be superstitious; If Orthodoxe Preachers of the Truth be but suspended, we shall soone have reason to complaine with that great man in the Councell of
Lateran; Piety is almost sunke into Superstition
.
1 Use of caution.
Beware of expressing any indulgence unto such, or holding any complyance with them that sell the Truth. The whole Tribe of
Benjamin
came to be extinguished, except about sixe hundred, onely for countenancing a few sonnes of
Beliall
in
Gibeah
, who had abused a Levites Wife,
Judg.
19. and 20. chap. Christ was angry with some of the Churches, not onely for being active in evill, but passive of evill,
Rev.
2.14.20. The Wisedome of this great
Councell
hath beene inquisitive after monopolists, or any that encroach upon the Common-wealth. Give me leave to discover an unhappy
Church-confederacy
, whereby Truth hath beene shamefully sold in many places.
4 Sorts accessary to the selling of Truth.
There are foure sorts of persons, herein deepely engaged.
1 Scandalous professors.
First,
Scandalous apostate Professors
of the Truth, who alienate the Truth from themselves, and alienate the mindes of others from the Truth. They make the word of
God blasphemed, Tit.
3.5. Such are described with blacke Characters by
Jude
verse 12,13.
There are spots in your feasts of Charity, when they feast with you, feeding themselves without feare; clouds they are without water, carryed about of windes; trees whose fruite withereth, without fruite, twice dead, plucked up by the rootes; Raging waves of the Sea, foming out their owne shame, wandring starres, to whom is reserved the blacknesse of darkenesse for ever.
They are employed in evill workes, and they receive answerable wages. What unhappy markets such carnall Gospellers make for the Truth, you may read in many stories; amongst the rest, an
American Noble-man
, being perswaded to embrace the Christian Religion, demanded, First, what place was ordained for such as were
Baptized
? Answer was made,
Heaven, and its joyes
. Secondly, what place for them who were not
Baptized
; Answer was returned,
Hell, and its torments
. Thirdly, which of these places was allotted for the
Spanyards
, it was answered
Heaven
; whereupon he renounced his intended Baptisme, protesting he would rather goe to
Hell
with the
unbaptized
, then be in
Heaven
with the
Spaniards
. Many fall out implacably with the Truth, because they finde many professors such unsavory salt.
2 Ignorant and vitious Ministers.
Secondly,
Ignorant and vicious Ministers
. Some even idoll Priests, like the Idols of the heathen,
The worke of mens hands, they have mouthes but they speake not; eyes have they but they see not; they have eares but they heare not, neither is there any breath in their mouthes; they that make them are like unto them, so is every one that trusteth in them
,
Psalm.
135.15,16,17,18. And indeed it is too often true, like Priest, like People,
Ier.
5.31. Such a creature is not to be found in Christs catalogue, who gave some Apostles, Prophets, Evangelists, Pastors, Teachers. No Prince ever sent dumbe Embassadors.
Ephe. 4.11.
Bernard
.
Bernard
reckoneth up these foure as strange things,
Speculator cæcus, præcursor claudus, præco mutus, doctor inscius
; a blinde Watchmen, a lame Harbinger, a dumbe Cryer, an ignorant Teacher; And indeed a Minister of a vicious life, though not grossely ignorant, is as dangerous an enemy to true Religion, if not sometimes worse, as not barely with-holding, but corrupting and perverting Truth, like
Elymas
the Sorcerer,
Act.
13.10. Yea like
Eli
his Sonnes, 1
Sam.
2.17. who made the
Offerings of the Lord
to be
abhorred
; their ungodly lives are often such confutations of their owne and other mens Sermons, that many thereby are hardned against the Truth,
Ezek.
9.6. the destroying Angell was to beginne at the Sanctuary, and there, too often, beginnes prophanenesse. There hath beene long expectation, as there is indeed great need, of a
Parliament visitation
; to finde out those Chapmen, who will sell Gods Truth, peoples soules, Church-purity with State-liberty, for the satisfaction of their lusts.
3 Prelates supporting Ignorant & vitious Ministers.
Thirdly, Such
Prelates as ordaine or support
these
ignorant
and
vicious
Ministers, I appeale to you, what grosse betrayers of Truth they are. How happy had it beene for the Church in
England
, if they who pretend to succeed
Timothy
, had walked by that rule which
Paul
commended to him, 1
Tim.
5.22.
Lay hands suddenly on no man
? but alas! many are
aposcopi
, rather then
Episcopi
, as
Espencæas
, by-seers
, rather then
over-seers
; hence such swarmes in the Church of backe-friends unto truth.
Field
. on chap, l. 5. c. 29.
If you enquire when so many grosse deformities crept into the Church,
Damasus
will tell you; even then when the Bishops put over the care and performance of Church affaires to others, that they might take their owne ease; like Harlots that put out their owne children to be nursed by others, that themselves in the meane time might satisfie their lusts; by such remissenesse Truth was much smothered, with a multitude of weedes, that overgrew the Church.
2 Selfe-seeking Patrons.
Fourthly,
Selfe-seeking Patrons
are many times deepely accessary to the betraying of Truth, in pre senting most unworthy Ministers. The Lord knoweth how many are so farre from considering the concurring consent of judicious Christians (which was much valued in primitive times) that they neglect their trust for the good of others, and their own soules.
Plebs ispa maxime habet potestatem, vel eligendi dignos Sacerdotes, vel recusandi indignos: quod & ipsum videmus de divina autoritate descendere
.
Cyp. ep. 63
They will obtrude, too often, one of
Jeroboams Priests, one of the lowest of the people
, 1
Kings
13.33. They would not chuse a Cooke to dresse their meate, that were like to poyson them: nor a Physitian (though a Kinsman) which would probably kill them; but, too often, preferre a dawbing Chaplaine, that will comply with their covetous, or licentious humour, though in the meane time the people be betrayed, and the Truth be sold. Will you please to consider what a sad meeting this unhappy fraternity will have at the day of Judgment, if still they persist in truth-betraying.
Scandalous professors
, will curse their wicked Ministers, whose examples poysoned them.
Wicked Ministers
, will cry woe, woe upon such Prelates, who were indulgent to their unworthinesse; and doubtlesse the
Prelates
will be as ready to complaine of many Patrons, who first made the
living scandalous
by withholding maintenance, and then by importunity thrust a
scandalous Minister
upon them.
Oh let it now appeare, that you will not suffer Religion to be betrayed by the least indulgence to any of these evils. Consider what
Sigismond
the Emperour said in the Councell of
Constance
, where the Councell pretended to make a Reformation; one stood up and said the Reformation must beginne at the
Fryer Minorites
; No, said the Emperour,
Non à Minoritis, sed à Majoritis incipiendum est
, Let Reformation reach
Patron
, and
Prelate
, as well as
Minister
and
People
.
If you would discourage scandalous livers, suppresse scandalous Ministers; if you would prevent a succession of them, regulate the power of the keyes, tooke to ordination and jurisdiction: though your Bill against scandalous Ministers were ripened and executed, yet if the
doore
of admission into the
Church
, continue as large as now it is, the next age will swarme againe with the like Drones. And for the Truthes sake, that you may silence all clamours, as if Reformation would discourage learning, and undoe the Church, make good your owne Orders. For the support of an able Ministry; let Patrons and others deny themselves, to raise a sufficient and certaine maintenance, at least open a vent to others Pietie and Charity, who will concurre with you, to afford oyle for burning and shining lampes, by reviving the hopeful
designe
of the
Feoffees
, or what other wayes, your zealous wisdome shall suggest. A great
Civilian
telleth us how Churchmaintenance came to be appropriated to the
Cloysters
of
Monkes
, and how such lands as they held, in sundry Parishes, were freed from the payment of tithes to the Ministers thereof;
Sir
Tho. Rid.
View of Civill Law. part 3. c. 2. Sect. 3.
namely, it sprang from this roote, they insinuated that
Preaching
was not so necessary for the
salvation
of mens
soules
, as their
Praying
, in their
Religious Houses; Preaching
, they said, breedeth
Schisme, Disputes in Religion, &c.
It lyeth as a blot upon them, That by their undervaluing Preaching, many Congregations were robbed of their Ministers maintenance,
Let it be Your Honour
, who have expressed such a high esteeme of Preaching, to endevour the re-endowing those places with such meanes, as may encourage faithfull witnesses unto the Truth.
2 Vse of direction.
To awaken
Your compassionate affection
towards many persons and places, where truth is chaffered away; Religion is a riddle, a paradox, yea, a reproach among them. We should appeare this day, as publique mourners, laying to heart, not onely
personall
, but
State evills
, even
Parliament
sinnes. Is not this just matter of griefe, that in so many former Parliaments, the liberty, the purity, and the power of Religion hath beene so much neglected?
Ancient Lawes
have established Church pompe, Power, Dignity, and Revenues; these are twisted into the severall Statutes, as if they would put in a politicke caveat against after alterations, without shaking the very Foundation, which is now one of the great objections against Reformation. Yea, how much hath Truth suffered by the indulgence that Old Parliament Lawes have expressed to Non-residency, Pluralities, and Insufficiency of Ministers. It hath beene enough if
Legit ut Clericus
; if he can say the
Confession
in Latine, he must be betrusted with soules. Allow something to the necessity of these darker times; yet now the very reason of such being altered, God forbid that truth should any longer be betrayed by an
unwarrantable latitude
. Oh pity your many thousands of expecting Petitioners, who have had many yeares of sad Sabbaths, and sit downe still in much sorrow, complaining for want of Truth. You may heare their groanings in the words of the Prophet
Jeremiah, chap.
8.22.
Is there no balm in Gilead? Is there no Physitian there? Why then is not the health of the daughter of my people recovered?
What? cannot, will not, the Parliament heale us?
It was a strange and dolefull vision that
Ezekiel
had from God at
Hierusalem
, when he saw so many sinfull spectacles; an
image of jealousy, Baals
Idoll,
Ezek.
8.
v.
5. then, a company of grave
ancient men
, every one in the
Chamber of his Imagery
,
Ezek. 8.
ver. 11,12. the Jewish High-Commission, according to some, in those times deepely corrupted; poore
Women weeping for Tammuz
, ver. 14. weeping for the death
Osiris
, King of
Egypt
, and idolatrously adoring his image, which
Isis
his wife had advanced;
Polan in locum
.
and
worships towards
the Sunne,
ver.
16. Would it please you in your serious thoughts, to runne over this Church, this Kingdome, you might see in many places such objects, that
Your eyes would much affect your hearts
. Though in all abominations, wee doe not runne parallell with
Hierusalem
, in
Ezekiels
Vision, yet such wofull fruites of truth-selling, and truth-betraying, as may stirre up your affection, and awaken your Parliament actions.
1.
First, Cast your compassionate
eyes
upon the
Schooles of the Prophets, the Churches Nurseries
. Doe not petitions informe you that divers have there chaffered away Truth for errors; were
Whitaker
and
Reinolds
then
in vivis
, doubtlesse they would blush to see
Bellarmine
and
Arminius
justified by many, rather than confuted. If no
Chambers
of
imagery
be there, yet are there not some
Chappels
, polluted ra ther then adorned with
Images, Altars
, and
Crucifixes
. If no
worshipping
of the
Sunne
there, yet doe not too many pleade for, and practise, and ungrounded worshiping toward the East? It cannot be thought unnaturalnesse in a Sonne to represent the distempers of his Mother, to a Colledge of Physitians especially when the experience of the deepe infection, which some of your beloved Sonnes got there, of the corruption of judgements, prophanenesse and superstition of practise, which many of your Ministers brought thence, will witnesse the same, that Truth hath beene shamefully betrayed, by too many in the Universities.
Munster
reporteth,
That the Jewes were banished out of many Countryes of Christendome, principally for poysoning Springs and Fountaines
. All Friends to Truth had need pray that God would either remove or heale such as have poysoned the
Schooles
of the
Prophets
, the Fountaines of the Land. Our hopes are that God will put upon you (Noble Senators) the spirit of
Elisha
, and helpe you to cast into those waters, such
salt
, that the
Waters be healed
, that there be not from thence any more
barrennesse, or causing to miscarry
, 2
King.
2.19,20. In
Exod.
15. 23,24,25. when the people were come to
Marah, They could not drinke the waters, for they were bitter, and murmured against Moses, saying, what shall we drinke?
ver. 25.
The Lord shewed him a tree, which when he had cast into the waters, the waters were made sweete
, Plant, and uphold wholesome Lectures, in the Pulpit, as well as in the Chaire, (
A Service worthy of the Wisdome and Power of a Parliament
.) Such
Trees
will sweeten the waters there, and drop such fruite, as will much promote the trade of Truth abroad. How many
living stones
, yea how many
Builders
did famous
Perkins
hew, by Preaching a Lecture in
Cambridge
? many
Children
and
Fathers
begotten by his Ministery in a few yeares, to the great advancement of the Truth.
Secondly, Behold with the same compassion,
Cathedrall Churches
, and the wofull effects of
selling
the
Truth
in too many of them; The strange
Vestures
and
Gestures, Images, &c.
in some of their Quires, intimating too much affinity with those
Chambers of Imagery
, in their
abominations
, mentioned
Ezek.
8.10, 11,12. Former Reformations left such nettles growing there, that have since unhappily feeded many other Churches; yea, left so much dust, not onely behinde the doore, but even in the very
Quire
, as hath beene easily blowne about into many corners. They glory in being called the
Mother Churches
, but they have too often proved
Stepdames
to their Daughters, engrossing the maintenance, that should provide the word of Truth for their Soules. What pity is it that
Cathedrall Societies
, which might have beene
Colledges
of learned
Presbyters
, for the feeding and ruling City Churches, and
petty Academies
, to prepare Pastours for neighbour places, should be so often
Sanctuaries
for non-residents, and be made Nurceries to many such Drones, who can neither Preach nor Pray,
otherwise then reade, say, or sing their Prayers
; and in the meane time Truth much obscured in a
Non-edifying pompe of ceremonious service
.
Multitudine levissimarum seremoniarum pene est extincta pietas et vis spiritus Sancti
.
Gerson.
It was a notable designe of those Bishops at
Bononia
, that gave
Pope Julius
the third this very Counsell, how to establish the
Roman
Religion;
Let the people
(say they)
have pompous Prayers, Images, Tapers, Organs, and divers musicall instruments in their Temples
; These are things with which the people are much delighted, and being taken up with these, they almost forget that doctrine which is so destructive to us.
Hæc sunt quibus vulgus præcipue delectatur, et quorum gratia doctrinam illam quæ vobis exitialis est fere oblivicitur
.
p. 4.
Let your compassion move you to counter-worke all such plots; as
Church-deformers
sought to corrupt Cities, and places of confluence; so let those that professe themselves
Church-Reformers
, when the Harvest is greatest, expresse the greatest care to send forth most faithfull Labourers for the Truth,
Matth.
9.36,37. This were to resemble your Saviour.
3.
Thirdly, Behold with weeping eyes the many
hundreds
of
Congregations
, in the Kingdome, where millions of Soules are like to perish for want of Vision; Truth is sold from amongst them, either by
Soule-betraying-non-residents, Soule-poysoning-innovators
, or
Soule-pining-dry-nurses
. In too many places the very
Image of jealousie
, the
Idoll of the Masse
is set up, yea, the
Comedy of the Masse
acted, because there wanteth the light of Truth to discover the wickednesse and folly of it.
Missæ Comœdia
in P. Martyr
.
Do not some of you that live on the Welch coasts, cry out with your Neighbours,
Woe is me that I sojourne in Meseck, and that I dwell in the tents of Kedar
,
Psalm.
120.5. Doe not some of you inhabit the North parts, where you may complaine (in the word of
Nicholas Clemang. pag.
15.) How many
Priests
came to their
Benefices
, not from the
Schooles
, and their
study
, but from the
Ploughes
, and
servile Occupations
, which could neither
Reade, nor Understand Latine
? Where in many miles, not a Minister that can
orthotomein
, and
orthpodein
Preach
, and
live, Sermons
. I wish every
Parliament-man
had a map of the Soule-misery of the most of the
Ten thousand Churches and Chappels in England
; I hope it would draw forth your compassions, and stirre up your endevours to rescue Truth out of their hands, who would sell it, and set up the trade of Truth in poore darke Countries.
Had I the favour to preferre a Petition unto You in the name of
Universities, Chiefe Cities, Country Congregations
, yea, the
whole Kingdome
, and were sure of a propitious eare from you, I would summe up all in this clause, in this one breath:
Improve Your Power to helpe forward the Word of Truth, that it may runne and be glorified
.
2 Thes. 3.1.
This
would maintaine love and loyalty to our
Soveraigne
. Where hath he most hearty Prayers, but where Truth most prevailes?
This
would teach men to justifie the power, and comply with the
Authority of Parliaments
. Who have more undermined and maligned Parliaments, then such Ministers as first betrayed Truth?
This
is the way (if any) to reduce
seduced Papists
.
Contra Pontificies parum Legibus aut libris profici, quousque firmum et idoneum ministerium in ecclesiis constitutum fuerit
.
Whitak.
Humane Lawes will pinch their purses. Send divine Truth amongst them, that may satisfie their consciences. This is the most Soveraigne meanes to compose Church-differences. Why doe we contend? (saith
Augustine
) are we not Brethren?
Our Father dyed not intestate, let his Will be publiquely produced, and all men will be quiet
. This is the best way to make the Reformation thorow and lasting, because this would engage the peoples hearts. 2
Chron.
20.32,33.
Jehosaphat did that which was right in the sight of the Lord; Howbeit the high places were not taken away; for as yet the people had not prepared their hearts unto the God of their Fathers.
Josiah
, a good King, did much, yet because the peoples spirits were not wrought to concurre with him, the worke soone vanished, and Gods Judgements brake in upon them. Goe on, therefore (Honourable Worthies) improving your influence to prevent the selling of Truth.
1.
First, Provide that every
Congregation
may have an able
Trumpet
of
Truth
.
2.
Secondly, Especially let
great Townes
, places of confluence, have Lectures,
Markets
of
Truth
.
3.
Thirdly, Afford any faithfull
Paul
and
Barnabas
incouragement, yea, Power, if
Sergius Paulus
desire to heare the Word of God, to goe and Preach, though
Elymas
the Sorcerer should be unwilling;
Act. 13.7.8.
such
ambulatory exercises
have brought both light and heate into darke and cold corners.
4.
Fourthly, What if there were some
Evangelicall, Itinerant Preachers
, sent abroad upon a publique stocke to enlighten darke Countries? Thus might you reape glorious fruits of all your Counsels, teares, prayers, and paines, in seeing
Dagon
fall downe before the
Arke
of truth.
3 Vse of Dehortation.
I have endevoured, (though in much weaknesse) with
words
of
Truth
and
sobernesse
, to plead the cause of
Truth
. I must end as an importunate Sollicitor:
O sell not the true Religion upon any termes
. Much of my Rhetoricke to perswade you is within you. I speake to your
selfe-love
, as you are
Men
; to your
conscience
, as you are
Christians
; to your
Wisedome
, as you are
States-men
; to your
Honours
, as you are
Noble: Be alwayes buying, but never selling the Truth. England
hath had an happy taste of your zeale for Truth, and against the corrupters and betrayers of the true Religion. The Lord from Heaven hath appeared mightily for you, when you appeared much for him in the cause of Truth. God forbid that ever this Parliament should lose any of it's first love to Religion, and the Reformation of it, then may you expect to drinke of
Solomons
bitter cup,
The Lord was angry with Solomon, because his heart was turned from the Lord God of Israel, which had appeared to him twice
. God forbid that
Rhehum
the Chancellor and
Shimshai
the Scribe, should outstrip
Zerubbabel
; That
Tobiah
and
Sanballat
, should outbid
Nehemiah
in any cause of God.
1 Kings. 11.9.
Rather let the malignancy of malignant opposers enflame your zeale for the Truth. O that we could now all close this day of humiliation, with the proper worke of the day, covenanting with our God, making it our sealing day;
Nehem.
9. 38. At a solemne Fast,
Princes, Priests and Levites, did make a sure covenant, write and seale unto it.
Let us
this Day
, not onely give earnest, for the purchasing of Truth, by the fixed purposes of our hearts, but even give as it were
hands and seales
, that we will never sell the liberty, purity, or power, of Religion upon any termes.
Will you please to these particulars?
First,
That you will not sell Truth out of carnall feares
; you have a good invitation to it,
Rev.
21.7,8.
ho nikōn
he that is
over-comming
, not he that hath overcome, shall inherit all things, and I will be his God, and he shall be my sonne,
But the fearefull and unbeleeving shall have their part in the lake that burneth with fire and brimstone
. Read over the story of
Francis Spira
with trembling, who out of such
feare betrayed
the
Truth
. After he had gon to
Venice
to the Popes Legate, with whom, out of carnall feare, he complyed, craving pardon of him, and yeelding to recant that religion he had publickely professed; when he
returned to his house, he could not rest an houre, no not a minute, nor feele any ease of his continuall anguish
; from that night he was much terrifyed with horror, and as he confesseth,
He sawe plainely before his eyes all the torments of hell and the damned; and in his soule did heare the fearefull sentence, being drawne before the Judgement seate of Christ
. Hold fast the Truth, let faith triumph over feares. If
Peter
will deny and forsweare his Master, at best he must returne by weeping crosse:
Matth. 26. 74.75.
many are irrecoverably smitten with that Thunderbolt from the Lord,
Heb.
10.38.
If any one draw backe, my soule shall have no pleasure in him.
Secondly,
That you will not sell Truth for your own private advantages
. It was a wretched carriage in
Demetrius
, and his fraternity, who out of love to their owne gaine, did combine and consult how they might undermine and betray the Truth.
Act. 19.24,25.
Sirs, ye know that by this craft we have our wealth
; This made them so zealous for their
Diana
; and so fierce against the Gospell; If Truth doe prevaile,
Diana
must downe, and then farewell their profit. Resolve rather to resemble
Moses
then
Demetrius
, who,
Heb.
11.25.
Chose rather to suffer affliction with the people of God, then enjoy the pleasures of sin for a season.
His Faith did so rightly enforme his Judgement, that he counted the
Reproaches
of Christ, (which seem the bitterest thing in Christianity)
greater riches then the treasures in Egypt
, ver. 26. How much did he then preferre the Consolations, which come by Religion, before all worldly excellencies? Such a spirit was in
Luther
, who when he was offered to be Cardinall, if he would be quiet, replyed, no,
Not if I might be Pope
. He had an holy scorne to be put off from his Religious designes, by such withering petty things.
Thirdly,
Sell not Truth for politicke State ends
.
When you come to settle Religion doe not deale onely like politicians, but like Christians.
Worldly wisedome
in the things of God is a rule too
short
, too
crooked
, too
partiall
, yea foolishnesse with God.
1 Cor. 3.19.
Ieroboam
would play the politician in Religion, he sold the true worship of God for his State ends, and for ever inherits this as a blot upon his name, 1 King. 15.30.
Because of the sins of Jeroboam which he sinned, and which he made Israel to sin, by his provocation wherwith he provoked the Lord God of Israel to anger.
Most renowned was the zeale of King
Edward
the sixth for the Truth, when upon reasons of State he was pressed by
Cranmer
and
Ridley
, to give way to the Masse; he refused it with so much resolution, with so many teares, that they acknowledged he had more divinity in his little finger then both they. In things about
meum
&
tuum
, that concerne our owne interest, we may be more liberall, but in Church affaires the word of truth must guide us. It is not in our power
quicquam hic aliis dare, aut in aliorum gratiam deflectere
; we may not therein gratify one another.
Calv.
Epist. prot. Angl.
Fourthly,
Sell not the Truth for pretences of Church peace
. I confesse the name of peace smels very sweete; and now especially (in the midst of such Church distractions and such wantonnesse of opinions) were to be purchased at any rate, except with the losse of Truth;
Eph. 4.3.13.
It is a most lovely sight to see unity of peace imbrace unity of faith; to behold the household of faith, the family of love; O that we could all observe the present breaches with the same affectons that
Augustine
did the differences betwixt
Hierome
and
Ruffine.
Hei mihi, qui vos alicubi simul invenire non possum.
Aug. Ep.
15.
Woe is me
that I cannot find you both together, I would fall downe at your feete, with much love and many
teares I would beseech you for your selves, and for one another
, and for weake Christians
for whom Christ dyed
, that you suffer not these dissentions to spread, &c.
2 King. 17.33.
But, in the meane time, we must not be such reconcilers, as to bring in a Samaritan Religion, an Interim, an uncomfortable mixture. We must not receive Babylonish inmates into the Lords House. Light and darkenesse, Truth and error, will never long dwell quietly together.
Fifthly,
Sell not Truth for the pompe of humane Ceremonies
. Admit that
Ceremonies
were first let into the Church, with the faire
intention
of the guiders and leaders; and entertayned by the
credulity
of well-meaning people, before the mystery of iniquity was much knowne; yet since, being so
superstitiously
abused by the Pope and his party, and so rigidly pressed, for the upholding the pompe of Prelacy, with no small disadvantage to the Truth; let us part with them, rather then sell any sparke of Truth for them.
Never say they are ancient.
Jesus Christ is my antiquity
, saith
Ignatius
.
Emoi archeia esti Iēsous ho Christos.
Ignat. epi. ad Philad.
We must look for antiquity of Institution not onely of Custome. Never say, they are indifferent. If indifferent onely, and not expedient, they may the better be spared. Others will say, our Doctrine takes off the Scandall of the Ceremonies. However, better have the stumbling blocke removed out of the way, then to have a monitor appointed to give you warning of it, he may fall asleepe, and then you are in danger.
Quid si vel non satis attenti sint monitores, vel frustra ploreque moneant?
Beza. ep.
8.
Grindal
Anno
1548.
Many tender consciences wish the same successe about our Ceremonies, that was in King
Edward
the sixth his dayes, about the Images. Some people contending for one Image, others for another, gave occasion, that the King tooke downe all.
Who knoweth whether God hath called you to this Parliament to accomplish this amongst other services
?
Ester 4.14.
If you doe fully come off, to give in your hands, your hearts, your sealing actions, that you will not upon any termes sell the Truth, as you tread in good
Hezekiahs
steps, I doubt not but the Lord will Crowne your piety and paines with his Diadem, 2
Chron.
31.20,21. Thus did
Hezekiah
throughout all
Judah, and wrought that which was good and right, and Truth before the Lord his God, and in every worke that he began in the service of the house of God, and in the Law, and in the commandements to seeke his God, he did it with all his heart and prospered.
FINIS.
A SERMON, Preached at
St. Marie's
in the
University
of
Cambridge
May 1st, 1653. OR, An Essay to the discovery of the Spirit of Enthusiasme and pretended Inspiration, that disturbs and strikes at the
Universities
:
By
Joseph Sedgwick
, Mr. of
Arts
, and Fellow of
Christs Coll
: in the
University
of
Cambridge
.
Together with
An Appendix, wherein Mr.
Del's
Stumblingstone
is briefly repli'd unto:
And
A fuller discourse of the use of
Universities
and Learning upon an Ecclesiasticall account, submitted by the same Authour to the judgement of every impartial and rational Christian.
LONDON
: Printed by
R.D.
for
Edward Story
, Bookseller in
Cambridge
,
An. Do.
1653.
To the READER
.
Courteous Reader
,
You have here made more publick a few sudden thoughts delivered lately before the University of
Cambridge
, which I then thought, and some since, that are more able, have judged not unseasonable; being occasioned by a second discourse of Mr.
Del's
the week before, wherein he made a further attempt upon the
University
and the
Ministery
of our Church. Upon perusal of some notes taken after him, attested to by some of his hearers, and which I saw to be in his genuine & usual strain; I discovered much that deserved a downright check, and a plain detection (as farre as I could) of his Spirit. For the
Sermon
, it was sudden, but not inconsiderate, being but a composure and collection of what I had at several times observed by diligent attending upon his preaching, and reading some discourses of his and others of the same Spirit. Though, I will acknowledge, that was not all I got by his Sermons, wherein I have many times observed some choice Truths, which fully explained & with a spirit of sobriety, so as to be reconciled with other Truths, would have very great influence upon the Spirits of men to reall Christianity. Errour usually is founded in some notable Truth, stretch'd a little too farre. And, though I many times saw ground of dissent, and seemed to perceive some overlashings in his expressions, I was very ready in discourse with others to put the favourablest construction upon his sayings, and to beleeve his designe pious and religious: being content with the truth which I saw at the bottome, and judged that he aimed at. Give me leave freely thus to have exprest my mind, who desire to be in bondage to no mens dictates. But now I am at a stand. Indeed, I could no longer believe against so visible an appearance of censorious uncharitableness, & a designe (to my thoughts) absolutely destructive to the Church of Christ, without a most miraculous Providence. Upon this ground I adventured, according to the smallness of mine abilities, upon a vindication of our
Clergy
. Withall, I seemed to apprehend a great neareness between the False-teachers of old & this Spirit that now comes forth with the highest and most raised pretensions. I can truly say, that I endeavoured not to wrest Scripture to compile a Character, but took those that naturally seemed to unmask this Delusion. If any think that I have imitated Mr.
Dell
in putting laudable things into bad words, let him but seriously weigh the expressions, and the worst he can find (I hope) will be but plaine downrightness of language, that I might not put mine Auditours to a guesse at my meaning. And this is all the bitterness in the ensuing Sermon, and that I am conscious to my self of. For as to rancour and malice, I thank my Creatour, it is quite opposite to my natural constitution, which disposes me to more soft pliableness. To prevent misapprehension, let me explaine the word
Schismatick
, which may possibly offend some mens Spirits at the first view, and in truth the frequency of using it hath almost made the thing inconsiderable.
Schisme
or
Separation
are in the Apostles estimation sins of a very high nature. To speak my mind clearly: I call not this
Schisme
, when a tender Conscience, without all sinister or carnall respects, abstaines from that communion which prescribes things unlawfull, or indifferent things which seeme to him unlawfull, as a necessary requisite of Church-fellowship. I think it no impossibility to withdraw from outward communion (because of something which my Conscience forbids me to communicate in) nay, and to assemble together in a more unquestionable way of Gods service, and yet in heart to retaine communion with the Church. For in this case, I would faine communicate with them in the Ordinances of Christ; and I can still be so modest as to think they may have better grounds for what they practice, then I can as yet make out to my self. But for to institute new disputable terms of communion, and to debarre the members of another Church by other institutions from partaking with us in the service of God, is a practice which I leave others to defend. Notwithstanding a condemning, censorious, Churchexcommunicating separation; a separation upon pretence of greater holiness, a deniall to communicate with any Church professing Christ in lawfull and undoubted worship (as Prayer, hearing the Word and receiving the Sacraments) upon an opinion of our being more spirituall, and their carnality, is (I really believe) a soul-endangering schismaticallness. To slight duties themselves, is yet higher. And the ground of this censure, which is the truth of our worship, I shall in some measure take upon me to maintain in the
Appendix
. For that part of the Character which concerns
swelling words
, be pleased to take notice I am no enemy or undervaluer of zealous and raised affections, true height of expression, or sanctified fancy. I require no more but correspondent conceptions, that they be expressions of something, and proceed from real sense of and true fervency in the waies of God. Then indeed they beget warmth of affection, and truly heighten the soul, when they are natural, and not affected. In what else may fall under suspicion, or seem weak, be pleased to have recourse to the
Appendix
, and the subjoined
Treatise
, which may afford some light and strength to that which was to be exprest more popularly in a Sermon: though, I am sure, I aimed not to impose in the least measure upon the people, as I could not upon the more judicious part of mine hearers. Read, and judge freely all that you read. I have but one request; that you will pardon the weakness of the Authour, who confesses himself not to have attained to undeceivableness of judgement, but to be barely a lover of Truth. What will not abide an exact examination, condemne as freely that, which if it prove but to be false, shall never once be pleaded for by him who desires to be devoted to nothing but Truth and Love. This is all, if you will but remember that the whole Work is of a
private man's
making, and comes farre short of the tenth part which our
Reverend Ministers
and the
Learned Universities
can produce in their own and the Truth's defence. It is too, the work of one of the meanest of the welwishers to the peace of our
Jerusalem
. Then you need not be afraid to judge impartially, which is the onely intent of this present publication. Farewell, and the Lord enlighten us all.
1
Cor.
14.1.
Follow after Charity, and desire spirituall gifts, but rather that ye may prophecy.
Diōkete t ēn agapēn zēloute de ta pneumatika, mallon de hina prophēteuēte
Follow after Love, and be zealous of the gifts of the Spirit, but more especially of an ability to prophecy.
IF the words might admit of this sinister construction, Persecute Love and banish it the Church, be ye likewise envious about spirituall things and contentious pretenders to the Spirit; we could shew in this present age an exact conformity to the Apostles exhortation, and you might all beare me witnesse that in these our dayes this Scripture is abundantly fulfilled in the practise of many; nay, hath been fulfill'd in the eares of this Congregation. But then S.
Paul
must run counter to the whole tenour of the Gospel, whose new Commandment is,
Love one another
; and contradict himself, who elsewhere reckons
echthrai, ereis
and
zēloi
,
hatred, strife and contention
, among the works of the flesh.
Gal.
5.19,20. No, Pursuite after Charity, and such an endeavour after spirituall endowments as may consist with Charity, are undoubtedly the duties commended unto us by the heaven-inspired Apostle. How tumultuous and disturbant soever counterfeit inspiration, or vaine and bold arrogating of divine light may prove to be; the Spirit of God, and an earnest striving after the gifts thereof, do very wel joyn and must stand in conjunction with that perfection of the Christian Law, that
kath' hyperbolēn hodos
, that
more excellent and surpassing way
, which S.
Paul
promises us in the 12 ch. of this Epistle and the last verse, and further shews us in the 13 ch. and then concludes that
encomium
of Charity with the words of my Text,
Follow after Charity, and desire spirituall gifts.
Follow after Charity
] That is the first part of his exhortation. As if he should say, Be ye indeed the Disciples of Christ, having that distinguishing mark and character of Christianity, Love or Charity. First be true, reall and living Christians: then be able Christians, men fit for employment in the service of the Church. And this speaks to every particular member of the body of Christ. This is a grace of particular concernment, nor can any plead exemption from this duty by reason of private condition or degree in the Church. Indeed all are not Eyes, all are not Heads, but all may, all must love. It suits well with the state of every Christian, and hath no contradiction from the rules of order and
decorum
in religious Societies. These spirits, this warmth must diffuse it self into every part of Christs body. All must love, or cease vainly to professe the Gospel of Love. No circumstances can dispense in this everlasting law of Love. All must love, and all must be loved. As its subject, so its object is universal, God, Christ, our neighbours, nay our enemies and persecuters must be requited with love. And if enemies, much more our Brethren in Christ, men baptized into the same Spirit and profession of our most precious faith: which, I conceive, is chiefly the love inculcated by our Apostle, which we must pursue.
Diōkete
.
First
, as that which is subject to fly from us. It is strange to consider how apt this so pleasant and necessary a grace is to vanish and slip out of the hearts of men. How easily doth this saving and healthfull heat expire, waxe cold, or turn into violent and scorching flames? In the primitive times, this holy fire, though but newly descended into the hearts of believers, yet presently was in a great part put out by schisme and contention. None have greater ground to love, or stronger arguments to charity, then we who have embraced the Christian faith, yet none more prone to variance and uncharitable animosities. It is not for nothing that the Founders of the Church (the inspired Apostles) insist so often upon this commandment of Love, and that S.
Paul
musters up such effectuall enforcements,
Phil.
2.1,2. I know not how, but there is, I am sure, a strange averseness from Love in the hearts of Christians, and every thing administers matter of hatred and mutuall abhorrence even to the servants of Love. Pursue then Charity, which is ever and anon in danger to be lost and perish, which is each while ready to take its wings and depart from the World; nay from the Church it self, more especially.
2. Pursue charity, though it be to be
pursued
, though it cost you intention and constancy. Pursue it through difficulties and all manner of obstructions. Go on resolved against all impediments and letts whatsoever: yea, though you meet with Spirits that recoile and start back at the very mention of an accommodation, that seeme to abhorre all union and reconciliation (and such Spirits there are in the Church) yet even here follow love, that thus flies from you. Blessed are the peacemakers; blessed are the seekers of peace, that contend earnestly for love and unity, as well as for the truth. Blessed are they that extort peace and love, and force it upon the unwilling: they that by their pliableness and gentleness shame the perverseness, and conquer the refractoriness of the stubborn delighters in dissention. Christians must not stand upon their termes one with another. It is no disparagement to make the first motion to union, and to be leaders in this great duty of Christianity. Nay, rather it is an high piece of honour to condescend to others impotencies, and make the first overtures of peace. There's scarce an higher expression of him who brought peace to us when we were enemies, and of that God, who by preventing love gave life to a return of love in the brests of beleevers, that God, who beseeches his weak and despicable enemies to be reconciled unto himself. Follow after Love, even when men turn away from it, and refuse to admit the profers of a sweet accord.
3. Pursue it earnestly, because it is well worth the greatest vehemency and intention of spirit. It recompences the paines of acquiring it. In a few words: It is that which God delights in, that which God himself is. By this we possesse our own soules. By this we enjoy our selves, our Brethren, our allsufficient God. This disposes us to the receiving of gifts, and sanctifies gifts received, which otherwise would lose their use, viz. of benefitting the Congregation of the faithfull. A soul filled with Love is the fittest to receive the enablings of the Spirit, as being the likeliest to improve and make use of them to the edification of his Brethren. It is Love that draws forth and sheds abroad what strength and ability the soul hath received from the Almighty.
4. And lastly, Follow hard after Charity, for you then run so as to obtain. The earnest seekers of Love shall not labour in vain. Indeed, as for gifts, God dispenses them more arbitrarily, as in infinite wisdome he discerns to be best for his own glory, to be necessary for the Church, and to be most suteable to the Creatures condition. But this grace of Love is never unseasonable for a Christian to receive. Ask here, and you shall have this grace dispenc'd to you according to the utmost of your desires. For this God know's that you have absolute need of , as being necessary to the happinesse of the soul. And herein admire we the goodnesse of God, and the riches of his bounty and grace. Though gifts seem more simply for the publick manifestation of Gods glory, and to be wholly for his service in the Church, yet these he gives out not so ordinarily, not so infallibly: but graces which are indispensably requisite to the soul's welbeing, those he powr's out largely and in abundance. Indeed in his giving gifts, the bringing men to grace and happinesse is the end and designe: and in his withholding the effusion of gifts, he doth usually consult with the good of his servants, proportioning his dispensations to what they are able to bear. Yet neither is he backward in bestowing gifts, where he hath fitted the spirit for their reception, and where any gifts are requisite to the service he hath called his people to. For the second exhortation of the Apostle is not in vain, And desire spirituall gifts.
Desire, covet, or be zealous of spirituall gifts
]
ta pneumatika
i.e. as you have it the 12.ch.v.31.
ta charismata
, the gracious gifts of the Spirit powred out upon the soul for its enablement in the knowledge of the things of God, in dispensing the Truths of the Kingdome, and in the service of the Church. These are to be desired, and that seriously and strongly. For you must remember that a Christian, as he indeed should be, a Christian (I say) whose first duty is to follow after that soul-widening grace of Love, is of a more enlarged spirit then to be satisfied with, and idly sit down in being happy himself onely. He is called out beyond his own private and particular interest, and so farre partakes of the divine infinity and goodness, as not to be streightned and confined to his own Being: but is very desirous that others likewise be admitted to a participation of the like blessedness. Even thus was the nature of our heavenly Father, whose goodnesse staid not in his own absolute Allsufficiency and selfcontentment, but prompted him to a communication of himself to his creatures. And thus is it, thus ought it to be with a Christian. He must desire to spread and diffuse himself for the benefit of his Brethren, his Brethren both of the Church and according to the Flesh. Not onely must he be good himself, but do good unto others. So devoted are true Christians to the glory of God, so enamoured of the excellency of that transcendent and unexpressible goodnesse, that they cannot but earnestly desire that it may gain a generall adoration and reverence throughout the whole Creation. To be willing to spend and to be spent in the service of Christ their Lord, and for the magnifying of his righteousnesse, is the ardent and constant affection of a Gospel-enlightned soul. And upon this foundation is the Apostle's precept here built. It is not a covering preeminence, or to be more considerable then others, to be lookt upon by the rest of their Brethren, and to be eminent in the world: this is not (I say) the reason, why they are to desire spirituall gifts. Ambition were a lesson very naturally learnt, and to desire to overtop others is commoner then that it needed any provocation. But Christian emulation is not founded in Pride or Self: but in a reall sense of their own engagements to God and their Lord Jesus, and a godly, holy and ingenuous shame for their own unanswerable returnes, and backwardnesse represented fully and visibly to them by other mens activity. They desire not that their Brethren should be lessened, but would willingly themselves likewise contribute to the work of the Lord, and do something for their gracious Father. It is Gods glory in the good of our Brethren that grounds the Apostles counsell to these his Corinthians: and that fully appears by what he superaddes for further direction in this their desire,
But rather that ye may prophecy
] It were a great perfection to proportion our love, desire and other affections to the reall nature of their objects. Herein men miscarry chiefly in ordering and graduating their affections. Their passions and inward motions exceed their causes and motives in the things themselves. The Apostle here wisely directs his Corinthians to a preferring of prophecying, i. e. an abilitie of understanding the mysteries of the kingdome, of explaining Scripture, of praying and praising God, foretelling things to come, and discovering the secret and hidden things of men: all which this discourse concludes under Prophecying in its latitude [
See judicious Mr. Thorndike in his Christian Assemblies
.] But why prophecying rather then tongues, rather then miracles? You have in the 2, 3, 4 verses of this chapter, the edification and benefit of the Church. And thence I conceive the chief end of the former precept is easily concludable to be the good of others. The order is; first Love, then Prophecying, then the rest of Spirtuall gifts. Prophecying hath its preeminence as coming nearer to Love, and being in its usefulness and edifying a fuller expression of it, then the other gifts. You have thus in short an account of the Apostles advice. It remains, that we come to our main designe, to accommodate this precept of our Apostle to the conviction of the present age, and direction of my present Hearers.
The Apostle warrants a reproof both to the bitterness and uncharitableness of our modern spirits (to the malice and envy of our new-upstart pretenders to the Spirit) and likewise to their pride and ignorance (I know not which of them or whether both be the ground) to the pride, I say, and ignorance of these late despisers of the gifts of God in the Church.
I. Discerne hence how Apostolicall and Gospel-like they are, who set themselves to stirre up Christians against Christians, who make it their designe and service of God to fling the Firebrands of contention into the Church, and to exasperate mutually the spirits of Brethren. These are they, beloved, that trouble you. These are they that, where ever they come, leave the sad memorials of their once being there, in the distractions and heart-burnings whereof they have been Authours: while they industriously divide betwixt believers and believers; being never well but when they have set a whole Church in an uproar. These are they that separate betwixt Pastors and their flocks, hindring in the mean time the building up of the Church. Give me leave a little to characterise these men, in which I shall use plainnesse and freedome, but not exceed the bounds of truth and sobriety.
1. They are gone out from the Church of God, seek to withdraw others from its communion, and that under pretence of new light and further clearing up of truth. So 'twas in the very times of the Apostles 1
John.
2.18,19. 'Twas not a vain protestation of S.
Paul
, nor merely an asseveration of the truth of his Gospel
Gal.
1.9.
If any man preach any other Gospel
&c. nor do I think that such language is of a fresh date,
"Come out, come out from amongst them; for it is better for you, though there be but two or three of you, to assemble and meet together in private, then to communicate with these men in their false Ordinances."
Long before our times the Devil himself had his sentences of Scripture upon occasion, onely alleadged by him more pertinently then usually theirs are. I need not put you in minde that the False-teachers had their Spirits and Inspirations and doubtlesse couched their impostures in Seraphicall language. Indeed, I should much question whether these men really conceited that they are guided and enlightned from above, but that charity commands me rather to think them (sadly) deluded, then to be Atheisticall and diabolical seducers. A confident boasting of dictates from above is not sufficient warrant that the doctrine is heavenly. Without better evidence then their bare word, we may modestly suspect that they are nothing but the distempers of a disaffected brain. The strongest impulses and setlings upon mens spirits never make me think a designe the more lawfull. Nor, I think, is any man's persuasion, how firm and setled soever, ground enough for a sober man to admit him for an inspired Revelatour. The Jews demand of our Saviour to shew them a sign had been rationall, if the heavenlinesse of his doctrine and the allmightinesse of his works had not given formerly abundant testimony to the authority by which he performed the office of Mediatour. An infallible Revelation being more incredible then the truth of an Assertion requires the more solid confirmation. The Apostles went not abroad to publish things in themselves nothing monstrous, and which they themselves had been eye-witnesses of, till they backed them to the world with a miraculous power & extraordinary visible presence of the Spirit.
2. They bring up an evil report of the Ministers of the Gospel, and instill into their Congregations sinister apprehensions of their calling, fidelity and ability. Such S.
Paul
met with in the Churches of his charge; and thereupon is often forc'd to apologize for the truth of his Apostleship, his own integrity and the grace of God given unto him. Onely his adversaries were not quite so senselesse as ours to make his learning an accusation, and his
persuming
(if that be the word) his divine discourses with sentences of Greek Poets. It is a strange use of Scripture to furnish ones self from thence for declamatory railings. Yet I am almost perswaded it is a main thing some men take notice of in reading the Bible. Your Ministers (say they) speak Hebrew, Greek and Latine. If in a meer popular Audience the greater their vanity. Though, we have hence more probable hopes that they understand the Scriptures in their native expressions: and this is no prejudice, if they afterward interpret it to the people. The learned languages may offer more to their thoughts and enlarge their conceptions, and may be a short
memento
of what they intend further to explain to their Hearers. But why not Hebrew, Greek or Latine, where a great part of the hearers understand it? Must it needs be ostentation here to confirm an exposition of the Word of God from the originall Text, or to shew this is not onely their private fancy? Every one doth not delight to appear the broacher of a novel conceit; nor is it needlesse sometimes to remove the suspicion of such an affectation. Is the consent of men formerly eminent in the Church of God unfit to be known? or is it no way profitable to shame Christians from the very examples of Heathens, and condemn their ignorance and loosnesse out of the mouths of unbelievers? A devout soul hath very good occasion to render thanks to God for the glorious light of the Gospel, when he hears the errours of those times of darknesse touch'd upon in the pulpit.
But still their calling is Antichristian
. Why so?
Because they are sent by men have Academicall Degrees and Ecclesiastical Ordinations; whereas the true Ministers of the Gospel of Christ are immediately sent by God, & their Function is not of their own seeking
. It is true,
Moses
was sent by God, though he were unwilling to go. But sure
Moses
his diffidence and fear was none of his commendations and fittings for his Ministery. S.
Paul
, I am sure, allow's of him that desires the Office of a Minister, in 1
Tim.
3.1.
Moses
was sent immediately by God, as receiving a new Law and going upon a new work, but the expounders of the Law were of humane ordination by divine institution.
David
was chosen by Gods particular appointment to be King, yet his successors were truly Gods vicegerents to Israel. Christ and his Apostles had an immediate mission and withall a warrant to appoint Presbyteries for Ecclesiasticall Ordination. For University Degrees, certainly (but that some men have a minde to cavil upon all occasions) they are easily discerned to be but a civill constitution, and a publick witnesse given to approved and known learning. (So they should be and were intended.) Nor were they ever required by any to a Minister any otherwise, then as an orderly approbation given by men that are in all probability best able to judge of progresse in learning. The Ministers of our Church have not their authority from men, barely as men, but as endowed with power by warrant from Apostolicall and primitive practice: and their not daring to preach pastorally without this power is no reliance upon man, but a modest submission to the custome of the primitive Church, and a conforming to the order of a Christian society. Indeed he may say any thing, that dares undertake to prove against
all Universities
, that
Christ under the New Testament hath erected and constituded a new Ministery, not through any Ecclesiastical Ordination, but merely through the Unction of his Spirit
: and that
there is but one onely Ministery of the New Testament, which is common to all men alike, who have received the Spirit of God
. Yet this the Authour of the
Stumbling-stone
dares maintain to be the Word and Truth of God: I suppose, against the Word of God it self.
The next craft of undermining the Ministery is a branding them with unfaithfulnesse in their Charge; and that in not preaching the Truths of God sincerely, and in preaching for gain. The Ministers of the World and Antichrist (for thus runs their language) mix Philosophicall notions and sublime speculations, which the spirit of Christ ha's forbidden; they mix the Law with the Gospel, preach Morality, and onely the letter of the Word. In short I shall answer to this, that a discourse fitted to the capacity of the Auditory, an improving Philosophy in subservience to Divinity and the truths of God was never in the least measure forbidden by the Apostle. What illustrates the doctrine of the Gospel, and shews (as farre as may be) its consonancy to naturall light, can in no sober sense be called vain Philosophy. Secondly, To presse duty and good works, to reprove and convince men of sin, is to preach nothing but the Law of the Gospel: and he who severs these in his preaching, does sympathise with those whom Peter foretells of 2
Pet.
2.19. who while they promise them liberty, they themselves are the servants of corruption. If direction of life and manners be preaching Morality, our Saviour and his Apostles have abundantly warranted it. Nor did I ever hear any that preach'd Metaphors or Types in their literall and proper sense. If the Gospel of Christ explain'd according to its genuine signification be not spirituall as much as preaching and words can be; I must confesse, I am to seek what is meant by spirituall matter.
But the strongest Argument, and most taking with the people, which many of them believe, because they would fain have it so, is, the unlawfulnesse of receiving maintenance for preaching. As for those who preach merely or chiefly for gain, or for popular applause, I leave them to God and their own consciences, as yet not seeing into mens hearts. Yet, I must needs say, our Saviours rule is good,
He that is without sin, should cast the first stone
: and
Rom.
2,1.
Thou art therefore inexcusable, O man &c.
is a very rationall and considerable admonition. But do all prophecy for hire and vain-glory? do all seek their own? could there be no exemption for any? but must all be jumbled indifferently into the accusation? could they discern none amongst our reverend Clergy, in whom they might finde visible marks of humility, self-deniall, and deadnesse to the world? Blessed be God, this whole Assembly can bear witnesse to the falsehood, let me be bold to adde, to the more then
Divelishnesse
of this accusation. Satan durst accuse Job onely upon suspicion; he had not the impudence to deny but that he was a man of an exact conversation. See, beloved, in the first of
Job
, the first pattern of instilling jealousies concerning the perseverance of the servants of God. Tis true, saith the Devil, Job serves God, but it is not for nought; stretch out thine hand against him, and he will curse thee to thy face. Thus maliciously do our adversaries prophecy the revolt of our Ministers in time of Persecution: and quiet submission to the Providence of God in civill alterations, can to these mens charity seen no lesse then time-serving and forsaking of the Truth. The truth is, I am confident they are cut to the heart that all men of an opposite party are not so rash as to run themselves into danger by opposing the changes of Divine Providence. Notwithstanding, were the truth of Christ become matter of reall hazzard were the Gospel, and its preaching and profession conjoyned with danger of life or estate; I prejudge no mans constancy, but I foresee the grace of God to be most eminent in many of our present Ministery: and I doubt not but by Divine assistance, the present Fathers of our Church would go on to suffer the greatest extremities for the Testimony of a good Conscience, and to fill up what is yet behinde of the patience of the Clergy. However, in all this the miscarri ages of some can never bear out a generall accusation, and they will one day answer it to Christ that so indistinctly calumniate the Ministry, and blow the Trumpet to an unchristian separation.
For the abilities of our Ministery (which is the third part of their charge) the truth is they are even to these men matter of envy, and therefore of contempt; and where our Ministers are fairly heard without prejudice and passion, they can abundantly evidence their abilities both in confirming their doctrine, & refuting their gain-sayers. They are men, who can maintain the Truth against the greatest subtilty of opposers, judicious men being judges, and yet never fly to multitude of words, an impertinent heaping up of Scriptures, or that sorry refuge of their own private infallibility. Their evidence, conviction and demonstration is reall, not merely in the noise of their speech and the heat of their passions. Let their adversaries try, and they will finde the hand of the Lord and the assistance of truth to be on the side of our Church. Nay the hand of the Lord is visibly with our Ministery, their disciples are their epistles, & they can shew the seal of the Spirit descending from heaven into the hearts of their Auditours. If reall conversion be not so frequent as formerly in our Assemblies, whom may we thank, but these very Schismaticks, or men of a like spirit, who have retarded the work of the Lord, stagger'd the faith of men, and, what in them lay, made ineffectuall the sound and sober preaching of the Gospel? Our Minsiters have gone in the strength of the Lord, and in the strength of his arme have (long before these men were born to the distraction of the Church) prevail'd over spirituall wickednesses, and the methods of Satan in the hearts of their hearers, bringing them to a true sense of the wayes of God and the reality of Gospelrighteousnesse; that righteousnesse that consists not in a form of brave words, raised imaginations and Fanatick Raptures; but in godliness, justice & sobriety, a deniall of ungodlinesse and worldly lusts, which farre exceeds all the Pharisaicall righteousnesse of Enthusiasme, leading to a neglect of the greater and more weighty things of the Law, being no better then a puffing up the minds of men with aiery fancies and a principling them with a spirit of Giddinesse and religious Frenzy. This is the second mark of Impostours, to bring contempt on the Ministery of Christ and his Ordinances. (for so we dare call our Prayer, handling the Word, and dispensing the Sacraments, till our adversaries bring more considerable proofs against them, and shew wherein we have materially departed from the primitive practise.)
3. They are self-conceited, pleas'd with themselves (
authadeis
2
Pet.
2.) conceived of their own conceptions: they desire to seem somebody (
dokountes einai tines
) seeming, or, as some render it, bragging and boasting that they are somebody, that they are and speak something worthy of especiall notice. Hence, beloved, are those expressions obvious in their exercises to the people,
Mark that, It's a thing you never heard before, This the worldly and carnall Church sees not
. It is our comfort that they call us carnall and worldly Church upon no other account, then (as I can easily make good, and any may observe from the Epistles of S.
Paul
) our conformity to the Apostolicall admission into Church-fellowship, who never requir'd any more then submission to Baptism into remission of sinnes upon a believing Christ to be the Messiah. But (I speak mine own knowledge) these phrases do preface oft-times nothing but ordinary and common Truths, which every one learns in the first Rudiments of Christianity, and which, to my remembrance, have been more fully and plainly delivered by our Ministers before these times of confusion; onely they must seem to speak new things to keep up their credit for new discoverers of truth with the common people, when all is but sometimes a new and fantasticall dresse, and delivering of truth Paradoxically, that is, upon the borders of non-sense and errour, not to say sometimes blasphemy. Reduce but their sayings to common plain & ordinary language, & you will finde nothing but the common conceptions of every ordinary Christian. It's just with these men as with a young scholar in Logick, who thinks that he is come into a new world, never observing that it's the newnesse of terms onely, but that the conceptions were naturall. And this is their way of preaching truth out of contention. Nay they go further, they set truth against truth, Promise against Precept, and the grace of God against mans duty, rather then not make a sufficient breach for the spirit of contention to enter into the Church. And what is it but overweening of Self, that every suggestion, in plain English, every crotchet in Religion that comes into their heated brains, must needs be the illapse of the Spirit, a divine Revelation, and of farre greater importance then the peace of the Church?
4. 2.
Pet.
2.10.
They speak swelling words of vanity.
They use words of deceit, subtilty and ambiguity. How do these men love to walk in the clouds, to speak above the understandings of men, off and on, with an industrious kinde of confusion? Is this the plainnesse and simplicity of a Gospelpreacher? is this for edification, to give such an uncertain sound, to leave the hearers in a mist of words and dark expressions? are these interpreters of the revealed will of God, when the very Text it self is more easie, plain and familiar? Indeed, sometimes I conceive it's necessary that they should avoid plainnesse, lest the absurdnesse of their doctrine should be conspicuous to the meanest understanding catechiz'd in the knowledge of Christ. I might adde truely, that they speak then most confusedly, when their language (if not fully apprehended and with due allowance) administers matter of licentiousnesse, and is destructive to the wayes of godlinesse and true holinesse. They care not what scandalls they lay before people, and indeed speak as if they intended to be mistaken, that so they may render themselves more suspicious to godly Chri stians then indeed they are. Blessed are they that are not offended at Christ: and they should remember that there is a Woe to them by whom offences come, to them who give occasion to others to make shipwrack of faith and a good conscience. These men speak not onely swelling words of vanity, but, which is worse, put vanity and emptiness into Scripture-expressions, crowding them together so as onely to make an emptie, insignificant and ineffectuall noise. There are other Characters 2.
Pet.
2.10,12,14.
They despise government, presumptuous are they, self-will'd, they are not afraid to speak evill of dignities, they speak evill of the things they understand not, beguiling unstable souls; an heart they have exercised with covetous practises
, &c. I dare not say, 'tis an exact and plain Character of these men, but there are abundance of the expressions of that Chapter apparently verifide in our present pretenders to the Spirit, and, I doubt not but the Characters of Antichristianisme, and the Mystery of Iniquity, if you read those who apply them to the
Gnosticks
, will be discover'd to be very applicable to the spirit of Enthusiasme. I remember some reject that interpretation which refers all to
Gnosticisme
, as not seing any Mystery in the Iniquity of those Libertines. If that be all the scruple, they may now, in these their children be furnish'd with Mysteriousness enough, and see the grosseness of Impiety vail'd over with a glorious appearance, those glorious titles of
the Mystery of the Gospel, the Kingdome of God, the Kingdome of Christ
, and the like.
Lastly, I shall adde but one character more, They love to domineer over the flock of Christ, and to set themselves in the place of God. If censoriousness and judging, if visible pride and haughtiness of spirit have any relation to this; you may guesse, that though as yet they force not and impose not with authority their fancies upon others, yet it is onely because their time is not yet come; but their spirits are neare ready and prepared to be as tyrannical as any. For my part, I discerne
somuch
into their spirit, that could these men accomplish their desires to speak the least, happy were the Protestant that lived in France, whose condition would be much more tolerable there, then under these cryers up of Liberty of Conscience. Alas, this profession of moderation, this seeming tenderness, is the onely way to get up into the saddle. I never dare trust him with power, that is beforehand so good at slandering, reviling, and the persecution of the tongue, and hath already laid the foundation in his own Infallibility. And what equality their wayes shall have, if we would give way to every probable ground of suspicion, might easily be discovered from their present demeanour amongst us. 'Tis true, they preach that all must be carried on by the power and might of the Spirit, but I am sure they fly to visible power, and invocate the secular arme. For all their brags, their confidence is plainly not in the Lord, not in the truth, but they desire more then security and encouragement from a temporall power. You see, Brethren, in part who are the disturbers of our peace; and may now a little apprehend by what spirit they are carried forth, and what strangers they are to the precept of following Charity.
II. Discerne hence how contrary to the Apostle they are that despise the gifts of God, that cast contempt upon the abilities which he hath bestowed upon the Ministery, that strive to discourage the endeavours of the University after the gifts of God, that make the very foundation of the Universities, the very seeking after the gifts of Gods Spirit and after abilities for the Ministery, a piece (nay the top) of their imaginary
Antichristianisme
. Is not this the meaning of
the University reproved by the Word of God
? For, what are the Universities appointed for but to fit men thence for the work of the Ministery?
But they were instituted in times of Ignorance and Superstition
. The more shame for us, who pretend to light and more glorious breakings forth of truth, not onely to come short of the piety and zeale of darker times, but to oppose our selves to that little appearance of religion that the providence of God even then reserved. Yet I feare, even the prudence and sincereheartedness of those times, if duly consider'd, will outweight the greatest part of what we now call the Wisedome which is from above, the Gospel-light, and the revelation of Christs Kingdome.
I have but a word of Exhortation to the University and the rest of mine Hearers, and then I shall conclude.
I.
Follow all after peace
. University with Town, Scholars with Scholars, study peace and charity. I need not tell you how acceptable to God, how worthy of the Christian calling this duty is. What do we by our dissentions but furnish our adversaries with matter of calumny? We have one God, one Faith, one Lord Jesus, we are members of the same Church, seek after the same truth and (I hope) mind the same end, the glory of God in our own and each others salvation. The truth of Christ, the Being of our Church, the continuance of a Christian Ministery are in plaine English the things struck at; and shall we strive, while the
Canaanite
and the
Perizzite
are in the land? Be we then united in our selves, and let this stay our animosities, that in greatest dissent, we all aime at truth, and endeavour to discover it in love to each other.
II.
Desire spirituall gifts
. It is false that we seeke to monopolize the knowledge of Christ and the work of the Ministery. Would God all the Lords people were Prophets! I would our Universities were needless to the Ministery, and that all (if God saw it good) were so fully instructed in the wayes of God, and so active for God, that they needed neither teaching nor quickening. What ground there is for a future expectation of such times even in this World, I must confesse I am not so satisfied in some mens proofs, nor yet desire to contend about it. But I hope we should all be ready to sit down rejoicing in so glorious an appearance of God, and be contented to rest from our labours. But this is not our present state, nor can I see any probability of its neereness, unless in the general defection and degeneracy of this present age. Sure till then, we must proceed in the trodden paths of the Christian Church, and seek the Lord in the way in which formerly he hath been found. Desire spiritual gifts, be zealous of them In Prayer, In Endeavours.
1. Pray for abilities. Though we are not so sensible of it, though we are not as to this (I feare) so conversant in prayer, though others refer all to industry and humane helps, yet remember it is God that bestowes these abilities, it is the Spirit of God that sanctifies, that succeeds your labours. There's asmuch need of prayer as to the successe and fruitfulness of our studies, as to beg our daily bread.
Except the Lord build the house. Except the Lord watch the City
. and it is as true, Except the Lord give in his blessing, except he water our studies, we sit up late and rise up early to no purpose. It would be good to fetch all our learning by prayer, and to take more notice of God in our getting abilities, that we might the better remember him in making use of them.
2. Labour after abilities. This is included in the word
zēloute
. and this precept seemes to me to be the Charter granted by God himself for the foundation of Universities and erecting of Schools preparatory to the Ministery. by this authority we come together hither to study. What though we pray? doth that exclude endeavour? or are endeavours and prayer inconsistent? Can we not receive from God upon our Diligence? and are the gifts of Gods spirit unworthy of esteeme, unlesse they drop (as it were) into our mouths?
But these gifts are humane, acquired by industry
. To this I shall answer briefly, & according to the time & nature of this present exercise, in these particulars.
1. Abilities for the Ministery, and such for substance as were immediately and miraculously infused in the Apostles times, such as are necessary for the work of the Ministery, are acquirable by humane industry, by diligence and study. The knowledge of Gods will and the truths of the Gospel is attainable unto now by industry, and only by industry. It is true the Spirit of God is able to reveal the mind of God immediately, even now as well as formerly. But you know the Law was once delivered to
Moses
by immediate revelation, but recorded for the following Church. The Apostles have already delivered the mind of God and the truths of the Gospel: now they are to be read, to be inquired into and meditated upon. And must we read the Scriptures, and yet not understand their language? What though we have no reason to question but most is truly translated, and we can testify from our own experience the reality and certainty of many parts of Scripture-Revelation? But may there not be yet something further couched in the Scripture, which may be usefully known in the Church? May not the Apostles expressions in their genuine and primitive forme, speak beyond the narrowness and necessary brevity of a translation? Do not the idiotismes and peculiar phrases of Scriptures impose many times conceptions upon him who is unverst in their natural dialect? Besides this, an ability to expresse our thought accommodately to the hearers, to perswade, urge and convince, to discover the consonancy and harmony of Scripture-truths, to presse truth home upon the minds of men, are things acquirable by art. To discover the mind of Scriptures by comparing place with place and weighing the connexion,
i.
to interpret Scripture aright, is acquirable by industry. And this was part, and the most necessary part of the gifts of the Spirit in a miraculous way in the Apostles times, which were by way of supply to their illiterate education, which God pleasing to make use of (for the manifesting of his power in the new-revealed Gospel, and giving testimony from heaven to the truth of his messengers) did not leave to its owne weakness, but made up with necessary and all usefull endowments.
2. Even in the primitive times industry was probably used. For it is not imaginable but that the Prophets of the New Testament instructed others by their inspirations, and that in order to their future prophecying. Besides that we find God making use of the learning of S.
Paul
, and of the learned Fathers of the Church in succeeding ages, who have been the more eminent in the service of the Church for their eminency in learning. S
Paul
despises his learning in comparison of the knowledge of Christ, yet makes use of it in his Epistles to believers.
3. Gifts are not now acquirable but by industry: where God affords meanes, where he gives ordinary opportunities, it is but presumption to neglect the meanes that are possible, and require a miracle at the hands of the Almighty. God hath in wisdome withdrawn that temporary dispensation, but hath otherwise provided for the Church in the wayes of his gracious Providence. Manna was in the Wilderness, but Bread must be made in the land of Canaan, where it may be made. God now gives out abilities upon our endeavours. Up and be getting for your selves: seek the Lord in the present way of his discovery, and affect not the lazy vanity of immediate illapses. Mind not that popular cavil of your being brought up to a trade & bound Apprentices to the University. They would have said the same of the Sonnes of the Prophets heretofore. Blessed be God, that by his Providence hath conjoin'd in our education our very lively-hood with serving him in the Church; and withall hath stirr'd up our Ancestours to a liberal provision for the labourers in the Word and Doctrine, and to a confirming it by so undoubted a legal right of propriety to the Clergy. Do you your duty in a consciencious dependance upon God, and confidently expect his blessing upon your labours, confidently expect his protection. Go on still, you (Reverend Fathers) whom God hath plac'd in the government of the University, to encourage, stirre up and quicken the studiousnesse of those whom Providence hath set under you. Minde you, Men Brethren and Fathers, your duty, maintain strictnesse of discipline, profitablenesse of study and reality of learning: and maugre all the oppositions of malice and ignorance, the Universities shall be acknowledged the Eyes of the Land, the fountain of a godly and an able Ministery. Let us remove from amongst us what justly is reprovable, and the Nation cannot long continue so mad as to be offended at decency of Habits or orderlinesse of Degrees, much lesse at reall and beneficiall accomplishments.
III. Make use of your gifts. Desire them to edifie the Church, and imploy them in so glorious a designe as to be fellow-workers with Christ, his Spirit and his Apostles. And then rejoice in this, that the Spirit of God is ready further to enable you and to encourage you in his work, by a discovery of his efficacious presence. The industry, conscienciousnesse and humility of the Clergy would soon stop the mouthes of those that watch for an occasion to exalt themselves in the injury of our Church and Ministery.
Lastly, You who are attendant upon the University-ministery, you who are the hearers of the so-condemned Clergy, think it no disgrace to be accounted men
baptized into the University-spirit
, still continue your attendance, and rejoice in this, that you are reproached for the cause of the servants of the Lord Jesus. When men return to sobriety it will be no dishonour that you stood by the discountenanc'd Ministery. However you'l have the comfort in your own souls, that you are innocent as to destroying the Church. Live but in the Truths delivered unto you by their hands, and fear not but God will yet provide for your instruction and being built up in the faith and love of our Lord and Saviour. I shall adde but one comfortable observation,
That you may expect benefit and edification even from him who hath nothing of the spirit of God, but in gifts
. Seek to God, and God may enable for your sakes and for your service, him who is unsanctified as to his personall respect.
In a word, Rejoice
we
in the opportunities which God hath graciously provided, and is yet pleased to continue to us for our being trained up in the knowledge of Divinity and to the work of the Ministery. Rejoice
ye
in the gifts of God, which he is pleased to pour out upon the endeavours of the University. Let
us
make use of our means: and
you
of us, in the spirit of Love and unitednesse of heart, in the fear of the Lord. We shall patiently submit, if God for our other sinnes be yet pleased to suffer this to be the cause why our adversaries maligne us & execute
his just
judgements upon us, because we have for your benefit and the good of the Church followed after the gifts of the Spirit. Happy is every soul here present, if repenting of what really hath provoked God against the University, he can but enjoy the innocency of this suffering, because he hath endeavoured to be serviceable to God in the Ministery. The judgement then, if permitted, will not be a judgement to us, but to the Authours of our misery, whose giddy zeal or envious malice future generations shall curse. Nay, yet turn we from malice, pride and disorderlinesse of life, and we have preserved the University, and engaged God for his Ministery. The remainder of wrath he will restrain.
May
10. 1653.
A SERMON PREACHED AT A Visitation, HELD AT WARRINGTON IN LANCASHIRE
May
11. 1669.
By
Ric. Sherlock
D.D. Rector of
Winwick
in
Lancashire
.
IMPRIMATUR, June 18, 1669. Tho. Tomkyns,
Reverendissimo in Christo Patri ac Domino, Dom.
Gilb. Arch. Cantuar.
a Sacr. Dom.
LONDON
, Printed for
Rich. Royston
, Bookseller to the Kings Most Excellent Majesty, 1669.
A SERMON PREACHED AT A VISITATION.
Act. 20.28.
Take heed to your selves, and to all the Flock-----
IN the context we have S.
Paul
upon his Visitation at
Miletus
, vers. 17. And the Visitation, as this which is now holden with us, is
Provincial
, all the Clergy of the Province of
Ephesus
, being conven'd by this great Visitor, and appear before him,
vers.
18.
The Text presents you with a part, but 'tis the principal part of the
Visitation Sermon
, or as I may rather call it,
The Visitors Charge to the Clergy of the Province
. The first part of which charge is:
1.
Take heed to your selves
: To you my Brethren of the Clergy, is this Charge more strictly given, then to the Laity: For to the people God hath appointed Pastors who are commanded in the text to take heed to the charge committed to them: But who shall seed and Guide the Shepherds, who shall watch over the Watchmen, or Teach the Teachers?
Ye are the salt of the earth, but if the salt have lost his savour, wherewith shall it be salted, it is thenceforth good for nothing, but to be cast out, and troden under foot of men
, Mat. 5.13.
2. Take heed to your selves, is the first part of the Charge, And secondly to your Flock: The order observed in this Double Charge, is the next thing observable, which is the same observed by our Lord himself, in his charge to S.
Peter
, and in him to all Pastors of the Church, saying
Luc.
22.32.
When thou art converted, then afterward strengthen thy Brethren
, and
John
21.15.
Simon son of Jonas, lovest thou me
, and if so, it then follows,
Feed my Sheep
: Implicitly commanding all Pastors of his Flock: First to be themselves truly converted unto God, and their souls inflamed with the sacred fire of Divine Love, and then they may hope that their pains will be succesful for the feeding and strengthening the Sheep of Christ: That rule of Righteousness and Charity which is the sum of the second Table of the Law,
Thou shalt love thy neighbor as thy self
, commands this order to be observed, To love thy self aright in the first place, and then thy Neighbor as thy self: St.
Bernard
thus bespeaks every Shepherd of souls:
Tu frater cui nondum est firma satis propria salus, cui Charitas adhuc nulla est, aut adeo tenera & arundinea, ut omni sta tui cedat, omni credat spiritui, omni circumferatur vento doctrinæ, quanam dementia quæso, aliena curare, aut ambis aut acquiescis?
And upon
Cant.
1.6.
They have made me the keeper of the Vineyards, but mine own vineyard have I not kept
; he severely checks and reproves himself, that he had taken on him the Cure of other mens souls, having not sufficiently cared for and cured his own:
Et miror
---- I do much wonder
(saith he)
at the Impudence of those persons, that thrust themselves to be Labourers in the Lords Vineyard, whilst their own Vineyard is overgrown with Bryars and thornes
: The Leper under the Law was commanded to have a covering upon his upper lip,
Lev.
13.43.
ut non docere alios præsumat
---- saith
Hesychius
: that no man presume to open his lips in the Congregation, for the instruction of others, who is himself infected with the Leprosie, either of sinfulness or error: for
non est cadentis alium erigere
:
Plutarch
: It is not for a man that lies in the dirt, to raise up another thence; not for that a man that is a sleep in his sins, to awake others from that spiritual sleep of death; That Proverb remembred by our Lord,
Physician heal thy self
,
Luc.
4.23.18. chiefly appliable to the Physician of souls, who must begin at home, if he will work any cure upon the Souls of others.
3. But this is not all, for thirdly the Cure of a Pastors soul, is a more difficult task; as being to be perfected in a higher degree, then ordinarily can be expected from any of his Flock: For as our office of Priesthood, is more high, more eminent, more holy, so should our Conversation be,
hoti angeloi en anthrōpois
----- St.
Chrysostom,
De Sacerdotio
,
As Angels above men, as Shepherds above their flock, as Masters above their Scholars, so should a Bishop a Priest a Pastor excell and transcend the people in wholsome doctrine and holiness of life
: so the great
Gregory,
Tantum debet actionem populi, actio transcendere præsulis, quantum distare solet a grege vita Pastoris
, ---- with much more to the same purpose,
De cura Pastorali
: A book which was once translated by the wisest and greatest of our
Saxon
Princes; King
Alfred
, and by him commended to the Clergy of this Nation; and a happy Clergy should we be, and holy Priesthood if the Instructions in that Golden Book, were well observed amongst us.
4. Take heed to your selves and to all the Flock] and both these joyntly and severally.
To your selves
: As to the Innocence and Holiness of your Lives, as becometh good Christians:
And to your Flock
, as Shepherds & Guides of souls: Under the Law, the Priests and Prophets of the Lord are frequently called the Angels of the Lord of hosts,
Jud.
2.1.
Mal.
2.7. And under the Gospel, the Angels of the Church of Christ, 1
Cor.
11.10.
Rev.
2.1.8.12. --- And as we read of the Angels on
Jacobs
Ladder, ascending and descending from heaven,
Gen.
28.12. so the Priests of the Lord should first
take heed to themselves
by ascending with the Angels into heaven, having their hearts and affections, their meditation and
Conversation in heaven
, Phil. 3.20. And withall
take heed to the flock
, by descending with the Angels from heaven, enriched with the word of Life, breaking unto them
that bread which cometh down from heaven, and giveth life unto the world
, John 6.33.
But this joynt charge is sadly disjoyn'd and perverted, by such as take heed to themselves indeed, but 'tis not with the Angels to ascend, but descend, only groveling in the dust, and wallowing in the mire of Luxury, Riot, and Excess, Pride and Covetousness, the Pomps and vanities of the world, and the sinful lusts of the flesh, which every one, even the meanest of their Flock, hath solemnly abjured, when by holy Baptism admitted into the Fold of Christ. By such as take heed to themselves, but 'tis not in a spiritual but carnal sense; who will look narrowly to themselves, as to their worldly concerns, their Revenue and Income; but are too careless to the spiritual concerns both of themselves and their Flock,
Who seek their own, not the things which are Jesus Christs
, Phil. 2.21. Caring more for their Families at home, then for the Family of Christ, more for their bodily then for their spiritual relations, providing better for their natural heirs, then their spiritual successors in their respective places: And in a word, by all such as mind more the Benefice, then the office, more the Fleece then the Flock: All such do falsly wrest, and wickedly pervert, this double charge of the great Visitor in the Text:
Take heed to your selves and to your Flock
: To your selves, by being examples of holiness to your Flock; And to your Flock; as
Shepherds
, to feed and guide them, as
Fathers
to admonish and reprove them, and as
Mothers
to nourish and cherish them: For these are the four Essentials of a faithful Pastor:
Holiness of life, soundness of Doctrine, Christian courage, Christian Charity
.
5. To
all
the Flock] not to the flock at random, not to this, or that particular Sheep, that fawns upon the Shepherd, nor to this, or that Party or Sect, which agrees with his Humors and Opinions; but,
To all the Flock
impartially, and without Hypocrisie, and this first affirmatively, to instruct the Ignorant, to strengthen the weak, to confirm the wavering, to reduce the erroneous, to visit the sick, to comfort the afflicted, to binde up the broken in heart, to reprove the sinful, and to testifie against the stubborn and disobedient: Secondly Negatively, not to break the bruised reed, and quench the smoaking flax,
Mat.
12.20. not to sow pillows under all Armholes,
Ezek.
13.18. Not suffer them to settle with ease, and without reproof, upon the Lees of their sins, and the errors of their waies: Not to claw the scabbed sheep, and scratch the itching ears not to tickle and foment the petulant humors of the Factious, not to please those squeazy Palates, who nauseate the solid food of Gods Publick solemn standing worship, under the prophane and scurrilous name of Porridge, and for no other cause, but because it is like it self, ever the same, constant to it self: Like the Glorious Sun in the Firmament, which shines every day the same; which renders it a worship acceptable, as being herein most agreeable to the Immutable nature of God,
the Father of lights, with whom is no variableness nor shadow of turning
, Jam. 1.17. But the Itch after
novelties
in the Flock, in the Itch of
popular applause
or
filthy Lucre
in the Pastor, whilst the one scratches the Itch of the other: Hence the putrid Scabs of
Schism
and
Heresie
in the Church, of
Disobedience
and
Rebellion
in the Kingdom, are engendred.
Against all such sinful Compliance,
Take heed to your selves
, my Brethren take heed to your selves, and to your vows and promises, Sacerdotal and Ecclesiastical, confirmed by your respective Subscriptions to the Articles and Canons of the Church, to the Injunctions of your Metropolitan and Diæcesan, to the Approbation and constant use of the Liturgy of the Church, and of that onely in publick: In which last particular, wherein the greatest part of the Ministerial Function consists, I cannot but te stifie in this Assembly, so much concern'd therein:
That there is utterly a fault amongst us
; In that those Divine and excellent Prayers, and heavenly inspired Prayers of God, and that ancient and Constant way of Gods worship in Publick, is by many too much slighted and neglected, by many irreverently and indevoutly celebrated, by many mangled and maimed, curtail'd, abbreviated, and by the Additions of others implicitly vilified: And generally almost by all secretly undermin'd; enervated and subverted by each mans private prayer in publick: The which private prayer, whether before Sermon, or at any other time in the Congregation, doth not onely secretly imply a defect in the Publick Prayers of the Church, which must (forsooth) be supplyed by mens private conceived prayers: but also, 'tis a disorder and confusion in the service of God; for thus publick and private prayer are confounded, which our Lord Christ hath distinguished and commanded to be separately observed, to avoid Hypocrisie and vain-glory limiting the private prayer to the private closet,
Mat.
6.5,6. and for avoiding Tautologies and impertinent bablings after the manner of the heathen, he prescribes a set form to be us'd in publick,
vers.
8,9. We are commanded when we call upon the Lord, to pay our vows to the most High, and then he will hear,
Psal.
50.14. But can any man think it probable, that God will hear their prayers, who sacrilegiously break their vows when they pray, by praying otherwise then they have vowed and promised? those promises also being agreeable to the Commands of Christ, and the orders of his Church?
And this undoubtedly amongst many others, is not the least cause, of so many stray and wandring Sheep in every Flock, of so many giddy headed and factious minded men in every Congregation, of so many separate Congregations or Conventicles in every Parish: one great cause hereof is the falshood and treachery of the Shepherds, who in compliance with the noxious humors of the diseased part of their Flock, take no heed to themselves, nor to the vows and promises they have made in order to the right and regular execution of their Function, in feeding of their Flock: so for the iniquity and irregular carriage of the Priests, the sons of
Eli
in the sacrifices of the Temple;
Men abhorred the offering of the Lord
, 1 Sam. 2.17.
6. But should not the Flock take heed to the Shepherd, as well as the Shepherd to the Flock? The duty of the one to the other (undoubtedly) is reciprocal, and the mutual Relation respectively binding.
Take heed to thy self
(said the Lord to his people)
that thou forsake not the Levite, as long as thou livest upon the earth
,
Deut.
12.19. and
Chap.
14.27.
Eccl.
7.30. There is nothing more plainly asserted and more punctually commanded in the book of God, then that the people should take heed to their Priests, the Flock to their Shepherds, especially such as are orthodox and holy, that they should hear and obey their voice, and make their Application and recourse unto them, in all cases of ignorance or doubting:
For the Priests lips should keep knowledge, and they
(the people)
should seek the Law at his mouth, for he is the messenger
(or the Angel)
of the Lord of Hosts
, Mal. 2.7.
Hæc sunt initia hæreticorum, ut sibi placeant, & præpositum superbo tumore contemnant
, Cypr.
lib. 3. Epist. ad Florent.
Hence the Rise of Hereticks in the Church, when the people swelling with presumption of their own knowledge, and pleasing themselves in their fancies and opinions, proudly neglect and scorn to submit to their directions, whom the Lord hath appointed to be their Shepherds and Guides of their Souls: And thus even thus, the people of God fell into Idolatry, even that gross and infamous Idolatry of the Golden Calf, when slighting
Moses
, and overawing
Aaron
the high Priest, they commanded him, who should have commanded them, saying,
Make us Gods to go before us, for as for this man
Moses,
we wot not what is become of him
, Numb. 22.1.
When the same people were weary of the Government of
Samuel
the Prophet, and desired a King, the Lord said unto
Samuel,
They have not despised thee, but they have despised me
, 1 Sam. 8.7. Whereupon St.
Gregory:
Quam reverendi sunt Pastores optimi Sanctæ Ecclesiæ
---- how reverendly to be esteemed are the Pastors of holy Church, who whilst they faithfully serve the Lord in the Execution of their function, they are so closely joyn'd unto him in the bond of love, that the least slight disesteem or neglect, that is cast upon them, the Lord takes it as an injury to himself: So said the Lord to his Apostles, and in them to their Successors:
He that heareth you, heareth me; and he that despiseth you, despiseth me, and he that despiseth me, dispiseth him that sent me
, Luc. 10.16. And this duty, that the people should take heed to their Priests, is commanded under a severe penalty,
Deut.
17.8.
If there arise a matter too hard for thee in Judgment, thou shalt arise and come unto the Priests, the Levites, and that man that will do presumptuously, and will not hearken unto the Priest, that standeth to Minister ------ even that man shall dye.
And under the Gospel also the same command is given,
Heb.
13.17.
Obey them that have the Rule over you, and submit your selves, for they watch for your Souls.
But notwithstanding these and many more commands, in the sacred sheets of either Testa ment, yet is this Christian duty slighted and generally omitted, and especially by such as pretend most to the sole Authority of the holy Scriptures, without any Relation to the doctrine and Authority of the Church in the Interpretation thereof: There being many amongst us in every Flock; who presume to direct their Shepherds, guide their Guides, and teach their Teachers; who if they teach not, preach not, pray not, as they would have them, and consonant to their humors and opinions; they will censure their doctrines, contemne their directions, revile their persons, scandalize their profession, and even snatch the holy Oracles out of their mouths, and separate themselves into Conventicles, where
they may heap to themselves Teachers after their lusts, having itching ears, and they turn away their ears from the truth, and are turned unto fables
; believing and delighting in lies, and vain empty prophesying which profit not, as was foretold of such, 2
Tim.
4.3,4.
And having mentioned Conventicles, I cannot but add a word or two of the danger of them, not in order to the disturbance of the peace of the Nation, leaving that to the Secular Magistrate, but in order to the seduction of unwary and unstable souls into falshood and errors in Religion;
Verily verily I say unto you, he that entreth not in by the door into the sheepfold, but climeth up some other way, the same is a thief and a robber
, Joh. 10.1. 'Tis the practice of subtile thieves when they seize on the honest Traveller to drag him out of the high road-way into hedges and by-places, the more securely and without interruption to robb and spoil him; so the spiritual thieves, false Prophets, ringleaders of faction and sedition, do more easily seduce, and robb poor silly men and women of the inestimable treasures of truth and obedience, by drawing them from the open and Publick Assemblies of Gods people in his houses of prayer, into By-places and lone houses, where they may more securely breath forth the spiritual Infections, sow the seeds of Schism and Sedition, and whisper their irreligious Treasons, under the mask of Religion. In such places they may to their advantage vent and put off their counterfeit ware, their false glosses, and misinterpretations of holy Writ, and make their Apocryphal Comments upon Canonical Scripture, making the holy Word of God to speak not what the Spirit of God intends therein, but what their factious spirits and wilde fancies would have it: That there should be such false Prophets in desart places and private houses, our Lord hath foretold, commanding all his disciples not to believe or follow them,
Mat.
24.26.
Wherefore if they shall say unto you behold he is in the desart, go not forth; behold he is in the secret chamber, believe it not.
St.
Augustine
observes of the man that fell among thieves, and was robbed and wounded,
Luc.
10.30.
Si non descendisset
--- If he had not been
going down from Jerusalem
, the place of Gods Temple,
to Jericho
a prophane and common place, he had escaped that sad disaster: To teach all people to beware how they leave the place
which God hath chosen to put his name there
, the Temple and house of God, to convene in any
common or prophane
By-places, under pretence of Religion, and the performance of holy duties in such places: 'Twas otherwise with the man after Gods own heart,
Psal.
5.7.
As for me I will come into thine house even upon the multitude of thy mercies, and in thy fear will I worship towards thy holy Temple.
And with him resolves the whole body of Gods people,
Psal.
132.7.
We will go into his tabernacle, and fall low on our knees before his footstool
: And not only this under the Law, but under the Gospel,
Mark.
11.17.
My house
(not the houses of men)
shall be called the house of prayer of all Nations
: Not of the Jews as under the Law, but of the Gentiles also under the Gospel, and 'tis there especially in Gods own house, that he has promised to meet his people, to be in the midst of them, to hear their prayers and bless them, To teach them his waies by his faithful and true Pastors, and there (in a word) to dispence all the blessed means of grace and salvati on to them,
Deuteron.
12.5, 6.11,12,13, 14.1
Kin.
8.29,30.
Mat.
18.20.
Luc.
19.46.1
Cor.
11.20.
7. But the grand excuse of the wandring sheep, and the cry of many Orthodox also, is,
The division of the Shepheards
, who being divided amongst themselves, do lead their flocks into several divided wayes of divine worship: And the generality of the flock being not wise enough to know what way to take; or whom most securely to follow, they hereupon
heap to themselves Teachers after their own Lusts
, and with the Schismatical
Corinthians
1
ep.
1
cap.
12.
vers.
Every one saith, I am of Paul, I am of Apollos, and I of Cephas, and I of Christ
, one man, or Sect of men, liking this mans way of preaching and praying, another anothers way, and others none at all, but independently rely upon the immediate teaching of Christ by his Spirit. And thus Sects and Divisions are multiplied.
This complaint is too true, and such sad effects thereof too evident, and if not stopt will prove bitterness in the end.
But would you know who be these divided Pastors or Preachers, or Sect-masters rather, the corrupt springs from whom all our polluted streams of divisions flow? They are such (in a word) as first divide from the Church of Christ in general (wherein they all agree) and then divide amongst themselves, into particular Sects, and Factions, wherein they all differ: There is
but one body and one spirit
, Eph. 4.4. one mystical body of Christ, which is his Church, and one spirit of truth, quickning this our body, and its members, and them onely: And as it follows,
One Lord, one faith, one baptisme, one God and father of all, who is above all, through all, and in you all
, vers. 5,6.
In you all
, that are members of this one body, and quickned with this one spirit,
and endeavour to keep the unity of the spirit in the bond of peace
, which is the duty enforced from the premisses,
vers.
3. Contrariwise then such, that divide from this
one body
the Church, into several Sects and Factions, and (which necessarily follows) such as are not quickned with this
one spirit
, but each
with the foolish Prophets follow their own spirit
, Ezek. 13.3. which they mistake and mis-term the Spirit of God; such as worship, not this
one Lord
, as we are all commanded, with
one mouth
and with
one minde
, Rom. 15.6. Such as hold not the Articles of this
one faith
, with one joynt unanimous consent of truth;
Unto the unity of which faith, till we all come, we cannot be perfect men in Christ Jesus: but are like children tossed to and fro, and carryed about with every winde of doctrine
, Eph. 4.13,14. Such are all false Prophets, treacherous Shepherds, or in the Language of Saint
Paul
, 2 Corin. 11.13,14.
Such are all false Apostles; deceitful workers, transforming them selves into the Apostles of Christ, and no marvel, for Satan himself is transformed into an Angel of Light
: I may call them according to the metaphor of the text, The Bellweathers of the Flock, the Ringleaders of those numerous Sects, and daily increasing divisions amongst us.
And although each sect and division must necessarily be false and erroneous, because there is but one Truth, and one true way of Divine worship, which is ever constant to it self, yet hath each division its numerous followers of the divided Flock: as silly sheep when a gap is opened, follow one another to the breach to stray from their Pasture: So flock the people (if not restrained) into the ways of division and error, if any Sect-master but open a gap, and lead them the By-ways of straying from the Sheepfold of Christ, which is his Church: For such alas, is the sad condition of mans corrupted and depraved minde, as naturally to be more affected with error, then with the Truth; more prone to believe lies, and more zealous in the maintenance of falshood, then to believe and maintain the Truth: 'Twas ever so,
When the Prophets prophesie falsly, the people love to have it so
, Jer. 5.
ult.
but a sad question follows,
What will ye do in the end thereof
? When the Prophets prophesie Lies, or (which is the same) do make and foment divisions, and the people withall are affected with their lying prophesies, and side with them in their respective divisions: 'tis easie then to prophesie and foretell the end thereof to be ruine and confusion:
If a kingdom be divided against it self, that kingdom cannot stand, and if a house be divided against it self, that house cannot stand
, Mar. 3.24,25. Not the house of God, not the family of Christ, in what Kingdom or Nation soever established: All the Kingdoms and Nations in Christendom, ancient and modern, from the first to these last and worst of times, have felt, by sad experience, the bitter effects of divisions and errors in Religion; and none more then our own, so lately bleeding, even to the last gasp of death, and almost buryed in her own confusions; which took beginning from the prophesying of Lies, and overspreading of mistakes and errors in Religion, sowing the seeds of Schism, Faction and Sedition, in separate and divided meetings, or Conventicles in private; joyned with a sacrilegious vow-breaking performance of holy duties in Publick: All which are now as much, if not more practised then ever; some of whose Factors and Followers, do really
intend
, all do certainly
tend
to involve this Church and Kingdom, into the sad condition of intestine war, blood and Confusion, from whence by the great mercy of God, we so lately escaped.
And now to you, the Reverend persons, who are come to visit us in our distempers and infirmities, to you it belongs, as much as in you lies, to give stop to our overflowing Divisions: To restrain our licentious exorbitancies, both in doctrine and practice, in Praying and Preaching, and this, whether in the house of God, or in the houses of men:
Et fiat Justitia, ruat cœlum
.
FINIS.
A SERMON OF ANTICHRIST, Preached at Christ-Church,
Dublin
,
Novemb.
12, 1676.
By the Right Reverend Father in God, HENRY, Lord Bishop of
Meath
.
The Second Edition Revised and corrected by his own hand.
Reprinted at
LONDON
for
Nathaniel Ponder
at the
Peacock
in the
Poultry
. 1679.
Imprimatur,
Jan.
13. 1676. Ja. Armachanus.
March
4. 1679. H. London.
To His Excellency
ARTHUR
Earl of ESSEX, Viscount
Malden
, Baron
Capel
of
Hadham
, Lord Lieutenant General, and General Governour of His Majesties Kingdom of
Ireland
, Lord Lieutenant of the County of
Hartford
, and one of the Lords of His Majesties most Honourable Privy Council of both Kingdoms.
Most Honourable,
HOW much
Ireland
(happy in your Government) is above all other Nations in
Europe
, influenced by the power of
Rome
, is to Your Excellency well known, as to the world, and by themselves also acknowledged, and gloried in.
But unhappy is it in being thereby, and by
Romish
Emissaries (of malevolent and factious principles promoting other interesses) carried on fatally, to the disturbance of the peace of the Kingdom. Of this we have had Memorials of former Ages, some of them fresh and bleeding; nor are we even now without jealousies of what may yet be, were there opportunity for it.
This is not to be ascribed to the stars, or clime, or nature of the people, who have had of old the character, justly, of a people peaceable, harmless, affable to strangers, and in themselves, and to all, pious and good. So was it, while the Religion professed by their Forefathers was according to the primitive faith of purer times of the Church (although not then without some soil.) And thus find we it even now in those of the Nation who are of reformed and purer principles.
But being in after times corrupted in Doctrine and Discipline, and that the now Religion of the
Irish
is quite another thing from that of their forefathers (of whom yet they boast themselves Children, both as to faith and blood) we now find the Change great, as in Religion, so in disposition and manners:
On which we collect, that the grounds of our peace from those, must not be
Extirpation
, but
Reformation
, by removing those of their false Teachers, who mis-inform and mis-lead the Nation; and our withal instructing the people in the waies of peace and truth.
As to the latter I have observed, no people more desirous than are these to hear and to be instructed, nor any better, being so educated.
In which I cannot but mention and recommend as a president to others, the zeal of a pious and learned Prelate, the present
Archbishop
of
Cashel
, who has set himself on that work industriously by instructing the
Irish
in their own language; and hath already gathered the comfortable fruits of his godly labours, drawing in and retaining many of the Nation firm in the faith, the number also of such encreasing.
The means for that in former times, and in some of our own memories, was the translating and Printing our
English
Lyturgy, and the New Testament into the
Irish
tongue, that testifying our care of their salvation, and giving them thereby to understand in their own language the truth we profess and teach, contrary to the mis-information of others concerning us.
And to this purpose that learned Prelate Doctor
Bedell
late Bishop of
Kilmore
(happy in his Zeal and labours that way) to that of the
New Testament
and
Common-Prayer
before translated and Printed in the
Irish
tongue, did add the
Translation into Irish of the Old Testament
also, with
David's Psalms in meter
This I have in my hands in the manuscript, and wish it were for such a publick good, printed and published.
In the mean time, to give some stop, if it might be, to the Current of Popery, I conceived it might be convenient and necessary that it be known and declared to this mis-lead people, as to others,
who that is whom they so follow, that he is that very Antichrist, by whom they may be carried away by that deluge of Apostacy into perdition
, wherby these may by grace be brought to consider their waies.
This is that which is in the following Treatise intended, and is, I hope to some evidenced, which appearing, other points and erroneous Doctrines of Popery will fall, depending on that the principal.
Of this in my late preaching it, I had the honour of your Excellencies being then an hearer; and being prevailed with after for publishing it, I thought it fittest for your Lordships Patronage, in whose hand is the Government of that people for whom this is particularly designed. it was a confident presumption in him, who under the letter
I. S.
(it may be, far from his name) did
offer to your Patronage an invective against that Church of which you are, The Church of
England
your Mother, as not being the Church of Christ, nor any part of it
; which had its full confutation by a learned piece, Doctor
Andrew Sall
, I hope the contrary may find better acceptance from your Excellency, this shewing
that the Church of
Rome,
of which J. S. shews himself to be, is
Antichristian
, and communion there to be unto some dangerous, and damnable to others
.
It is in this my Comfort, which was St.
Paul's
speaking before King
Agrippa
) that I
speak to one who knoweth these things. And from whom I am perswaded (none of these things are hidden
, Acts 26.3.26.) For your Excellency is not a favourer only of Learning, but you your self also learned eminently, and particularly versed in Church Antiquities, on which most of that here spoken, is depending.
Which your affection to Learning appears in your large collection of Books, with which that your rich and compleat Library in
England
is stored. The fame of which hath crossed the Seas hither, as elsewhere abroad. There may the learned find knowledge in variety, beside what concerns Records both of
England
and
Ireland
, such as are not other where, unto which recourse may be had as to a
Vatican
.
And as to
Ireland
, considering the few years of your Government over us, I dare confidently aver, that none, so as your Lordship, knoweth so much of the Kingdom, People, Manners, and several Interesses there, and understands better the Measures, for governing answerably; and such a person so knowing, this Kingdom requires.
In your Excellency shines the Heroick Vertue and Courage of that renowned Martyr for King and Country, your illustrious Father; and that well tempered with your own personal Affability taking with, and obliging all; yet to each with a becoming distance of state and place, so as none to presume on more than just favour in Judgment, Justice being to all, and any without difference dispensed.
Tros Tyriusve tibi nullo discrimine habetur.
This is now testified in the present
Connaght Court of Claymes
under your Government the
Irish
in that Province, having therein their help, as had before the other parts of the Kingdom their distribution of Lands in former Courts of like nature. In which those of
Connaght
having been post-poned, they were given over as remediless, until by his gracious Majesties continual care of his People they were thus considered, and that by your Lordships procurement and management.
God multiply his blessings on you in your Person, and in your Excellent Lady, and Noble Progeny; and make us happy in the continuance of your prosperous Government, generally desired; which are the prayers of
(My LORD) Your Excellencies Most devoted Servant,
HEN. MIDENSIS
.
THE EPISTLE TO THE READER.
THat between the first and second coming of Christ the Church being settled and propagated by the Apostles and their Successors, there should arise a certain person notoriously wicked, an adversary to Christ, an a cruel persecutor of the Church, whom the Scripture 1
John
2. and 4. calls
Antichrist
, is by Scripture and Apostolical Tradition among Catholicks most certain, and not to be doubted,
Say the Romanists
.
Guil. Estius Tom.
4.
in l.
4.
dist.
47.
sect.
6.
And whereas the Apostles speak of a
Mystery of iniquity even then in those very times, working (2
Thes.
2.7.)
and that many
Antichrists were then in the world (2
John v.
7.)
and that there was
one other not-yet-come,
but in
his time to be revealed (2
Thessal.
2.5. 1
John
2.18.)
These together give us to understand
Antichrist
considered in his
several Ages,
and
gradual appearings
( for
Rome
was not built in a day.)
The knowledge of which
Gradual Comming of Antichrist
leads us to the better understanding him as to his Person and Appearing: Herein therefore consider:
1.
The Preparations to
Antichrists
Comming
.
2.
His after-appearing in the world
.
1.
The
Preparations to his Comming,
or his being
conceived,
and but yet an
Embrio in the womb's,
may be those first times, when that
iniquity did work but in a Mystery
that is
not yet so openly,
as after, and
Antichrist
not
himself
yet appearing, but
by others
his
forerunners:
called
Antichrists:
and from their
number many Antichrists;
and from their
chief
called also
, the Spirit of Antichrist who was to come, (
John
2.7.)
This period of time
may be extended to
the first 600 years of the Church,
of which although the first
300
be acknowledged the purer, yet do the later
300,
and the whole
600,
pass generally under the name of
pure,
compared with the following
.
In which
600
years it is granted, that many Errours did creep into the Church; For while the
husbandmen slept,
or were less vigilant, the
enemy sowed Tares among the Wheat, both growing together,
as our Lord had forewarned, (Matth.
13.24,
to
31.)
yet it is notwithstanding confidently averred
, that within those 600 years there was not one in the whole world might be properly called a Papist ,
saith our most learned (after
Primate) Usher
.
Jac. Usheri Christ Eccles. succes.
c. 1.
p.
18.
For as the
Title of Pope
was not yet appropriated by and to the
Bishops of Rome,
nor the name
Papist
from them derived to their followers; so
those Errours
before stolen in, and crept into the Church
, were not then received, nor passed for Truths;
some of them being taken notice of
, were opposed both in the Eastern and Western Churches, particularly in
France, Germany
, and even in our own
Brittain
also.
Id. c.
2.
And long after were those erroneous Doctrines of Popery no other among the learned of that side
, than Points disputable
pro
and
con, which were after in the
Council of
Trent
, and some others before determined as
de fide
, to be thenceforth no more questionable
.
This was not to be expected within those first
600
years of the Church when was wanting
an Universal Bishop and Pope,
by whose power a
Council might be ordered
to adopt those growing Errours for Truths, which after followed. For at the end of that sixth Century, and in the entring on the seventh in the year
607.
we
then
begin to hear of
Antichrists appearing in the world. But,
1.
In Infancy.
2.
After in full age, growth, and strength.
1. Antichrists Infant age,
is what next followeth, and may be stated in the year
607,
Boniface
3. who by favour of
Phocas the
Emperor
obtained and assumed the title of
Universal Bishop, or Pope,
which had been ambitiously sought after by
John Patriarch of Constanti nople,
as what he thought was belonging to
the chief seat of the Empire
Constantinople, which his so invading
that proud title
was, by Gregory
the great Bishop of
Rome, declared
a sign of Antichrist's being then at hand,
& that
whosoever assumed that title was Antichrist or a forerunner of Antichrist:
not dreaming how near that by him so spoken was to himself. For while he was eyeing another person, and place this was soon after found
in his own See of
Rome, and, there, in his very next successor but one
, Boniface. 3.
he Arrogating that high name of
Universal Bishop,
not content with
Primacy
without
Supremacy:
not satisfied
with being first among the five Patriarchs,
but to be
above them also,
and they subjected to him, and his rule, so he to be over all Bishops, and the Church throughout the whole World subjected to him as chief
.
And here see, how near the
Pope's two
so contrary Titles came in, and began almost together, that of
Servus Servorum Dei
by
Gregory;
and
Universal Bishop
by
Boniface his successor.
That also
Antichrist had scarcely begun to shew himself in this Western part of the World at
Rome, as now in
Boniface
when
near upon that time Mahomet the false Prophet began to appear in the East,
both to the bane of the Church: the famous Churches in the East suppressed by the one; and those in the West corrupted by the other
.
2.
Yet
was this but Antichrist's infancy;
we have yet to see him in
his full growth of strength and stature
under following Popes, especially in
Gregory
7th.
before called
Hildebrand,
who inlarged the Papal
power
above all
spiritual
and
temporal,
not only
Bishops,
but even
Emperours also being
brought under him
.
As to the time of
Gregory
the
7ths
Papacy, which was
about a thousand years from the destruction of
Jerusalem
and Temple, by the
Romans
: In
which time of the
destruction of
Jerusalem was that
Fulness of Christ's Kingdom, and its coming in power;
That is, the
Gospel preached to other Nations,
and Jerusalem
trodden down of the
Gentiles, (Luke
21.24.)
Thereby also were the Temple, Jewish service, worship and sacrifices taken out of the way, which, for a time, were hindrances to the course of the Gospel
.
In this Christ's Kingdom of the Gospel so come there was to be also a
binding up of Satan for a thousand years
after, so as the
Devil
should be restrained
, not in
that time, to
seduce the world
so freely, and so gene rally as before, Rev.
20.1,2,3.) after which thousand years, Satan was to be again at liberty, for mischief,
which
loosing of Satan
was the
period of Antichrists being also at liberty, he coming with the working of Satan (2
Thes.
2.9. Satan
and
Antichrist
working by and for each other) Which
thousand years were then compleated in the Papacy of
Gregory
the 7th.
mentioned
.
And it may be observed in this, what is also found in other great Prophecies
, that about the time of their fulfilling mens minds have been then stirred up as by instinct to enquire after that which was to be about that time expected.
So was it about
the time of the 70 years captivity,
which when at hand
, Daniel
is then more than before inquisitive and looking after it's accomplishing
(Dan. 9.23)
So also when the
fulness of time came
for
Christs coming into the world (
Gal.
4.4.)
how were men then more especially awakened for
looking after any waiting in
Jerusalem
for the salvation of
Israel, (Luke
2.25.38.)
so as when any eminent person appeared that might carry any likelyhood for it; as
Iohn B.
he was
sent unto, solemnly to
satisfy
whether he were the Christ (
Joh.
1.19,20:)
so
when the thousand years for Satans loosing,
and
Antichrists consequently appearing , were expired, the expectations of some were then greater,
they earnestly enquiring
whether Antichrist was yet come? or when?
As
to the letter (saith
Richardus Victorinus
) these thousand years are already expired, yet when Antichrist shall come, and Satan be loosed, we know not.
Rich. Victor. in Apocal. l.
6. c. 7.
Which mens
not knowing Antichrist when come, and present, and seen,
and (by the time for his coming elapsed) concluded as
come.
In that we see but what was, as to
Christ himself.
For the time for his coming being fulfilled and he present in the world, and seen and speaking dayly with them
, yet was not known (
Joh
. 1.10,11.)
but
still
expected. So was it as to
Christ's Kingdom also;
he himself being interrogated
, when the Kingdom of God should come,
he answered
that the Kingdom of God is within you,
that is
among you;
that which they saw not, was even then present, and with them, (Luk.
17.20,21.)
meaning
his Kingdom of the Gospel:
so were enquiries after
Antichrists comings when he was already come,
yet not observed
.
But although some were then so to seek, as to
Antichrist
, not knowing or seeing him when present and to be seen, yet was it not so with all; he being understood of others otherwise, so as even to be pointed at, and declared as to his place and person.
Particularly, as to
Gregory the 7th.
or
Hildebrand,
of whom
Eberardus in Aventinus
thus speaketh. Hildebrand
one hundred and seventy years since, was the first, who under colour of Religion laid the foundation of
Antichrists Empire
. Those Babylonian Priests would reign alone, and equal they cannot endure, they cease not to trample all under foot;
they sit in the Temple of God
, and are exalted above all that is worshiped; he who stiles himself Servant of Servants, is Lord of Lords, as if he were God. He frames to himself an Empire changing Laws; he establisheth his own, he corrupts, robs, spoils, defrauds, kills, that man of perdition whom they are wont to call Antichrist, in whose forehead that name of contumely is written, I am God, I cannot erre; he sitteth in the Temple of God ruling all and every-where; many say that
Gregory
is Antichrist.
Avent. Annal. Boiorum. l. 7. c.
47.
Bm. conc. gen. par.
2.
p.
438.
Also in the Papacy of
Paschalis 2.
a
. 1105
Fuentius
Archbishop of
Florence declared publickly that
Antichrist was even then come, and that he did sit openly in the Church,
pointing
at the Pope;
at which the Pope was so nearly touched, that in a Council at
Florence of 340
Bishops, silence in that was imposed on that Archbishop
.
This is that
Pope Paschal,
who contended with the Emperor
Henry 5th.
for wresting from him that priviledge concerning
Investiture of Bishops,
which the Emperors for
300
years had possessed as their right, but the Pope finding himself overpowered by the Emperor, who was then with an Army in
Italy,
he did withdraw that his challenge, leaving the Emperor in possession of that priviledge as before. And at a
solemn Mass administring the holy Supper, the Pope said, my Lord the Emperor, This body of our Lord born of the Virgin
Mary,
and which suffered on the Cross, as the holy Apostolick Church professeth, I give in confirmation of this sincere accord between us
& breaking the Host, keeping part for himself, and giving the other part to the Emperor, he added)
as this body of our Lord is divided, so let him be divided from the Kingdom of Christ our Lord, who shall attempt the violating this covenant between us, to which
Anathema, so pronounced
all said
Amen: Notwithstanding which, the Emperor being returned to
Germany,
that very Pope dissolved all in that done, and called that
pri viledge
which he so confirmed to the Emperour
prævilegium
, not
privilegium (
Sigebertus aliique apud Magdebur. Cent.
12. c. 8.)
Baronius
also thus mentioneth (a.
1170)
Alexander
3. and his Legates Letter to the Pope
his Master
.
Baron. Annal. Tom.
12.
a.
1170. Sect. 9.
Be pleased most holy Father, to hear patiently what we say, for my soul is in bitterness; both your devoted Son the most Christian King of
France
, and the whole
Gallican
Church are troubled at the scandals, which in the daies of your Apostolat are given by the See Apostolick, insomuch as our own say, that there Satan is let loose to the destruction of the Church, and that Christ is again crucified, and a manifest Sacrilegious person discharged.
Also
Joachimus Abbas,
a
. 1190.
saith
, that Antichrist is now born in the City of
Rome
, and is advanced into the See Apostolick
.
Roger Hoveden Annal. Ricar.
1.
p.
388.
It were endless in this to run through the several ages before and until
Luther,
God having then in those former times
discovered Antichrist to some here and there;
but more
plainly and more generally
on
the preaching of the Gospel in the Reformation,
on which followed that so
general a departure
as we see at this day from that
Babylon,
as by that voice from Heaven
, Come out of her my people, (
Rev.
18.4.)
Considering which clear evidence, and light of this great and so important truth, so generally diffused throughout the Christian Hemisphere, which all may see that will see; it is greatly to be wondered at to find notwithstanding at home, some excelling in knowledge and learning to grope in this, in midst of light, as in darkness, we having
the general consent of Reformed Churches abroad
.
Having also within our selves the
concurring Judgment of famous Bishops and learned men,
among whom are our
Whitegift, Abbot, Jewel, Andrews, Morton, Davenant, Bilson, Hall, Prideaux, Fulke, Reynolds, Whitaker,
and our Judicious
Hooker
above many. And in
Ireland
also had we our
Usher, Downham,
and
Bedell, (
not to mention others) and the suffrage also of
twelve Bishops
together delivered by
Bishop Downham,
desired in the name of the rest to declare their Judgments in it in his Sermon in
Christ-Church Dublin, on the 22d. of
April
, 1627.
This was subscribed
Nov. 20.1626.
by
Ja. Armachanus, Malcolm Casselen. Anth. Midensis, Ro. Dunensis, Rich. Corke, Cloyne
and
Rose, Thomas Kilmore
and
Ardmagh, Mich. Waterford
and
Lismore, Tho. Fernes
and
Laughlin, Geo. Derensis, Andr. Aladensis, Tho. Dromor. Fra. Lymerick.
These are here named for their lasting honours; besides whom are others of former times, and of the present also, not mentioned.
Add
our English Book of Homilies
approved and published by authority, in which is sufficient to shew the Doctrine of the Church of
England
to the same purpose.
But what needs more than that Excellent Paraphrase on
Rev. 20.
by the most Learned among Kings, King
James
of ever blessed memory, proving and concluding the
Pope Antichrist
, &c. in that his learned Pen and excellent Work, leaving a lasting monument to the World of his being
defender of the Faith
; A glorious
Title
descending to him, and to this Royal Family for ever.
By which Learned work of that
Great Prince
, that
Roman beast
felt it self so wounded, that their greatest Champion
Bellarmine
(but under a disguise) was inforced to run in and help; but with so bad success, that thereby occasion was given to Learned men to clear up that Truth, as we find at this day; above contradiction, other than cavilling.
And yet strange it is notwithstanding to see (as was said) some of excellent parts in knowledge and learning among our selves now sticking here, some being in that led by a
reverend esteem of some others of another Judgment,
but so few as to be numbred, and not to weigh in the ballance. Of these, some labour to stave off
Antichrist
from
Rome,
for avoyding what they suppose inconvenient
, our deriving our Church and Holy Orders,
from an
Antichristian
state, which needed not to trouble them
.
But some out of a
peaceable inclination, designing the reconciling
Rome
and us in one,
or at least not so far to offend that party, as if
Rome
were to be complemented and obliged thereby to favour our cause or persons the more, were we in their power
.
Whereas by
such our connivance and silence,
not speaking out what is truth
, that
Rome
is
Babylon
, the Pope Antichrist; and that communion there is dangerous to some, and to others damnable,
and by our tender forbearance in this
, Popery and that Church doth pass for Catholick, Antient, Holy, and the very way to Salvation.
Whereby not few have been seduced and drawn away from the Truth professed, as others may be, who hear of nothing to the contrary; thereby are also those of that communion fastened there, they being confirmed by this our silence
.
On which consideration, and that this strikes at the root of Popery; I have been led to this subject.
Which as first was intended but for that Honourable Auditory and place only where it was preached, but by multiplied importunities of many, and being awakened by an imperfect Copy, taken while it was in speaking, which I understood to have been dispersed, and I know not how far, and might be (I feared) to the prejudice of the Truth, and to the advantage of adversaries, I therefore consented to the revising and publishing thereof for avoiding those inconveniencies, declaring this, and none other, to be what I own.
In which as now set forth, are some things more than were delivered in Preaching, yet what was intended, had time permitted; something also is added for further inlargement, which might better pass (I conceived) in writing than in speaking.
And although that called a
Sermon
be swoln hereby above its ordinary bulk, it is notwithstanding still short of what may be necessary for the clear opening of this great Point; yet do I stop there notwithstanding at present, supposing there may be an opportunity after offered for defence of that delivered by that opposition, which is not to be doubted this may find from the adverse Party.
Whatever this is, all is submitted to the judicious
Reader,
desiring Gods blessing it to all, particularly to those, who yet hear not that
voice from Heaven,
Come out of her, my people, that ye be not partakers of her sins, and that ye receive not of her Plagues
, (
Rev.
18.4.)
A
SERMON
of Antichrist Preached at
Christ-Church, Dublin, Novemb. 12. 1676.
2 Thess. 2. 3. to 13.
V.3.
There shall come a falling away first, and that man of sin shall be revealed, the Son of Perdition.
V.4.
Who opposeth and exalteth himself above all that is called God, or that is worshiped; so that he as God fitteth in the Temple of God, shewing himself that he is God.
V.5.
Remember ye not that while I was yet with you, I told you these things.
V.6.
And now ye know what witholdeth, that he might be revealed in his time.
V.7.
For the mystery of iniquity doth already work, only he who now letteth will let, until he be taken out of the way.
V.8.
And then shall that wicked be
revealed, whom
the Lord shall consume with the Spirit of his mouth, and shall destroy with the brightness of his coming.
V.9.
Even him whose coming is after the working of
Satan
with all power and signes and lying wonders.
V.10.
And with all deceivablenes of unrighteousness in them that perish, because they received not the love of the Truth that they might be saved.
V.11.
And for this cause, God shall send them strong delusions, that they should believe a lye.
V.12.
That they all might be damned, who believed not the truth but had pleasure in unrighteousness.
THE words read exceed much the now ordinary bounds of a Text, yet being all of a piece, nothing could be well omitted.
The words are a Prophecy of evil times to the Church, and to the World, by one here termed
A man of Sin, (v.
3) and
who that man of Sin is
, is now the enquiry; and well worthy our enquiry, the import of the matter, and its concern generally considered.
The
discovery of this man of Sin
, will appear in the description here given of him, both in his
Rise
and
Fall
His Fall, v. 8. His Rise before, v. 3. These make up the parts of my Text.
His Rise
is here under four considerations, by which brought together, this
Man of Sin
will be discovered
who he is
.
1.
Here is the character, condition and quality, what kind of person he is, a
Man of Sin, v.
3.
2.
He is also considered as to the
place
, where he is to be found,
Sitting in the Temple of God
.
3.
Here is also the
time
when he is to appear in grandeur,
when he that did then lett or
hinder
should be removed, then shall that
wicked
be revealed
.
4.
His actions in the world
, when he should be revealed, and by which he should be known above others, he
opposing and exalting himself above all that is called God, &c. v.
4.
He to whom all these agree, and in whom all meet together, is that
Man of Sin, this Son of perdition
whom we now seek after.
I.
His condition and quality
is herein to be first considered; that
he is a Man of Sin
.
A Man of Sin
is a Scripture-form of speaking for
one above others sinful
. The word
sinner
, sometimes imports the
greater sort of sinners
; and where the word sinners is first found in Scripture (
Gen
. 13.13.) it is said of Monsters of sin,
those of
Sodom
who were sinners before the Lord exceedingly
. And surely
a Man of Sin
, intends something more than a
sinner. Beza
renders it
merum scelus
, meer or very wickedness.
A Man of Sin
(saith
Grotius) signifieth some person notably and above all others wicked
.
And accordingly is this
Man of Sin
here
one above others sinful
, both in
life
and
profession. Therefore
called
spiritually Sodom, (Rev.
11.8.) and as
to Faith and Doctrine
; An
Apostate
(and what is in that kind worse?)
falling away (v.
3.)
departing from the Faith
(1
Tim.
4.1.)
denying the Lord that bought them
, and
bringing in damnable Heresies
(2
Pet.
2.1.) and
Doctrines of Devils, forbidding to marry, and commanding to abstain from meats
, & c. (1
Tim.
4.1, 2,3.) we know who do so. Of these Apostate Professors are those also of whom St.
John
speaketh
who deny that Jesus is the Christ
; adding,
he is an Antichrist that denyeth the Father and the Son, whosoever denyeth the Son hath not the Father
(1
John
2. 22, 23.) And
every spirit that confesseth not, that Jesus Christ is come in the flesh, is not of God; and this is that spirit of Antichrist, whereof ye have heard that it should come, and even now already, is it in the world
(1.
John
4.3. Not that
Antichrist, or
every
Antichrist, denyeth Christ come in the flesh
; Some did so; nor do all hereticks speak the same thing, but
whosoever shall say that Christ is not come in the flesh is an Antichrist
.
In all is to be observed,
1.
That all false doctrines and heresies
, whether against
the doctrine and truth of Christ
, of which the
Apostle S. Paul
speaks (1.
Tim.
4.) or
against Christ's person or Natures
, of whom St. John
speaks; both these are against Christ
, and such as so teach and believe, are therefore (because
against Christ) Antichrist
, so as
every deceiver is an Antichrist
(2.
John
v. 7.)
I Judg
(saith St. Hierom)
all chief hereticks to be Antichrist, under the name of
Christ
teaching contrary to
Christ
.
2. Hereby we find that there are
many Antichrists
(1
John
2. 18) and of those many that
some
were then, in the Apostles. dayes, in the world. (1.
John
4. 3.)
Apostates from the faith
before professed;
They went from us, but were not of us
saith the Apostle (1.
John
2.18,19.
3. Observe,
that among those many Antichrists
there is
one chief Antichrist
, see both in 1.
John
2. 18.
little children, it is the last time, as ye have heard, that Antichrist shall come; even now are there many Antichrists.
In this we find those
two sorts of Antichrists
distinguished. 1.
In number: Antichrists
plurally, And
many Antichrists
; the other but
Antichrist
singly: one among many. 2. These two also are distinguished
in time
, Of those many some
already come
, and
then in the World
; but
that one Antichrist then not yet come
, yet expected (2
Thess
. 2.)
the revealed in his time
(v. 7.8.) 3. see that one and chief Antichrist above the rest pointed at Emphatically,
by an Article
which is in the
Greek
; not expressed in our
English
Ho antichristos
that
Article
Ho antichristos
or that Antichrist
(saith
Grotius) points at some one Antichrist among those many more noted
. And with like Emphasis is this
man
of sin, in the Text expressed by
that man of sin, The Son of perdition
(v. 3.)
That wicked
(v. 8) and even him,
whose coming is after the working of Satan
(v. 9.)
4. Observe that great
Antichrist
in S. John, and this
man of Sin
in
S. Paul
to be intended of the same Person;
none can doubt but that St. Paul doth speak these things of Antichrist
saith S. Augustine.
S. Aug in 2 Thes. 2.7
de civit. dei
l. 20. c. 19.
where and else where we find the same person under several names, under diverse considerations, so called
Sodom
and
Egypt (Rev.
II. 8. the
great
whore (
Rev
17.1)
Babylon
v. 5. and here
that man of sin
(5) and by St. John,
Antichrist
. In which variety of names, some one is at present to be principally used, for avoiding confusion; in which I shall choose that of
Antichrist
, as being a word both Scriptural, and
Ecclesiastical
, frequently occurring in the
Fathers
, and
Ecclesiastical
writers, ancient and modern.
5. Observe that
man of Sin
or
Antichrist
, although singularly, and Emphatically, and as it were, personally pointed at, is
not notwithstanding to be understood as terminated in any one individual person whatsoever
; but as those many
Antichrists
make up that wicked society of Apostate Hereticks, of what kind soever; so is this
great Antichrist
A chief of his great Apostacy, but
as one in succession
, though
diverse
in person, so it is said of the
Aug. triumph. de potestate, Ecc. q. 3.
Art.
7.
Pope and Papacy That as to the place and office of the Papacy all Popes from first to last, are but as one Pope
, so when they say,
the Pope is head of the Church
, that is not intended of
any one Pope alone
, but of
any and all in that succesion
.
Thus of
Antichrist
, as here
considered
in his
person, condition and quality. A man of Sin
, one
in profession and faith
, also in
life and manners sinful exceedingly
; and how that is, will appear after in particulars.
II.
We have next to see
this man of sin
, as to his
place
, where he should appear, and is to be expected;
sitting in the Temple of God
.
Which words The
Temple of God
, some appropriate to
Jerusalem
, and the
Temple there, so understood properly
(saith Grotius)
in both Testaments
Grot.
de Antichrist
It seems also to make for this; what is instanced of
Cajus
one of the Roman Emperours, who caused his
Image or statue to be placed in the Temple at Jerusalem
to be worshipped: which agrees (say some) with the Text literally,
This man of sin, sitting in the temple of God
&c.
But this
man of sin, or Antichrist
, is intended of an
Apostate Christian fallen away
(v. 3.) such as
was not Caius
, a Pagan, and never otherwise, therefore not he this Antichrist.
2. Nor is
Antichrist
one individual person, but a chief in succession; heading an Antichristian State and Faction, therefore not
Caius
nor
Simon Magus
, or any other such whosoever; which will after appear more fully.
3.
The Temple of God
in the Text is interpreted the
Christian Church
, by the Fathers St.
Augustin, Chrysostom, Hierome, Hilary, Theophylact, Theodoret
, and others; also by
Thomas Aquinas
and others of the Schoolmen.
4. Notwithstanding what is confidently averred by some,
that in both Testaments, the Temple of God is intended of that Temple in Jerusalem
, the contrary appears; and that the Christian Church is also in that pointed at in
both Testaments
. So in
Zech.
6. 12, 13.
Behold the man whose name is the Branch
(meant of Christ,
Zech.
3. 8.
Isa.
14, 1.
Jer.
3, 8.33.15.)
he shall grow out of his place, and he shall build the Temple of the Lord, even he shall build the Temple of the Lord, and he shall bear the glory, and shall sit and rule upon his throne.
In which is not intended
the Temple of Jerusalem
, as if built by Christ, whose destruction he declared; those dayes also of its destruction being the time of the Lord's
coming to Judge that People
, and then
setting
up his
Temple of the
Christian Church, where
he would be worshipped in spirit and in truth
; not any longer in Types and Sacrifices, as in
Jerusalem (John
4. 20. 21.23.) And the Christian Gospel-Church taken as Catholique, and of both Nations, is called
the houshold of God, built on the foundation of the Apostles and Prophets, Jesus Christ himself being the chief corner stone, in whom all the building fitly framed together groweth unto an
Holy Temple
in the Lord, in whom they are also builded together for an habitation of God through the Spirit.
(Ephes. 2.19,20,21.22.)
And
as by the Temple
, so by
Jerusalem
also is the
Gospel-Church of Jew and Gentile
signified, and that also, as the
Church is Militant and Triumphant; Jerusalem which is above being mother of us all
, (Gal. 4. 25, 26, 27.
)
In which it is to be observed that the state of the
Christian Church
is set forth in the Revelations by 2
Visions
of 2
Women
.
One
the
Holy Christian
Church, represented
in a Woman cloathed with the sun, and the moon under her feet, and upon her head a crown of 12 starrs
, she
travailing with Child
(shewing her
numerous Issue
) who was before
barren (Isa.
54.I.) she also, and hers
prosecuted and persecuted by the dragon
, but
preserved
(Rev. 12. 1, 2, 3. 6. 13, 14, 15, 16, 17.)
But the
other woman
signifying the
Church Antichristian
, persecuting the true Professors, and
drunk with the blood of the Saints, and with the blood of the Martyrs of Jesus
(Rev. 17. 1, 2, 4, 5, 6.)
Observe also that these 2
women
(or the
Church under these 2 states and conditions
) are also represented by 2
Cities
, the great City
Babylon
and
Jerusalem
: that City named
Babylon
(Rev. 17.5,18.) being for that
Antichristian state
: but the other City
Jerusalem
(Rev. 20.21,
&
22.) for the Church of God, the new
Jerusalem and Temple
; no wonder then if by
Jerusalem and the Temple
the
Christian Church
be signified.
5. And, that
Jerusalem
and the Temple there, could not be the place where that man of sin or Antichrist was to sit, appears, in that
Babylon
, the city contrary to
Jerusalem
, is declared
Antichrist's seat
: Also, that the description given to that City (the seat of Antichrist) no way suits with
Jerusalem
, see for that (
Rev.
17. 6, 7, 8, 18.) where, by
Babylon
, the Romanists (we need go no further)
intend Rome
, and for that the
Rhemists
earnestly contend in their Annotations on 1 Pet. 5.13.
The Church that is at Babylon saluteth you
(saith St.
Peter
) which is their Scripture-proof
for St. Peters being at
Rome. Also Cardinal
Baronius
speaking of the name
Babylon
in the Revelation,
Certissimum est
, &c. it is most certain
(saith he)
that by the name
Babylon,
the City
Rome
is signified
;
Annal. a. 45.
and Cardinal
Bellarmine
, by
Babylons
description, agreeing to
Rome
, concludes out of
Turtullian,
Notissimum est
, &c.
(saith he)
It is most evident and acknowledged, that
Rome
is built on seven hills, nor was there any other city, which in the dayes of
St. John,
had dominion or reigned over the Kings of the earth, but
Rome
onely
:
De Rom. Pont.
l. 3. c. 13. & l. 2. c. 2.
Rome (saith he)
and no other city
; not
Constantinople
, which although after styled
Rome, or new Rome
, being also
seated on hills
, yet did not that then in St.
Johns
dayes
reign over the Kings of the Earth
. And as to
Jerusalem
, nothing of all that could be said of it,
neither
that
it was so situated on seven hills
, nor
then reigning over the Kings of the earth
Jerusalem
being then with her children in Bondage
(Gal. 4. 25.) and that to the
Romans
; and by the
Romans
soon after destroyed.
And if
Rome
be the City for that malignant state, then must the Temple of God be understood to be there, and
Rome
to be the place for
Antichrist's sitting
. But it is objected, how the Church of
Rome
should be then called the Temple of God where
Antichrist sitteth
.
Res. So was
Jerusalem
also once the Faithful City. And even when at worst, after their crucifying the Lord, it was then called
the Holy City (Math.
27. 53.) having that name from what before it was. So was
Rome
once famous over the World for its faith (
Rom
. 1.8.) and the Church there was the Temple of God. And it was an honour to the Church of
Rome
, that it held out longer than some other Churches and opposed the Heresies rising and prevailing in the Eastern Churches; yet as those famous Churches of
Asia
, fell from their Purity (particular Churches may fail) so did
Rome
it self after, and that
once faithful city became an Harlot
(Rev. 17.5.) as was said of
Jerusalem
, and
their silver was become dross, and their wine mixt with water
(Isa. 1. 21, 22.)
once Pure
, now Mixt and Corrupt with Errors and they even Apostate from that Faith professed by their Forefathers: yet from what once was, and from what is yet there left of Good (though
mixed and corrupt
) that Church is called by the Apostle here
The Temple of God
and
there Antichrist sitting
.
The summe of all is, that
Babylon
, which is acknowledged to be
Rome
, and the
Temple of God there
, or the
Church of
Rome
Apostate from the Faith
formerly professed, is
the place where Antichrist is to be expected and found, which
was the 2d
circumstance
here considerable for
Antichrist's discovery
: his
place: sitting in the Temple of God
.
III.
The Next is that of
time, when he should appear
.
Little difference is between the Romanists and us, as to the
place
; but the question is of the
time
, for as the
Jewes
speak of
Christ yet to come
, so do they of
Rome
concerning
Antichrist
, and that he
is expected about the end of the World and at
Rome,
when
Rome
shall turn Apostate
, but we Assert
that Antichrist is already come; and that long since; and that he is even now in the World acting as is said of him
: which is to be now examined.
The
time for Antichrist's appearing
is thus in the text expressed (v. 5, 6, 7, 8.)
Remember ye not
, saith the Apostle,
That when I was yet with you I told you these things? and now ye know what withholdeth that he might be revealed in his time, for the mystery of Iniquity doth work already, onely he who now letteth, will let, until he be taken out of the way, and then shall the wicked be revealed.
Unto this is to be added that in
Rev.
17. (both places joyned, making up this whole matter) For in
Rev
. 17. we read
of a woman sitting on a beast with 7 heads
(that woman being that great City
Rome
, and those 7
heads
interpreted both 7
hills
, on which that
city
is
seated
, And also 7
Governments called 7 Kings; Kingly or supreme
.
Of which 7 Governments of
Rome
, it is said that 5
are fallen
, and
one is
, and
the other not yet come; and that when he cometh, he must continue a short space, and that the beast that was, and is not, and yet is, which
is added (v. 8.)
even he is the eighth, and is of the seven, and goeth into perdition
v. 10.11.
For opening both which Texts together,
1.
It is granted, that
Rome is that great City seated on seven hills
and
ruling over the Kings of the earth
.
2.
That
these seven heads or governments, are
Romes
seven Governments also
.
3.
Of those
seven Governments of
Rome, it is said that
five are fallen
: so in St.
Johns
time were those first five fallen, that is, 1.
Kings
, 2.
Consuls
, 3.
Dictators
. 4.
Decemvirs,
5.
Tribuni militum
(those vested with Consular and Supreme power) which five are so by
Livy
distinctly mentioned:
What
(saith he)
the
Romans
did, first under their Kings, after under their
Consuls, Dictators,
Decemvirs
,
and
Consular Tribunes,
whether as to wars abroad, or suppressing troubles at home, I have
(said he)
set forth in five books
. (Tit. Liv. lib. 6.) All which their
first five chief Governments
were fallen away, and not then in St.
John's
time of writing, in Being.
4.
Where it is said, that
one is
; In that is
Romes sixth form of Government
, next following those
five before fallen
, this sixth being that of
C
æsars, or
Emperours, which is
, or
then was, when this was written
, the Roman Emperours then, and hundreds of years after, reigning in the world, and over the Kings of the earth.
5.
That there was
another yet to follow
, being
Romes seventh form of Government
, not then yet come, when that was written, but expected: concerning which I shall shew,
1.
What kind of Government this is, and how distinct or differing from the former.
2.
That for introducing this seventh form of Government, the last foregoing, the sixth, was to be removed; and was removed accordingly.
3.
That on the removing of the sixth, this seventh succeded.
2. What
kind of Government this seventh is
, and how
distinct and differing from the former
: As to
Romes former six Governments
, they were all
civil and military, This seventh is principally Hierarchical
or
Pontifical
. Such a kind of Government was that
Priestly
and
Macchabæan, among the Jews
after the captivity, which continued until near the time of Christ's coming; about which time it was by
Herod
suppressed.
And that Antichrist's dominion in
Rome
should be such, is implyed in
his sitting
(that is
in chief) in the Temple of God, the Temple of God
denoting as the
place
, so the
person
also as to his
condition
and
quality
, that he should be
Clerical
. He
shall attain Ecclesiastical dignities, and in the Temple of God shall he sit, holding there the seat or chair of Eminency
, saith
Radulphus Flaviacensis
de Antichristo
(Levit. c. 1.)
apud
Magdeburg. (Cent.
10. c. 4.) Also
Pope
Gregory
the great
styles
Antichrist,
Sacerdotem Universalem
, the Universal Priest, for whom
(saith he)
an Army of Priests is prepared
,
6. Ep. 28
shewing his Army and Arms
spiritual
, other than before.
Of
which
Romes
Pontificality
, it is said (
Rev
, 17. 8, 11.) that
it was and is not, and yet is
, and that
being an eighth, it should yet be of the seventh
, that is,
1. That
this Pontificality was
, as is said,
that which is now in
Rome,
is what was also there before under former Governments
.
For as to matters referring to
Religion
, the
Romans
had of old, instituted by
Numa Pompilius, their
Pontifices
or Under-priests; and
over them a chief Priest
called (
Pontifex Maximus
) which
lower Priests were exempt from civil jurisdiction, and only ordered by him who was
Pontifex Maximus
,
he himself not being accountable to any
.
2. Of
this Roman Pontificality which was
of old under the first five Governments; It is said also,
that it is not: (Rev.
17. 8.)
i.e. then under the sixth Government
, that of
Cæsars
(which was that in Being when that was declared to St.
John
) when was it said that
this is not
, or
then it was not
; for the
Roman
Emperour
conceiving the Priviledges of the
Pontifex Maximus
overgreat, and not safe in any hand but his own, it being independent
: therefore he
assumed and annexed it to the Imperial Crown
; so as it became one of the
Imperial Titles
, to be
Pontifex Maximus
, thus continuing untill it was by
Gratian a Christian Emperor altogether abolished
; so as
that office of
Pontifex Maximus
which was under the 6. Government was changed from what it was at first by
Numa Pompilius, Swallowed up
in the person of the Emperour, and after
quite abolished
, therefore
that which was, now is not
, or
then was not
, when that was by St.
John
written.
3. Yet is it added (
Rev.
17.8.) that what was,
and is not, and Yet is
, there the present is for the future, as is usual in speaking of things to be,
It is, i.e.
it shall be again, or as now to us, it may be said
that it is: being
in the
Romish Pontificate restored
; not as
before
; before
it was an honorable office among the first 5. Governments
; they were supream, under which this was, although independent. Nor is it now as it was after under the 6th
Government
, that of
Cæsars
: it having been
then annexed to the Imperial Crown
; but
now in the Romish Pontificate
, this
that was
, and
after was not, now is
, being
restored and created supream, where we find even the very Title of
Pontifex Maximus
retain'd
, and the
priviledges also, which the
Pontifices
, or
underpriests had of old, now again to them reserved; they being, as much as may be, exempted from civil power
, and
only accountable to him the now
Pontifex maximus
,
and he himself to none other
.
4. It followeth to see,
how this becomes an eighth head in that Government, yet but of the seventh
(
Rev
. 17.11.)
That is so by the Pope's
advancing his spiritual
dominion
and title above all Powers, the
Emperour
not excepted
, and
being in his spiritual capacity the seventh
, he becomes
now in that exalted Power an eighth
, the
Priesthood the seventh
, being in
his exalted Power raised to an eighth head
, yet of
the seventh
,
not
being in
his exalted Power raised to an eighth head
, yet of
the seventh
notwithstanding;
as to nature and kind
this is the seventh, but an eighth, also
in degree and power
.
But to
the introducing this seventh head in the Government of
Rome, was
the last foregoing (the sixth that of
Cæsars) to
give place, and to be first taken out of the way
, This is next to be considered, see it so in the text
(v. 5,6,7,8.)
which now come in.
This required wary expressions, not thereby to raise persecutions to the Christians from the Emperor; that being a
crime
Læsæ Majestatis
. This the Jews objected to Christ.
John
the 18. 12, 15. and to his
Apostles. (Acts.
17.7.25.8.) Therefore we find the Apostle here very circumspect in declaring himself in it, not speaking all, but referring to what he had before told them in the ear,
Remember ye not what I told you of these things when I was yet with you?
(2.
Thess
: 2. 5.) and being now to
write
of the same thing, how darkly is that done?
not nameing Emperour
or any thing that way, only
when he that now letteth shall be taken out of the way
, which indeed was the
Emperour
, by whom that former office of
Pontifex Maximus
was taken out of the way, and the Emperour also being likely to oppose any other over topping power in that kind; Therefore in
order to Romes
7th.
head or Government was the sixth to be removed
, and that it was so accordingly we find it.
1.
In
Constantine the
Great, (the first Christian Emperour)
his changing the seat of the
Empire, which was
Rome
Anciently, and removing to Constantinople; thereby leaving
the City of Rome
, as it were vacant.
2.
When by succeding Emperours the Roman Empire was divided, and the Roman Eagle before under one head, having after 2 heads: and spred into the Eastern and Western Empires, and that also the seat of the Western Empire was other where than at
Rome
, thereby was that place left to the Bishops of
Rome
in a yet farther degree than before.
3.
But yet more, when
ann.
475. the Western Empire had quite expired, and indeed in
Augustulus
(as it began in
Augustus
) the Empire having bin invaded by the
Goths
and other Barbarous Nations, by whom also
Rome
it self was taken, and possessed about 50 years, the
Pope
himself being also expelled and put to seek, for a time, another habitation, Hereby was the Western Empire determined, and so continued 325 years.
This was the 2.
head
proposed, the first
removeing him that did let, for makeing way for him that was to succeed
.
III. It follows to shew the others succeeding accordingly, and that gradually comeing on according to the steps of the former's receding.
1. For on
Constantines leaving Rome
, and
makeing Constantinople the seat of his
Empire
thereby
(
Sede vacante
)
the Bishop of Rome
entered on the
possession of the City of Rome
; (the Romanists add): by
donation from Constantine
, with addition of other large Territories, held in Fee, and in Demeasn for ever. This I pass; it not being my work at present to examine it. In this state things stood about 300 years,
Romes
Goverment being in that time by its Bishops, yet subjected to the Emperor, by which they were kept within their bounds, for
Rome
being but one of the 5 Patriarchs, although chief among them, was not yet above them.
2. So continued it untill
the Empire determined
in
Augustulus,
an.
475. after which
An
607.
Boniface
. 3. obtained from
Phocas
Emperor of the East, that
not the Patriarch of Constantinople
(who contended for being Chief)
but the Bishop of Rome
should
be universal Bishop. This Gregory.
1. Bishop of
Rome
had before condemned in
John Patriarch of Constantinople
, and by his but attempting it,
concluded him, or any so doing
, to be
Antichrist or his forerunner
, and
that Antichrist himself was not farr off
. And
now was the Title of Pope appropriated to the Bishop of Rome
, which was before communicated to other Patriarchs, and Bishops also indifferently.
And hitherto
reached Romes Episcopal
and
Patriarchal Government
, of which it was said that it should
continue a short space, Rev.
7. 10. which was about 300 years, that being but short compared with what followed from
Boniface
3. when the
Title began to swell to its greatness, they
being thenceforth
Universal Bishops, and Popes above
all.
3. But after
Boniface
3.
Pope Leo.
3.
an
, 800. made a farther
Essay of his power
, in
deposing
the
Lawful King of France
, and advancing
Pipin
his Subject to be King, and after
created Charlemaine Emperor
; both as Champions for the Church, to Expell the Barbarians who had invaded
Italy
, out of whose hands
Rome
was recovered, and restored to the Pope, with addition of other large Territories.
4. But all this while, the Popes power, was in some things restrained by those Emperours of their own making, who
reserved to themselves the choosing
and
placeing of Bishops
, and the approbation even of the very
Popes
also.
In this,
Gregory
7th. contended with
Henry
the 4th. Emperour, whom he Excommunicated and Deposed, stirring up against him his subject
Rodulphus
, naming him Emperour, and giving the Crown, with
PETRA DEDIT PETRO, PETRUS DIADEMA RODULPHO.
Of the troubles, bloud, and destruction to
Germany
in that, I speak not, onely that to this
Gregory
7. is by
Popish
writers that glory given, that he was
Imperii Pontificii fundator
; others his Predecessors attempted the reaching at the temporal power, but was not till now attained.
And after, the Emperour
Henry
5th. coming to
Rome
to be Crowned by Pope
Paschalis
2d. the Pope would not consent to his Coronation, he
first did give over all Right of Election
of Popes, and of
Investitures of Bishops by Staffe and Ring
; In which although that Pope failed then of his end, yet was that after attained.
5. And although, In all this the Pope had gained the point of
temporal sovereignty
, and the gaining also out of
temporal hands
into the
Popes power
, the
Investitures of Bishops
, by which he was in that kind absolute, yet could not that satisfie, while the Pope was over-topped by a
General Council
, By which he had been oft threatned, awed and sometimes deposed.
The removing this therefore, was to be next attempted, and was at length also by Pope
Leo
10th. compassed, so far as the Popes Council at
Lateran
could do towards it; of which
Bellarmine
thus Triumphantly;
The last Lateran Council under
Leo 10.
expressly and professedly teacheth that the Pope is above all Councils, and reproveth a contrary decree in the Council of
Basil, (
citeing the words of the Council
, to which he adds)
To this nothing can be answered, unless it be that this was no General Council, or that it was not received by the Church, or that this was not their decree
de fide
. Belarm.
de concil.
1. 2 c. 17.
6. But
one thing yet remained
(shewing, as the Popes power, so his being in that, very
Antichrist
) which is the
confirming those Romish erroneus positions
which had been long
creeping
into the Church, as
Tares mixed with the Wheat
: and had long passed loose, and undetermined, being onely disputable, controverted, and oft opposed.
These were after, in the Councils of
Constance, Lateran
, and of
Trent
, concluded and decreed for
Doctrines
, and
Articles of Faith
; and an
Additional Creed of
12
Articles of them composed
, which were by
Pius
4th. his Bull imposed to be subscribed or sworn unto.
In all see,
1.
The Removal of Romes
6th.
Head or Government, that of Emperors
.
2. See also
the introduceing and growing up of the
7th. from its
infancy
to its
full growth
; The Church of
Rome
being before, but as
others, a Branch onely of the
Catholick Church,
now it self passing for The
Catholique Church, and
she
the
root
out of which all other Churches derive and spring, others on this
depending
, and by that
influenced
: so doth that Church now boast of her self, of which the
Apostle
St.
Paul
in his Epistle to that Church had forwarned them, (
Rom.
II.18,19,20.)
Boast not against the Branches, but if thou boast thou bearest not the root, but the root thee; Thou wilt say, the branches were broken off, that I might be graffed in; well, because of Unbelief they were broken off, and thou standest by Faith, be not high-minded but fear, For if God spared not the natural branches, take heed that he also spare not thee.
In which is the Apostles prophecy concerning that Church.
But before this be shut up, one doubt is to be removed,
of the Empire being not yet taken out of the way
, which we now see in Being.
Res. 1. Of that Empire which was in the Apostles dayes, is that by the Apostle intended, that it should be first taken out of the way, the standing of that being an hinderance to the Succeeding Government. But that Empire was long since extinguished.
2. The present Empire is of another kind, being of the Popes own erection, for restoring, promoting and preserving his greatness; His hand being in that
throughout
.
So
Bellarmine
writing of
the Translation of the Roman Empire
in 3 bookes, he makes the summe of
his first book
, The
Roman Empire being by authority of the
Pope,
translated from the
Græcians
to the
French. And the summe of his 2d. book,
The Roman Empire passing from the family of
Charles
the
Great,
and the
French,
unto the family of
Otho,
and the
Saxons,
by Authority of the Bishop of Rome
. The Title also of his 3d. book is, The 7
Electors of the Empire to have been instituted by Pope
Gregory 5th. See the Popes hand in all; he also even now approving and Crowning the Emperour elected.
And therein we find that fulfilled which was prophesied of
this Second Beast
(the Papacy)
Its setting up an Image of the former beast which had a wound by a Sword, that it should live, speak and be worshipped
(Rev. 13. 12, 14, 15.) For
that first beast
(the Emperour) having in
Augustulus
, the last Emperour of that race, received
that its deadly wound
; It, was by the 2d.
beast
that succeeded (the
Pope
) again restored, and an
Image of the former, made by him an Empire
, set up; to which he
gave life
, so as to speak, and be worshipped, that is, honoured and followed.
But 3dly. observe, that this is
but an Image
: so is the now
Roman
Emperor, compared with what was.
The now Roman Emperor is but an Image of the Ancient Empire
, (saith Salmeron)
and the Majestie of the People of Rome, by which the World was of Old Governed, is now taken away from the Earth, and the Emperour is now but an empty
Title,
and is but a shadow
onely; So
Eberhardus
in
Aventinus
Avent. Annal
l.7.
The
Emperour of Rome is now but a bare
Title
without
Substance.
Ibid. l.5.
Neither indeed is that his Title, he is
not now Styled Emperour of Rome
, but What is, Is onely of
Germany; Rome
being left for the
Pope
.
I shall, before I conclude this, add a little touching the
greatness of this
7th.
Head, or Government of Rome, the Papacy
, And that
it falls not short of the Greatness of the former Emperours of Rome
, according to the Estimate made of both by the
Romanists
.
For whereas
Justus Lipsius
his book of the
greatness of the Roman Empire
, meaning that of old, is styled
Admiranda
:
Thomas Stapleton
, (professor at Lovaine)
Tho. Stapleton: t. 2.
intitles his book
of the Papal greatness,
Vere Admiranda
; shewing that for
extent, strength and power over Princes, the
greatness of
the Papal Empire, is far surpassing; for no marvail
(saith he)
if the Roman Emperor armed with
30 or 40
Legions, had many Kings at Command; but that the Pope a person unarmed should give Laws to the World, and even to Kings, advancing and deposing them at pleasure, this is indeed marvailous
. He instanceth in
Leo
3d. his giving the Empire to
Charles
the Great.
Leo
I. called the Great, Bishop of
Rome
, speaks thus of the
greatness of Rome then
, compared with what was before under the
Cæsars
, and its former Governments.
Thou art
(saith he of
Rome
)
a Royal and Priestly City; By the seat of
St. Peter
and
Paul
in thee, thou art become the head of the world; thy Rule is more by Religion than by Earthly Dominion. For although thou didst formerly Extend thine Empire by many Victories by Sea, and Land, yet is that less which was by warlike prowess subdued, than what is by Christian peace subjected to thee.
(
Leo Serm. 1. in natali Apostolorum Petri & Pauli
:)
And
Prosper
(1
de ingratis) Sedes Roma Petri, quæ pastoralis honoris, Facta caput mundo, quicquid non possidet armis, Religione tenet
In all:
1.
We see the
Papacy, Romes Pontifical head raised above it self
, and
from a
7th.
raised even to an
8th.
head
.
2.
See
the
7th.
head immediately succeeding the next preceeding (the Emperor) to be the Pope
.
3.
That this 7th
head so next succeeding
, to be that
Man of Sin, that Wicked
(So saith the Text, v. 8.)
that he who letteth or hindereth being taken out of the way, then shall that wicked be revealed
(2 Thess. 2. 7,8.)
On which thus St.
Chrysostom:
when the Empire of
Rome
is dissolved or removed,
Antichrist
shall invade that vacant place, and snatch at the Empire both of God and Man
(Chrysostom in 2. Thess. 2. Hom. 4.)
4.
If
the Emperor be removed, and that long since
, and
that man of sin was next following; Therefore must
Antichrist
be already come, and that long since, and is now in the World
.
5.
Therefore who would not conclude the Pope next succeeding the Emperor to be that man of sin, and
Antichrist?
Which will appear yet further in the next circumstance.
IV.
Antichrists actings in the world when appearing, by which he might be known among and above others
: of that we read here (inv. 4. 9.)
He opposing and exalting himself above all that is called God, or that is worshipped. So that he as God sitteth in the Temple of God, shewing himself that he is God, whose coming is after the working of Satan, with all power and signes, and lying wonders
.
These with others mentioned are
signs
given
for Antichrists discovery
; when in the world, which are to be considered particularly.
1.
Antichrist sitting in the Temple of God.
2.
Exalting himself above all called God.
3.
Shewing himself that he is God.
4.
Concerning after the working of Satan.
5.
Shewing himself to be Antichrist, an opposer.
6.
And
in all to be that man of sin, that wicked, that son of perdition.
Some may think the Pope not concerned in these; but what if he be? what if these taken together are all to be found in him; and in him alone, and in none other? then surely will appear,
This man of sin, this Antichrist who he is
.
I.
As to Antichrist
sitting in the Temple of God
: of that I have spoken; his
sitting
there speaks him as
chief
there, which being by the Pope challenged, and asserted by his, as his propriety, of that needs no more to be spoken, the
Popes
so acting; and he alone, and no other in the world beside him.
II.
As to his exalting himself above all called God.
And who are they that are called Gods? This is in Scripture said of
Princes and Magistrates, I have said that ye are Gods, but ye shall dye like men (Psal.
82.6,7.) they are but
called Gods
, not so indeed, for they
dy like men
, and that
I have said ye are Gods
, shewes their
Title
to that their high name of
Gods
, that it is,
from God, who saith it so of them, that is, from his word; he calleth them Gods to whom the word of God came (John
10.34,35,36.)
that is, by God commissioned
and
ordained (Romans
13.12.) standing in his place, and so, to be subjected to, according to their degrees in Government, whether
to the King as supream
, or
unto Governours under him
(1 Pet. 2.13,14) and
from this subjection are none exempted; let every soul be subject &c. The Apostles were not exempted, nor is the
Pope:
This God Commands; yet see
in this,
The Pope exalting himself above all called Gods
, even Emperors as vassals to him, causing them to
hold his Stirrup, and Kiss his feet; Celestine 3. crowned the Emperor, Hen: 3. with his toe; Popes also setting their feet on the necks of Emperors
, as did Pope
Adrian
4.
and Alexander.
3. Also
disposing
crowns, and deposing, and advancing
at pleasure; which by
Aventinus
is said of the
Popes from Gregory
7th.
to his time
Avent. annal. Boyor l. 5. p. 447.
Hildebrand who is Gregory
7th,
first founded the Papal Empire, which his successors for 450 years carryed on, notwithstanding the oppositions of the world, and Emperors resisting, so as high and low were brought under and subjected to their yoke; According to their will they cast down from heaven to hell, and exalt from hell to Heaven again
.
And what in this they practise they avow as due and proper to them, and to them alone; of which therefore I need say no more.
In the Pope therefore, and in him alone, and in none other is this sign of Antichrist found
, that
he exalteth himself above all called Gods
.
III. It followeth,
His sitting in the Temple of God, shewing himself that he is God:
Tu es alter Deus in terra
, Thou art another God upon earth
. was the speech of
Christophorus Marcellus
in the very
Council of Lateran
to Pope
Julius
2. the Pope himself being present, (Concil. Lateran. Sess. 4.)
And in the Gloss on the Canon Law he is called
our Lord God the Pope
Extra. Joh. 22. deverb. signif. cap. cum inter
.
And whereas the word
God
, (so said of the
Pope
) was by some thought too much, and in some
Editions
omitted, we find
the censure of the Gloss
by Pope
Pius
5; and the
Gloss of the Canon Law revised by Cardinals and learned men deputed for it by Pope Gregory
13. in both, the word
God
before omitted, to have been restored and put in again, and that by
the Popes allowance
: now it being what was,
our Lord God the Pope
.
Nor can it be otherwise intended, but that the Pope should be so esteemed, while they stick not to ascribe to
him Attributes proper to God, as Omnipotence
and
Infiniteness. The Pope
(say they)
may do whatsoever God doth; nor can it be known what the Pope can do, for the power of the Pope is infinite, and what is infinite is not known
;
Antonin. p.3.t. cp. 22.5. [sect]. 6.
and what the Pope doth is reputed as done of God, for what the Pope doth, he doth as God, not as man
.
Decius in cap. Can. de donstit. n
16.
Which the
Popes Omnipotence
is by them averred by
Scripture
; all
Power in Heaven and Earth is given me
; which was said by
Christ of himself. (Mat.
28.8.) and that is said of the Pope also; that Power of Christ being challenged by the Pope his Vicar; nor that as to
Heaven
, and
earth
only, but (beside their Purgatory) even to
Hell also
; so as his power seems to extend so far as to
deliver from Hell
(whence is no redemption) and to
forbid and command, when they please, and whom they think fit to
be kept from thence,
Bulla
Cle.6.
Nolumus
-- We declare it our pleasure, that the Punishment of Hell be not inflicted on such as are signed by the cross
(those imployed by the Pope on his business.)
And as
Omnipotence
and
Infiniteness, Gods attributes
, are
attributed to the Pope
; so is
Adoration also
, which
God challengeth as proper to him self onely.
I am the Lord, that is my Name, and my Glory will I not give to another, neither my praise to graven Images
: God speaking of
his Worship (Is.
42.8.)
He only is to be served
, or worshipped (Math. 4.10.) but to the Pope are Religious adorations given in a most solemn manner, while
the new elected Pope is placed on an Altar
: and there seated in his Chair, with his Crown, and in his Pontificalibus, adored by all present Cardinals, Ambassadours of Princes, and all of all degrees descending from their places, and
with prostrations worshipping him
Lib. cerem. I. [sect]. I. fol.
16.
And is not this
a sitting in the Temple of God, as God, shewing himself that he is God
?
IV Further, a
mark and sign of that wicked one
is, that his
coming and
Acting,
is after the working of
Satan,
with all power and signs, and lying wonders; and with all deceivableness of unrighteousness in them that Perish, because they received not the love of the truth
, that
they might be saved; for this cause God shall send them strong delusions, that they should believe a Lye
. 2.
Thess.
2.9,10,11.
This (say some) shews
Antichrist to be a Conjurer and Compactor with the devil, and such
(saith they)
was Simon Magus, and he Antichrist
. But
such
we knew were
Popes also
, as (to mention no more)
Sylvester
. 2.
Benedictor
9th.
Gregory
. 7. which I pass at present.
Neither insist I on those
wonders
by these acted, whether
seeming real by Satans working
with them or for them; or that they be
lying wonders
, whether
feigned
, or imposed as true; or
lying, serving for confirming lyes
and untrue doctrines of men; nor speak I of those
ridiculous fables, with which their Legends of Saints are stuffed
, such as may be wondred how learned and prudent men should give credit to them (if they do.) And if they do; it must be surely from
Gods giving them over
, Judicially
to believe a lye; they not receiving the love of the truth
(so is the Text:)
The seat of the beast on which the Angel poured out his vial, and his Kingdom is full of darkness
(
Rev.
16.10.)
But I look on this here rather
as a sign, and mark of Antichrist
by which he should act, and be known in the World, his
Antichristian Church boasting of wonders, making miracles a sign of the true Church, and upbraiding us
with
our want
(they say) of
Miracles
.
To which we say. 1, That
for the first introducing of truth, miracles might be necessary
, but that truth being once received, such miracles were after unnecessary; such were in the
first planting of the Gospel, done by Christ and his Apostles, which we challenge as ours
. But that
truth then delivered to the saints
being received and believed, what now need we more, or any renewed miracles? For,
miracles and wonders
, as tongues, &c.
are for unbelievers, not for them that believe
, (1
Cor.
14.22. and it shews a
novelty in those Popish Doctrines
, that need fresh confirmations, and shewes them
unbelievers
that seek such. But in this is a proper
mark of that Antichristian Church, that and no other sort of professors or People in the world, but
Rome
only and the
Pope,
adhereing so to miracles
.
V. But to proceed,
Another mark of this man of Sin
, by which he is known, is, that he
opposeth himself; that is
, to Christ; therefore called
Antichrist
.
Obj.
But how, can that be said of the
Pope
; he being for
Christ
, and his Vicar:
for him
, and
not against him
?
Resp
: But the word
Antichrist
may signifie both
pro
and
con, for and against
; and both here applicable.
1. For
Christ
;
anti
sometimes signifies
for
, or in
the place and room
of another; so
Archelaus reigned
anti
in
the room of his father Herod (Mat.
2.22.) So
pretends the Pope
to be
for Christ
, in his place and stead, his Vicar on earth.
This is agreable to what we read of
Antichrist, what kind of adversary he is
: not such as is the
Turk, an open and declared enemie to Christ and Christians
; but such
an one as sits in the Temple of God
; professing to be
for Christ
, yet to him an
underhand enemy
; so saith
Anselm: they seem or pretend themselves servants of Christ, and of his Family, when in truth they are the Ministers of Antichrist (in 2 Thess.
2. 2. they therefore who contend earnestly
for the Turks
being
Antichrist
, must be greatly mistaken.
2. And yet while this Antichrist pretends himself
Thus for Christ, and for being his Vicar, see him even then opposing, he that opposeth, is his description 2 Thess. 2. 4. under the name of Christ acting for Antichrist
, as was said of
Gregory
, 7.
who was pointed at as Antichrist
. As hath been shewed out of
Aventinus
.
And to shew the Pope to be this Antichrist
opposing Christ and contrary to him, see him contradicting
and
countermanding Christ's Will and Commands
: I instance only at present in
those Christ's two ordinances, his Word
and
Sacraments
.
1.
His word. We are by Christ our Lord commanded to search the Scriptures, for in them we have eternal Life (John 5. 39.) unto which ye do well that ye take heed, as unto a light shining in a dark place
; saith S. Peter. (2.
Pet.
1.19) and
we find Timothy commended
by St.
Paul
, that
from a child he had known the holy Scriptures, which are able to make wise to salvation, they being profitable for doctrine, for reproof, for correction, for instruction, in righteousness, that the Man of God may be perfect, throughly furnished unto all good works
(2.
Tim.
3.15,16,17.)
Hear now the Pope in this;
search the Scripture
(saith
Christ) do not search them, saith the Pope
; It is
well done that you do it, saith
St. Pet. It is
not well done saith the Pope
; They
are profitable, saith
St. Paul,
they are dangerous saith the Pope. They are a light shining in a dark place
, saith St.
Pet. they are dark saith the Pope
. St. Paul
commends
Timothy
for being from a child acquainted with the Scriptures, they are not for Children, saith the
Pope, And much more of that kind; see him in this
Antichrist opposing Christ his Word and Commands, contradicting and countermanding, And whom in this we should obey, God or man, Judge ye
. Acts 4.19.
2. As to the
Sacrament
of the Lords Supper, our Lord gave the bread broken, a sign of his body broken, and after that the
cup
; the
wine poured out
being his bloud in his death shed for us,
commanding so to do till his coming again
: and as to the
Cup
particularly (foreseeing what would be after by opposers to the contrary) our Lord added in that ministration,
Drink ye all of this
(Math. 26.27.) it being said, that accordingly,
they did all drink of it
, (Mark 14.23.) which,
all to drink
; and
all drinking
, is in the
wine expressed
; and implyed onely in the
bread
. Which Institution and command of Christ our Lord in that, being his
will and testament
left to his Church, is to
be as his last will, observed
to the last, and ought not to be changed in the least, no,
although it had been but mans Testament
onely (Gal. 3.5.) yet
see Christ in that by Antichrist opposed, Take the Bread
, and
also the Cup
(saith Christ)
not so
saith the Pope,
the Cup may be spared
; for Christs
bloud is in his Body by concomitancy
; and taking his Body, ye have by consequence his Bloud: But here it is understood that
his Body is given broken
, and his
Bloud shed
, both setting forth the
Lords death
, and not otherwise; which
countermand
to Christs
command
in that, is with a
non obstante; licet
. Although that Christ and the primitive Church did administer the Sacrament in both Kinds; notwithstanding, is this custom of but one Kind to be held for a law unreproveable
. (so is it ordered in the Council of
Constance
. Sess. 13.) And the
Council of
Trent
after; This Synod being taught by the Holy Ghost; and the custom and Judgment of his Church doth declare and teach that the Laiety and Clergie not celebrating, are not obliged to take the Sacrament of the
Eucharist
under both Kinds, notwithstanding that Christ did institute this Sacrament under both Kinds, and so gave it to his Apostles
(Concil. Trident sess. 21. c. 1.)
And
is not the Pope in this an Antichrist? to Christ an opposer? he that opposeth
? Text v. 4.
VI. Rightly therefore is
this that man of Sin
, that
wicked
here intended, which is his next mark here: and how
agreeing
to the Pope, notwithstanding his
Holiness
, remains now to be shewed.
1. And that the
Pope
is
that Man of Sin
, and
wicked exceedingly
, even above others, appeareth in his
mouth of Blasphemy
; though
looking like a Lamb
, or
like Christ the Lamb
, yet
speaking as a Dragon
, Rev. 13.11. or as that Dragon the
Devil
; what else is that his
shewing himself as God, exalting himself above all called God
, &c. before mentioned? what other is his
Antichristian Commanding and opposing contrary to Christs will and Commands
?
2. And as
speaking like a
Dragon, so
acting also like him
in all
cruelty, drunk with the bloud of Saints and Martyrs of Jesus
; particularly
of the Waldenses, Albigenses, and others
, long before
Luthers
opposing Popish Errours, and with their lives witnessing for the truth against Popery. There are extant accounts of
above one hundred thousand of them
(that number is by some doubled) suffering by the Tyranny and cruelty of Pope
Innocent
. 3.
Vergerius
also, well acquainted with the method and actings of the
Inquisition
, speaks of
one hundred and fifty thousand
in less than 30 years so suffering.
And from the first rising of the
Jesuites
, to the year 1580, about 30 years, are about
fourscore and ten thousand
Protestants said to have been destroyed.
In
France
alone,
in the Massacre of
Paris
and elsewhere,
an.
1532. The
French
Kings Letters to the Pope, glorieth of 70
thousand
(he said) Hereticks slain in few days; but to the lasting shame of Popish cruelty and perfidy to Generations.
And can the
bloudy butcheries of poor Protestants by the cruel
Irish
in
Ireland be in this forgotten, when about
one hundred thousand
perished
anno
1641? yet to that Impudence is that now risen, as to disavow any such Rebellion of the
Irish, or such their murders of the innocent Protestants in
Ireland;
but daring to averr on the contrary, that they themselves were the sufferers, and that by the
English
and Protestants
: Of which, if there shall be opportunity offered by an answer to this subject, which is expected, this shall be then verified to the World.
And if the
Invasion,
anno.
1588. or the
horrid Gunpowder-Treason, Nov.
5. 1605. had taken effect, more of their cruelty would have appeared.
Such is that
Antichristian cruelty
; and that yet worse, in its being grounded on their very
Doctrine, Religion, and Faith
; they being taught, that they ought so to do: thereby
thinking that they do God service
(John 16. 2.) and
that to themselves also
, in so acting
Meritoriously
.
Which
Bloud-thirsty cruelty against the Worshippers of Christ
, sticks as
a distinguishing mark of this Romish and Babylonian Antichrist, in being drunk with the bloud of the Saints, and Martyrs of Jesus
. Which is peculiar to those alone, not to be found in any other party of the Christian World beside. In that is this
a man of sin
above others, and
wicked exceedingly
.
3. Add that
the being a man of sin
, is as it were fixed to
the very Papacy it self, so as even its very Office, incapacitates to Goodness
. They cannot do good if they would, in reforming what they are convinced is evil.
Adrian
6. Convinced of the Corruptions objected by the
Germans
to the Court of
Rome
, and resolving to reform, at least in part, and in some; and declaring himself for it, was by
Franciscus Soderinus
, Cardinal of
Preneste
, called Cardinal of
Volaterra
, diverted from attempting any thing in that kind, but directed rather to the ways of his Predecessors, with Fire and Sword to prosecute those, who objected those Errours to the Court. His Oration to the Pope to that purpose is extant.
On which,
Pope Adrian
discoursing after, privately, with
William Excourt
, whom he after created Cardinal; and
Theodorick Hesius
, his familiar and trusty Friend, said,
That the condition of Popes was miserable, seeing it was plain that they could not do good, though they desired and endeavoured to do it
.
Piatro. Suav. Polon Histo. Tr.
p. 24.
Which agrees with what
Onuphrius
writes of Pope
Marcellus
2. who on something a like debate with his Cardinals, and they dissenting from what the Pope proposed for good, he
striking the Table with his hand, said,
I see not how those can be saved, who are in this high place in which I am.
Platina
also writes of Pope
Celestinus
5. that he deposed himself, and gave up the Papacy,
Ut salvus esse possit
,
that he might be saved
; which was said to have been cunningly suggested to him, as by a voice from Heaven by the Artifice of
Benedictus Cajetanus
, who thereby made way for succeeding him as Pope, by the name of
Bonifacius
8.
Plat. in
Vit. Celest.
5. & and Bonifac.
8.
Also
Pius V.
Cùm essem Religiosus sperabam benè de salute animæ meæ; Cardinalis factus extimui; nunc Pointifex creatus penè despero.
Concil. e Gegist. com. in Num. II.II
4. And lastly, As to
Holiness
, which is
the Popes Title, let no man think of finding Holiness among them; For if they prove but indifferent good, or not so evil as other mortals use to be, they are accounted most holy
, saith
Papirius Massonus
(
De Episc. Urbis
1. 6.
in Julio
3.)
To which add what Sir
Edwin Sands
observes of a Proverb in
Italy
, (and proverbs founded on observation, have a strange tendency to truth) That
of the
Italians,
the
Romans
are the worst Christians; of the
Romans
the worst are made Priests, of the Priests the worst chosen Cardinals, and of Cardinals the worst commonly elected
Popes. (
Spec. Europæ
.
)
In which we see him, as
Antichrist
, so a
man of sin also
.
The summe of all is,
I.
That what that
great
City
Babylon
of the
Chaldeans
was, as to
oppression
and
cruelty
, to Gods people of old (
Jer
. 51.34,35.) That should be to the Christian Church, another
great City
called also
in a Mystery
Babylon
the mother of the Abominations of the Earth, drunk with the Bloud of the Saints and Martyrs of Jesus
. (Rev. 17.5,6.)
II.
That
this great
City Babylon, described
a woman sitting on 7 mountains, and reigning over the Kings of the Earth
(Rev. 17.9,18.) is acknowledged to be
Rome
. They therefore who send us to
Jerusalem
, or
Constantinople
for the
place
, put us out of the way in that enquiry.
III.
That in
Rome
, should sit one,
by whom (after the Faith there settled
) the
inhabitants of the earth should be seduced
, and
drawn into damnable Heresies
: and that he the authour of those miseries and mischiefs to the Church, should be
a man of sin
commonly called
Antichrist
. This the
Romanists
themselves acknowledge.
IV.
That in so doing, this
Antichrist
should
sit in the Temple of God
, as being
of the Church
, and
over the Church in chief, pretending for Christ
, he the while
acting against Christ
. A seeming friend, but secret enemy; a secret, not an open, declared and professed enemy to Christ and his followers. Therefore cannot this be the
Turk
, or any such.
V.
That this Antichrist,
sitting in the Temple of God
, should be in the capacity of a
seventh head of the Government of
Rome,
next succeeding
the sixth head or Government there, (
that of
Cæsars) This brings it home to the
Papacy
, That and none other
being the 7th.
and that also long since on the Emperours removal setled. Vain therefore are allegations for any others being this Antichrist, not being of
Rome
, nor there so qualified.
VI.
That the Pope sitteth in the
Temple of God, as God, shewing himself there as God, and exalted above all that is called God, and worshipped
.
VII.
Here is to be added what is (in
Rev.
17.3,4.) said of
that woman, that great City
, and
Babylon
: That she did sit on a
scarlet coloured
Beast: and
that she (the woman) was
arrayed in purple and scarlet colour, and decked with Gold. In which she is described as to her very
Habit
; the
proper attire both of Popes and Cardinals
.
VIII.
Nor is to be omitted, what is (
Rev.
17.5.) said in a way of further description of that
woman
; that
upon her forehead was a
name
written
, Mystery,
Babylon
the great, the mother of harlots, and Abominations of the Earth. Concerning which is
observed
, that as the
High Priest
under the Law, had in the Front
his Miter engraven
, HOLINESS TO THE LORD (
Exod
. 29.36,37.) So the
summus Pontifex
, the
Pope
, had also in his
Tiara
, that name,
Mystery
. Which having been observed and objected by King
James
of blessed memory, in that his Excellent Work on the
Revelation, Lessius
, his Antagonist, denies it not, but labours to put it off slidingly: nor could it be denied, there being many
Eye-witnesses
to averre it
Down. de Antichr. l.
I. c. 7. which his
name
of
mystery
, well agrees with that
mystery of iniquity
, by which his evil and secret workings are described, (2
Thess.
2.7.) one (not unlikely) referring to the other. But from God it is (surely)
providentially
, that that word
mystery
should so be seen
in the whores forehead, shewing who she is
; notwithstanding that they who contrived it, might have had other ends in it; as that the
Popes Triple Crown
, pointed to that
mystery
of his
Triple power and dominion
in
Heaven
, and in
Earth
, and in
Purgatory
.
So as in the
Papacy
concur all these
Scripture-marks of Antichrist
, And although some may be applicable otherwise, yet are the principal proper to the Pope alone; and taken altogether, not meeting in any other but in the
Pope
only. Therefore on the whole, who would not conclude
the Popes being Antichrist; the man of sin; and son of Perdition
.
II. By which last, His being said to be a
Son of perdition
, I am brought from Antichrists Rise, to
the last consideration
here concerning him,
Antichrists down fall
, which follows on the other necessarily; for if he
be a man of sin
, he must
be a son of perdition
.
Of this his fall it is here said,
that the Lord shall consume him with the spirit of his mouth, and shall destroy him with the brightness of his comeing
(v. 8.)
that they all might be damned who believe not the truth
. (v. 12.) where is distruction
1.
To him
.
2.
and to his
1. To
himself
1.
His being
consumed
2.
Destroyed
1. That
he consumed by the breath of the Lords mouth
; The
breath of the Lords mouth
is the
preaching of the Gospel
which is
the word of God
so Generally interpreted; And to be
consumed
implyes a
lingring wearing away
, and by degrees wasting, and decaying; not a violent and suddain destruction, such as was
Simon-Magus his down-fall
, said to have been
on St. Peters breath
or prayers against him.
Of this Consumption
of the Papal
power and greatness by the
preaching of the word and Gospel in the world
, we have apparent evidence. I shall give it as by
Bellarmine
expressed, he by that
waining in the Papacy
, arguing,
against the Popes being Antichrist
, Antichrists greatness and prevailings in the World, being much spoken of, whereas his
fall
and
declining state
, is also described as
is
his greatness.
Bellarmines
words are these:
Since that time when ye
(Protestants)
say the Pope began to be Antichrist, the Papal Empire was so far from increasing, that thenceforth it every day more and more declined, And (as you would have it) Antichrist reigning, the Roman See hath by little and little decayed, it having lost almost all Africa, a great part of Asia; all Greece and even in our very days a great part of Germany, Sweden, Gothland, Norwey, and all Denmark, A good part of England, France, Helvetia, Poland, Bohemia, and part of Hungary are fallen away.
(Bellarm.
de Rom. Pontif.
1. 3. c. 21.) This way by
Bellarmine
written
an
. 1577, as appears in the Preface to that work, so as that decay in the Papal Empire was then within the space of 60
years
, accounting from the year 1517, the time of
Luthers
Preaching (of which he speaks)
declaring the Pope to be Antichrist
: What then may be the
consumption
and decay there at this time, being 150
years since
?
2. But that
Consumption
of this
son of Perdition
, shall end also in
destruction
, utter and irrecoverable:
whom the Lord shall destroy with the brightness of his coming
.
See this
Rev.
17, where the
ten horns
of that
scarlet coloured beast, on which that woman
Rome
sitteth
, are expounded,
ten Kings
which had
not then received their Kingdom, but were to receive power as Kings one hour with the Beast
(v. 12.) These were states of the Western Empire, which on the decay of the Empire did setup for themselves, all with one mind
giving their power and strength unto the beast, and making war with the Lamb, who shall overcome them
(v. 14.) But those
ten horns shall hate the whore, and make her desolate and naked, and shall eat her flesh and burn her with Fire
(v. 16.)
For God hath put in their hearts to fulfill his Will, and to agree and give their Kingdom unto the Beast, till the word of God should be fulfilled
(v. 17.)
Which
fall of Antichrist
in several degrees is declared by
several Angels
in that imployed.
1.
An
Angel preaching the everlasting Gospel (Rev.
14.6, the beginning of Antichrists fall, and gradual consumption.
2.
Another Angel
declaring the
downfall
of that
Antichristian state. (Rev.
14.8.)
3.
An
Angel
forbidding
the worshipping the beast or his image, and receiving his mark
in his
forehead, or in his hand, denouncing judgments on such (Rev.
14.9,10,11.)
4.
An
Angel
calling out of
Babylon
, and to separate from her,
not to partake of her sins and plagues, (Rev.
18.4,6.)
5.
And another
Angel
giving a
sign
of
irrecoverable destruction
, by
casting as it were a milstone into the Sea, saying, Thus with violence shall that great City
Babylon
be thrown down, and shall be found no more at all, (Rev.
18.21.)
Thus of
Babylon, Rome
, and
Antichrist's fall, as to it self considered
.
II. See that also as to their
Adherents
, in which our charitable thoughts of them have been by wrong measures mistaken to some disadvantage: that which we say in that, is:
1. That there was a time when Antichristianism was a
mystery
, not understood, Antichrist not being yet so declared as after.
2. And that after Antichrist was pointed at in the Church of
Rome
, yet while erroneous doctrines there were but disputable, not imposed, as after in the Council of
Trent
, to be
de fide
, with an
Anathema
to such as thought of them otherwise, and to such as did not understand the reach and depth of those evils; and where the light of the Gospel is shut out, as in some places, and the knowledge of that denied, and persecuted. For these,
is our charity grounded
, to say well of them, as of those of
Thyatira
, who had not known the depths of
Satan, as they speak (Rev.
2.24.) and those of
Pergamus, dwelling even where Satan's seat is
; yet (saith our Lord)
thou hast held fast my name, and hast not denied my Faith, even in those dayes wherein
Antipas
my faithful Martyr was slain among them where Satan dwelleth
(v. 12.) To be among
Hereticks, and not to believe Hereticks
, or not being led by them, is St.
Augustine's
distinction in that case; such ignorance may excuse.
But as to ignorance affected, having Light, and means of knowledge, and when called on to come out of
Babylon
, its ruine being declared, and communion there declared perillous; To such we say, that their continuing so in that state, is hazardous and full of danger: Nor can such rely on ignorance, it not in that case excusing. For in
this is condemnation, where light is come; and men love darkness rather than light (John
3.19.) and where the
leaders of the People cause to err, they that are led of them are destroyed (Is.
9.16.) and
the blind by them so led; both fall into the Ditch. (Math.
15.14.)
4. But as to those
who are knowing
and who
defend and plead for Baal, seducing, and being seduced
, and
so continuing
, the state of such is declared
damnable; that they all may be damned, saith the
Text who
believe not the truth but have pleasure in unrighteousness
(v. 12.) and to such belongs that evil by the Angel declared,
if any man worship the beast and his image, and receive his Mark in his forehead, or in his hand, the same shall drink of the Wine of the wrath of God, which is poured out without mixture into the Cup of his indignation, and he shall be tormented
&c.
Rev.
14.9,11. let such consider their State seriously and seasonably.
And now to conclude with a word
to our selves
, that as
we are to bless God for calling us out of that Sate of evil
, so to be
confirmed in the truth
, and not to
fall back
, whatever
the Temptation be, good, or evil, saving life, or loosing it
; and that we desire
the Lords grace in that for help and support
.
All which I shall shut up in the words of the Apostle, next after my Text (v. 13,14,15,16,17.)
We are bound to give thanks alway to God for you, brethren, beloved of the Lord, because God hath from the beginning chosen you to salvation, through sanctification of the Spirit, and beliefe of the truth whereunto he hath called you by our Gospel to the obtaining of the glory of our Lord Jesus Christ: Therefore, brethren, stand fast, and hold the traditions which ye have been taught, whether by word or by our Epistle: Now our Lord Jesus Christ himself, and God even our Father, who hath loved us, and given us everlasting consolation, and good hope through Grace, comfort your hearts, and stablish you in every good word and work
: Amen.
FINIS.
AN OLD WAY OF ENDING
NEW CONTROVERSIES
; IN A SERMON PREACHED To the
COMPTROLLER
, and the rest of the Gentlemen of the Honourable Society of the
Inner-Temple
: On
Sunday
the 8th of
January
1681/2. and at their special Desire Printed.
By
THOMAS PITTIS
, D. D. one of His Majesties Chaplains in Ordinary.
Quisquis ab Ecclesiâ segregatus adulteræ jungitur, à promissis Ecclesiæ separatur.
Cypr.
De Unitat. Eccles, Cath.
Pag. 181.
Ameinon para Idiōtou t'alēthes, ē para sophistou to pseudos mathein
Isidor.
Pelusiot. Epist. Lib. 4. Epist.
67.
LONDON
, Printed by
J. R.
for
Joanna Brome
at the
Gun
on the West-End of St.
Paul
's Church-Yard, 1682.
To the Honourable the
Comptroller,
and the rest of the
Society
of the
INNER TEMPLE.
Gentlemen,
THat I expose an accidental
Sermon
to the world, who have alwaies been so shie and wary; is only from the force of your command, delivered to me with that usual state (though complement too) which became men who at the time of preaching it had the Government of their house in their own hands. I owe much excuse to the world but cannot reasonably owe any to you, because your Judgment upon it justified the Discourse; and your Authority enjoyn'd me to deliver up the Copy. I was the more encouraged to do it, because I heard you had made a Loyal Address to the King; with which, I hope the
Sermon
doth not interfere. If you, or others may receive Advantage by the Perusal, I care not whether it please the Multitude or no; (for Physick is not acceptable to the Patient) but shall rest satisfied that I have observed your Commands: and that a Learned Body of Ingenious and Gentile Men are engag'd to defend it, whilst I remain,
Gentlemen, Your most Obliged, and most Obedient Servant,
THO. PITTIS.
Jan.
13. 1682.
1 John 2. 24. former part.
Let that therefore abide in you which ye have heard from the beginning.
AMongst all those various broods of Sects that ignorance and wilfulness have spawned in the World, there is none but is covetous that Antiquity should Patronize it; never decrying its venerable Testimony, nor fearing its oraculous Answers, but when they distrust its votes opposite to their present espousals; Gray hairs being as well the Glory of an Opinion, as the Crown of the Old man. Hence is it that both Nations and Families have had such severe Contests with each other, concerning the time of their first rise, that from thence their Pedegree may appear Ancient, and they might gain renown from the date of their Original. And as in Persons and Opinions, so in things too,
quo antiquius eò melius
, by how much the more Ancient a thing is, by so much the more is it prized and valued by those that covet a strict inspection into the Periods that did preceed their own, who measure the proportions of an infant World, and thus antedate their own Beings: How precious is a Script of
Trismegistus
? Or the least Workmanship of an inspired
Bezaleel
? The smallest Leaf of
Solomon's
Herbal would be deemed a Present Noble enough for the greatest Monarch; How do we prize an old piece of
Roman
Coin? Or an antiquated
Grecian
Monument? Nor is this a Truth receiving a general impress and confirmation, in respect of Artificial and Philosophical Objects; but even Divinity too, having for its Author the Ancient of Days, values that which carries Age furrowed in its Face, and has Gravity and Years visible on its Brow: And nothing seems more to asperse and disparage whatever wears the Title of Religion than to accuse it of Novity, and to bear the date of a late Inven tion: Hence
Haman
endeavoured from this Topick to brand the
Jews
, in that they used other Customs different from the ancient Laws of the
Persians
, that their Novelty might render them odious to the King, being a crime it seems sufficient to ruin them, when
Mordecai
could not bow to so insulting a Favorite:
Esther 3.
St.
Paul
when he Preached the Gospel at
Athens
, had prejudice raised against the Truth of his Doctrine, by affirming him only to be a setter forth of strange Gods, and introducing new propositions into the World;
Acts 17.
Celsus
when he professedly wrote against the Truth and Divinity of the Christian Institutions, thought he had cast sufficient blemish and contempt upon its Authority, when he had satisfied the World that it was new and unheard of:
Orig.
contra
Celsum
. Lib.
1.
And
Eusebius
assures us that it was a common stratagem, and usual contrivance for the Christian Religion from its first entrance, to be reproached with its strangeness and novelty;
Euseb.
Eccles. Hist. Lib.
1. Cap. 4.
all mankind (as it seems) measuring the truth of things by their Antiquity, and general reception; and if we approach nearer to our own Confines we shall find the two great struglers for the Western Empire of Conscience and Religion, still endeavour to Crown their Opinions with old Age, and to gain both Strength and Honour to their Establishment from time and duration. The
Romans
would have the World to understand that the Pillars of their Church were founded with Christianity, and that our Saviour himself once held those Keys which he afterwards delivered to the Papal Succession. But though they had a firm Foundation, they have built upon it a tottering Superstructure. The Protestant would willingly obliterate the odium of a late Reformation, and will antedate
Luther
and the
German
heats, searching in the midst of a bloody Inquisition; some being willing to Travel to
Bohemia
to derive their Principles from
John Hus
, and
Jerom
of
Prague
, not only sending us to our own
Wiccliffe
, but eating through the Mountains to find out the more Ancient (though obscure)
Waldenses
: others (and that more justly too) as if all this will not yet evince their Prin ciples Aged, will Travel farther to the Churches Cradle, and find out the Manger in which our Saviour himself was laid, and from his Mouth receive their Doctrine, reviving what might seem dead, having for some time been buryed in the dust and rubbish of mens Inventions; and freeing it from those Burdens and Corruptions which a gainful Interest, and bold Presumption had loaded it withal, thus cause that to abide in them which Christians heard from the beginning.
Antiquity then being so powerful a motive to persuade to Religion, that all strive to catch and grasp it; I shall easily prevail for a diligent attention since what I deliver shall be that which has been heard from the beginning.
In which Text we have an Exhortation both Grave and Seasonable; Grave it is, avoiding those levities and varnish which Novices use to wrap their late and uncouth Opinions in, that they may be snatched at with the more greedy Appetite: As Physicians put their bitter Pills in sweet Conserves that the Patient may swallow them with the greater delight: and seasonable was this advice too; since
Simon
, and the
Gnosticks
, did now attempt the murdering Christianity when it was just born; as
Herods
cruelty, drinking in, with an insatiable thirst, the blood of Infants, would have Crucified our Saviour in his Cradle, before Age had given him Strength and Stature, not only to publish his Fathers Message, but even to bear his own Cross. Nay least this accursed, and Antichristian Sect, provoking their desires to unlawful Lusts, detracting from Christianity by an impious and incoherent intermixture of Jewish and Heathen Rites and Practices, with what was now Solemn in its proposal, and Sacred by its establishment, should not be able to impede, or retard, the most glorious flourish of Gospel Truth, and forbid the spreading of the Christian Church, that Noble Vine but newly Planted;
Cerinthus
also now advanced, with all the wild Boars of the Forrest, if possibly, to undermine and root her up, denying the Divinity of its first Author: An Heretick so foul and pol luted, that the blessed Pen-man of my present Text would not come into the same Bath in which the wicked
Cerinthus
washed, least he should be defiled with that water which had touched so filthy and loathsome a Carcass; and the Bath it self, sensible of its own pollution, should immediately fall to make a Grave for its self and possessours.
In the Exhortation then there are three Parts presented to our view
(1.)
A Duty,
Let that therefore abide in you
,
(2.)
Its Object,
Which ye have heard
;
(Lastly)
The Motive and Inducement to the Duty, Because it was
from the beginning
.
I must crave leave to invert the Parts, though it shall make no alteration in the Sence; that first the Object being explained, and the Motive proposed, the Duty may be with the greater facility pressed and embraced. (1.) Then, Let the Object in the Text exhibite it self; and this is nothing but what ye have already heard. As Faith it self is generated by the Ear, so what you have heard is nothing else but the Object of your Faith; for thus does the Apostle conclude the inference;
Faith cometh by Hearing, and Hearing by the Word of God
, (Rom. 10.17.) But as Hearing is the Conduit to convey Faith, so sometimes is it the decoy to infidelity; because there are many false Prophets gone forth into the World; and a seeming truth may make the same impression with truth it self. Nay, our blessed Saviour, that he might not leave us without due Caution, has informed all Ages and Generations, that there shall arise false Christs, and false Prophets; yea! and shall superadd Wonders to their Oratory, not only to amuse the World, but to gain credit and reputation to their Doctrine; insomuch that (if it were possible) they shall prevail to the dismal shaking of the strongest Oakes, and the rooting up the tallest Cedars of
Libanus
; even to the putting a falacy upon the very Elect, (
Matth.
24.24.) The Ear of Man, being the recepticle of all Sounds, no wonder that it admits the founding Brass and tinckling Cymbal, as well as the Trumpets of the Sanctuary.
Simon Magus
may be
as
welcome to the
Sama ritans
, as
Paul
and
Barnabas
to the Disciples at
Antioch
. If a vain-glorious
Herod
has but Confidence enough to make an Oration, though repugnant to the first Principles of Religion, nor wonder that it makes such an impress upon the Multitude, that they give shouts, with the loudest Acclamations, and attribute to him the Wisdom of a Deity, who is scarce endowed with the Prudence of a Man; (
Acts
12.22.) If a mechanick Silversmith, prompted with no other motive than what Avarice and Interest can dictate, shall confidently plead for the Shrines of
Diana
; the clamorous Multitude shall soon cry out,
Great is Diana of the Ephesians
, (
Act.
19.28.) So easily captivated are vulgar Affections, and of so slender a value is popular Applause. The mutable Croud will change their Religion with their Garments, and is of that still which is of the newest fashion. As if
novitas essendi
were the Being of Devotion, and Age were not the Measure of Divinity. As if the newest Stamp were to be deemed alwaies the truest Metal; and the last dictate of a falla cious Understanding were the best object for the Wills embracement: Then indeed our Saviours Argument would be nothing but a Sophism against Pharisaical Devorces;
From the beginning 'twas not so
, (
Matth.
19.8.) nor would the Advice in the Text be solid;
Let that therefore abide in you which ye have heard from the beginning.
But it is not every thing that pleases the Ear that must be closeted and lodged in the Heart, lest Tares being sowed amongst the Corn, they spread, and flourish, and o'er-shadow the Grain: Our Saviour therefore knowing our promptitude to imbibe what might seem pleasant, and to swallow Poyson if wrap'd up in gilded Pills; leaves a grave and severe Caveat,
Take heed what ye hear
, (
Mark.
4.24.) and lest our strict observation of the matter should make us regardless of the manner of performance; St.
Luke
delivers it,
Take heed how you hear
; (
Luke
8.18.)
Eccles. 5.
As well knowing that
too
few look to their Feet when they approach the Sanctuary of the Lord, but are more ready to offer the Sacrifice of Fools, then to hear their Vices redargued as they ought; not allowing themselves so much either of time, or seriousness, as to consider that they do evil. These are such Auditors as St.
Austin
reprehends,
Audientes corporis sensu qui non audiunt cordis assensu
;
Aug.
be bono persever. lib.
2. cap. 14.
who use the Word and Doctrine of the Gospel only as an Ornament to deck the Head, not as a foundation to establish the Heart; that hang it only as a Jewel in the Ear, but reserve it not as a choice treasure to enrich the Soul; whose practice is just opposite to St.
James's
advice, they will not lay apart all filthiness and superfluity of naughtiness, that they may receive with meekness the engrafted Word which is able to save their Souls; (
James
1.21.)
Too
many sooner bow their Ears to what may irritate and provoke their lust; to the frothy discourses of deceitful Tongues; to bold Rants, and jovial Catches; to those lewd Sonnets that are the loose composures of looser brains, which being heated with vice, boil over in scum and filth: men are more attentive to new Oaths, and unheard of Blasphemies; to such as jest, and droll down Religion, that it may no longer interrupt the pleasant wickedness of a degenerated Age; to such as are so hardy as to Lampoon Heaven, and make Satyrs against the Quire above; that would, if either method might prevail, Flout, or Hector, God Almighty from his Throne; whose Language is more exalted than rayling
Rabshekeh's
. These, that are spots in our Feasts of Charity, become the only Persons worthy of Entertainment; their black Language is viewed, and gazed on, as the brightest Oracles; every shrug raises admiration, and a little smile is enough to authorize a great jest: as if these wandering Comets were of more solidity than the fixed Stars; and the Language of Hell to be more diligently attended than the Voice of Heaven. God at once pardon and remedy it. The Ambassadours of the Most High may take up the Lamentation of him that first gave them their Commission.
To whom shall we speak and give warning that they may hear? Behold their Ear is Uncircumcised, and they cannot hearken; Behold the word of the Lord is to them a reproach; they have no delight in it.
(Jer. 6.10.)
Some indeed are much for the Ear; attending to those scandals and reproaches that the envious man will cast upon him whom his malice ruins, or his ambition undermines: others, even in Sacred things, reduce devotion all to the Ear; and when God, principally requires the Heart in Prayer, these will give little else but the Ear in Hearing; being as partial in their Sacrifices towards God, as they are in their Censures towards their Neighbours, as if the Decalogue were now abolished, and the only Command were,
Hear O Israel
. 'Twas the error of the
Euchites
to be always Praying, and 'tis as great an error to be always Hearing: as if the School of our Saviour should not only be enjoyned Biennial silence, but be for ever mute.
Porphyry
indeed, (that great
Blasphemer
, big with malice against the Heavens) when checks of Conscience forced him to speak out something of the results of his own Reason, teacheth us to Sacrifice our Souls to God in silence with Chast thoughts; How Chast men are at those seasons that ought to be attended with Solemnity, and Devotion, it would be presumption in any to judg: but sure I am that they put in practice this sage advice of their Father
Porphyry
, who thus pretend to Worship God in silence: As if he that made the Tongue as well as the Ear, did not require the one to make Oblations of Prayer and Praise, as well as the other to Hear his Word; or he that Created the whole man would be contented with a partial Sacrifice. And now if any one has Ears to hear let him hear; and not only so, but retain also what he has heard; so will the Exhortation in my Text be embraced:
Let that therefore abide in you which ye have heard from the beginning.
Having thus endeavoured to free mankind from such diseases and distempers in Religion; I must now crave leave to attempt the recommendation of our duty; and persuade men to the diligent attention to that Sacred Word, which is able to make us wise unto Salvation, and be greedy to receive it, when not extended in an adulterated hand: For as we cannot hear without a Preacher, so he cannot Preach that is not sent, (
Rom.
10.15.)
Tert.
de præ. Scrip. Hæret.
cap. 41.
Some men are like those large tongued women in
Tertullians
time, who though a person of excellent Language, was yet forced to inveigh against them that being so liberal of their Speech in Private, conjectured they had, if not Rhetorick, and Reason,
yet
words enough, to declame in Publick; whom the Father reprehends in this Prohibition:
Tert.
de virg. velandis.
cap. 9
Non permittitur mulieri in Ecclesiâ loqui, sed nec docere, nec tinguere; nec offerre; nec ullius virilis muneris, nedum sacerdotalis officii, fortem tibi vindicare
: or like those that St.
Austin
complains of, in the second Chapter of his first Book of the
Trinity
, that are
garruli ratiocinatores, elatiores quam capaciores
; that are pratling Disputants, more shrill than rational: How many dismal mourning souls, whose Education never advanced them to any degree above Mechanism, steal away the Priests Office, as
Neanthus
did
Orpheus's
Harps, who thinking to effect the same wonders
Orpheus
did, and make Woods and Trees dance after his melody, played so ill, that the very Dogs, being affrighted at his strange noise, tore him all in pieces. When we hear therefore, we must not throw away our attention upon usurping Schismaticks; whose very Preaching is their Crime, because without a Sacred and Divine Commission; and since giving them Audience is their encouragment, it can no less involve such easie Auditors in a snare and guilt.
And yet, since the Text exhibits something that always has been heard, it does not only imply our duty of attention, but presents us with what we ought to hear; and thats the Gospel; what both the Apostles and Disciples were acquainted with from the beginning: And since, in that Sacred Testimony to our Saviour, there are various Truths which make up its Contexture; those things are first to be heard and received that are in themselves most Fundamental;
Primarium dogma de Christi divinitate
, (says
Justinian
) the chief Doctrine of the Divinity of our Saviour, without which the Foundation being sunk, the whole fabrick must of necessity be demolished: For since his Divinity gives merit to his Passion, by which his temporal punishment bears proportion to an infinite offence; detract from his Deity and you spot his sufferings; and then if he be a Lamb with blemish, though he be slain, he cannot satisfie; and so the series of our Salvation becomes disordered, and our eternal safety undermined.
And now perhaps some wise person might take advantage to exhibite, or adventure at a Catalogue of Fundamentals; and a clamorous Adversary might with as much confidence and triumph demand them; but when we receive a particular of Explicits, we may then attempt a Catalogue of Fundamentals. In the mean time, since Faith is the general condition of the Gospel; and,
He that believeth, and and is baptised, shall be saved
(Mark. 16.16.) Methinks we need disturb our selves no further for Fundamentals, than to define what compleats that one thing, Faith. And though Interest and Opinion have rendered it as different from it self as one mans fancy from another, and we have created almost as many varieties of Faith, not only as there are Nations in the world, but men too; (multitudes dealing by it as
Caligula
did by the Image of
Jupiter Olympiacus
when he took from it its head of Gold, and put upon it an head of Brass;) yet if we will admit the Father of the Faithful: to explain the difficulty, we shall find that the practice of the Patriarch
Abraham
, (who is exhibited as a pattern for Gospel believers;) will give us a prospect of that Faith which had its being from the beginning. And though there are many acts of this ancient Faith presented to our perusal in New Testament Pages, yet there are two comprehensive of all the rest, to wit Belief and Obedience. For when he to whom all things are possible, had promised a branch should sprout forth from this dry Root; and that he would be his shield, and great reward (
Gen.
15.1.)
Abraham
did not question the word of a Deity, who, he knew, was able to controul the world, and alter the power of second Causes according to the pleasure of his own will: but stedfastly assented to the truth of what God had promised; relying on it with Faith and Expectation. And as this Action includes belief of the Promises, so the second prescribes obedience to the Commands; and it was that work which St.
James
says justified him, even the offering up his Son
Isaac
upon the Altar (
Jam.
2.21.) So that to sum up the whole Gospel in one word, that you may here have presented in an Epitome, what I humbly beg may abide in you: He that believes the Promises, so as to obey the Precepts; that accepts his Saviour as a King to rule, and a Prophet to teach, as well as a Priest to make attonement; and, consequently, submits to the authority of his Laws, and to the conduct of his Ministry and Discipline; that relies upon the merits of his Cross, and persues the steps of his vertuous Life, in order to the securing his eternal Safety: He is the Person who retains what he has already heard; and he need not fear any deceiptfull Imposition, since he embraces that which was from the beginning. Which minds me of the Motive here proposed, to fortifie our resolutions, that what we have heard may abide in us, since it is no more than what was delivered from the beginning.
In Philosophical Propositions we usually deem those most certain that later experiments prove, and evince: but, in Divine Truths, those are best that were from the beginning. Time, which is in a continued flux, being in this like the swiftest Torrents, that carry down to us what is light and frothy; but sink that which is grave and ponderous: and indeed Reason, which is the result of our nobler part, if not disturbed by passion or interest, is the surest guide in the midst of perplexities; and this does, upon the first prospect of Religion, lead us to that which was from the beginning. And Christianity being that which pretends to be first begotten in Heaven, though brought forth here on Earth, owning not less than a God for its Author, whose great propositions are made up of Eternal Truths; and since the Apostles were inspired to a compleat delivery of what was at first Preached by our Saviour, the same Doctrine, by a continued succession, having been derived and conveyed to Posterity; it follows, by an inevitable conclusion, that the surest way, for us, to whom these Principles are exhibited, when any Objection, or different Opinion, presents it self, to startle our apprehensions; is to persue the first Rule, and follow that which was delivered from the beginning.
But since the various subdivisions of those that intitle themselves to the names of Christians, pretend to those infallible Maxims treasured up in the Sacred Book; there must be left a Judg of Controversies; or else there will remain no way of freedom from present disturbances, or certain method of reducing those who, being too fond of their own fancies, resolutely adhere to their private Opinions, to the detriment of Christianity, and ruin of themselves, and the obstruction of Peace and Unity in the world. The Doctrine of the Gospel, although certain in it self, being conveyed to us in Words and Language which may admit of different Constructions, suitable either to the use of words, or the apprehensions of men, cannot, (without such a judgment upon it as may oblige the various extravagancies of mankind to silence, and a passive submission, whatever may be their internal belief;) be sufficient Clue to lead us out of these Labyrinths: Though had the multitude of its Followers justly measured and proportioned Understandings, rightly to discern the Fruits wrapped in those Leaves, it must appear to every man, the best, and only Conductor in the world. But, because every person usurps Authority to interpret, and every Illiterate and Enthusiastical head, if he has not reason to confirm his Gloss, has confidence however to pretend an Inspiration; necessity inforces us to seek some method to quiet our minds, and to allay the briskness of our own fancies, and those heats and fury, that our warmer contrivances introduce into the world: that so we may arrive at such certainty as is possible to be obtained, of what was heard from the beginning.
And though I shall not attempt the leading any to St.
Peters
Chair, nor beg that
Rome
may be the place of Umpire; because there is no need of fetching water from
Tiber
when we have clear Fountains at our own doors: yet reason must force this confession, that since it is not the letter, but the sence, of Scripture that is the proper Guide of life; there must be allowed some Interpretation, since our demands to one another may be the same with the Eunuch to St.
Philip
, how shall we Read without some Interpreter? And then the last question will be who are those that are most likely to exhibit to us the exact design of Scripture Phrase, and the infallible Rule that leads to Life?
To produce therefore some conclusions touching this controverted, and difficult, Question; Those must certainly best inform one of the meaning of a Sermon, that have had the most familiar acquaintance with the Preacher; Capacities also to apprehend, and Fidelity to deliver what they have received from the mouth of the Orator: upon which proposition those per sons, that seem most rational, attempt the proof of the Apostles Writings that are but the first Commentaries upon that Gospel which our Saviour Preached and Ushered into the World. From hence (secondly) it follows that the persons who were the immediate Disciples to those Holy Penmen of Sacred Writ, having the advantages of Converse, and the benefit of Audience, must of necessity be the fittest Judges of what is Controverted in matter of our Religion, which we pretend to derive from their Books and Writings: and there seems to remain nothing to be doubted, but either their Capacities to receive, or their Faithfulness to deliver, what they heard from the beginning. Their Capacities and Parts their Writings publish; their Integrity and Honesty their Lives declared; neither had they either reason, or advantage thus to cheat, or impose upon, the world. And therefore those Writers, who lived in the first Ages of Christianity, are first to be believed; that in difficulties and straits we are to have recourse unto; and consequently the later to be less confided in, as having met with greater and more subtile opposition, and therefore subject to more intermixtures of heat and passion; and like Rivers, the further off the Fountain, the less do they retain of their first purity, and the greater mingling of different waters. As the nearer we are to the Fountain therefore, the clearer will the Stream be; so the nearer we Travel to that which was heard from the beginning, the more certain and infallible will our Guide and Rule be. But because the reports and sayings of Fathers are like melted Wax that receives the Image suitable to the Seal which makes the impression; and persons of divers Churches, and Persuasions, deal with their Sentences, as young Sophisters with a Text of
Aristotle
, by a distinction, or a figure, force them to countenance the various Sentiments of their disturbed minds: If we rest here, we shall still be as far from the end of Controversie, as the Controversie from the beginning of Truth. To proceed further then, by the assistance of those means our Reason dictates, together with prayers and humility of mind, to the investigation of what we are to rest in, as that which was from the beginning. A General Council would quickly determine it, did not an Empire now Cantonized; the opposite Interest of Princes among themselves; diversity of Factions sprung up among their Subjects; the great Prejudices that are in the world; and above all, over grown Popery, clearly obstruct its Justice and Freedom; and I might say, its Possibility too. As every Episcopal Church, therefore, was Planted, at the first, Independent of another; yet, to preserve a Church Catholic upon Earth, admitting an Universal Union, Correspondence, Advice; and, by consent, an Obligation upon particulars, by Authority from the whole. Every particular Episcopal Church had a power of Discipline as well as Doctrine, committed to her trust and managery; the first Planters conveying downward, through a Sacred and uninterupted Succession, their Authority and Jurisdiction to this Age, and this Church, to which we now pretend a Relation. In Controversie and difference (as the Case now stands with us) there can be no Example, or Rule, or more Rational Pattern, or Guide of Action, than that of the Primitive Planters of the Gospel; which is, that the Inferior be regulated by the Advice and Authority of the Superior, and all submit to the reasonable resolution of a National Council. Thus when the great dispute about Circumcision was raised at
Antioch
, the Metropolis of
Syria
, they Appealed to
Jerusalem
, to which
Antioch
was subjected, being a place of Superior Jurisdiction; and the determination of the Bishops of
Judea
, with
Paul
and
Barnabas
, Representatives of
Antioch
, fully silenced any farther Dispute, and was the infallible sentence in which they acquiesced.
Acts
15.
But now, let not any men wonder that I call the Sentences of such Councils Infallible; since 'tis only using a Popish word, to express Protestant sence, to our selves, which overthrows the
Roman
claims over us. For this being applied to our Councils here; our Church neither erring in Fundamentals, nor pretending to usurp upon the Natural Priviledg of mankind to judge for themselves as far as they are capable; but only assists and helps their Understanding in what they are deficient for want of Education; creating no New Articles of Faith: nay imposing nothing on the belief of any, but what the Scriptures have Authorized before; and Ordaining nothing by its own power, but a limitation of the outward actions of men: its decrees in things that are thus the subject of human Laws, are either to be actually obeyed, or not publickly or tumultuosly contradicted. And this is what I intend to be the sence of the Infallible Sentence of a National Council, without which, Controversie can never be ended, no Legislative Authority maintained, nor Peace and Order remain among us. For want of this moderate and sober apprehension of things, men make themselves lyable to those Penalties of Laws which good natured Magistrates so unwillingly inflict, and well meaning Christians pity, and at the same time admire the Confidence of those who are so hardy, and willing to deserve them; especially when they consider, also, that the same persons can be tamely silent, in Forain Countries where Principles of Religion more severely contradict the Sentiments of their minds.
'Tis true, indeed, a Council may err, unless they could put off their manhood, or to every decree have a fresh Inspiration, or receive a Divine Testimony from Heaven; and yet it is to us Infallible; (
i.e.
) to silence our open Disputes against it, and to be the Rule for our External Obedience. For frail men cannot possibly proceed farther in the searching out Divine Truths, than in the means, and way to find out the Revelation; and to understand it when it is found; leaving other indifferent things to the determination of those who have Authority over us: and those means that I have mentioned seeming to be all that Reason and Discourse, when not disturb'd by Lunacy or Enthusiasm, are able to propose; and since the only Evidence we have to prove the objects of sense against the bold denial of a confident
Sceptick
, is to call in many, against the obstinacy of one, to give Testimony to what we see, or hear; and so to decide the difference betwixt us: If I err with submission to that Authority which I find the ultimate mean to determine, my Crime, certainly, will not be so great, but a pardon will as necessarily attend it; since the most gracious God does not require my action to be beyond the Sphere of my capacity; nor my apprehensions to exceed the Powers of my being. But the Authority of Councils, as hitherto stated, may seem too naked to be submitted to; and yet we observed in the first times, a ready obedience to their decrees, when backed by no Secular Power: If therefore they were obliging then, they engage us by another addition, and are strengthened by a Civil Sanction. For as, when the Emperors became Christians; what was before Established by our Saviour and his Apostles, and asserted by Pious Bishops, and Divines Congregated for that purpose, and drawn into Sacred Canons, or Rules, received a Sanction from the Legislative Power resident on Earth; and were so embodyed with Imperial Laws, that the Magistrate was
Custos utriusque Tabulæ
: so the Protestant Church, among our selves, has its Foundations, in the Word of God, (derived downward from prime Antiquity) so inlaid with the Temporal Laws of our own Kingdom, that the one cannot be invaded with Triumph, but the other nods; nay totters, till it falls into inevitable ruine; and we need not a new Experiment to shew it. This every one, at length, believes, that is not, by being engaged in past mischiefs, an enemy to both, and like
Cataline
, resolved on future evils to justifie, or secure, those that are past. But they, more distinctly, are acquainted with this, who are Learned in the Laws, than we, who being Divines, are willingly supposed ignorant of them. Yet this seems to be the great Reason why such as design to invade the Crown, make a pass at the Miter first, because the Church is a Guard to the Palace, as well as the Palace a defence to the Church. Till this therefore be wounded, or removed, the disturbers of the Peace of both, cannot, in probability, ascend the Throne, nor place a Duke of
Venice
there.
But, to return from this digression; a National Council ought more especially to determine the Controversies among us, so as to oblige us to Peace, because their Decrees are our own Acts, having chosen the persons who represent us in it. Yet to silence doubts, and scruples, about this matter: whatever regard we may all have to tender Consciences, that are not raw; the different thoughts of Worship among us, being such as produce squabble and contentions, these, for our necessary ease and pleasure, dividing us into separated Clans; and these making us fit for Conspiracy, which, without any more Devils than our selves, may advance it self into an actual Rebellion: And when various, and severe Contests about Religion have openly distinguished men from each other, till they are hardly able to know themselves; when private Dispensations, shall, in some cases, vacat Publick Oaths by single Interpretations, and in Equivo cations, and Mental Reservations men are able to out-strip the Jesuit himself; this is a way to remove the Pope, only by bringing him into our own Bellies, and instead of a Union of Protestants among our selves, is the direct way to introduce Popery in Masquerade (that I may use some Rhetorical words) and to imbrace what we declame against, and every Protestant is bound in his own capacity, to withstand. But when Trade and Occupations determine our Option, and past Acts (though evil in themselves) must regulate our present, and future, deportment: when persons chuse their Articles of Creed, as well as various ways of Worship, suitable to what they gain from those with whom they seem Religiously to associate: Conscience and Christianity do no longer guide them, but they give away their choice to Clients, Trade, and (amongst Divines) to the preferments of this World; and, all this while, 'tis Earth becomes their Supreme God, and Secular Interest governs their Religion. When Affairs therefore, through our own indis cretion, or the wickedness of others, are brought to this pass, that men will violate their Oaths to preserve Religion, or neglect Prayers to serve God; or attend Prayers to serve the Devil, and when, by such methods as these, the Prologue is made to the dismal Tragedy of a general Confusion, 'tis time to call for a solemn Consultation and for a Christian Magistrate to interpose by Law, least the Disorders in what we call by the Ancient and Venerable name of Religion, may have too severe an influence on the State, and both be ruined by the same hands; since these are like
Hypocrates
Twins, that weep and laugh both together. 'Tis time therefore (at such a Season) to call upon our sleeping Laws to awake, whose Penalties have an equal Sanction with themselves: and more especially, because punishment of Extravagant Offendors can be no Persecution, when the Christian Religion is not concerned, but the various Interests of this World; and Penalties (in this Case) will only restrain the inordinate Affection of some men to their private Concerns in relation to their abode here; and teach them how to be Crucified to this World, that they may more easily ascend into Glory in the next. 'Twill keep them steady whilst they walk upon the Earth, when the Wings of their Ambition are clyp'd and pois'd; and cause them to grow better, by Religion, and Loyalty; that by a peaceable departure out of this Life they may enter into the Joy of our Lord. This (though, to some, it may seem severe) can be no violence offered to Conscience, where we plainly see there is none at all. 'Twill be at most, no more than a limitation of Trade and Covetousness, by restraining the Contentions and Ambition of mankind. And now, if upon all this Discourse, a carping
Protestant
, or angry
Romanist
, should blunder upon this Objection; that if the Church be infallible,
quoad nos
; so it was at the time of our withdrawing from the
Roman
Communion, and therefore we then breaking the Principal Bond of Truth and Union, must remain guilty of the greatest Shism, unless we return to that Church from whence we have departed. It is, without any difficulty, replied, that he supposes that granted which we will not yield; for we were never lawfully subject to the
Roman
Church, in respect of Spirituals, any more than we were to the late Monster of Traytors, in respect of Temporals: a prosperous Usurpation giving them no better Title over our Church, which was distinct at its first reception of Christianity, than the others possession gave him right to his Sovereigns Throne; both being effected, by Subtilty, Force, and Usurpation.
Thus having, through this Discourse, exhibited a great Character of Truth, which is prime Antiquity; and given some slender account of what has been heard from the beginning: All that remains is to inforce the Apostles Exhortation to the duty, and beg that ancient Truths may abide in you. We have now had the Tryal of all things, let us therefore hold fast that which is good: we have been too long tossed in a storm, but having at last, arrived at a safe Harbour, let us no more sail out among the Rocks, nor put to Sea whilst the Winds rage, and the Waves roar. The True, Ancient, and Apostolick Faith was, for some time, like the lost sheep; it wandred about in a Wilderness of Error, and the by Paths of Heresie and Schism, being torn and scratched with Briars and Thorns, not only till it was smeered with blood, but at last it became Naked Truth: Naked, indeed; for being void of Hypocrisie, it became Naked of Friends too: But now, since we have found the lost sheep no wonder that I Exhort you, as he did his Friends in the Gospel;
Rejoyce with me for I have found the sheep that was lost.
And since the search has been no less tedious, than in these times, full of hazard; let us no longer shift the Principles of our Religion, nor permit the wry Face of a man to draw our Souls and Bodies asside; but let those Truths abide in us which we have heard from the begining. Why should I use any Rhetorick to persuade, when there is the Authority of God to command?
Tacitus
informs us of
Cæsar's
Soldiers;
Imperium potius quam concilium sequebantur
; A word of Command was more to them than persuasion or advice in a formal Speech. And shall we that march under our Saviours Banner be more disobedient than a Heathen Militia? Why should we not for Edification submit to true Decency and Order, that we may no longer be like
Samaritans
and
Jews
, refuse kinder Correspondences with each other? As the Apostle therefore Exhorts those
Jews
, who, though dispersed, were united in Christian Faith and Discipline: so let me, with all Charity and Affection beg, that you would hold fast your Profession (
Heb.
4.14.) Can we reasonably part with the Glorious Gospel which promises Crowns and everlasting Rewards; that takes care of us after we are Dead, and leaves us neither in Purgatory or the Grave; nay, that free us from the Torments of Hell, and advances us to the Joys of Heaven: We cannot once depart from our Religion, but at the same time we abandon our selves, exchange our Reason for Folly and Madness, and barter our precious Souls for trifles; and what proportion in this exchange?
What is a man profited
(says our Saviour) nay, how is a man utterly undon if,
to gain the whole world, he loses his own soul?
(Matth. 16.26.) Understand what you are capable of apprehending, and when you have found a Doctrine to be sound, take St.
Pauls
advice to
Timothy;
Hold fast the form of sound words
, (1.
Tim.
1.13.) Many of our fierce and staring Seperatists, like their Ancestors of another denomination (the
Papists
I mean) embrace Principles and Ways of Worship, though they understand them not. As
Quintilian
speaking of the
Toscan
Rights and the Soothsayings of the
Salian
Priests,
Vix Sacerdotibus suis intellecta, sed quæ mutari vetat Religio
. Scarce apprehended by their Priests themselves, but yet their Principles and Religion forbid a change. But that Gospel which has been heard from the beginning, is no Airy Doctrine to be condensed into a Cloud; nor so hot, as to be raised into a Pillar of Fire: we are not to be conducted as the
Israelites
were of old; nor, thanks be to God, and a Christian Government, is the Church yet in a Wilderness condition; our Principles are as Plain as Honest; and our Religion as Intelligible, as it is Rational; and the Doctrine and Discipline, if our Practice Corresponds, which the Church of
England
pretends a reverence for; by Gods blessing, being submitted to with meekness, will be sufficient to save our Souls, through him who first published it to the World, and died to make satisfaction for our sins. Let this therefore abide in you; that you may not be, like Waves of the Sea, always rolling, and driven which way a Storm pleases; but setled, and immovable, always abounding in the Work of the Lord; which let God Cooperate and strengthen you in, for Christ Jesus's sake;
To whom with the Father and his Eternal Spirit, be all Glory, and Honour, now, and for ever
. Amen.
FINIS.
A Good King and his People, the special Care of Heaven
. A SERMON Preached the 16
th
of
April
, 1696. Being a Day of Publick Thanksgiving, For the Discovery and Defeat of the late Detestable Conspiracy against his Majesty's Person, and of a Design'd Invasion from
France
.
By
JOHN PIGGOTT.
LONDON
; Printed by
J. D.
for
Andrew Bell
at the Cross-Keys in the
Poultrey
; and
Eben. Tracy
at the Three Bibles on
London-bridg
. 1696.
To the Right Honourable
CHARLES
Earl of
Monmouth
, &c.
My Lord,
I Should not have presumed to inscribe so Great a Name in the Front of so mean a Discourse, had not your Lordship's Signal Loyalty to his present Majesty King
William
, your constant Zeal for the Liberties of
England
, and your extensive Candor to all True Protestants, conspir'd to encourage the Attempt.
For as our Late Common Deliverance, by the merciful Providence of God, was the Occasion of this Sermon; so I perswade my self your Lordship is too much affected with this great Blessing, to be displeased at the weakest Effort that any one can make, with a sincere and honest Design to Celebrate it.
That your Lordship and your Noble Family may enjoy the Blessings both of this Life, and of that which is to come, is the earnest Prayer of, (
My Lord
) Your Lordship's very Humble and Obedient Servant,
John Piggott.
A Thanksgiving
Sermon
ON THE Discovery of the Late
Plot
.
Psal.
CXLIV.10.
It is He that giveth Salvation unto Kings: who delivereth
David
his Servant from the hurtful Sword.
I Presume that upon the very reading of these Words, you are convinc'd that they are not unsutable to the Work of this Day; who are here before the Almighty, to acknowledg that he hath eminently given Salvation to our
King
, and hath miraculously deliver'd him from
the hurt ful Sword
; by bringing to light the hidden Works of Darkness, by baffling and defeating the late Barbarous Conspiracy of wicked Men to Assassinate his Royal Person, and to rob his Subjects of their established Liberties, by encouraging and assisting an Invasion from
France
.
Especially considering that this Psalm, of which my Text is a part, is thought to have been composed after the Death of
Saul
, and in the beginning of
David's
Reign. Whenever it was, it certainly followed some extraordinary Deliverance, which
David
had received, and does in the Text acknowledg to be given by a special Hand of God: and it is not improbable that it was in the beginning of his Reign; for tho'
David
was at first anointed by a special Command of God, (while
Saul
sway'd the Scepter of
Israel
)
3. Sam. 16.12,13.
to signify that God had chosen him to govern his People, and that upon
Saul's
Death he was immediately to fill up the Throne, yet after he was anointed King over the House of
Judah
,
2. Sam.2.4
it was a long time before he subdued the Rebellions of those that adher'd to
Ishbosheth
the Son of
Saul
,
Ver. 8.
who made some Pretences to the Crown, and was accordingly assisted by
Abner
Ver. 9.
the chief Captain of
Saul's
Host, and so made King over
Gilead
, and over the
Ashurites
, and over
Jezreel
, and over
Ephraim
, and over
Benjamin
, and over all
Israel
, except
Judah
, as the next Verse informs us,
ver.
10.
But the House of
Judah
followed
David
.
So that the greatest part of the first seven Years of
David's
Reign was spent in the Fatigues of a hazardous War; hazardous it must needs be, when he had rebellious and unnatural Subjects at Home, and cruel Enemies Abroad. Yet God was pleased by his remarkable Protection and Defence, to disappoint wicked Men in their Designs against him.
Which occasions him in the beginning of the Psalm to express his grateful Resentments in such Words as these,
Blessed be the Lord my Strength, who teacheth my Hands to war, and my Fingers to fight. My Goodness and my Fortress, my high Tower and my Deliverer, my Shield and he in whom I trust: who subdueth my People under me.
q. d.
I disclaim all glorying in my own Prudence and Conduct, and desire to give the entire Praise of my Success and Victory to him that hath
girded me with Strength unto Battel
: who has
caused those to bow under me that rose up against me
.
Psal. 18.39.
The Counsels of mine Enemies have been baffled by the Wisdom of God, and their Armies scatter'd by him who is the Lord of Hosts.
God has eminently been my Deliverer, for he hath saved me from those
whose Mouth speaketh Vanity, and whose right Hand is a right Hand of Falshood
.
Ver. 8.
In which Description of his Enemies he plainly intimates they were such as paid no deference to Truth or Justice, to Honour or Religion: It refers to the Custom of the Jews, who when they swore lifted up their right Hand towards Heaven; and when they enter'd into a Covenant with Men to signify their Consent, they gave one another the same Hand:
Their right Hand is a right Hand of Falshood
; they are Men that can break in upon their own Covenants, and violate their Oaths to God; Treachery and Cruelty compose their Character.
And how justly this same Description may be affixt to our Enemies, I need not say; since we all understand the Language of a Despotick and Arbitrary Power, which in the late Reign made great Advances against our Civil Rights, and against our Religion too: And as for
Lewis
the 14
th
of
France
, the Ashes of the Protestants, demolished Temples, the Blood of their slaughtered Innocents, both in
France
and in the Vallies of
Piedmont
, are enough to make his Name for ever to be condemn'd in History, as being one of the most barbarous Sons of Violence and Blood. Now a Deliverance from such Enemies as these, did so awaken the Gratitude of
David
, that he cries out,
I will sing a new Song unto thee, O God
:
Ver. 9
as if he had said, I will not alienate from my great Deliverer that Tribute of Praise that is his rightful Due. Then followeth the Text,
It is He that giveth Salvation unto Kings: who delivereth
David
his Servant from the hurtful Sword.
Which Words will furnish us with these two general Heads of Discourse:
I.
That the Salvation and Victory that Good Kings obtain, is given them of God.
II.
That it is by a special Providence of God that righteous Kings (and consequently the People under their Government) are delivered from the mischievous Designs and Plots of evil Men.
I say
righteous Kings
, because my Text saith, David
thy Servant
; and I add these Words,
from the mischievous Designs and Plots of evil Men
, because my Text says,
from the hurtful Sword
;
i. e.
from the design'd Mischiefs of the hurtful Sword, which was to take away the Life of the Innocent.
I begin with the first of these, Namely;
That the Salvation or Victory that Good Kings obtain, is given them of God.
All that I shall say to this Observation shall be only to prove it, that I may make the better way to the second, which I design (God willing) principally to speak to.
For the Proof of this first Observation, see the 9
Eccles.
11.
I return'd and saw under the Sun, that the Race is not to the Swift, nor the Battel to the Strong
, &c. A swift Runner may tire in a Race, and come last to the Goal; and a strong Army miss of Victory, for Success in War does not always ensue upon vast Preparations, and a mighty Force.
So that sometimes the most unlikely Undertakings succeed well, when the most probable and best-laid Designs are defeated and broken. And how is this brought about, but by the Finger of God? Who as he hath
made
, so he also
governs
the World, and gives Success and Victory to whom he pleases; to whom we may say, as King
Asa
in his Prayer, 2 Chron. 14.11.
Lord, it is nothing with thee to help, whether with Many, or with them that have no Power.
God hath sometimes given a Defeat to a numerous Army by visible Miracles. Need I instance in that amazing Check that the proud King of
Assyria
met with in the Overthrow and Ruine of his Army by an Angel, who slew an hundred fourscore and five thousand in one Night? or need I tell you of the Wonders God wrought in
Egypt
for his People; or what a Deliverance he gave them at the Red-Sea?
This Doctrine that I am now upon was so well understood by
David
, that he frequently renounced any Dependance upon an external Force,
There is no King
(says he)
saved by the Multitude of an Host: A mighty Man is not deliver'd by much Strength.
Psal. 33.16.
And in the 44
th Psal.
6.
I will not trust to my Bow, neither shall my Sword save me.
And this is yet further confirm'd by
Solomon, Prov.
21.31.
The Horse is prepar'd against the Day of Battel: but Victory is of the Lord.
To whom but to God could the Victory of
Gideon
over a very numerous Army be ascribed, when the Clattering of Pitchers, the Sound of Trumpets, the Light of Lamps, and the united Cry of 300 Men, [
The Sword of the Lord and of Gideon
] discomfited a Mighty Host, and caused every Man's Sword to be against his Fellow.
Judg. 7.2 & 22.
But what need I run so many Ages back, when there have been so many Instances within our Memory to confirm my Observation?
Particularly the late Glorious Revolution by the Undertaking of the then Prince of
Orange
, the present King of these Realms. How did all things concur to bring about our Deliverance from Popery and Arbitrary Power?
When we saw no way of escaping, how did God dispirit the Army of the late King, which on a sudden was struck with such a Pannick Fear, that those that went not over to our Deliverer, were scattered in the greatest Disorder, like Men under the visible Effects of the highest Consternation and Fear?
So that our Deliverance advanc'd towards us with incredible Swiftness, and was, beyond all Expectation, obtain'd with little or no expence of Blood.
We were not exalted to our Happiness upon the Graves of our Friends, or the Ashes of our Dwellings. And are not all these the Indelible Characters of the Divine Hand? To close this Head; To whom but God shall we attribute his Majesty's Success in the Reduction of
Ireland
, and since in several Conquests and Victories both by Sea and Land, and particularly the Success of the last Campagn? But I have said enough to this first Observation.
Observ.
2. That it is by a special Providence of God that Righteous Kings and their People are delivered from the mischievous Designs and Plots of evil Men. In discoursing on this Argument, I shall attempt these three things.
I.
To tell you when we may look upon a Deliverance from a Plot against a good King and his People, to be by a special Providence of God.
II.
Assign some Reasons why God Almighty by his special Providence do's at some times deliver a righteous King and his People, from the mischievous Designs and Plots of evil Men.
III.
Make some Use sutable to the Solemnity of this Day, and that Deliverance for which we are assembled to praise God.
I. I am to tell you when we may look upon a Deliverance from a Plot against a King and his People, to be a special Providence of God.
1. When Men of great Policy and Skill, that are engag'd in such Plots, are seiz'd with a Spirit of Giddiness, being enclin'd to follow that Advice that in all Probability will weaken the Attempt, and lay open the whole Conspiracy.
How often hath God turn'd the Counsels of Plotters against themselves? for he in whose Hands are the Hearts of all Men, hath made some of them that were big with the Designs of his People's Ruine, empty themselves in their own Confusion.
Guilt has been legible in their Countenances, and through the Infatuation of their Counsels, they have served the
As appears by the present National Association, which was occasion'd by the late Conspiracy.
Interest they design'd to overthrow. And as the Lord turn'd the Heart of the King of
Assyria
unto the Jews, to strengthen their Hands in the Work of the House of God,
Ezra
6.22. so he does frequently turn the Counsels of his Enemies, to the Service of his Church, and their Policies are so baffled by the Spirit of Wisdom, that they meet with nothing but Disappointment and Shame. As in
Herod's
Plot against the Life of our Lord, who fearing that he would rival him in his Throne, forms a Design to murder him. And altho
Herod
was a Man of very great Craft and Subtilty, yet in this Conspiracy his Sagacity seems to be revers'd; (according to that of the Prophet,
Isa.
44.25.
He turneth Wise-men backward, and maketh their Knowledg Foolishness
) and he acts directly repugnant to all the Celebrated Maxims of Policy; for altho he knew that the Wise-men had seen Christ's Star in the East, and were going to worship him, yet he never thinks of sending his Guards with them, or going himself in a Religious Disguise, which according to Humane Probability might have effectually brought about the Barbarous Design. But what could he do? The Hand of God was against him, and he acts like one under the Power of Infatuation;
Quos Jupiter vult perdere, hos dementat.
for he sends these Wise-men to search diligently for the young Child, and entrusts them to bring him Word where he might go and worship him.
Mat. 2.8.
Surely never Prince acted more against the Rules of Policy! to depend upon the Notice of those Men, whose Persons he knew as little of, as their Studies; and of whose Kindness, Constancy and Fidelity, he had less Assurance than of either: they came from a far Country, some say from
Susa
in
Persia
, others from
Arabia Felix
; the former is about 920 Miles, the latter above 1240.
Now, I say, that he should trust such as these, to me is an incontestable Evidence that he was seized with a Spirit of Giddiness and Infatuation, and that God by a special Providence render'd his abominable Design abortive; especially when I consider that the wise Men were warn'd of God in a Dream that they should not return to
Herod
,
Mat. 2.12.
and that accordingly they departed into their own Country another way, while
Joseph
is warned by an Angel in a Dream to take Jesus and his Mother, and flee into
Egypt
;
Ver. 13.
all which contributed to give a total Defeat to
Herod's
black Design against the Life of our Lord.
Alas, Men are sometimes under such disorder within, by an Influence over-ruling all their Designs, that they cannot take the most rational Advice that is given them.
As in the Plot against
David; Achitophel
like a politick Minister of State, gave very proper Advice (humanely speaking) to
Absalom
to bring about the Assassination of his Father:
2. Sam. 17.1,2.
For
Achitophel
said unto
Absalom,
Let me now choose out twelve thousand Men, and I will arise and pursue after
David
this Night; and I will come upon him while he is weary and weak-handed, and will make him afraid, and all the People that are with him shall flee, and I will smite the King only.
You see the Design was to come upon
David
suddenly, when his Forces were dispers'd and scatter'd abroad, and could not easily be alarm'd; which seems to be somewhat like surprizing King
William's
Guards, and attacking him in his Winter-quarters.
Whether our late baffled Conspirators took their Politicks from him, I know not; sure I am they met with no better Success.
But to proceed; Notwithstanding the seeming Rationality of
Achitophel's
Advice,
Absalom
declines the taking of it, and chooses rather to receive the Counsel of
Hushai
, which did not look half so probable, as you may see from the 7
th
Verse to the 14
th
of the same Chapter: So that
David
might well cry out in the Words of my Text,
It is God that giveth Salvation to Kings, and delivereth
David his Servant from the hurtful Sword.
For by God's infatuating their Counsels,
David
and his People were deliver'd from mischievous Designs and Plots.
Now what shall we say when God maketh the Diviners mad, and disappointeth the Devices of the Crafty, so that their Hands cannot perform their Enterprize? Shall we not confess that it is by a special Providence of God that all this is done?
2. Then may the Deliverance of a King and his People be ascrib'd to a special Providence of God, when the deep-laid Design is uncover'd, and the black Project brought to light, by some unaccountable Means.
Such an Instance we have of a special Providence of God towards the Jews, in defeating that execrable Conspiracy that was formed against them by
Haman
, who was prime Minister of State under
Ahasuerus
, and being affronted by
Mordecai
the Jew in that he refused to do him Reverence, was resolv'd to revenge it not only on him, but upon the Jews in all the King's Provinces;
Esth. 3.2.
and having (no doubt) very frequently insinuated, that they were a factious and disloyal People, and great Enemies to
Ahasuerus's
Government and Empire, it seems by what follows, he was not a little confident that the King would grant his Request, and that the many thousands of Jews that were dispers'd through the Emperor's Dominions, should be offer'd up as an entire Victim to his Ambition and Rage: for in the 7
th
Verse 'tis said,
That in the first Month
, (that is, the Month
Nisan
)
in the twelfth Year of King
Ahasuerus
, they cast
Pur
, that is the Lot, before
Haman
from Day to Day, and from Month to Month, to the twelfth Month, that is the Month
Adar
.
To understand which Words, you must consider that in those Eastern Countries the People before they undertook any considerable Enterprize, cast Lots for a Lucky Day.
Thus did
Haman
in his Conspiracy against the Jews, cast
Pur
for a Lucky Day to begin his bloody Work upon, which happened upon the 13
th
Day of the 12
th
Month, which is called
Adar
; which according to modern Computation answers to our
February
, the 15
th
of which was fix'd upon for the Assassination of our King: as if God Almighty would signify by his Providence that in all the voluminous Records of Time, there was never any Instance of a Plot came so near that which we have lately escaped, as this remarkable one in sacred Story.
Now
Haman
having advanced the Matter thus far, lest the King should scruple to sign the Warrant for the Massacre, since by so doing he should lose a considerable Revenue, by taking off such a vast body of his Subjects, he offers to return into the King's Exchequer Ten thousand Talents of Silver:
Ver. 9.
what Talents they were is somewhat uncertain, some think the Sum might be about two Millions of Money Sterling; but be it more or less, the King is content, takes off his Ring from his Hand, and gives it to
Haman
to sign the Warrants that were to be issued out for the Execution of the
Jews. Haman
having received the Privy-Seal, shows his Activity; for he presently calls for the Secretaries of State
Ver. 12.
that they might write his Pleasure to the several Officers of the Militia in the Kingdom, to the King's Lieutenants, and Governours of every Province, that they should destroy, kill, and cause to perish all Jews both young and old, little Children and Women, in one day,
&c.
and this Order was disperst into every Province by a swift Post.
Ver. 13.
And that those to whom this Order came, might do the Work the more effectually, they are promised to have the Spoil for a
As were the Irish in the late Reign.
Prey, that they might be the more severe, and that their covetous Desire might prompt them on to an universal Slaughter. But as a Prelude to this Tragical Day, (which 'twas hop'd would be very lucky)
Haman
faint with the Thirst of Blood, resolves to take off
Mordecai
first, and accordingly sets up a Gallows of 50 Cubits high; probably that he might be exposed as a Spectacle of Contempt to a numerous Crowd.
But the very Night before the Morning that
Mordecai
was to die, the King could not sleep,
Esth.
6.1. and instead of the ordinary Diversions of the Court, calls for the Records of his Empire; and the Person that was to read them, was, doubtless by the special Providence of God, guided to that place in those Chronicles, that reported an emi nent Service
Mordecai
had done some time before in discovering a Plot against
Ahasuerus's
Life.
The King immediately enquires whether
Mordecai
had ever been rewarded;
Ver. 2.
and finding he had not, instead of being hang'd the next Morning, is made to ride in Triumph through the Streets of the City, while
Haman
his potent Enemy is forc'd like a Lacquey to attend his Horse of State.
Thus God by an unaccountable Turn of Providence, dashes the Design of
Haman
, and his Plot proves abortive; and by another Turn as strange as the former,
Haman
is forc'd to leave his CourtPreferments, to be lifted up upon a Gallows of his own erecting: for in the 9
th
of
Esth.
1. we read,
that in the twelfth Month, (that is, the Month
Adar
) on the thirteenth Day of the same, when the King's Commandment and his Decree drew near to be put in Execution, in the Day that the Enemies of the Jews hop'd to have power over them, (tho' it was turned to the contrary, that the Jews had Rule over them that hated them) No Man could withstand them, for the Fear of them fell upon all People.
Ver.2.
Thus are the Wicked sometimes taken in the Devices they imagine, in the Net which they hid is their own Foot taken. Their Mischiefs return upon their own Heads, and their violent Dealing comes down upon their own Pate.
Josephus
relates, that
Caligula
having a Design to vent his bloody Rage on the Jews for refusing him Divine Honour, was by a Domestick Sword presently forc'd to resign his revengeful Breath. And 'tis the Observation of one, that the Persian Nobles incensing the King against
Daniel
, did occasion his growth in Favour, together with their own Destruction.
Thus in the several Ages of the Church hath God by the most unaccountable Methods deliver'd righteous Kings, and their People, from the Plots of wicked Men, particularly the Deliverance we praise God for this Day was brought about, by Means as improbable as if a Bird of the Air should tell the Matter,
Eccl. 10.20.
or the Stones in the Walls of a seditious Conventicle should cry out
Treason
.
Hab. 2.11.
How was
Pendergrass.
one of our Enemies bow'd by an invisible hand, to make a Discovery of the wicked and black Designs of others of them! as
Baalam
bless'd
Israel
when he had more mind to curse 'em? Nay, several of our late Conspirators (it seems) were struck with some kind of terrible Apprehensions at the Thoughts of that Execrable Villany they were in a little time to
commit
; and have since
too
fallen prostrate at the Feet of that Prince, whom they design'd to have laid at theirs. Does not this Deliverance then bear the Character of a
special Providence of God
?
3. We may then ascribe a Deliverance of King and People to a special Providence of God, when after the Enemy hath advanc'd his Design near to Execution, a seasonable and sudden Discovery is made.
When the Enemies of God are promising themselves undoubted Success, how opportunely are their Measures sometimes broken, and their Designs defeated?
Pharaoh
resolving to pursue and overtake, and divide the Spoil, and saying, his Lust should be satisfied; instead of meeting with the Sweets of Re venge, is overtaken with the Bitterness of Death, and the Israelites are as it were surpriz'd with Salvation.
Thus Mystery
Babylon
, in the
Revelation
, is represented as being suddenly surprized by the Judgments of God, while she was priding her self in the Grandeur of her State.
Rev. 18.7.
And the Psalmist, to show the Speciality of Divine Providence, in his Deliverance from the bloody Designs of
Saul
, represents God riding towards him upon a Cherub, and flying upon the Wings of the Wind; to denote how swiftly and seasonably he came for his Succour and Help. And thus God hath done for our King and us; when some like Sheep were appointed to Slaughter, and others destin'd to Slavery, then suddenly he interposes by a special Providence, and prevents the design'd Mischief: he prevented us by the Blessings of his Goodness; and when he turn'd back our Captivity, we were like those that dream, (as the Psalmist speaks;
Psal. 126.1.
) for our Deliverance was so surprizing and sudden, that we were like Men awak'd out of a Sleep, forc'd to pause a while, being instantly transported with silent Wonder! Our Enemies were like
Jehu
, driving on furiously, but suddenly their Chariot Wheels drop off, and they are stop'd: so that we may say with the Prophet,
Isa.
64.3.
Thou didst terrible things which we look'd not for, thou camest down, and the Mountains flowed down at thy Presence.
O the unlooked for, unexpected Discoveries that God hath made for our Safety, and our Enemies Confusion! How amazingly hath he laid open that which had lain concealed in the thickest Darkness! all things were prepar'd and ready: In what a Posture was the Late King to make his Descent, seeming only to wait for the Signal, which, blessed be God, none had the Opportunity of giving! For by the seasonable Interposition of the Divine Providence, a Discovery was made; and just as the Enemy was coming in upon us like a Flood, the Lord lifted up his Standard against them:
Isa. 59.19.
So that well may our English
Israel
say,
If God had not been on our side when Men rose up against us, they had swallowed us up quick.
Psal. 124.2,3.
O how has God baffled the Confidence of Man, and let him see that no Weapon form'd against his
Zion
shall prosper!
How has he snatcht us from the very Jaws of Death! how have our Souls escap'd as a Bird out of the Snare of the Fowler!
Ver. 7.
To what shall we ascribe our Deliverance, but to his special Providence who hath helped us right early?
4. That Deliverance is by a special Providence of God that is eminently serviceable to his People.
As surely all will confess that our present Deliverance is likely to be, but the Bigots of the Roman Faction, and those who are scarce a remove from them, I mean such as can absolve Men dying under the Guilt of the blackest Crimes, without any Tokens of Remorse.
How dreadful had been the Condition of all the Protestants in
Europe
, if he that had so successfully vindicated and secur'd their Rights, should have been barbarously Assassinated? But how much worse had it been with us, (even such of us as might have surviv'd the Fatal Blow) who must have ex chang'd our Liberties and Laws, for the Usurping Tyranny and Slavery of
France
; and instead of singing this Day, the Tears of our Widows and fatherless Children, might have been mixed with the Ashes of our City, and our Streets floated with a Stream of Humane Blood?
5. Then we ought to ascribe the Deliverance,
&c.
to a special Providence of God, when it is a Direct Answer of our Prayers, as this Salvation and Deliverance must be acknowledged to be.
How often have we in this place pray'd that God would defend his Majesty's Person against secret Plots and open Violence, and that the Angels of God's Presence might encamp round about him? To which we have had so visible a Return in his Majesty's Preservation, and in the Discovery of this Execrable Plot against his Life and Government, that without incurring the Suspicion of Enthusiasm, we may conclude our Prayers are answer'd, and have great Reason to cry out with
David,
Now we know that the Lord saveth his Anointed, and will hear him from his holy Heaven, with the saving Strength of his Right hand.
Psal. 20.6.
Therefore let us chearfully own that God hath answer'd our Prayers, and never cease to offer them to him for the good Conduct of his Majesty's Counsels, the farther Success of his Victorious Arms, and the Preservation and Prosperity of his Royal Person; that his Reign may be prosperous, and his Days many; and that when he has finished Time, he may leave his Government upon Earth, to reign with Christ in Heaven.
Let the King joy in thy Strength, O Lord, and in thy Salvation let him greatly rejoice: for thou hast given him his Heart's Desire, and hath not withholden the Request of his Lips.
Psal. 21.1,2.
I now proceed in the second Place to offer some Reasons why God Almighty by a special Providence do's sometimes deliver a good King and his People from the Plots of evil Men.
And 1. He does so, that he may the more remarkably advance his own Glory, that all the Inhabitants of the World may see what his Hand hath wrought. The Glory of God is the Supream End of all his Dispensations, but eminently so in those signal Deliverances, which can be ascrib'd to no other Cause but special Providence of Heaven.
For if nothing else can claim a Share in our Deliverance, 'tis a horrid Alienation of the Divine Right, to withhold any part of the Glory from God.
His Design is to appropriate the entire Glory of special Providences to himself: and one great Reason of such eminent providential Appearances, is to render his Divine Attributes the more Illustrious in the World. For as one Star differs from another in Glory, so a distinguishing Salvation by a special Providence differs from a common Protection, in that the former renders the Perfections of the Deity bright and flaming, while the latter doth but obscurely discover them.
The one makes them conspicuous to every Eye, when the other seldom makes them fall under common Notice.
Now God by his special Acts of Providence designs to augment the Tribute of his Praise, and to advance his Honour so high that all may see it.
Jehovah
is jealous of his Honour, and cannot bear any Competitors; he will not give his Glory to another, nor his Praise to Graven Images.
For as his Wisdom, Goodness, Faithfulness and Power are eminently seen in National Deliverances by special Acts of Divine Providence, so in Return to them he expects a large Revenue of Praise.
2. God delivers Good Kings and their People by such special Acts of his Providence, that they may be the more deeply affected therewith, and the better relish the Deliverance wrought for them. What God has done in this late Deliverance, is to awaken all the Powers of the Rational Part of Man, and to engage them intensely in the Work of Praise.
Had God Almighty stifled this Plot at first, and prevented its being drawn out to so prodigious a Length, and so near to Execution as it was, we should not have been so affected with the Deliverance, as now when his set time to favour us was come.
Psal. 102.13,14.
For 'tis most likely that when surpriz'd with Salvation even on the Borders of Ruin, and the Confines of Death, we should best relish so great a Mercy, and be deeply affected with so signal a Deliverance.
3. God delivers by special Acts of his Providence, that he may cure the Remainders of his Peoples Infidelity, and engage them to trust in him for the future.
Tho our Character as Christian signifies our
believing
in the
Father
and the
Son
,
John 14.1.
and some of us can say,
Lord we believe
, yet we must also add,
Help thou our Unbelief
.
Mark 9.24.
Who of us but finds a mixture of Infidelity within, that makes very strong Efforts against the Impressions of Faith?
Now a seeming delay in the bringing about an expected Providence, do's suddenly occasion a misconstruction of the Methods of Divine Love, and thereby a very steady Believer is without much difficulty weaken'd and shaken in his Confidence.
Nay, after the most signal Appearances of God we are apt, like the Israelites, to call in question the Divine Goodness and Power, as the Psalmist remarks,
They said, Can God furnish a Table in the Wilderness?
Psal. 78.9.
A very unreasonable Question, when God had done so many
marvellous things
for them
in their Sight, in the Land of
Egypt,
in the Field of
Zoan.
Ver. 12.
Dividing the Sea, that the Waters stood as an Heap;
Ver. 15.
leading them by a Cloud
in the
Day
, and conducting them by a
Fiery Pillar
in the
Night
.
Ver. 16.
Yet notwithstanding all these astonishing Instances of Omnipotence and Love,
they
believe not in God
, neither
trusted in his Salvation
.
Ver. 22.
They had considerable remains of Unbelief, though they liv'd in an Age of Miracles. And how apt the People of God has been in every Age to relapse into Infidelity after his most marvellous Appearances, has been too no torious and visible either to be cover'd or excused.
Therefore one great End of God's condescending to appear for our common Safety, is to cure this Distemper of our Minds, and to engage us steadily to trust in him for the future, that we may
trust in the Lord
, after having found that
in the Lord Jehovah is everlasting Strength
: A Strength that can never be wasted by Age, nor enfeebled by the Gates of Hell.
For the Name of the Lord is a strong Tower, the Righteous runneth into it and is safe.
Prov. 19.10.
By the Name of God we must understand either God himself, or those Perfections of the Deity that are eminently display'd in the Government of the World, upon which we are entirely to lean, in Expectation of Safety and Conduct, present and future; which we have good ground to hope for, if we make him the
Object
of our Trust, who has been the
Cause
of our Salvation.
For they that trust in the Lord shall be as Mount
Zion
, which cannot be removed, but abideth for ever.
Psal. 125.1.
But before I pass this Head, I would insinuate that we are not to trust in God, so as to exclude the Use of Means. I would not have you imagine, that by trusting in God, I mean we are to sit still and do nothing; for tho we are not to trust in Chariots and in Horses, and in a numerous Host, yet we have no Reason to expect our Enemies Defeat without them, unless we were assured of it by some extraordinary Revelation from God: for our Swords are not yet beat into Plow-shears, nor our Spears into Pruning-hooks; we are still to make use of Instruments of War, and to use the best Conduct that we can; yet after all entirely to trust in our God, and to believe that he that hath deliver'd, will still deliver and save his People.
4. God is pleas'd thus to act, to convince his Enemies that he is not only Rector and Governour of the World in general, but that he do's by special Acts of Providence guard and defend his Church.
The successive Events of Time are disposed of by the Divine Order and Permission; and
the most High ruleth in the Kingdoms of Men
, Dan. 4.17.
There is not any thing in this lower World that is brought about by a blind inflexible Destiny, (as some Heathens fancied) or depends upon the Uncertainties of Chance, as others of 'em dream'd; for, says the Psalmist,
The Lord hath prepared his Throne in the Heavens, and his Kingdom ruleth over all.
Psal. 103.19
He is in the actual Exercise of an universal Dominion and Empire over Angels and Men. 'Tis not only the exalted Order of Seraphs, and those other bright Spirits above, that were never sullied by Sin, who are under the Conduct of God, but every Creature under Heaven is govern'd by the same Lord. Indeed some of the Heathens denied God's governing Providence in general, whilst others of 'em acknowledg'd it but in part; for tho they would own that he took care of the great Affairs of Kingdoms and Nations, yet they thought it unbecoming the infinite Perfections of a God, to give so remarkable a Stoop, as to take notice of particular Persons and Things.
Magna Dii curant, parva negligunt.
Cic. de Nat. Deor.
But we Christians, who are guided by a more certain Light, are well assur'd that
the Ways of Man are before the Eyes of the Lord, and he pondereth all his Goings
:
Prov. 15.3.
And as
Solomon
says in another place,
The Eyes of the Lord are in every place, beholding the Evil and the Good.
Prov. 15.3.
He do's not sit in the Heavens, viewing what is done upon Earth as an idle Spectator, but governs by his infinite Wisdom what he has raised from nothing by his unlimited Power; and that he do's so, is notoriously visible in those Deliverances that can be ascribed to no other Cause than that that is Divine.
For who taking notice how all things concurr'd to prevent the Murder of our King, and an Invasion from
France
, but must be forc'd to cry out, Surely there is a God that judgeth in the Earth, who is very much concern'd for the Happiness of those whom he owns for his People? Particularly how did the obsequious Winds by the Direction of the Lord of the Universe, subserve to our Protection, and to the Disappointment of our Enemies? The Divine Providence having thereby kindly laid an Embargo on our Fleet, contrary to the ignorant Wishes of our Merchants, that we might be ready to defend our selves, and prevent the intended Descent of our Enemies.
God expects when he appears so visibly, that all should
regard his Work, and consider the Operation of his Hands
; who says concerning his Church,
Isa.
27.3.
I the Lord do keep it, I will water it every moment: lest any hurt it I will keep it Night and Day.
Which Promise has been eminently made good in the discovery of the late Plot. And one great End of God's defeating the Machinations of evil Men, is to let all see the special Regard he has for his Church:
2 Chron.
16.9.
For the Eyes of the Lord run to and fro throughout the whole Earth, to shew himself strong in the behalf of them whose Heart is perfect towards him.
5. He delivers by such special Acts of Providence, that they may remain a lasting Terror to the Wicked in all after-Ages. As special Acts of Providence carry in them visible Tokens for Good to the People of God, so they bear amazing Characters of Terror to the Enemies of his Church. 'Tis to be hop'd, it will not a little weaken the Power of our Adversaries, to look back upon their baffled Policies; that which was formerly an Occasion of their Glorying, will probably hereafter administer to their Confusion and Terror.
He that sitteth in the Heavens shall laugh: the Lord shall have them in Derision. Then shall he speak unto them in his Wrath, and vex them in his sore Displeasure.
Psal. 2.4,5.
It will be a distracting Perplexity to the Wicked, and a great enfeebling of their Strength, to be forc'd to remember how God hath appear'd against them, and blasted their black Conspiracies against his Church. How will the Revolution of 88, and the discovery of this Plot in 96, remain to Posterity a Subject of Shame and Trouble to the whole Romish party? and one would think (if they have any grains of Modesty left, or are at all capable of reflecting on the Hand of God, which has so eminently appear'd against them) they should scarce ever dare to touch God's Anointed more, or attempt the Ruine of his Church.
1 Chr. 16.22.
However, he can make the Wrath of Man to praise him, and restrain the Remainder thereof if he pleases.
Psal. 76.10.
III. I shall close all with some Use sutable to the Solemnity of this Day, and that Deliverance for which we are come together to praise God.
1. If our King and we have been deliver'd by a special Providence of God, (as 'tis evident we have) what Reason have we to be abased and humbled, that we are no more affected with so great a Deliverance, and that our Return bears no better a Proportion to the merciful Providence we are under? Surely we have abundant Cause to mingle our Tears with our Songs, that the great Deliverance we enjoy has had so little Influence upon us! Is there not as much Profaneness in our Streets, as much Carnality and Lukewarmness in our Churches as ever? Do we not still continue in our old Sins after such a new and astonishing Deliverance? What can we expect should follow on such Stupidity and Ingratitude, but that that God who has broken the Snare for our Deliverance, and set our Feet in a large Place, should give us the Reverse of our Happiness, and shut us up into the Hands of our Enemies, unless we repent? We read in 1.
Kings
11.9. that
the Lord was angry with
Solomon
, because his Heart was turned from the Lord God of
Israel,
which had appeared unto him twice.
The double Appearance of God in an extraordinary way, did highly aggravate his Apostacy and Revolt from him: And what Shame and Confusion of Face belongs to us, whom God has loaded with his repeated Benefits, since we have made no Returns sutable to them? and except we throughly humble our selves, what can we expect, but that God will be angry with us till he hath consum'd us; so that there shall be no Rem nant nor Escaping? Pray observe what follow'd upon the Ingratitude of
Hezekiah
, 2 Chron. 22.25.
But
Hezekiah
render'd not again, according to the Benefit done unto him, for his Heart was lifted up; therefore there was Wrath upon him, and upon
Judah
and
Jerusalem
.
2. Hath God Almighty by a special Act of Providence deliver'd our King and us his People from the hurtful Sword? let such a Mercy never be forgot, but transmitted to Posterity. May the Characters of this Deliverance never be defac'd by Time, but its Memory kept alive and fresh in Generations to come; that the Children that are yet unborn, who probably will enjoy the Advantages of it, may hereafter praise God for it, and declare it to their Children.
Psal. 78.6.
Let us not be like the Israelites of old, who sang God's Praise, but soon forgot his Works.
Ps. 106.12,13.
May the Circumstances of this wonderful Salvation add a sprightly Accent to the Hallelujahs that shall be sung for it, to the utmost Limits of Time; that the Memory of this Mercy may live as long as the Sun and Moon endure. 'Tis remark'd by a Learned Man, that the City
Shushan
, the Royal Seat of the Persian Monarchy, was pourtrayed on the East Gate of the Temple, that the Jews might readily recognize and call to remembrance the wonderful Deliverance of
Purim
, which was wrought in
Shushan
, Est. 9.26.
Dr.
Lightfoot's
Temple
, ch. 3.
Has God Almighty delivered our King and us? let us hope in him, and never forget his Benefits.
3. As Heaven hath signalized
WILLIAM
, our LAWFUL and RIGHTFUL Sovereign, by repeated Acts of special Protection; let us who pro fess to be his obedient Subjects at all times, afford him the most visible Tokens of a sincere and signal Loyalty. 'Tis true, he has been engaged for some time in a War very expensive, but it has been for our Safety, and in the hazard of his own Life; and shall we regret the parting with a little of our Estates to keep out a dreadful War from the Bowels of our Country, and for the Defence of our Lives and Liberties? 'Tis not many Years since, that we would have given the two Thirds of what we had, that the other Part might have been secured to us. Therefore let us not murmur at our present Expence, because it is to support the Interest of a Protestant King, whom a continued Deliverance from successive Dangers has mark'd out for the Darling of Providence; a Prince in whom meets the Prudence and Courage of all his renown'd Ancestors; and whom not to value and esteem, would be to slight the God that hath girded him for Battel.
Judg. 8.34,35.
4. Let us chearfully and cordially praise God for our common Deliverance, a Deliverance so great, that we lack Words to set it out to the full, for it is big with Mercy, I had almost said, with Miracle! Who but must confess, that the Finger of God was in it, and that the Signature of a special Providence are deeply impress'd upon it! and shall we not with the most exalted Vigour of Mind praise God for such a Deliverance as this, that has in some respects hardly any Precedent or Parallel? Let us all beware that we never provoke him by fresh Provocations to throw off his Care, to remove the Candlestick of his Gospel, and give us up as a Prey into their Teeth, whose tender Mercies are Cruelties. For know, that our God will not always be at the Charge of Miracles for our Preservation, if we remain in the Practice, and under the Power of our Sins: for if instead of Repentance and Reformation, we are multiplying our Transgressions against Heaven, they may in a sort contribute towards another Plot. In a word, let no unseemly Folly or Excess cast a Blemish on our Thanksgiving-day: Nay, let our whole Lives, as well as our Lips, praise our great Deliverer; and let us not cease to speak of the Glory and Honour of his Majesty, and of his wondrous Works, and to declare his Glory among the Heathen, his Wonders among all People. Let us sing forth the Honour of his Name, and make his Praise glorious, for surely what we rejoice in
is the Lord's Doing
, and ought to be
marvellous in our Eyes
.
To close all; Let our Assemblies ring with singing of God's Greatness, and praising his Power, that the Heavens may eccho back again,
It is God that giveth Salvation to Kings
, and hath saved
WILLIAM
his Servant from the hurtful Sword.
FINIS.
Religion and Loyalty, or the Reverence due both to Church and State, Asserted IN A SERMON, Preach'd at the Parish-Church of BISHOP-STORTFORD, IN
Hertfordshire
, Aug. 31. 1708. At the Anniversary Solemnity of the SCHOOL-FEAST.
Published at the Request of the
Gentry
and
Clergy
there present.
By
JOHN WALLER
, B. D. and Fellow of
Corpus Christi
College in
Cambridge
.
CAMBRIDGE
: Printed at the
University-Press
, for
Edmund Jeffery
, Bookseller in
Cambridge
; And are to be Sold by
James Knapton
at the
Crown
in St.
Paul's
Church-Yard,
LONDON
. 1708
To the RIGHT WORSHIPFUL
Sir SWINNERTON DYER, Bart.
And the WORSHIPFUL
PULTER FORESTER
, Esq; STEWARDS of the School-Feast, AND TO The rest of the
Gentry
and
Clergy
there present, This SERMON is
Humbly Dedicated
.
Matth.
XXII. 21.
Then saith he unto them Render therefore unto Cæsar, the things that are Cæsar's; and unto God, the things that are God's.
THE great advantage of Human Learning; the necessity of training up young Persons to the study of it, in order to make them useful in Church or State; the regard and encouragement by consequence due to such excellent Seminaries as this now present before us; these are subjects which have been so often and so compleatly handled in this Place and upon this Occasion, that I hope I may be excused if I do not confine my self strictly to them in this Discourse; especially, if what I shall offer from these words may be thought neither unsuitable in this Assembly, nor unseasonable in this our Age.
This indeed is the greatest end and design of all Human Learning, to make us sensible of what we owe to
Cæsar
and what to
God
; what duty to the Church, and what to the State; unless we be duly and conscientiously sensible of this, 'tis certain we cannot be either Loyal or Religious, either good Men or good Christians. And yet we can scarce look abroad into the World, but we shall either see Books or hear Discourse plainly destructive of all principles of this kind; so that if to fore-arm young Persons, just now as it were stepping into the World, with an antidote against the Poison they are like to meet with; if to shew those whose riper years are faithfully devoted to the Honour and Service both of
God
and
Cæsar
, that their choice is well grounded; if lastly to entreat those that are Parents by the Duty they owe both to God and Man, to chuse those places of Education for their Children, where they may be most secure that their Principles will not be corrupted, even whilst they are learning Languages in those early years; if all these be, as they most certainly are, attempts suitable to this time and place, and but too seasonable in the present Age, then I need make no further Apology for the choice of my subject.
The Evangelists St.
Matthew
, St.
Mark
and St.
Luke
, all tell us that the
Pharisees
out of their abundant malice against our Blessed Saviour, had resolved, if possible, to betray him into some discourse that might expose him to the resentment of the
Roman
state, and then turn Informers and Accusers of him. Accordingly they send to him their Disciples with the
Herodians
, who with a pretended Sanctity, the worst of Hypocrisy, made it a Case of Conscience whether they should submit to pay tribute to
Cæsar
or not; supposing, not unlike the Author of the Rights of the Church in our Age, that our Saviour could not have a Kingdom upon Earth consistent with Obedience to the Civil Power; that by consequence they might ex pect his answer in the Negative, and thence proceed to accuse and destroy him. But He surprised them with an advice no less excellent than unexpected, by way of reply to their captious Question; that as they had recognised
Cæsar
for their Prince, by admitting his Image and Superscription upon their coin; so their Obedience and Submission was due to him; that as they had then, and we Christians have now, a Church instituted by God Almighty, so our Duty to that is not inconsistent with our Obedience to the State:
Render ye therefore unto Cæsar, the things that are Cæsar's; and unto God, the things that are God's.
From which words I shall first consider the Doctrin its self contained in them, that we are all subject to two different Powers; that of the Church and State, of
Cæsar
and
God
.
Secondly
, That neither these two Powers, nor the Duties that we owe to them, are at all inconsistent with each other.
Thirdly
, That they are both most perfect when performed in conjunction with each other; that our Duty to
God
is the strongest Motive to make us careful of what we owe to
Cæsar
; and mens reverence to the Church the greatest possible security to the State.
I shall treat of these Heads in as brief and plain a manner as I can, and then make an Application of the whole, that will, I hope, be thought suitable to the present Occasion.
And
First
, to consider the Doctrine contained in our Saviour's Words, that we are subject to two different Powers, that of the Church and State, of
Cæsar
and of
God
.
Indeed the duties that we owe the Temporal Power, to begin with these, are likewise duties that we most strictly owe to God too; and that's the greatest possible Obligation upon us to the careful and conscientious discharge of them. This is as plain from the light of Nature, as that God is the God of Justice, Order and Society, and cannot but disapprove of Injustice, Violence, Anarchy and Confusion. This obligation Scripture asserts, and must be understood to make it as sacred as words can do, if interpreted in any sense agreeable to the sincerity with which all Christians must believe it to be wrote. That we should not only obey
God
, but our
Prince
; that as all
Power is of God
, so the
Temporal Power
is
his Ordinance
, and the
Magistrate his Minister
; that by consequence whoever resists this
Power resists the Ordinance of God
; there can be no fair meaning of all this, but that God has delegated his own Authority to the Magistrate, for the preservation of Justice, Peace, Property and Order amongst Mankind: and since every Soul is enjoyned to be subject to this Power, it can have no Superior but God himself. Since He is Supreme over all Human Power, and the absolute Lord of the whole Universe; his Will is that Law, and that only that ought to take place, and claims our Obedience before any Human Commands whatsoever. Thus we cannot possibly be laid under any Obligation to act contrary to the rules of Morality or Religion, to the Law of Nature or Scripture; all these being the Laws of God, the result of his Supreme Authority over all Rational beings, and all Powers whatever upon Earth. By the same reason his Institutions contain'd in Scripture are the things that belong to God, and him only; and he indispensably requires our Obedience to these at the same time that he requires our Temporal Subjection and Allegiance to
Cæsar
. If then our blessed Saviour did by the Divine Authority institute a Church, himself the Head, and all Christians enjoyned to be Members of it; if he fixt Laws, Offices and Officers proper to it, as a Society sacred to God Almighty, and distinct from all other Societies upon Earth; then it cannot be denied that we are all under the two distinct Powers of Church and State, without denying the Scriptures and renouncing our Christianity.
That both the Church Catholick, and all National Churches as parts of it, were design'd by our Saviour to be Societies distinct from the Civil Power is apparent, because he did actually institute them at a time when all other Powers in being upon Earth were, so far from being concern'd in their Institution, that for about three hundred Years they all used their utmost endeavors to extirpate and destroy them. Our blessed Lord after his Resurrection expressly enjoyns and commissions the Apostles
to preach the Gospel to all the world
, Matth. 28.19. Mar. 16.15. and
as
my
Father sent me
, Joh. 20.21. so says he
send I you
. Now as it must necessarily be his design in giving the Apostles this Commission, that they should out of all Nations make as many Converts as they could to his Religion; so the whole number of Persons, in all the World, by their preaching converted to Christianity, this was the Catholick or Universal Church then in being. And as 'tis impossible to be supposed that this Church, thus founded by our Saviour's Authority, should be designed to last but one Age; as the Pro phet
Daniel
long before,
Dan.
7.27. and the Angel at his salutation of the Blessed Virgin
Luk.
1.13. foretold his Kingdom to be
everlasting
and
without end
; lastly as himself promis'd
Matth.
16.18. so to build his Church, that the
gates of hell
should never be able to
prevail against it
; so it must be most certainly true and impossible to be denied without contradicting the Gospel, that as at first, so from thence to our days, and so from us to the end of the World, the whole number of Believers is the Universal Church, Christ's building, and our duties of adhering religiously to it, duties that we owe to God himself. And as 'tis undeniable that the Universal Church is one whole Body, consisting of and including all National Churches in the World, as the parts of which it consists; so the Divine Authority, and Original of all these parts, is necessarily implied in that of the whole. As our Blessed Saviour commissioned the Apostles, and therefore their Institutions must be look't upon as his; so nothing can be plainer, than that they did actually institute National Churches, as parts of the Catholick in all places wherever they preacht. Thus we read of the Church of
Jerusalem
, setled by their joint Authority with its proper Officers,
James
the Brother of our Lord as Bishop and the Elders of it,
Acts
15.2.19. and
chap.
21.
v.
18. Thus St.
Paul
writes to the
Corinthians, Galatians, Thessalonians
, and
Philippians
, calling them expresly Churches which he had Founded, and to the last of these he applies himself,
Philip.
1.1. together with its Officers,
Bishops and Deacons
, probably made so; but certainly approved as such by himself. The same great Apostle, we read both in Scripture and Church History constituted,
Ti mothy
Bishop of
Ephesus
, and
Titus
of
Crete
, giving to both a power of Ordaining others:
Lastly
, to name no more particular Instances;
Acts
20. 17, & 28. we are told that from
Miletus
in his way to
Jerusalem
, he sent for the Elders of the Church of
Ephesus
, and when they were come, charges them to take care of the Flock over which the
Holy Ghost had made them Overseers
, and calls this
feeding of the Church of God, which
our Lord
had purchased with his own bloud
. As therefore tis plain from these and the like passages of Scripture, that the Apostles did institute National Churches, as parts of the Catholick, in those Countries where they preach'd, so their Commission being given them by our Blessed Saviour, these Institutions are his too, and stand upon his Divine Authority. As he by the Ministry of the Apostles founded this his Universal Kingdom, consisting of these its several parts, to continue to the World's end; so this Method and Constitution of it, establish'd by these Holy Persons, must in all Ages be of the same Authority and Original, as the Kingdom it's self. For us therefore to maintain constant Communion with the Church, to be dutiful and conscientious Members of it, these are duties that we immediately owe to God himself; and he has likewise oblig'd us to be obedient to that Power which he has delegated to our Temporal Princes, without dispensing with us in any Case; but where their Commands are inconsistent with the Duty that we owe to him.
Before I proceed I must observe this plain Consequence from what has been said; that if the Church and its Ministry be Divine Institutions, then those Functions for the exercise of which this Mini stry was instituted must be so too. As our Blessed Saviour commissioned the Apostles, and they the Church in after Ages, to set apart a distinct Order of Men for the performance of Divine Service, and those Offices which he made necessary to be kept up in the Church; so the exercise of these Offices is both apparently and sufficiently founded in this Commission, and cannot be suppos'd to depend upon any other Foundation, without making the Institution of our Blessed Saviour useless and insignificant. 'Tis very plain from hence, that the performance of these Holy Offices, for which the Ministry was established, is appropriated to the Ministers of the Church in all Ages; and that no Person can have any Right to perform them, who is not made a Minister of the Church according to the Apostolical Institutions. That pernicious Principle then, that every man may be a Priest for himself, must be as false as 'tis pernicious and destructive of the Church. Did the Apostles give
Timothy, Titus
, and many others, a Power of admitting Persons into Holy Orders, and of conferring the same Power upon their Successors after them? Was it the design of dedicating these Persons to God, that his publick Worship, the Administration of the Sacraments, and the duties incumbent upon Spiritual Guides should be perform'd by their Ministry? Was this the universal Belief and Practice of the Church in all the Ages next to the Apostles? All this is undeniable, and not only so, but as far as History can inform us, this was the Belief and Practice of all Christians, until broken in upon by the Sectaries, that began within less than three hundred years of the present Age. If these things be true, then those persons must be guilty of contradicting Christ and his Apostles, and the Catholick Church, who assert that in no sort of Divine Service, any Man can be more a Priest than another, that every single Person may be a Priest for himself, that there is no need of any such Orders, as distinct from other Men, or at least, that the Civil Power may Create or Abolish them at pleasure.
But I come now to the second part of my proposed Method, to shew that neither these two Powers of Church and State, under which God has placed us, nor the duties that we owe to them, are at all inconsistent with each other. And this is as certain, as that the Institutions of our Saviour and his Apostles could not be inconsistent with the Doctrine which they preach'd. He having expresly commanded us
to render to Cæsar the things that are Cæsar's
, and every where condemning all breaches of Loyalty and Obedience to the Civil Power; and having likewise, by the Divine authority, Establish'd a Church and Ministry to continue to the Worlds End; all Christians must acknowledge that those his Doctrines, and this his Institution, cannot be contradictory or inconsistent with each other. In like manner He having commissioned the Apostles to be his Deputies, in constituting his Church, they must necessarily have been capacitated for that Office; and therefore since they did both preach and pay all due subjection to the Magistrate, and at the same time constitute the Church, and settle its Ministry by our Saviour's authority; upon this account, no Christian ought to assert, that the Divine Commission given to the Church and its Ministers, is any diminution to that obedience, which all Subjects, Ecclesiastical as well as other Persons, owe to their Temporal Princes and Governors; this would be to make the Apostles Orders contradict their Doctrines; and their Actions to subvert the Civil Power, though at the same time they call it God's Ordinance, and exhort us to pay all possible veneration to it.
'Tis objected by the Author of the Rights of the Church, that there cannot be two independent Powers in the same body of Men without confusion, and therefore God cannot have settled any Church in the World as a Society distinct from the Civil Power: But since I hope I have proved from Scripture, that God has actually settled such a Society; I hope this will not be called confusion. That the Primitive Churches as settled by the Apostles for about three hundred years after our Saviour, were actually Societies entirely distinct from all Civil Powers upon Earth, this is undeniable matter of fact; and if our Adversaries will allow that this was no injury to the Civil Power; they must likewise free the Divine right of the Church in all Ages from this imputation. The primitive Christians did indeed, and we in like Circumstances must do the same, renounce the
Roman
and other false Gods by the command of the true one; and by the same warrant did form themselves into Churches, with their proper Officers for the worship and service of God Almighty: all this was equally contrary to the will of all Civil Powers then in being; but yet no breach of duty, no encroachment upon the authority of these Powers; because 'twas only obeying God rather than Man. In all cases besides this, the Christians paid an entire subjection and allegiance to their Governors; nay in this, where they acted upon the command of God, and exercised the Spiritual Power derived from him; still they owned a temporal subjection to the Magistrate, by submitting, as they were enjoyn'd by Christ and his Apostles, to those cruel Penalties, which he unjustly inflicted on them on this very account.
When the
Roman
Emperors, and after them other Princes, came to be Christians, this change could in its nature be no destruction; but must be a further Security and Establishment of the Church as constituted by the Apostles; for these great Persons, by declaring themselves Christians, declared themselves obliged to add, and use their authority for the preservation and honour of the Doctrines and Institutions of Christ and his Apostles; and as whoever has a duty must have a right to execute that duty; so hence I conceive our obligation to obey our Princes, in all matters Ecclesiastical as well as Civil, plainly deducible. Now this does not destroy nor any way lessen the Divine Commission of the Church and its Ministry; but only makes it the duty and right of Christian Princes and Magistrates, to add their temporal power, protection and encouragement, to the Spiritual authority derived from God, to preserve the Church pure and entire. What they command in order to this end, as well as in other matters, all their Subjects, the Ministers of the Church as well as others, are obliged to obey, if lawful. What upon the best information we can get, we believe unlawful, 'tis certain we are obliged not to do, by an antecedent and Spiritual obligation that we are under to God Almighty: But his Kingdom being not of this World; 'tis the Doctrine and example of our Saviour, the Apostles and the whole primitive Church, that we are obliged to submit to all Sufferings that we may meet with from the Temporal Power upon that account. Should this power endeavour to destroy the Institution of our Saviour and his Apostles; we cannot obey any command in order to that end, because 'tis unlawful; and the Rights of the Church are by the Divine command for ever unalienable: But this is no more inconsistent with our duty to the Magistrate, than our refusal of obedience, which we are obliged to give to any unlawful command whatsoever. To comprehend the merits of this cause in as few words as possible; The Church as founded by our Saviour and his Apostles is no creature of the Civil, but purely of the Divine Power and Authority; but this prejudices no Civil Power; because it exempts no person, Clergy or Layety, from any obedience naturally due to this Power. For the Law of Nature says, there can be no obligation to any thing unlawful, and Christianity obliges us in the strictest manner to obey our Governors in all cases, but this only: they can have no right to be Destroyers; but as it must be their duty to be Protectors of the Church; so the Gospel attributes to them all possible authority requisite to the discharge of this great and Divine trust.
This was the power which good Princes always exercised amongst the
Jews
, where the Law and Priesthood were entirely and expresly of Divine Institution, as any person must see that without prejudice reads the Histories of
David, Jehoshaphat, Hezekiah, Josiah
and others remarkable in the OldTestament; this is the power which Christian Princes, both before and since the usurpation of the See of
Rome
, have ever thought themselves entrusted with; and 'tis the very same power which the Church to which we here present belong, attributes to Our Religious Princes, as may plainly be seen in our Thirty Seventh Article, confirm'd by the approbation both of Church and State; where the Supremacy given to the Prince in Ecclesiastical matters was never intended to take away the Commission, which the Church and its Ministry derives from Christ, as the Author already mentioned very unfairly suggests; but as its principal aim was to exclude the Papal and all foreign power from amongst us; so it says expresly, we do not attribute to our Princes the Ministry of God's Word or the Sacraments, and that we give them that Prerogative only, which we see to have been given to all Godly Princes in Holy Scripture.
I proceed therefore to the third general Head of my Discourse, that the duties which we owe both to Church and State are not only consistent, but most perfect, when performed in Conjunction with each other; that our duty to
God
is the strongest motive to make us careful of that we owe to
Cæsar
, and Mens reverence to the Church the greatest possible security to the State.
I shall endeavour to make out this Truth as clearly as I can, both from Scripture and Reason, not doubting of a favourable attention in this place, nor regarding how little persons of loose and corrupted Principles may be inclined to receive any thing that is offer'd upon this Subject. And first, it must be observ'd that no person can have a conscientious Zeal for the Church, but out of a Zeal for the Divine Institutions contain'd in Scripture; and no person can have a due regard for these Institutions, but must be a religious and dutiful Subject of his Prince. Setting aside all useless Distinctions, the true notion of a religious Member of the Church, is one that adheres strictly to Scripture its great Charter, taking its words in their natural Sense, without forcing Interpretations upon them to make them comply with every notion and every practise of Man's chusing. Let this Holy Book be thus fairly interpreted; 'tis impossible Civil Power should be declared more sacred and inviolable than 'tis there declared: 'tis impossible Princes and Temporal Powers can demand more power than is there given them, if they will but allow themselves to be subject to God; or that Subjects should be more strictly and unexceptionably oblig'd to be dutiful to these Powers, allowing that they must obey God in the first place. The precepts and example of our blessed Saviour, his Apostles, and the whole primitive Church, is every where, entirely of a piece in this point. Our Lord allows not our Obedience to God without that to
Cæsar
; he paid tribute tho' he might have refused it without injustice, and submitted to the most unjust Sufferings for an
example
to the Church, as the Apostle tells us, 1
Pet.
2.21. when he might have had Legions of Angels for his Assistance. The Apostles and primitive Christians, as they kept most strictly to the Commands of God, and the Rights of the Church; so they did it in such a manner that their whole proceedings are undoubtedly the most ample Acknowledgments, the greatest Confirmations, and the most unparalell'd Submissions to the Temporal Power, that the World ever yet saw. 'Tis very disingenuous in Mr.
Milton, Gronovius
, and other Modern Authors, to say they wanted Power, else they would have resisted. The Learned
Grotius
, as if he had been alive and wrote against the Commentators upon his excellent Book,
de jure Belli & Pacis
, unanswerably takes off this imputation, by proving both from the Fathers and Historians of the Church, that there was a Power, had there been a Will, to have resisted. I cannot forbear repeating what
Tertullian
tells the Emperors themselves upon this Subject, tho' a very known passage.
Externi sumus & vestra omnia implevimus, urbes, insulas, castella, municipia, conciliabula, castra ipsa, tribus, decurias, palatium, senatum, forum; sola vobis reliquimus templa. Cui bello non idonei non prompti suissemus etiam copiis impares qui tam libenter trucidamur, si non apud istam disciplinam magis occidi liceret quam occidere?
The truth is, these Holy Persons who maintain'd the Church by the Command of God,
Grot. jure bell
, &c. 1. I c. 4.
thought the Principles of the Church oblig'd them to lose their Lives, rather than resist the lawful Powers, tho' punish'd by them for obeying the Command of God; these Principles they bravely avowed before Princes and Emperors, in the face of Torments and Death its self. There cannot be a greater security to a State, than such a Church as this; and such 'tis plain, if all History be to be credited, was the Christian Church in all Ages, till the Bishops of
Rome
began to usurp Authority over Princes: That Authority as it was never pretended to, till many ages after the Primitive and purest Times; so the Church whereof we here present are Members, have prov'd it to be an innovation and a corruption of Christianity, even to the silencing of our Adversaries. As we at our happy Reformation set aside this corruption; so our Adversaries themselves cannot but own that we retain the Doctrine of the Primitive and Apostolical Church: We hold the same Duties to
God
and
Cæsar
, the same Divine Institution of the Church, the same Rights of Obedience and Subjection, which the Temporal Power by Commission from God claims from us, and by consequence, I must add, that Our Principles are the same security of Loyalty to our Prince, that those of the Primitive Church were.
Should we depart from that Government of the Church, which the Apostles Instituted, and the primitive Ages universally received; should we with the Libertines of this age make all Churches, and all Religions indifferent; the same liberty that we must take with Scripture to make it agreeable with these Principles, would full as easily interpret away the Divine Commission of all Princes and Civil Governours: and 'tis matter of fact, that those who espouse this Latitude, with respect to the Church, do the same with respect to the State too; allowing our Princes no better security for their Crowns, than the will and approbation of an unconstant multitude. If any of Our Communion take up these principles; they are not principles of our Church, they are not the principles of Christ and his Apostles; unless we can suppose them to have wrote one thing, and both meant and practis'd another. These indeed are the principles that ruin'd both our Church and State, that Murther'd the best of Kings, and voted our house of Peers useless in the last Century; but thanks be to God, we have no need of such helps as these to justify our Nations later deliverance from Popery, Arbitrary and Foreign Power. I should be in hopes to prove this very sufficiently, would the time, which I have already almost trespassed upon, admit of it; and at present shall only observe, that in the Act made at the Revolution for settling the Crown, the States of our Realm do declare, That practises had been set on foot, which tended to the Extirpation of our
Religion, Laws, and Liberties
, which is indeed the Extirpation of our whole Constitution; that the
Government
was
Abdicated, and the Throne thereby vacant
; and therefore, to prevent Anarchy and Confusion, it was necessary for them, the only Power in being that could do it, to make provision for the Settlement of the Nation in its ancient Constitution, Rights and Liberties.
Primo. V. & M.
This was no appeal to the People as Supreme Judge; but the joint Act of all the parts of our legal Civil Power that could then be had; and that too in the greatest Extremity, as the Wisdom of the Nation judg'd it; all which is allow'd by the Learned
Grotius
, and other Authors; who long before these events among us, wrote in defence of the Rights of Princes against this Supreme Power in the People.
Grot. de Jure
, &c. 1. I c. 4. I 9. & 13.
And thus having finished what I had to offer concerning these two great Duties which we all owe to
Cæsar
and
God
; I am oblig'd to detain you only whilst I make an Application of the whole, that may be suitable both with this Assembly and the occasion of it.
And
First
, I shall beg leave to observe from what has been said, with particular regard to our own Country, how much it becomes Persons of Rank and Education to promote the Honour of the National Church.
I am sensible how much the present Congregation, and others that have met in this Place upon this Solemnity, are living instances of this truth; and that the mention of what ought to be, is the commenda tion of what actually is, in this respect. But it cannot be amiss to confirm worthy persons in worthy practises, especially since we cannot boast, that the World is very apt to imitate such fair Patterns. Is Scripture true? Is the Divine Institution of the Church there contained? Is this our National, a Sound and Orthodox part of the Catholick Church? If so, are not those in the highest degree oblig'd, to make their Actions speak their sense of these things, whose Education gives them opportunities of knowing them to be true more perfectly than others? Our Doctrine, our Canons, our Articles, our Homilies, and our Publick Forms of religious Worship, do all give to
Cæsar
the things that are
Cæsar's
, as sure as Scripture its self does. 'Tis manifest then, that those persons whose Rank, Influence or Authority qualifies, and therefore obliges them to be more serviceable to their Prince than those of a meaner Station can be, are in the highest degree concerned to maintain and assert these things of God; and besides the common Obligation of Christianity, have a particular one to their Prince and Country in this respect. We are at present, and God grant that we may long be so, bless'd with a Queen, who, if any Prince can possibly be, might be safe, even upon that loose and dangerous Principle, that the Supreme Power is in the People; so much does She not only merit, but possess the Hearts and Wills of Her Subjects to defend and serve Her; but this encreases, not lessons our duty of promoting the Reverence due to those Truths, that will make Her sit most secure upon Her Throne: if these be the Doctrines of Scripture, and the Primitive Apostolical Times; and if our National Church maintains these Doctrines; if it has suffered for them; if the Crown has suffered in the Church's Sufferings, and in the contempt and neglect of these its Principles in the Nation; if all this be matter of fact, as no person can deny it to be that knows any thing of this Nation: Then I must presume to say, the Church and Queen ought to be inseparable in our Affections and our Prayers; our Duties to
God
, and those to
Cæsar
are really inseparable; and as 'tis certain we cannot be dutiful to God; so neither can we be truly serviceable to our Country, unless we make it our conscientious endeavour to promote the practice of both these in conjunction with each other.
But
Secondly
, I must observe from what has been said, how much we are concerned to prevent the corruption of our Youth in their Notions of these great Duties to Church and State.
And if these Duties be Essential both to the Christian Religion, and the Security of our Government, as I hope I have prov'd them to be; then it must be own'd, that the present Age gives but too great occasion for this concern. Young Gentlemen cannot go abroad into the World, but they will meet with Persons that, even in their earliest Years, will endeavour to instil into them these Principles; that the Church is but what the State, and the State but what the People please to make it. No notice is taken of what God has made either, neither is Scripture called into the debate. They are amused only with a vain Notion of Liberty, Scurrilous Declamations against all Holy Orders, and misapplied passages out of our Civil, and perhaps Ecclesiastical Laws. Now as 'tis not I fear generally to be expected, that very young Per sons should be at the pains of searching these things to the bottom, and thereby detecting the fallacy
and
falshood; so that freedom from all manner of restraint, which these Doctrines carry a long with them, must appear very desireable, and be apt to gain a great deal of ground, unless where there is a very religious regard to Scripture upon the Mind, which must be own'd to be too much wanting amongst us. Should our Youth in this Age by this means be corrupted; our Nation in general must be so in the next. Could the Son of Man then find faith upon the Earth? Could either
God
or
Cæsar
expect his due? Were Religion and Conscience, and our Duty to the present excellent Constitution of this Realm, thus enervated and unhing'd; the Church its self would not suffer more in the contempt of its Divine, than our Princes, our Nobility and Gentry would do, in the precariousness and instability of their Civil Rights: this is undeniably a very melancholly prospect, and as undeniable 'tis, that the highest obligation lies upon all Estates amongst us, to take the utmost care that it may never come to be more than a prospect. If it be ask'd how this may be done; I must presume to answer by taking care of the Education of our Youth; that they may be put into no hands but where we may be secure, there will be no endeavours to corrupt them; but where they will, in their first years of Knowledge, be put in mind of Religion, be made acquainted with Scripture, be accustomed to their duty to God, and be made sensible, that 'tis no abridgment of their natural Liberty to be subject to the Divine Laws.
That such an Education as this may be depended upon in our publick Grammar Schools, as these early years grow capable of it, is apparent to all Persons that know any thing of the manner of them. That our Universities do more particularly aim at these great ends, where young Persons are of riper Judgments and come from the study of Languages to that of things, will I hope be denied by none, but those whose Principles we oppose, and endeavour to keep those under our Care from being infected with. For 'tis undeniable, that all Persons amongst us are oblig'd to be constant at Religious Worship, to be instructed in Divine as well as Human Knowledge, in the Doctrines of our Establish'd Church, and in their Duties both to that and the State; that Vertue is encouraged and Vice censured; nay I will add, that we actually have as few breaches of good manners amongst us, as any considering Person can expect in such numerous Bodies. Besides these things of the greatest moment; 'tis matter of fact, that Young Persons, in our Schools and Universities, do make, at least, as great Improvements in all parts of Human Learning as in any other places whatsoever; so that whoever puts all these Considerations together, and none can be a fair Judge in this Case that does not, must allow that our Quality and Gentry may much better expect to make their Sons Ornaments to their Country, by means of this our publick Education, than by putting them into any particular hands, where they are generally uncertain what Religion, what Morals or what Politicks will be infus'd into them.
To conclude with something yet nearer to the occasion of our present Meeting; as 'tis designed to pay a respect to Learning, and this sort of Education which I have mentioned; so 'tis certainly a most commenda ble instance of the Unanimity and good Correspondence between the Gentry and Clergy, for which this part of the Country is so deservedly Celebrated: 'tis an expression of our agreement, in approving and encouraging the best Service both to Church and State, the Instruction of Youth in the Rudiments of Learning, and the accustoming of them betimes to Religion. I may add, that one design of this Meeting is, our united endeavour to make the World take a just Notice of the Excellent and Successful care of this kind that's taken in this Place.
May God Almighty encrease in us all a publick Spirit, and an Affection for such good designs as these. May we never separate a Learned and Religious Education from each other; and always remember this great Truth, that our Temporal and Eternal Welfare, and the Interest of our Country, entirely depends upon our Observance of the great Precept in my Text,
Of giving to Cæsar, the things that are Cæsar's, and unto God the things that are God's
.
Which that we may all Conscientiously do, God of his Grace and Mercy grant, for the sake of our most blessed Saviour; To whom with the Father and the Holy Ghost, be ascribed all Honour, Glory and Praise, both now and for ever.
Amen
.
THE END.
A Funeral Sermon, Upon the Sudden And much Lamented Death of Dr.
Francis Upton
; Who Died
September
4th, 1711. Preached at
Black-Fryars
.
By
Samuel Wright
.
The
Memorie
of the
Just
is
Blessed
; but the Name of the Wicked shall Rot,
Prov. X.vii.
The Righteous shall be in
Everlasting Remembrance,
Psal.
CXII.vi.
LONDON
: Printed by
W. Hurt
, for
John Clark
, at the
Bible
and
Crown
in the
Old-Change
, 1711.
To Mrs.
Upton
Widow, and to the Rest of the Family and Relatives of the Deceas'd.
AT your Request the following Sermon is Printed: And as you have many Friends, yea Families that are Sufferers, and Mourners together with you, who will be desirous to Read it; so I promise my self that Your Approbation will very much Recommend it to Others.
MY Great Design hath been to do Service to the Living, whilst I have been paying this last piece of Respect to the Dead: And however I Succeed as to others, it is some Satisfaction to Think that I have not been wholly disappointed in my Attempts to be Serviceable to You.
AS you were pleased to Call me In to bear a Part in your Affliction, and to Assist you in the sustaining of it; so would I now Gather up a few of those Hints that have been Useful on this Occasion; believing These will be much more Accepta ble to you, than to fill a Dedication with Useless Complements.
YOU have a great deal to Quiet and Comfort you under the present Calamity. You have no reason to Question the Happiness of the Soul that is Departed; and it was a Consolation that our Blessed Saviour left with his Disciples at his leaving the World,
If ye loved Me ye would Rejoyce because I go to the Father.
And then again, you your selves have observed the Wisdom and Goodness of Providence, both as to the Time and the Manner of his Departure. He has Liv'd to see Things so far settled, His Affairs, and his Children so dispos'd of, and his House so set in Order, as must very much Allay your Sorrows. Add to this that it is the Will of God it should be thus with you; and He is certainly to be Rever'd in all his Dispensations; and He is able to make up the Widest Breach. But further, you have promised to Forsake all for Christ, when called to it, in your Covenant Transactions with him; you have sealed and agreed to be his Followers, even upon Those Terms, Math.
x.37.
He that Loveth Father or Mother
,
&c. That is, the nearest Relations, yea even his
own Life more than me
, is not
worthy of
me. And once more you know that the Time is short, and therefore this should Moderate our Griefs as well as our Joys. It is but a little while and Both will be at an End.
BUT you will give me leave to put you in mind that you have something more to do, than meerly to Bear this Affliction; it is your Duty to Improve it also. To lose such a Relation, and after that to lose the Benefit and Good that might be gain'd by this Exercise, would be a Double Loss; yea in the End the latter will prove a Much Greater, and more Grievous Loss than the former: The One you are Not Accountable for, the other you Are: The one is your Affliction, the other would be your Sin: God forbid that your Sorrow should be thus Aggravated and Encreas'd.
LET This therefore, be a Time of Watching and Conquering your own Spirits, that they may neither too soon throw off, nor too much Sink under, the Tryal; not to Despise and make light of such Rebukes on the one hand, nor to Faint under 'em on the other, is the Happiness and the Duty of a Christian. Let this be a Time of Retiring from the World, and Communing with your own Hearts, so as that You may become truly Acquainted with Your selves, and with the State and Condition of your Souls. I have heard it from you as a Saying of him that's Gone,
We never so well know our selves as by Afflictions.
Let your Sins, Now, be called to your Remembrance, and your Repentance Renewed while your Hearts are Tender, and humbled within you.
Blessed are they that thus Mourn, for they shall be Comforted
, Math.
v.
Let your Resolutions, now more than Ever be Fixed for God, and Heaven. Let those Affections which were set on your Dear Deceased Relative, now Go Up with him to that Place where Christ sitteth at the right hand of God. We should not only follow the Bodies of our Dead to the Grave, but follow their Souls to Glory; our Hearts should still Accompany them there, and we should long to be with them in that Blessed State where there are no Imperfections, where there will be no more Separations. In the mean time you should Give up your selves, and all your Affairs into the Hands of God; submit to his Conduct; trust in his Goodness and Mercy; walk in his ways; be sure not to forsake Him, and you may Rejoyce in the Application of that Promise,
Heb. xiii.5.
I will never leave thee, nor forsake Thee.
I know it is your Desire thus to do, and I shall not cease to Pray for that Grace that may Enable you.
I heartily wish you the Comfortable Enjoyment of your Remaining Blessings; and if it Please God, the Increase of them. I thankfully acknowledge Your and the Doctor's great Kindness to Me, and Mine; and since I am not Capable of making any Returns to Him, It shall be my Study, and Pleasure to do all I can as a Testimony of my Gratitude to You. May the Presence of God Accompany you in your Removes; may this still put you in mind of your Condition in This World, which is so aptly in Scripture Compared to that of Pilgrims, and Sojourners. And may all these things have so Good an Effect, as that the Joys of your Future Meeting a Deceased Husband, Father, or Brother, may abundantly Recompense the Pain and Agonies of your Late Parting. I am,
Your very much Obliged and truly Sympathizing Friend and Servant
,
S. Wright.
Bury-Court
, Sept. 24
th
, 1711.
- > The World will, I hope, Judge of the many Scandals that have, of late, been fixt upon the Dissenters, by the Paper that was, Yesterday, Cry'd about the Streets, and Sold for Dr.
UPTON's Funeral Sermon
.
A Funeral Sermon.
James IV.xiv.
latter part.
For what is your Life? it is even a Vapour that appeareth for a little time, and then vanisheth away.
TO Understand the Design of these words, we need not look any farther backwards than the preceeding Verse: In which we find the
Apostle
Correcting the folly of those who Lay their Projects and Contrivances for Worldly Gain and Prosperity, so as to leave the thoughts of God's Providence, and their own Mortality, out of their Schemes; as if they had both Life, and all its Advantages at their Command. The intent therefore of this Passage is, to Check the Man of Business and the World in his too eager and peremptory Determinations for the pursuit of present Things, by teaching him to submit All to the
Will of God
, who does alone dispose of our Times, and our Mercies.
Thus much also we are Taught both by the
Life
and the
Death
of our
Departed Friend
, as we shall see in the sequel of this Discourse. A Life so Busie, and so much under the Conduct of Religion; together with a Death so sudden and surprizing, cannot, one would think, fail of making very deep and useful Impressions. And how exactly our
Text
is suited to this
Melancholly Occasion
, will appear, if you Reflect on this one Circumstance; that He, who to all appearance was in Health at the close of one Day, lay numbred amongst the Dead in the Morning of another. Well may we say with the Apostle,
Ye know not what shall be on the Morrow: For what is your Life? it is even a vapour
, &c.
Every sudden Death we hear of, methinks speaks no less to us than this, that at the
present moment
, for any thing we know, we may be as
near dying
, as if our Friends and all about us had
given us over
for Dead; and therefore that it is not unfit to suppose our selves in such a Condition, while we are Meditating on this Subject. Thus let us set our selves seriously to Consider,
I.
The Description and Representation that is here given us of the present Life.
II.
Those things which may reconcile us to such an Account: And
III.
The Improvement which we ought to make of it.
I. Let us seriously Consider this
Description
of the
Present Life,
It is even a vapour that appeareth for a little time, and then vanisheth away
.
I shall not seek after any thing that might Surprize in this Metaphor, but only Enlarge a little on these Three plain and very obvious Things.
1. Our
Life
is said to be
a Vapour
, on the account of its
shortness: it appears but for a little time
. As an Exhalation that rises out of the Ground, or the Waters, may wander a while upon the Surface of the Earth or Seas, 'till having spent it self, it disappears, and is seen no more; so Life, which some have called
an active Spark struck out at the meeting of Soul and Body
, seems very sprightly and busie 'till the Vital flame is spent, and then it Languishes and is Extinct. And if it should reach the longest Term of its appointed Duration, yet may it very well be said to be but a
little time
; as in that known place in the XC
Psalm.
The days of our years are threescore years and ten; and if by reason of strength they be fourscore years, yet is their strength labour and sorrow: for it is
soon cut off,
and we flee away.
How does the
Scripture
every where abound with affecting Representations of this Truth! Sometimes Life is reduc'd to one of the least and scantiest measures,
Thou hast made my days as an Hands-breadth
: And in other Places, the shortness of Time is set forth by the swift motion of it.
My days
, says
Job, are swifter than a Weavers Shuttle
; which is no sooner thrown in at one side of the Web, but it is out at the other. If we look to the Sea, our
days
are said
to pass away as the swift Ships
; if upon the Earth, they are
swifter than a Post
: Or if we look into the Air, the
Eagle that hasteth to her Prey
, flyes not so swift as the wings of Time carry us,
Job.
ix. beginning.
Now tho' a Life of
Fourscore Years
should be thus described by those things which are but of a
few days
, it may be but a
few minutes
continuance, yet there is no Impropriety or Unjustness in the Representation; because
that Everlasting Duration
which the Scriptures all along have a respect to, will make the Life even of a
Methuselah
to seem but a moment; and when compared with Eternity, a Thousand Years are no more than a Point of Time: But when we consider how many Ages now go to make up such a Summ as a Thousand Years, and yet how few that live to what we call a full Age; such Comparisons as these, cannot but appear with a very moving Propriety.
2. Our
Life
is called a
Vapour
, to signifie the
Uncertainty
of it: For as such a Meteor never continues
long
, so it is always very
uncertain
; one moment spreading to a considerable magnitude, and the next dwindling away, so as to be scarce visible; Now it shines with a brightness that shall draw the attention of all about it, and in the twinkling of an Eye disappears, and is suddenly put out. Just such an Uncertain thing is Life, so continually in danger, and so quickly Extinguished. If I may speak in borrowed Language:
"When we consider this fearful and wonderful Frame of a Humane Body, this infinitely complicated Engine; in which to the due performance of the several Functions and Offices of Life so many Strings, and Springs, so many Receptacles and Channels are necessary, and all in their right Frame and Order; and in which, besides the infinite Imperceptable and Secret ways of Mortality, there are so many Sluices and Floodgates to let Death in, and Life out; we must say that it is next to a Miracle, tho' we take but little notice of it, that every one of us did not Die, every day since we were Born.
Tillotson
.
So many are the
Distempers
, and so many the
Casualties
with which the
Bills of Mortality
are filled every
Week
; some dying in the Bloom, and others in the Midst of their Days; some wearing away by slow degrees, and others on a sudden expiring; some in the midst of Business, and a full Employment, others in the midst of Honours, and in the Highest Stations; that upon the whole we find, in all Ages and in all Conditions, Mens Lives are at the same Uncertainties; Nay, sometimes Life is like a Vapour in this, that it makes the brightest Blaze, and draws the greatest Observation, when upon the Point of Expiring.
3. Our
Life
is compared to a
Vapour
, to show the
Irrecoverableness
of it when it is once gone:
it vanisheth away
. Thus Death is described by the
Psalmist, as a going hence and being seen no more, Psal.
xxxix. And in this sense it is said in the Book of
Job,
that Man lieth down, and riseth not 'till the Heavens be no more, they shall not awake, nor be raised out of their sleep
, Job xiv.12. What I Design by this, is to put us upon a suitable Attention to a Truth Universally acknowledg'd, but laid to Heart, as it ought to be, by very few. It is utterly impossible we should return to any of the Affairs and Enjoyments of this World, or into a second State of Tryal and Probation for a future World, when once Death hath passed upon us. Our Condition then is for ever determin'd, and our Place of Abode for ever fix'd; so that
in the Place where the Tree falleth, there it shall be
, Eccles. xi.3.
Hence it is that the Wise Man prefers the Living to the Dead, because
the Living know that they shall die
. Those that have once miscarried in Dying, can never amend, or correct the Mistake; but those that are still Alive, have the Priviledge of looking to their Approaching Dissolution, and of preparing for it, as what is
yet to come
.
Before I leave this Head, it may not be improper to Observe, that our
Text
does not say the
Soul
is a
Vapour
that vanisheth away, but the
Life
is so. The Soul 'tis true goes forth with the Breath, but it does not lose either its Being, or Activity, by its separation from the Body: and those, who would argue any thing from such Passages as this, to the debasing of Humane Nature, and putting it upon a Level with that of Brutes, do show indeed what they could wish might be, not what in Reason appears to be, the Sense and Import thereof. There is one Place in the
Ecclesiastes
, that has been strangely perverted by such; which I would take this Opportunity to set in its true Light; and that is in the iii
Chap.
19,20,21 verses;
For that which befalleth the Sons of Men, befalleth Beasts, even one thing befalleth them: as the one dieth, so dieth the other, yea they have all one breath; so that a Man hath no pre eminence above a Beast, for all is Vanity.
To understand which, the Intent of
Solomon
throughout the whole Book ought to be kept in view; and that is to consider the several States of Life, and the Notions of Men, that could make any pretensions to a satisfying Felicity. And it is very evident that here he is only Personating a Voluptuous Arguing Infidel; or it may be representing his own way of Talking, when carried away by an Atheistical Profane Spirit. I read it therefore as an account of what those Men think, or if they could, would think, who chuse to live like Brutes, rather than as Reasonable, Immortal Creatures. Thus he represents 'em as going on: Some tell us indeed of the Soul of Man surviving the Body, while that of Beasts perishes,
but who knoweth the Spirit of a Man that goes upward, and the Spirit of a Beast that goes downward
? who ever saw either of these ascending, or descending, or who can pretend to give such a distinct
Account
of them? Thus deriding the Thoughts of their Immortality, they resolve all into this; that
nothing is better than for a Man to rejoyce in his own works here, as his Portion and Happiness
: But that this Oracle of Wisdom only brings in these things to Condemn them, is evident from that most plain and express sense of the Matter, which he gives us as his
own
afterwards; xii
Chap.
7. ver.
Then shall the dust return to the Earth as it was; and the Spirit shall return to God who gave it.
So that while Men talk at this rate, they only prove themselves of the number of those whom
Solomon
there Describes; not of those who believe and Understand things as he did.
But it is fit we should turn away from such as are thus Careless and Unreflecting, to support and assist those that are apt with too much Melancholy and Uneasiness to Muse on their present Frailty, and Mortality; which is what we have propos'd under the next Head.
II. To Consider those things that may
Reconcile us to this account of Life
. And it is absolutely necessary in order hereto, that we lay together, and pursue a while, some such Thoughts as these.
The Great Author of Nature, whose Wisdom and Goodness are Infinite, having made Man an Intelligent Rational Creature, must have design'd and intended him for some End suitable to such a Being, and such Capacities. The utmost of what Men enjoy and arrive at here, falls vastly short of such an End; and the whole World is no more able to Satisfie, than it is to Redeem a Soul: But look we stedfastly into the Heavens, Survey the Glories, and consider the Employments of those that are Immortalized there; and then look back upon the present Life, as it referrs and leads to that Blissful Eternity; and we are no more distress'd to think of the Shortness, the Uncertainty and the Irrecoverableness of it.
This will reconcile us to the Thoughts of
appearing here but for a little time
; since we see a better and unspeakably more desirable State in the Future, than any Condition can be in the Present World: So numerous and so grievous are the Calamities of this Life, that instead of bewailing the
shortness
, many have
complained
of the
length
of it; and have sought for
Death, even as for a hid Treasure
: All which Miseries are intirely and for ever removed from the Soul that gets to Heaven; and innumerable Joys and Pleasures are its Portion in their stead.
And tho' Life be very short, yet it is
long enough
for this
Great
and
Main Work
, our
Preparation for Heaven
. We are indeed fallen from our Creator, and therefore we suffer a while under the necessary Consequences of that shameful Apostacy; but as God has set on foot a Design of Recovering us out of this State of Sin and Misery; and has sent his Son to publish his Grace and Good-will to Sinners; and by his Death to make Satisfaction for the Sins of all those who sincerely believe in him, Repenting and turning unto God thro' him: So as soon as we are brought to a Compliance with these Terms, and made prevalingly desirous of God's Favour, and possess'd with all those Great and Good thoughts of him, which may fit us for an Everlasting Fruition, our Work is done: and nothing more remains, if we should abide never so long here, but that we
continue
in his
Love, holding fast
the Profession of our
Faith
, being
stedfast
in the Performance of our
Duty
, and enlarging our Thoughts and Desires still more and more according to the Means and Helps we have for that purpose. And the shorter Life is, when it comes to be thus employ'd, the sooner do we receive the
End of our Faith, even the Salvation of our Souls
, 1 Pet. i.9.
I am sensible that Life is much too short to accomplish all the designs of the Men of Learning, or of Politicks, or of Business; but if you will believe One who was acknowledg'd to be a Person of the greatest Learning, and who had been employ'd in the greatest Concerns, those of Courts and Kingdoms; He speaks both of his Severe Studies, and of his several Embassies, as a Busie Idleness; and at last cried out,
Ah vitam perdidi operose nihil agendo
.
I have lost my Life in a Laborious doing of nothing
. Upon which it is very just to Conclude, that our main Work and Business is not to manage Affairs, or to search after the Wisdom of this World, but to get acquainted with, and prepare for Another; and that a very short Life duly improved, would be long enough to do.
But further, when we consider the
Uncertainty
of Life, the Prospect of an
Eternal State
will in This also Relieve and quiet our Thoughts. We know not but we shall Die before to Morrow; but we know that if we are
ready
, a Surprizing Death will be only a Surprizing Happiness; and there is nothing more likely to make, or keep us
ready
, than a constant Expectation of our Departure.
Universal Experience shews us, that nothing less would be a restraint upon the Wicked, or a prevailing Excitement to Watchfulness, and Diligence in the Righteous themselves, Let but the
Unfaithful Servant
once
say in his Heart that the Lord delays his Coming
; and all his Appetites, both the Angry and the Voluptuous, as Doctor
Bates
somewhere observes, are immediately let loose; He begins to
smite his Fellow Servants, and to Eat and Drink with the Drunken
; yea, the Good Man too would be apt to grow very remiss and negligent, were it not for such a Text as that;
Watch therefore, for ye know not what hour your Lord doth Come
, Matth. xxiv.42.
The keeping us at Uncertainties, and Hiding from us the particular Time of our Death, may be consider'd as Serviceable to very great and wise Purposes, even at Present; but much more does it satisfie and calm the Mind to consider this, with respect to Eternity.
See
Sherlock's
Practical Discourse Concerning Death
. p. 227.
&c.
It is, I confess, very Trying to see a
useful
Life
snatch'd away
on a
sudden
; and with It a great many Generous Designs falling to the Ground. If ever we might wish or hope for a Certain Continuance of any Life, it would be such an One; but even in this Case we may rest satisfied that the Dying Party does not lose the Reward of what he wisely and piously
design'd
, no more than of what he has already
effected
; many times Such are taken away from the Evil to come. And for others who are Sufferers by such Strokes, they frequently prove a seasonable Rebuke to our Sins, a means of cutting off those Prospects and Expectations, that might fix our Hearts on the Creature, instead of God, and so very much promote our Piety and Heavenly mindedness. And after all, we are sure, that a future State will Explain the darkest Passages to our full Satisfaction. And that however uncertain and
accidental
these things may seem to us Here, yet Hereafter we shall see that all has been done according to the
Wisest Counsels
, and by the most
Unerring Rules
.
I need not add much to quiet us under the Thoughts of the
Irre-coverableness
of Life; because what is said of this, we find Persons generally more satisfied with. When we consider the Death of our Friends and Relations, we quickly fall in with that of
David
, ii Sam. xii.23.
Now he is dead wherefore should I fast? Can I bring him back again? I shall go to him, but he shall not return to me.
And when we consider it as our Own Case, it is enough to think, that we have fair and frequent Warnings before hand; which if we hearken to, we may obtain a
better Life
, in a
better World
, though we cannot return again to
this
. So that, if we are Irrecoverably Miserable, we must take it to our selves, since we would not be perswaded of our Danger, nor brought to our Duty: And if we are Unalterably Blessed, we shall have no reason to lament our being taken from this Earth, tho' never more to return to it.
That it may be thus with us, let us now seriously attend to
III. The
Improvement
which we ought to make of these Things.
1. From hence we may Learn how to
Manage
, and
to behave our selves with reference to the Affairs and Enjoyments of this Life
. Since our Life is but
as a Vapour that appeareth for a little time
, the Apostle argues that we should not
presume
upon Futurity, nor
act
as those that Do so.
Go to now, ye that say to day or to morrow we will go into such a City, and continue there a year, and buy and sell and get gain; whereas ye know not what shall be on the Morrow,
&c.
It is strange that Men should be more concerned to lay in for future Years, than for a future Eternity; when it is so seldom that they live to see those Years, and so certain that they must enter into Eternity. Is not He very justly Condemn'd for his
Folly
, who promised himself a Long time to come, when he had not a Day to live? In strict speaking it can be call'd nothing less than
Distraction
for Persons to follow such an Example, when it proves such an instance of Ruine and Disappointment. I would not be understood as arguing against a Prudent Concern for the Time yet before us; but against all
boasting and presumptuous Confidence
of what we
will do
, or what we
shall enjoy
hereafter. And if it was possible to Correct so Bold and Projecting a Temper, one would think the foregoing Considerations of the shortness, and uncertainty, and irrecoverableness of Life would do it.
So Those, who are promising themselves a variety of future Pleasures, and Indulging a vain Romantick Imagination in all its delusive prospects, should methinks lay aside such Gay and Flattering Conceits, and become so Wise as to transfer all their high Expectations of a Real Happiness to Another World.
I wonder the Thoughts of sudden Death, and the Consequent Misery of them that
forget God
, does not spoil the Sinful Mirth and Jollity of the Voluptuary; and Arrest the Busie Worldling in his Criminal pursuits of Wealth and Riches: and surely they could not stifle or dismiss such thoughts as they Do, if ever they apply'd 'em to their Own Case: But whilst they allow that Life is a
Vapour
; that many who are in Health, will in a few Days or Months, be laid in their Graves; yet they never reckon
Themselves
amongst the Number. Should a Voice from Heaven tell such an one by Name,
this Night thy Soul shall be required of Thee
; how would it startle his Mind, and turn the whole Current of his Thoughts and Designs?
But will such say, This is the way to lose all our Delight and Pleasure, and make us neglect our necessary Concerns, to be Always under such apprehensions of the Nearness and Approach of Death: To which I would Answer. And fit it is certainly, that both your Sinful Pleasures, and your Sinful Cares should be abandon'd, by
the daily considering of your latter end
: which being done, this would never rob you of any Licens'd Pleasure, or hinder you in any Lawful Business, only it would make you
wise
in both. To illustrate this by a plain Similitude; you may be liable every Night to be surpriz'd by Thieves and Robbers; this may make you Careful in the Evening to lock and Bar your Doors and Windows, but it does not prevent your going to Bed, or break your Repose: So may we daily be in Expectation of Death, and provide against it, but it needs not to break in upon, either the usual Business, or Refreshments of the Day.
In short, whether we are mourning for the Want, or rejoycing in the Use, or aiming at the Purchase, and procuring of any Temporal Blessing, we should keep in mind that of the
Apostle
, 1 Cor. vi.
They that weep
should
be as though they wept not: and they that rejoyce, as though they rejoyced not: and they that buy, as though they possess'd not: and they that use this World as not abusing it; for the Fashion of this World passeth away.
2. Let us from hence be Instructed to set a
higher value
upon, and be more
Careful about, the Welfare of our Immortal never dying Souls
. Let us no longer set our Affections upon that which is vain and fleeting; nor prize, as we have done, the Enjoyments of a Life that is no better than a
Vapour
; but let us mind more those things which tend to raise
and
Ennoble our Spirits, and to Exalt us to the Life of Angels, and the Immediate Presence of God. It is said of
Pythagoras
, that he gave himself up for some time to those
Exercises
that might add
Strength
and
Agility
to his
Body
, and Enable him to Excel in the
Olympick Games
, till he heard
Pherecydes
talking of the
Excellency
and
Immortality
of the
Soul
; and then he made it his Business to advance in
Knowledge
and
Vertue
. How will such Instances as This Reproach and Condemn us, if notwithstanding all the Great Things that, we hear and read, our Souls are made For, and Capable of, we still debase their Noble Faculties, only to pursue the Things of Sense, and of this uncertain Life? And shall that Invaluable Being; that precious never dying Spirit be made away with for the sake of Trifles? and all its best Thoughts and Affections fix'd upon that which
is not
, and from which in a Moment it may be snatch'd away?
Shall it still be said of any that they Act so like Children, or that from Children, they are become Brutes instead of Men? you may show indeed the Man in this, that the Rational Powers do exert themselves with greater vigour; and whilst you seem to Act Rationally, you may with some Reason, Argue and plead for what you do; but are not your Principles and your Ends still the same, or worse than what they were in your Minority? and is it not Sense and this Life that you are still Catering for?
Men take it for Granted, that such and such Appetites are to be Gratified, and that they cannot be Happy except it be so; when the only way to the Happiness they propose, would be to Unravel all their Actions to their very First Motives, and Principles, and to change and alter These. And Oh! that I could but prevail with the Sensualist to take such a Course as this, and I durst answer for it, that his Schemes both of Thinking and Acting would be changed Infinitely for the better.
But who is sufficient to perswade such? they have heard over and over the most affecting things, even till they are Steel'd and Hardned with them, till they can sit and Sleep under 'em, or go away and make a Jest of them. Tell 'em they know not what shall be on the Morrow, their Lives are a
Vapour, &c.
the Judge is at the Door, and their Damnation is at hand; they have heard all this so Often, and have thought of it so Little, that it is become no more than a Sound, that reaches only the Ear, and is lost, as soon as heard. Beseech 'em by all that's Solemn and Sacred, by all that's Great, and Important, to take Care of their Souls; tell 'em with a
Dead Corps
, or the
Ensigns
of it before their Eyes, that in a
little while
it will be So with them; yet you might as well speak to the Dead themselves, as to such. But thine Almighty Voice, Blessed God! can raise the Dead; do thou therefore speak the Word, and those that are Dead in Trespasses and Sins, shall immediately Live!
And now since the Gospel Informs us that Christ Jesus alone
has the words of Eternal Life
; this should Engage us to give up our selves to Him, as the only way to be Saved from Sin and Death; and so to believe in him, and follow him here, that we may be
with him where he is
, and may
behold his Glory
, Joh. xvii.24. Let us then Enter our Names, and List our selves under his Banners; submit to his Discipline and Appointments, constantly Serving and faithfully Adhering to him, as not doubting but he will be the
Author of Eternal Salvation to All them that obey him
.
Let us never forget the Import of that Great Name,
A CHRISTIAN
; but according to the
Apostle's
Admonition,
Let every one that names the Name of Christ, depart from Iniquity
: and in Imitation of his Brave Spirit and Example,
forgetting those things which are behind,
let us
reach forth unto those things which are before, pressing toward the Mark for the Prize of the High Calling of God in Christ Jesus
, Phil. iii.13.
3. Let the foregoing Considerations put us always upon the
best Improvement of our present moments
. Time is justly esteem'd more Valuable and Precious than Gold or Jewels, or the greatest Treasure, because it is not to be Regain'd when once gone from us. Other things if lost, may be found, or purchased again, and may be had with advantage; but our Time, when once past, can never be Liv'd over again, nor can we Purchase one Expired Day, if we would give ten thousand Worlds. Your greatest Offers, and most passionate Intreaties when you Come to Die, will not prevail for One of those Hours that now it may be you think a Burden, or are trifling away.
I wish those that as
Job
speaks,
take the Timbrel and Harp, and rejoyce at the sound of the Organ; that spend their Days in wealth,
or in mirth
, and in a moment go down to the Grave
, Job xxi.12,13. would for this once be perswaded to a Serious consideration of what has been said. It is a Noble Passage of Sir
Francis Walsingham
, when some of the Courtiers came to him, to divert him, being as they apprehended in a Melancholy Fit, He cast a damp upon all their
Gayety
, by thus Explaining his Thoughtfulness to 'em.
"Ah! my Friends, while we
Laugh
all things are
Serious
round about us;
God
is
Serious
, who Exercises such Patience towards us;
Christ
is
Serious
, who shed his Blood for us; the
Holy Ghost
is
Serious
, who striveth against the onstinacy of our Hearts; the
Holy Scriptures
bring to our Ears the most
Serious
and
Important
things in the whole World; the
Holy Sacraments
represent the most
Serious
and awful Matters; the whole
Creation
is
Serious
in serving God, and us; All that are in
Heaven
, and in
Hell
are
Serious
; How then can a Man that has
one Foot in the Grave, jest and Laugh
? I am sure this ought to be Consider'd by those who spend their Whole Time in a vain and Irreligious Merriment: The Healthiest in the World, may for any thing they know, be as Near the Grave, and so may as properly be said to have
one foot in it
, as this Person was.
Since you know not what may be on the Morrow, don't lose this Evening; Go Home, set your selves in a Thinking Posture; and whilst you are
Musing
, it may be your Hearts may
burn
, and be
inflam'd
with some such
Ardent Request
, as that of
David,
Lord! make me to know mine End, and the Measure of my Days what it is, that I may know how frail I am
, Ps. xxxix.4.
Let such Thoughts as these
abide
with us also; and let 'em Engage us to
Live Daily
, as those that
Die daily
; so as that with every Setting Sun we may be able to say,
Whether to morrows Sun rise, or not, we have lived to Day
. And so may we close our Eyes every Evening in the Comfortable hope of opening them either with the Mornings Light, or in Eternal Day.
I shall now add something concerning the Mournful Subject that has occasion'd this Discourse, and so Conclude.
THE Publick
News-Papers
have already told you that Dr.
UPTON
, an
Eminent Physician
in this City is
Dead
; and I beg leave to Publish it, that he was an
Eminent Christian
too: A truly Good, as well as a Great Man; whose
Memory
as it is
blessed
, so it ought to be
preserv'd
.
I cannot, I confess, be of the Number of those who are so very Judicious as to drop all Characters of the Deceas'd; nor yet would I
give Flattering Titles to any; for in so doing, I know my Maker would soon take me away
: But I have sometimes found as to my Self, and have frequently observ'd it as to others, that the Recommending any part of Religion by an Example, has been of very great Service; and I would not lose One Witness to Christianity, let the Enemies of it say or think what they will on such Occasions.
No body can be so weak as to suppose, whilst we are speaking of what was Excellent, and commendable in Any, that they had not their Frailties and Imperfections; for many such there will be when we have done our best; but surely That will never stand for a Reason why we should either not speak of, or not Endeavour to Imitate their Graces.
For my own part I am not yet sensible of any Mistake, in thinking that the
most Private Life
and
Character
may be of Use as well as those of
Statesmen
, and
Princes
; nay the former must suit the Circumstances of a greater part of the World than the latter does; there are unspeakably More in a Low than in a High Condition. And if this should put any upon expecting the like to be said of them, or Theirs, when they have done nothing to deserve it, I see no Difficulty in Declining it; nor should I ever trouble my self with what the Consequence of so doing, might be.
I hope you will pardon this Digression, for as such I desire it may be look'd upon, since it might have been spared at present.
As to the Extraction of our Departed Friend, (for a Friend I am sure I have abundant Reason to call him) he descended from a very Ancient and Worthy Family: and what he chiefly Gloried in, from such as truly Fear'd God, and did Great Things for him in their Day. He went thro' all that is usual in the Schools and Colleges, to fit him for his Design'd Employment in the World; and all that knew him, must allow, that both his Genius and Acquirements were Extraordinary.
I might follow him in the several Scenes of his Life, to his last Settlement in the Place where he died; and from several Passages out of his own Mouth, as well as what I have heard from his nearest Relative; a many very Instructive Things might be Set to View, but I rather chuse to insist upon what I have observ'd my self in that Intimate, tho' alass, too Short Acquaintance I have had with him.
And I would particularly Consider his
Life
and
Example
, as it may Enforce what I have been Explaining, and Pressing in the foregoing Discourse.
He was not one of those that Promis'd himself, or that acted upon a vain Presumption of Long Life, He had frequent Warnings of the Contrary, by Bodily Indispositions; and tho' He was of a very Cheerful and Sprightly Temper when free from Pains and Disorders, yet would He never put far from Him a Dying Day. He knew how to maintain a Sense of his Mortality without Uneasiness, and in the midst of Business.
He was far from setting his Heart on any Gains or Grandeur in this World; as his great Generosity in the whole Course of his Practice of Physick does abundantly prove. And as the Holy Ghost has seen fit to Record in the
Acts
of the
Apostles
, the little Eulogies of those who wept over the dead Body of
Dorcas
, speaking of the Coats that she had made for 'em, and the Kindness she show'd 'em whilst Alive; so may we very well take notice in the present Case of those who are lamenting the Loss of Dr.
UPTON
, and speaking to one another of the Care that he took to Save their Lives, and Heal their Diseases; and who have this to add to all, that He did it
freely
too.
How many Persons have I my self heard Crying, and saying,
He would not take anything of Me, and yet as ready to Help me, as if I had given him never so much
. He had as great Opportunity for getting a Large Estate, as many of those who have been most talk'd of on that account; and perhaps none in his Station more Fully Employ'd: But he all along show'd that he took more pleasure in doing Good to Others, than Enriching himself. He has indeed taken Care to make a very handsome Provision for his Family, and a Double Blessing I doubt not will accompany what he has left; but I may very safely say it would have amounted to several Thousands more, if he had been of the Temper of some others.
I mention this to let you see upon how much nobler a Principle He acted than that of the Generality,
to get all they can
; and how very Remote his Spirit and Behaviour was, from that which our
Text
is brought to Reprove; and it will further appear to have been the Reverse, if we Consider the Serious Regards that he always had to the
Will
and
Providence
of God.
His Piety was very Inward, and free from all Affectation, but yet very Real, and fruitful, and full of Good Works.
He was always possess'd with Awful and Honourable Thoughts of God, and could not hear his Name Blasphem'd without great Uneasiness, and Concern. He was firmly Establish'd in the Belief of
Revealed Religion
, and that not without Considering, and being well acquainted with, the most prevailing Cavils of Infidelity. He knew what Stress to lay in this Matter upon the Inward Testimony of the Spirit; and could look to the Vital Renewing Influences thereof upon his own Soul: It was in his account,
a faithful Saying, and worthy of all acceptation, that Jesus Christ came into the World to Save Sinners
. These Heads, and many more some time ago I have had occasion to talk with him upon, when Discoursing on those words,
Rom.
i.16.
I am not ashamed of the Gospel of Christ, for it is the Power of God unto Salvation to every one that believeth.
He lov'd the Publick Worship of God, and would always Contrive the Visiting his Patients, if possible, so as to give his Attendance Once at least every
Lords-Day
. And when he was Absent, He was Employ'd either in Works of Necessity, or Mercy. As to the
way
in which he chose to Worship God, it was with the
Moderate Dissenters
; for so I think I may call this Assembly: and such a one I am sure he was: Very Charitable in his Sentiments, Loving and Valuing true Goodness wherever he saw it. He had the highest Esteem for your late
Pastor
, the Admirable Mr.
Sylvester
, whom he us'd to call his
Spiritual Father
; and he continued a Kind and Faithful Friend to him, notwithstanding his Discouragements from others. He did not forsake your Assembly at the Death of that
Valued Man
, as too many in other Places have done upon such a Remove; But he still appear'd as a very great Encourager, and a Support to us ever since. He has always maintain'd his Resolutions of standing by us; and even at a time of the most violent Assaults upon us, when our Place of Worship was Demolish'd, and we every where Insulted, He was not asham'd of Us, or our Cause. He well knew how to Interpret, and what Use to make of the Scandalous Falshoods that have been Publish'd to Exasperate such as were Ignorant of us, and to set them against us. He look'd upon our
Interest
, in the midst of all the Contempt that was cast upon it, as what did not
deserve
to have been so Treated.
The greatest Thing indeed he us'd to say for the
Dissenters
was, that he lov'd their Serious and Affectionate way both of Praying, and Preaching; and that he always found himself the better for it. As Prince
Henry
once said upon hearing the
Puritans
of those Times talk'd against:
That he knew not what they call'd Puritan Preaching, but he lov'd that Preaching best, that went nearest his Heart
. So would the
Doctor
in some such manner as that, often Plead for us. I mention these Things, in hope that they will not be look'd upon as Eclipsing Him, but rather as Reflecting an Honour upon us.
To proceed, he was Careful to keep up Religion in his Family, as well as in Publick; and I wish those who make Business a Pretence for the Neglect of Family-Prayer, would think of the constant Hurries of such a Life as His; and withal Remember that he did not on the account of these, Live in the Omission either of his Private or Secret Devotion. He was very Serious in his Preparations for a Sacrament; and tho' he had not so much Leisure as I have heard him sometimes wish for; yet still did he always maintain a Sense of the Solemnity and Importance of such an Institution.
He was a Hearty Friend to the Ministers of all Denominations, and upon all Occasions ready to Help either them or their Families when sent for, without Fee or Reward,
He was a Person of a truly Publick Spirit, heartily Concern'd for the Welfare of his Country, Studious of those things that might make for Peace; and wisely sensible of the Dangerous Consequences of our Heats and Divisions.
He had a Tender Love for his Relatives, behav'd himself Wisely in his own House, and lov'd to be in it as much as he could. And tho' his frequent Pains, and constant Fatigues, might sometimes shorten and ruffle his Temper, yet there was never any abiding Disgusts, or any abatement of his hearty Affection. As the
Master of a Family
he was Provident, and Rul'd well; as a
Husband
he was Kind and Engaging; as a
Father
he was truly Solicitous about the Good of his Children, both in this, and a better World. He has indeed out of many, but Two that Survive him, a
Son
, and a
Daughter
; the one he has lately settled with a Merchant of good Repute in this City; and the other he has Married to a Person very suitable, and desirable to the Family; and one who I hope was sent in Mercy against such a Time as this.
He was Liberal, and Bountiful to those that were in Want; and his Charitable Contributions both Yearly, and Occasional, were very Considerable; He always desired that, instead of making a Show at his Funeral, by Inviting the Rich, he might have the Poor call'd in, and Reliev'd; which Desire has been fulfill'd.
He had a true Relish of Friendship, a good Taste in Conversation, and was himself, in the general, as Entertaining and as Profitable as any. In his most pleasant Hours I never found him unfit to turn to a Serious Subject; nor did his Seriousness in the least spoil or lessen his good Temper. If there were any whose Manner he could not fall in with, he had the Wisdom not to attempt it. He was open, free and easie? and was as far from Stiffness and Affectation in his common Behaviour, as in his Religion. He had no forbidding Jealousies, or Fears of wanting a due Respect from those he Convers'd with; but took a way rather to Invite a Familiarity, than to keep his Friends at a distance from him. This part of so lovely a Character, makes me forget my self. I must Conclude it, and that I shall do, with what adds a Lustre to all.
He was a Man of great Humility, very sensible of his Frailties, and of a Contrite Spirit, with respect to God: How Devout and Affectionate have I seen him at a Sacramental Table! He was not asham'd to speak of his former Difficulties and Troubles; He lov'd to Recount the Kindnesses of Providence towards Him, and His. And yet he never would Boast of his Successes; nor did he Rise at all in the Conceit of his Merit thereupon. He was far from Censuring, or running down any in the way of his Profession, to Advance himself. He would go to the Meanest in their Afflictions, as well as to the Rich and Great. He was strangely averse to the making a Show in the Eyes of the World; and it was his Constant Desire to be Carried as Modestly
out
of it, as he had Lived
in
it. His Body was accordingly
Interr'd
as privately as might be in the
Parish
where he Dwelt; and where others of his Relations had before taken up their Rest. Thus was he gather'd unto his Fathers, in the Fifty fourth Year of his Age.
The Manner of his Death I told you at the beginning of this Discourse was sudden, being apparently Well at his going to Bed, about Eleven a Clock, and struck with Death before Two in the Morning; tho' he did not actually Expire till about Nine. Some, Things have been already hinted, that may quiet our Minds under such a Surprizing Stroke, and I must not now stay to Enlarge.
Let the Impressions that have now been made, Abide with us; and if you can carry away no more, yet be sure to Remember, and often call to mind this Text:
He know not what shall be on the Morrow; For what is your Life? it is even a vapour that appeareth for a little time and then vanisheth away.
Such an Example, and such a Decease must surely be very Instructive to us. He Died in the midst of very Gainful and Reputable Business; He died in the midst of many Distinguishing and Comfortable Enjoyments, and many Fair Prospects; He Died generally Desired, and Belov'd, as we see by his being so Universally Lamented: And he Died so suddenly, that he had but just time, after his first Seizure, to Bless his Family, before he lost his Speech, and his Senses. He that hath Ears to Hear, let him Hear the Voice of such a Providence, which so loudly calls to us in the
Language
of our Blessed Saviour,
Be ye also Ready
. And if He, who, while
Living
has been Instrumental to
Save
so many of our
Lives
, may but by his
Death
promote the
Salvation
of our
Souls
; this will turn our present Sorrow and Distress, into after Thankfulness, and Praise.
May this be the Comfortable Consequence of so Sad a Day to his Mourning Relatives! that Almighty God may be instead of a
Husband
to the
Widow
, and instead of a
Father
to the
Fatherless
. And may it be to all of us a Means of Disgracing this Visible, and Realizing an Invisible World; that when it shall be said of one and another of us, as in little Time it will be,
They are Dead
; it may also be said, as we have abundant Reason to add in the present Case,
They are Happy
.
Which God of his Infinite Mercy grant, for the sake of our Lord Jesus Christ, who was dead, but is alive, and lives for evermore; to whom be all Glory, Power and Obedience, World without End
, Amen.
FINIS.
The Dignity, and Benefit, of the Priesthood; The Lawfulness of Marriage in the Clergy; The Hardships of Them, and their Families, in This Nation; and The Excellency of the Charity by which they are relieved,
&c. Set forth in a SERMON
Preached
before the SONS of the CLERGY, AT THEIR
Anniversary Meeting
, IN THE CATHEDRAL-CHURCH OF St.
PAUL; December
8, 1720.
By
Joseph Trapp
, M.A.
Published
at the Request of the
Stewards
for That Year.
LONDON
: Printed for
Jonah Bowyer
at the
Rose
in St.
Paul's Church-yard
, 1721.
To the
Reverend
and
Worthy
William Lupton
, D.D.
Thomas Westley
, M.A.
Prebendary of
Wells
.
Thomas Croft
, M.A.
John Hill
, M.A.
And to the
Worthy
Mr.
Samuel Sheppard
,
Mr.
James Lisle
,
Mr.
Joshua Symonds
,
Mr.
John Rogers
,
Mr.
Thomas Jones
,
Mr.
Thomas Sympson
,
Mr.
George Sibbald
,
Mr.
Thomas Martin
,
STEWARDS
For the late
Feast
of the SONS of the
CLERGY
, THIS
SERMON
,
Preached
and
Printed
At Their Request, Is DEDICATED, By their most Affectionate, Humble Servant,
Joseph Trapp
.
2 Kings IV.I,2.
Now there cried a certain Woman of the Wives of the Sons of the Prophets unto
Elisha
, saying; Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord: And the Creditor is come to take unto him my two Sons to be Bondmen.
And
Elisha
said unto her, What shall I do for thee? Tell me, What hast thou in the House? And she said; Thine Handmaid hath not any thing in the House, save a Pot of Oil.
THE Imperfection of our mortal State is in nothing more evident, than in This; that it's very Pleasures are founded upon Pain: As the Pleasure of Eating and Drinking, for example, upon the Pain of Hunger and Thirst. Of the same Truth our present Assembling together is another Instance. For though it be in it self of a festival Nature, attended with sacred Musick in the House of God, and at least, with innocent Musick in the House of Feasting; all which is perfectly proper; since we meet upon so delightful a Design, as That of promoting the Relief of the Needy, and mutual Love among Our selves: Yet so it is, a melancholy Subject lies at the Root of all; and our Rejoicing is grounded upon our Mourning: As That Last again is upon the Mourning of Others. The Tears of Widows and Orphans are our Summons to This chearful Meeting: Which yet ought to be a chearful one, because the End of it is to contribute what we can to wipe Those Tears away. The over-ruling Providence of God has been pleased, for Reasons infinitely Wise and Just, to
set
These Two, the
One over-against the Other
; as the Royal Preacher expresses himself concerning Prosperity and Adversity.
Eccles. 7.14.
The very hearing of my Text at This Time, naturally suggests the foregoing Reflection. Since it is entirely applicable to This festival Occasion; and yet gives us an Historical Account of an Incident, to the last degree distressful. An
holy Man of God
is just dead; leaving his Family in such miserable Circumstances; that his Widow is crying out for Help against a Creditor, who, in defect of Money to defray his Debts, is violenty seizing upon his two Orphans, and dragging them into Bondage. These are the only Possessions of any Value which he leaves behind him: For his Widow being asked what she has
more
to satisfy the Creditor;
What hast thou in the House?
In the Bitterness of her Soul, returns This humble, and modest, and therefore the more moving, Answer;
Thine Handmaid hath not any thing in the House, save a Pot of Oil
. A hopeful Provision for a Widow and two Orphans! besides the discharging of the Debts!
She
has already lost her
Husband
; and
They
their
Father
: And for That very Reason
She
is now upon the point of losing
Them
; and
They
of losing
Themselves, i.e.
of becoming Slaves, or being a Part of the Goods and Property of another Family. For (as I before hinted) their Father is so far from leaving any
Effects
, as we speak, to maintain his Children; that (besides the
Pot of Oil
above mentioned) the only
Effects
he leaves, even to pay his Debts,
are
Those Children.
Had Those Obligations been contracted by his own Extravagance, or Neglect; we should greatly blame the Deceased, however we might pity the Survivers. But we are assured, that he was one who
feared the Lord
; a Character utterly inconsistent with That infamous Principle of Wickedness and Folly.
Thy Servant my Husband is dead; and thou knowest that thy Servant did fear the Lord.
Which prepares our Commiseration for the Distress that follows. Those Incumbrances indeed may be, and often are, occasioned by a Man's own Vices and Mismanagement: But Those too, like other Troubles and Afflictions, may, and often do, fall upon Persons strictly Religious, purely by their Misfortune, not at all by their Fault.
By
the Sons of the Prophets
, are meant the Disciples, and Attendants, of the Prophets; Themselves being instituted to, and designed for That Office; and even actually exercising it in some measure,
viz.
as Ministers, or Assistants, to the Prophets, and acting by their Designation, or Appointment. Thus One of them, by the Order of
Elisha
, anointed
Jehu
to be King of
Israel
. 2
Kings
9. Nay, sometimes (though not so ordinarily) they exercised it directly, and immediately, under God himself. As 1
Kings
20.35, &
seqq.
And a certain Man of the Sons of the Prophets said unto his Neighbour in the Word of the Lord, smite me, I pray thee
, &c. And pronounces a Prophesy, or delivers a Message from God to King
Ahab, v.
42.
And he said unto him, Thus saith the Lord; because thou hast let go out of thine hand a Man whom I appointed to utter Destruction, therefore thy Life shall go for his Life, and thy People for his People.
And not only so, but he is expresly called
a Prophet, v.
38. and 41. In short, They were an Inferiour Order in the Prophetical College; and much the same to the Superiour Order, or to the Prophets,
commonly
, and
eminently
so called, as Levites to the Priests under the Law, and Deacons to the Priests under the Gospel. And since a Part of the Prophetical Office was to
teach
, and
instruct
; which is likewise called
Prophesying
in the
New-Testament
; We of the Clergy are in That Respect Prophets, or Sons of Prophets; and so the Text is every way applicable to the present Solemnity.
It was one of This Order therefore, whose Widow makes the pathetical Complaint here mentioned. From which I shall take Occasion briefly to discuss several Particulars; some
directly
, others
collaterally
, or by
Analogy
, tho'
not directly
, deducible from it. Of the former Kind are These. That the
State of Marriage
is not prohibited to Persons of
an holy Function
:
A Woman of the Wives of the Sons of the Prophets
: That the
Afflictions
of This Life are incident to the
best
of Men, and their Families;
Thy Servant did fear the Lord, and the Creditor is come
, &c. Lastly, That Those who are
piously
inclined, will be ready to
assist
the
Widows
and
Orphans
of such Persons, especially Those of a
sacred
Character;
And
Elisha
said unto her, what shall I do for thee?
Of the latter Kind are These. That certain
consecrated Orders
of
Men
are
useful
, and even
necessary
, being
appointed by God
himself; that great is the
Dignity
of their
Office
; and that they ought to be
esteemed
accordingly: This is implyed in the Mention of particular Orders, instituted by God,
Prophets
, and
Sons of Prophets
: That the
Temporal
Condition of
Spiritual
Persons in This Nation, to which we belong, is, upon the Whole, very
hard
and
unequal
: This I observe, by way of
Accomodation
, from the main Drift and Tenour of the Text; This miserably
impoverished Man of God
, and his
Family
, looking like a
Type
of the
indigent Clergy
of
England
, and
Theirs
: Lastly, That not only
Spiritual Persons themselves
, but their more
immediate Relations
, are
particularly obliged
to the
exemplary
Practise of Vertue and Religion: This I deduce from the Widows urging That Argument,
viz.
that her Husband
feared the Lord
; In which it
may be imply'd
, that She herself was one of the same Character; otherwise she would not be
so likely
to alledge That Argument. That she thought her self
particularly
obliged to
exemplary
Vertue by her Relation to her Husband, is not, I acknowledge, so much as hinted: But I take leave to graft This Part of the Observation upon the Other; since it is true in it self, and applicable to the Design of our present Meeting.
I have hitherto
mentioned
These Propositions, and placed them in
This View
, only to
distinguish
between Those which are
directly
, and Those which are
indirectly
, deducible from the Words I have chosen; that I may not seem to lay more stress upon a Text, than it will really bear. But I shall, for the Sake of Method, discourse upon them in a different Train; so that every subsequent Proposition may
naturally
follow That which immediately precedes it.
I observe therefore,
I.
That certain
sacred Orders
of Men are useful, and even necessary, being instituted by God himself; that great is the Benefit and Dignity of their Office; and that they ought to be loved, and honoured accordingly.
II.
That the State of
Marriage
is not prohibited to such Orders of Men.
III.
That not only such Persons themselves, but their
Families
likewise, are particularly obliged to the Practise of examplary Piety and Vertue.
IV.
That the
Afflictions
of This Life are accident to the
best
of Men, whether Temporal, or Spiritual, and to
their
Families, as well as to others.
V.
That the
Temporal
Condition of
Spiritual
Persons, and their Dependants, in This Church and Nation, is, upon the Whole, very hard and unequal.
VI.
That good and pious Christians, whether Laity, or Clergy, will, according to their Ability, contribute to
relieve
and support them.
Upon These Heads I shall discourse, as they lie before us; and, in as few Words, as the Importance of them will permit.
I. First then I observe, That certain
sacred Orders
of Men are useful, and even necessary; being instituted by God himself; that great is the Benefit and Dignity of their Office; and that they ought to be loved, and honoured accordingly. I say, I
observe
This: For I pretend not here to
prove
it at large: Nor would there be any Occasion of proving it at all; were every one, who calls himself a Christian, really such. Those among our Adversaries, who believe any thing of the Bible, must, and I think, do acknowledge, that the
Jewish
Prophets and Priests were by Divine Institution; because That People was under the immediate, and even visible, Inspection of God himself. And the same they are pleased to grant of the Apostles, and Others who had the Gift of working Miracles; under the Gospel Dispensation. But as We have no such direct and particular Revelations, nor any such extraordinary Powers; they imagine that they have room to object against the Commission of our Ministry, said to be derived through so many Ages by a continued and regular Succession. They may indeed object against This; and we cannot help it. But whoever shall consider, that our Blessed Saviour promised his Apostles to be
with them always, even unto the End of the World
;
Matth.
28.20.
which could not be meant of their own Persons only, since they did not continue in the World any longer than other Men: That Those Apostles, confessed on all hands to be divinely inspired, did conceive themselves authorized, not only to ordain Others, but to communicate to them the Power of Ordaining, as appears (to pass over many more Instances) from That of St.
Paul
to
Timothy,
Lay hand suddenly on no man
:
1 Tim. 5.32.
That they actually did both execute, and delegate such a Commission, if they may be allowed to understand their own Meaning: And Lastly, That the same has in Fact, by universal Practice, and continued Succession, been delivered downwards, from the Beginning of Christianity to This Day; Whoever, I say, shall consider all This, and yet deny, or so much as question, the Divine Commission of Us, who at This Day call ourselves the Ministers of Christ, must either be a Hypocrite while he pretends to believe any thing of the Gospel; or one of Those perverse Opiniatres, who dispute about every thing, and therefore are not fit to be disputed with about any thing.
But the Truth of the Matter is, Those who deny the Authority of Christ's Ministers are really not true Christians: It appearing from the whole Tenour of the Scriptures, that such an Authority is blended with the very Vitals and Essence of the Religion we profess. The same Sort of Arguments which prove the Truth of Christianity, prove the Truth and Necessity of sacred Orders in general, and even of Episcopacy in particular: They are all Three Points of
Fact
, not of
Reason
: And if we can
baffle
the Evidence, given by History, and universal Tradition, for the Two Last, we effectually overturn the Foundations of the First.
Not but that from Reason, joined with, and arguing from Revelation, we may clearly evince the Necessity of That for which we are contending. The Apostle assures us, that sacred Orders were instituted
for the perfecting of the Saints, for the edifying of the Body of Christ.
Eph. 4.12.
And is not That Edifying, and Perfecting, as necessary in One Age, as in Another? In This of Ours, as in That of the Apostles? Original Sin has made it necessary, that there should be a Mediator between God and Man: This is Jesus Christ, who has substituted inferiour Mediators under him, to transact between God and Man upon Earth, as he himself does in Heaven. We are his Ministers, his Ambassadors, as he is King: His Priests, as he is HighPriest; and his Deputy-Teachers, as he is Prophet. All Kings, High-Priests, Chief Prophets, must necessarily, and in the Nature of Things, have their Substitutes to act under them; especially where They themselves do not personally reside. Original Sin therefore, which is the Source of Actual, has render'd the Office of Priesthood necessary. But the Mischief is, These Men do not believe Original Sin: Tho' upon a Supposal of it the whole Oeconomy of the Redemption by Jesus Christ is entirely founded. They acknowledge, (as I observed) that among the
Jews
, the Divine Authority of Priesthood was clear; because it was appointed by God himself, personally and miraculously residing in the Midst of them. And yet even among Them, there were not wanting Some, who affirmed, that
all the Congregation were holy, every one of them
; or, in the later Dialect, That no Man has more Right to execute the Office of a Priest, than Another.
Numb. 16.3.
But we know what was the Consequence of This: And our modern Rebels would do well to consider, that They
may perish in the Gainsaying of Korah
, though in a different Manner; that the Sin is still the same, notwithstanding miraculous Punishments are ceased; that a Man may
go into
the
Pit
, even into the
bottomless Pit
, though
the Earth
does not
open her Mouth
, and
cleave asunder under them
.
The Objections of the
Romanists
against the Validity of our Orders in This Church, (however backed and fortify'd by Some among Ourselves, who make a Show of more than ordinary Zeal against Popery) have been abundantly refuted by learned Men; who were willing to answer even the most frivolous Cavils; though at the same time they well knew, that they did them more Honour than they deserved: They being founded upon a Calumny, in point of Fact, so groundless, and childish; that it is hard to say, Whether the Fable of the
Nag's-Head
, urged by the Papists against the Church of
England
, or That of the
Asses's-Head
, urged by the Heathen against the Primitive Christians, be the more senseless and ridiculous Story of the Two.
The
Benefits
conveyed by Means of our Ministry are truly inestimable; if Remission of Sins, Spiritual Grace, and the Kingdom of Heaven, may be so accounted. Not that we pretend to confer them
directly
, or to have them at
our own Disposal
, to be granted, or denied, at our Will and Pleasure; or that they
cannot possibly
be conferred without us: All This is Scandal upon us; among a thousand other Slanders, by which we are daily misrepresented, that we may be render'd odious to the People. But we
are
, and we
do pretend to be
, the
ordinary, standing
Means, or Instruments, through which, by God's Appointment, Those Benefits are conveyed. And This surely shews our Office to be highly beneficial.
As for the
Dignity
of it; To omit innumerable Texts of Scripture, which might be cited to the same Purpose,
No man
(says the Apostle)
taketh this honour unto himself, but he that is ordained of God, as was
Aaron.
Heb. 5.4.
And in another Place,
We beseech you, Brethren, to know them which labour among you, and are over you in the Lord, and admonish you; and to esteem them very highly in love, for their work's sake.
1 Thess. 5.12,13.
To apply This then to the Consciences of Some in These Times: If They are to be
honoured
, why are they
despised
? If they are to be
loved
, why are they
hated
? It will be said, perhaps, not upon the Account of their Office, but of their personal Behaviour. This is to be considered, under my fifth general Head. At present I say, that if it were true (as it is most false) it is no answer for Those of whom I am now chiefly speaking: Because They hate, and despise, or rather
really hate, and pretend to despise
) Priests
as
Priests. Else how comes That refreshing Word
Priestcraft
to be thrown out frequently, and with so important an Em phasis, as if it were equivalent to an hundred Arguments? Are they not perpetually abusing and ridiculing our Office it self, and as such? Has not a certain Word in our Language (like the Word
Tyrannus
, and Others, in the
Latin
) by the Iniquity and Prophaneness of the Times, changed its Signification; so as from a Title of Dignity, to become a Name of Ignominy and Scorn? Insomuch, that though a Man be not only by his Education, and Abilities, and all fine Accomplishments, both natural, and acquired, but by noble Birth, and even temporal Fortune, far superiour to These Scoffers; yet his being a
Parson
, for which they ought to honour him more than for any other Character, or than for all the rest put together, so degrades him, and renders him vile in their Eyes; that it takes off from That Respect, which upon other Accounts they would otherwise pay him. Such Magick is there in the Sound of That poor despised Word: The Seal and Stamp of God's Authority, is, it seems, a Thing so contemptible in the Opinion of These Men. But They will deny that we have such Authority: And I say, we have again and again proved that we have; Let them answer our Arguments, I mean, really answer them,
i.e.
with Reason, instead of Scurrility, and we will be silent upon the Subject. In the mean time, they must give us Leave to think, and say too, that at least, the most Learned, and Knowing among them, would, if they were able, offer the same Insults to God himself, as they do to his Ministers. For thus maliciously to persecute Those whom they
know
to
be so
, and
because they are
so; what is it, but in the worst of Senses,
to defy the armies of the living God
, to dart their Outrages in the Face of Heaven, and declare a Kind of War against Omnipotence? So true is That of our Blessed Saviour, which in These dangerous Days can scarce be too frequently inculcated, and apply'd to the Successors of the Apostles, of whom it is as true as it was of the Apostles themselves;
He that despiseth you, despiseth me; and he that despiseth me, despiseth him that sent me
.
Luke 10.16
And the same is to be said of
hating
, as of
despising
.
I pass the Practice of all Ages and Nations, Heathen, as well as Patriarchal, Jewish, and Christian; by which it appears, that to love, and honour These sacred Offices, and the Persons who bear them, is a Principle of
natural
, as well as of
revealed
Religion. To what has been said, I only add This Consideration, (hinted at before) That he who is God, as well as Man, is Priest and Prophet, as well as King. This, I confess, is no Argument with Those of our Adversaries, who deny his Divinity, and perhaps his Being: However, even from Them we may make This Observation, That the Chief of Those who are Enemies to These sacred Orders of Men, are at the same time Enemies to the Saviour who redeemed them, and to the God who made them.
And so I pass on to my Second Observation from the Text,
viz.
II. That the State of
Marriage
is not prohibited to such Orders of Men. If it be forbidden in Scripture; it lies upon our Adversaries to tells us
Where
it is so: For according to the Laws of Arguing, We are not to prove that it is
not
forbidden, but They are to prove that it
is
. Yet in This Case, we can, with great Ease, do more than They can reasonably demand of us. The Example of my Text is clear, and plain: As are those of
Samuel, Ezekiel
, and Others in the
Old Testament
, and of St.
Peter
in the
New
: Who are all known to have been Married Men. As plain is the Doctrine of St.
Paul
, concerning the Wives and Children of Bishops and Deacons: As also the Practice of the Primitive Church, and of all Churches, except That of
Rome
, since it became corrupt by so many shameful Innovations, both in Doctrine, and Practice. Among which, That of imposing Yokes, and laying Snares is none of the least considerable. And the Necessity of Celibacy in the Clergy is a signal Instance of Both. 'Tis an arbitrary, tyrannical, unlawful Imposition; and a Snare to the Consciences of Men. Ecclesiasticks are moulded out of the same common Mass with Laicks; and Human Nature is the same in Those as in These. In the
Jewish
Church, Priests were not only permitted to marry; but the Priesthood it self was hereditary. And whether among
Jews
, or Christians, it would be very wonderful, if a State sanctify'd by God, in the State of Man's Innocency, should be improper, and even unlawful for Men, who are sanctify'd
by
him, and
for
him: Or that what is the Type of the Union between Christ and his Church, should be prohibited to Those who are the Ministers of the First, for the Edification of the Last. As to the Church of
Rome
in particular; it is to be admired, that She who pretends to a Supremacy over all other Churches, upon the Foundation of St.
Peter
, should so strangely overlook his Example in This Instance. And that She who calls Marriage a Sacrament, should think any Sacrament fit to be
given
by a Priest, which is not fit to be
received
by him. In the
Eucharist
, (according to her Doctrine and Practice) Part of it is to be received by the Priest only: So that she denies Half of one Sacrament to the Laity, and another whole one (as she calls it) to the Clergy: Both by her own Authority; and without any manner of Foundation, either in Reason, Scripture, or Antiquity.
How far the Celibacy of Ecclesiasticks in That Church may have affected their Morals, I will not pretend to determine. Many Reflections, we know, have been cast upon them: But though I charitably hope, and verily believe, they are not all true; yet This is certain, that it would be better, if in all Churches where there have been
Sons
, and
Daughters
, there had likewise been
Wives
, of the
Clergy
.
Against the Marriage of whom the Civil Society at least, can make no reasonable Objection: Since the Former, by their Children give so many Pledges to the Latter: And by reason of Intermarriages between the Families of Spiritual, and Temporal Persons, the State and the Church may mutually apply to each other That of
David
to
Amasa,
Art thou not of my bone, and of my flesh?
Whereas the Church of
Rome
, by injoining Celibacy upon her Clergy, seems to set up an Interest, not only separate
from
the secular Government, but in Opposition
to
it. And however the Powers of the Church and of the State may be (as they certainly are) in their original Institution, not only distinct
from
, but independent
of
each other; there is no doubt, but that the more their Interests are intermingled, the more likely are Both to prosper and flourish.
One great Advantage in the married State of the Clergy, is their fuller
Knowledge of the World
, and their being experimentally acquainted with the various Turns and Habitudes of human Nature. So that Those of all Relations to whom Many of us minister, may in some measure, and by way of humble remote Analogy, apply to Us that the Apostle observes concerning the High Priest of our Profession;
We have not Priests who cannot be touched with the feeling of Infirmities, but are in all Points tempted, like as we are.
Heb. 4.15.
We cannot go on, and add,
yet without Sins
: That is not without Falshood to be affirmed, nor almost without Blasphemy to be imagined. God knows
in many Things we defend all
; Clergy, as well as Laity, and the best of Both. We are not only tempted, but often foil'd by Temptation. Nor does our admitting That Word, as apply'd to Marriage, in the least derogate from the Truth of what I observe under This Head. Nay, I acknowledge, (and shall have Occasion to take Notice of it again before I conclude) that the Inconveniences which attend a marry'd Clergy, are many, and great; and that sundry Temptations are adapted to That very State of Life as such. But This is nothing to the Point: All Conditions in This World are subject to Temp tations, and Inconveniences, to Corruption, and Sin: And however what the Apostle intimates concerning Marriage, with relation to all Christians, especially in times of Persecution, may be particularly apply'd to the Clergy in all Times,
He that marrys does well, and he that marrys not does better
provided he be well assured, that he can avoid the Dangers attending a single Life; I say, however true This may be, the only Questions to our Purpose are These Two; Whether, any Power upon Earth has Authority to make That unlawful
in point of Morality
, which God left indifferent? And, Whether as the Inconveniences are great on one Side; so, all things considered, they are not greater on the other? As to the Latter, the Allowance of This State to the Clergy appears to be least exceptionable in point of Prudence and Expediency. And as to the Former, to make it directly unlawful to any Order of Men, is certainly the Height of Presumption: And we may with some Variation apply to This Case Those Words of our blessed Saviour, concerning Marriage in general;
What God hath
at least permitted to be
join'd together, let not Man
absolutely
put asunder
.
III. My Third Observation was This: That not only spiritual Persons Themselves, but their
Families
likewise are particularly obliged to the Practice of exemplary Piety and Vertue. That such Persons
Themselves
are so obliged, is acknowledged on all sides, and too plain to be questioned. And one Duty, among others, which is so incumbent upon them, is That of promoting Piety in their Families, and educating their Children
in the nurture and admonition of the Lord
: Lest they incur the Guilt of the old High Priest
Eli
, against whom the severest Judgment was denounced, because
his Sons made themselves vile, and he restrained them not.
Sam. 3.13.
And This more than ordinary Obligation upon the Master of the House induces a more than ordinary one likewise upon Those of his Houshold. The One flows from the Other: Because the better any one is taught, the more he is obliged to learn, and practise.
But besides This, their very near Relation to a Person of a sacred Character, is a peculiar Tye upon their Consciences; because by Means of That Relation they are more likely than other Laicks, to
give Offence
, and to prejudice Religion by their ill Behaviour. St.
Paul
gives especial Directions concerning the Behaviour of the Wives of Deacons: And they are more strongly applicable to Those of Priests, and Bishops; and by Parity of Reason, to the Children of all Three. Who all ought seriously to ponder in their Minds, and apply to Themselves Those Words of the Apostle:
If the Root be holy, so are the Branches
:
Rom. 11.16.
And Those of the Prophet,
Look unto the rock whence ye are hewn, and to the hole of the Pit whence ye are digged.
Isai. 51.1.
The Apostle teaches us, that the Children of all Christians are, as such, holy in one Sense;
viz.
as they are even in their Infancy capable of being baptiz'd
1 Cor. 7.14.
: But the Children of Christ's Ministers are doubly sanctify'd, not only by the common Faith, but by the peculiar Function, of their Fathers.
But as the best Things are capable of being abused, and the Corruption of the best is always the worst; it may
accidentally
happen, that such Children may be
unholy
upon the very Account of their Extraction: Which is no Wonder; since the same Thing may, and sometimes does, happen to their Fathers, upon the very Account of their Function.
What should have been for their Health may be unto them an Occasion of falling
: The Spiritual Food, and Physick, given them by their Parents, may be perverted to Poison; and their very Religious Education make them wicked. Thus Christianity it self, which by its natural Efficacy tends to Peace, does (as its Blessed Author foretold it would) sometimes
by Accident
cause Division. There are Temptations particularly adapted to the Children of the Clergymen. Those of them, for Instance, who are placed in the lower Part of Life, in mechanical, or other mean Occupations, being by their Education more knowing, and more religious than Persons of the
same Craft
generally are, may be tempted to Pride, and That the worst Sort of it Spiritual Pride; and, as a Consequence of This, to That most unchristian Vice
Censoriousness
; may be apt
to exercise themselves in great Matters which are too high for them
; to despise their Equals, and be insolent to their Superiours; to be impatient under Afflictions, and ungrateful to their Benefactors. Against These, and such like, Corruptions they ought to be carefully guarded; earnestly to pray God, that the good Seed sown by their Parents may not be lost upon bad Ground; sincerely to repent of any Misbehaviour they may have been guilty of in any of These Respects; and seriously to consider the
Deceitfulness of Sin
; which is such, that, without great Care and Caution on our Part, it may turn our very Advantages to our Detriment: So that the Children of Clergymen may for That very Reason, joined with others, be
twofold more the Children of Hell
. They may likewise be scornful, and fastidious, to mean Trades; because in their Father's Family they were
better
bred: Not considering, that, to ballance This, they were
religiously
bred too; taught Meekness, and Humility, Contentment in low Circumstances, and Patience in distressful ones; that the blessed Apostles of their Saviour were Fishers, Tentmakers, and the like; and their Saviour himself the reputed Son of a Carpenter.
Another Fault, though not peculiar to
Them
only, of which Some among them are said to be guilty, (and which, if they are, I am sure they ought to reform) is especially to be mentioned upon the Occasion of our present Meeting; because it relates to their indigent Circumstances. I mean Those of Them (if such there be) who, if there be One among them who is Himself a Clergyman, are unreasonable in their Expectances from him, and make him ungrateful Returns for what they have already received. Because he is a Clergyman, they imagine they have a Right to lay any Loads upon him; whether he be able to bear them or no; and are continually reminding him, that he is bound in Duty to support his Collateral Relations. No doubt he is so, if it be in his Power, and if it be consistent with his superiour Obligations to Others: But of That He is to judge, not They; Though they may have Presumption enough to instruct Him, from whom they ought in Meekness and Humility to receive Instructions. According to Their Doctrine, That of the Scripture is revers'd; and a Man, instead of
leaving
even
his Father, and his Mother, and cleaving to his Wife
, must leave his
Wife
and
Children
, and cleave to his
Brothers
and
Sisters
.
Gen. 2.24.
I must confess indeed, (if I may take Occasion from hence to make a little Digression) that, in my humble Opinion, the above mentioned Law, if we understand it of any Thing more than
local
Leaving, which indeed I believe is all that is strictly and literally intended by it, does not take place with regard to a Man's
Father
and
Mother
, as compared with his
Children
; however it may with regard to his Wife: As to the Latter it takes place, in respect of Those Contracts or Agreements which were made before Marriage. That it obliges with Reference to These, must be granted; because no Charity is truly such, which is founded upon Injustice. But as to one's Parents compared with one's Children, my Meaning is This, (and it affects Laity and Clergy in common) If both be equally indigent, (and other Circumstances equal, or very near it) the Former have the first Title or Claim to our Assistance. The dearness of Blood is the same in Both: And though it be commonly said, that natural Affection rather descends, than ascends; yet I doubt This is no good Principle of Human Nature. Among Brutes, indeed it is in Fact so: But the Case here is quite different, for reasons too plain to be insisted upon: And our Rational Faculties were given us to correct the Errours of the Animal Ones. Whe ther the natural Yearnings, in Men of the best Temper, be stronger to the Parent, or to the Child, is not easy to determine: But This is undoubted, that the Obligation to the First is prior and superiour: And we are not so much obliged to Those whom we educate, as to Those by whom we were educated ourselves. There is in Nature and Reason something more emphatical in our
Duty
to the
Former
, than to the
Latter
: The one is called
Piety
, the other barely
Duty
; And Those Words of the wise Man must surely draw Tears from all good Christians, when their Parents are in Poverty and Distress;
Hearken unto thy Father that begat thee, and despise not thy Mother when she is old.
Prov. 23.22.
But to return from This Digression; If the Children of God's Ministers are particularly obliged to be
holy in all manner of Conversation
; what is to be said of Those among them, who turn Profligates, and Libertines, both in Principles, and Practise, on purpose to disown their Parentage? Why we must say of them, that from being
ashamed of one's Glory
, it is a short Step to
glorying in one's Shame
: Which is the last Degree of Wickedness. Some of the most envenomed Arrows that have of late Years been shot against the Church and Religion, have, as it is said, been drawn from the Quivers of Those who are Sons of her Ministers. If it be asked, why may not Both be furiously and openly attacked by Some, who, notwithstanding their Extraction, are mere Laicks, as well as undermined, and in a great measure even openly (though not so furiously) assaulted by Others, who are not only
Clergymen's Sons, but Clergymen themselves
: I leave the Answer to the Persons concerned; and say no more of the Thing it self
at present
; but proceed to my Fourth Observation, which was This,
viz.
IV. That the Afflictions of This Life are accident to the Best of Men, whether Spiritual, or Temporal; and to
their
Families, as well as to Others. This needs no Proof: Nor should I have laid down This Head, but for the sake of its Connexion with what precedes, and follows it. The Example in my Text is plain: Religion and Experience concur, to verify This Proposition. This World neither is, nor was ever intended to be, a State of Reward and Punishment, but of Trial. Here, as the
race is not to the swift, nor the battle to the strong, nor bread to the wise, nor riches to men of understanding, nor favour to men of skill
, so neither is Reward to the Righteous, nor Punishment to the Wicked;
but Time and Chance happens to them all
Eccles. 9.11.
. There is indeed in the
New Testament
something of Promise as to Temporals, though not much: But it is not my Business to discuss This Point at present. I only observe, that
Spiritual
good Men, and
Their
Families, are no more exempt from the Calamities of This Life, than
Temporal
. The Tribe of
Levi
, however separated from the rest of Mankind in other Respects, is not at all separated from them in This. And yet a certain popular Saying, that the Children of Clergymen (as distinguished from Those of the Laity) are generally unfortunate, is full as easily denied by Some, as affirmed by Others. Nevertheless certain it is, that, taking things in gross, the secular Circumstances of Them, and of their Parents, are in This Part of the World bad enough. Which leads me to my Fifth Observation,
viz.
V. That the Temporal Condition of Spiritual Persons, and of their Families in This Church and Nation, is, upon the Whole, very hard and unequal. The Hardships under which the Clergy labour, are of Two Kinds; Those which are imputable to the
accidental Corruption
of the
Age
in which
we now live
, and relate not
only
to their
Fortunes
, but likewise to their
Reputation
, their
Studies
, and the
whole Course
of their
Ministry
: And Those which relate to their
Fortunes only
, by the
Necessity of our Constitution it self
, ever since a very Material Change was made in it. The Last mentioned only are
immediately
and
directly
to be accomodated to the Design of my Text, and of our present Assembly: But the First are by no means
forreign to our Purpose
; and are too considerable to be passed over in Silence, upon This publick and solemn Occasion.
In Those Respects then the Ministers of the Gospel in our Church are ill treated; because the Church, and the Gospel it self, are so: For the Sake of which, we are calumniated to such a Degree, that we are obliged to be continually making
Defences
(or, as they were anciently called,
Apologies
) for our selves; like Those of the primitive Fathers to the Heathen Emperors, and Magistrates, in Times of Persecution. For there may be Persecution, or something very like it, from private Persons, as well as from the higher Powers. The Time would fail us; should we go about to give a Detail of Instances exemplifying the Treatment we receive from some Men. I say from
some Men
: For even in These licentious Times the
generality
of the
People
have a great
Love
and
Reverence
for the Church and Clergy: And Many of the Gentry and Nobility are not only
affectionate
, and
respectful
, (for so I trust, and believe, Most of them are) but
liberal
, and
munificent
, to Both. The Lord
remember Them
, and Theirs,
concerning This
; and eternally reward their good Will to
Sion
. But then too many have exceeding
evil Will at Sion
: And without
Restraint
or
Controul
express it in the most
publick
and
insolent
Manner; representing the Ministers of Christ in This Church, as the worst and vilest of Mankind; even worse, (if possible) than
they Themselves really are
: Making it their whole Employment and Study to blacken and traduce them, by
charging
them with what is
false
, and
monstrously aggravating
what is
true
; laying the Faults of the
Worst
among them upon the
Best
; of
Some
upon
All
, and of the
Persons
upon the
Function
itself. Nay, so far does their Malice blind them; that their Slanders are inconsistent in their Nature; and by abusing Us, they contradict one another, and very often
Themselves
. Thus for Instance, the main Body of the Clergy are represented as sordidly covetous, and profusely luxurious; sneakingly meanspirited, and insolently proud; crafty as Serpents, more silly than Doves; formidable for their Wealth and Power, contemptible for their Poverty and Weakness. In short,
Priests, wicked Priests
, is the Outcry of the whole Party: Insomuch, that were a
Stranger in
our
Israel
to receive no Information concerning us, but what he has from the Conversation, and Writings of such as These; He must send his Thoughts to
Sodom
and
Gomorrah
for a Parallel with the Generality of the
English
Clergy. Let Heaven and Earth, God and Man, even the Consciences of These Accu sers Themselves be Witnesses, whether the Character They give be really true; nay, whether the very Reserve of it be not true: And if so, whether there were ever any Age or Nation, in which so many Thousands of innocent, pious, and holy Men, whose constant Business and Labour is to save Souls, even the Souls of their most bitter Enemies, for whom they continually offer up their Prayers to the Throne of Grace, who by their
Office
are
Servants of the most High God
, Most of them with Meekness and Patience struggling under extreme hard Circumstances, All of them as to temporal Regards weak and defenceless, were ever with such unchristian Prophaneness, with such unmanly Bareness and Cowardise, with such inhuman Cruelty, with such Diabolical Malice, outraged and insulted? All of them have their Infirmities, and even their many and grievous Sins: The Best of them are
but Men
; and Some of them, no doubt, very wicked Men: For the
Last
, let
Them
look
to
it, and be assured that they will most severely answer
for
it. But what is That to the Purpose? Is our Case an Exception, in which it is good Logick to argue from Particulars to Universals? The Apostles themselves were not only Men, but sinful Ones: All of them were so; and One of them was the worst Man that ever lived. And we may, I am sure, with great Modesty affirm, that not One in Twelve among our Clergy is near so wicked as
Judas Iscariot
. Yet I never heard, that
His
being a
Traytor
was any Slur upon the other eleven Apostles.
I will only observe further, That what our Adversaries object concerning the ill Lives of Some, and the Infirmities of All, who minister in holy Things, is a most prophane Reflection upon the Wisdom of God himself; in making
mere Men
his more immediate Servants, and committing so rich a
Treasure to Earthen Vessels
.
As there are but Three great Concerns in which Mankind can be affected, their Estates, their Bodies, and their Souls; to answer These, there are so many Professions, or Faculties appointed, Lawyers, Physicians, and Divines: Only with This Difference, the two First are from Men, the Last from God. And do the two First meet with the same ill Usage as the Last? They do not; and God forbid they should: But what should be the Reason of This? Why because Men value their Estates, and their Bodies, more than they do their Souls; because the World is wicked, irreligious, Atheistical: And the Wit of Man cannot assign any other adequate Reason. For without detracting from the real Honour and Benefit of Those noble and useful Faculties, it is certain that the Other is the greatest of the Three; if Heaven be superiour to Earth, and Time less considerable than Eternity. And without reflecting upon any other Profession, or Body of Men, much less upon the Laity in general; we may justly add, that as the Clergy in an especial manner
profess
Religion, so they in an especial manner
practise
it: And I appeal to the Experience of the whole Kingdom, for the Truth of This Assertion. The Contempt of the Clergy therefore proceeds from the Contempt of Religion: And That again proceeds not so much from the Vices of the Clergy, as from the Vices of Those who despise and hate them. I say,
not so much
: For we are very ready to acknowledge, that if Any among Us are notoriously vicious, They greatly contribute towards it: For which (as I said before) They must severely answer. And we leave This Subject at present, with That Observation of our Blessed Saviour:
It must needs be that offences come; but woe to that man by whom the offence cometh.
Mat. 18.7.
And as the Ministers of Christ in This Church are neither to be hated, nor despised, upon the Account of their Behaviour; so I hope we may with Modesty presume to say, that they are not
very contemptible
in other Respects. It is a publick Truth, and acknowledged by every body in all Nations of the World, except Some in our own, that the Clergy of
England
, and her two famous Universities (in which the
Sons of the Prophets
are bred) have made their Country
the Glory of all Lands
. If, in These degenerate Times, they in some degree partake of the common Contagion, and are more and more corrupted; our Adversaries may be silent upon That Article: because that they are so, is chiefly, if not solely, to be imputed to
Them
, and their
Principles
.
To declaim against the Wickedness of the Age, is, I am sensible, the easiest, the dullest, and the most unpleasant Subject in Nature: And did we preach only
to please Men
, and to serve, or recommend
our selves
; it would certainly be the Last we should make choice of. But alas! That is a wretched Principle for a Minister of Jesus Christ, in the Execution of his Office. As we act upon other Views, we are constrained to observe, upon This Article concerning the Hardships of the Clergy proceeding from Those of Religion, that Heresy, Infidelity, and Atheism it self were never propagated as they are Now; and that they are advanced to such a Pitch of bare-faced Impudence, as would be endured by no Nation under the Sun professing Christianity, except our own. The Limits of our Time allotted for This Service permit me not so much as to mention the several Particulars. And I have more-over This un happy Excuse, that the Notoriety of the Facts renders it superfluous. One Thing it is much if we do not observe, in
Consequence
of These Abominations, that amidst our Controversies with one another (let
Those
see to it, who made them necessary)
God's Controversy
with the Nation in general, which has been a very long one, seems now to be drawing towards a Conclusion. And, without pretending in the predictive Sense, to be either
Prophets, or Sons of Prophets
, we may say, that in all Appearance he has something very extraordinary ready to be discharged upon us; and that without a speedy, and wonderful Reformation, (of which there seems to be little Hope) it is morally impossible that he should forbear us much longer.
And here again (as in point of Practise, of which we have spoken before) it were to be wished, that the whole
Tribe of Levi
were entirely free from Infection. But as Some of them (though, God be prais'd, but very Few) have published their Names to the whole World, assuring us of the contrary; we must be forced to acknowledge what, if it were possible, we should industriously conceal. Since it is not possible; the only Way to do our Duty to God, and Justice to Ourselves, is as publickly and openly to protest against Those of our own Profession; who would do well to consider, how much it tends to their Reputation, to have their Praises celebrated by the Tongues and Pens of Infidels and Atheists. As to the Honour of our Function in general; the foolish Arguing from Particulars to Universals, and from Persons to Things, has been already taken notice of. Were we only attacked from Without, not betrayed from Within; the united Powers of Earth and Hell could not hurt our Cause. Its professed Enemies would scarce be formidable; were it not for Traditors among our selves. So True is That Observation,
Nothing can ruin the Church
, but
the Church
: Meaning by the Latter, Those of her Ministers, who either openly oppose, or secretly undermine, both her temporal and spiritual Interests. Setting aside That, we might securely bid Defiance to the Powers of Darkness, to the Enemies of God and his Church; stand firm in one compacted Body, impenetrable to their Assaults; and be
terrible
against them
as an Army with Banners
. But, by the just Judgment of God, for our manifold Provocations, it happens to be otherwise; And we have, besides, This, Misfortune, that by reason of the Corruption, Vices, and Follies of the World, one bad Member among
Us
can do more Mischief, than many sound ones can do Good. The Doctrine of the most holy, and ever blessed
Trinity
, has been impugn'd by Some, who might have made a better Use of their Talents, than by denying the Deity of Him who gave them. Others have argued against the
Authority
of the
Church
, the very Being of their
own Order
, and all the
Fences of Religion
, whether
Ecclesiasticall
, or
Civil
: Advancing such prodigious Paradoxes upon These Subjects; that we are at a loss to determine, whether their Impiety be more detestable, or their Absurdity more ridiculous; and so whether they ought to be answered by Argument, or neglected with Contempt: Thus leaving us in a Strait between Wickedness and Nonsense; the only Dilemma of any Moment they are able to put upon us. The most considerable of them have been over and over confuted, to a Demonstration: Confuted I say; for I despair of their ever being silenced: For the rest, I hope Nobody will be found so very idle, as to honour them with any confutation at all.
I will only observe This of them in common, from the smallest to the greatest, that as they are not really
of
us, it would be kind in them to
go out from among
us; And, by the way, were Church-Discipline in full Force, I am sure they had long since been
driven out
from among us. If they must fight for our Enemies, let it be under
Their
Colours, not
Ours
: They would be more to Us, and (especially upon their boasted Principle of
Sincerity
) more consistent with Themselves, if they would no longer
bear
an Office which according to their Doctrine, is
unlawful
; nor
wear the Habit
of an Order which they do their utmost to
destroy
.
It would be just too, if These, and all other our Adversaries, whether Within, or Without, would not still charge Us with
breaking the Peace
; when They are the Aggressors, and We are upon the Defensive; when They are for introducing something New, and We are yet in Possession of the Old; when They are a Few single Persons obtruding their own private Notions upon the Publick, and We are the main Body defending the Constitution of the Church, and the common Principles of Christianity. For the same Reasons it ill becomes Them, to upbraid Us with intemperate
Heat
, and
Violence, Rudeness, Insolence
, and
Scurrility
in our Disputes with them: Especially since They treat the whole Church with the last Degree of Haughtiness and Scorn. Besides the Arrogance, and contemptuous Behaviour, even of the
most moderate
among them, towards Some in
particular
of the most shining Lights in our Church;
One
, especially, of her
chief Ministers
, who, of all Men living, cannot be charged with excessive Passion; and whose great
Learning
and
Piety
, will ever be re spected by All, but Those who have nothing, or not much, of Either.
We would farther intreat them to ask their own Consciences, whether they are sure they strictly adhere to Truth; while they go on in the old way of taxing Us with being
Popishly affected
: Whether they do not believe that We are
at least as
averse from the Corruptions of
Rome
, as Themselves: Whether our Principles do not tend to keep out Popery, and Theirs to bring it in: Whether in Fact many more, than is usual in the same Space of Time, have not been perverted to it, since the late Propagation of Their Doctrines; and whether there be not a very good Reason to be given for it: Whether Those of our Church whom They condemn have not always been the greatest and most formidable Champions against Popery: And lastly, whether there be no Medium between a Papal Infallibility, and That Ecclesiastical Authority for which We contend. I am indeed
not
afraid to say, that, in some things, Papists (corrupt as they are, and Nothing can well be more corrupt) have been falsely accused by Protestants: and that in some, on the other hand, Protestants have been justly accused by Papists; particularly in the Instance of too much relaxing Ecclesiastical Discipline, and Want of Respect to Priests and Priest hood. Against which, and others, which might be named, we have nothing to alledge with Reason or Truth, but to wish we could give a better Answer, than That old, trite, and yet very emphatical, Saying, continually cited in such Cases;
Pudet hæc opprobria nobis Et dici potuisse, et non potuisse refelli.
I am well aware that Reflections of This Kind are apt to be censured not only by
All
our
Enemies
, but by
Some
of our
Friends
; and Some of These too even among the Clergy themselves: to be censured at least as
rash
, and
improper
; and tending, at best, to do more harm, than good. I have already in a great measure obviated This Objection; but would farther beg them seriously to consider, that as there is a
rash
, and a
false
Zeal, so there is a
prudent
and a
true
one; that
all Prudence
does not consist in
Silence
, and
Inactivity
, no nor in
Caution
it self; that we are to preach the World of God in the Plainness and Simplicity of the Gospel, to
open our Mouths boldly, to rebuke sharply, and with all Authority
(which, by the way, our Adversaries profanely call
Railing
:) that there is a Difference between
Security
and
Virulency
; that Truth is Then to be most
vigorously defended
, when it most
vigorously attacked
; that we are to
magnify our Office
; and not to
be ashamed of the Gospel of Christ
; In a word, to put Men in mind of their Duty,
whether they will hear, or whether they will forbear
; and whatever be the Consequences, either to
Them
, or to
Ourselves
. However, upon This chearful, this feasting, this charitable Occasion, when we meet to promote mutual Love and good Works, Every thing, it will be said, that is harsh and grating should be wholly forborn. Would to God it were
never
our Duty to say things harsh and grating: No Man, I am sure, less delights in it than I do. As it is, I have already observed, that the original Occasion of this Meeting is, at best, of a mix'd nature, partly joyous, and partly grievous: Every thing therefore which is unpleasant may not, for That Reason, be improper upon This Subject. And if by the Corruption of the World fresh Matter of That Kind daily arises, we are very sorry for it; but must do our Endeavour to hinder the Corruption from spreading. What would become of the Charity to the Widows and Children of Clergymen, and even of Clergymen Themselves, if the Principles I have been warning against should finally prevail? And how naturally Those Principles come to be considered under This Head, concerning the Hardships of the Clergy arising from Those of Religion, I have already taken notice. Nor does softning, or smoothing them, tend to mutual Love and good Works; but the direct contrary; as it were easy to evince, would the Time permit. For my own Particular, I can with Truth affirm, that if I have taken wrong measures, (and if I have, I beg Pardon of God, and Man) it proceeded not from
Rashness
, and
want of Consideration
, but from
Errour in Judgment
, and
want of Understanding
; having, with all Coolness, seriously weighed and pondered These things; That there is not That Person upon Earth for whom I have the least ill Will; That what I have offered upon This Subject issued from a sincere Zeal for the Glory of God, and the Salvation of Souls, even the Souls of our worst Enemies; and, that in order to Those Ends, I take This to be the most
Christian
, and the most
prudent
, Method of proceeding.
But the Hardships of the Clergy, more
immediately
to be accommodated to my Text, and considered upon This Occasion, are Those which relate to their
Fortunes only
, by the Necessity of our Constitution it self, as it now stands, and has stood, for almost two Centuries of Years. Whatever Figure the Dignities of the Church, and some few inferiour Preferments may make, it is plain, that upon the Whole, no established Clergy in
Christendom
are so ill provided for in Temporals as Those of
England
: So unconscionably excessive was the Pillage just before the Reformation. I say
before
it; for it was neither
at
, nor
since
, the Reformation. And therefore the
Papists
have little Reason to upbraid
Us
, as they continually do, with Those infamous Plunderings of the Church: Because He who made That deplorable Ravage was, in the main, not only
of
Their Religion, but a fiery, and in the worst of Senses, a
burning
Zealot
for
it. And though, for Reasons purely personal, he flung off the Popes's Supremacy, and discarded a few other Corruptions; yet he intended nothing less, than That blessed Alteration of Religion, which immediately followed upon it: not by any Design of His, but by the wise Providence of God, drawing Good out of Evil, and turning not only the
Fierceness
, but the
Lust
, and
Ambition
, of Men to his own Praise. Nor is it any thing strange, that he who did not
abhor Idols
, should at the same time
commit Sacrilege
. If Abbies and Monasteries were to be demolished, and their Lands to be converted to other Uses; yet surely the Tithes, which even They had unjustly impropriated, should have been reserved to the Church, in consideration that the Parish-Clergy, whose Tithes were so impropriated, were before maintain'd by Those Societies. But to strip Parochial Li vings and starve the Cure of Souls, was such an Instance of Depredation, as no History can parallel, and no Corruptions, or over-grown Wealth, and Power, of the Church, could justify. I speak only of the
original Alienation
of Those Revenues: As to the
Detention
of them
Now
, since they have been so long intermingled with temporal Estates; I pretend to determine Nothing about it, but leave That Matter to the Consciences of the Persons concerned.
This therefore is the real Cause why not only so many Widows and Orphans of Clergymen, but so many Clergymen Themselves are become Objects of Charity. They
never had
a tolerable Provision; and could not
live of the Gospel
; though (if we will believe St.
Paul
) it is most just and equitable that they
should
. Nor can they, to make up This Defect, apply themselves to secular Trades and Professions; because it is contrary to the Nature of their holy Function, and to the Canons of the Church concerning it. This, I say, is the true Cause of the Poverty we are considering: Not that the
Children of Clergymen
are distinguished by being
unfortunate
upon other Accounts; as it is falsely and uncharitably suggested. And that the Income of their Fathers departs with their Lives, is common to Them with Multitudes of the Laity, even with the generality of them; and therefore idly urged (as it is by Many) against the Expediency of marrying with Clergymen. Were That all the Inconvenience; They would fare much better, than they do at present. But the Mischief of all is That which I mentioned; not so much that their Revenues are
lost
, when they die; as that they are so
little
, while they live. Upon This Account, I confess, there is much Inconvenience in the Marriage of the Clergy: But so there is in every thing. And the Question is, (as I said) whether there be not more, and greater Inconveniences on the other side? And in This Case too, as well as in That just mentioned, the same may be said of the greatest part of the Laity; and so is not
peculiar
to the Clergy.
Thus miserably scanty is the Temporal Provision for Spiritual Persons in our Church: Insomuch, that were their Revenues to be equally divided, Each of them, one with another, would have no more, than is commonly the annual Acquest of a very ordinary mechanical Tradesman; Half of them have actually no more; and Hundreds of them not a quarter so much. So that This our Corporation for the Relief of their poor Widows and Children is at once the Glory of That great Prince
King Charles
II. of blessed Memory, who first
erected
it, of
His present Majesty
, who
enlarged
it, and of Those many pious Christians who have, and still do, contribute to support it: And a Reproach to our Country in general, the Families of whose Clergy are by the abovementioned Corruptions reduced to such a Condition, as to stand in need of it. How many worthy Men, both in Town, and Country, especially the Latter, of great Parts, and Learning, are bury'd in Obscurity, and broken by Penury and Want, so that they have not an Opportunity of shewing That Merit, which would otherwise shine in the World! But
Haud facile emergunt, quorum virtutibus obstat Res angusta domi.
And though, as I observed under the former Part of This Head, the
Wickedness
of some
Laicks
be the chief, nay the only full and adequate, Cause of the Contempt thrown upon
Ecclesiasticks
; yet certain it is, that the
Poverty
of the
Last
greatly contributes towards it: Which however it would not, could not do; were it not in Conjunction with the Vices and Irreligion of the
First
. So that the Clergy may apply to Themselves another melancholy Observation of the Heathen Author, just now cited:
Nil habet infelix paupertas durius in se,
Quam quod ridiculos homines facit.
The
Ignorance
of some of the Clergy needed not have been assigned by a certain very ingenious, though not very serious, Author, as a Cause of their Contempt, separate from their
Poverty
; the Latter being the chief Cause of the Former. For how can it be expected, that there should be very learned Incumbents upon Livings of Twenty, or Ten Pounds
per Annum
?
Many have a Saying among others equally wise, and religious, with reference to
Us
; That so much is
enough for a Clergyman
; always, you may be sure, naming
little
enough. But supposing it were twenty times as much; Why for a
Clergyman
, any more than for
any body else?
Are
They
of a different
Make
, or
Mould
, from
Others
? Or if
They
are; Their
Wives
and
Children
are not. Why should not such a one be not only well provided for, but very rich, as well as a Tradesman, or a Lay-Gentleman? He would probably, at least, make as good a Use of his Wealth, as either of
Them
: And is there any
Absurdity
in the
Thing it self?
Why No: But the Saying is
ill-natured, cruel, prophane
, and very
wicked
, as well as
senseless
, and
foolish
; And in
That
all the
Luxury
of it consists.
Another Maxim they have among them, nearly akin to the Former,
viz.
That a
Clergyman will be sure to lose nothing that's to be got
. Do they then really think, that We are peculiarly distinguished by This Character? Are We certainly more rapacious in getting, and more tenacious in keeping, than any other Set of Men; than Traders of all Kinds, and Persons possessed of Temporal Estates? Do they in their Consciences believe This? Do they not know the Contrary? The
Poverty
of the Church has been already considered: And were
This
true,
That
might, in some measure at least, plead our Excuse. Besides, We are obliged, not only in
Interest
, but in
Conscience
, to preserve the little Revenues of the Church from being still less; that our Successors may not be injured by our Negligence. But after all, The Fact again is notoriously false: Insomuch, that I fear Most of Us are wanting to our Duty in the other Extreme. It is well known, that being, by the Genius of our Profession, addicted to abstract Thinking, Retirement, and Contemplation, we are both less careful, and less skilful, in secular Affairs, than other Men.
Reason
tells us, that in
Nature
it
should
be so; and
Experience
tells us, that in
Fact
it is so. But These are a couple of popular Sayings, proceeding from the Follies and Vices of Those who use them; and doing much Mischief to Christianity; utter'd either with no Meaning, or with a very ill one; very often too utter'd in the Company of Clergymen; and so as inconsistent with good Manners, as they are with Religion.
Since I am upon the Subject of These choice Maxims concerning the Clergy, I will mention one more; which is,
That they come by what they have very easily
. An Assertion again so notoriously false, that it would be Folly to go about to disprove it. Surely These, and such like, foolish Aphorisms would be laid aside; did Those who use them speak their real Thoughts, after having considered; What an Expence is required for the Education of Persons dedicated to the Work of the Ministry, generally their whole Fortunes, and very often much more; so that for the most part they expend as much as would doubly purchase what they have, and yet labour for all their Lives long, with extreme Fatigue both of Body and Mind: That the Death of Many is occasioned by Those Labours, and for That very Reason their
Children
are much the sooner
Fatherless
, and their
Wives Widows
: That tho' they have an Advantage over Others, of an equal Fortune, by their ingenuous Education, and Acquaintance and Interest in the World, by which they are somewhat more likely to procure a Provision for their Children; yet That is at least ballanced by their coming late into their Preferments, or dying soon after it, even when they come into them earlier: That their Hospitality, and Charity, by Both which, in proportion to their Circumstances, they are generally distinguish'd from Others, greatly tend to impoverish them, and to make Them, and their Families, Objects of Charity Themselves; the Minister of the Parish, especially in Country Villages, being of course resorted to, upon all Occasions of That Nature: That their Dues lying intermingled with the Possessions of Others, Those Others are hardly persuaded to think they are not their Own; from whence it comes to pass, that they are with great Charge and Difficulty collected, and a great part of them as easily, as they are frequently, fraudulently, and sacrilegiously, kept back, and withheld from them: That their Kindness very often meets with most ungrateful Returns from ignorant, and wicked People, who owe their Subsistence, and perhaps Their Lives to them; (for, without venturing too far, or being Empiricks in the noble Art of Medicine, Clergymen may by their Learning be in some degree qualify'd to be Physicians of Bodies, as well of Souls, and generally do give Physick to the Sick, as well as Food to the Hungry: That it is not uncommon for a Person of considerable Birth, and of extraordinary Merit in all respects, to be trampled upon, and abused, together with his Wife and Children, by illiterate, unmannered, purse-proud Peasants, purely because he is poor, and a Clergyman: In a word, That very many Parochial Cures in This Nation are so miserably unendowed, that, with regard to Them, it would be scarce Sense for a Man to make even That wretched Request which it was prophesyed should be made by the Posterity of
Eli
, as a Punishment for the Sins of their Ancestors;
Put me, I pray thee, into one of
Those
Priests Offices; that I may eat a piece of bread.
1 Sam. 2.36.
This is the hard Measure of the Clergy in their Fortunes: And, as if This were not bad enough, they must likewise be slandered, and vilify'd in their Reputation. A fair Requital for the Expence necessarily previous to the Work of the Ministry, and for all their Care, and Kindness, their Labours and Watchings, in the actual Exercise of it. According to the Account given by some Men; the Clergy of
England
are as rich, crafty, powerful, and tyrannical as Those of the Popish Countrys. Whereas in Truth our Church pretends to no Power in Temporals; and has for some time had little more than the Name of it even in Spirituals: Her Clergy, generally speaking, being artless, and undesigning, to a Fault, and not enough skilled in secular Affairs. Much indeed has been done for their Relief by pious Benefactors, (may the God of Heaven return their Kindness an hundred fold into the bosoms of Them and Theirs:) Especially by our
late
most excellent, and truly religious,
Queen
; whose Piety shall be
had in everlasting remembrance
; and our Childrens Children shall
call her blessed
. But so great is the Evil; that there is still too much Room for farther Remedy. Which brings us to the Sixth and Last Observation from my Text;
viz.
That the Temporal Circumstances of Spiritual Persons in This Nation being (as we have seen) very hard and unequal;
VI. Good and pious Christians, whether Laity or Clergy, will, according to their Abilities, contribute to relieve and support them. We cannot, as
Elisha
did, relieve Widows and Orphans by
Miracle
; but we may by
Charity
: Charity, which is greater than the
Fides miraculorum
it self, more excellent than the
Faith, that removes Mountains.
Elisha
indeed was more than ordinarily obliged to be concerned for the Persons and Families of Prophets; because He himself was not only One, but the Chief of them. Yet
All
truly pious Persons in the Jewish Church ever had, and all such in the Christian Church have, and ever will have, a very great Regard to Both. Be helpful and assisting therefore, liberal and bountiful, to the indigent Prophets, while they live; and to their Relicts, and Orphans, after they are dead: And that not only while they are Partakers of This our Corporation-Charity; but
before
they come, and
that they may never
come to stand in need of it. Whenever, and which way soever it be; great is the
peculiar
and
distinguishing
Excellence of
This
Charity. If
he that hath pity upon the poor
, in general,
lendeth unto the Lord
; how much more does He, that supplys the Wants of his Ministers who wait at his Altar, and of Those who are most nearly related to them? How much more emphatically will the great Highpriest of our profession declare, that (as he condescends to insinuate) he is even personally obliged to Those
who
have
Thus
abounded in good Works;
Verily I say unto You, Inasmuch as ye did it unto the least of one of
These
my Brethren
, my Brethren in the Priesthood,
ye did it unto me
. Let the inestimable Benefits they confer excite you to be beneficent to
Them
; and give the
Bread which perisheth
to the Persons, and Families, of Those by whose hands the
Bread of Life
hath been so often administered. It is undoubtedly Their indispensable Duty, to endeavour, by all lawful, and honest Means, that their Wives and Children may never be Pensioners to This Society. But if, by the afflicting Providence of God, they become Candidates for it, and are unhappily qualify'd to be duly elected; They are
Widows
, and Orphans,
indeed
; and of all such the most proper Objects of Charity. The Father of the Family is dead, probably by the very pains he took in labouring to save Souls: His Relict, and Children, besides the Loss of so dear a Relation, have the additional Calamity of extreme Poverty, occasioned by That very Loss, which is, even in it self, so grievous, and afflictive; are driven from their
long-accustomed Home
, which, however
mean
, is
naturally loved
, and
with regret forsaken
; and peradventure are uncertain
where to lay their Heads
, within a few days after
He
is buried. So that to Such all good Christians should have a more particular View, when they put up That Petition in our excellent Litany;
"That it may please thee to defend, and provide for, the fatherless Children, and Widows, and all that are desolate and oppressed:"
And that yet more especially in These corrupt Times into which We are fallen; when, by the Growth of Profaneness and Irreligion, and Principles destructive of sacred Orders, the Clergy labour under so many other Pressures above-mentioned; and the Church her self is almost
become as a Widow
.
But I am insensibly sliding back to the foregoing general Head; and must return to the Subject of This. We make no invidious Comparisons between the Contributions which have been made by Ecclesiasticks, and Laicks, to This Fund of Charity: Of what Profession soever they be, may they all find their Reward in Heaven. It is, however, no very cogent Argument (though by Some strongly urged) that
We
should contribute most; because our Wives, and Children, may come to partake of it: There is, I confess, something in This; though it is, at best, but an uncomfortable Consideration. But We con tribute
towards
it; trusting in God, that, for That very Reason, our Wives, and Children, will be the
less likely
to partake
of
it. Be that as it will; certain it is, that, in proportion to our Abilities, the highest Obligation lies upon
Us
, who are both Sons of Clergymen, and Clergymen ourselves: The Next upon Such as are
of
That Order, though not
in
That Relation: The Third upon Such as are
in
That Relation, though not
of
That Order: And the Last upon Those to whom Neither of the aforesaid Characters belongs. And yet it may so happen, that the
Last mentioned
, may, in consideration of their more
plentiful Fortunes
, be obliged
most of all
: And so in proportion of the two intermediate Divisions. And to excite Those to This Charity, who are Laicks, and have no Relation to any Ecclesiastick; it may not be improper for Them to consider, that, since the Reformation, the greatest Mischiefs have ever been brought upon the State, and People, by Those who have been the greatest Enemies to the Church, and Clergy; And so on the Reverse: That the Children of Clergymen are incorporated into all Trades, and Professions; and as many Sons of the Clergy are Laymen, so many Sons of the Laity are Clergymen: That, however, in This we All agree, that we are All Christians, and
Sons
of the
Church
, though not of the
Clergy
. Let them, I say, consider These things; ever remembring That of our Blessed Saviour;
He that receiveth a Prophet in the name of a Prophet, shall receive a Prophet's reward: And whosoever shall give to drink unto one of these little ones a cup of cold water only
, (and much more, if he gives something considerable)
in the name of a disciple, shall in no wise lose his reward.
Matth. 10.41.42
Nor ought the present distressed State of Affairs to deter us from This good Work; but rather to have the contrary Effect: That so we may avert God's further Judgments, which Now hang black and threatning over us. And indeed the best Prospect we have is opened to us by publick Charities: By which This Age, however corrupt in other Respects, is, to its immortal Honour, eminently distinguished. But whatever be our Lot in This World; let us do our Duty, trust in God, and be chearful, and of good Courage, particularly do our Duty in the Instance I have been now recommending: By which means we shall have the easier Admittance
into everlasting Habitations
; even those Habitations, where the Distinction between
Clergy
and
Laity
will be
abolished
; Where there will be
no more Widows
nor
Orphans
; No more
Sorrow
, nor
Crying
, nor
Pain
; No more
Marrying
, or being
given in Marriage
; No more
Controversy
in Religion, nor
Corruption
of any Sort; Where not only
Prophesy
of
all Kinds
, as well as
Faith
, and
Hope
, but even
This Kind
of
Charity
itself shall forever cease; and the
Church
of Christ be completely
Triumphant
.
ERRATA.
FINIS.
A SERMON
Preached
in the PARISH-CHURCH OF St.
Butolph's Aldgate
, IN THE
CITY
of
LONDON
, ON Sunday the thirtieth Day of
November
, In the Year of our LORD 1729. Occasioned by the Erecting of a PLAY-HOUSE In the Neighbourhood.
Published at the Request of several of the Auditors
.
By
ARTHUR BEDFORD
; M.A. Chaplain to the Worshipful the Haberdasher's Hospital at
Hoxton
, and Preacher of the Afternoon Sermons on Sundays at St.
Butolph's Aldgate
, aforesaid.
LONDON
: Printed by
Charles Ackers
in
Great-Swan-Alley
, St.
John's-Street
; and Sold by J.
Hooke
at the
Flower-de-Luce
, overagainst St.
Dunstan's
Church, in
Fleetstreet
; W.
Meadows
at the
Angel
in
Cornhill
; and T.
Cox
under the
Royal-Exchange
. (Price Six-Pence.)
TO THE Worshipful His
Majesty's
Justices of the Peace in and near the Parish of
Whitechappel
, in the Suburbs of the City of
London
, and in the County of
Middlesex
.
May it please Your Worships,
YOUR pious and laudable Zeal exerted against the
PlayHouse
, lately erected in your Neighbourhood, encourages me to dedicate to You what I have done for the same End, though in another Manner. And as I doubt not, but Your Endeavours are acceptable both to GOD and all good Men, and even to all those, who cannot be supported in your Neighbourhood, but by Trade and Industry, and who dread the Consequences of Idleness and Extravagancy, especially in these Parts; so if this small Treatise is acceptable to Yourselves, it will be a very great Satisfaction to
Your Worships most Affectionate, And most Humble Servant,
Arthur Bedford
.
2
Tim.
ii.16.
But shun profane and vain bablings; for they will increase unto more ungodliness.
THE Erecting of a
Play-House
in the Neighbourhood obliges me to warn this Congregation of the great Evil and Danger in Frequenting them: So that though there are many Vices in Conversation, which this Text adviseth us to avoid, I shall at present only apply the same to the
publick Actings
of the
Stage
in
Comedies
and
Tragedies
, and other Diversions of the same Nature, and endeavour to shew, That we ought to
shun
those
profane and vain bablings
, since a long Experience doth fully convince us, that
they
do
increase unto more ungodliness
.
In order to this it may be thought requisite, that I should prove these Diversions to be
profane and vain bablings
. But since this is as evident, as that the Sun shines at Noon-Day, since none in this Age deny it, except Persons of lewd Morals, and a reprobate Sense, I think, the Matter too notorious to be at this Time insisted on, and only desire such, who doubt the Truth hereof, that they would seriously peruse
the View of the Immorality and Profaneness of the
English
Stage, with the Sense of Antiquity on this Argument
.
By
Jeremiah Collier.
And also a smaller Treatise, entituled,
A Representation of the Impiety and Immorality of the
English
Stage, with Reasons for Putting a Stop thereto, and some Questions address'd to those, who frequent the PlayHouses
, or some others of those many Treatises which have been since published on the same Subjects; in the Perusal of which they may be fully satisfied, That the Misbehaviour of the
Stage
, in Respect to Morality and Religion, is intolerable, and it doth far exceed the Examples of the former, and even of the Heathen Ages and Poets, and the Liberties, which they take, are often offensive to the Profession of
Christianity
, which plainly appears from their
lewd and filthy Communication
, their
Swearing, Cursing, Blasphemy, Profaneness, and lewd Application of Scripture
; their
Abuse of the Clergy
, to make the Religion, which they profess, vile and contemptible; and also their
Giving great Characters to Libertines
, or Persons who scruple no Vice or Immorality, and Bringing them off with Honour and Success: How a fine
Collier's
View of the Stage, Page
143.
Gentleman is a whoring, swearing, cursing, smutty, atheistical Man. These Qualifications serve to compleat the Idea of Honour, and are the top Improvements of Fortune, and the distinguishing Glories of Birth and Breeding; and when all this is added to bold and daring Attempts after rich Fortunes, they are rewarded according to their Wishes, and instruct the Audience how to carry on the same Intreagues to the Ruin of other Families. In short, their Actions are chiefly designed to gratify such Persons, as are of vicious and debauched Principles, who
fear not GOD, and regard not man
; since it is generally from such, that they have their Wealth. Hence it is, that their Poets seldom scruple to speak Blasphemy, rather than lose a Fancy, and to affront their GOD, whilst they adore their Mistress. Hence it is, that they look upon the Regulating the Play-Houses, and Keeping them within the Bounds of Modesty and Religion, to be the greatest Persecution, and which would in the End prove the Suppressing of them. For as they have given a just Scandal to good Men; so if they had not such Acts and Expressions, which will please the bad, they must fall at once, and Necessity will compel them to take other Employments. I shall not therefore spend any Time in Proving these Things to be
profane and vain bablings
, but endeavour to shew you the Reasons which should induce us to avoid them, and especially that which is mentioned in the Text; because, if they are encouraged,
they will increase unto more ungodliness
.
To this End let us first consider
the Precepts
and
Examples of the Primitive Christians
. It is
Collier's
View of the Stage, from Page 250 to Page 276.
very remarkable, that the
ancient Fathers
have spoken most fully, against the
Plays
, which were used both in
Rome
and
Greece
; and, if we did quote all, which hath been said by them upon this Subject, we must transcribe a great Part of their Works, since they have written particular
Books
, as well as
Homilies
or
Sermons
, upon this Occasion.
Lactantius
Lactantius,
lib.
6.
cap.
20.
wondered at the Practice of the
Heathen Philosophers
, who were present at the Actings of such
publick Interludes
, and saith, That
because they are the publick Allurements of Vices, and do so effectually prevail to the Corrupting of Men's Minds, they ought to be suppressed; especially because they are not only unprofitable in Bringing us to Heaven, but are also very pernicious in Sending us to Hell.
And in
Lactantius,
lib.
6.
cap.
21.
another Place he asks this Question,
Who would not look upon that Man to be very wanton and wicked, who did suffer such Acts in his own House?
And then he adds, That
there is no Difference, whether we are guilty of Lasciviousness alone at Home, or encourage it by Frequenting the same publickly in the Theater.
St. Cyprian
Cyprianus in Epistolâ ad Donatum.
saith, That
Adultery is learned, whilst these things are seen; and the chast Matron, who goes to behold such Sights, returns Home with a corrupt and debauched Mind.
Here (saith he)
Wickedness is beheld most willingly and with Delight. What then cannot such Actions persuade others to do?
And therefore he adviseth us to
consider, Whether a Person can be either innocent or modest, who is present at such Things?
And as the
Dr.
Cave's
Primitive Christianity, Book
2.
Chap.
2.
Page
32.
Primitive Christians
did constantly urge the Necessity of Abstaining from these
Plays
; so such, as owned themselves
Christians
, did as conscientously follow their Advice. They went not to the publick
Games
, nor frequented the
Shows
, which were made for the Diversion and Entertainment of the People; and this was so publickly known that the Heathens charged it upon them as a Crime.
Cæcilius
in
Minutius Fælix
Pag.
34, Oxford
Edition
.
complains thus, That
the
Romans
governed and enjoyed the World, whilst the
Christians
in the mean time were careful and mopish. They abstained from such Pleasures, they visited not the Shows, nor were present at the Pomps. They frequented not the publick Feasts, but abhorred all such Diversions.
This
Octavius
, the
Christian
, granted to be
true
, when he pleaded their Defence, and said in Answer to this Charge, That
Page
106.
since they were endued with Modesty and Sobriety, they had just Cause to abstain from those evil Pleasures, their Pomps and Shows, and to condemn them as hurtful Allurements.
And he gives this Reason,
because in those Acts and scenical Representations their filthy Communication is as great as their Madness, whilst the Actors speaking of Adulteries incite them, and the Stage-Players by Describing of Lust do inflame their Hearers.
In short,
Dr.
Cave's
Primitive Christianity, Part
2.
Chap.
2.
Page
32.
they thought, they could not be present at these Plays without great Sin and Shame, without Affronting their Modesty, and Offering a Distaste and Horrour to their Minds. They look'd upon the publick Sports and Pastimes of those Days, as the Scenes not only of Folly and Lewdness, but of great Impiety and Idolatry, as Places where the Devil eminently ruled, and reckoned those to be his Votaries, who went thither.
And as they thought it a great Crime to be present at such Sports; so they looked upon it as contrary to their
Baptismal Vow
. At the Time when Persons were baptized, they were
Constitutiones Apostolicæ
,
lib.
7.
cap.
42.
pag.
993.
among others asked these two Questions,
Dost thou renounce the Devil, and all his Works, Powers, and Services? And dost thou renounce the World, and all its Pomps and Pleasures?
And to each of these Questions the Party answered, saying,
I do renounce them.
And each of these Questions they supposed to be directly levelled against the Thea ters. St.
Cyril
Cyrillus Hierosolym.
Catech. Myst. Vol.
1.
Page
510.
expounding the Word
Pomps
(the Word which we still use in our Baptism, in a Question of the same Nature) expresly tells us, that thereby is meant
The Sights and Sports of the publick Stage
. Those
Dr.
Bray
on the Church-Catechism, Sect.
19.
pompous Spectacles, Plays, and scenical Representations
exhibited in the
Roman
and
Grecian Theaters
, which, because they were so lewd, cruel, and impious, it was an early Custom for the
primitive Bishops
and
Fathers
of the
Church
, in their Discourses to the
baptized Persons
, strictly to enjoin them not to frequent, or so much as once to be present or seen at such Places. They reckoned
It
may
be observed from St.
Cyril,
that the Word
Pompa
is used to signify the
Acts
of the Stage, tho' that is not its only Meaning. It may also be observed, that the Word was used in this Sense both by
Heathens
and
Christians.
The
Heathen
in
Minutius Fælix
charged the
Christians
with this pretended Crime,
Non Pompis interestis
; and the
Christians
confessed the Charge, saying
meritò malis voluptatibus, & Pompis vestris, & Spectaculis abstinemus
. And therefore as the Word
Pomps
is expresly used in our Renunciation at Baptism, and in our Church-Catechism; as also we ratify and confirm the same in our own Persons at Confirmation, and as the Word is of a
Greek
Original; so, I think, that there is Reason to take it according to the Sense of a
Greek
Father, and not confine it only to the Sense, in which the
Latins
often used it.
all those
Pomps
as
Allurements
to
Vice
, and those
Houses
as so many
Synagogues
of
Satan
, and consequently, that by
Renouncing the World and the Devil
they also renounced them. Accordingly
Tertullian
tells us
Lib. de Spectaculis
. Page 701. Edit. Basil 1562.
of a
Christian Woman, who, going to the Theater, was there possessed by the Devil; and when the evil Spirit at his Casting out was asked, How he durst set upon a Christian? he presently answered, I did but what was fit and just, for I found her upon my own Ground.
Neither is this the only Instance, which he there mentions, but he saith, that
there are other Examples of those, who, while they held Communion with the Devil by Frequenting those Shews, did at the same Time fall away from the Faith.
And then he adds,
For no Man can serve two Masters. What Communion hath Light with Darkness? And what Fellowship hath Life with Death? We ought
(saith he)
to hate those Meetings and Assemblies of the Heathen, because there the Name of GOD is blasphemed.
And after this he expostulates thus with those in his Time,
Do you doubt but that in the Minute, in which you shall be present at the Synagogue of Satan, all the Angels do look down from Heaven, and behold every one who speaks the Blasphemy, and who hears it, who lends a Tongue, and who lends an Ear to the Devil to be employed against GOD? Will you not therefore avoid that Seat of the Enemies of CHRIST, that infectious Chair, and that Air, which is polluted with such wicked and profane Discourse?
And therefore since our
modern Plays
, which are acted in those Houses, are no less inferiour to the
ancient
Ones in
Impiety
and
Lewdness
than they are in
Show
and
Pomp
; we may suppose, that those
ancient Fathers
, if they had lived in our Days, would have expressed their Resentments now, in the same Language which they did then. Since they have such a malignant Influence upon Faith and Manners, (as it is owned almost by all Persons, and as it is generally complained that they have) they may be reckoned among the Works of the
Devil
, as well as those of former Ages, and therefore ought not to be encouraged by such, who call themselves
Christians
. And since we also have been
baptized
, and have promised to
Renounce the Devil and all his Works
, as well as
the vain Pomps and Vanities of this wicked World, and all the sinful Lusts of the Flesh, so that we will not follow, nor be led by them
; we ought, as they did, to consider the Nature of our
Baptismal Vow
, and
Prov. ii.17.
beware, lest we break that
Covenant
, which we so solemnly made
with our
GOD.
That this is our present Case may be abundantly seen in many Books and Treatises, which have been printed on this Subject; among which I shall only mention one of the greatest Rank among us, which is Archbishop
Tillotson
, who in
In his third Sermon concerning the Education of Children, Page 220. First Edition.
one
Sermon
calls the
Play-House
the
Devil's Chapel
, and
the School and Nursery of Lewdness and Vice
. And in another
Vol.
11,
Page
319,320,321.
he saith, that
the Plays do intrench upon natural Modesty, and for that Reason are forbidden and condemned by the Christian Religion; and (as they are now ordered among us) are a mighty Reproach to the Age and Nation.
That
they are intolerable, and not fit to be permitted in a civilized, much less in a
Christian
Nation, and that they do most notoriously minister both to Infidelity and Vice. By the Profaneness of them they are apt to instil bad Principles into the Minds of Men, and to lessen that Awe and Reverence, which all Men ought to have for GOD and Religion. And by their Lewdness they teach Vice, and are apt to infect the Minds of Men, and dispose them to lewd and dissolute Practices. And therefore
(as he adds)
I do not see how any Person, pretending to Sobriety and Virtue, and especially to the pure and holy Religion of our blessed SAVIOUR, can without great Guilt, and open Contradiction to his holy Profession, be present at such lewd and immodest Plays, much less frequent them, as too many do, who yet would take it very ill to be shut out of the Communion of
Christians
; as they would most certainly have been in the first and purest Ages of
Christianity
.
And now let us consider the Reason, which the
Apostle
urgeth in the Text. If we should encourage this Evil, it will make Way for more: And, if we do not
shun
these
profane and vain bablings, they will increase unto more ungodliness
. In vain do we pretend to a
Reformation of Manners
and a
Regulation of our Youth
, when such Temptations lie in their Way, which, if frequented, will certainly debauch them. In this Case we must expect that Youth will follow what is most agreeable to their corrupt Inclinations; and whilst the Temptations are equally strong on either Side, and the Heart of Man is fully set in him to do Evil, we cannot but expect, that the Consequences hereof will be fatal to some, and that the
Devil
will not be wanting to make Use of such Opportunities to tempt Men to Sin, until they are involved in eternal Destruction. The sad Experience hereof made
Menander
, a Heathen
Poet
, to say, That
evil Communications do corrupt good Manners
; which was so certain and true, that it became a
Proverb
in
Greece
, and was afterward assented to by St.
Paul
, who inserts the same into the
holy Scriptures
with a particular Caution of his own, lest we should be deceived by such Insinuations. And therefore it may not be amiss to suppose, that St.
Paul
, directing his Epistle to
Timothy
at
Ephesus
, where the
Comedies
of
Aristophanes
were frequently acted, might have a particular Reference to these Enormities, when he advised him to
shun profane and vain bablings
, because
they
would
increase unto more ungodliness
: And indeed we there find the Effects thereof, for
Strabo
Geogr. lib.
14.
pag.
41.
their Manners were
loose
and
profligate, wanton
, and
effeminate
; and they had an Injunction in their common Discourse,
Let none of ours be thrifty
. And if this was the Case in a City, where they could hardly be worse, what Degeneracy must be expected in a Place professing
Christianity
, and making, at least, some Show of Religion?
But it is not sufficient to speak of the Increase of Ungodliness in general; and therefore I shall mention some particular Vices, which seem, in a great Measure, to be the Effects of our present Stage and their Actings.
The first is, The Profaning of GOD's Name by
Swearing, Cursing
, and
Blasphemy
. The Increase of this Vice is most amazing, and no one that walks the Streets is sure, that he shall not hear People calling upon GOD to
damn
and
confound
, sometimes themselves, and sometimes others, and more particularly that the
Plague
may rot them. There are innumerable and intolerable Examples of these Sorts in our modern Plays, as they have been fully exposed by later Authors; and these are spoken as Patterns for the
Bullies
of the Age to imitate. The Disappointments in
Comedies
are never thought to be sufficiently express'd, nor the Passions in
Tragedies
to be sufficiently rais'd, until their Resentments are mixed with such hellish Language. Neither are they contented with such as are more common, because it looks as if they had not Wit enough to affront GOD more effectually than their Neighbours; but they are daily inventing a continual Variety of this Nature, as if the
Play-House
was only a Forge to hammer out new Pieces of Armour, whereby to rebel against GOD, and bid him Defiance. They who hear them with Delight soon learn them, and afterward use them in other Places; and thus like Persons sick of the Plague (which they often call for) they carry the Infection from Place to Place, and so it overspreads the Nation.
Secondly, Murthers
are often the Effects of the
Stage
. Many of our modern
Tragedies
are designed to shew the Success of such, who think their Wills to be a Law, who hector at, quarrel with, fight and destroy all before them. To these it is that the Actors pay Respect, give them great Titles, admire their Courage, and praise their Vices, instead of Virtues. Such Sights, Bloodshed, and Murther, being shewn on a Stage, do by Degrees occasion the Spectators to be cruel and outrageous; and Men do there learn to be
inhuman
. Such Persons, who are in the Heat of Youth, and are of a proud and passionate Temper, immediately think, that they may act the same Parts upon the publick Stage of the World, and come off with the same Success, until they are convinced of their Error, when perhaps it is too late. And it is very observable, that the greatest Persecutions, which were ever raised against the
Christians
, were began and carried on in
Heathen Rome
, where they had their
Theaters
, and their
Tragedies
were most frequently acted. This made them more cruel and delight in Bloodshed, insomuch that, at last, the Martyrdom of the Saints became their Diversion, and
Christians
were in Reality brought forth, and devoured by wild Beasts, to make Pastime for those, who had pleased themselves with such Resemblances. And since the Reformation it is as remarkable, that the most dreadful Persecutions against the Protestants, and all their Designs to destroy our Religion, have either been begun, or, at least, carried on and promoted by that City. This is the
great Whore
, who hath been diverted by the
Theaters, Carnivals
and
Ju bilees
; and, as she was addicted to such Sports and Pastimes, it may be the less wondered at, that in all Ages she hath made herself so
drunk with the Blood of the Saints
. And even, among ourselves, it will be difficult to find one Instance of a Challenge or a Duel, except among such, whose Spirits have been warmed by being present at such a Furnace as this. But, having seen such Things in jest, they lose their Lives in earnest.
Thirdly, Adulteries
and
Whoredoms
are the common Effects of the
Stage
. In one of our
Plays
Gibraltar.
Page
6.
Line
9.
Whores
are dog-cheap here in
London
. For a Man may step into the
Play-House
Passage, and pick up Half-a-dozen for Half-a-crown.
an Actor boasts, that this Effect is so visible in their Neighbourhood, that their Hearers cannot fail of Opportunities for such a Purpose. And indeed the notorious Immodesty, both in Words and Actions, which are there both heard and seen, the filthy Songs which are there sung, and the
Musick
framed by the Composers with such Notes, as will most affect the Passions, are but as so many Temptations to Lust, and serve only to instruct the Hearers, how to carry on their own filthy Designs, that so, at their Departure thence in a mix'd Company, they may go (if possible) to a worse Place, and be the real Actors of what was thus represented. Neither do the Effects stop here. These Songs are taught to young Ladies to sing, before they are sensible what they mean, and so the Parents pay for the Ruin of their own Children. Thus they learn Love-Songs, and such as are frequently intermix'd with Smut, and even Motives to Lust: These they are obliged frequently to repeat, before they can learn them, and the
Musician
seldom fails to set the worst Part off to the greatest Advantage; sometimes by a frequent Repetition of the Words, sometimes by Affecting Divisions, and always by such soft Notes, which, they too well know, will work upon that Passion. This of course makes them wanton, and so they think of Husbands, before they are capable to choose for themselves. Thus they are soon ensnared to gratify their Passions, by others who only catch at their Fortunes; and are often tempted to worse Acts, which prove the Ruin of themselves, and the Sorrow of their Parents. Thus our noble Science of Musick is debased, and, like Cannon taken by the Enemy, is directly levelled against the first Proprietor. It was, at first, intended in the Church of GOD to set forth his Glory both in publick and private, and be a Help to us in our Way to Heaven; but, instead of this ancient Design, it is abused to his Dishonour, and there is very little private Use made of it, unless it is to debauch Mens's Morals, to heighten their Lusts, and send them directly into the Road to Hell. Good Men may wish, and pray, and endeavour for a Regulation; but it must be an over-ruling Providence which can effect it, and to him alone in such a Case must the Glory be given.
Fourthly, Idleness
is the common Effect of the
Stage
. It is with great Difficulty, that Youth are kept to Labour and Industry; and therefore all Temptations to the contrary are prejudicial. But, when such leave their Callings to go to the Plays, it is but seldom, that the Masters have any Command of those who are under them. They have a strange Inclination to go thither again and again; and so all necessary Business shall be neglected to gratify their Fancy. Besides, it is usually late, before the
Plays
are ended, and, if the Company is large, the Heat of the Place will make them thirsty. This exposeth them to go to
Taverns
and
Alehouses
, and then it is so much the later, before they return Home. By this Means Families are disordered, and forced to keep unseasonable Hours, and therefore they cannot be so early about their lawful Callings. After this, such Youth think themselves too good to be confined, and grow weary of the Station, in which GOD hath placed them. Thus the Principles of Idleness and Extravagancy are strangely infused into such People, as resort to these Places, which often tend to their utter Ruin. This may be an Argument to persuade all Tradesmen and Shopkeepers to restrain their Children, Servants, and Apprentices. If they are suffered to go thither, they will be apt to frequent them; and, if they have no Money of their own for such a Purpose, they will be apt, as Occasion requires, to steal it from their Parents and Masters, which being done by little and little, it may be long before it is missed in the Way of Trade, and after that it will be impossible to know how much they have been injured.
Fifthly, Contempt of all Religion
is too often the Effect of the Stage. As such Persons seldom scruple to speak the most horrid Blasphemies, as a Diversion and Entertainment to their Company; so we cannot expect, that they, who are delighted with such Things, can be reckoned Men, who have any Sense of the Honour of GOD, or Fear of his Judgments. Nothing is more common here for such, than to affront their Maker, and make a Goddess of their Mistress, to think of no Heaven, except in her Company, and no Hell, but to be kept from her. This and much more, which one would tremble to relate, is the Language of the PlayHouse, and indeed some of the best. An Author in the latter End
A short View of the Profaneness and Immorality of the
English
Stage;
by
Jeremiah Collier;
the first Edition whereof was about the Year
1686.
of the last Century, speaking of this
A short View of the Stage,
Chap.
2.
Page
56,
&c.
Subject, quotes out of the printed Plays, then extant, several Examples, where
Page
60.
the Service of GOD in a Church and Prayer is ridiculed, where they
Page
61.
swear by
Mahomet
,
Page
81.
contemn even Heaven itself, and
Page
61.
give the Preference to a
Turkish
Paradise; where
Page
63.
they make a Just of their
Baptismal Vow
, where
Page
81.
they look upon
Providence
to be a ridiculous Superstition, and affirm,
Page
78, and 147.
that none but Blockheads pretend to Religion. In one of their Plays,
Page
66.
like
Lucian
and
Celsus
, they deride the Resurrection. One
Page
68.
speaks against the Immortality of the Soul, and
Page
67.
another brings in a
lewd Italian
Proverb for Authority, in Contempt of the
holy Scriptures
. All this was in the Infancy of this Impiety, which is now grown up to a Monster. Since this we have had the
Devil
Thus an Actor speaks to the Devil in the
British Enchanters,
in order to gratify his private Revenge. Page
12.
Line
22.
See it perform'd and thou shalt be,
Dire Instrument of Hell, a God to me.
directly owned as a GOD, in Defiance of the first Commandment, he is called
The British Enchanters,
Page
16.
Line
2.
Forbear, rash Mortal, give thy Frenzy o'er
For now thou tempt'st a more than mortal Power.
a more than mortal Power
; and the Inference is, that it is a
Rashness
and
Folly
to resist him, not without a profane Allusion to that Text of
Scripture
,
Deut. vi.16. Matth. iv.7.
Thou shalt not tempt the LORD thy GOD
. Here we have the
See the Book intituled,
A serious Remonstrance in Behalf of the Christian Religion, against the horrid Blasphemies and Impieties, which are still used in the
English
Play-Houses, to the great Dishonour of Almighty GOD, and in Contempt of the Statutes of this Realm,
particularly Chap. 7. or,
The Divine Attributes ascribed to the Devil on the Stage,
Page 76 to Page 90.
Eternity
, the
Omnipresence
, the
Wisdom
and
Knowledge
, the
Goodness
, the
Truth
, and the
Vengeance
of GOD, in plain
English
, attributed to the
Devil
. Accordingly he is frequently pray'd to, and mentioned instead of GOD, in their serious Ejaculations. In one
The Metamorphosis,
Page
14.
Hail, Powers beneath, whose Influence imparts
The Knowledge of infernal Arts;
By whose unerring Gifts we move
To alter the Decrees above,
Whether on Earth, or Seas, or Air,
The mighty Miracle we dare.
That is, Wherever the Actors come, they set the great
GOD
of Heaven at Defiance, provoke him to enter into Judgment, and even dare him to do his worst. This is but the third Part of the Song, which concludes with invoking the Help, and craving the Assistance of these infernal Powers; but I suppose that the Reader doth not desire that I should transcribe any more, since, if
GOD
should enter into Judgment, all the Blood of the Nation is not sufficient to atone for this.
Comedy
there is a Song directly in Praise of the
Devil
, and the
Matth. xxviii.9.
Salutation of
our
SAVIOUR to his
Apostles
after his Resurrection, and of
Luke i.28.
the Angel to the
Virgin Mary
, is not only in
Mackbeth,
Page
4.
Line
34,35,36.
and Page
5.
Line
9,10,11,15.
The Word is
Hail,
which is now grown obsolete and out of Use, and others are come up instead of it; so that on our present Stage, it hath neither Wit nor Sense, but as it is a profane Burlesquing of the
sacred Scriptures.
another Place put into the Mouth of a Witch; but here it is given as a Compliment to these
Powers beneath
, who are there represented as altering the divine Decrees; and it is farther added, that the
Actors
, wherever they come, do in this Manner provoke the Divine Justice, and dare even the GOD of Heaven to do his worst. In
The Recruiting Officer,
Page
50.
Line
32.
Look ye, fair Lady, the Devil is a very modest Person, he seeks no Body, unless they seek him first; besides, he is chain'd up like a Mastiff, and cannot stir, unless he is let loose.
This Expression makes the Petition very impertinent, which
Our SAVIOUR
hath commanded us to use
,
Lead us not into temptation, but deliver us from the evil
;
and gives the Lie to the Expression of St.
Peter, 1 Epist. v.8.
Be sober, be vigilant; because your adversary the devil, as a roaring lion, walketh about seeking whom he may devour.
a late Play, frequently acted, the
Devil
is expresly said to be
a very modest Person
, with other Expressions, too vile to be mentioned in this Place. In the
Old Testament
we are strictly charged
Exod. xxii.18.
not to
suffer a witch to live
, and the
New
Gal. v.19,20.
Witchcraft
is mentioned as
the works of the flesh
, and that
they, who do such things, cannot inherit the kingdom of
GOD.
In a
Play
, very frequently acted at this Time, we have
Mackbeth,
Page
39.
l.
38.
and p.
44.
l.
9.
Musick
, and
Ibid.
p.
24.
l.
32.
p.
25.
l.
19.
p.
39.
l.
38.
p.
40,
l.
1,17
and
23.
Songs
, and
Ibid.
p.
25.
l.
19.
p.
26.
l.
6
and p.
44.
l.
9.
Dances
for
Witches
; they enter
Ibid.
p.
3.
l.
22.
flying upon the
Stage
, and
Page
1.
l.
14.
go off again in the same Manner, and
Ibid.
p.
41, &c.
Act
4.
Scene
1.
a whole Train of Witchcraft is imitated. In their Discourse
Ibid.
p.
3.
l.
23.
they talk of commanding the Winds, and making foul Weather to the Distress of Mariners, and Revenge of themselves. In one of their Songs they give us an Account
Ibid.
p.
25.
l.
19.
of their merry Way of Living, and that
Ibid.
p.
40.
l.
18.
all Things go fair for their Delight
; and after that
Ibid.
p.
40.
l.
23.
Oh, what a dainty Pleasure's this,
To sail i'th' Air,
Whilst the Moon shines fair,
To sing, to toy, to dance, and kiss!
Over Woods, high Rocks, and Mountains,
Over Hills, and mighty Fountains,
Over Steeples, Towers, and Turrets
We fly by Night 'mongst Troops of Spirits.
No Rings of Bells to our Ears sounds;
No Howls of Wolves nor Yelps of Hounds:
No nor the Noise of Water's Breach,
Nor Cannons Throats our Heights can reach.
From all the deceits of the world, the flesh, and the devil, Good LORD deliver us.
they solemnly commend
Witchcraft
, in a large Song for that Pur pose. From this
Play
we may see what Freedom they take on all Occasions with the
sacred Scriptures
. In these Books we are told,
Job xxviii.26. Psal. xviii.11,12,13,14. Psal. xxix.3.
that it is the
glorious GOD
, who
makes a decree for the rain, and a way for the lightning and the thunder
, and
Psal. cxxxv.7.
brings the winds out of his treasures
. Here we have these Things represented as
Rinaldo,
p.
45.
l.
23. The British Enchanters,
p.
16.
l.
19.
p.
33.
l. penult, and p.
34.
l.
8.
raised by
Devils
, and also
Mackbeth,
p.
1.
Act
1.
Scene
1.
and p.
3.
l.
21.
Where Showers are added, and the Witches speak thus to one another
,
When shall we three meet again,
In Lightning, Thunder, and in Rain.
by
Witches
, and their Diverting themselves at such a Time. The
Scriptures
, speaking of the Glory of GOD, say,
Psal. civ.3.
That
he maketh the clouds his chariot, and walketh upon the wings of the wind
. And a like Expression is used by an Actress on the Stage, when she speaks of
Mackbeth,
Pag.
39.
line penult.
Hark! I am call'd, my little Spirit (see)
Sits in a foggy Cloud, and stays for me.
the Devil sitting in a foggy Cloud at the same Time. And to add but one Instance more, The
The Prophet
Micaiah
describes the Majesty of
GOD
in this Manner
, 1 Kings xxii.19,20,21,22.
I saw the LORD sitting on his throne, and all the host of heaven standing by him on his right hand and on his left. And the LORD said, Who shall persuade Ahab, that he may go and fall at Ramoth Gilead? And there came forth a spirit and stood before the LORD, and said, I will persuade him. And the LORD said unto him, Wherewith? And he saith, I will go forth, and I will be a lying spirit in the mouth of all his prophets. And he said, Thou shalt persuade him, and prevail also. Go forth, and do so.
Words of the LORD;
sitting upon his throne
, are put into
In
Mackbeth,
Page
38.
Line
34.
the Devil thus speaks to his Witches
.
I shall, e're Night,
Raise from the Center such a Spright,
As by the
Strength
of his Illusion
Shall draw
Mackbeth
to his Confusion.
For the same Purpose, they utter three ambiguous Prophecies to make him bold,
Page 43. Line 6,9, and 17,
which being taken in a wrong Sense, was the Cause of his Destruction, and added a greater Reputation to the Oracles of the
Devil,
See
Page 59. Line 25.
for the two first, and
Line 17.
for the other.
From the crafts and assaults of the devil, from thy wrath and from everlasting damnation,
Good LORD deliver us
.
the Mouth of the
Devil
, that he may vie with him upon the like Occasion, when he speaks to his Witches, as the blessed GOD did to his holy Angels. In short, we have Reason to believe, that the constant Ridiculing, Burlesquing, and Exposing the
sacred Scriptures
with such a general Approbation from the Audience, is a great Reason of the Infidelity of the present Age; and hath made others so bold, as to treat the Prophecies of the
Old Testament
, and the Miracles of
Our
SAVIOUR in the
New
, with such Scorn and Contempt, and as Cheats and Impostors, the like whereof cannot be met with since the Creation of the World: For he, who will read but a few Pages in these printed Books, may soon perceive, that they are the perfect Imitators of the
Play-House
Language.
Lastly
, It is a Question, how far the
Stage
hath encouraged even the frequent Robberies on the Roads, and in the Streets. There is something new and surprizing, which offers it-self on this Head. In a late
Play
, which hath had a prodigious Run, to the Scandal of this Nation, we have a
The Beggars Opera
Drama
.
Crew of Beggars
, made so by their own Vices and Extravagancies. The Women, without any Sense of Decency, own themselves to be common
Page 30. line 26. and 30. p. 31. l. 7,12,19,21 and 23.
Whores, and seem to
glory in their shame
; and, to supply their Necessities, they take to
Page 29 and 30.
Picking of
Pockets
and Shoplifting, and
Page 24,25 and 26.
the Men are for
Robbing
on the Highway. Here we have
Page 2. line 31; and p. 9, l. 7.
Methods chalked out to train up Persons to Stealing. Here we have
Page
8.
line
13.
p.
30.
l.
15.
Picking of Pockets
encouraged, Highway Robberies pleaded for both in
Page
24,
throughout
.
Prose
and
Page
26.
l.
31.
in
Verse
, with
Page
25.
l.
17.
Methods for Intelligence, and
Page
5.
l.
14
and
22.
Murders allowed in such Cases. Here we have also a
Page
30.
l.
1,5,8.
Toleration for Going off with the Goods of the honest Tradesman. Here the Laws, which are made in such Cases, are
Page
24.
l.
17.
exposed. Here we have
Page
21.
l.
11.
p.
24.
l.
27
p.
53.
l. penult. p.
54.
l.
2.
p.
68.
l.
12.
p.
72.
l.
5.
and p.
74.
l. antepenult.
the
Courtiers
, and
Page 9. line 35. p. 28. l. 30. and p. 29. l. antepenult.
Court Ladies
Page
1.
l.
12.
p.
38.
l.
5,12,
and
18.
States-Men
Page
6.
l.
11.
p.
11.
l. ult.
Lords
,
Page
6.
l.
11.
p.
15.
l.
12.
Gentlemen
, and
Page
15.
l.
22.
p.
16.
l.
6.
p.
21.
l.
11,
and p.
31,
l.
31.
Lawyers
, treated with the utmost Scorn and Contempt, for no other visible Reason, but because they desire to be secure in the Possession of their own, and are therefore willing to put the Laws in Execution against such Practices as these. Here we have
Page
1.
l. ult.
a Thief-Advocate, who acts both against Rogues and for them; that is,
Page
16.
l.
11.
he receives stolen Goods, and
Page
7.
l.
23.
p.
55.
l.
24.
and p.
57.
l.
16.
disposes of them, both at Home and Abroad, and
Page
14.
l.
24,
and p.
39.
l.
23.
sometimes to the right Owners. His Business is to teach them how
Page
2.
to plead, to
Page
2.
l.
1.
encourage Cheats, to
Page
2.
l.
10.
soften the Evidence,
Page
66.
l. penult.
to sinke them, or
Page
68.
l.
6.
nail up their Lips, as
Page
67.
l. penult.
in his Power. This he doth, when the Person (as he calls it) is
Page
4.
l.
1.
active and industrious, and to save them from Transportation, because he can get more by their Stay at Home. He hates
Page
3.
l. penult.
a lazy Rogue (as he calls him) he
Page
4.
l.
1.
saves the worst, condemns
Page
4.
l.
22.
such as he hath the least Profit by; such who dispose
Page
4.
l.
10,
and
16.
of stolen Goods without his Knowledge, and especially those who would live honest. He hath
Page
1.
l.
1.
a large Book of Accompts before him, and
Page
12.
l.
8.
his Daughter is a very considerable Fortune. The principal Actor is
Page
24.
the Captain of a Gang of Highwaymen, with these he meets at a Tavern; there are eight by Name, and others which are name less. Here they plead for their Practice, and encourage each other with the utmost Encomiums. This Actor hath
Viz.
Polly Peachum,
the Daughter to the Thief-Advocate, and
Lucy
the Daughter of
Lockit,
the Keeper of
Newgate.
two Wives at a time, at least in all outward Appearance. He hath
Page
28.
l.
15.
eight Whores with him at once in the Tavern, and
Page
74.
l.
12.
and four Women more follow him with a Child a-piece. This is the Reason, that
Page
7.
l.
1.
p.
10.
l.
3.
p.
11.
l.
23.
p.
14.
l.
8.
p.
15.
l.
8.
p.
16.
l.
33.
p.
17.
l.
21.
p.
37.
l.
3.
p.
39.
l.
36.
p.
40.
l.
7.
p.
42.
l.
26.
p.
61.
l.
22.
Marriage
is so frequently ridiculed, as also
Page
18.
l.
9,
and p.
34.
l.
28.
conjugal Affection in a married State; and Adultery, Whoredom, Polygamy, and Intriguing with Women are so frequently pleaded for, both in Prose and Verse, according to the constant Practice of our modern
Comedies
. The Captain of the Highwaymen declares himself a common
Page
27.
l.
11.
with a Song in Praise of it, l.
18.
so also p.
29.
l.
10.
p.
30.
l.
30,
and p.
43.
l.
16.
Whoremonger. For his Robberies he is committed to
Newgate
, which for this Reason is made
Page
49.
l.
2.
a Scene on the Stage, and treated as a Jest rather than a real Punishment. Here we have
Page
70.
l.
4.
a Dance of Prisoners in Chains. Here we have
Page
41.
l.
7.
p.
47.
l.
10.
Plots for Escape, drawn up to Perfection for the Encouragement of such, who like these Courses. Here we have a
Page
70.
l:
12,
and ult. p.
71.
l.
2,7
and
10.
Scene of Drunkenness to allay the Fears of an Execution. In this the
Page
74.
l.
2.
and
4.
Villain places all his Hopes; Adds to this, that he and
Page
5.
l.
6.
p.
32.
l.
3.
p.
44.
l.
15.
p.
69.
l.
11
and
17.
p.
73.
l.
2,
and p.
74.
l.
15.
others also ridicule and burlesque the fatal Cord, as rather to be chosen than some temporal Misfortunes, and at last resolves to die
Page
70.
l.
17,
and p.
71.
l.
7.
more like a Martyr than a Malefactor. After all this the Villain gets clear, is
Page 75, Scene the last.
the principal Hero of the Play, takes to the principal Actress for his Wife, who shew'd her Affection in the worst of Times, and he gives his bare Word, that he will be constant to her, and makes an honourable Exit, without any other Sign of Repentance for, or a Reformation from his former Villanies. If then our Prisons are filled with Persons for capital Crimes: If our Roads are infested with Robbers abroad, and our Streets with others nearer home: If Tradesmen cannot stir out for Fear of being knock'd down, and their Goods cannot be safe in their own Shops, it must be allowed, that the Poets, Actors, and Audience have given the greatest Encouragement to all these Misfortunes, and have done their utmost to shock the Authority of the Laws, which are made to restrain them, and render the Punishments inflicted in those Cases as most contemptible.
Since therefore these
profane and vain bablings
do (as the Text saith)
increase unto more ungodliness
; this should exhort all such, who pretend to a Sense of Religion, or Love to their own Souls, to avoid them. Such
evil communications
will
corrupt good manners
, and therefore
let us not be deceived
. You cannot after such a Warning pretend to Ignorance, and therefore the Crime must be wilful and inexcusable. It is universally reckoned a Scandal for any Clergyman to be seen in such Places; and therefore that, which is scandalous in one Order, must be disreputable in others. When
Eusebii Historia Ecclesiastica, lib. 3. cap. 28. alias 25.
St.
John
the Apostle saw
Cerinthus
the Heretick in the same Bath with him, he immediately withdrew himself, and advised others so to do, lest the Judgments of GOD should overtake them for being in such Company; and certainly we have as much Reason to take his Advice, in Relation to the
Play-House
. What
Tertullus
falsly said of
Acts xxiv.5.
St.
Paul
, is too true of such Actors,
We have found such
Men to be
pestilent Fellows,
loimon
, a Plague
; and therefore we should do by them, as we do by others, who are afflicted with such a Distemper. Now if we are afraid of a Disease, which will only kill the Body; how much more should we fear that Contagion, which, if not prevented, will
destroy both body and soul in hell
? Let us remember the Charge, which GOD gives us in the Text, and not only there, but also in other Places of
Scripture
. Thus it is
Eph.
v.11,12.
Have no fellowship with the unfruitful works of darkness, but rather reprove them; For it is a shame even to speak of those things, which are done of them in secret.
So
Prov.
xiv.14. &c.
Enter not into the path of the wicked, and go not in the way of evil men. Avoid it, pass not by it, turn from it, and pass away; For they sleep not, except they have done mischief; and their sleep is taken away, except they cause some to fall. For they eat the bread of violence, and drink the wine of deceit.
And
Psalm.
i.1,2.
Blessed is the man, that hath not walked in the counsel of the ungodly, nor stood in the way of sinners, and hath not sate in the seat of the scornful. But his delight is in the law of the
LORD
, and in his law will be mediate both day and night.
If these Places were not frequented, they would fall of course; and, when the Hope of their Gains was gone, they might betake themselves to some reputable Method for a Livelihood. However, if some Men should be so obstinate and refractory, as to take no wholesome Advice in this Case; yet, one would think, that such
Women
, who have any Regard to their Reputation, will shun those Places. One would think, that such filthy Discourse would be very affronting in Conversation, and not to be endured by any young
Lady
, who values her Credit. And one would think it strange, that such Liberties, which they would justly resent in private Conversation, should entertain and please them on the publick Stage. In short, their Going thither seems to be no other than Spending their Money to hear themselves abused, and their Modesty affronted; and in such Case it is much better to stay at Home. To suppose that such can like it, is a gross Reflection on their Virtue; and therefore it may rather be hoped, that they will take Care not to expose themselves. To sit contentedly and hear a Parcel of such lewd, wanton, and smutty Discourse, both in Prose and Verse: To see such Plots and Contrivances carried on both for Whoredom and Adultery without Detestation, makes the Rakes of the Town think, that these are as bad as themselves, and that it is not a Sense of the Sin, but rather of some temporal Inconveniencies, or Want of Opportunity, which restains them from Committing the like. This exposeth them to such Adresses, which they themselves abhor; and then, being afraid wherever they go, they wish too late, that they had never given the Occasion.
Lastly
, Let us all be exhorted to put up our Prayers to GOD,
First
, For those who frequent such Places, that they may see their Error, repent of their Sin and Folly, and do so no more. If neither Sermons nor Advice can prevail; yet we know not but our Prayers may reach them, and GOD may have Mercy on them for our Sakes.
Secondly
, Let us pray to GOD for the whole Nation, that he would not lay these Sins to our Charge, but try and spare us a little longer. Never was there a greater Occasion for this than now. Do we think that there is a GOD? and that he is the Creator and Governor of the World and all that is therein? Can we
Gal. vi.7.
think that he will be always thus mocked, insulted, and provoked? that he will suffer his
Isai. xlii.8.
glory
to be given
to another
, and his
Praise
to the
Devil
, his greatest Enemy? and that he will not, at last, shew his Resentment and Indignation? The Prophet
Jeremiah
saith,
Jer. vi.29,30,31.
that when such
wonderful and horrible things
are
committed in the land, and
the
people love to have it so
, then GOD
exert
his Authority.
Shall I not visit for these things
,
saith the
LORD?
And shall not my soul be avenged on such a nation as this
? And St.
Paul
adds,
Rom. i.32. and ii.1. to 12.
that when Men
know the judgments of
GOD,
that they who commit such things
, as Witchcraft and diabolical Representations,
are worthy of death, they have pleasure in those that do them
, they are most inexcusable. They
despise the riches of the goodness, and forbearance, and long suffering of
GOD;
not knowing that
his
goodness
should
lead
them
to repentance
. And
after
their
hardness and impenitent heart, they treasure up to themselves wrath against the day of wrath, and revelation of the righteous judgments of
GOD;
who will render to every man according to his deeds
. These old Distempers are more difficultly cured; and therefore we may dread, that
Ad pœnam tardus Deus est, ad prœmia velox;
Sed pensare solet vi graviore moras.
the Medicine of his Wrath will be more severe at last. Let us then pray to him, that if the crying Sins of this Nation are too great to be winked at, and his Patience is provoked to Fury, yet he would at least spare those who are innocent, and keep themselves pure from the Pollutions of the Age; that he would hide them, in particular, under the Hollow of his Hand, until his Indignation is overpast; that he would make a
Mal. iii.17,18.
Distinction
between the righteous and the wicked, between him that serveth
GOD,
and him that serveth him not
; that he would
Ezek. ix.4,5,6.
set a mark upon the foreheads of them that sigh, and that cry for all the abominations, which are done in the midst
of the Land. That if he deals with us as with
Sodom
, for those Sins in which we imitate them; yet that every just
Lot
, who is grieved to hear of such Things, may be
2 Pet. ii.6,7,8,9.
preserved from the Flames. That if he should say,
Ezek. xiv.12
to
21.
Sword, go through the land, to cut off from it man and beast
, and
make it desolate
; or if he should
cause noisome Beasts to pass through
it, or visit us according to his daily Threatenings with the
Famine
or the
Pestilence
; yet such Men as
Noah, Daniel
, and
Job
, who are found in it, may
deliver their own souls by their righteousness
. And that whenever he is pleased again to visit us in Mercy, to
lift up the light of his countenance upon us, and give us peace
; the Sense hereof may work such a Reformation in our Hearts, that we may no longer be guilty of such Provocations, but we may devote ourselves to his Service, like such as are preserved by him. To conclude, Let us all pray to GOD to give us his Grace, that we may
shun
these
profane and vain bablings
, since we find by daily and woful Experience, that
they
do
increase unto more
and more
ungodliness
. That we may delight ourselves in his Commandments, and say with holy
David
,
Psal. cxix.113.
I hate vain thoughts
, or them that imagine evil Things;
but thy law do I love
. That instead of these profane, wanton, and ungodly Songs and Ballads, which are daily coined in this Mint of Iniquity, and tend only to the Nourishing of Vice and Corrupting of Youth, we may refresh our Souls with such
Psalms
, divine
Hymns
and
Anthems
, and such heavenly
Hallelujahs
, which an Angel may sing, or a Martyr may hear; and which will be so far from Leaving a Sting of Conscience behind, that we may repeat them with Satisfaction on a Dying-Bed. Such
Musick
as this would revive our Souls in the greatest Affliction; and, whilst we taste of such Enjoyments in this World, they will be but as Earnest of far greater, which we shall enjoy in the World to come.
APPENDIX.
I Suppose that it will be urged, in Vindication of the Stage, that some of the Plays here mention'd are of an ancient Date, and are now out of Use.
To this it may be answered, that if this is true, yet it cannot be expected, that every Clergyman, who attacks the Profaneness and Lewdness of the
Play-House
, must have read the Stage quite through, or can be Judge, what are acted there, and what are not. The Reading of one or two, which are most frequented, will give a Man a Surfeit, who hath any Sense of
Religion
, and by these he may easily guess at the rest. However, this Objection is of no Force.
First
, Because they take the oldest Plays, which are fittest for their Purpose. Thus the Tragedy of
Mackbeth
continues in Esteem; and no visible Reason can be given for it, but because the Pleasures of Witchcraft are set forth to the greatest Advantage, and herein we have a full Account of the infallible Fore-knowledge of the Devil.
Secondly
, Those Plays,
Love for Love,
and
Tunbridge-Walks,
&c.
which were justly exposed by
Collier
, at the first Attack upon the
Stage
, as most scandalous for Swearing, Cursing, Smut, Burlesquing the sacred
Scriptures
, and all other Sorts of Profaneness, continue still to be acted with the same Applause as formerly. To this may be added, that a Book was printed in the Year 1706, intituled,
The Evil and Danger of Stage-Plays, shewing their natural Tendency to destroy Religion, and introduce a general Corruption of Manners, in almost two thousand Instances, taken from the Plays of the two former Years, against all the Methods lately used for their Reformation
; and since this another was printed in the Year 1719, intituled,
A Serious Remonstrance in Behalf of the
Christian
Religion, against the horrid Blasphemies and Impieties, which are still used in the
English Play-Houses, to the great Dishonour of Almighty
GOD
, and in Contempt of the Statutes of this Realm, shewing their plain Tendency to overthrow all Piety, and advance the Interest and Honour of the Devil in the World; from almost seven thousand Instances, taken out of the Plays of the present Century, and especially of the five last Years, in Defiance of all Methods hitherto used for their Reformation.
Among others there are these
Chapters
, wherein the Contents are fully proved.
Chap.
2.
The Name of the Devil is frequently mentioned on the Stage, where Men are also turned into Devils, and crowned with Success.
Chap.
3.
Witchcraft and Magick encouraged by the Stage.
Chap.
4.
The Devil honoured by the profane Swearing of the Stage.
Chap.
5.
The Devil honoured by the profane Cursing of the Stage.
Chap.
6.
Representations of divine Worship as paid to the Devil on the Stage.
Chap.
7.
The Divine Attributes,
particularly his Eternity, Glory, Omnipresence, Wisdom, Know ledge, Power, Goodness, Truth and Vengeance
, ascribed to the Devil on the Stage.
Chap.
8.
The Scriptures perverted to the Honour of the Devil.
Chap.
9.
Religion, Virtue, and the Worship of
GOD
visited on the Stage.
Chap.
10.
The Liturgy and the Articles of the
Christian
Faith burlesqued by the Stage.
Chap.
11.
Virtue exposed by the Stage.
Chap.
12.
Atheism and Profaneness promoted by the Stage.
Chap.
13.
Vice encouraged by the Stage.
Chap.
14.
The Stage a declared Enemy to all Reformation.
Chap.
15.
Heaven, the Abode of
GOD
, exposed on the Stage.
Chap.
16.
Hell, the Prison of the Devils, magnified on the Stage.
Chap.
17.
Other Ways, whereby the Devil is also honoured, and his Interest directly promoted by the Stage.
Chap.
18.
The Blessed
GOD
treated with Contempt upon the Stage.
Chap.
19.
The Works of Creation and Providence exposed upon the Stage.
Chap.
20.
The Holy Scriptures burlesqued by the Stage.
Neither of these Books have yet been answered, neither hath there been any Method taken for their Reformation. They wholly act as their Interest guides them, without any Restraint; and we too plainly see, that their Interest guides them to pick out the worst Plays, which were ever acted in all Ages and Places. So that whatever hath been written upon this Subject, and any Quotation from any of their Plays, is of full Force at this Time, and may be alledged against their present Practice.
Secondly
, It is urged in their Vindication, That they are obliged to make profane Persons speak and act according to their Character. To this it may be answered, That this Liberty may be allowed in every thing, which is not sinful in it-self, but no further. But this hath been formerly and effectually answered.
Collier
having exposed some Plays of
Congreve
for this Reason, he makes this Excuse in print, and urged it as far as it would go; to which
Collier
made a Reply, and shewed the Weakness and Insufficiency of this Pretence. So that they, who urge this Argument, ought first to answer that Book, or otherwise it stands as an Answer, to all that they still assert. But the still Insisting on this baffled Argument shews that such Men will never take an Answer, and with them there is no arguing. However, nothing of this can excuse the present Stage. All these horrid Blasphemies and the vilest Expressions are put into the Mouths of their principal Actors, whom they reward at last, and crown with Success. And this is the utmost, which can be done by them to promote it in the World.
In short, Profaneness, though never so well corrected,
Collier's
Short View of the Stage, Page
96.
is not to be endured. It ought to be banished without Proviso or Limitation. No Pretence of Character or Punishment can excuse it, or any Stage-Discipline make it tolerable. It is grating to
Christian
Ears, dishonourable to the Majesty of GOD, and dangerous in the Example. And it tends to no Point, unless it is to wear off the Horror of the Practice, to weaken the Force of Conscience, and to teach the Lan guage of the Damned. When such Actors are made to prosper according to their Wishes, it is much more scandalous and provoking, and there is hardly any thing, which can exceed it, except the Pleading for it.
Lastly
, It may be urged in Vindication of the
Tragedy
of
Mackbeth
, that the Consulting with Witches is discouraged, because
Mackbeth
himself, the principal Person in the Play, came to an untimely End by Consulting with them.
But to this it may be answered,
First
, That granting this to be true, yet there is no Discouragement of
Witchcraft
or
Magick
. The
Witches
act their Parts
Mackbeth,
Page
1.
Line
1.
p.
3.
l.
22.
p.
24.
l.
32.
p.
39.
l.
19,
and p.
41.
l.
1.
at several Times, and
Page
3.
Line
22,
and p.
1.
l.
14.
make both their Entrance and their
Exit
by flying. They
Page
24.
Line
32.
p.
25.
l.
18.
p.
39.
l. antepenult. p.
40.
l.
1
and
23;
and p.
42.
l.
8.
sing, they
Page
26.
Line
5.
dance, they
Page
40.
Line
23.
commend their Way of Living, and seem to have nothing to disturb them, and their Character is
Page
10.
Line
27.
that
they have more in them than mortal Knowledge
.
But
Secondly
, It is not true, that Consulting with
Witches
is here discouraged: For
Mackbeth
is not the only Instance in this Case.
Banquo
had his Fortune told him, that he should be
Page
5.
Line
10.
less than
Mackbeth
and greater
, and that he should be
Page
5.
Line
11.
not so happy, yet much happier
. The first Part of these Prophecies was true in himself, and the other Part is his Posterity. He was also told, that
Page
5.
Line
12.
he should get Kings, but he should never be one
. Accordingly he was
Page
33.
Line
35.
killed when his Son
Flean
escaped, and
Page
43.
Line
34.
eight Kings
are supposed to be of his Race.
Mackduff
also consults the Witches, and had these Answers
Page
26.
Line
11.
:
1.
Saving thy Blood will cause it to be shed.
2.
He'll bleed by thee, by whom thou first hast bled.
5.
Thy Wife shall shunning Dangers Dangers find, And fatal be, to whom she most is kind.
The first and third of these were fulfilled, because upon the Death of
Banquo
Page
37.
Line
19.
Mackduff
flees for
England
; his Lady, being afraid to travel, stays behind; keeps
Page
51.
Line
20.
herself and her Children in a strong Castle, where they were barbarously murdered by
Mackbeth's
Orders. The other
Page
59.
Line
22.
was fulfilled, when
Mackduff
killed
Mackbeth
, saying,
I have a Prophecy, which tells me, I shall have his Blood, who first shed mine.
Neither doth the Story of
Mackbeth
any way discourage the Consulting with
Witches
. They tell him, that he was
Page
4.
Line
34.
Thane
or Earl of
Glamis
. This
Page
5.
Line
18.
he knew. That he was
Page
4.
Line
35.
Thane
of
Cawdor
. This
Page
6.
Line
11.
was true, but he did not then know it. And they tell him,
Page
4.
Line
36.
that he should be a King, which
Page
23.
Line
26,
and p.
26.
l.
28.
happened accordingly. When they were willing to deceive him to his own Destruction, they tell him three Prophecies to make him bold.
The first is
Page
43.
Line
6.
Beware
Mackduff
,
Avoiding him,
Mackbeth
is safe enough.
This was true, for
Page
59.
Line
25.
Mackduff
killed him.
The second is
Page
43.
Line
9.
Be bold and bloody, and Man's Hatred scorn;
Thou shalt be hurt by none of Woman born.
To which
Mackduff
Page
59.
Line
25.
answers, that he
Was from his Mother's Womb untimely ript.
The last is
Page
43.
Line
17.
Mackbeth
shall like a lucky Monarch reign,
'Till
Birnam-Wood
remove to
Dunsinain.
And accordingly
Page
55.
Line
34.
p.
57.
l.
16.
and
28,
and p.
59.
l.
35.
the Soldiers carried Boughs before them to conceal their Number.
And certainly, when the
Poets
make every Tittle thus fulfilled, they cannot do more to encourage those
diabolical Consultations
. But if
Mackbeth
was destroyed for Consulting
Witches
, it will also be remember'd, that he gained a Kingdom by the same Method, and this is a sufficient Encouragement. If the Apprehensions of temporal Death will not freighten Men from capital Crimes in other Cases, then certainly it will not in such Cases as these. Besides, Men are willing to ob tain their ambitious Ends, and either look not on such distant Consequences, or think to prevent them by being fore-warned. If
Mackbeth's
Example signifies any thing, the Moral is this. A Man may gain a Kingdom by Consulting with
Witches
; but he is in Danger afterward of Coming to an untimely End. But lest this should be a Discouragement, the
Poet
takes Care to revive the Spirits of those, who might be afraid, and boldly tells the Audience,
Page
31.
Line
34.
That
Those who expect, and do not fear their Dooms,
May hear a Message, tho' from Hell it comes.
The Prophet
Isaiah
tells us, that
Isaiah xlii.9;
and
xliv.24.
to the End
.
his
former
Prophecies
are come to pass
; he also
declares new Things,
and
tells
us
of them before they spring forth
; and
Isaiah xli.26;
and
xliii.8,9;
and
xliv.7,
and
xlv.20,21.
he challengeth all the Heathen Idols to
shew the things that are to come hereafter, that we may know
them to be
gods
. The
Stage
roundly answers to this Challenge, and ascribes it all to the
Mackbeth,
Page
10.
Line
27.
more than mortal
of infallible Fore-knowledge of the
Devil
, and so make his Delusions, uttered by Witches, to vie with those sacred Oracles, formerly revealed to the Prophets.
I have dwelt the longer on this
Play
, as being one most frequently acted. There are a vast Number of others, which are more flagrant than this. However it is plain, that a single Sentence is often catch'd at, and turn'd to excuse the
Poet
, when the whole Plot and Contrivance lies the contrary Way. But, alas! the Antidote is too weak for the Poison, or rather in this Case is no Antidote at all. It serves only to lull the Conscience asleep, or gild the Pill, that the Poison may be swallowed without being suspected.
However, as from this Instance it is easy to guess at the rest; so this may lead us into the usual Methods of the
Stage-Poets
. They respresent the worst Vices in the best Dress, and sometimes make a feint Representation to the contrary, as sufficient to atone for all their Enormities. With this they endeavour to amuse the World, that Men may not think them so bad, as they really are. Thus they usually answer the Objections, which are brought against them; and when they drown the World with an overflowing Sea of Profaneness, they would fain make us believe, that they are inoffensive.
An Advertisement in the
Gazette
of
October
14, 1729.
Whitechappel Court-House, Oct. 7, 1729.
Tower-Division.
"WHereas it was publish'd in the
Coffee-House Morning Post
, of the 24th of
September
last, that a Gentleman, well skilled in the Management of a Theater, is obtaining Letters Patents to erect one in
Ayliffe-Street
in
GoodmansFields
, by Way of Subscription, and that the Undertaking meets with a general Approbation. And also by an Advertisement published in the
Daily Post
of the 30th of the same Month, it appears that only seven or eight Persons have applied to the Justices against Erecting the said Theater, but that there has been no Meeting about it. These are therefore to certify, that the Erecting the said Theater is so far from meeting with a general Approbation, that great Numbers of Gentlemen and substantial Merchants and Tradesmen, residing in and near the said Street, have applied to His Majesty's Justices of the Peace, acting for the Division of the
Tower
, at several Meetings appointed for that Purpose, and set forth to them the evil Consequences that will necessarily attend the Carrying on such a Design. The Justices present at those Meetings were so thoroughly convinced, that the Erecting the said Theater so near several publick Offices, and the
Thames
, where so much Business is negociated, and carried on for the Support of Trade and Navigation, will draw away Tradesmens Servants and others from their lawful Callings, and corrupt their Manners, and also occasion great Numbers of loose, idle, and disorderly Persons, as Street-Robbers, and common Night-Walkers, so to infest the Streets, that it will be very dangerous for His Majesty's Subjects to pass the same, have already ordered Caveats to be enter'd in the proper Offices, to prevent the Gentlemen obtaining Letters Patents for Erecting the said Theater, and are resolved to the utmost of their Power, to shew their Disapprobation of the same, by doing every lawful Act they can, to prevent so great a Mischief.
Sign'd by Order,
Sam. Cowper
, and
Sam. Sadleir
, Clerks to the Justices of the Peace, at their Special and Petty Sessions held for the said Division.
FINIS.
OF SCANDALL.
Prophētai dyo ē treis laleitōsan, kai hoi alloi diakrinetōsan.
OXFORD
, Printed by
Henry Hall
Printer to the
Universitie
, 1644.
OF SCANDALL
.
[sect] 1.
HE that would know the true proper full importance of the word
Scandall or Offence
, or to be
Offended or Scandaliz'd
(as they are taken for the same) need not seeke into many authors for it. The new Testament, and the Apocryphall bookes, and the Greeke translation of the old Testament, are the prime authors that have used these words, and all other later Christian writers may justly be thought to have had them from that Fountaine; ancient prophane writers not affording them.
[sect] 2.
From hence 'twill be sure just to inferre, that in as many senses as the scripture Canonicall and Apocryphall hath used the words in so many they may be justly used, and in no more. Now the uses of the word
Scandall
skandalon
among them are either naturall (as generally in the old Testament,) or borrowed,
i.e.
metaphoricall, (as cheifly in the new.) It naturally signifies 3 things.
[sect] 3.
1, A Trapp, a Gin, or Snare to catch anything: So in the Greeke translation of
Psal.
69.22. the word is us'd, (being joyn'd with 2 other words which signifie
snare
and
gin
,) and in our new translation is rendred a
trapp
:
pagis kai thēra
wherefore in the place of
Rom.
11.9. where the same words are cited out of the Septuagints translation, and not out of the Hebrew text of the Psalme, I should conceive it should be rendred by analogy, not
stumbling blockes
but
gin
, or some other word belonging to this first signification. In this sence it is used 1
Mac.
5.4. where it is all one with
snare
, and it is farther interpreted by (
laying wait by the way) to catch them treacherously
. So againe
Wisd:
14.11. the word is used, and explained by another word, signifying a
trapp
, or
snare
, the very same that was used in the Psalmes, and to the Romans.
[sect] 4.
2. It signifies any
Obstacle
or
hindrance
layed in a mans way, by which the passenger is detain'd or stopt, peculiarly a
sharpe Stake
, such as in time of warre men were wont to put in the fields where their enemy should follow, to wound their feet or leggs in their passage: against which being so ordinary in warre, they anciently used greaves of brasse to defend their feet or leggs. 1.
Sam:
17.6. to which you may referre that Epithite so frequent in
Homer
,
ēyknēmides
, and
chalkoknēmides Achaioi
: to signifie those greaves brasen or otherwise, that the Grecians used; described by that Poet,
Il. Phi
, by
knēmis neoteuktou kassiteroio
made of tin, and covering the whole legg to the knee, of so firme a substance that it made a loud noise at the stroake of the weapon on it,
smerdaleon konabēse
saith he. Thus is the word
skandalon
used,
Judith
5.1. where we render it
impediments
, a word somewhat too generall to signify those sharpe stakes or other instruments to wound or gall the passengers, which are knowne to every body: for which I beleeve we have some proper english word, I thinke it is a
gal-trapp
.
[sect] 5.
3ly. The word signifies a
stone
or
blocke
in the way, at which men are apt (if they be not carefull, or of they goe in the darke) to stumble and fall: and thereupon in the old Testament it is taken for a
fall
: and so sometimes for
sinne
, the
fall of the soule
, as
Judith
12.2. (where these words [
lest it be an offence
] would more clearely be rendred out of the Greeke,
lest it become an offence
, 1.
a sinne
or pollution, as you may see in the same matter which is there treated of
Dan.
1.8.
Tob.
1.11. and 1.
Sam.
25.31.) and sometimes for
ruine or destruction
, the fall of the whole person, which we are brought to by sinne, as
Judith
5.20. our English renders it
ruine
, and
Psal.
49.13. where though we read
folly
, the
Septuagint
read
Scandall
, by that rendring an Hebrew word which signifies both
folly
and
ruine
.
lesev
I confesse this last acception of the word for
ruine
, is somewhat rare (yet authoriz'd by our English in the place of
Judith
) and therefore if any dislike it, I shall not stand much upon it: because in both those places last mentioned it may well enough signifie
sin
, as that is a
snare
or
stumbling blocke
, an occasion of ruine, or falling, or destruction, in which sense I conceive 'tis used,
Judg.
: 8.27. where 'tis rendred a
snare, i.e. a sinne ensnaring or occasioning ruine
.
[sect] 6.
Beside these 3 significations, in which the word in Greeke retain'd in our language, is read in the old Testament, I am confident there is no other, save once
Psal:
50.20. for
slander or calumny or defamation
, (for so the Hebrew
ifd
there signifies) a sense which is vulgar amongst us in English; by a Scandall meaning a slander: but that sence being but once met with in the whole Bible, or twice at most (
Eccl:
27.23. where yet I conceive the translation might be mended) will not deserve to be taken into consideration.
[sect] 7.
Now for the use of the word in the new Testament: 'tis first observeable, that the best nomenclature for hard words in that is the observing the use of them in the Greeke of the old, for the writers of the new Testament, being Jewes not Greekes, wrote in an idiom proper and peculiar to them only, and those other Jewes that wrote also in Greeke, somewhat differing from that of the Atticke, or naturall Greeke writers. And therefore we may well resolve, that the uses of the word, which we have there found and already observed, will be very instrumentall to the understanding of the same word, and others derived from it in the new Testament. And so much the rather because, as I said, no prophane Greeke writer before the scripture, is knowne to have used it; only
Aristophanes
once a word neare it.
This being premised, 'twill be worth our paines (at least by so doing we shall put the whole matter beyond exception) to survey breifly all the places in the new Testament, where the word is used.
[sect] 8.
To that end I shall beginne with the first in my Concor dance, which is
Matt
, 13.41.
the Angells shall gather out all Scandalls
: 'tis in a sence borrowed from the second mentioned signification of a
sharpe stake
, which he who has once met with and beene gall'd by it, is wont to gather up and cast into the fire, as there it followes the Angels for our sakes should do, v: 24. (to which Saint
Paul
also seemes to allude 2
Cor:
11.29. in putting
Scandalizing
and
burning
together) and denotes simply whatsoever may
wound
or
gall
us in our Christian course, and by that meanes
foreslow
our pace, cause us to
slacken
, or give over, or ly downe in the service of Christ, so
Mat:
17.27. Christ paies tribute, that he may not
offend the Jewes, i.e.
that they might not thinke him a Contemner of the Temple, to which the Tribute was due, and so foresake and not beleeve in him; that he might not discourage them from following him. So
Mat:
15.12. the Pharisees hearing a doctrine that gall'd them particularly, were
offended
and forsooke him, that doctrine drave them away from following him. So againe (
Mat:
18.7.)
it must needes be that offences come
, which seemes to referre to
false doctrines and heresies
, if you compare that verse with 1.
Cor:
11.19.
there must be Heresies
(and
Rom:
16.17. where
offences
are said to be
contrary to the Apostles Doctrine
, and that they must be
avoided
, as the
Hereticke
must
Tit:
3.10.) the venting of which of all things most
hinders others
in their Christian
course
, but whether it be meant peculiarly of Heresies or exemplary sins it matters not. To which soever you apply it, another place,
Luk.
17.1. will belong unto it also, being the place directly parallell to it. So
Matth.
18.6.
He that shall offend one of these little ones. i.e.
he that shall occasion their falling off into any sinne; or, which the place especially imports, by contemning them, discourage them from the study of piety. For so on the contrary side to
receive them, v:
5. is by Saint
Marke
9.41. exprest to consist in doing them kindnesse
to encourage them
in the wayes of godlinesse. So Christ crucified is said a Scandall to the Jewes,
i.e.
they that were otherwise not ill opinion'd of him, and so
followed
him with the multitudes, when they saw him crucified, were quite discourag'd, and fell away from him, (as they that are so
gall'd
by those
stakes
are faine to give over the pursuit, to return) and so resolved, seeing him dye, that he was not the
Messias
whom they expected, a glorious temporall deliverer. To which belongs that noteable place
Matthew
11.6.
Luk:
7.23.
Blessed is he that shall not be offended in me
,
i.e.
shall not be
gall'd
and discourag'd, and so fall off by seeing the sufferings that befall me, and await my disciples or followers. So againe
Mat:
13.57.
Mark:
6.3. It is said, that the consideration of his knowne and meane birth occasioned their being
offended in him, i.e.
their deserting and not
beleeving of him
, when the miracles which he had done inclin'd them somewhat to a valuing of him. So
John
6.61. When Christ talkes of
eating the flesh of the sonne of man, they were offended
, (that is) that speech carnally understood (either that Christ was to dye, (which the eating his flesh presupposed, and they did not like to heare of; dreaming of a temporall glorious
Messias
) or that they were to turne
Canniballs
and
eate mans flesh,) discourag'd
them from
following
him, at least from taking him for the
Messias
. So
Gal:
5.11. persecution is called the
Scandall of the Crosse
, or that upon which so many are discourag'd from professing the crucified Saviour, according to that in the parable of the sower,
Mat:
13.21.
Mark:
4.17. upon the comming of persecution
presently he is offended, i.e. gall'd, and falles off
, and
Mat.
24.10. on the same occasion and in the same sence. So
Mat.
26.31.
Mark
14.27.
this night
(to wit of my attachement)
Ye shall all be offended because of mee
.
i.e.
fall backe, forsake mee
: and so in Saint
Peters
answer,
v.
33.
Although all men should be offended, yet will I never be offended
: upon which, that which Christ rejoynes (
before the Cocke crow
; i.e. before morning, or day breake, all one with
this night
,
v.
31.
thou shalt deny mee thrice
) is an interpretation of the word
offended
, and shewes, that to be
offended
, is to deny Christ. And so
Joh.
16.1.
These things have I spoken unto you, that ye should not be offended
; where Christ foretels the persecutions that should befall them, that they might be forewarn'd too, and not fall off, when they befall them.
[sect] 9.
These are the chief, if not all the places to which the second old Testament acception of the word
Scandall
in a Metaphoricall borrowed sense belongs, and of all of them, and each, you may observe,
[sect] 10.
1 That
Scandall
signifies either some
sinne
, the
occasion of farther sinne
in others; or else somewhat else, which though it be not sinne, yet occasions sinne in others, though very indirectly sometimes, as the Crosse of Christ: and whether in one or other, the rule will be, that he that is
offended
or
Scandalized
, doth directly commit some sinne, and that, for most of the places, the sinne of infidelity, or foresaking or denying Christ.
[sect] 11.
2. That the being
Scandaliz'd
, falling
off from Christ
, (or the effect which followes that occasion,) hath no reflection or influence (in any of the places) on that which was the occasion; so as to make it sinfull or avoydable, if it were not so before, (as will appeare to any that will survey the places) and consequently that anothers being Scandaliz'd is not sufficient to lay a charge on him, whose action (otherwise not chargeable or criminous) was the occasion of his being scandaliz'd. Let the Crosse of Christ, with which so many were in this sense, scandaliz'd, suffice for a proofe of this.
[sect] 12.
Other places there are which must be interpreted by bringing the metaphore from the first of the 3 senses, as it signifies a
snare
or
gin
to catch one in. So
Mat.
16.23.
Thou art an offence unto me
,
i.e.
by expressing thy detestation against my sufferings, thou labourest to bring me into an horrour and feare of suffering, and so in effect temptest me to sinne; where you must marke, that though
Peter
were an offence to Christ, that is,
tempted
him, laboured to
ensnare
him, yet Christ was not
Scandaliz'd
, offended, ensnared, or overcome by the temptation. In the same sense is that
Revel.
2.14. of
Balaam
who taught
Balaack
balein skandalon
, we render it
to cast a stumbling block
; but sure it is most clearely,
to lay a snare
before the Children of Israell, to intice them by their Daughters to Idolatry, and by Idolatry to
intrap
and destroy them.
Lud de Dein.
In this sence
Scandall
is so perfectly all one with Temptation, that, as a learned man hath observed, the Ethiopick interpreter of the new Testament, instead of Scandall puts a word that signifies
Temptation
, and the same that in the Lords prayer is put for
Temptation
:
twsnm
from
hsn
in this sense is that of the
eye
and the
foot offending
us,
Mat.
5.29.18.8.
Mark:
9.47. i.e. when a mans eye, or any other member of his body proves a
snare
to him, an inlet to temptations, a meanes of bringing him to any sinne.
[sect] 14.
And of those places you must observe againe. 1. That no man is said to be offended, but he that commits the sinne to which he is tempted, and therefore Christ is not said to be offended, that is, really to be wrought upon by that
Scandall
: but as Satan tempted him,
Mat:
4. yet he yeilded not, but overcame the tempter: So here hee uses that other Satan: for to have beene
offended
in this sence had beene all one with being overcome by a
temptation
.
[sect] 15.
2ly. That the Agent, or he that is said to lay the snare or to offend, sinneth also (as in all the places it will
de facto
appeare that they did) though no body be taken in it, as he that tempteth to evill commits a sinne, though his temptation prove not effectuall. The setting of a snare being a positive act, a note of a treacherous designe, though it do not succeed. And therefore in 1.
Macchab.
1.36. the
laying of snares
for to intrap the Isrealites, or bring them from observing the Law, is call'd there by the devills name,
an evill Adversary
, or as the Greeke hath it, a
devill to Israell
.
diabolon tōi Israēl
[sect] 16.
A third and last sort of places there are that referre to the third mention'd acception of the word, as it signifies a
stumbling blocke
, so when the word
stone
is joyned with it, or the Greeke word that signifies
stumbling
,
petra skandalou proskomma
so
Rom.
9.33. Christ is called a
stumbling block, and rocke of offence, i.e.
an occasion of fall, or sinne in many, and consequently of increasing their condemnation, as he saith,
if he had not come,
&c.
they had not had sinne,
i.e.
had not beene so great sinners, had not beene guilty of the great sinne of unbeleife, and crucifying of
Christ
: and therefore
Simeon
prophesies of
Christ
, that he would be for the
fall of many in Israel
; many sinnes his comming should be the occasion of. So
Rom.
14.13.
That no man lay a stumbling blocke, or scandall
(which we render an
occasi on of falling
) in his
brothers way
, that is, do or practise any thing, that may bring another that comes after him, upon his nose, or to commit any sinne. So 1
Pet.
2.8.
Christ is called a stone of stumbling, and rocke of offence
, at which to stumble is to be
disobedient to Christ
. so
Rom
14.21.
stumbleth or is offended, or is made weake, i.e.
by following thee, doth fall, commits some sinne, doth some act unlawfull
for him
, (though simply it were not
for thee
; it being against his Conscience, though not against thine) and so by
falling
bruises and
weakens
himselfe, makes himselfe lesse able for Gods service, then he was: for so every sinne against Conscience being a
greiving the spirit
, is consequently the spirituall weakening of the man, or if you will (as in St
James
asthenein
signifies c.5.14) the wound or disease of the soule. So againe, 1
Cor.
8.9.
stumbling block to the weake
, and
v.
13. where the case is clearely the same that we last mentioned: that if any man by doing any indifferent thing (which he in Conscience is inform'd to be perfectly lawfull for him to do) shall occasion another mans sinne by doing that after him which he is not resolv'd to be lawfull, that man offends against that charity due to his brother, and therefore must thinke fit to deny himselfe the use of that liberty which Christ has given him. To this may belong that other place, 1
Jo.
2.10. where that phrase (
there is no Scandall in him
) seemes to signifie, falls not into those sinnes that ignorant men or uncharitable (who are said in the Antithesis,
v. 11. to walke in the darke
) are subject unto. One place more there is belonging to this parpose, where though the word
Scandall
be not used in the Text, yet
proskopē
,
offence
, is used, and that I confesse to be all one, and it is 2
Cor.
6.3.
giving no offence in any thing
; where yet offence is interpreted by
Beza, quippiam ad quod possint impingere
,
any thing that others may stumble at
, or be alien'd from the Gospell by; as if we faile in any Christian duty (mentioned
v.
4.5.6.) they that see us, would be apt to do: and so that which followes imports also (
that the ministry be not blamed
) that is, that our Actions be not justly reprehended or found fault with,
but in all things approveing our selves
. &c.
[sect] 17.
And of this third sort of places 'tis observeable againe, 1. that he that is
offended
, sinnes himselve, stumbles, and falls, and bruises himselfe, and 2. that he that is the occasion of his fall doth not alwayes sinne (for Christ, and grace, and
that which should have beene for their wealth, proves to many an occasion of falling
) but yet sometimes he doth: as if he purposely in a matter
indifferent
, when he might have chosen, doth any thing which another whose Conscience is
doubtfull
, doth after him, and so
sinnes
; nay if he do not absteine from that indifferent action, when he sees that consequent
likely
to follow; nay if he be not carefull to observe, whether the consequent be
likely
to follow, and if so, to
absteine
. This third sort of
Scandall
you see is applyed peculiarly to one kinde of actions, those by the doing of which another coming after, and doing the same, falls into sinne, as when either the
example
was
sinfull
, or being
indifferent
in it selfe is against the other mans
conscience
, and so being immitated by him, is in him a sinne
against conscience
and not
indifferent
. And then
[sect] 18.
Another sort of actions there are which may though not so directly, yet not improperly be referr'd to this head, as, when I do any thing in its selfe not
unlawfull
, yet very apt to be mistaken by other men,
for somewhat else which is unlawfull
; and see it strongly probable, that those which will be apt so to mistake, will be as apt also by occasion of this action of mine, to commit that other sinne which they conceive me to have committed, or to confirme and harden themselves in that sinne thorow that mistaken example of mine, which they might otherwise probably have reformed, if they had not received incouragement by this action of mine; And if question be made, what is to be thought of this, I answere, that although I am not sure that that place of Scripture in our English Bibles which commands [
to absteine from all appearance of evill
,
1 Thess. 5.22.
] doth come home to this purpose, (because
apo pantos eidous
which we render [
from all appeareance
] may beare another sence, and signifie no more then
from every kind or sort of evill
, for so both the Greeke
eidos
, and latine
species
import; and with all,
appearance of evill
is so uncertaine, and inconstant a thing, that to abstaine from it
universius
cannot be the matter of any
possible
command. And againe, though I dare not from that other præcept of
hosa euphēma
whatsoever is of good report Phil.
4.8 conclude it unlawfull to do any thing which hath the ill lucke to be of
ill report i.e.
to be mistaken for a sinne (because 1 there is no prohibition in that place interdicting the doing of every thing which is
of ill report
, 2. no analogy of other Christian rules to inferre such prohibition, it being rather the fate of all Christian virtues to be evill spoken of, and the
receiving the praise of men
, being branded by Christ as unreconcileable with
beleeving
, 3 because some actions of Christ were of
ill report
, particularly that of
eating and drinking with publicans and sinners
, (which rendred him suspected for a
glutton
) and that of
casting out of Devills
(which was defamed for sorcery or compact with
Beelzebub
,) 4 because that which is of
ill report
with one, may be of
good report
with a thousand others, and there the judgement of that one will not be considerable against those thousand to defame an innocent laudable action) yet still I conceive that the great obligation to
philanthrōpia
and
philopsychia
,
loving of all men
, and
desireing the good of their soules
, which lies upon all Christians (by force of Christs
example
, and
legacy
, and
precept
of charity) will extent so farre, as to have the force of precept that every man
absteine
from such
purely indifferent actions
(being so in
themselves
, and then by the Magistrate
uncommanded
) which he foresees will be thus mistaken for unlawfull by those who are likely to be moved by his example to commit those sinnes which they conceive him to have committed; this being an inseparable attendant of my
charity
to my brothers
soule
, to use all lawfull meanes which my conscience tells me will be to his ghostly health, or preservation.
[sect] 19.
Meane while some difference may be observed in things indifferent, some being
commendable
, though not
commanded
; of
use
, though not of
necessity
; and such as
extra causam scandali
I should on pious considerations be moved to choose, or practice: and in this case, if it be
demanded
whether that sole feare of
scandall
ought to restraine me from that which all other motives rather incline me to, and so make me absteine; or whether I should rather claime the priviledge of my Christian liberty, and that make me not to absteine. I answer that a
middle
course may yet be better then either extreme crudely taken: that is, that I ought to do my best to free this laudable indifferent action of mine from the evill colour that it is capable of, by
rectifying
his judgement whom I discerne to be mistaken in it, and by declaring (either expresly, or by some significative character of my intentions fastened to my action) the clearenesse and innocency of my purposes to any other that may be so mistaken; and by so doing if I cannot free my selfe from this
uncharitable censure
, yet I shall be sure to keepe him from any danger of
following
me to that sinne; for sure my very disclaimeing of that sinne which he suspects me guilty of, will divest that sinne of all authority which it may receive from my committing it, and not
invite
, but rather deterre and
fortifie
others from falling into that sinne, which they see disavowed and disliked by me. For if my
authority
be of any force with them, it will perswade them to absteine from that which I disclaime, and professe my selfe to hate (who certainely know my owne minde best) rather then to do, what they only conceive I do, but I professe I do not. And therefore the case being thus set of the commendable usefull indifferent, not of the meere frivolous unconsiderable, when the use and gaine of my action to me is
certaine
, and the danger of being mistaken by others at most
but possible
, and that also preventable by these other meanes, neither piety nor prudence will advise to absteine from that healthfull food, which if it be by accident unhealthfull to others, hath yet an antidote administred with it. Which will be yet farther heightned also, if this laudable indifferent fall out to be such as the
examples
of
holy
men in
scripture
, or the
practise
of the
Church
in
purer
times have given countenance to, especially if the perpetuall
current
of
antiquity
have commended it to us: for certainely these will be of great authority with all
prudent pious
men, and the more
early
and Catholique that practice, the greater that authority.
[sect] 20.
'Tis true, very strict rules in many particulars the Judaicall law of the old Testament did prescribe, forbidding many indifferent things, on this only ground, because the using them might seem a
complyance
with the heathen customes of Idolaters. Such was that prohibition
Ex.
34.26.
thou shalt not seeth a kid in the mothers milk
, in the sacrifice of the in-gathering; given no doubt in opposition to the
Gentile
practice of those which at the time of gathering in their fruits, solemnly used this custome of
seething a kid in the dammes milk
, and then in a
Magicall way
, sprinkled their trees and fields, & gardens with it to make them fructifie the next yeare, as
Abrabenel
, and others out of Jewish Writers have observed. Such was also the prohibition,
Lev.
19.27. against
rounding the corners of their heads
, in reference to the
hypotrochala keiresthai
, or,
perixyrein tous krotaphous
the
round cut
used by the
Arabians
saith
Herodotus
Thal. c.
8.
, and thereupon forbidden the Jewes, and
a woe
pronounced
Jerem.
9.26.
epi panta perikeiromenon
,
&c. on every one that was so cut round,
Si adjuverit tonsorem
, saith
Maimonides
De Idol. c. 12.
,
if he directed, or willingly permitted the Barber to put him into that heathenish guise
: And many others in the Old Testament of the like nature, and the following Rabbins have added many more directions, if not percepts of the same nature. That one booke of
Maimonides
concerning Idolatry will furnish the Reader with store of examples: but some such as do not so well become the gravity of that author; as that,
c. 3.
If the Jew hath a thorne in his foot, when he is neer an Idoll, he must not stoope to take it out.
c. 7.
If a tree have been worshipt, or an Idoll set in it, it is not lawfull to sit in the shade of the trunke or body of that tree, though of the boughes or leaves it be lawfull; if there be any other way it is not lawfull to passe under it; if none, then he must run by it. Dionysius Vossius
in his notes on that author hath added some parallel passages out of other Jewish writers as that of
R. Menasse who being shewed an Idoll, did in contempt cast stones at it, which action of his, because the image was the image of Mercury
(who was wont to be worshipt by the Heathens after that manner, by throwing stones at, or scattering stones before him, to which custome or ceremony the
Mercuriall Statues
referre, saith
Phornutus
peri theōn
)
was therefore
noted, accused, brought before the Judge, and by him
pronounced to be unlawfull
, because it was the
proper worship
of that Idoll, though used in despight, not civillity by that man. So againe
if
there
be but one way to an Idolatrous City, it is unlawfull to go that way, Aboda Zara c.
1. [sect].4. and so, saith he, the Hebrews in
Rabot
mention a tradition, that the
reason
why
Mordochai
would not
bow to Haman, was, because there was woven in his garment the image of a false God
.
[sect] 21.
Some instances also might perhaps be brought out of the
practice
of the ancient
Christian Church
(mentioned by
Tertullian de Cor. mil:
) to this purpose of absteining from things
indifferent
, for
feare
of any appearing
complyance
with the Heathens. Of which yet it must be observed 1 that this was in things of no manner of spirituall use or profit, neither commendable, nor advantageous, in things of ancient Christian prescription, or practise of purer times. 2 that it was in matters of such a quality, as that complyance would have seemed a dissembling or renouncing of the Christian faith, (and not of imitating of former
purer
Christians) and so contrary to that great Christian duty of
confessing Christ before men
, which they could not be said to do, who when that
confession
was
persecuted
, did thus comply with or not professe open dislike of the actions of those persecutors. And so those instances will not be so proper to the matter of
Scandall
, as to that other head of
Christian duty
, the
necessity of confessing of Christ before men
, (those especially who are the greatest oppugners of him, to which matter also those other Judaicall instances do belong) unlesse that non-confessing of Christ, may by the example scandalize also. 3 That the same men thought it not amisse, or unlawfull at other times to comply with other as great enemies of Christianity as the Gentiles, namely with the Jewes in observation of some of their out-dated ceremonies, nay thought themselves obliged so to do, when in prudence they conceived it more likely to
gaine
those
enemies
by that meanes, then to
confirme
them in their dislikes of Christianity, or drive others to those dislikes. 4. That even with the Heathen themselves they could in other things think fit to comply also, when prudence dictated that complyance as more instrumentall to Christian policy; and from these premises: 5 that this whole matter is to be referred to the Christians pious discretion or prudence, it being free to him either to absteine or not to absteine from any
indifferent
action (remaining such) according as that piety, and that prudence shall represent it to be most charitable and beneficiall to other mens soules; and he that shall not thus
regulate
his actions by what he is
convinced
will be thus most conducing to that grand Christian end, the
saving
or not destroying, or
not suffering sinne upon his brother
, shall not by me be excused from the guilt and blame of having
Scandaliz'd
his brother in this last new Testament sence, at lest in some other which is not farre distant from it; though after all this it must be observed, that he which thus is betrayed to, or confirmed in any sinne by conceiving me to have committed it, when I have not, (this easie prostitute seducible sinner who will thus sinne upon any, upon no occasion) is not Saint
Pauls
weake
i.e.
, doubtfull-conscienc'd Christian of whom he takes such care that he should not be scandaliz'd.
[sect] 22.
For such is he only, that for want of knowledge of his just Christian liberty, thinkes it unlawfull to do those things, which being indifferent in themselves, are only unlawfull to him, which beleeves them so, or is not satisfied that they are lawfull; This weaknesse in faith, (a kind of disease of the minde, and so in the new Testament phrase
astheneia
) being only want of knowledge or of orthodox instruction, as will appeare by comparing
Rom.
14. with 1
Cor.
8. where the
asthenōn tēi pistei
in one, is all one with the
ouk en pasin hē gnōsis
in the other,
weakenesse in faith
, with
want of knowledge
.
[sect] 23.
The only matter of question or difficulty behinde in this particular will be, why those who are in such Judaicall errors are sometimes appointed by Saint
Paul
to be so tenderly handled, not to be vilified, or set at
naught Rom.
14.3. but care taken that they be not
scandaliz'd
in the end of that chapt: and 1
Cor.
8. and yet in the Epistle to the
Galathians
, they are by the Apostle
reviled [O foolish &c.] c.
3.1. and
chid
and
reproached
out of their Judaicall performances, and no care taken of not
scandalizing
them. The answering of this will require us to consider the different estate of those
Galathians
from those
Romans
. The
Galathians
had beene formerly
Gentiles
, and (though as it seemes not improbable from
Gal.
4.9. formerly converted to
Judaisme
, yet) by Saint
Paul
thoroughly converted from thence and baptized into
Christianity
, as that is opposite both to
Judaisme
and
Gentilisme
also,
i.e.
fully instructed by him in the nature of
Christian doctrine
, and
liberty
, and had given up their
hearts
as well as
names
unto it, only after they had beene
begotten
by
Saint Paul in the Gospell
, had
begun in the spirit, Gal.
3.3. had come to an absolute abrenunciation of all their former Jewish perswasions, and to some good progresse in Christianity, some
false Judaizing teachers
began to corrupt and poyson them,
Gal:
3.1. and 5.7. and to bring them backe againe to that
yoke
, that they had beene taught to cast off; and these
taires
the Apostle could hope by reprehensions and sharpenesse to root out without endangering the
wheate
, and therefore sets severely and heartily to it, thinkes not fit either in
civility
or
charity
to use any complyances, or condescendings, or softer medicines, (knowing their errors to be contrary to the doctrine, to which they had beene baptized, and consequently that they might in reason give place unto it, and there was no feare that the rooting out of thee would root out Christianity with them, as it might probably do, if they had beene sowen or planted together) but imployes all his vehemence and bowells of kindenesse toward them, in conjuring out that evill spirit that had so
lately
got possession of them, and doubts not but Christianity that was earlier planted in them, (and that by him who had begotten them in the Gospell, and so had a paternall authority with them) then these vaine legall dreames, that some false teachers had lately instilled into them, might be able to survive them also. And in this case being to deale with adversaries and false teachers, not with
weakelings
but
corrupters
, had the Apostle used any
compliance
, had he
circum cised Titus Gal.
2.3. (as at another time he did
Timothy
) had he
then given place
but
for an houre v:
5. suspended the
use
of his
liberty
then, when
liberty
was decryed, this had beene
scandalous
in the Apostle, this had probably beene the confirming of the erroneous, the incouraging of the adversary, the misleading the doubtfull, shaking the faithfull, and disturbing what he had before settled among them.
[sect] 24.
Whereas on the other side the Romans at their first conversion to Christianity had not all of them beene taught to put off the opinion of the necessity of legall
abstinences
tē tou nomou katēchomenoi syneidēsei kai meta tēn pistin
, saith Saint
Chrysostome in
proœm. ad ep. ad Rom.
but
continued their obligation to the law after receiving of the faith
, being some of them (as may appeare by the matter of Saint
Pauls
discourse to them, in the former part especially of that Epistle)
naturall Jewes
, dispersed thither; who could not be easily brought to assent to such doctrine, but would probably have refused to embrace Christianity, if it had beene offered to them on such hard conditions, some others of them (who were Gentiles by birth) being perhaps
proselytes
to
Moses
and
Christ
together, partakers of the infelicity of those who are mentioned,
Act:
15.5. that by the doctrine of the
Pharisee Christians
(or
beleevers of the sect of the Pharises
) had their entrance on the faith, a necessity of
receiving Judaisme
also prest upon them. This Saint
Paul
testifies clearely of Saint
Peter Gal.
2.14. that he
constrained the Gentiles to Judaize
, to receive the
Mosaicall
as well as Christian law, and himselfe durst
not converse or eate with the Gentiles
whilst any Jewish Christians were by,
v.
12. by which whether doctrine or complyance of Saint
Peter
, it was no strange thing if it came to passe, that those which were by him converted to the faith, (as
Eusebius
and other Ecclesiasticke historians agree that the Romans were,
vid Eccl. hist.
l: 2.c.
: 14. and 15.) although they were
Christian
in the
positive
part, acknowledging so much as was answerable to the now-articles of the
Creed
. &c: yet being not so in the
negative
, concerning the evacuating of the Judaicall law (but rather perswaded of the contrary) could no more eat
swines flesh
, then a meere Jew could do, and therefore 'tis Saint
Chrysostome's
opinion that these being so wedded to those Judaicall observances, rather then they would eate forbidden flesh, would in
universum
eate no flesh at all
hōste mē ginesthai euphōratoi, tōn choireiōn apechomenoi monōn, pantōn hexēs apeichonto tōn kreōn
, and so came to eate nothing
but Herbes Rom:
14.2.
[sect] 25.
Of these therefore that were thus
weake in faith, v.
1. that is either
infirme
, feeble, uninstructed Christians, babes not men; or else (as the fathers enlarge the sence, and as
weaknesse
astheneia
mostly imports in the new Testament)
sick
and diseased in mind, brought up in this Judaicall error, the Apostle
Ro.
14. gives these directions. 1. That the stronger healthfuller,
i.e.
more knowing and more Orthodox Christians should
proslambanesthai
(the vulgar read
assumere
) take them to them, first freindly to afford them communion, and not seperate from them for this errour, 2ly. labour to cure their malady, get them out of their errour, and not leave them in the pride and folly of their owne hearts, to judge and censure those who have done nothing amisse, but rather desire their good (which Saint
Chrysostome
understands by
proslambanesthai mē eis diakriseis dialogismōn
, and so Saint
Jerome
also, intending it thus,
Nolite secundum vestras cogitationes, quæ rex non judicat judicare, alius enim credit
&c.
) and from that verse observes, that though the Apostle exhorts the
strong
, yet he covertly
reprehends, and on their backs as it were whips, the weak
or erroneous Judaizers, first in saying they are
sicke
, 2 in bidding
proslambanesthe autous
which is an evidence saith he,
eschatēs arrhōstias
that they are in very ill case
, and 3 in mentioning
diakriseis
which notes (saith he) that they
judge and censure
those that least deserve it, and that are willing to communicate with them, and labour the curing of them; and indeed that these weake ones did so judge the strong is plaine v. 3. where the exhortation is distinct,
let not him that eateth not, judge him that eateth
.) 2ly. That the knowing againe should not
vilifie
or set at
naught
the weaker [
mē exoutheneitō
v.
3.] not call him
Racha
, empty sencelesse fellow, not reproach or scoff at his scrupulous conscience, but in charity suppose it to proceed from
want of knowledge
only, and consequently to have the excuse and benefit of that Gospell antidote,
weakenesse
or ignorance to plead for it, 3ly. That the stronger Christians (which although they have liberty, yet are not obliged alway to make use of it) absteine from those lawfull enjoyments which those weake ones, which count them unlawfull, may yet by their example be embolden'd against Conscience to venture on.
[sect] 26.
But then on the other side, the
weake
or
sicke
erroneous
Christian
, that cannot with a good Conscience use that liberty himselfe, is commanded. 1
Mē krinein
that he do not judge or censure the strong, upon 2 reasons: 1 because
ho theos auton proselabeto
v.
3 God hath by calling him to the faith, assumed or received the strong (as that strong had beene exhorted to do the weake
v.
1.)
eis philian
to freindship or communion first, (as
proslambanesthai
is used
Philem.
12.) then to helpe and cure him of his former defect or disease, and bring him to his perfect health and growth in Christianity: and 2ly. because he is Gods servant and domesticke, and
stands and falls to his owne Master v:
4. 2ly. That he be sure never to do any thing against Conscience, or which he is not fully perswaded in minde, that it is lawfull for him.
[sect] 27.
Having thus seene the state of those Romans, it will be superfluous to add much about the
Corinthians
in the almost parallell place 1
Cor.
8. This only difference will be worth noting betweene them, that (as there were two sorts of
proselytes
among the Jewes, one of
Justice
, or of those that undertooke the observation of the whole Iudaicall law; the other of the
Gates
, those that received only the precepts of the sons of
Noah
, of which the absteining from things offered to Idols was one, and as when the difference was betwixt the
brethren, Act.
15. whether the
Gentile-converts
should be
circumcised v:
1.
i.e.
be admitted
proselytes
of
Justice
, or only receive the 7
precepts of Noah, absteine from things offered to Idols
&c.
v:
19. it was determin'd in the Counsell of the Apostles, that it should suffice, if they were
proselytes of the gates
, and therefore they tell them that if they thus be entred,
absteine from things offered to Idolls
, &c. they
shall do well, so
) the Romans being either Iewes, or under the first head of
Jewish proselytes
, in Saint
Chrysostomes
opinion, and so thinking themselves bound to all legall Mosaicall abstinences, the
Corinthians
were only under the second, and so by their principles, which they had received of those, who converted, baptised, and
begot them in the faith
, (and that according to the result of that Apostolick consultation
Act.
15.) did continue to thinke it unlawfull to eate any thing offered to Idolls, or that came from an Idoll feast (which yet by the way Saint
Paul
resolves was but an errour in them, 1
Cor.
8.4. and by that judgement of his you see the unobligeingnesse of that interdict,
Act.
15) and therefore (in like manner, as before) those, that were better instructed then they, ought to have that charity to them, as not to do any thing in their presence which might by the example draw them to venture on that which was against their conscience, especially considering, that they had not knowledge or understanding enough to judge how
nothing
an
Idoll
was
v:
7.
[sect] 28.
Having thus compared the Romans and Corinthians with the Galathians, and given some account of the reason of their different usage, it will not be amisse to add what Saint
Chrysostom
observes to be the cause of the like difference in Saint
Pauls
behaviour to the
Colossians
from that fore-mentioned to the
Romans
. It is a speciall passage in his
proœme
to the Epistles. Where having mentioned the order wherein the Epistles were written, different from the order of setting them in our bookes, concludes that this was no unprofitable disquisition, for thereby many passages in the bookes would be interpreted: As, that
Rom.
14. he
condescends
to the
weake brethren
, but not so
Col:
2. which saith he was for no other reason, but because, that to the Romans was written before the other, and therefore as Phisitians and Masters deale not so sharpely with Scholers or patients at first as afterwards, so the Apostle in the beginning
synkatabainei Ioudaizousi, meta de tauta ouk eti
, adding that he was not so familiar with the Romans as yet, having never beene amongst them at the time of writing that Epistle to them, as appeareth
Rom.
1.15.
[sect] 29.
By all this 'tis cleare indeed, that those which are thus
weake
(either in the notion of
babes
or
sick men
) so that they are not able to discerne lawfull from unlawfull (as
the Idoll to be nothing
1
Cor:
8.7.) meerely for want of sufficient instruction, or somewhat proportionable to that principles of understanding, or the like; but especially if they received those errors or mistakes together with their
Christianity
from the
Apostle
or from the
Church
which gave them
baptisme
, they must then, 1 in
meekenesse
be instructed, and cured of their ill habit of soule: 2 not be
vilified
or reproacht: yea thirdly be so
charitably
considered, that till they have received satisfaction of conscience and reformation of errour, we are not to do any thing in their presence, that may by the example bring them to do what their conscience is not perswaded to be lawfull, or if we do, we are said to
scandalize a weaker brother, i.e.
an erroneous Christian. But then withall 'tis as cleare: 1 That those who have first received the true doctrine, and are for some good time rooted in it, that are otherwise
taught
by the
Church
that gave them
baptisme
, are not within the compasse of this the Apostles care, but, (as the Galathians) to be reprehended, chid, and shamed out of their childish errours, these diseases of soule that their owne
itching eares
have brought upon them: 2 That they that have knowledge in other things, nay are able to distinguish as critically as any, even to divide a person from himselfe, and obey one when they assault the other, (and by their subtlety in other matters demonstrate their blindnesse in this one to be the effect of
malice
, of
passion
, of
lusts
, of
carnality
, and not of any blamelesse
infirmity
or impotence,) are againe excluded from the Apostles care: and so thirdly that they that are come to these errours by the infusions of
false teachers
, which not the providence of God but their owne choice hath helpt them to, preferring every new
poyson
before the ancient dayly
food
of soules, have no right to that care or providence of the Apostle, any farther then every kinde of sinner hath right to every thing in every fellowChristians power which may prevent or cure his malady,
i.e.
by the generall
large
rule of
charity
, and not the
closer
particu lar law of
Scandall
. Nay fourthly, that the case may be such, and the adversaries of
Christian liberty
, the opposers of the use of lawfull ceremonies so contrary to
weake blamelesse
mistakers, that it may be
duty
not to allow them the least
temporary complyance
, but then to expresse most zeale in retaining our lawfull
indifferent
observances, to vindicate our liberty from enslavers, when the truth of Christ would be disclaimed by a cowardly condiscending, the adversaries of our faith confirmed and heightened, and the true weakling seduced, (a copy of which we read in Saint
Peters
apostolē
,
Gal.
2.12. and
Barnabas
and the
Jewish
converts being carryed away with it
v.
13. falling by his example into the same fault of dissimulation, pusillanimity, non-profession of the truth) which is a most proper kind of
scandall
, as frequent, and incident, as any, and so being as dangerous, as fit also to be prevented. To which I might add a fifth proposition also, That the Apostles speech of scandall
Rom.
14. and 1
Cor.
8. hath beene thought by holy men among the
ancients
to have much of
civility
in it, at the most to be but an act of Apostolicall care for those weak ones, (proportionable to those which in other places he prescribes for every other kind of sinner) both which are farre enough from being able to inferre any claime or challenge of those weake for themselves, any farther then what the first part of it amounts to, that of instruction; or at least the second, that of not being vilifyed, as the sicke hath right to the Physitian, to cure him and not to reproach him, civilly to get him out of his malady,
i.e.
to rectifie not to scoffe at his mistake. For, that he should challenge any right to the third part of that care, that he should restrain me frõ the use of my lawfull liberty, because else he will sin against his own conscience, do after me what he resolves unlawfull to do, supposes a willfull
sinne
of his to be to him a foundation of
dominion
over me, & so that every man that will thus
damne
himselfe, doth for that
merit
and
acquire command
over me, which if it be supposed, is sure as wilde an extravagant
irregular
way to
power
, as that of its being
founded in gratia
, or any that these worst dayes experience hath taught us.
[sect] 30.
Having thus farre expatiated on this last kinde of scandall, and taken in that which is proper to it, and also that which is more distant from it, I shall now resolve it necessary to add yet one thing more, instrumentall to the understanding of this kinde of
Scandall
in the stricter notion of it, by way of farther caution and restraint, and 'tis this, that
[sect] 31.
This being
offended
, stumbling and falling in this third and last sence, is not to be extended to all kinds of sinnes, which a man may commit upon occasion of another mans
indifferent
action; but only to that
one kinde
, that consists in doing that after him, either
doubting
or
against Conscience
, which he did with an
instructed
Conscience; or at most to this other kind also, of doing some unlawfull thing which anothers lawfull action was yet by
mistake
conceived to give
authority
to; and which that man probably would not have done, had not that
mistaken example
thus emboldened him. For if all sinnes that by any accident might be occasioned by my indifferent Action, should come under the nature of being
offended
or
scandaliz'd
, consequently I must be interdicted all indifferent actions at all times, because at all times each of them may
occasion
(by
some accident
) some
sinne
in another: and 'twill be impossible for me to foresee or comprehend all such accidents that may occasion such sinnes. An action of mine may by accident produce a contrary effect; my
fasting
from flesh, may move another (that
dislikes
me) by way of
opposition
to me, to eate flesh, though in
Conscience
he be perswaded he ought not; as in
philosophy
there is a thing call'd
Antiperistasis
(by which excessive cold produces heat) and
æquivocall generations
, as when living creatures are begotten of dust and slime: and for such
acidentall
, perhaps contrary productions, no
law
makes provision, no
care
is effectuall; only for those effects, that
per se
, of their owne accord
are likely to follow (as transcribing a Copy is a proper consequent only to the writing of it) these the law of the
Apostle
belongs to, and to them our
care
and spirituall
prudence
must be joyned, so that we do nothing, though to us never so lawfull, which we have reason to feare, that another who thinkes it unlawfull, may yet, without satis fying his Conscience, be likely to do after us, or on occasion of which he may probably do something else, which otherwise he would not venture to do.
[sect] 32.
Having thus farre dealt in the retaile and gone over all the kinds of scandall single, we may now ascend to the consideration of all in grosse, and then also these Corollaries will be found true, that from all kinds of
Scandall
it is cleare. 1,
That no man is offended or scandaliz'd, but he that falls into some sinne
, and therefore to say I am scandalized, in the Scripture sense is to confesse I have done that which I ought not to have done: and then my onely remedy must be repentance and amendment.
[sect] 33.
2.
That to be angry, grieved, troubled at any action of another, is not [to be offended
] in the Scripture sense, nor consequently doth it follow, that I have done amisse in doing that which another man is
angry
at, unlesse my action be in it selfe
Evill
. For if it be not, then 1
he is angry without cause
, and that is
his
fault, not
mine
; yea and
krinei adelphon
, he
judges
or censures
his brother
that hath done no hurt, which the
weake
is forbid to do.
Rom.
14.3. And secondly, he is of all men most unlikely to do after me, which he is angry at me for doing, and therefore I have least reason to feare, or possibility to foresee, that he will be
Scandaliz'd
in the Scripture phrase: which feare or foresight were the only just motive to me to absteine from any justifiable indifferent action.
[sect] 34.
The occasion of the mistake (or in the
Philosophers
stile the
aition tou pseudous
) the reason that men think it a fault to do any indifferent thing that another is
angry
or
displeased
at, is first the equivocallnesse of the English phrase
to be offended
for that in English signifies to be displeased: but in Greeke (the language wherein the new Testament is written) it signifies no such matter, unlesse by accident, when
being displeased with Christ
, makes a man
deny him and forsake him
: but then also 'tis not the being
displeased
, but the
forsaking or denying him
that is meant by being
offended
, that is
Scandaliz'd
.
[sect] 35.
Or Secondly the use of a word that sounds like this in that notable chapter concerning Scandall
Rom.
14. for there in deed
v:
15. this phrase is used, [if
with thy meate
i.e.
with thy eating,
thy brother is greived
, or made sorry.] Where yet 1. I hope 'twill be much more just that that one single word should receive its importance from the whole context, then the whole context from that one word. The whole context from the 13. to the last verse belongs to the 3 sort of
Scandall
when a weak brother seeing me eate what is lawfull for me, because my Conscience is instructed, followes me, and eates too, though it be with a
doubting
or resisting Conscience, and so falls into sinne; as appeareth
v.
14.
to him that thinketh a thing uncleane or unlawfull, to him it is so
, and therefore if he shall do it, he sinnes by so doing, and
v.
23.
he that doubteth is damned if he eate
, and therefore in all probability that must be the meaning of the 10 verse also. [Is
greived] i.e.
wounded, or falls into sinne.] explained by 3 words
v.
21.
stumbling
being
offended
, and being
weake or sicke
. And so it may easily be resolv'd to signifie. For secondly
lype
,
greife
, may be taken for the
cause
of greife, a disease, or wound, or fall &c. as
feare
in Scripture signifies
danger
, which is the cause of feare, according to a vulgar Hebraisme ordinary in the
new Testament
, where for want of the conjugation
hiphil
, which in Hebrew signifies [to make to do any thing] the Greeke is faine to use the active to
do
. An observation which
Hugo Grotius
makes use of to explaine that Phrase (I shall not enquire how truly)
Mat.
19.9. and resolves that there
moichatai
[committeth adultery] must signifie [maketh her from whom he divorceth to commit adultery] parallell to what we read,
Mat.
5.23. So also
penthein
, to
bewaile
2
Cor.
12.21. signifies to punish, to use sharpenesse, which will cause greife, or wayling in them that suffer it. The word is very neare this other of which now we speake, and therefore
Hesychius
(the best glossary for the new Testament,) renders
penthos
both by
symphora
calamity, and
lype
greife:
i.e.
greife and the cause of greife; which is also very bservable in the use of this very word
lype
or
lypein
in the Septuagint; the word
tonod
which signifies
infirme
, or
weak
, or sicke, being rendred
lypeisthai
Lam.
1.22.
hē kardia mou lypeitai
, where we render
my heart is faint
, and so
Is.
1.15.
pasa kardia eis lypēn
, the
whole heart is faint
, by faintnesse meaning
sicknesse
: which is the cause of greife; and therefore the same Hebrew word, is in other places rendred
odynē
,
affliction
, or
pain
, and
nosos
Disease Deut.
7.15. agreeable to the 21
verse
of that
Ro.
14. where
stumbling or being offended
is explained by
being made weake
, which phrase is not to be taken in the sense that weakenesse is used in,
v:
1,2. that of infirmity or errour (for such he is, before stumbling) but in this other as weakenesse and disease,
i.e.
sinne, are all one. So also another Hebrew word
rkh'
which signifies
perdition
, and destruction, and is frequently rendred by
apōleia
, is once interpreted
lypē
Prov:
31.6.
hoi en lypais
, for which our English read
ready to perish
; very agreeable to which doth Saint
Paul
here interpret,
greiving the brother by destroying him. i.e.
bringing him into some snare or sinne; the notion of Scandall, which all this while we speake of. From all which observations, and analogies it will be no rashnesse to conclude, that
lypeitai
,
being greived
, in that place, is perfectly synonymous with
asthenei
(which we there render is
make weake
, and in divers places of the new Testament signifies
koinōs
disease
, or
sickenesse
, and is so rendred by us,
James
5.14.
athenei tis
is any man sicke
) and with
apoleitai o adenōn
1
Cor.
8.11. in the same matter,
thy brother is weake
, and dyeth, or
perisheth
through
weakenesse
, and with the like phrase in this chapter also, in the end of verse 15. All which clearely denotate the
disease
or
perishing
of the
soule i.e.
sinne, which will destroy, if repentance and mercy intervene not.
[sect] 36.
The 3 (which is indeed the maine) occasion of the mistake, is an ordinary but an unjustifiable humour of men, to accuse and condemne all whom they do not like
i.e.
a desire to lay some crime to the charge of them, with whom they are
angry
, if it be but
se defendendo
, that they may not be said to be
angry without a cause
, and when they cannot finde any such reall crime, then they fly to the case of
Scandall
, and mistaking that for
offending, or displeasing, or occasioning anger and dislike
, their being angry with them, must make them with whom they are angry, criminous; which what a circle it is, first to be
angry without a cause
, and then to make that a cause of anger, (
i.e.
a sinne in the other) because I am
angry
, I conceive will not be hard for any to understand.
[sect] 37.
I will only adde, that if another mans displeasure or anger at my indifferent action, should make that my indifferent action a sinne against him, then any mans sinne of uncharitablenesse against me must make me to be uncharitable, for so I should be, if I sinned against him in scandalizing him: but if I were not so before, his sinne (being utterly accidentall and extrinsecall to me) shall not, I hope, make me to be so now.
[sect] 38.
To all which I shall here insert this appendage, that even for proper-scripture-scandalls, the criminousnesse of them is not to be measured by the event, but by the naturall scandalousnesse, or aptnesse to give
Scandalls
inherent in them; for I conceive God passes Judgement upon sinners by intuition, not by prevision, by seeing what the sinne is in it selfe, and in the aggravating circumstances that are inseperable from it (as that it is apt to give scandalls &c.) not by the casuall consequents that may possibly either follow or not follow. And I conceive, that that opinion of the Papists (on which they lay part of the foundation of their Purgatory) that men may after their Deaths sinne, and have more acts of sinne lying on them, (by reason of other men sinning by the scandall which they gave in their lifes) then they had at their Death, and so require in just recompence, some punishments increaseable above what they could be adjudg'd to at their death, is but a phansy or Schoole-notion, that hath some shew of truth, but little substance, seeing God punisheth every man by the verdict of his owne Conscience; and therefore that other sinne, which my sinne is apt to produce in another, will be by way of aggravation, layed to my charge by God, that sees my heart, and the inherent scandalousnesse of that action of mine, (though that other man by the grace of God do resist the Temptation which my Scandall gave him,) as much as if he had not resisted it, and so as his not sinning shall not excuse and lessen my fault which was apt to have brought him to sinne; so in like manner, if he do not resist the temptation, or if by occasion of it, he fall by accident (
i.e.
by the motion of some other part of his temper) into some other sinne, to wit that of causlesse anger (which no action of another can be said apt to produce; for if it might, the anger would cease to be causlesse) this accidentall fall of his shall not adde to the sinnefulnesse of my act, any more then his former not sinning did detract from it, nor consequently make it sinfull, if of it selfe it were not so.
[sect] 39.
You will best judge of this truth by an example. That
Heliodor
a Bishop committed a fault, first in writing, then in setting forth an amorous light fiction or
Romance
, and then improving that fault by choosing rather to loose his Bishopricke then to subscribe the condemnation of his worke, is and may be reasonably acknowledged; That some men also by reading that Author have since beene transported to the commission of some sinnes, may not improbably be imagined; but having granted all this (and withall that the aptnesse to give such
Scandall
, was matter of aggravation to his sinne) let me now suppose, that immediately after his death that booke had beene burnt (as before his death it was condemn'd) when he was no longer able to preserve it, would the Councells condemning and committing that execution upon that worke, any whit have mitigated his Sentence in Heaven? to affirme that, were to suppose Purgatory, or somewhat like it, or else that God by his foresight of that act of the Councell should have allowed him that mitigation at the day of his particular judgement,
i.e.
imputed the casuall future actions of others to the present acquitting of him; and then, besides the many inconveniences that might attend such concessions, it must also follow, that every reprinting of that booke since that time, hath beene a damnable sinne (not only of giving Scandall to such as have beene since infected by it, but especially) of uncharitablenesse to that poore dead Bishop, in increasing his Torments, or making them capable of increase ever since, by giving him a capacity of corrupting more readers; which humanity and charity, and our great obligations to the nature of which we partake, would not permit any good Christian to do willingly; and besides though our prayers may not be allowed to be able to fetch soules out of Purgatory, yet such a not reprinting of his booke might do somewhat like it, prevent the enlargement of his paines, though not make expiation for him. So againe when those obscene pictures that historians mention (as I remember in
Tiberius
his time) after the Authors death were burnt, and not permitted liberty to corrupt the eyes of posterity, but
Aretynes
have had the lucke to do it, it would by that Schoole reason follow, that
Aretyne
though in the worke and the designe but equall sinner, were yet by this mishap of not perishing, become farre more criminously guilty, then that other Author; which sure to affirme were a very irrationall nicety.
[sect] 40.
3. A third Corollary, from the veiw of all the places together will be this, that to
give Scandall is then most criminous, when it signifies by my example to bring another man to a sinne
, especially if this scandalous action of mine be of it selfe a sinne, abstracted from the sinne adherent of
Scandall
; and then let any indifferent man judge in what degree may those be truly said to
scandalize or offend others
, (or indeed how they can be excused from that crime) who by being angry with me without a cause, and so committing that sinne against Christs law,
Mat.
5.22. do also by so doing not only provoke and tempt me to anger back againe, which is a sinne in me, if I yeild to it, and that more then accidentally caused by them that
provoke
me,
Eph.
5.4. but give other men, who have a good opinion of their Judgement and sanctity, a plaine paterne of that sin of uncharitablenesse to transcribe and copy out, I mean, to sinne also by causlesse anger.
[sect] 41.
4. That
the great sinne of Scandall in the use of things
indifferent, that Saint
Paul
so speakes of, and resolves against,
Rom.
14.
is the sinne of uncharitablenesse, or pride in despising and not condescending to the weake brother
; meaning by the
weake brother
not every one that may fall into any sinne (for so every one living will come under that title) but particularly him that is
asthenēs tēi pistei
, weake and
ignorant, and unsettled in the faith
; as it is opposed to
the strong, i.e.
the
knowing Christian
.
[sect] 42.
And then let any judge whether this can belong to them who professe themselves leaders of others, and would be unwilling to be counted ignorant, and particularly who in the points wherein they professe themselves to be offended, are so knowingly resolv'd, that they will never be induced to do that after me which they affirme themselves scandalized at: which you may discerne, because they are angry and inveigh against me for doing of it, and do not so much as pretend that they are by my example enclined to do what I do, and so
scandalized
; but only angry at me, or my
Action
, and so
offended
.
[sect] 43.
Meane while I cannot but confesse that any mans willfull sinne, though it cannot be called weakenesse in our vulgar notion; yet in the other notion of
weakenesse
, for disease of soule, it may well passe; and deserve to be the object of my charity and compassion, as much or more then
weakenesse
is: and therefore the uncharitablenesse of my brother or his causles anger against me being such, I conceive myselfe bound to use any lawfull meanes which I can hope may be able to prevent any such sinne in him, or to get or recover him out of it; especially if that sinne of his may become probably over and above his uncharitablenesse, a meanes to stoppe or hinder him in his course of reformation, or farther growth in piety; as probably it will be, if I against whom he is thus unjustly wrath,
he
is lawfull Pastor; for then that causlesse anger or rage of his against me may, through his farther default, occasion in him some vow or resolution, never to heare me, never to be moved or perswaded by me in any thing, that out of the Pulpit or in private reasoning or exhortation, I shall (never so convincingly) propose unto him.
[sect] 44.
In this case it may be demanded whether I ought in charity to absteine from this indifferent action, which I foresee will be the matter, though not the cause of all this sinne in him, of uncharitablenesse and non-proficiency in his Christian course, and whether if I do not so absteine, this be not to
scandalize
my brother? To which I breifly answer, 1 That this anger or uncharitablenesse of his, is not the being scandaliz'd in the scripture sence, nor consequently in that respect my Action a Scandall, though it be the matter of the anger, or that which he is angry with.
[sect] 45.
Secondly, 'Tis true indeed that his revolving against my preaching, is in him to be
Scandaliz'd, i.e.
to fall and be stopt in the service of God: but this only in a generall sense; as every other such hard-hearted obdurate resisting of Gods grace is, or may be called also: and that which occasions this being
Scandaliz'd
, is not my indifferent action, but his anger or uncharitable conceit of me for it, unlesse æquivocally, or remotely, as my action is the object of that anger, which anger is the Author of that profane resolution.
[sect] 46.
Yet Thirdly, if I might foresee that my indifferent action would occasion, though unjustly, his anger, and his anger produce the effect before mentioned, I thinke I should do well to absteine from that indifferent action, in charity to him.
[sect] 47.
But that with these cautions, 1. Unlesse my indifferent action be ordinable to some good Christian use, and designed by me to it; for then, as the Jewes resolve that a tree set for fruit though it chance to be worship't, is not made unlawfull by that meanes, so that indifferent
usefull
action of mine will not be made unlawfull by the possibility of that ill consequent:
Maimon:
de Idol:
c.
5.
Or secondly unlesse that action in it selfe indifferent, by lawfull authority be commanded, and so cease to be indifferent to me who am under that authority: Or thirdly, unlesse my absteining may as probably prove matter of anger to some other of contrary perswasions: Or fourthly, unlesse that my absteining, or receding, or undoing what before I had done, be more likely to confirme him in his errour (which otherwise in time being not yeilded to, he may foresake) then to prevent or allay his causlesse anger and those effects of it. Or fifthly, unlesse I use some meanes in prudence not only sufficient, but probable to prevent this sinne of unjust anger in him before, or to reforme it afterward.
[sect] 48.
But if my absteining be like to fall into all or any of these inconveniences, then sure I ought not thus to absteine; because when these consequences do attend my absteining, they are nearer and more immediate to my absteining, then his resolving against my preaching, is to my doing of it.
[sect] 49.
And another consideration also may be taken, that he that will so causlessely be angry and resolve against the ordinary meanes of his salvation, will by the suggestion of the Devill or temptation of his owne corrupt humour, be likely to finde out some other matter of quarrell against me and my preaching.
i.e.
against his owne salvation, though I by absteining from that particular action, deprive him of that.
[sect] 50.
And lastly, though I shall not define, yet I would have it considered, whether he that is so disposed in soule and affection, that so gives up the raines of his passions, as upon every or no occasion to breake out into causlesse anger, uncharitablenesse, and the effects of it forementioned, be at all the more innocent or lesse culpable in the sight of God by the not committing of some one act of that sinne, only through wanting that or any other one occasion of committing that act. For as in good things God accepts the will for the deed (if it be a firme and ratified will, a full actuall intention, & want nothing but opportunity to shew it selfe) & againe accepts him that hath exprest that will by ten only acts, being by want of opportunity
deprived
of a possibility of adding one act more to the number, aswell as him, which having the opportunity that the other wanted, hath exceeded him in the number of outward acts. So there may be some reason to feare, that an unresisted, unrestrained propension or consent to evill, that wants nothing, but an occasion to actuate it, will be as criminous in the sight of God, as if (without any improvement or change, but only by meeting with that occasion) it breake forth into act: or that an habituall inclination to sinne in one man ten times actuated in the members, having no more occasions to actuate it, shall be as sadly punished, as the same degree of inclination and intention through presence of occasion once more actuated.
[sect] 51.
The same Consideration will be proper to other particulars incident to the matter of Scandall. As when any thirsty drunkard actually importunate in the pursuite of his espoused sinne, shall by occasion of my feast fall into an open act of that sinne, (and a hundred the like.) The question then may be, whether supposing him bent to excesse, and not only habitually guilty of it, but actually Intent upon it, and only kept off by want of Occasion, He would have had lesse guilt upon his soule, if I had not then invited him. I conceive it hard to maintaine the affirmative, for though with men, who see not the heart, no sinne is punishable but that in the members (unlesse in case of Treason) yet with God the sinne of the heart and the hand seemes to be equally great, the act of the mind and the act of the body; And the minutely preparations of that to sinne as punishable, as the minutely execution of this. As in the Schoolemens resemblance the pressing of the stone to the ground is as great when it is with-held by my hand, as when it is actually moving toward the center.
[sect] 52.
I confesse there is somewhat to be said, and perhaps with probability, on the other side. And I thinke Saint
Augustine
somewhere expresseth his opinion, that though in good things God mercifully accepts the will for the deede, yet out of the same mercy and indulgence he punisheth
not so
in evill things; Yet because Saint
Augustine
may perhaps meane the incompleate and not perfect act of the will, (which though we yeild to be lesse then the outward act, yet the compleate act of the will, wanting nothing but opportunity of execution, may still be as great,) Or however, because there are not such demonstrable grounds of resolution, as to yeild cleare conviction to all in this matter, and too assure the Christian that such an Addition of any outward act of sinne shall make the punishment the heavier to the habituall sinner, and so the absence of that outward act alleviate it; therefore, although I said I thinke he should do well to absteine, I dare not yet affirme that he is bound in charity to do so; Nothing but charity binding him to it, and the man that still hath that propension unresisted, being (upon this supposition, which we have made not improbable) like to reape little profit from that charity.
As free, and not using your liberty for a Cloake of Maliciousnesse , but as the servants of God
.
1 Pet. 2.16.
But I say unto you, That whosoever is angry with his brother without a cause shall be in danger of the Judgement
.
Mat. 5.22.
FINIS.
A TRUE RELATION OF Mr. Iohn Cook's Passage by Sea from
Wexford
to
Kinsale
in that great Storm
Ianuary
5.
Wherein is Related the Strangeness of the Storm, and the Frame of his Spirit in it. ALSO The Vision that he saw in his sleep, and how it was Revealed that he should be preserved, which came to pass very miraculously. LIKEWISE A Relation of a Dream of a Protestant Lady in Poland, which is in part come to pass, the Remainder being to begin this year 1650.
All written by himself.
Printed at
Cork
, and Re-printed at
London
, and are to be sold by
T. Brewster
and
G. Moule
at the three Bibles in
Pauls
Church-Yard neer the West-End of
Pauls
, 1650.
A Relation of Mr.
Iohn Cooks
passage by Sea from Wexford to Kinsale, being in the great Storm on
Ianuary
the 5.
The Lord is then best praised, when we acknowledge him to be his own praise
.
J
Anuary
the first 1649. We embarqued from
Wexford
in the
Hector
for
Cork
, sayled two or three leagues beyond
Greenor-bay
, but were driven back, the wind turning upon us: upon the Saturday following the wind being fair, we got within sight of
Dungarvan
, that night proved very windy, and about four in the morning, on the Lords day, a very tempestuous wind arose, and the storm was the greatest that ever any of the Sea-men knew (as they said) the wind was at South-east very thick, we hoped to fetch
Cork
, being within a mile of the shore, but could not possibly make land: in that distress we put to sea, hoping by that way to save life, the wind continued all that Sabbath day at South-east, South-east and by South, and south south-east, which if the wind had held at south-east, as it was in the morning, we could not have doubled the point about the land, but had been cast upon the rocks: we bore two courses to keep off from the shore all the day, and being as we supposed about the pitch of the Cape Cleere, at nine on Sabbath day night we shipt a great Sea which split and carryed away our foresaile, and so were forced to bring to a fore-top-sail to keep from the shore, and so bore that foretop sail till two in the night, in which time we were forced to cut our Anchor from the bough to save the ship from foundring, we having at that time five foot water in the hold. The Monday morning we were ten leagues to leeward of the Cape Cleere, and the wind was up at South-west, then we made all the sayl possible to fetch some harbour, and it pleased God, we made the Cape, hoping to fetch
Baltamore
, but the wind comming up at South-east and by cast, we were forced to Sea again all the night, the wind continuing at south-east, south-east and by south, and south south east.
Tuesday we made the Misne head and could fetch no harbour the wind being still at south-east. Wednesday the wind came up at west, and we made for shore again, and came up as high as
Galley-head
hoping to fetch
Kinsale
; about three in the after-noone the wind came up at east south-east, and then we hoped to recover
Castlehaven
before night, and made for it, and in our running in, the wind veared at south-east and blew very fresh, and we still hoping to gain the harbour, ran in, knowing no other way to save life, the wind being so contrary, it grew extraordinary thick, rained and blew much, we fired three or four pieces of Ordnance (for lights) and saw one light from the Castle, as we supposed, and two other lights to the Eastward, which put us to an amazement, not knowing whether they were friends or enemies, and could not possibly see the going into the Harbour, but were in the very breach of the shore, the sight whereof caused a great scrick in the ship, and thereupon brought our ship to, hoping thereby to have come to an Anchor, which if we had done, we had been past all hopes of life, the rock being so neer would have cut our Anchor, but God being most merciful in that nick of time, the seamen dispairing of life, the wind at an instant came up at East, which carried us into the sea, and yet so great was the danger, that if the wind did not turn again to the West in less then half an hour, we were dead men, by reason of the rocks, called the
Stagges
, so we came in a little time within sight of the rocks, the wind driving us strongly upon them, and then seeing the rocks within a ships lengths of us, we put our ship to stay, which she would not, the sea being so extremely grown, the Sea-men being at their wits end, wishing us to prepare for death: the Lord again at that very instant caused the wind to come up at South west, which carryed us out into the Sea cleer from the rocks, where we had the wind favorable that night, and blessed be God on Thursday we came into
Kinsale
, it being the first Harbor that the Lord was pleased to give us, but that which is most admirable is this, that so soon as the ship was come into
Kinsale
Harbor, she leaked so very much, that the Sea-men came the next morning and told us, that they were almost drowned that night, and could scarce keep the ship alive in the Harbor, and were forced the next tide to bring her to the Key, and at the Ebbe to repaire her, and had much ado to keep her from sinking. This being the method of Gods dealing with us in our passage.
Now concerning the work of God upon my spirit during the storm, thus it was. Towards the evening of the Sabbath day,
January
the 5. My heart was exceeding sad and sorrowful, even unto death, a dark night approaching, and the ship taking in much water, my spirit fainted and my heart sunk within me, the sorrows of death caught hold of me, much grieved I was for my poor dear heart, who did not express half so much fear as my self, many sweet expressions she used in prayer, wishing me to call earnestly upon God: many words I could not use, but my heart was praying; it almost broke my heart to think what my wives friends would say in
England
, that I should bring her into
Ireland
to drown her (though I bless God she never repined at it) troubled I was likewise for my poor servants that came in love along with us; it almost split my heart to think what the Malignants would say in
England
when they hear that we were drowned (how they would abuse that passage of
Paul, Acts
28.4.) That though vengeance hath not overtaken me at Land, yet I was met withall at Sea; much troubled I was at the manner of the death, such extraordinary violent deaths importing the nature of some heavy Judgement, as if the Lord had been displeased with us, and had not sent us, and
Jonahs
storm was much in my thoughts (I having spoken some words of Exhortation to the company out of that Scripture before the storm began) for God sent that great storm,
Jon.
1.4. because
Jonah
went contrary to his Commands, where I observed, That when a Christian is in Gods way, upon Gods errand sent to Sea, usually God makes the Winde and the Seas favourable to him, upon such considerations, and many objections made by flesh & blood, I had very much trouble with my unbelieving heart, & could not bring my mind to be willing to die, earnest I had been in secret prayer at the Throne of Grace before, for 16. or 18. hours together, pleading with the Lord, that if it were possible, this cup of his indignation might pass over us, that in Judgments he would remember Mercy, however that we might cheerfully submit to his sweet pleasure; the materials of my long suggested prayers were meditations and applications of several Scriptures which mention Gods power, wisdome and love in the Seas. God having put it into my minde not long before to note most of the cheif places in Scripture concerning the Seas, as proper and usefull for a Sea-voyage. I prest my deere Christ not to drown us, for said I, we fight for thy Kingly office, throw the
Ægyptians
and all thy implacable enemies into the midst of the Sea, but let us be preserved, that we may prayse thy Name,
Exod.
14.27,30. & 15.1. Lord this is a calamity too heavy for thy poor creatures to bear.
Job.
6.3. were it not that thou hast cast our sinnes into the depths of the Seas:
Micha
7.19. Lord suffer not the deeps to swallow us up:
Psal.
69.15. Let not all thy waves and billowes pass over us, We have seen thy wonders in the deep:
Psal.
107.23. And if thou save us we shall declare them to the children of men; but if thou make our graves in the Sea, the dead cannot praise thee:
Psal.
115.17. thou Lord which leadest thy servants through the deep, prepare dry Land for us: Lord, why should not the Seas be as favorable to thy servants as the dry Land? Thou layest up the depth in storehouses,
Psal.
33.7. Thou Lord canst still the noyse of the waves,
Psal.
65.7.
Ps.
68.22. was a comfortable place to me, that the Lord promised to bring again his people from the depth of the Sea. Sweet Christ do thy office and be a Savior to thy people both for soules and bodies, thou layest the beames of thy Chambers in the waters, 10.4.
Psal.
3. and rulest the raging of the Seas.
Psal.
89.9. Now Lord the floods have lifted up their voyce and their waves:
Psal.
93.2. but thou art mightier then the mighty waves of the Sea, The fishes of the Sea shall shrink at thy presence: but why art thou so angry with thy servants who are sent in thy service? Lord cast the great Dragon into the bottomlesse pit, that old Serpent called the Devill and Sathan.
Revel.
12.9. but let thy people live to prayse thee; thou Lord canst say to the Sea, Be dry:
Jsa.
44.27.
Jsa.
50.2. and canst easily bring us safe to Land. Lord, hast not thou made the depths of the Sea a way for thy ransomed ones to pass over?
Esa.
51.10. Why must then thy servants be drowned as if they were in this, malefactors?
Ionah
ran away from thee and would not obey thee, being unwilling to be the mouth and proclaimer of thy Iustice upon
Nineveh
the head of the
Assyrian
Empire; and thou sentest out a great winde, and there was a mighty tempest in the Sea,
Ionah.
4. which was no ordinary wind, but sent as a punishment for his
disobedience
, yet because he was thy servant, and was not selvish, nor displeased in thy shewing mercy for fear of his being thought a false prophet, but out of zeale for thy glory which he thought was wronged and obscured by that change, and out of his ardent affection to thy people that their enemies should live; and though he said he did well to be angry, even unto death, they being not words of express rebellion, but of a passionate spirit blinded with anger, therefore when he prayed unto thee out of the belly of Hell, he was mightily preserved. Now Lord, thou which wast a God so gracious and mercifull, slow to anger, and of great kindness towards the Heathens in
Nineveh
: shall not we find thy mercy? if thou hast any further work for us to do in our generation, we shall. Lord, it is the wicked that is like the troubled Sea, whose water casts up mire and dirt,
Isa.
57.20. Thy Justice was very wonderfull and glorious at
Wexford
, in drowning those Pirates and wicked men in the Sea, that had done so much mischief to thy people in that Element, and what will thy enemies say when the carkasses of thy people are given to be food for the Fishes? Lord command this great wind into thy treasure, and bring forth windes serviceable for us, that we may have an auspicious gale, and an expeditious saile into some Harbor where it shall please thy Majesty, for thy poor creatures are at their wits end, and death appeares in their faces; thou only canst shut up the Sea with doors,
Iob.
38.8. Thou makest the deep to boyle like a pot, and makest the Sea like a pot of oyntment, as if the Sea was hory by the long white frothy path,
Job.
41.31,32. Sweet Christ, thou hast dominion from sea to sea,
Psal.
72.8. and thou hast given to the sea a decree, that the waters passe not thy commands,
Prov.
8.29. Therefore though the sea roare and threaten to swallow us up, yet unless thou givest it a commission to devour us it cannot hurt us: sweet Christ, the sea is unto thee as the dry land, the winds and seas will obey thee, deere Redeemer wilt not thou speak one word to save the lives of thy own members?
Matth.
8.26,27.
&
14.27.
Mark.
4.29. Peace, Be still, will make a great calme. Lord assure some of thy poor servants that all shall be well, as thou didst to blessed
Paul, Acts
27.23. Give some vision and manifestation of thy love, for it was for thy sake that we committed our selves to the sea, let some of thy servants in the ship be assured from heaven that we shall be safe, however Lord let thy will be our wils: with other Scriptures, not now perfectly remembred. Now after long prayers and medita tions, it pleased God about six on the Sabbath day night that the Lord Jesus Christ began to quiet my spirit in himself, and I was well perswaded to die, and began to be ravisht with the Consideration of the joyes of Heaven, how quickly I and my poor heart should be in our Masters joyes, that expression of entring into my Masters joy affected me so much, that the joy was too big to enter into me, I must be swallowed up in it, and that my Masters joy could be no small joy; thereupon I spake comfortably to my wife, desiring her to cheer up, for that we should suddenly be in Heaven, if the Lord was pleased thus to take us to himself, who resigned her soul to God, and we took our leaves solemnly of each other, with our eyes full of teares, which I felt running down her cheeks when I kist them, saying, that all tears shall suddenly be wiped from our eyes in Heaven, and with a great fervor of spirit I thought severall times to this purpose, Sweet Jesus I come to thee, we come not only in this Sea of waters, but Lord we come to thee in a Sea of blood, if it shall please thee to call us; the storm still increased, and I grew exceeding heavy and sleepy, but roused my self up, and checked my heart, that I should
Jonah-like
offer to sleep in such a storm: what, be drowned in my sleep! my wife often begged at me not to sleep, but I could not possibly forbear sleep, if it had been to have saved all our lives; so it pleased God, that sitting as upright as I could, I fell into as fast a sleep as ever I was in all my life.
And in my sleep I dreamed.
THat I was in an upper Chamber with my sweet Redeemer Christ Jesus, and that there were many Suiters attended to speak with him; to beseech him to save their Ships and Barks that they might not perish by the storme, I thought it was a large roome, wherein there was a long table with an ordinary Car pet and two candles standing upon it, two trenchers of Tobacco and Pipes, and one Man walking up and down by the Table, of a middle staturs, about thirty years of age, the hairs of his head long and white as flax; but curling at the ends, but the heire of his upper lipp brown, in fad color'd cloaths, and a cloth broad brim'd hatt, I asked him who he was, who said, he waited upon Jesus Christ; I asked him where Jesus Christ was, he pointed to a Curtin, saying, there he is;
I
beheld and saw a glorious shining but no person, and methought Jesus Christ spake to me, and asked me what I would have, I said the lives of all in the Ship, said he in what ship, said I in the Hector, it is a bad name said he, for such as professe me. Castor and Pollux is for Heathens, I prayed him that we might not dye in this manner, sayes he to me are not you safe? but good Lord said I, I must returne, and
I
beg life for all in the ship, who are they said he?
J
answered that there was my deare Wife and three Servants. Leiutenant Colonell Saunders. Major Bee, Mr. Hews, honest Abraham, and other passingers thy Servants, [said Jesus Christ at my naming Lieu. Col. Saunders and some others, its so much the better that they are there] the Captain and the Sea-men are serviceable to thy Cause, and they take wonderfull paines to save their owne lives and ours, but unlesse they speak the word, the Sea will swallow us up: then me thought Jesus Christ askt me why I was not willing to dye? I told him that by this death I could not glorifie him, thinking upon that Scripture,
Joh.
21.19. and me thought
I
was something impatient that the Lord should surprize us, getting us into a ship at his call for his service, and then to drowne us, as if we were Parricides or hainous Malefactors, which by Law were drowned: at that me thought Jesus Christ withdrew, as if he was displeased, said I, Lord, if thou drownest those that love thee, what wilt thou doe to thine Enemies? but could get no answer, whereupon I was sensible of my impatience and thought that I fell downe flat downe on the ground, and cryed for Mercy, saying Lord, we kisse thy Rod, and turne our naked backs, strike as much as thou pleasest. Lord, I plead nothing but thy free grace; it may be many of us have offended in excessive drinking, and now thou art punishing us in our owne Element, however our sinnes are more then the sands of the Sea-shore, but let pity move thee to save us; thou sweet Redeemer which hast been at Sea in stormes, that art a mercifull high Priest, like unto us in all things but sinne.
Heb.
2.17. and 4.15. take pity upon thine owne flesh and blood; what Father but would save his Child from drowning if he could hast thou no worke for any of us to doe? I thought the answer was, but little to be done by some of us; (my Wife tells me that but a little before I slept, I said, certainly God had something for me, and others to doe for his service, and therefore we should not dye at this time, which I did not remember;) sweet Christ hear us as thou didest thy Disciples, save us quickly or else we perish, and being earnest in prayer, in my dreame me thought that the man in the roome came to me, and told me that this was no naturall storme of Gods sending, but an extraordinary Tempest raised by Satan (by Gods permission) to destroy those which were coming to fight against his Servants, and bad me use that argument to his Master. Thereupon I instantly craved leave to speake, and said, sweet Saviour, if this Storme and Tempest be raised by Satan the Prince of the ayre as in
Lapland
and many other places where winds are sold, he works in the Children of disobedience, and hath nothing to doe with thy poore Servants, for though thou mayst justly for our sins give Satan power over us, as thou didst over thy dear Servant
Iob
. Yet where thou givest a
particular
faith to be free from Sathans stormes and witchcrafts, thou art pleased to grant that which is believed, and in great love it pleased Jesus Christ to give a gratious answer to my Spirit, and said, be not afraid, your lives shall be saved; instantly replyed Lord, let it be for all the Persons in the Ship He said, be it so, then I pressed for the goods in the Ship Lord said I, there are my L. Gen goods, & M. Gn. goods; Let them safe, but they are not there said Jesus Christ, no Lord said I, they are fighting thy battells, Jesus Christ answered, the goods shall all be safe. And the ship likewise, and nothing miscarry, then I gave humble thanks, and departed, and as I was going out, I thought Jesus Christ said to me, it is granted for halfe fifty, goe no more to Sea in winter. I further dream'd that the Devill and his Imps were very earnest with Jesus Christ to get leave to destroy the Governour of Wexford, by the storme; but the Lord said, it should not be; somethere were that had Barkes at Wexford, that attended to speak with Jesus Christ, I could not tell what they said, they discoursed much about the Governour, and all that I heard Christ say, was that winter was not yet come for them at Wexford, then I thought I met with Captaine
Hairebottell
, who had very great respect shown to him and I thought his prayers did us very much good, and he was very much commended for his tendernesse to the sick Souldiers at Wexford, I thought there were other men from Wexford that came for safe passages and one Officer was very earnest for a ship that he was to come in, and I heard this expression concerning him, we must take speciall care of his ship; for he was very tender and kind to the poor sick Souldiers, and much discourse I heard about sick Souldiers. Jesus Christ said, if stormes will not do, I have other afflictions to make them more tender-hearted and pitifull, me thought the person that so walked in the room, spake much to this effect, that there would be many stormes by reason of much hardheartednesse, to break and melt their Spirits, since which (blessed be God) Captain
Lucas
is come safe in the wild
Beare
, one whom I observed in Wexford to be very liberall, tender-hearted, and compassionat to the poor Souldiers, whereupon I awaked, this dream lasted about two houres, all which time the storme increased, my Wife told me, that shee jogged me above twenty times to waken me. And wondred that I should sleep, seeing we are all so near the point of death, said I to her, peace my deare heart, be quiet, we shall all be safe: Jesus Christ hath promised me our lives be not afraid, and told her all my dream, whereat she was much amazed, but could not beleeve any safety, and urged me to prayer, being her selfe well resolved to dye, chearfully submitting to Gods good pleasure, but told me she had a strong impression upon her Spirit by way of question as if the Lord had spoken to her, that in case he should be pleased to spare her life at this time, whether she could be content to suffer for him; whereunto she found her heart most ready and willing, by the Lords assistance, to lay down her life for his glory; but my owne heart was then giving thanks, and brim full of comfort.
I related my dreame to Lieutenant Col.
Saunders
, Major
Bee, Ben.
and the two Maids that were in the Cabin. And sent in for Captaine
Stoakes
, the Master, the Gunner,
Bennet
, and Marshall, and bad them be of good cheere, and plye their businesse, for we should be all safe, telling them what I had dreamed, they admired at my confidence, and Captaine
Stoakes
could not believe it, (said he) I know God is very Mercifull and can doe much; but the Ship hath five foot water in the hould which the Pumpe could not reach being choaked, and very subject to leaks, being twenty years old, and then it was about nine at night, the storme increasing, and they not knowing where about they were, I told them that I was assured of safety, as if I were on Shore and one word more I had dreamed, which I told them of, said I to Jesus Christ, what if the Ship should break asunder? He answered me, you shall be as safe as if you were in
Codds
Boat (a Boat at Wexford that we went in towards the ship in the bay, and were driven back severall times) or as if you were in the Governors house in Wexford, what impression it had upon their Spirits I know not, but some that were in the great Cabbin told me that they did verily beleeve it, and that their hearts were much quieted by what I said. The storme increased and a great noyse was made in the ship, the water came in at the great Cabbine windowes, the ship ready to overset and to founder; many skreaks and cryes out now we are gone, and yet my confidence and assurance increased, I bad them pray and bethankfull for they were as safe as if they were on shoare still my poore Wife said it could not be. I told her I was sure of it; she must lye still and see the salvation of our God.
I confesse I much marvelled at the change that was wrought in my own Spirit, from a trembling fearfulnesse to a rejoycing assurance and considering it was but a dreame I thought I might presume too much in an over Confidence and was jealous over my owne hart least I should offend, begging the Lords extraordinary assistance sutable to the present danger, but the more I checkt my heart of presumption; the more did my faith mount upon the wing as if I had been upon dry ground, and had not so much fear as the thousand part of the weight of a haire: the poor ship workt for her life, and the Sea-men took infinite paines, two parts being fallen sick & the other 30 were continually at it, som times they were in a little hopes, sometimes their soules ready to faint about twelve at night, he that was at the Helme by my Cabbin said all was broken, the water came in there a little before they cryed out, that the foresaile was split and carried away, and the Anchors thrown over board to lighten the ship, yet all this while me spirit was the same in a thankfull admiration. for so great a deliverance, and said, all shall be as well as heart could wish, when they spoke of lightning the ship, my wife cald to Capt.
Stokes
and bad him if he thought fit, to throw over some Trunks which we had in the ship, which I liked very well (as it was in
Pauls-storm
) in regard of others that were in the ship, but for my own part, I said I would not have any thing thrown over, for I knew all would be well and (to blessed be the Lord of Seas) about four in the morning the storme abated, my heart was in a very thankfull posture, and that Wednesday night after, when the Sea-men said, we were in most danger entring into
Castle-Haven
in the dark, that we must have the wind turn twice in halfe an hour to save us, first to carry us from the breach of the shoare to the
Staggs
, and then to carry us off from them: when we were within a Cables length of the shoare, and the Seamen devided, not knowing what to do, Captaine
Stoakes
bad let fall an Anchor or else we are all dead-men others said, try to get off from shoare, and there was a great skreak that all was gone, I was not one jot afraid, but told them they were sure to get safe to Land, and the ship to a Harbour, and the Lord shewed himselfe kind to poore sinners.
One thing though it seeme to be of small importance, yet it runs much in my mind, and I must needs relate it, I thought that Jesus Christ said to me, that the goods should be all safe, and nothing hurt or lost by the storme, but when we came to look for our things we mist a looking-glasse and a Pistoll, the glasse case was all broke and shivered in many peeces by the rouling of the ships, being in one of the Boxes or Cabin-chests in the great Cabbin amongst other things, but the Glasse it selfe was not so much as broken or crackt, and the case though in eight or ten peeces yet might easily be joyned and glued together, that it is not worse by a farthing, which seemes to me very admirable, I told Captaine
Stoakes
of it, and desired him, if possible, to help me to my Pistoll, he examined them about it; but it could not be heard of, till the very day the ship was going out of the Harbour, and then somebody that had it could not be quiet till he brought it out, to let us see how weak our faith and confidence is in the Lord and that he will performe with his poore servants to a Title of his promise.
I know that usually dreames follow mens naturall inclination or their daily conversation as in
Pharaohs Butler
and
Baker
, they dreamed of wine and baskets of meate, matters about which they were ordinarily imployed
Gen.
40. and I having beene in a continued meditation of Jesus Christ his love, power, bowells of pitty towards his members, it was most likely, that if I dreamed of any thing I should dreame of him as many times upon the Sabboths nights: I have dreamed that I was in the very same company and at the same exercises as I was upon the day, and indeed the consideration of Christs humanity, his being at Sea, and his experimentall knowledge of our miseries much supported me, how many prayers did we put up for a safe passage which though they do not move the Lord by any eloquence, as an Orator moves his hearers, yet they move the Lord; as the cryes of children make the bowels of
their
Parents yearne towards them, and we must distinguish between shadowes and substances, dreames are but the appearances of things which are not, naturall dreams are either sinful deceitful & vaine, as
Isa.
29.8. the hungry & thirsty man dreames, that he eats and drinks, but he awakes and his soule is faint for food, or else they are representations of things past which were really done or things to come which falls out accordingly, and the matter of the dreame is principally to be regarded, some Christians have had difficult places of Scripture expounded to them in their dreames, as they have told me.
Therefore although dreames which are naturall and ordinary be of little or no account, yet extraordinary dreames many times prove true, as if one cry in his dream or be so fast asleep that he feels not pinching when the Imagination is so extraordinarily powerful, and that the party dreaming is confidently perswaded that it will come to passe it commonly proves accordingly, as that of
Katherin de Medicis
Queen of France, who dreamed that
Hen.
the Second should be killed at the Tilt, and said she would venture her soule upon it. And so he was killed by a Scotsman,
Montgomery
as she dreamed;
Petrarch
in
Padova
dreamed that a
Scorpion
stung him to death, that was in one of the Lyons that stand before a statue which they fondly call
Sancta Iustina
, the next morning he told his dreame, went thither and put in his hand into the hole and out came a Scorpion, which poysoned him, whereof he dyed, the great Souldier
Farese
the night before he dyed; dreamed that he was drowned and that his Saint
Christopher
could not carry him over the River and the next day the Ferry-boat sunk and he was drowned.
In 1629.
Christina
a Protestant Marquesses Daughter in
Poland
, dreamed that Jesus Christ had told her comfortable things for the Protestants, as the good successe of the King of
Sweden
, the death of the Emperors Generall
Walsten
and that it might be the better believed, she should dye four dayes and revive againe, one Minister
Cotuonius
slighted it as a delusion and vaine fancie she told him that God was angry with him, and such a day his only child should dye and himselfe presently after, which both proved true, she likewise fell into a Trance for eight and fourty houres and then revived and foretold victories of the King of
Sweden
, but that God would take him away, because the people began to make a God of him and thought him to be invincible. She dreamed that she was married to Jesus Christ, and that she had a Crown of Glory promised her if she could persevere in the faith, and told her she would be mockt and scoft at by many who would not believe but that such visions proceeded from imagination, melancholly humours or weaknesse of braine, but bad her not be discouraged, shewing her a cup of blood, which he said he would poure upon those that persecute his servants, and that she prayed very earnestly for the salvation of a deer friend of hers who was in armes against the Protestants, but that shee could not prevaile for the salvation of any of her friends, but only for her selfe and that night the same party died, she likewise in her dreame saw two great persons comming to be judged one a Papist who had prayed much to his St.
Francis
and desired to be admitted into Heaven, but Jesus Christ bad him go to Hell to saint
Francis
, whither he was immediatly dragged; and the other was a Protestant who argued for his salvation, because he fought against the Papists and the Ministers assured him of Heaven: Jesus Christ said he will put out his candle in Germany, for it gives a false light, it shines without but it is full of filth and selfe righteousnesse within: she likewise saw a man upon a Tree adored by many; and some Lyons came to the Tree and pluckt it down and an Eagle was flying away, which the Lyons caught and toare in pieces, and asking Jesus Christ the meaning of that vision, he told,
that
the man was that horrid beast the Pope of
Rome
my capitall enemy, not a Pastor, but a Woolfe, that sayes, behold I am set aloft, who dare come to touch me? the Lyons are the
French, English, Sweads, Hollanders, Venetians
, and others that shall pluck down the proud beast, and powre out my wrath upon her and her adherents, and
that
it should begin about 1650. and be compleat by 1666. in her sleep she was heard to say; welcome Husband, and laughed heartily and as shee awaked shee said farewell deere Husband, and she dreamed many thing more which fell out accordingly, being a vertuous child naturally merry
In 1633. she was marryed in
Lesno
in
Poland
, and most of the Ministers in
Germany
have subscribed to it, for they seriously consulted about it, and sent into
Holland
and
Geneva
, for assistance and advise, and the result of the conference (which Mr.
Deodate
shewed me at
Geneva
) came to this; in
Christinaes
dreame, they did believe there was a divine light: for first the young Lady was regenerate, and very zealous for the glory of God, so there was a good life in the person dreaming: Secondly, there was a full perswasion of heart that it was from God, and it would prove true: Thirdly, there was a certitude in the event, the party was not deceived, for it proved so, and it was likewise their judgements, that in a time of generall persecution, or some extraordinary eminent danger, God might and did many times speake comfortable things to his people in dreames, as in the late
Bohemian
warres, many
Calvinists
were admonisht in their dreames to goe to places of security, which they attending were safe from the enemy; as the Angell of the Lord appeared to
Ioseph
in a dreame, and bad him flee with Jesus Christ into
Egypt, Mat.
2.13. and others that neglected such dreames have afterwards repented it.
The Lord keep us all that were made partakers of so great a mercy in an humble believing and thankfull posture, that we may spend the remainder of our new lives in the zeale of his service, as those that having their lives prolonged so extraordinarily are exceedingly obliged more then others to walk answerably to so great a mercy.
FINIS
.
INDVLGENCE AND TOLERATION CONSIDERED: IN A LETTER UNTO A Person of Honour.
London
, Printed in the year 1667.
Sir
,
I Have considered the
Discourses
sent me, published lately about
Indulgence
and
Toleration
. At their first view, I confess I was not a little surprized with their
Number
, as not understanding the reason of their
Multiplication
at this time, nor what it was that had made them
swarm
so unseasonably. Upon their perusal, I quickly perceived a defect in them all, which could no other ways be supplied; whether it be so by this means or no, Impartial Men will judge. The Design seems to have been; That what is wanting in them singly in
Reason
, may joyntly be made up in
Noise
; and their respective defects in
Argument
, be supplied by their communion in
Suffrage
. It will doubtless be the wisdom of those who are concerned in what they oppose, to stand out of their way, at least until the storm is over.
Omnis campis diffugit arator
Omnio
& Agricola,
Dum pluit in terris, ut possint sole reducto
Excercere diem.
Their Reason will be better attended to, when this earnestness hath a little spent it self. For Men who have attained more than perhaps they ever aimed at, at least than they had just reason to expect, have commonly for a while strong desires to secure their possessions, which Time and a due consideration of their Title and Interest, may somewhat calm and allay. In the mean time, because
You expect it
, I shall give you a brief account of my thoughts concerning the Matter treated of by them; and if that do not too long detain me, of the reasonings also which they make use of. Some things I do much commend their
Ingenuity
in; For whereas two things were proposed to them, A Compliance with some by way of
Condescention
, and a Forbearance of others by way of
Moderation
, they equally declare against them both. They will neither
admit
others to them, but upon their own terms to the utmost
Punctilio
; nor bear with any in their
dissent
from them in the least different Observances; but all must be alike pursued by
Law
and
Force
, to their Ruine. Whether this seem not to be the frame of mens spirits, whose
Fortune and Power
(as one of them speaks)
tempts them to an insolency
, sober and dis-interested persons will judge. The minds I confess of
fortunate Men
are for the most part equal unto their Successes; and what
befalls
them, they count their
due
. Nothing else could perswade these men that they alone were to be esteemed
EnglishMen
, and that not onely as unto all Priviledges and Advantages attending that Title; but so far also, as to desire that all who differ from them, should be
exterminated
from their Native Soyl. It were well if we could see more of their endeavours to
merit
so high a favour, more of that usefulness, and advantage which they bring to the Kingdom, that might countenance them in pleading that they
alone ought to be in it
. For my part, I can see little consistency with Christianity, Humanity, or Prudence, in these Resolutions. For certainly if that be
Christian Religion
which we are taught in the Gospel, it inclines men, especially those who are
Teachers of it
, (such as the Authors of these Discourses, at least most of them, seem to be) unto a greater
Condescention
than that expressed, upon the Causes, and for the Ends of its being desired. The request of some for a
Condescention
, seems to be no more, but that the Rulers of the Church would forbear the prescription and imposition of such things on the
Consciences
and
Practise
of men, (for it is vain to pretend that Conscience is not concerned in practise in the worship of God) as there is not one word about, nor any thing inclining, leading, or directing
to wards
, in the
whole Bible
, that were never thought of, mentioned or commanded by Jesus Christ, or his Apostles, or any
Apostolical
Men; that if they had not unhappily fallen upon the minds of some Men to invent, none knows
who
, nor
where
, nor
when
, would have had no concernment in Christian Religion.
They indeed who impose them, say they are
things indifferent
. But the
differences
that have been almost this hundred years about these
things indifferent
, is enough to frighten and discourage unbiass'd men from having any thing to do with them. And what wise man, methinks would not at length be contended, that these
differences
and
indifferent things
may be parted withal together? Besides, they on whom they are imposed, account them not so: They look upon them as
unlawful for them to use
and practise (all circumstances considered) at least most of them do so. And they plead by the important Argument of their Sufferings, that it is meerly on the
account of Conscience
that they do not conform unto them. Others think that it is not so; but I am sure it is possible that it may be so; and if it be so, they cannot use them without endangering the Eternal Ruine of their own Souls; though others may speed otherwise in their observances, who have other thoughts and apprehensions of their Nature and Use. And yet on the other side, if those that
impose
these things, can make it appear with any probability, (I had almost said if they would but pretend) that they were
obliged in Conscience to impose them
, by my consent there should be an end of this strife. But whilst there is this Left-handed Contest,
Real Will
and
Pretended Prudence
, fighting against
Conscience
and
Duty
, it is like to be untoward and troublesome. And for what end is it that some desire that there might be at least some relaxation as to the present
severe Impositions
of some of the things which are thus contended about? They say it is meerly that they might serve God in the Gospel to the
good of others
, without sinning against him, to the ruine of themselves. They speak particularly unto Men who profess it to be their
Calling
, their Work, their Design to promote the blessed ends of the Gospel towards the Souls of Men: They desire of them that they may have leave to come and
help them
in reference unto this end. Nor can it be pretended, That they themselves are sufficient for the Work, and that they have no need of the
Assistance
of others: God and Man know that this cannot be reasonably pleaded.
And this is a business, which certainly by such men as profess themselves to be Guides and Rulers of the Church, can hardly be justified unto him who is the great Lord of it. When the Disciples found some casting out of
Devils in his name
, they rebuked them because they
followed not with them
; a worse and greater
non-conformity
than that which some are now charged withal; and yet the rebuke of others, procured only
one
to themselves. He said well of old, concerning those who contended to promote common good;
agathē d'eris hēde brotoisi
This is a good strife for mortal men
: So is that which is for promoting of the good of the souls of men by the preaching of the Gospel; and shall it be forbid for such things,
Quæ dicere Nolo
, of so little importance are they in this matter, which hath an influence into Eternity. What is answered unto this
request
? Stories are told of things past and gone;
scattered
interests,
dissolved
intrigues, buried miscarriages, such as never can have any
aspect
on the present posture of Affairs, and minds of men in this Nation, are gathered together, and
raked
out of their graves, to compose
Mormoes
for the affrightment of men from a regard to the ways of peace and
moderation
: This they enlarge upon with much
Rhetorick
, and some
little Sophistry
; Like him of old, of whom it was said, that being charged with other things,
Crimina rasis
Librat in antithetis; doctas posuisse figuras
Laudatur
Many inconveniencies are pretended, as like to ensue upon such a condescention: but in the mean time
men die
, and some it may be
perish
for want of that help and instruction in the things of Eternity, which there are many ready to give them, whilst it is altogether uncertain, whether any one of the pretended inconveniencies will ensue or no: I fear whilst men are so engaged in their thoughts about what is good and convenient for them at the
present
, they do scarce sufficiently ponder, what account of their actions they must make
hereafter
.
But neither is this all that these Authors contend for: Men are not only denied by them an
admission into their Societies
to preach the Gospel, unless it be on such terms as they cannot in conscience admit of, and which others are no way obliged in conscience to
impose
upon them; but all
forbearance
of, or
indulgence
unto them who cannot
conform
unto the
present establishment
, is decried, and pleaded against: What though men are
peaceable
, and
useful
in the Common-wealth? What though they are every way
sound in the Faith
, and cordialy imbrace all the doctrine taught formerly in the
Church of England
? What though those in this condition are
many
, and such as in whose peace and industry, the welfare of the Nation is exceedingly concerned? What if they offer to be
instructed
by any who will take that work upon them, in the things about which their differences are? What if they plead
conscience
towards God, and that alone, in their dissent; it being evidently against their whole
temporal interest
? What if they have given evidence of their readiness in the ways of Christ and the Gospel, to oppose
every errour
that is either
pernicious
to the souls of men, or any way of an evil aspect to
publique peace
and tranquility? All is one, they are neither severally, nor joyntly, no one of them, nor all of them, in the judgment of these
Gentlemen
, to be forborn, or to have any Indulgence exercised toward them; but Laws are to be made and put in execution against them to their ruine; extirpation and
destruction
. It may be it will be said, that these things are
unduly imposed
on them, seeing they press for a prosecution of men by Laws and rigour, not for
dissenting
from what is established, or not practising what is prescribed in the
publick Worship
of God, but for practising what is of their
own choice
therein, in Meetings and Assemblies of their own; otherwise they may
keep their consciences unto themselves
without molestation.
But it doth not appear, that this can be justly pleaded in their defence: For as the Prohibition of men under severe and distructive penalties, from that exercise of the worship of God, which is suitable to their light, and which they are convinced that he requires of them, so that in nothing it
interfere
with the
fundamentals
of Christian Religion, or publick tranquility, is as destitute of all Foundation in Scripture and Reason at
all times
, and as things may be circumstantiated in Prudence or Policy; as the inforcing of them to a
practical
compliance with any
mode
or way of Worship against their Light and conscience; so the practice in this
latter case
hath been more
severe
amongst us, than in the
former
. For a Testimony hereof, we have those great Multitudes which at this day are
Excommunicated
by the
Courts Ecclesiastical
, meerly for their not attending the publique Assemblies of the Nation in their Administrations: And as they are by this means, as things now stand, cast, as they say, into the condition of men
out-Lawed
and deprived of all priviledges of their birth-right as
English-men
(of which sort there are forty times more, than have been proceeded against unto the same issue in all his Majesties Courts of Justice in
England
for many years) so in the pursuite of that sentence, many are
cast into prisons
, where they lye perishing (sundry being dead in that state already) whilst their
families
are starved or reduced to the utmost extremity of poverty, for want of those supplies which their industry formerly furnished them with all: And what influence this will have into the state of this Nation; time will manifest, if men are not as yet at leasure to consider. The
hands
that by this means are taken off from labour, the
stocks
from imployment, the
minds
from contrivances of industry in their own concerns, the poverty that is brought on Families, in all which the common good hath no small Interest, are not I fear sufficiently considered by persons whose fullness and plenty either diverts their thoughts from taking notice of them, or keeps off any impressions on their minds and judgments from what is represented concerning them. Others begin to feel the evil, whose
morning
they saw not, gathering up towards them, in the
decay
of their Revenues, and intanglements of their Estates, which without timely remedy, will increase upon them, untill the
breach
grow too great for an ordinary healing.
And I am perswaded that none who have been active in these proceedings, will take upon themselves the trouble of confirming this kind of
Church Discipline
out of the Scriptures, or Examples of the Primitive Churches, for some hundreds of years.
This therefore, is that which by these men is pleaded for; namely that all the
Protestants in England
who
so
dissent from the established Forms and Modes of Worship, as either to
ab sent
themselves from their Observances, or to attend unto any other way of Worship, which being suitable to the Principles of that Religion which they profess, (namely
Protestantism
) they are perswaded is according to the Mind of God, and which He requires of Them, be proceeded against, not onely with
Ecclesiastical Censures
, but also with
Outward, Pecuniary
, and
Corporal Punishments
, to the depriving of Them in the progress, of Their whole Liberty, Freedom, and Benefit of the Laws of the Land, and in some Cases unto Death it self; and that no
Dispensation
or
Relaxation
of this severity, be countenanced or granted. And herein I confess, whatever Pretences be used, whatever Fears and Jealousies of Events upon a contrary Course, or the granting of an
Indulgence
be pleaded, I am not of their Minds; nor do I think that any countenance can be given to this
severe Principle
and Opinion, either from the Scriptures of the Old or New Testament, or from the Example of any who ever endeavoured a Conformity unto the Rules of them. This is the state of the Controversie, as by these Authors formed and handled; nor may any thing else be pretended, when such Multitudes are ready to give Evidence unto it, by what they have suffered and undergone. Do but open the Prisons for the relief of those Peaceable, Honest, Industrious, Diligent Men, who some of them have lain
several
Years in
Durance
, meerly in the pursuit of
Excommunication
, and there will be Testimony enough given to this state of the Controversie.
This being so, pray give me leave to present you with my
hasty Thoughts
, both as to the Reasonableness, Conscience, and Principles of pursuing that Course of Severity towards Dissenters, which I find so many
Concerned Persons
to plead for: And also of the
way
of their Arguings and Pleas.
And first as unto
Reason
and
Conscience
, I think Men had need look well unto the Grounds of their Actings, in things wherein they proceed against the
Common Consent
of Mankind, expressed in all instances of the like occasion, that have occurred in the World; which is as great an Evidence of the Light and Law of Nature, as any can be obtained. For what all Men generally consent in, is from the common Nature of all. We are not indeed much concerned to inquire after the
practise of the Heathen
in this matter, because as the Apostle testifies, their Idolatrous
Confusion
in Religion
was directly and manifestly against the Light of Nature; and where the foundation was laid in a transgression of that Law, it is no wonder if the proceeding
upon
it be so also. There was a Law amongst the
Romans
, reported by the Orator to be one of those of the
Twelve Tables
, forbidding any to have
private Gods
of their own: But this regarded the
Gods themselves
, the Object of their Worship, and not
the Way of
Worshipping
them
, which was peculiar and separate to many Families and Tribes amongst them, and so observed. Scarce any Family or Tribe of note, that had not its special and separate
Sacra
. Besides, they seemed to have little need of any
new Authorized Gods
, seeing as
Varro
observed, they had of them they owned, no less than thirty thousand. And I have often thought that Law was imposed on them by the craft and projection of
Satan
, to keep them off from the knowledge of the true God: For notwithstanding this Law, they admitted into their
Superstition
all sorts of Idols even the folly of
Egyptians
themselves, as having Temples in
Rome
unto
Isis
and
Serapis
Onely this Law was pleaded to keep off the knowledge of the true God,
Act.
18.13. And of him they had the highest contempt, calling the place of his Worship, the Land
Dei incerti
. And the Custome among the
Athenians
not to admit any strange
Objects of Worship
, any Unwarranted Devotion, was never made use of, but to oppose the
Gospel
, unless it were when they destroyed the
Wisest and Best Man that ever the City bred
, for giving some intimation of the true God, and not consenting with the
City
in Opinion about their
Established Devotions
: Other
use
of these Laws there was none. It is true, when any
Sacra
or
Superstitious Observances
were actually used to induce Men and Women to Sin and Wickedness, contrary to the Light of Nature, the very Being of Civil Societies, the
Romans
severely animadverted upon them: Otherwise this Law was not made use of,
but
onely against the
Jews
first, and the
Christians
afterwards; whereby it was consecrated to the use of Idolatry, and rendred unmeet for the Churches Service or Reception.
The
Jews
were those who were first intrusted with the Truth of Religion and the Worship of God. And it is known what was their
Law
, their
Custom
, their
Practice
in this
Matter
. Whoever would dwell amongst them, if they owned their
Fundamentals
, they afforded them the Blessing and Peace of the Land. All that they required of such Persons, was but the Observation of the
Seven Noachical Precepts
, containing the Principles of the Light of Nature, as to the
Worship of one God
, and Moral Honesty amongst Men; whoever would live amongst them of the
Gentiles
, and took upon themselves the observation of these
Fundamentals
, although they subjected themselves to no
instituted Ordinances
, they called
Proselytes of the Gate
, and gave them all Liberty and Peace. And in those who submitted unto the Law of
Moses
, who knows not what different Sects and Opinions, and
Modes of Worship
there were amongst them, which they never once supposed that they had any Rule to proceed against by external Force and Coercion.
The Case is yet more evidently expressed in the Judgement and Actings of the first Christians. It will be utterly superfluous to shew how that for three hundred years, there was not any amongst them who entertained thoughts of
Outward Force
against those who differed from the
Most
, in the things of Christian Religion. It hath been done I perceive of late by others. And yet in that space of time, with that Principle, the Power of Religion subdued the World, and brake the force of that
Law
whereby the
Romans
through the Instigation of Satan, endeavoured with Force and Cruelty to suppress it. When the
Empire
became
Christian
, the same Principle bare sway. For though there were mutual Violences offered by those who differed in great and weighty Fundamental Truths, as the
Homousians
and
Arians
; As to those who agreeing in the important Doctrines of
the Gospel
, took upon
themselves
a peculiar and separate way of
Worship and Discipline
of their own, whereby they were
exempt
from the common Course and Discipline of the
Church, then in use
, never any
thoughts
entered into men, to give unto
them
the least disturbance. The Kingdom of
Ægypt
alone had
at the same time
above
forty thousand Persons
, Men and Women, living in
their private and separate Way of Worship
, without the least controul from the Governours of Church or State; yea, with their Approbation and incouragement.
So was it all the World over, not to mention the many different Observances that were in and amongst
the Churches themselves
, which occasioned not
Division
, much less
Persecution
of one another. And so prevalent is this Principle, that notwithstanding all their Design for a forcing unto an
Uniformity
, as their peculiar Interest, yet it hath taken place in the Church of
Rome
it self, and doth so to this day. It is known to all, that there is no Nation wherein that Religion is inthroned, but that there are thousands in it that are allowed their particular ways of Worship, and are exempt from the common ordinary Jurisdiction of the Church.
It seems therefore, that we are some of the first who ever any where in the World, from the Foundation of it, thought of ruining and destroying Persons of the
SAME RELIGION
with our selves, meerly upon the choice of some
Peculiar Ways of
Worship
in that Religion. And it's but reasonable, as was observed, for men to look well to the grounds of what they do, when they act contrary to the Principles of the Law of Nature, exprest in so many Instances by the consent of Mankind. And I fear all men do not aright consider, what a secret Influence into the Enervating of
Political Societies
such Intrenchments on the Principles of Natural Light, will assuredly have. For those things which spring up in the Minds of Men without Arguing or Consideration from without, will insensibly prevail in them against all Law and Constitution to the Contrary. It is in vain to turn Nature out of doors, it will return. And whence shall we learn what Nature inclines unto, unless from the common practise of Mankind in all Instances, where an evident demonstration may not be given, of the prevalent influence of the interest of some Men unto the contrary? Which is,
Pessimus Diuturnitatis custos
.
It will not always prevail, nor ever any time without great
regret
and commotion in the minds of Men, who have no concern in that Interest.
Consider also the thing it self, of
Forcing the Consciences of Men
, in manner before expressed; and you will find it so
uncouth
; as I am perswaded you will not know well what to make of it.
Learned Divines
tell us,
That Conscience is the Judgement that a man maketh of Himself and his Actions, with reference to the future Judgement of God
; or to that purpose. Now let others do what they will, Conscience will still make this Judgment, nor can it do otherwise. Whatever Men can alter in the Outward Actings of Mens Lives, they can alter Nothing in the Inward Constitution of the Nature given it by God in its Creation, which refers to its Future End. How can this be forced?
It is said therefore,
Let Men take this liberty unto themselves: Who forbids them to judge of Themselves and of their Actions, what they please? None goes about to take this Liberty from them
.
But is this all?
Conscience
doth not judge of Men and their Actions, but with respect unto what in the Name of God it requires them to
be
, and to
do
. It first requires several things of them in the Name of God, and then
judges
upon their performance, with reference unto the Judgement of God: And this is the soveraign Dictate of it,
Worship God according to that Light and Understanding which you have, of what is that Worship which is acceptable with Him, in matter and manner, and no otherwise
. If this Command be not obeyed,
Conscience
will
judge
with reference unto the Judgement to come. Let
Conscience
then have its Liberty for this Work, and this Difference is at an end.
But it will be said, If Conscience must be free as to it
first Act
of Directing and Commanding, as well as unto its Self-Judging, it may lead men to all Abominations, Wickedness, Murthers, Sedition and Filthiness; and so a Liberty unto them also must be granted. So I have heard men speak, but I have wondered also that any man that hath a
Conscience of his own
, or knows what Conscience is, should give entertainment to so fond an Immagination: I would ask any man whether ever he found any such direction in his own Conscience, or any Inclination that way? Nay, if he have not constantly found a severe Interdiction given in by his Conscience against all such things? And how can he then conceive it possible that the Conscience of any man should be of such a Make, and Constitution; seeing naturally it is absolutely the same in all. Besides, as was said, It is a mans judgment of himself in reference to the future Judgment of God. And this Intimation supposeth, that a man may judge that God at the Last day will approve of
Adultery
, Murders, Seditions and the like Evils! Which is to suppose all common inbred Notions of God to be blotted out of the mind: Nay it is utterly impossible, as implying a
contradiction
, that any man should consider
God as a Judge
, as Conscience doth always, and suppose his Approbation of the Evils specified, or of any of the like nature and importance: But men will yet say that Conscience hath been pretended for these things. I answer,
never
by any in their witts. And what any brain-sick, or
Enthusiastick
Person may say or doe in his
Paroxisms
, is not to have any place in considerations of what becomes a guidance of the Actions of Man-kind one towards another. It is true; that some things as they have been Circumstantiated, have been debated, even in Conscience, whether they have been Lawful or no; that is whether God would approve of them, or condemn them at the last day. But what is evil in its self, and against the light of Nature, there is no direction unto it, no approbation of it from Conscience in the least. To take away this
Liberty of Conscience
in things of its proper
Cognizance
and Duty, seems to me, to be as much as to say, men shall not judge themselves with referrence to the Judgment of God to come; which is to put Gods great Vicegerent out of his place and Throne.
Let us now apply this notion of Conscience unto the present occasion. There is prescribed a way of Divine Worship, with Ceremonies, Forms of Prayer, and Orders for the Administration of Sacraments, all things that concern the Joynt and Publique Worship of God. What is the Work or Duty of Conscience in reference hereunto? Is it not, in the first place, to apply the Mind and Understanding to consider of what sort it is, in referrence unto the future Judgment of God? This cannot be denied; the first Actings of a man who makes any Conscience of what he does, must be of this sort. If then it apprehend it to be such as God will approve of the Practice, and Observation of it at the last Day, Conscience is satisfied, and reflects no
self-Condemning
thoughts upon its Observance. But suppose a man doth not understand it so to be; he cannot conceive it to be appointed so by Christ, nor that any men have Warrant, Authority, or Commission to impose on the practice of others what is not so appointed by him. How shall he do to be otherwise minded? Can he
force
himself to
assent
unto that, whereunto in truth he doth not assent? Is it in his power so to do: Ask any man who hath an
Understanding
, whether he can apply it to what he will; that is to
assent
, or not
assent
unto what is proposed unto him: All men will assuredly say, that their
assent
necessarily followeth the
evidence
that they have of the truth of any thing, and that otherwise it is not to be obtained. The Mind despiseth all violence, or coaction from the Will: Yea, it implys
a Contradiction
that a man should cause himself to
assent
unto that unto which he doth not assent. Can then other men compell this assent? It is so far otherwise that God himself will not; yea, be it
spoken
with reverence of his Holiness, cannot force such an assent, seeing it implies a Contradiction; Namely, that a man should
assent
and
not assent
to the same Proposition at the same time: Neither can a man himself force himself, neither can all the men in the World force him, to understand more than he doth understand, or can do so. Men do not seem to have exercised many reflect Acts of Consideration on themselves, who suppose that any can command their Understandings to apprehend what they please, or to assent unto things at their will. These things follow Conviction and Evidence; and so God himself procures the
Assent of Men
unto what he revealeth; and otherwise the Understanding is absolutly free from all imposition.
If a man then cannot understand these things to be approved of God, and accepted with him; suppose they are so, yet if a man cannot apprehend them so to be, what is the next work that
Conscience
will apply it self unto? Is it not to declare in the Soul, that if it practise these things, God will judge it the Last Day, and pronounce Sentence against him? For Conscience, as was said, is a Mans Judgement of Himself and his Moral Actions, with respect unto the future Judgement of God. And I am perswaded that this is the condition of Thousands, in reference to the present Impositions. Their Apprehensions and Judgements of themselves in this Matter, are to them unavoidable and insuperable. It is not in their power to think otherwise than they do, nor to judge otherwise of themselves in reference unto
the
practise of the things imposed on them, than they do. Neither can all the men in the World force them to think or judge otherwise. If ever Light, and Evidence unto their Conviction of
the
Contrary, is imparted to them, or do befall them, they will think and judge according to it; in the mean time, they crave that they may not be forced to act against their Light and Consciences, and so unavoidably cast themselves into destruction. All then that some desire of others, is, That they would but give them leave to endeavour to please God; seeing they know it is a fearful thing to fall into his Hands as an Avenger of Sin. God deals not thus with Men; for although He requires them to believe whatever He reveals, and proposes as an object of Faith, and to obey whatever He commands, yet he gives them
sufficient evidence
for the one, and Warranty of his Authority in the other; and himself alone is JUDGE of what Evidence is so sufficient. But men can do neither of these: They can neither give Evidence to their Propositions, nor Warrant to their Authority in their Impositions in Spiritual things, and yet they exact more than doth God himself: But so it is, when once his Throne is invaded, his Holiness, Wisdom, and Clemency are not proposed to be imitated, but a fond abuse of Soveraignity alone, is aimed at.
To impose Penalties then inforcing men to a Compliance and
Acting
in the Worship of God, contrary unto what they are
Convinced in their Consciences
to be his Mind and Will, is to endeavour the inforcing of them to reject all respects unto the future Judgments of God; which as it is the highest wickedness in them to do, so hath not God
Authorized
any of the Sons of men, by any means to endeavour their Compulsion unto it. For the former of these,
that men may Act in the things of God, contrary unto what they are perswaded he requires of them
; I suppose none will ever attempt to perswade themselves or others. Atheisme will be the end of such an Endeavour.
The
sole Question
is, Whether God hath Authorized, and doth warrant any man, of what sort soever, to compell others to Worship and serve him, contrary to the way and manner that they are in their Consciences perswaded that he doth accept and approve. God indeed where men are in
Errours
and
Mistakes
about his Will and Worship would have them taught, and Instructed, and sendeth out his own Light and Truth to guide them, as seemeth good
unto
him.
But to affirm that he hath Authorized men to proceed in the way before mentioned, is to say, that he hath set up an Authority
against himself
, and that which may give controule to His.
These things being so, seeing Men are bound Indispensably not to Worship God so as they are convinced and perswaded, that he will not be Worshiped; and to Worship him as he hath Appointed and Commanded, upon the Penalty of Answering their Neglect and Contempt hereof with their everlasting Condition at the last day; And seeing God hath not Warranted or Authorized any man to
inforce
them to
Act contrary to their Light
, and that perswasion of his Mind and Will which he hath given them in their own Consciences; nor to
punish
them for yeilding Obedience in
Spiritual things
unto the Command of God as his mind is by them apprehended, if the things themselves, though mistaken, are such as no way interfere with the common Light of Nature or Reason of Man-kind, the Fundamental Articles of Christian Religion, Moral Honesty, Civil Society, and Publike Tranquility: especially if in the things wherein men acting, as is supposed, according to their own Light and Conscience in difference from others, are of small Importance, and such as they probably plead are unduly and ungroundedly imposed on their Practice, or Prohibited unto them, it remains to be considered whether the grounds and ends proposed in Exercise of the Severity pleaded for, be agreeable to common Rules of Prudence, or the state and condition of things in this Nation.
The ground which men proceed upon in their resolutions for Severity, seemes to be, That the
Church
and
Common-Wealth
may stand upon the same
Bottome
and
Foundation
; that their Interest may be every way the same, of the same
breadth
and
length
, and to be mutually
narrowed
or
widened
by each other.
The
Interest of the Kingdome
they would have to stand upon the
Bottome of Uniformity
: So that the Government of it should, as to the beneficial ends of Government, comprehend them only, whom the Church compriseth in its
Uniformity
; and so the Kingdoms Peace, should be extended only unto them, unto whom the Churches Peace is extended. Thus they say, that the
Kingdom and the Church
, or its present Order and Establishment, are to be like
Hypocrates
Twins
, not only to be Born together, and to Die together, but to cry and laugh together, and to be equally affected with their mutual Concerns: But these things are evident mistakes in Policy, and such as Multiplied
Experience
have evidenced so to be. The Comparison of
Monarchie
or the Fundamental Constitution of the Policy and Government of this Nation, with the present Church-Order, and State, Established on a Right,
mutable
and changeable Laws; And which have received many alterations, and may at any time when it seems good to the King and Parliament receive more; is expressive of a
Principle
of so evil an Aspect towards the
solid Foundation
of the Policy of this Nation, as undoubtedly those who are principally concerned in it, are obliged not to admit an avowance of. For whereas it is not the
Gospel
in general, nor Christian Religion, or Religion considered as it best corresponds with the Gospel, or the mind of Christ therein, but the
present Church-Order, Rule
and Policy, that is intended, all men know that it is Founded in, and stands solely amongst us, on such Laws, as is usual with Parliaments to Enact in one Session; and to repeale in another, or at least to Enact in one Age, and to repeale in another, according as use and Experience manifests them to be conducing, or obstructing
unto
Publick Good. And whereas the constitution of the
Civil Government
of the Nation, is built upon no such
Alterable or
Changeable
Laws
, but hath quite another Foundation, Obnoxious to Nothing, but to the All-over. Ruling providence of the most High, it is a great shaking and weakning unto its
Fixation
and Interest in the minds of Men, to have it compared with things every day alterable at pleasure. And the attempt to Plant the
Kingdomes Peace
, on the Foundation of the
Churches Uniformity
, which may on a thousand occasions wherein the Peace of the Kingdom of it self is not in the least concerned, be narrowed unto a Scantling wholy unproportionate unto such a Superstruction, is without doubt as great a mistake in Government as any persons can fall into. All the World knows, how full at this day it is of
various
Opinions, and Practises in things concerning Religion; and how unsuccessful the Attempts of all sorts have been for their Extinguishment. It is no less known, as hath in part already been discoursed, how unavoidable unto Men, considering the various
Alotments
of their Condition in Divine Providence, their different Apprehensions and Perswasions about these things are. He therefore that will build the Interest of a Nation, on an Uniformity of
Sentiment
and Practices in these things, had need well fix this
floating Delos
, if he intend not to have his Government continually tossed up and down.
The true Civil Interest of this Nation, in the
Policy, Government
, and
Laws
thereof, with the
Benefits
and
Advantages
of them, and the
Obedience
that is due unto them,
Every English-Man is born unto
; he falls into it from the Womb; it grows up with him; he is
indispensably
engaged into it, and holds all his temporal Concernments by it: He is able also by
Natural Reason
to understand it, so far as in point of Duty he is concerned, and is not at liberty to dissent from the Community. But as for Religion, it is the Choice of Men; and he that chuseth not his Religion, hath none: For although it is not of necessity, that a Man
formally
chooses a Religion, or
one way in Religion
in an opposition unto, and with the
rejection of another
; yet it is so that he so chooses in opposition to no
Religion
, and with Judgement about it, and approbation of that which he doth embrace, which hath the nature of a voluntary choice.
This being the Liberty, this the Duty of every Man, which is, always hath been, and probably always will be issued in great variety of Perswasions, and different Apprehensions, to confine the
Peace
and Interest of Civil Societies unto any one of them, seems scarce suitable unto that Prudence which is requisite for the steerage of the present state of things in the VVorld. For my part, I can see no reason the
Civil State
hath to expose its Peace unto all those Uncertain Events which this Principle will lead unto. And it seems very strange, and I am perswaded that on due Consideration it will seem strange that any should continue in desire of confining the bottom of the Nations Interest in its Rule and Peace, unto that
Uniformity in Religion
, which as to a firm Foundation in the
Minds
and
Consciences
of
Men
, hath discovered it self to be no more diffused amongst the Body of the People, than at present it is, and from which such Multitudes do, upon grounds to themselves unconquerable, dissent; resolving to continue so doing, whatever they suffer for it; who yet otherwise unanimously acquiesce in the
Civil Government
, and are willing to contribute to the utmost of their Endeavours, in their several places, unto its Peace and Prosperity.
Whatever therefore be the Resolution as to a present
procedure
, I heartily wish that the
Principle
it self might for the future be cast out of the Minds of Men; that the State and Rule of the Nation, might not by plausible and specious pretences, suited to the interest of some few Men; be rendred obnoxious unto impression from the variety of Opinions about things Religious, which as far as I see, is like to be continued in the VVorld.
Especially ought this consideration, if I mistake not, be applied unto those Differences about which alone this Discourse is intended; namely, those which are amongst men of the same Religion in all the
Substantials
of it, and which having been of long continuance deduced from one Age to another, are greatly diffused, and deeply rooted in the Minds of Men; being such also, as no countenance can be given to act severely towards them, from any thing in the Scriptures, or practise of the first Churches in the VVorld.
And I hope it will never more amongst sober and dis-engaged persons be said or thought, that the Interest of
England
, or of its Rule and Government, is in any thing confined unto a precise determination of the Differences in the Minds and Consciences of Men, so that those who are of one Mind in them, and would impose the Apprehension and Practise of their Perswasion upon others, should be alone comprehended therein.
But let the
Ground
of this Severity in proceeding against Dissenters be never so weak or infirm, yet if the
End
proposed in it be accomplished, the Counsel will appear at last to have been
adviseable
. What then is the end of these things, of this
Severity
so earnestly pressed after, to be engaged into? Suppose the best
appearing Success
that in this case can be supposed, and all that seems to be desired; namely that by
External Force
and Compulsion, Men be brought unto an
Outward Conformity
in, and unto the things that are imposed on them. This is the utmost of what seems to be desired or aimed at. For no man surely is so vain as to imagine that
Compulsion
and
Penalties
are a means suited to perswade or convince the Minds of Men. Nay, Commonly it is known, that they have a contrary effect, and do exceedingly confirm men in their own perswasions, and into an alienation from the things they are compelled unto.
Suppose then this
End
to be obtained: Is there better Peace or Establishment assured to the present Church-Order thereby, than what it may enjoy whilst Men have their
Liberty
to profess their dissent? Both Reason and Experience do testifie the contrary.
Nor will the Church find any more
dangerous Opponents
, upon any emergent occasion, than those who have been
compelled
to
Uniformity
against their Conviction. For bearing their
Condition
always as their
Burthen
, they will not be wanting unto an opportunity to ease themselves of it.
And it may be sundry Persons now vested with
Ecclesiastical Power
, if they would recollect their former Thoughts and
Expressions
, might remember that they both conceived and declared their mind to this purpose; that
former Severities
in the like kind, were unduly and
disadvantagiously
pursued against that strong inclination in so many unto an Indulgence, and Freedom from their Impositions, which surely they cannot think to be now
lessened
or weakned.
But present Power is apt to change the minds of Men, and make them neither remember what were their former apprehensions, nor foresee what
would
be their thoughts upon a disappointment in their present Undertakings.
But neither yet can this rationally be supposed; nor is it probable in the least, that the outward Conformity intended, will ever be obtained by Rigor; especially where the reasons of it are so remote from influencing the Consciences of Men. For whatever Arguments may be used for a Restraint to be put upon
Conscience
, in things concerning
Faith
and the Worship of God, which must be taken from the nature of the things themselves, are utterly superseded and made useless, by the nature of the Differences that are in contest between the Imposers, and those that deprecate their Impositions. For as very little hath been done, especially of late, to prove the
Lawfulness
of the things imposed, nothing at all to assert their
Necessity
; so the nature of the things themselves, about which the difference is; quite casts them out of the compass and reach of those Arguments which are pleaded in the case of Coercion and Penalties in the things of Religion or the Worship of God. For if men should be able to prove that
Heresies
and
Idolatries
are to be
punished
in the Persons of them that do assert them: no Conclusion will or can be thence made, as I suppose, for their Punishment and Ruine, who by the Confession of them that would punish them, are neither
Hereticks
nor
Idolaters
.
Force must stand alone in this case; and what small Influence it is like to have on the practices of Men, when it hath no pretence of Reason nor Judgment, wherein
Conscience
is concerned to give its countenance, is not uneasie to determine. Nay
experience
hath sufficiently in most places baffled this attempt: Violence hath been used in matters of Religion to the shame and stain of Christianity; and yet never succeeded any where, to Extinguish that perswasion and Opinion which it was designed to
extirpate
.
It may be; for a while indeed, and sometimes it may obtain such
succese
, as to seem
to
have effected the end amed at. But still within a short space, mostly in the compass of the same Age, it hath been manifest, that it hath but laid in Provision for future troubles, Oppositions, and Animosities.
Let the
Prelates
, or
Rulers
therefore of the Church advise, press unto, and exercise this Severity whilst they please; They may as evidently see the Issue of it, as if it were already accomplished. Some may be ruined, Multitudes provoked, the Trade of the Nation obstructed, some few be inforced unto an
Hypocritical
compliance with what is against the Light of their Consciences, compassion be stirred up in the residue of the People for innocent Sufferers, and by all Indignation against themselves and their ways encreased; considering
what are
the things about which these differences are, How
deeply
rooted a dissent from the present Establishment is in the minds of Multitudes: For
how long
a season that perswasion hath been delivered down unto them, even ever since the first Reformation, gradualy encreasing in its Sufferage to this day, the Advantages that it hath had for its Growth and Im provement, with
successes
evidently suitable unto them, and resolution that mens Spirits are raised unto, to suffer and forgo the utmost of their earthly concernments, rather than to live and die in an open Rebellion to the commanding light of God in their Consciences: It is the utmost vanity to have other Expectations of the
end
of such a course of Rigor and Prosecution.
In the mean time, I am sure whoever gets by Persecution, the
King
looseth by it.
For what if some Officers of
Ecclesiastical Courts
have been inriched by the
booty
they have got from Dissenters? What advantage is it all this while to the
Kingdom
? when so many Families are Impoverished, so many ruined, as are by
Excommunications
and Imprisonments ensuing thereon, so many more discouraged from the exercise of their Faculties, or improvment of their Stocks, so many driven beyond the Seas; and yet all this nothing, unto what in the same kind, must and will ensue, if the course sometimes begun should be pursued. To me it seems that an
attempt
for the pretended Conformity, (for attained it will never be) is scarce a due Compensation for his
Majesties
loss in the diminishing of his
Subiects
and their Wealth, wherewith it is and will be certainly attended: Besides! to ruine men in all their
Substantials
of Body and Life, for
Ceremonies
, and those our own Country-men and Neighbours, seems to carry with it somewhat of that
severity
which
English-men
after the subsiding of the impetuous Impressions of Provocations, do naturally abhor, and will not long by any means give Countenance unto.
On the Consideration of these things, and other doubtless of more deep Investigation, his Majesty hath often declared, not only his
Resolution
to grant the
Indulgence
Intimated in his Gracious Declaration to that purpose, but also the exceeding Suitableness of those Intentions unto his own Inclination and Clemency. The Advantages which have already ensued unto the Nation, in the Expectation of
Indulgence
have been also remembred, and repeated by him with an uncontrouleable Manifestation of its conducibleness for the future, unto the Peace and Prosperity of the Kingdom.
And it seems very strange, that so Noble and Royal Dispositions, such Thoughts and Counsels of Wisdom and Authority, such Projections of Care and Solicitude for the Kingdoms Good, should be all Sacrificed to the Interest of any one Party of Men whatsoever.
I cannot but hope, that
His Majesty
will re-assume those blessed
Counsels of Peace
: Especially considering that the Spirits of Men are singularly disposed to receive and put a due Valuation upon the Execution of them. For all those who desiring
an Indulgence
, though differing amongst themselves in some things, do joyntly cast their Expectations and Desires into a dependance on His
MAJESTY
, with Advice of His
PARLIAMENT
.
And as notwithstanding their
Mutual Differences
, they are united in this Expectation, so may they be made Partakers of it: Although in other things their Differences continue, they cannot but agree in Loyalty and
Gratitude
: When
the Denyal of it unto them
, although they still differ
in other things
, will reconcile their Mindes in
regret
against the
Impositions they Joyntly undergo
.
And, whereas men have by the Fears, Dangers, and Sufferings which they have passed through, evidenced to all the World, that the
Liberty
and
Freedome
of their Consciences is of more consideration with them, than all other things whatever; and have learned themselves also how to esteem and value that
Liberty
, without which they are sensible how miserable their Condition is, and is like to be, it is impossible that any stronger Obligation unto Peaceableness Loyalty, and Thankfulness, can be put upon the
Subiects
of any Nation, then a Grant of the Indulgence desired would put upon Multitudes in this. This would set their minds at Liberty
from
Fears and Contrivances for the Avoidance of Impendent Dangers; incourage them to engage the utmost of their Endeavours and Abilities in the businesses of Peace and Security, leaving them no Fears, but only of any Disturbance of the state of things, which hath secured unto them all their principal Interests in the World.
And how foolish, senceless, and
unbecoming of Men
, would any other Thoughts be? To think,
That Men who have given this Evidence at least, That they are such as exercise
A Good Conscience
towards God and Others, in that they have suffered for it, and are ready yet farther so to do, should not despise and contemn all suggestions of unpeaceable Dispositions, or should suppose that
they
have any Community of Interest with such as being not concerned in Conscience with them; at least not so far as to evidence it to be their Chief and Principal Interest, as theirs it is; or to have any Inclination to the Disturbance of the Publique Tranquility, wherein all their Desires and Aims are secured
; Is to judge by such Imaginations of Folly, Madness and Wickedness, as Those who use these Pretences, would be loth to be judged by; although They have not given that Testimony of Their Respects unto
Conscience
, which the
Others
have done.
And hereby, whereas the Parliament have been necessitated through the Exigence of the publique Affairs, to engage the Nation in payments not passed through without difficulty, they will, as was said, put a real and effectual Obligation upon great multitudes of Men, without the least semblance of Disadvantage unto any others.
Neither is this a matter of any
Expence
, but only of
Generous Clemency
in themselves, and the deposition of Wrath, Envy, and Revenge in some few others; things that may be parted withal, without the least detriment unto humane Society. And, as it is in the Matter alone of
Indulgence
, and
Conscience
, wherein the People are capable of a sensible Obligation, others not concerned therein, being apt to think that all which is done for them, is but their due, and less sometimes then is so; those Partakers of it, by an avowment of the favour received, will be in their own minds indispensably bound to promote the common Interest of Publique Good.
It is true indeed, that the
Parliament
have thought meet some years past, to direct unto another course of Proceedure: But
Dies Diem Docet
.
And wise men are never wont pertinaciously to adhere unto the pursuite of
Conjectures
and
Projections
about
future Events
; Such as former Laws were Suited unto, against Experience, and those
second Thoughts
which a new consideration of things may suggest unto them: Besides the alterations of Affairs in many
concernments
, may fully justifie the alteration in Resolutions pleaded for; which is not such neither, as to be
contradictory
unto any thing already Established, but what may be brought into Compliance with it, and Subordination to it: They may say of what is past, as was by one said of old:
Res duræ & regni Novitas me talia cogunt
.
The present Assurance of publique Peace and Tranquility, admitts of Counsels impartially tending to the Good of all, uninfluenced by a mixture of Fears and Jealousies.
But suppose the
Peace
and
Prosperity
of the Nation to be much
Secured
and
Advantaged
by an
Indulgence
, as undoubtedly under the Protection and Blessing of God, it will be; yet I have heard some say, and it is commonly pleaded, That the
Church will not be able to keep its Station
, or to retain
its
Members in compliance; but they will many, if not most of them, make use of the Liberty desired; especially if it be for and unto
Protestants
, which must be prevented. Now this I confess seems strange to me, that any such
events
should be feared or expected.
Those who make this Objection, Suppose the
Church
to be really possessed of
Truth and Order
in the matters that are in difference; They express every day not only the great Sence they have of the
Learning
, Ability and Piety of the Clergy, but are ready also on all occasions, to contemn their Adversaries, as men Unlearned, Weak, and Inconsiderate. It is also granted that all outward Priviledges, Incouragements, Advantages, Promotions, Preferments, Dignities, Publick Conveniencies, Legal Maintainance, are still to be confined unto the Church, and its
Conformists
; as also that those who desire the benefit of
Indulgence
, must together with an Exemption from all these, pay all Dues required by the Law to them; and if they will joyn themselves unto others, besides a Deprivation of the great conveniencies of their usual places of Assemblies, and their Legal Interest in them, and the Inconveniencies of repairing unto other Assemblies, it may be far remote from their Habitations, contribute also to the Maintainance of their Teachers where it is indispensably needed.
If I say, all these and the like Considerations, with a Reputation of publick Favour, and regard with Authority, be not sufficient to preserve and secure the
Church
in its Station, and its Members in the Communion of it,
It is evident that they are things which have no Foundation in the Consciencies or Minds of Men, but stand meerly on the props of Law and Power
. Which if true, is yet a Secret which ought not to be divulged.
I confess Chief Justice
Hubbart
, in his Reports, in the Case of
Colt
, and the Bishop of
Coventry
and
Litchfield
, says,
That though it be
de Jure Divino
, that Christian People be provided of Christian Officers and Duties, as of Teaching, Administration of the Sacraments, and the like, and of Pastors for that purpose; and therefore to debar them wholly of it, were expresly against the Law of God
;
yet all other things
, as he there shews,
are not so:
For
(saith he)
We know well that the primitive Church in her greatest purity, were but Voluntary Congregations of Believers, submitting themselves to the Apostles, and after to other Pastors, to whom they did minister of their Temporals, as God did move them.
A liberty for which state is pleaded for, the thing it self being owned to be according to the Pattern of the Primitive Church in her greatest Purity.
And if it be so as he speaks, all other Orders and Observances in the Church, must be built onely on
Law
and
Custom
. But yet such is their Force also on the minds of Men, that as attended with the advantages and conveniences before mentioned, and fenced by the inconveniences and disadvantages which attend Dissenters; the Differences also contended about, being of no more weight than they are; there is no doubt but the most of men, at least to the full as many as without force to Conscience, will do so under the severest Penalties to the contrary, will continue their adherence to the present Church-state, although the Liberty of the dissent desired, should be indulged.
It may be this suggestion of Peace and Moderation, may not have an equal rellish unto all Pallats, nor find a like reception in the minds of all. The
Interest
of some, and the
Prejudices
of others, are so important with them, as that they cannot attend unto impartial Reason in this matter. I am perswaded that
some
have scarce any better or more forcible Argument, to satisfie their own Minds that they are in the right in Religion, than the inclination they find in themselves to hate and persecute them whom they suppose to be in the wrong; or at least that they can no longer believe that to be Truth which they profess, than whilst they are willing and ready to destroy with violence that which is contrary unto it. For what is
forborn
, they suppose must needs be approved; all which are so palpable misapprehensions, as there needs no Endeavour to lay them open.
It is far enough from being an evidence of Truth in any, that they are ready to destroy them that are otherwise minded. It is Errour and Superstition, which being conscious of their own
weakness
, are impatient until their Contraries are ruined. And never are there such Mutual Violences in Matters of Religion, as where the several opposite Parties are all of them most grosly erroneous and superstitious.
The
Egyptians
were of old the scorn and sport of the World for their
Devotions
in general:
Oxen, Apes, Crocodiles, Garlick
, and
Onions
, being some of the best of their Deities: And yet about these they had amongst themselves such endless Animosities, and mutual Persecutions of one another, as can scarce be parallell'd. So he tells us:
Immortale odium & nunquam sanabile bellum,
Ardet adhuc ombos & Tentyra; summus utrinque
Inde furor vulgo, quod numina vicinorum
Odit uterque locus.
And what was the ground and occasion of the Quarrel?
Crocodilon odorat
Parshæe, illa pavet saturam Serpentibus Ibin.
Their Controversie was about the Worship of a
Crocodile
on the one hand, and of a
Fowl
that
devoured Serpents
, on the other.
Neither is the Difference of much more importance, or managed with much more moderation, which is at this Day between the
Turks
and
Persians
, about the true Successors of
Mahomet
.
So little Reason have Men to please themselves with a surmize of being
possessed of the Truth
, by the inclination that they find in themselves to persecute the contrary: Seeing such an inclination is an inseparable Companion of Error and Superstition, and is generally heightened to Cruelty and Revenge, according as Men by them are drenched in Folly and Blindness.
It is yet pretended by some,
That such a Toleration as will satisfie them that desire it, and secure the Publique Tranquility, however it may please in the
notion
of it, will yet be found
unpracticable
when it comes to be examined and instanced
.
But it is evident that these pretences must be countenanced by some peculiar Consideration of this Nation, and Government thereof; seeing the utmost of what is here desired, is both established and practised in other Nations. The whole of it is plainly exercised in the
Kingdom of France
, where the
Protestants
paying all Duties to the Church, sustaining all Burthens and Offices in the Commonwealth, equal with others, are freed from
Ecclesiastical Courts, Censures
, and
Offices
, and all Penalties for their Dissent, with an
allowance
for the Worship of God in their own Assemblies, provided by themselves, and known to the Magistrates under whose Jurisdiction they are; which is the sum of all that is here desired. The like Liberty, if I mistake not, is granted to the
French
and
Dutch
Churches here in
England
. The
United Provinces of the Netherlands
have continued in the same practise ever since the Reformation. So also hath the Kingdom of
Poland
, where the Dissenters are both numerous, and divided among themselves.
Lutherans
are tolerated in the Dominions of the
Pauls-grave
, Elector of
Brandenburg
, and Landtgrave of
Hassia
: So are
Calvinists
in many free Cities of the Empire; in some places of the Kingdom of
Denmark
: And both
Lutherans
and
Calvinists
in sundry Principalities in
Germany
, whose Magistrates are of the Roman Religion. In the
Hereditary Dominions
of the Emperour, where-ever Difference in Religion once made an entrance, either a Forbearance and Toleration is granted and continued, as in
Hungary
; or the Countries themselves have been made utterly waste and desolate, as
Bohemia
and
Moravia
, and yet in a great measure continue so to be. The Attempts of the Duke of
Savoy
against it, have been condemned, detested and abhorred, by all Princes of the same Religion with himself, and yet have ended in some tollerable forbearance. It is also known, that the
Kings of England
have by vertue of their Power in things
Ecclesiastical
, in all Ages as occasion required, and as they saw meet, exempted Persons and Societies from the common and ordinary course and way of Church-Discipline and Inspection.
Certainly therefore the
unpracticableness
of such an
Indulgence
lies in the desires of them, whose Interest, as they apprehend, is opposite unto it; although it is more probable, that their Moderation known and declared in this matter, would give them a greater Interest in publique Esteem and Veneration, then by any other ways they are like to obtain. Neither is this at all by wise men to be despised, who are able to foresee the probable events of continued Exasperation. Why then should men pretend, that that cannot be done, which hath been done, and is done at this day in so many Kingdoms and Nations, with the wished-for success by Peace and Happiness?
And as it may be very
few Instances
can be given of such Severity against Dissenters, who come up to so full an
Agreement
in all material things with them from whom they dissent, as that of late practised, and still pressed for in
England
; so it will be found, that whether we respect the Nature and Temper of the People of this Land, or the admission of the Principles of Dissent, with the grounds of them, in Multitudes; or the Resolu tion to undergo all Difficulties and Sufferings, rather than to transgress against the Light of their Consciences; or their Valuation of Forbearance above all Secular Things whatever: There is no Nation under Heaven, wherein such an INDULGENCE or TOLERATION as is desired, would be more Welcome, Useful, Acceptable, or more subservient to Tranquility, Trade, Wealth and Peace.
FINIS.
Errata
.
A JUST REBUKE TO One & Twenty Learned and Reverend DIVINES (So called)
Being an Answer to an
Abusive Epistle
against the People call'd
Quakers
, subscrib'd by
Thomas Manton,
Thomas Jacomb,
John Yates,
John Sheffeld,
Anthony Palmer,
Thomas Cole,
Thomas Doelittel,
Richard Baxter,
William Cooper,
George Griffith,
Matthew Barker,
John Singleton,
Andrew Parsons,
Richard Mayo,
Thomas Gouge,
William Jenkyn,
Thomas Watson,
Benjamin Needler,
William Carslake,
Stephen Ford,
Samuel Smith,
By
William Penn.
Quid enim iniquius, quam ut oderint homines quod ignorant, etiamse res meretur odium
, Tertul. Apologet.
The Lord, frustrateth the Tokens of the Stars, and maketh Diviners mad, that turneth wise Men backward, and maketh their Knowledge foolish
,
Isa
. 44. 24, 25.
Printed in the Year 1674.
A
JUST REBUKE
TO One and Twenty
Divines
, (So called) &c.
THe CAUSE of the
GOD of TRUTH
hath rarely wanted the Endeavours of men of greatest Power and Literature in almost every Age to slander it, nor the constant
Adherers
to it, contumelious Treatment for their Integrity: No
Virtue
hath been so Conspicuous, no
Quality
so Great, no
Relation
so Near, as to protect them from the Fury of blind
Tradition
and prejudic'd
Education
. But as this ought not to discourage any that pursueth so
Good and Heavenly an Interest
, especially, when the Invincible
Faith, Patience
and
Hope
of those Holy Ancients that so heartily espoused it, stand before us as so many bright Examples and Encouragements; so neither have the many and great Attempts of
Men of divers, yea opposite Interests
, to render us
Unfit for the Earth, and
(what in them lyeth)
to invalidate our Claim to Heaven
, abated one Grain of our Love to, Confidence in and Zeal for that worthy Cause: And Blessed be the God and Father of our Lord
Jesus Christ
, their
Essayes
have been Insuccessful, their
Designs
frustrated, and not one of their
Weapons
form'd against our
Sion
hath yet prospered; But
Crescit sub pondere Virtus.
These very Sufferings God hath turn'd to our Enlargement, daily rewarding our Tribulations with Patience, and our Conflicts with Joy in the Holy Ghost; fulfilling to us that comfortable Saying of the Apostle,
All things shall work together for good to them that love him
. Having this
Encouragement
from God, what
Injury
soever we sustain from Men, well may we say with that Kingly Prophet,
Whom should we fear? Of whom should we be afraid
?
With that Godly Resolution, which becometh the Justness of my Cause, I enter upon my present Work, and first of the Occasion.
We have been long threatn'd with a Report of the
joynt-Endeavours of many Ministers
, which rais'd several into an Expectation of some notable Piece, some grave and moderate Disquisition of what had been as frivolously as fouly mannaged by our other petulant
Adversaries
, that the
Controversy
so long depending, might terminate with some Advantage to such as had made any sober Enquiry after it; but we had no sooner received and lookt into the Book, then we saw our selves under a very great Disappointment; for instead of some New Essay behold! an Old Discourse new vampt, or
a new Impression of a Book
twice largely consider'd, and some think,
effectually Answer'd
, I mean, John Faldo's
Quakerism no Christianity
, but
now recommended
, as the Title-page tells us, by the
Epistles of many Learned, and Worthy Divines
.
But since it hath pleased so many Persons under that
Character
, to fall in with his Discourse against us,
to Commend it so highly, Recommend it so earnestly, and bestow so liberal an Elogie on him that wrot it
, I think I may without any the least Injustice, look upon them as
Authors of this Impression
, and consequently (by espousing his Endeavours)
Responsible to the
People call'd
Quakers
, for all those
Miscarriages
therein rightly chargable by them upon him: And I no waies doubt, through God's Assistance to evidence their
Concern
in this Affair to carry with it an utter
Inconsistency
with that Superbe
Title
they have either given themselves, or the
Author
or
Bookseller
conferr'd upon them for the good turn of their so seasonable
Epistle
, viz. LEARNED, REVEREND and WORTHY DIVINES; Words that make a fine jingle, and please and blow up Vain People at a strange rate.
The first Paragraph of their
Epistle
is a great Truth, both worthy of the Minds of good Men, and necessary to be consider'd at any's Entrance into the Judgment of another's Cause; It runs thus:
One and Twenty
Divines.
That, as God is the Wise Distinguisher of Good and Evil; and so loveth the Good in any, as not to abate his Hatred of their Evil; and so hateth the Evil, as to love all that is Good; So is it no small part of the Wisdom and Integrity of his Servants to
Imitate
him herein; and not like Men blinded by Partiality, to justifie all in those whom they like, and
Vilifie
all in those whom they dislike,
&c.
W. P.
One would think by this that
you
had
Imitated
God in
your
Conduct towards the
Quakers
; and doubtless
you
writ it, that those that read it should think so: but why? I know not; unless because
you
looking upon
your
selves his Servants, such ought to do so or else to give greater Credit to
your
Work then
your
selves perhaps believe it deserves: But let us hear what Use
you
the great Men of
Uses
, make of this Introduction; I find it in the next Paragraph in these Words.
One and Twenty
Divines.
This Justice we must and will observe towards this People, called,
Quakers
, The Fear of God and Love of Truth forbids us to render them Worse or Better then they are.
W. P.
Better
! there is little Fear you will: You may turn
Pelagian
in the Case, and exclude all Divine Assistance; for I hope none are so ignorant in this Age, as to think that Men of our Stamp need special Grace to keep you from the Sin of rendering the poor
Quakers Better
then they are: How much
Worse
will be the Question? I confess, you say fair; but what if you break your Word with us? Must not your Censure of us fall upon your own Heads? And will it not be reasonable for us to interpret your Use of so true an Expression to be a Trick to decoy People into a Belief, that you had taken right Measures of us, whilst you have really dealt most unjustly with us.
Let me a little expostulate with you in this Matter. You have either read or not read the Book ye recommend: If you have not read it, certainly you have done very Ill to recommend it, since you know not what you recommend: which is not
to Imitate God
, or do the
Quakers
Justice: If you have read it, you manifestly entitle your selves to all the Evils of it. Again, since the Strength of the Book depends upon
Testimonies
out of our Writings: either you have compared his
Citations
with the Books themselves, or ye have not; if you have not (and I am apt to think that's your Case) you commend him, and condemn us by rote: If you have compared and considered them, you must needs have offered great Violence to your Understandings in giving your Approbation, which anon we shall so undeniably evidence, as it would have been comparatively your Virtue, to have recommended the Book without reading it or examining the Citations.
Besides, the most of what he chargeth upon us to be our
Principles
, are not so laid down by any one of us, nor, say we, sayable by any of us upon our real Principles; but are such
Consequences
as he through Ignorance or Malice hath indirectly drawn from our Words: For Instance,
That there is no other Judgment, Heaven or Hell, then what is within us in this Life
; Which is so far from being our
Principle
in
Our
Words, that it is as inconsistent with the Truth of our Creed, as Darkness is with Light: Charge this upon him , and he will tell you, I doubt not,
That this is not the
Quakers
Faith
in terminis
,
but the Consequence of it
; but then it is to be observed, that he must have the making of it. I would fain know of you, if you would be so treated with the Respect to the Articles of your own Creed? Would you esteem it just in me, to give my
Consequence for your Principle
, supposing I thought it a true Consequence, especially if you reject it? For Example; You are most, if not all of you, strict
Calvinists
in the Point of
Election
and
Reprobation
; would you take it for a candid Representation of your Judgment, that I should proclaim it to the World,
T. Manton, T. Jacomb
, &c. believe,
That God is the Author of Sin; That God's Secret Will crosseth his Revealed Will; That no Man is oblieged by the Laws either of God or men; That Men are not the Cause of their own Destruction; That there are neither Rewards nor Punishments, &c.
because perhaps I believe those
Consequences
to be deducible from the
Calvinistical Principle
? I am perswaded you would look upon me as an Injurious Person in so doing; yet this hath been the Practice of your
Reverend Author
J. Faldo: and which is less to your Credit, you have notwithstanding commended him in it, which, how well it suits with
One and Twenty Learned and Reverend Divines
, I leave to their Judgment who understand what Persons of such a Character ought to do and be. But I hope you do not think this to be
Imitating of God
; if you do, your Case is desperate.
But had your Carriage been less blamable in these Particulars, it had not only been your
Discretion
, but
Duty
, to have enquired if ever any thing had been writ in Answer to this Discourse you recommend, by any of that People that it was writ against; if there had, to have procured and perused it, before you had so freely spent your peremptory Judgment against us.
You generally fling
Infallibility
at us, though it be about Matters of highest Importance to Salvation, as if it were a Capital Sin to be assured of what a
Christian
ought not to make a Doubt of, and yet nothing below asscribing such an
Infallibility
to your
Reverend Author
, can excuse you in not examining him by our Discourses, before you conferr'd so kind an
Epistle
upon his Book: I ask you, if the like Practice would please you in your own Case? you have prov'd, it doth in ours, which makes not for your Honour: Some of you are Writers your selves, and thereby have ascended to no small Degree of Fame for some thing or other; tell me honestly if you would think it a Piece of Justice in any
Class
of Men to recommend a Book most abusive of your Religion to the World,
for an Ingenious Essay, an Exact Account of your Belief, a Tract that in
Matter, Proof
and
Style (your own Words)
merits the Notice of all such as desire an Information concerning your Principles of Religion
, whilst you both disown the Principles of Religion it calls yours, and in
Two large Answers
have detected him of several hundred
Miscarriages against your Persons and Principles
? I am perswaded you will provide better for your selves. But if you must needs be so liberal, me thinks your
Recommendation
had been better bestow'd upon his
Vindication
, since his writing
That
, proveth,
This wanted it
; and if it wanted it then, it wants it still, and yet it seems the
Book Vindicated
must be the
Defence
of the
Vindication
, and all the Return I am like to have to my
Rejoynder
, bating
The Epistle of many Learned, Reverend and Worthy Divines
, in Praise of such a
Book
, and such an
Author
: May none of you, at least in this
Temper
, be
Inquisitors
when I am to be examin'd for my Religion!
I shall now fall more closely to the
Matter
of your
Epistle
.
One and Twenty
Divines.
The
Quakers
preach another Gospel, and endeavour to seduce wellmeaning Souls, to whom they speak in unintelligible Words, and from whom they hide the Poyson of their Antifundamental Doctrines.
W. P.
Here is a great deal in a little, and very sowerly said: Were it as True as it is False, the Day were yours.
You say,
We preach another Gospel
: You do but
Say
it, and I thank God,
You can Do no more
. But doth it become
One and Twenty
Learned and Reverend
Divines
, to give so general and black a
Charge
, without making any the least Offer to
Prove
it ? Is not this to
Calumniate
rather then to
confute
us? If you say, your
Reverend
Author,
John Faldo
, hath done it for you, I must tell you, that he is an
Irreverent
Abuser of
God
, the
Christian Religion
and the
Quakers
; and which is more to my Contentment, whatever it be to his and yours, Some, and
No Quakers too
, think,
I have prov'd him such
. And let me ask you,
If it be
Another Gospel,
To own Remission and Eternal Salvation by the Son of God, both as he appear'd above
1600
Years ago in the Flesh, and as he reveals himself within in Power and Spirit
? What is the
Gospel
or Glad Tidings, but
Deliverance from
Sin
here, and
Wrath
to come
? And what can effect this, but the Powerful
Grace of God that bringeth Salvation
, which is dispens'd by
Him
to all men,
who is full of Grace and Truth
?
For the other part of your Accusation, That we should
Say one thing & Mean another
; It is by Consequence, to call us the worst sort of
Knaves
, by how much a Deception in matters of Eternal Moment, is more impious then any Cozennage about things of this Life; and yet you would be thought
Charitable Men
, and say,
We want it
: Is this the Way to supply us? But I would willingly know of you,
By what Skill you arrive at the
Knowledge of our Hearts?
Inspiration
is one part of our
Heresy
, if your
Reverend Author
is to be credited: The
Scripture
can not be your
Rule
in the Point; for that nowhere saith,
The
Quakers
Say one thing and Mean another
: and if you measure us by
our Words
, you must grant, that either
you do not understand us
, or we mean very
Good Things
; for you elsewhere say,
That our obnoxious Tenets we usually mask under Expressions Doubtful, Unintelligible or under Scripture and Orthodox Phrases
: If
Doubtful
, your Consequences can not be Certain; If
Unintelligible
, you infer that which you do not know; If
Scriptural and Orthodox
, you must either tell us, how you come to know our
Meanings
to be
Contradictory
to our
Phrases
, and prove them such, or you must acknowledge that we stand upon Equal Terms with your selves; I do not say, upon
no better
, for as great
Infidels
as you would have us to be, we have both
Discretion
and
Religion
enough, not to write such
Abusive
and
Contradictory Things
, as so fluently drop from the pens of
One and Twenty Learned and Reverend Divines
. But your
Incharity
far exceeds your
Indiscretion
; You make us to know
Poyson
, and to hide
Poyson
, giving
for Antidotes, Destructives to the Souls of Men and Women
. I would fain know, why the Conscience of a
Quaker
should not be as good as the Conscience of a
Presbyterian
or an
Independent
? what Mischiefs have we made our selves Authors of to the World, that it should not be as valid every Jot? Have we no Souls to be sav'd? Is there no Desire in us that they may be sav'd? No Honesty? No Conscience? No Fear of God? All animated to such Evil Purposes, as the
Wilful Damning of our selves, & the Proselyting others into Eternal Misery; and rather then not compass such an End, expose our selves to all sort of Sufferings in this World
? Oh bitter Invective! God, the Searcher of Hearts, will require this Injustice at your hands: You have unworthily traduc'd the Reputation of those who dare meet with you upon a publick Test, to prove their Integrity to God and Men. Why will you give such occasion to remind you of
Old Stories
? But of that anon. Had you judg'd us
Ignoramus's
, you had been kind to the Cruelty of making us
designed Murderers to our own and other mens Souls
: God forgive you. But this I must tell you, that it is not We,
That say one thing and think another
; but
You
, and such as you are, that
make us think another thing then what we say
, and then entitle us to your own Inventions. I must further tell you, We make it not our Business, as you falsly insinuate,
to decoy People into antifundamental Principles
: for besides that we know none to be such that we hold, we make not our
Religion
to stand in a
Belief of so many verbal Articles
; but a
Conformity of Soul to the Grace of God
It is a great part of our Work, to dehort People from curious Enquiry after
Notions & Opinions
, be they never so
true
in themselves; knowing how much more beneficial it is to Men, and well pleasing to God, to have an
Honest Heart
, then a
Full Head
: DOING
is degenerated into
TALKING,
and the
LIFE of Religion
into
Contention
about the
NOTION of it; Such
Christians
will not stand in God's Day: Besides, many of those, who are otherwise remote enough from saying any thing in favour of the
Quakers
, do frequently acknowledge, that
They
generally preach and press
Good Living
. It is our Desire to bring men into a
Sence of God's Grace in their own Hearts
, and to know the effectual
Operations
of it, to the
Renewing of their Mind to God
; And
That Divine Assistance within
, and right
Use of the holy Scriptures without
, are enough to inform them of what is fit to be believed. And though you would have People think very severe things of us, with respect to the
Scriptures of Truth
, by telling them, the
Quakers
hold,
That the
Scriptures
are not the Word of God, nor a Rule of Faith and Practice
, yea,
that we readily assert it in so many words
: I must tell you, you have acted with us herein far from men of common Ingenuity; A man might, at this rate
by Scripture
prove,
There is no God
, if he would but leave out,
The Fool hath said in his Heart
. We deny the
Scriptures
in that sense wherein
you deny them to be the Word of God
, that is to say,
The Word that was in the beginning with God, and was God
, which you call
the Essential Word
; and, because we find in no place that it calls it self
The Word of God
, we rather chuse to say,
The Scriptures
given forth by Inspiration,
are the Words of God
. The like Abuse you put upon us about denying them to be a
Rule
of
Faith
and
Practice
: you leave what makes for us behind, that you may make your Advantage of what you take; That the Scripture is not a
Rule
in all things therein exprest, you your selves confess, respecting the Dispensation of the
Jews
, and other things; and that there may be somethings wherein the Scriptures cannot be a
Rule
, I presume you will not deny: and that they are not a
Rule
in any Case, the import of your Charge, we utterly deny; for we believe and know they contain many godly Rules: I shall place this to the rest of your Account of
Calumnies
, and so proceed.
One and Twenty
Divines.
Though the Reverend Author hath shewed you how much infidelity is among them, and how many of the very Essentials of Christianity their Leaders contradict, and how consequently they are indeed no
Christians
; yet it is not his purpose (as he plainly premiseth) to fix this sad Character upon all those who pass under the Name of Quakers There are divers of them, who are honest and well meaning Persons.
W. P.
Methinks you are got into a very kind mood, of a sudden, but it holds not a whole page; for you tell us soon after, That
the whole Body of this People seems to be judicially deserted of God
: If so, then no more
Christians
then their
Leaders
, as you are pleased to call them; neither
Honest nor Well-meaning
, unless
God judicially deserts honest and well meaning People
. In the next page you call them
Wasps of Satan's Hiving, who have Hives, but no Honey, or sweetness of Spirit, except for themselves
. The less we have, the more you have; And would not one think you all
Honey
by your Writings? How can you expect that we should have any to spare, whom you make to have so little, if any at all? And what need is there of giving to them that think they have so much already? The Truth is, we are
Wasps
, and you are
Bees
by one and the same Figure: We know that you have always a good Name for your selves, and have long loved the
Honey
Pot; But where did you get it? Did you gather it? No such matter. Of who then? Of the People, no doubt; they
Toyl
, and
you Talk
; they are the
Bees
, and you so many cunning
Hivers
, at the Tinkling of whose Bells the silly
Bees
assemble, and when you have safely Hived them, your next Business is to take their
Honey
from them. Howbeit, if we are
Wasps
, then not
Bees
, by which I suppose you intend
Christians
; if so, your
Charity
is at an end, and those you
Christian'd
with
J. Faldo
just now, you do here manifestly
Unchristian
; unless
Wasps
be
Christians
, and that
Christians, while such, may be judicially deserted of God, and hived by the Divel
. Methinks such Contradiction becometh not Men of your Style and Pretences.
But tell me, why are we
judicially deserted of God
? Is it not beause we have
judiciously
deserted you? And don't you therefore say we are
hived
by the
Devil
, because we will not let you hive us? speak Truth Fain would you have it (according to the old Proverb)
as your Bell tinketh, the poor
Quaker
thinketh
. But blessed be God, his Grace has made us wiser then
such
Teachers; we know the Heavenly Voice of our spiritual Shepherd, and can no more suffer our selves to be carried away with a
Worldly Ministry
; and that I aver to be such, which is not founded upon the
Revelations and internal Motions of God's Holy Spirit
, a Principle you do, in the Person of your
Reverend Author J. Faldo
, not only deny, but deride, who is so far from shewing any
Infidelity
amongst us, that his Book is but a Proof of his own
Injustice
; and not that our
Principles
, but his corrupt
Consequences
contradict the
Essentials
of
Christianity
. This is an
Inadvertency
in you that well deserves, as my
Reproof
, so your
Repentance
. But to your next Passage.
One and Twenty
Divines.
And the Truth is (excepting some
Jugling Socinianiz'd
Persons or
Papists
that assume their Name) there are few of them who are Men of so much Understanding and Consistent Principles, as to be Able and Willing to give a Methodical and Intelligible Account what they themselves or their Party hold.
W. P.
A quick Way to do a
Quakers
Business at once: He must either be an
Ignoramus
, a
Socinian
, or a
Papist
, chuse him whether; if an
Ignoramus
, he is laught at; if a
Socinian
or
Papist
, he is hated. Doth this flow from the
Beeishness
of your Nature,
Jugling Socinians, Papists
or
Ignoramus's
? These Expressions do not quadrate with the Titles of
Learned and Reverend Divines
. What is it but to tell us, you resolve to render the
Quakers
odious, and if they have nothing of themselves, you will adapt any thing that is hateful of other Perswasions into theirs, that you may bring them into Suspicion and Abhorrence with your Paople: However, you are so constant to contradict your selves, that you grant to some of us both an
Ability and Willingness, to render a Methodical and an Intelligible Account of what we and our Friends believe
, after having rated us for
designed Obscurities and affected Unintelligibleness
. But that I may not leave you so, let me tell you, first, that both
Socinians
and
Papists
have written, and that with Severity against
us
; next, The Labours of no
Adversary
hath had more grateful Acceptance in the Thoughts of your
Reverend Author
J. Faldo, then a noted
Socinian
, of whose Attempt he speaks thus;
I resent it as one of the best and most ingeniously mannaged that ever I read against that Sort of People
, meaning the
Quakers
: He also, both in his
first Book
and in his
Vindication
, as heartily advocates the Cause of a
Socinian
against me, as if he had been doubly feed to the Work: Besides all this, we have been of late both
publickly
and vehemently, yet groundlesly, exclaimed upon,
for denying the Man Christ Jesus, and asscribing the Christship to the Divinity alone
; and you know the
Socinians
own him to be but a
bare Man
; and that some of our eminentest Adversaries in that Controversie were assisted by
Socinians
, I am able to prove: But to what Pitch of Inconsistency may not the Pride, Passion and Prejudice of Men raise them? You think it enough to do our Business, to pin the
Pope
at our Tail; but you may remember how unjust you thought such Suggestions from some of the former
Prelates
of the
English Church
, who made the same Use of your Separation; and as well as you
Presbyterians & Independents
agree against us, both of you have mutually
Jesuited
one another; the Refuge of Malice, when drove to a Pinch. To conclude, I must tell you, we are neither
Socinians
nor
Papists
; and I do hereby require at your Hands to produce one
Socinian
or
Papist
that goes under the Name of a
Quaker
among us; till when you remain under the Just Imputation of
Slanderous Persons
. But let us see what is next.
One and Twenty
Divines.
Divers Honest, Well meaning and Ignorant Persons have fallen in with the
Quakers
, supposing them by their plain Habit, Austerity and rude Deportment to be the strictest, and threrefore the Holyest Sort of Professors - And thus seeing no farther, they become
Quakers
, from the same Principles in the main, and from the same Dispositions, as the more Ignorant
Votaries
among the
Papists
are
Carthusians, Franciscans
, and other such like
Monks
and
Nuns
.
W. P.
I would fain ask you, if you can yet think your selves Men of
Charity
? You elsewhere say we want it; & at this Rate we may do so for all you. Behold the Brand you set on every Soul that leaves you! Can you satisfie your Consciences, that you have herein shown the
Justice
you promised us, in describing the
Quakers
, or
Imitated
the Rectitude of God in the Measures you have taken of us? Truly if you can, they are greatly to be suspected: Give us one Instance of any Honest or Well-meaning Person,
that for the sake of those outward Appearances became a
Quaker, which in other Terms is, to expose themselves to the bitter
Anathema's
of such High Priests as your selves, the Severity of their dearest Relations, the Penalties of Magistracy, and to the general Reproach of the Multitude: Methinks, upon second Thoughts, you should not have such good ones of your selves, and such bad ones of your Neighbours; But though you take so little Care of being tender, nay
Just
to us, yet you should be more circumspect for your selves: You tell us in the Person of
J. Faldo,
That the
Quakers
deny to perform any Thing relative of Religion, but upon Inspiration or Motion of the Spirit
; And you all know, or may know, the
Papists
turn not
Carthusians, Franciscans
&c. upon such Pretences, or as being so disposed: You, or your People have affirmed,
That they by such Works think to merit Eternal Life
; Whether it be true or false, let them look to that; sure I am, that such as say,
Those Works are my Works, and that upon my Principle
, who
otherwile
tells the World,
That I admit of no Work in Religious Matters, but by the Impulse of God's Spirit
, contradict themselves to purpose, and that you have done.
Popery
brought into Company with what you call
Quakerism
, doth your Work with some of your Vulgar; but your Comparison had shown less of Envy, if you had pleased to produce those Principles, and describe those Dispositions you unworthily insinuate
Quakers
and
Monks
in common to be acted by. But methinks, your frequent frothy Reflections upon our
Deportment as Monkish
and
Cynical
, &c. look more then ordinarily ugly from the Mouths of such as profess themselves to be of the Race and Stock of Ancient
Puritans, whose little Bands, cropt Locks, exceeding plain Apparel, severe Aspects
, with many more Instances of Preciseness and
Austerity
, as you call it, were the Subjects, frothy Minds play'd upon: You do not think
B. Jonson
acted like a
Christian-Man
in his
Comical
Representation of
Puritans
, & yet your selves
call'd Learned, and Reverend Divines
, have shown as much
Injustice
, though it may be,
one and Twenty more
of you could not show so much
Wit
.
It is known to God with what Sincerity we are acted in Obedience to the Convictions of his own Spirit, and that it is not
Affected Singularity
, but
Real Conscience
, that engageth us to those things you make the Subject of your Mockage and Contempt; and God hath to reckon with you for the Liberty you give, and your People take: To indulge them in that
Unchristian Latitude
, and fling
Monkish Austerities
upon us, who through Fear of offending Almighty God, by giving Way to a Worldly Appetite, conscientiously live under some more then ordinary Restriction is, to deal deceitfully with them, and injuriously with us; and God will judge for these Things. The Truth of the Matter is, you are Angry the People can live without you; and rack your Wits to bring that Principle, People and Way into Suspicion and Hatred, whose selfDenyal judgeth you and yours: your Interest in People stands in that, which when the Everlasting God shall terribly shake all Things, will fall; nad such as have vainly conceited themselves
Christians
upon your Character, they will be found without their
Wedding-Garment
. But the Truth is, nothing is well with some Men that a
Quaker
doth; if he be retired, he is
sullen
; if plain in his Apparel,
Cynical
; if careless about Salutation,
Proud
; his
Industry
must be
Worldly-Mindedness
; his
Moderate Uses
of Injoymens,
Penuriousness
; his
Hospitality, Flesh-Pleasingness
; his being
at a Word
, a
Decoy for Custom
and a
New Way of Cheating
; if he refuse to answer any Questions relating to Religion, either he can
give no Account of his Religion
, or
he
holds some Error he is afraid to discover
; if he doth answer them, either it is
Nonsense
or
Equivocation
: In short, his
Virtues
must be
Vices
; but this is his Resolution, if to be, as he is
be
to be
Vile
, he will be more
Vile
; and I doubt not but God will plead our Cause against you, and evidence to you and all Men, that we have not pursued
Cynical Singularities
, nor
Affected undue Separation
; but with Holy Fear and Sincerity of Soul have been herein resign'd to the Good-Will of God, as he hath made it known by the Light of his Son in our own Consciences; and this I affirm, that all those Endeavours many vigorously employ to vilifie an Inward Principle, and disswade Persons from believing in it, waiting upon it, and being guided by it, center in the rankest
Atheism
, because the Sence and Influence upon the Mind, is the most sensible, express and constant Argument for God and his pure Religion, which lost, makes Way for Infidelity. But as in Point of
Doctrine
, so in
Conversation
you believe we are not all alike; your Words are these:
One and Twenty
Divines.
And yet some of them being Rich, and grown into Estates in the World, can and do live in as Flesh-pleasing Fulness, Splendor and indulging to a sensual Life, as others whom they have condemned.
W. P.
I would willingly know these Persons, who they are, and where they live: Did you love Truth and your own Credit, ye would scarce be so lavishing of your Words. You say,
We condemn all but our selves
; what is the Consequence but this, if you speak true,
That there is not a Person in the World that is not a Profest
Quaker,
who either hath more Ability to live Flesh-pleasing, or that actually doth indulge himself more to a Sensual-Life then some
Quakers
can and do
, Which way to save your Credit, I know not, unless you make it appear that the
Quakers
are both as Rich as other Men, and as indulgent to themselves in all sensual Pleasures. I perceive, rather then the
Quakers
shall want Faults, you will make some for them; a Practice very unfit for
One and Twenty Learned and Reverend Divines
! But to do you right, you are kind in your Cruelty; you provide against believing what you say, by saying what is incredible of us.
I shall now consider your
Recommendation
of his
Book
.
One and Twenty
Divines.
Wherein the
Quakers
Principles are more thorrowly investigated then in any Book which we have seen; and we judge it for Matter, Proof and Style, to be especially useful for those who need, or desire Information concerning the
Quakers
and their Principles.
W. P.
Had we no other Weapon, this were enough to Wound your
Cause
incurably; for
first
, he hath laid down about 20
Principles
in the
Quakers
Name, 18 of which
are not only
None
of theirs
, as so exprest, but not so much as by
Consequence
: That they are none of ours, it is enough
we say so
, unless our Faith is not to be taken at our Mouthes, but at our
Adversaries
. He that tells me I
believe
that which I do
not
believe, is either
Foolish
or
Dishonest
, and his
Confutation
is not of me, but
of himself
. That they are not our
Principles
by
Consequence
, I have abundantly proved, both in my
Answer
and
Rejoynder
: However,
Matter, Proof
and
Style
you commend it for. The
Matter
of it lyeth in the
Proof
of it: What
Proof
and what
Style
, I am willing to shew you; and
first
, as to
Proof
. Who would not think it excellently performed, that hath such an
Epistle
, and so subscribed, on Purpose to recommend it?
But that so many Men, with such fine
Titles
, may be guilty of great Mistake and Abuse, I will produce you
Ten Instances
of
Notorious Perversion
, any one of which were unworthy even of such poor
Heathen
as ye think us to be, referring you to my
Answer
and
Rejoynder
for a more compleat Detection of his
Miscarriages
.
1.
John Faldo
affirms,
That
W. Smith
had not one Exhortation to read the Scriptures; nay, that the main Design of the Book was to deny them, and throw Dirt upon them
; yet
J. F.
cites him concerning the Scriptures, thus:
Qu. no Chr.
pag. 45.
Child
, Then the Scriptures are to be own'd and believed,
&c
?
My Answer,
pag
. 42.
Father,
Yes, They are to be OWN'D and BELIEV'D; and they that do not so, are to be DENIED
.
Rejoynder,
pag
. 60,61,62.
Observ.
Can any thing be more inconsistent, then your
Reverend Author
? Is it this sort of
Proof
you commend? Can you think this the Way to convert such
Infidels
, as you deem us to be?
To this let me add another notable Passage in the same Discourse he faults with
Dirting
and
Denying
the
Scripture
.
Rejoy.
ibid
.
Quest.
Of what Service are the
Scriptures
as they are given forth and recorded without?
Answ. MUCH EVERY WAY
unto those that have receiv'd the same Spirit from whom they were gi ven forth, for unto such they are
PROFITABLE,
and
MAKE WISE
unto Salvation; and are unto them of Service, for
INSTRUCTION, EDIFICATION
and
COMFORT.
Obs
. Is there no
Exhortation
lodg'd in these words? And is this to
Deny
or
throw Dirt
upon the
Scriptures
? If any shall object
W. Smith's
making the
Spirit necessary to the profitable Reading of the Scriptures
, let them go to
W. Tindal, J. Bradford
, Bp.
Jewel, J. Philpot, Luther, Calvin, Peter Martyr
and others, they will preach them the same Doctrine; which I have observ'd in my
Rejoynder
, and may easily be found in my
Catalogue
of
Authors
.
2. My second Instance shall be this, That he maketh
W. Smith
call the Scriptures
Traditions of men, Earthly Root, Darkness, Confusion, Corruption; All out of the Life and Power of God
; which he only asscribed to degenerated Men, their Worship, Imaginations and Traditions.
Qu. no Chr.
p. 117,119.
My Rejoynder,
from pag.
141
to
157.
Shall this be call'd
Proof
or
Perversion
? Doubtless a
Proof
of nothing, but
of
that hateful sort of
Perversion
.
3. That the
Quakers
understand by Knowledge according to the Flesh;
the Use of the Understanding, though sanctified
: which is also a gross
Abuse
both of our Words and Sense
.
Qu. no Chr.
pag. 41.
Answ.
p.
35. Rejo.
p.
424.
4. That
I. Penington
should call
Visible Worship
, as such,
the City of Abomination
.
Vind. p. 50.
This is a downright
Forgery
; and your
Praise of his
Proof
makes you Accessories
: Look on it as you will.
Rejo.
p.
194,195.
5. That by
Traditions of Men
, we understand
the Scripture, or written Word
.
Qu. no Chr.
part 3. pag. 88.
A base
Abuse
of our Words.
Answ.
p.
250.
6. That the
Quakers
mean by the
Vail
that is over People,
their Belief of the Man Christ Jesus born of the Virgin
Mary,
to be now existing in Heaven
.
Qu. no Chr.
pag. 89.
An
Impiety
of his own Inventing and your Approving!
Answ.
p.
251,252. Rejoy.
p.
395,396.
7. From
W. Smith's
saying, that
the present Practice
of the Sacraments,
as
, Baptizing with a Cross,
and
counting the Bread and Wine the Flesh & Blood of Christ,
arise from the
Pope's
Invention
, You in the Person of
John Faldo
, give out,
That
W. Smith
calls the Lord's Supper
the POPE's INVENTION.
Qu. no Chr.
pag. 163.
At this rate, what will your
Testimony
be worth?
Little
, certainly, with such as know Good Coyn from Bad.
8. From
Edw. Burrough's
making the Light of Christ within to be
One in Nature
with the Spirit of Christ;
Vindic.
from p. 75 to
84
.
J. Faldo
infers,
That the
Quakers
hold the Soul to be God
: as if that had been said of the
Soul
, which was said of the
Light of Christ shining in the Soul
, or that they were
Synonymous
.
Rejo.
p.
348,349,350.
What cannot a Man of his Skill in
This
black Art do? yet this is
your own
Reverend
Author
, who for his
Proof
against the
Quakers
, is not a little in your Books.
9. Because
G. F.
rejected that carnal Notion that confines the Infinite Omnipresent God
to a Residence
only
above the Stars
, he makes no Difficulty of inferring,
That we deny the Manhood of Christ Jesus
.
Qu. no Chr.
p. 9,10.
As Absurd as Base!
Answ.
p.
14. Rejo.
p.
420.
10. From our affirming that such a kind of
Reading of Scripture as the
Pharisees
us'd, and to those Ends
, makes men harder to be wrought upon to true Conversion then the Heathen,
John Faldo
infers,
That reading the Scriptures, and getting Knowledge thence, puts men into a worse Condition then the
Heathen;
and that there is scarcely any thing more Dangerous then reading the Scriptures
:
Qu. no Chr.
pag. 190.
Rejo.
p.
126,127,425.
Yea, he accuses us of
Charging the Miscarriages of mens Souls on the Knowledge the Scripture
BY GOD's BLESSING
doth convey
.
Behold at what rate your
Reverend Author
hath
investigated our Principles
! you have said truely in saying,
he did it throughly
; for he hath scarcely toucht any Thing, that he hath not
throughly abused
; yet this is the Man whose Attempts so obnoxious as you see, you have adventured to commend. You say,
you judge
it ( among other Things) for the
PROOF
of it,
to be especially useful for those who desire Information concerning the
Quakers
and their Principles
: That ever Men of your
Age, Experience
and
Reputation
should precipitate themselves into any Thing so foul and scandalous! Can you believe this is
Imitating God, and being Just to the
Quakers? I hope your Condition is not yet so dangerous.
I think fit further to add for the Information of the Ignorant, that
J. F.
began with us in this Book, call'd
Quakerism No Christianity
; I answered him in a Book, entituled
Quakerism a New Nick Name for Old Christianity
; against this he put forth his
Vindication
, unto which I made my
Rejoynder
, consisting of TWENTY THREE CHAPTERS, in which I vindicated our Principles, stripping them of those frightful Vizards and hateful Disguises he put upon them, confirmed them
by many Scriptures and Reasons
, and to compleat our Defence, produced in favor of the whole above TWO HUNDRED TESTIMONIES out of both ancient and modern Authors. Besides all this I faulted his Conduct and Behaviour in this Controversie, in above FOUR HUNDRED PARTICULARS, and that under distinct Sections.
None of which hath he taken notice of, how much soever it stood his Credit upon; but after his own
Proof
of his Books, wanting a
Vindication
, he
reprints
it to consummate the
Controversie
. To me it is a manifest Token that the Man hath gotten to a
Ne plus ultra
, &
therefore goes back again; and doubtless, were not his Cause deeply sunk, it should never need the Help of
One and Twenty Divines
, and those term'd so
Learned
and
Reverend
as you are, to recover it, and yet you see at what a Rate you have performed your Task: We have Hopes you will be better advised the next Time; I am sure your Circumstances need it.
And that you have as well abused us in your
STYLE
as
Proof
, and therefore
proportionably
deserve the Censure of
Impartial Readers
, I shall produce
some Instances
out of your
Epistle
and his
Book
. (I may say yours; for ye have made it so by adopting it:)
First
, In your
Epistle
,
A strange Sort of People, preach another Gospel, and endeavour to seduce well-meaning Souls; Poison of their Anti-fundamental Doctrines; Infidelity among them; Jugling Socinianized Persons; Papists, Carthusians; Franciscans, and other such like Monks and Nuns; Judicially deserted of God; arrived to Pride and Ignorance; seek Back-biting, Reviling and Reproaches; nauscous Conceitedness; Deluded Souls; Barbarous Language; Pittiful Ignorance; No Christians; subverting Christianity; Wasps of Satan's Hiving.
This is the
Language
of your own
Epistle
, that do not love
Reflections
nor
Railing
, if we will believe you.
Now for the
Style
of your
Reverend Author
in his
Books
, whom you would, have us believe is a
Friendly Person
to the
Quakers
.
Of our
Light
.
Ignis fatuus
;
the second Anti-christ; the
Quakers
Idol; Pernicious Guide and Saviour; Fancyful Teacher
: And in his
Vindication, A Sordid, Sinful, Corrupt and Ridiculous Thing
.
Of our
Religion
and
Friends
.
Quakerism
made its Way by, and began in Blasphemies against the Lord Jesus Christ;
Quakerism
entered the World, as if Hell were broak loose, and Possessions of Satan were to make Way, and fit Souls for the
Quakers
Spirit; Blasphemy and Idolatry.
Our Friends
(Quakers
so called
) Dark-Lanthorn-Men; being hid with Palpable Knavery and Impudence; Absurd and Blasphemous Idiots; Prodigiously Wicked; Oh the Hell-Dark Expressions of the
Quakers
Preachers, speak the Amazing Delusions of Satan.
And in his
Vindication, A Presumptuous and Blind Accuser; a Sophister; an
Haman
; an Accursed
Ham
; a Treacherous and Wilful Deluder; a Madman; an Hangman; an Infallible Stager; a Fool; an Ape; a Dunce; an Impudent Forger;
and what not
?
Is this to act like a FRIEND to the
Quakers
, or give
Testimony
of a
Large Spirit and Principle
, as you (to make a foul Matter fair) have so untruly intimated? Doubtless, no Man hath taken more Pains to abuse a poor People, then
J. Faldo
hath to misrepresent the
Quakers
; yet this very
Style
you more especially recommend: Can you yet think your selves
Learned, Reverend and Worthy Divines
, Men of
Conscience
and
Honour
? And the Truth is, you were
very hard put to it
to make up the
Recommendation
; for in the Scope of four Pages, you
three times
compare us to
Papists
and
Infidels; thrice
charge and aggravate our designed Obscurity, with abundance of
Impertinency
and
Contradiction;
four Times go over our
Separation
from you; and
last of all
, you
five Times
charge us with
Singularities
, enlarge and grow Elegant upon it,
Repetitions, Tautology
.
And by the Way I must needs take this notice of the
New Advertisement
in this
Impression
.
First
, That he most horribly abuseth us in saying,
We pretend all our Ministers to be Infallible
. More then ten Times over hath he both scornfully and untruly cast this at us: We asscribe not an
Infallibility
to Men, but to the
Grace of God
, and to Men so far as they are led by it; for that it certainly teacheth what it doth teach.
Secondly
, Whereas he insinuates, as if
I allowed of every Passage he cited, as of the Books and Authors themselves
: This is so great an Untruth, that many of them are
misquoted
, and almost every one of them
mis-applyed
; and this I have largely and frequently
complained
of in my
Answer
, and more particularly in my
Rejoynder
. I leave off
Wondering
at him; for he seems to have prepared his
Conscience
for any thing that may countenance his Attempts against the
Quakers
; which gives us Cause to suspect the altering of the
folio
of the
Old Book
in this
Impression
, is done on Purpose to hinder the
Reader
from finding his (in my
Answers
thereto referred)
Miscarriages
. But to you again.
Suppose we are as bad as you bespeak us; how can we help it? Your Principle takes away all Liberty from our Wills, and tells us of being
ordained
to all these Mischiefs: Would you have us better then we can be? that is, to expect
Impossibilities
at our Hands? Or would you that we should attempt to
invalid God's Immutable
and
Absolute Decree
, which, besides that it cannot be done (allowing your
Notion
) were a great Impiety but to think of; you should either change your Creed in this Particular, or seem less concerned at the Event of Things confessedly
Irremedable
. I remember an Old Book published by
Three and fifty Presbyterians
, some of whom help to make up your
One and Twenty Reverend Divines
; it's call'd
A Testimony to the Truth of Jesus Christ and our Solemn League and Covenant
(for you know they must go together) the Bent of it is to collect the then held
Errors
, and bitterly to
Exclaim
on all that hold and plead for, or encline to favour a
Toleration
; and such were
Episcopalians, Independents, Anabaptists
, &c. Among many other these are brought in for Capital Ones. 1.
HIERARCHY
. 2.
INDEPENDENCY
. 3.
An Opposition of the Doctrine of Election and Reprobation, as you hold it
. 4.
The Doctrine of the Freedom of Man's Will
. 5.
That Christ died for all Men, or that the Benefit of Christ's Death extended to all Men
. And some Leaves off, thus express themselves,
"Doubtless, that old Serpent, call'd the Devil, hath been the grand Agent in propagating these
stupendious Errors
, all which
Errors, Heresies
and
Blasphemies
, we are confident we may
loath, execrate and abhor, and that without the least Breach of Charity
.
Oh the Strength and Religion of this
Charity
, that can
loath, execrate and abhor to think that Christ dyed for all Men, or that all Men may be saved
! as plain Scripture as any in Scripture. This they call the
Presbyterian Testimony
, which in plain
English
doth but
loath, execrate and abhor
the
Belief
of the Generality of
Christendom
. And that you may yet know your selves better, observe this Passage;
The Cursed Blasphemies; the general Looseness; the spreading Heresies of our Times
have in a manner
born down before them the Authority of the sacred Scriptures, the Life and Power of Godliness, & our solemn League & Covenant
; but above all,
Our Souls are wounded, to think with what Hope and Industry a TOLERATION of all these Evils is endeavoured
. Which in short amounts to this; 1. All that quadrate not with
Presbytery
is
Error, Heresie or Blasphemy
. 2. That
above all things it wounds them to think of having such tolerated as believe and maintain them
. This Doctrine (with some Allay) in the
Episcopacy
you exploded for
Antichristian, Popish and Tyrannical
. When through such
Pretences
you had mounted the Chair, by a notable Figure, call'd
Self-Interest
, it became an excellent Doctrine with you, yea a most necessary part of your
Creed
: Pray tell me if this be
Imitating of God? being Just to all men? Doing as you would be done by
? Can you yet be so blind as not to see your selves to be a great way off from
Christian Charity
, and an universal
Communion of Christians
, that even make
Believing of plain Scripture
, a Reason
for your Abhorrence of their
Communion
that so believe
; unless they will subject such obnoxious Passages to
Calvinistical
Interpretations? Is not this like the
Egyptian Tyrant
, that stretcht all
longer
that were shorter, and cut all
shorter
that were longer
then Himself
? This shows, you
Cæsar
-like, would have had no
Equal
, and resolv'd to raign alone, come what will of those you now have learn'd to call
Christians
: It is but too manifest that the genuine Sense of your
Faithfulness
to promote
God's Cause and Interest, is
YOUR SELVES.
But you are several times angry with us for our
Separation
.
One and Twenty
Divines.
They seek by Backbiting, Reviling and Reproaches, to disgrace the Doctrines, Practices and Persons of others, that they themselves may seem more excellent and glorious than all that have been excellent before them, and that they may not be thought unworthy of some Communion themselves, grow presently of Opinion, that all the rest of the World of profest
Christians
, are so ignorant or so bad, as to be unworthy of Communion with them.
W. P.
Methinks that it is not only an ill way to be thought more
Excellent
and
Glorious
then all that were
before
us; but that no Man that refuseth to captivate his Sence and Reason to serve the
Interest
of whatsoever you say or do, can believe that we should take such an improbable Way to
Glory: Such juggling Socinians and Papists
, as you make the chief of us to be, should better understand their Business, then to be guilty of so much broad and distastefull
Folly
, in doing of it; but what cannot you say of the
Quakers
, who rather then not say enough, will be impertinently
Tautological
, and say the same thing in
four
pages
five
times over, to fix an
Odium
in the Minds of People against us; What is this but to do what you condemn?
But the Truth is, you have so well exprest the Matter for your selves, that an unwary
Reader
would think you equally Enemies to
Separation
, and
Reviling
those you separate from. But of all men this Language is most insufferable from you, who have transcended in the Guilt of those things you seem so heartily to censure. You are made up of
Presbyterians
and
Independents
; let me a little Expostulate with you:
Argumentum ad hominem
.
I will begin with you who are called
Presbyterians
; Are you not
Separatists
from the Church of
England
? You know you are; And pray, what is the Ground of your
Separation
? Is it Difference in the
Essentials
of Religion? you know, you say it to be only in some matters of
Discipline
; for this you have divided your selves, and smartly vindicated your
Separation
, witness
Galaspee
in
Scotland
, and
Smectimnæus
in
England
. Was it not a great Reason of the
Wars
, that divided so many
Families
, shed so much
Blood
, and exhausted so great a
Treasure
? Did it not lay
Episcopacy
in the Dust, and excite the
Parliament
in these very Terms?
Elijah opposed Idolatry and Opression, so do ye: Down with
Baal's
Altars! Down with
Baal's
Priests! Do not, I beseech you, consent unto a Toleration of
Baal's
Worship in this Kingdom, upon any Politick Consideration whatsoever
. Which is as much as to say, Away with the
Arch-Bishops, Bishops, the whole Ministry and Worship of the Church of
England. Again,
The Mouthes of your Adversaries are opened against you, that so many Delinquents
(that is to say, Royalists)
are in Prison, and yet but very few of them brought to their Tryal
(Did he mean, to release them?) And saith another of your eminent Brethren before the Commons,
Aug.
28. 1644.
Ye cannot Preach nor Pray them down directly and immediately Well, That which the Word cannot do, the Sword shall
: To render which saying authentick, the Apostle is brought in two lines after. I could set out this part of your Story to the Life, but at this time shall forebear: nor do I delight in this, but since I must needs mention
Your Separation
, how can I do it without telling who it was you seperated from? And can I do it more candidly then
in your own Words
? I wish there had been no need for it: Only from hence you may observe your sort of Dislike of
Separation
; and how notably
Presbyterians
revile even Men that are one with them in the
Essentials
of Religion. Behold, a short Instance of your Carriage to the Church of
England
you
separated
from! Let us now take a short view of your
Treatment
of those that
dissented
from you: You shewed the
Independents
the way, first to
separate
upon Conscience, and then to plead Conscience for
Separation
; and how reasonable it was that
Conscience
should be
Tolerated
. Are you constant to your selves? Do you give what you will take? No such matter: But let us hear you.
Matters of Religion
, (says Dr
Corn. Burges
in his Sermon before the House of Commons,
Novemb.
5. 1641.)
ly a Bleeding; all Government and Discipline of the Church is laid in her Grave; and all putredi nous Vermin of bold Schismaticks glory in her Ashes, making her Fall their own Rising to mount our Pulpits
.
That the
Independents
are concern'd under the term
Schismaticks
, Dr
Cawdrey
bestows an whole Book upon it, which is Entituled,
INDEPENDENCY a great Schism
; yet some of these great
Schismaticks
are some of the
One and Twenty Reverend & Worthy Divines
. I find another of your Brethren,
Octob
. 22. 1644. that tells us of
Parliamentary Heresies
, saying,
You are the
Anabaptists,
and you are the
Antinomians;
these are your Errors, if they spread by your Connivance
.
Was not this spoaken like a Man of
Charity
, one that disdain'd not the
Communion
of other
Christians
that are not altogether of his Mind? A Virtue commended by you in your
Epistle
. Another eminent Person of your Way, before the Parliament
Sept
. 12. 1644.
We are grown beyond
Arminianism, Brownism, Anabaptism;
we are come to the down-right
Libertinism,
that every man is to be left to the Liberty of his own Religion: An Opinion most pernicious and destructive
, saith he. And another of your Brethren in his great
Zeal
, before the House of Commons, 1644. styles them
Bastard Imps of the Whore of
Babylon: Though you know that many of you plead a
Romish Succession
for your
Ministry
, and consequently that you ministerially descend of what you call the
Whore
; think on't as you will. But all this is exceeded by a zealous
Presbyterian
who in his Book, called,
The Gangræn
, &c. Part 1. p. 91. querieth thus;
Shall the
Presbyterians
Orthodox Godly Ministers be so cold, as to let
Anabaptism, Brownism, Antinomianism, Libertinism, Independency
come in upon us, and keep in a whole skin, when Arch-Bishops, Bishops, &c. hazarded the loss of their Preferments to withstand the Toleration of Popery
?
Where not only
Anabaptists
and
Independents
are rendred unworthy of a
Toleration
by this great
Presbyterian
; but their Perswasion rendred more intolerable then
Popery
. I would ask
G. Griffith, M. Barker, R. Mayo, M. Palmer, T. Cole
(who help to make up the
One and Twenty
Learned and Reverend
Divines
) if this Man was a
Wasp
or a
Bee
? one that had more of
Sting
or
Honey
? Well - what's his Resolution?
Let's therefore
, saith he,
fill all Presses, and cause all Pulpits to ring, and so possess Parliament, City and whole Kingdom against the Evil of Schism, and a Toleration, that we may no more hear of a Toleration, nor of sepa rated Churches, being hateful Names in the Church of God, AMEN, AMEN
.
All I shall say of the Man is this; he was hearty in his Work, and what he did, he did with all his Might. Another of them runs so high, that he impeacheth
Gamaliel
for a
loose Naturalist, a Time-serving Polititian, a second Architophel
, and only because he was for
Toleration
; when you know, the rest of the
Jewish Counsel
were for
Persecution
: If you will not believe me, peruse
J. Words
Sermon before the
Commons
, 1645. How agrees this with your present
Desires of
Indulgence,
and Thanks for it
? Let me say, there is the same
Exception against you
upon this Doctrine,
as any other sort of Dissenters
: But, as ill as this man thought of Worthy & Prudent
Gamaliel
, his Counsel hath been strong and seasonable,
even in Presbyterian Apologies
. But lest you should reject these Evidences of your rank
Severity
to others
though
for
minute Differences
, as being but the
Opinion of
3
or
4
men
, I will conclude with the Judgment of the
Presbyterian Ministers in the City of
London, presented in a Letter to the
Assembly of Divines
sitting at
Westminster
1645.
INDEPENDENCY
is a Schism; they draw & seduce our Members from our Congregations; a Toleration of it will be follow'd with inevitable Mischiefs; They erect separate Congregations, under a separate and undiscover'd Government; They refuse Communion with our Churches in the Sacraments
: And are such men fit to commend
Christian Communion
to others, who themselves break it, and impeach one another at this bitter rate for doing so? But what follows?
The Godly, painful Orthodox Ministry will be discouraged and despised; the Life and Power of Godliness will be eaten out by frivolous Disputes and vain Janglings; it is too much to be doubted lest the Power of the Magistrate should not only be weakened, but even utterly overthrown, considering the Principles and Practices of
Independents,
together with their Complyance with other Sectaries, sufficiently known to be Anti-magistratical; Hereby we shall be involved in the Guilt of other Mens Sins, and thereby be endangered to receive of their Plagues; It seems utterly Impossible (if such Toleration should be granted) that the
LORD SHOULD BE ONE, AND HIS NAME ONE IN THE THREE KINGDOMS.
This seriously consider'd, let me ask you, if you did not think these
Independents
either so
Ignorant
, or so
Bad
, as to be unworthy of your
Communion with them
, or being so much as tolerated in their separated
Communion from you
? Certainly, if so small a Difference as that which remains between you and the
Independents
, finds not
Charity
enough with you to be tolerated, not only the
Quakers
have no Reason to expect
Toleration
from you, had you
Power
in your hands: But there is great need, that you should be ashamed of
Censuring others
, or being so
Narrow-spirited
, as not to
Commune with People of a different Perswasion in Matters confessedly of greater Moment
, then that upon which you have exercised so much
Gaul
.
That You that are
INDEPENDENTS
, have thought the
Presbyterians
Unworthy of
your Communion
, it is needful only that we put you in mind of
your Separating from them
, and sitting down in distinct Congregations under a different
Discipline and Administration of Ordinances
; The
Reason
of which, if we will believe the
Presbyterians
in the Account they gave to the
Parliament
, was, because you esteem them
Prelatical, Tyrannical and Anti-christian
in their
Ministry
: An ancient Acquaintance of mine, who had more Learning and Discretion then to be one of
your
Learned and Reverend
Divines
, in his Book against
D. Cawdrey
, doth affirm,
That Ministry that cometh through Romish Succession, and is no Ministry without it, can be no better then a
Romish
Ministry
; and the Truth is, I am of his mind.
J. Cotton, Brownists
Apol.
J. Cann
, ancient
Independents
also writ in Defence of
Separate
from
National Communion
.
From hence and that
second great War between you and the
Presbyterians,
who should inherit what you had joyntly gotten from another Party
, are none of the clearest Proofs to us of
your Brotherly Love and Christian Communion
, though a great
Check
to both of you for your turning
Judges
, who are such notorious
Criminals
; and yet I will not say but the
Presbyterians Fury
was your Provocation. In short; As the
Reason
you have both render'd of your
Separation
from the
Church of England
, and One from Another, is
Greater Purity of Worship and Discipline
; so
We
had never
separated
our selves
from you
, but upon the same
Principle
: And if this will not serve your turn, when
You
that are
Presbyterians
, have given
better Satisfaction
to the
Church of England
for
your separate Communion
; and when
You
the
Independents
, have in the like Case answer'd the
Presbyterians
, and the
Anabaptists, you, We
shall, we hope, not be wanting to our selves
in any necessary
Vindication
of OUR CAUSE
.
I am sorry you have given me Occasion to remind you of your
Separation
among your selves: However, this deserves the Notice of all
Impartial Readers
, that though you were so
Bitter
, and all
Wasps
one against another for your
Separation
; yet that now you are
Confederated
against us without any
Provocation
, then such as was the Cause your selves pretended for your own
Separation
: So that to use your own Words with better Reason,
You are the Men that have no Honey nor Sweetness of Spirit, except for your selves
. And I must needs say, that notwithstanding your
Reflection
upon us, as
Destroyers of Christian Communion
, you have been so fond of your own Apprehensions, that many of your Way have lost the
Friendliness
so commendable in
Civil Society
; and some, no small
Preachers
neither, have vehemently
dehorted
their Hearers from so much as
conversing with us
, no not about the
Lawful Things
of this World, so far as may be avoided;
nay
, one of them was so extravagant as openly to profess,
He had rather his Hearers should go to a
BAUDY-HOUSE,
then to a
Quakers
Meeting
: To such a Dergee of
Bitternes
are some of you arriv'd, for all your Pretences to
Charity
. I am sure if you had had any Regard of those
Natural Truths
you are forc'd to confess, make up Part of our Religion, viz.
To do as you would be done by; remembring that for all these Things God will bring you to Judgment
; you would never have dealt out such hard Measure to us; and it cannot be too much lamented, that men will not make the best of their Accord, so far as they do accord; I mean what you do, if you mean what you writ, viz.
That God so hateth the Evil, as yet to approve and love all that is Good; and that his Servants should not dispraise all in those whom they dislike
:
For,
We own ONE GOD; we fear him as well as own him; and through his GRACE are enabled to perform the Works of Righteousness, whose Fruit is Peace: We believe this Grace is communicated to us through Jesus Christ our Lord; that he is the Only and Compleat Saviour, as well from the Pollution as Guilt of Sin; that without his Holy Spirit we cannot please God; that therefore it is Reverently and Incessantly to be waited for, to inform, ina ble and conduct us through the whole Exercise of our Life, respecting our Duty towards God and Man; we also believe that there is an Eternal State for Sheep and Goats, Godly and Ungodly, and a Day in which God Almighty will judge the Secrets of all Men by Jesus Christ, rendering to every Man according to the Deeds done in the Body
: And this we do believe without any
Mental Reservation
whatever, and find dayly Comfort both in
Believing
and
Living
accordingly; nor do I know that you in any thing contradict this, in
Words
, at least. Now that your
Zeal
for your Way of Religion should transport you beyond all
Natural Tenderness
or
Affection
, as the
Apostle
renders it (
your Duty to every Man as he is God's Workmanship
) and then glory in so great a
Vice
as a
Christian Virtue
, by terming it
Godly Zeal
, &c. which is no more but an Unwarrantable
Heat
for your particular
Perswasions
; I must needs say, is a great Way off from that
Moderation
that the Apostle exhorts us
to make known to all Men
. It is an ill Way of admiring
Grace
which destroyes
Nature
, and such, I must needs say, some of yours is, or hath been, who have sacrificed
Universal Love, Natural Affection, Relation
, the
Liberties
and
Lives
of Men
differently perswaded
to the
Promotion
of your so much Beloved
Interests
: Remember
T. Edward's Gangræn, and the
London-
Ministers Petition
, and
the
New-England
Tragedy
. How exceeding short doth this fall of the
Admirable Sweetness
of his Nature, who is Lord of the
Christian-Religion
, that was so far from
Indulging Hatred
to his
Conscientious Friends
, that he
forbid
it to his
greatest Enemies
? Can you call for
Fire
from Heaven upon
Dissenters
, and rather then not compass their
Destruction
, kindle
Fire on Earth
to devour them, and yet with any the least Pretence to Modesty check others for
Incharity
and
Separation
? But take this with you, that
good Notions
will signifie little to the Comfort of an
ill Soul
at God's Bar; it will not be
Well Held
, but
Well Done Good and Faithful Servant
. Preferring
Opinion
before
Piety
hath filled the World with
Perplexing Controversies
, and Mens
Censures
have been according to
Notion
, not according to
Conversation
: It is not what
Works
, but what
Faith
? though
Works
best of all define and evidence what
Faith
is. But this Age hath no Kindness for
Good Works
; the more the Pitty: Loose Men slight them in
Life
, and you in
Doctrine
; A Man cannot plead for them, but at the Hazard of being counted a
Papist
. Tell you such an one is a
Virtuous Person
, and you answer us commonly,
He is a Good Moral Man, but he hath no Saving Grace
; as if
Grace
and
Morality
were at as great Distance as
London
and
Constantinople
: These Notions have abused
Religion
, and
greatly injured
the Souls of People; 1. By giving them to conceit themselves
Christians
, though
Unlike Christ
. 2. In Distinguishing between a
Good Man
and a
Christian
, from whence hath flown that Stinginess of Spirit, that denies any to have
Saving Grace
that fall not in with their
Principles
, and so divides
Grace
from
Virtue
, which God hath
Inseparably joyned
. This is the Doctrine that deceiveth Men, which make them too great for the rest of Mankind:
Moral Men
are no Company for them; they may be that, and go to
Hell
for their Pains, if what some of you say be true. It is the
Presbyterians
special
Grace
that saveth; for
Morality's
Part, alas! she is a poor
Heathen
, an
Alien
, an
Infidel, without the Pale of the Church and Mercies of the Covenant
; but then it is to be understood of the
Scotch One
.
Oh I
beseech you
for the sake of Jesus Christ, by whom alone God will judge you and I in the
Dreadful Day of Account
; let the
Universal Principle
in your Consciences have Power with you; the Divine Fruit of which is,
first, A Discovery of Duty
to be done; and as closed with there,
next, Power and Ability to perform it
, which strips you of
Self
, and
Glorying
in it, and will work all necessary Works
In you
and
For you
: It will
first correct
and then
comfort
you;
Its Wayes are Wayes of Pleasantness, and all her Paths are Peace; To Faith it adds Virtue, to Virtue Knowledge, to Knowledge Temperance, and to Temperance Patience, and to Patience Godliness, to Godliness Brotherly-Kindness, and to Brotherly-Kindness
CHARITY. Contend not against it; your
Credit
is a
Temptation
to you; sacrifice it for the sake of your own and other Mens
Souls
upon the Altar
self-Denyal
, and that Humble and Heavenly
Obedience
you owe to the God of the whole Earth; and think not
Repentance
a Work to
Mean
for you, because you have been so long Preachers of it to others; your Time hastens on, and in the Grave it will be too
late
: If it was
John's Honour
to receive him when he came in
Flesh
; let it not be your
Judgment
to reject his coming in
Spirit
: God knows I have no
Ill-will
but much
Kindness
for you; I wish you were as
truly taught
of him, as you are great
Teachers
of others: could my Desires prevail, you should be such upon better Terms; but as
We
be unto them, who are
sent
and don't
preach
; so
We be unto them who do preach and are not sent
; It is not hard in this Sense to be
Righteous overmuch
, to be too
Officious
, and to act
Thanklesly
for God.
Oh that we may all consider what we are
Building
with, and whether our
Works
will stand the
Tryal
of God's
Fire
! whose
Terrible Day
hastens upon the World, in which he will severely plead with all Flesh that hath
corrupted its Way
before him; as with the
Gentile
, so with the
Jew
, as with the
Prophane
, so with the
Professor, VVho hath had a Name to live, and yet will be found Dead, who calls himself a
Jew,
and yet is not; a
Christian,
and is not; who runs, and God hath not sent him, who cryeth, thus saith the Lord, and God hath never spoaken by him
: Let us therefore be perswaded into a Serious Examination of our selves and Preparation for this Great & Notable Day of the Lord, that the Sound of the last Amazing Trump may not surprize us, nor any of us be overtaken at unawares, but in Godly Fear wait till our great Change comes , that with Holy
Habakkuk
, we may
all find Rest to our Souls in the Day of Trouble, Amen
.
Your Friend in much Sincerity
, W. P.
A POSTSCRIPT.
AS for his
Appendix,
its an
arrant Cheat
obtruded upon the
Reader.
The
Title-Page
bespeaks it
a new Piece,
whereas it is no other in the
Matter,
and for a great Part of the Words of it, then what hath been answered by me
again
and
again.
It consists of two Parts;
1. Two Letters
of our Friends, with his usual disingenuous
Discants;
which Letters are justify'd from his
Black Imputations
in my
Rejoynder,
and another Discourse, call'd
Judas and the Jews.
The second Part of the
Appendix
is a Collection of our
Principles,
which both in my
Answer
and
Rejoynder
I have prov'd to be his own Indirect & Foul
Consequences
from our Real Principles, which lye at his Door, or rather now at his
One and Twenty Learned and Reverend Divines,
that have so Imprudently espoused his Cause, and recommended his Endeavours.
Mrs.
JAMES's
VINDICATION OF THE Church of England, IN AN ANSWER TO A PAMPHLET ENTITULED, A New Test OF THE Church of England's LOYALTY.
It is not Interest that moves me to this, for I never made Gain of any thing that ever I did, nor none I do desire; for it was nothing but the Fear of Gods Judgments that hath been the sole Cause of all my Actions for above these Twenty years
.
London
, Printed for me
Elinor James
. 1687.
An Advice to the CHURCH of
ENGLAND.
AS for Conscience, I do not count it a sufficient Guide, because it is not so Infallible, but it is subject to Err, and therefore it ought to be Guided by the Word of God; for I find those that will not be Guided by that, doth not yield Civil Obedience to Temporal Magistrates, and how can they to God: And therefore I am not so much for Liberty of Conscience. But since it is the Kings Pleasure, I rest satisfied; for if they misimploy it, is not Gods Hand long enough to reach them? But who knows but that God that Converted St.
Paul
, may Convert them all that are Zealous and did not intend any thing else but His Glory, but for those that are Envious, you must not look that they will ever be otherwise. I know they offended you, because they pretend to be Loyal Subjects Indeed I wonder how they dare say so, when the World knows they never had any! But why should any be unwilling to return the King Thanks, I think it is no more than what every one is obliged to; and since the King was pleased to Renew His Promises, that none need to doubt his Fidelity; I think it is but Reason to renew your Thanks. And as for
Oxford
, they are no Example, because none lies under their Circumstances; but when His Majesty is pleased to remove their Doubts, I don't question but that they will be forward enough with their Addressing, and 'till that be done, I cannot blame them; but I find you scruple, because you will not be after the Dissenters, what a simple Pride is that? For a Christian ought to Imitate all Good Things, and therefore there is no Excuse. Fear not any thing, but Trust in God, Love the King, and be Kind one to another, and do not Addict your selves to any thing but what is Agreeable to Christianity. And I think you are obliged to frequent the Prayers of the Church, for Christ did it, and how much more ought we. I am very ambitious that you should exceed others, I have always Loved the Church of
England
, and therefore I would have them to be Dignified above all; and that the Love of God should be the Mover of all their Actions.
As for Mr.
Dryden
, though some blame him for using my Name, I do not; because he hath used it civilly. Indeed I do not know him, nor never read his Book, but I am told that he doth Abuse the
CHURCH
of
ENGLAND
, for which I blame him: For I count it not Wisdom
for
a Wit, to Reflect on that
desolately
own'd.
I hear there are Queries Cried, but I have not seen them, but understand they are of the same Nature. O that I were but a Man, I would study Night and Day, and I do not doubt but I should be more than a Conquerer, and so I hope to be nevertheless.
Mrs.
JAMES's
VINDICATION OF THE CHURCH of ENGLAND,
&c.
SIR
,
I Am very sorry to think that you should be always such a Subtle Adversary, but you say, You never had an Opportunity to shew your Spite and Malice until now. You say you could never find a
Convincing Reason
, and what was the Cause? Is it not because it doth not consist with your Interest; for that is all that you aim at, for that is the God of this World, and he hath blinded your Eys, and stupified your Understanding, and thickens your Scull, so that if an Angel came to Instruct you, you would not be able to receive it, if it did not agree with your Interest. I thought
Liberty of Conscience
might have chang'd your Disposition, seeing that the Kings Intention is so Gracious, as thinking it is the best way to Unite our Differences, and to heal our Breaches, and you know it was the Care of the King and Parliament, to prevent Scandalous Pamphlets against the King and Government, and therefore it is strange to me how you can Print your Paper
with Allowance, when it is of such a Pernicious Nature, and its whole Aim is against the Government
: surely those Gentlemen that had the Care of the Government, are very Negligent, or else you dare not say,
With Allowance
; certainly none that is in Authority would grant it you, and if they did, they must be Treacherous to their Trust, and are no Friend to the King and Government: for can there be any thing of a more Pernicious Consequence than this,
that would destroy the very Foundation? How do you think I can bear it
, when God hath fill'd my Heart full of Love and Loyalty, and I know you Abuse them, for you have no cause to call their Loyalty into question, for I know
Their Loyalty, and have been a Labourer with Them
, therefore I have the greater Reason to Plead for them: but I know you will say
I am a Woman, and why should I trouble my self
? Why was I not always so, when I pleaded with the Parliament about the
Right of Succession
, and with
Shaftsbury
, and
Monmouth
, and at
Guild-Hall
, and elsewhere; and I made Applications to my late Soveraign Lord the King (whom my Soul Loved)
That he would be pleas'd to let me Undertake for the City, and to make me a God Mother
, to which the King Answered,
It would be too great an Undertaking for me
, but I replied,
That if it might not be for all, that it might be for some
, and the King granted my desire; and I ask'd His Majesty whether He would not wish Well to it, and the King Replied,
Ay, with all my Heart and Soul
: Was not he a Gracious Prince, for I am sure He sought nothing but the True Interest of His People, but I know such as you, are none of His Friends, for you did all you could to
Pervert his Kingdoms and Sow Divisions amongst his People
, and (by such Doings)
you made his Throne Uneasie
. Indeed then you might be for the Dukes Interest, because it was your own, but I am sure it was His loss, for before He looked toward you, all the People Lov'd and Admir'd Him: And who was the cause of the Change, was it not you,
That went up and down Incensing the People of the great Proselites you had made
(for I suppose you are a Priest, and they were of the same Nature)
for they came to me, and I know what they said
; therefore I find such as you are the Plotters, for they troubled me many Weeks together, and I thought I should never get Rid of them, but I Fasted Seven Days and Nights to give the late King a Petition, that He might know in what State His Kingdom stood in, and though I never saw them afterwards, yet I do not question but there was endeavours used to blind Him; but if it had pleased God, that His Majesty had Lived a little longer, I do not doubt but He would have taken New Measures,
That you should never had cause to Boast, that you made him a Proselite
: And as for my Soveraign that now is, he is as Sweet and Precious a Prince, as the World can afford, and it is pitty you should
Abuse Him
, for He is a King of Great Experience, and hath Suffered as much as any Prince in the World, which doth teach His Majesty such Wisdom, that it is His whole Care to keep His Kingdoms in Peace, and to have His People Flourish, and will not disturb the Peace thereof upon any Condition whatsoever, and (God be Thanked) the King hath no need to distrust us, for is not His God is our God, and we acknowledge Him to be a Christian King, who
Belives
in the Almighty who made the Heavens & the Earth, and he doth believe that Jesus Christ is His Son, and that he came into the World to Save Sinners, and I doubt not but that His whole Trust is in His Merits, and we all hold and own the same; so that we lack nothing but a Holy Life, agreeable to the Life of Jesus; but I find you are Metilesome Spirits and want Employ; therefore I would desire you to go to the
Turks and Infidels
, and Convert them, and in so doing you might expect your Reward, and I should like it well; but for you to think that you can Convert People when they are Converted already, is meer Nonsense; for it is Perverting, and undoing what the Blessed Spirit hath done, which will be a Sin of such a Nature, that I would not be guilty of it for all the World. I know you will be Angry, but I do not value it, for I must discharge my Conscience toward all,
and if you would have me to be your Friend, you must take New Measures
, and Learn of Christ,
for he did Good to all, and hurt to none; and if you would not have me to speak against you, you must not give me the Occasion
.
I am sure my Soveraign will not allow you to Villifie and Abuse us; for He is a Prince of Justice as well as Mercy, and hath promis'd,
That He will Defend us
, and not only so, but will venture as far as any in our Vindication, and the King was satisfied with our Loyalty, and declared it to the World, and how dare you condemn the Kings Judgment, and Scandalize the Church; for all that knows Her, knows Her to be the only Church for Loyalty: for doth any of you own the King to be Supream Head and Governour but She? And for your part, all the World knows what you own; so that my Soveraign cannot be your Supream Governour, and therefore there is no Comparison to be made,
for I myself can Weigh you all down for and Loyalty
; and if I can do so much that am but one, what shall we all do? Therefore I know the King will not be Angry with me if I Vindicate the
Church of England
, for in Vindicating of Her, I Vindicate His Majesty, which I have always done; for when the Peers Speech Abused my Soveraign, I Answered it; for I hate Rebellion, and the Church doth not hinder any one from that Singular Gift of Loyalty, for Her Desire is,
That all should Fear God and Honour the King
; and She is the Spouse of Christ, and He will own Her for His Mystical Body, and
every one that truly believes in Christ, is a Member of that Body,
and
all the Members makes the Whole, and Her Doctrine is Holy
: I wish those that own Her, would Live according to Her Doctrines, for then they would be Safe and Happy:
She hath been Infallible in Her Duty to Her King
, which Her Discontented Brethren knows full well, for that was the only thing that they laid to Her Charge,
That She would not be Treacherous to Her Prince, nor Side with His Enemies
; for if She had, you would not have been so great as you are now, tho She was not for Popery as some thought, for indeed
She hath always been the Bulwark against it
; and that makes you Envy Her so: for you think if you can but bring Her down, you shall do well enough with the Brats whom you Begot, tho your Infallible Belief in them may deceive you; for though you made them Enemies to the
Church of England
, yet I find they will prove no Friends to the Church of
Rome
; for indeed every Good Soul will rather endure any thing than to be inslaved with
Popery
: And as for the
Church
of
England
, She never Lived under the Slavish Fear of it, as the Dissenters did, but doth Trust God with all, and desires nothing else but to Serve God Truly, and the King Rightly: And as for
Her Revelations
, as you say
is Peculiar to Her Self
, is a clear Mistake, and yet
Her Lord and Head
hath promised,
That the gates of Hell shall not prevail against Her
: And what is the Gates of Hell?
But all those things that lead us to Darkness and Ignorance, and to fling down Gods Holy Will, and to sett up the Will of Man, and secretly makes us to be an Enemy to Christ, and a Friend to
Anti-Christ
? But Christ is able to Save
HIS OWN
, and that you shall know, for He hath His Chosen People amongst all, and I really do believe He hath His Saints and Servants in the Church of
Rome
as well as any other, and I hope (out of His Infinite Mercy) He will Reconcile our Differences, and make us Happy: And as for those that envies our Happiness,
They shall not be able to stand before the Almighty in the Day of His Anger, for His Power is able to disperse them, and to blow them away in a Minute, as his Divine Power did the Locusts
. Therefore I would Advise all the Enemies of the
Church
of
England
to be Quiet and Amend for the time to come, for while we are Contriving the Ruin of one another, God may justly destroy us all, and bring in the Heathens, who may bring forth better Fruits than we: And for your
Allowing our Loyalty to King
Charles I. I do not thank you, for it is well known, or else you would not have owned it;
For that Destruction of Three Kingdoms, and the Death of the Best of Princes, is Writ in Gods Book
, and who shall be called to an Account for it, God Almighty knows,
but I am sure You cannot be Acquitted: For was it not the Fear of Popery, with your Pride, that caused the Difference, when you Compelled the Queen to go bare-foot, and in the mean time such as you Rid in Her Coach, to the great Hazard of Her Life
: For (as I was told) She Miscarried; who did you learn it of, I am sure not of Christ, nor His Disciples: And for your
Loyalty to King
Charles I. was it not for your own Protection? For the wrath of God was so upon you for you Sins and Iniquities, that you might very well have the Fear of
Gain
upon you: And as for the
Liturgy
and
Discipline
, what made it so hateful, but because we had Complied as near as we could to you for Unities sake.
And the Occasion of the War, and of that Good Prince losing His Life and Crown, might be (for ought I know) for Sheltering such Unfortunate Men as you are
, for you were not so Sensible nor so Honest as
Jonah
was, for he declared the Truth, That he was the Man that had Offended, and by his Counsel the Ship was Sav'd; but you are of a contrary Nature, for you do not care if you perish your Selves, so others perish with you; but the Saints and Servants of God are not of that Nature, as
Abraham, Moses, David
, and
Christ Himself
; for He undertook Death that we might Live; and Poverty, that through Him we might be made Rich; but
You are an Enemy, for you would have none Rich but your selves, thinking thereby to enslave us and triumph over us
. Therefore I find you have the Nature of
Cain
, who Envied his Brother, because his own Deeds were Evil. For my part, I can call God to Witness I have been always for the Peace of the King and Kingdom, and there is nothing in the World that is dearer to me than the Kings Life and Happiness; and if I had a Thousand Lives, I could Sacrifice them all in Vindication of His Sacred Majesty, without the hope of Rewards or Gain; and there is none of my Enemies can Object any thing against me, but being over Zealous for my Soveraign Lord: For my Blessed Saviour hath Taught me.
That I cannot serve Two Masters
, and the Primitive Christians were always
oblig'd
to be for the Interest of the Prince in whose Dominions they Lived; so that it is our Christian Duty to Love and Pray for our own Prince, but we have nothing to do with any other; and whoever is for the Interest of another, cannot be a True Subject to their own: Therefore my Resolution is, That I will be True to my God, my King, and my Countrey, and I am resolv'd (by the Blessing of Almighty God) never to Change if I were to suffer a Thousand Deaths, because God hath Instructed me in that Way from my Infancy, and I find it most agreeable to the Word of God and my Temper, for I am naturally Inclin'd to Love Kingly Authority: And as for
my Faith, it is to Believe Sincerely in Christ, and there is no other Faith whereby any one can be Saved; for I am sure He is the Infallible Rock
, and I have always kept to that from the beginning, and I hope I will continue so to the end: And as for
The Changes of Religious Worship
, that is not any thing as to Matter of Faith,
for Prayers may be Altered according to Peoples Occasions
, for they were never design'd to be Infallible; and if the
Common Prayer
hath been Altered, I did not care if it had been Altered again, and again, rather than it should be a stumbling Block to any (tho there is not any thing but what I like and love) and I think
There is no Good Christian but may say
Amen
to them
, and I could Wish our Hearts were as Holy as the Prayers are good, then I am sure there is no Body would be weary of them: But hath not such as you put the people out of Love with them, in saying, They came out of your
Mass Book
, and this you did to Wound the
Church
of
England
, for Her Good Will towards you; but you may see how the people Love you, for they will not accept of any thing from you, tho never so good; and if they will not accept of that they may, I hope they will not accept of that which they may not: for if they do, they will not deserve the name of Men, and how much less then, will they be worthy of the name of Christians,
for if they do not own Christ now, they shall not be own'd hereafter
.
Sir, I wonder how you dare Condemn the
Church
of
England
(I mean that part of it, which is for the King,
Common Prayer
and
Bishops
) for Her Faith Teaches Her Piety to Her God, and Loyalty to Her Prince; therefore She may appropriate to Her Self alone,
The Principles of True Loyalty
above all; for Her Doctrine is True, and Exhorts all to Repentance and Good Works, and Teaches a True Faith in Christ, and doth not Judge any Hereticks that differs with Her, but owns that whoever truly believes in Christ and Works Righteousness, may be in a State of Salvation: and She is Christs Beloved Spouse, and He will own Her, and I doubt not but Her Faith is great enough (with Gods Help) to stand against all Her Opposers, for Christ will Beautifie Her for His Words sake; for tho She doth not Teach us that Presumption as to think that any Man is Infallible, yet She owns Gods Word to be Infallible, and Eternal, and a Perfect Guide to Salvation. I wonder how any one can be Her Enemy, but why should I? Was it not so from the beginning, for was not
Cain
Envious against
Abel
, and was not brave and renowned Men in their Generations Enemies to
Moses
, and did not the High Priests Plot against my Blessed Saviour? And did not Christ tell his Disciples,
That the time would come, that they should think they did God good Service to destroy them
? They were not Heathens that did it, but those Mistaken Christians that thought they should Merit by it; for I find all along that Satan hath made use of those that ought to be the greatest Friends, to be the most Inveterate Enemies,
as when he made use of a Disciple to betray his Lord
; and
that great Disciple
that declar'd most Love to his Lord, was the first that disown'd Him. This is the Spite of our Spiritual Adversary; and the Wisdom of God suffered it so to be, that we should not Trust in any thing, but in the most High God, that always takes care of them that Trust in Him, and none can prevent the Providential care that God takes of His, and Christs Church must look to be Persecuted by the Enemies of Her Lord, but through Him She shall be more than a Conquerer. Who is he that is so Presumptious to Brand her with
Killing of Kings
? She Abhors such Doctrines, for She is a Preserver of Kings and Princes, and makes more of Her Word than the Enemies doth of their Infallible Promise, and I doubt not but it will pass currant.
Hath not you been Angry with Her Kings for Her sake, and for what Reason; only because She owned the Word of God in Sincerity: And out of Envy you sent Men to divide Her Members, and destroy Her Government, and have you not been Contriving Her Ruin all along, and Transforming your selves into all Shapes to bring
it
to pass? And who begins all Quarrels but you
? And do you say,
That the Church is a Viper
? No, no, it is such as you are; for you envy our Happiness, and would
Hurry us into a Confusion
, because you think the King Loves us too well, and stands in the gap to hinder
Your Intentions
, and is like an Angel to keep Peace amongst us, that every Man should Enjoy His Right and Property: But this is contrary to your Temper, for you long to Enjoy what other Men have; and therefore the Church of
England
is the great Eye-sore: And since the King hath been so Gracious to give
Liberty of Conscience
, you think that all the
Dissenters
should be against the Church to Devour Her: but God knows it was for your sakes that the Laws were put against
Dissenters
, and how many Good Souls was against it, but dare not speak for fear of being counted
Whiggs
; but for my part, I made Application to the late King, That the Laws should not be put against them, not that I lov'd them so well, but I knew their Nature, and don't delight that any should be Afflicted: No, not the
Roman Catholicks
, but you intend well to Reward us; and for my late Soveraign you have Abused Him sufficiently, but you got Money by it.
Sir, I am sorry for your Ignorance, that you should think the
Church
was
in Her Infancy in
Edward VI.
Time
. It is a clear Mistake,
for She hath been ever since Man hath had a Being
; and do not
Despise King
Edward, for he was a brave Prince, and I doubt not but that he is a Saint in Heaven; and methinks it is not Wisdom in you to
Lampoon upon the Confession of Faith
, because it was Compiled in
Thirty Nine Articles
; for they will stand when you will fall: and for you to say,
She
Set up a Brat of Her own
:
Was it not the Kings desire that it should be so to Prevent Popery
, and what harm would it have been for Queen
Mary
, if it had been so?
For her Reign was but Short and her Life full of Trouble
, and tho she sent a great many to Heaven, she will have no Reward for it; for she might
have been a Better Christian, if she had Let Them Alone
: But why were
They so Envious as to Burn the Bibles
?
For whoever Hateth that, is an Enemy to God
: From such the Lord Deliver my Soveraign and all Good Souls; And the Lord grant a Right Understanding, for what Mischief hath been wrought for want of it: For Christ says,
He is a Door and a Vine
, and if any could not understand it, must they be put to Death. Who is the giver of Understanding but God? And to some it is not given that they should understand the Mysteries of Heaven, and since it hath pleased God to give us a Right Understanding, why should you be Angry? You had need to pray to God to
Rectifie your own Understanding
; for there is not any thing more like the Devil than
Envy
: And how
Destructive would you be if you had but Power
, that you dare to lay the
Death of Queen Mary at our Door
, when you ought to have blamed the
Presbyterians
for hunting her out of her Kingdom; and if Queen
Elizabeth
did Cut her off, what have we to do with that? Should the King be blam'd because the Duke of
Monmouth
was Rebellious; God forbid, for I am sure my Soveraign lov'd him so well, that he would have delighted to have made him Great and Happy, if he had not wrought his own Destruction by his Rebellion; therefore let it be upon his own head, and to those that Advised him to such a wicked Thing: And for to
Villifie Queen
Elizabeth, is a thing I Abhor, for I hate any should speak Evil of any Body that is Dead, but how much more of Queen
Elizabeth
: And do not all know that King
Henry
VIII. was lawfully Married to Her Mother, and if the
Pope
delayed the Divorce, it was no Fault of the King nor Kingdom; and did not
John
the
Baptist
lose his Head, because he told
Herod
it was not lawful for him to take his Brothers Wife? Therefore how dare you to say,
That the Queen was a Bastard
, when all the World knows it is a great Lie?
For every Good Christian ought to Love Her Memory, and you to Chuse
, for if She had not denied her Self that blessed happiness of Marriage, my Soveraign Lord had never been King; and therefore for
His sake as well as Her own, I shall always Love and Admire Her Memory
; and if Gods Providence had not defeated the
Powder Plot
, my Precious Soveraign would not have had a being in this World, nor that which is to come. Therefore I will always Admire and Adore the God of Heaven, that doth prevent the
Wicked Intentions of Evil Men
. For how hath God preserv'd His Anointed from the Spite and Malice of Men and Devils, and from the Raging of the Seas? And I hope He will
Preserve Him still, that He may Glorifie Him
, that neither Men nor Devils may prevent Him from doing His Liege Duty to God; for it is He alone hath Preserv'd Him, and kept Him hitherto, and I hope He will for ever and ever: And that He may not forget who
Destroyed His Grandfather
, Henry IV.
of
France,
For They are the Snakes that will sting to Death
: And for
the
LAWS
, they shall stand to
Whip such as You
, that would
Destroy both King and Government
. I know you would Unthrone my
Soveraign
, for to make your selves
Lords and Princes over us
; but I hope God will never suffer it: for I know you are like the Wheadling Dissenters, that would not Trust the King with His own Power, but pretended they would Employ it, and make Him a Glorious Prince; but it was to Destroy Him: so
You would Wheadle the Church to take away Her Power
, and then you think to do well enough with my
Soveraign
, when you have got the Power, and then you'll show your Loyalty: but I hope the King will keep His Power, and Trust to none of you; for you will all prove Treacherous if you can but make any Advantage of it; for you cannot but know the sinking Condition of your Kingdom; and that makes you so Busie; therefore you don't care who sinks, so you swim: but what is it that can hinder Gods Intentions, but Repentance and Amendment of Life, for that is the Glory that God desires; for that end Christ came into the World, that
God might be All in All
, and there is no doubt but God makes the Angels Ministring Spirits, but they cannot do any thing of themselves, for they continually Wait upon the Almighty; for when He moves they flee, and what Injury can it be to you to pray to God that moves all Things? I think it is the greatest Favour that can be given to Mortals, but you say,
You are not Worthy
; and pray what is the Reason of that? For did not
Christ Die for all that would lay hold of Him
? But I find you have not attain'd to that Excellent Perfection to have a True Faith in Christ, for if you had, you would never have brought your false Accusations against us; for what do we do, that you find so much Fault with us? for I am sure all Condemns us for doing so much. And as for the
Dissenting Parliament
, I was as much against them as any, but I wondered that they did do no more, when the late King said,
He would Establish the Protestant Religion to the End of the World
; but they were so Factious they could not agree; for there was a Duke stood in their Way; but did not we stand for Him, and overthrow all their Doings? And did not we value the Kings Life (that now is) above our own: We could not adhear to their fair Pretences, to do Evil that Good might come of it, neither to hurt Him in the least, but Trusted God with all; and if He was a King (as He is) we would lie at His Mercy: And what made the Dissenters to be so much against us, but because we were so much for His Majesty? And how dare any to Abuse us? I have not Patience to bear it, for if I let it alone, the very stones would speak in Vindication of Us. And as for the
Parliament
that now is, it is a very
Honest Parliament
, and I Love them, and Wish them all Well, and they are Knaves and Fools that speaks against them; for they have Established the King in His Throne, and Beat down His Enemies, and have Supplied His Wants; And what is it We have not done for our Soveraign? For we Love Him above all things in this World, for we Acknowledge Him to be Christs Vice-gerent, and therefore we own none (for our Governour on Earth) but He; and I do not doubt but our Loyalty will out-doe all Upstart Loyalty; for ours doth not proceed from
Shaftsbury
, but it proceeds from God: Therefore the Church of
England
needs not Change Her Loyalty, neither will the King doubt it; for He is assured of Her Fidelity long ago,
Therefore She need not Learn of Her Catholick Neighbours
, for she is able to Teach the World Loyalty to Princes. And as for the
Kings Perswasions
, he hath Manifested to the World,
He is a Christian Catholick
, and no
Roman Catholick; for he doth not Tie up Conscience in such a Narrow Compass
, as to think none are Christians but those that owns
Rome
; and He hath declar'd,
That it hath always been His Opinion, and that His Majesty calls God to Witness
: And as for
Your Complaint of
King
Charles
I.
That He would not own nor Succour you
; He is not to be blam'd for, that, for was not the Factious Party so
set against Him, that they were ready to devour Him for Your sakes
? And for
Your Boast, That you Exposed your Lives and Fortunes in the Kings Service
, it would have been better for Him if you had not been so forward; you say,
You took great Pains in Perswading to Loyalty
. I do not know what you did for the Father, but
I
am sure you did it not for the Son: And for
You to Examine the Behaviour of the Church
,
Is it not known to the World that they both Perished Together
? And the
Dissenters
were in good hopes They should never rise no more; but (contrary to all the Expectations of such as you) God hath given Them
A Blessed Resurrection
: And who should His Sacred Majesty be Kind to (when He Entered the Throne of His Brother) but the
Church
of
England
, who stood in the Gap, when you did not dare to appear? You say,
The Kings Promise did Elevate our Spirits
; And well it might, for is not the Favour of a King Life? And if we did Droop, it was not that we Feared our Prince,
But such as You, as Counts Us Hereticks
: You say,
It was never known that the King did break his Word
; but it is no God-a-mercy to you; and now
You think you should be Happy if the Test and Penal Laws were Taken Away
, but I hope the
King will not satisfie your Desires
; for though His Majesty doth not make use of them,
They may stand as Rods doth upon Mantle-Trees, to keep Rebellious Children in Subjection
. What have you done for the King that He should so much admire you? I am sure he hath been a great Sufferer for you, and why should you Condemn the Power of our Church for Chastizing Offenders, when God never Established a Church without it; for did not God give the Children of Israel Laws in all Things, and those that would not submit to them, was to be severely Punished;
and if any did secretly Intice to serve other Gods, They were to be stoned to Death
: And as for the Death of the
Priests
that you so much complain of, were not the Laws of God and Man against Them? But what do you make so much Complaint for, hath not the King Pardoned every Body, that all should be Quiet? And I would not have any one think that the
Church
of
England
is not worthy to obtain the Affections of Her Soveraign, because she will not comply to you: For God knows she is no
Snake
, and therefore the King may Trust her, and She needs no
New Article
; and
were not you
ashamed to say,
That One Article of Loyalty was more than the Thirty Nine
,
You are a Goodly Christian
: And as for
Your Parliament you boast on
;
That will not so easily Admit a New Article into Their Creed
: They may be such (for ought I know) that will not own any like them that will own Christ within,
but disobey Him in the Chief of His Command
: But is this your Love? You ought rather to have studied the Peace of his Kingdoms, but you would hurry all into Confusion, and then Laugh at us when you have done. Do you think we value the King and Government at so small a Rate, as to resign up our Interest to such as you? No, we value that above the World, and therefore do not Condemn them that are not free to Abrogate the
Test
; for if they be, I think they do not Love His Majesty, or is not willing to serve him; for the
Test
is only an Assurance that they might Serve Him: and as long as
They are Just and Honest
, I know none more fit; for they have been True to their King, and I hope they will be so to their God, for I am sure Gods best Servants, are the Kings best Subjects: and as for
Your Opinion which is Spread through Christendom
,
Is no
Argument
of the Truth of it
; for Christ says,
My Flock is but a little one, and many are Called, but few are Chosen
: And as for the
Corporal Presence of Christ
, which you count is his
Real Presence
, is a Clear Mistake to think that any of the Divines of the Reformed
Church
do own; for
Christ cannot eat Himself
, but for
His Divine Presence
, God forbid any own should disown; for Christ hath promised,
That where two or three were gathered together, he would be in the midst of them
, and how much more at the
Administration of His Blessed Sacrament, which Represents His Death
. None disowns, but that (by Faith)
it is the Spiritual Body and Blood of Christ
, but as for
His Natural Body it is in the Heavens
, and there to be Reserv'd till the Dissolution: Therefore
It cannot be broken nor eaten
. And as
for the Gravity of the
Church
of
England:
That She is fond of any New
Point
of Faith
, and that you say her own Children blames her. Alass, they do not understand the Subtilty of the
Spiritual and Temporal Adversary
, for God would not allow a Similitude of His own Presence, for God says,
What will you liken me to
? And when
Moses
Died, did not God hide him, and was it not because the People was naturally Inclin'd to
Idolatry
? And doth He not fill the Heavens and the Earth, and is He not in all Things else, and where was He before the Heavens were made? Is He not Almighty, and His being is in Himself, and who can conceive Him? For when He moves the Angels flee, and the Cherubims cover their Faces? For who is able to behold His Glory? What then will become of sinful man, since God is so Glorious that none can stand before him, if
Christ had not took Humanity upon Him
, and thereby made us partakers of
His Divine Nature, that we might be capable to partake of His Glory, in his Eternal Kingdom
? Therefore you that are Enemies to Christ and his Saints, I would intreat you (if ever you intend to be happy) to Repent, and do not be overmuch Conceited of
Your Infallibillity; for you see the Jews were Mistaken
, and do you think to be more
Infallible
than they that God planted with Miracles, which he never did yours? I know there is nothing Infallible but
God and His Eternal Word
, and I do really believe the Gates of
Hell shall not prevail against His True Church
, but is it any Argument that you must be that, because you have a Being in the World, and don't you know some may Die and yet Live, and the Fallen Angels were not destroyed, for God prepared a place for them; for there is nothing comes by Chance, for Gods Providence takes Care of all, and God will be Glorified of all. Therefore I would not have you to be deceived, but to Believe, for God tells you,
That Soul that sins shall die
, he doth not say,
That he shall go into Purgatory
, and that some Men of your Order
should Punish it, and when you think it is enough, a good sum of Money will send it to Heaven
. Doth not this Rob God of
His Power? And whereas He hath commanded
, that there should be no other Gods but
Himself
, doth not it make many?
For there is none hath power over the Soul but God, for is it not His own Breath
? But pray tell me where this place is, and which way they go to it,
and who it is that keeps the List of every Mans sins
? For certainly you must send some Trusty Messenger that must bring the List of their Iniquities safe, for else every sin will not be punish'd, and how do you know when they are, and who is he that can tell how many sins a man commits, for they are very cunning and may not confess all? And there be some things that Men count sin, which God may not, and some things which Men count not; how can you distinguish, I am very Inquisitive to know because I lov'd my late Soveraign, and I highly condemn you for your Unkindness, for if you had had any Charity, you could not have let him staid so long; but I hope God will deliver my Soveraign (that now is) that He shall never come under such Dominion. You stole away my Soveraign, and yet are not you Contented? Methinks this should have made you New Creatures, the Favour of such a Prince. But what disturbs you that you should be so Angry with us? What doth the Sun shine too bright upon you? Or doth God shew you too much Favour? Or have you got the Nature of the Fallen Angels, that did not know when they were Happy, or hath
Shaftsbury
left his Spirit for a Legacy, that you may carry on his Designs? Do not Disturb the Kings Peace, but rest Contented,
lest God Clips your Wings, and if you Fall, I hope you will have no more Resurections in this part of the World
. And tho others may prompt you, to be an Enemy to the
Church
of
England
, yet their Fall would be
your Ruin. But God be Thanked we have no need to Fear, for the King will not with-draw his Favour from us, neither shall
Men or Devils prevent it
.
And so GOD Save the KING.
A LETTER FROM
Mr. HUMPHRY HODY
, TO A FRIEND, Concerning a
Collection of Canons
said to be
Deceitfully
omitted in his Edition of the
Oxford Treatise against SCHISM
.
In which is likewise Contained An Offer of Certain
Propositions
to be prov'd by the
Advocates
for the New
Separation
. WITH A Vindication of the Authority of the
Civil Power
in
Depriving
such BISHOPS as refuse to submit to it.
Nemo vos, Fratres, errare à Domini viis faciat. Nemo vos Christianos ab Evangelio Christi rapiat. Nemo Filios Ecclesiæ de Ecclesiâ tollat. Pereant sibi soli qui perire voluerunt. Extra Ecclesiam soli remaneant, qui de Ecclesiâ recesserunt.
S. Cypr.
OXFORD, Printed by
L. Lichfield
, for
Ant. Pisly
Bookseller. 1692.
A
LETTER
FROM
Mr. HUMPHRY HODY
, TO A FRIEND. Concerning a Collection of Canons, said to be
deceitfully
Omitted by him, in his Edition of the
Oxford
Treatise against
SCHISM
.
Sir
,
A Day or Two ago, upon my Return out of the Country, I receiv'd your
Letter
, which had lain some time expecting me. In which you are pleas'd to advise me, concerning a
Report
industriously spread abroad, by the Abettors of our present
Schism
, That the
Treatise
against it, which I lately Translated out of the
Barrocian
MS. is
Partially
, and
Deceitfully
publish't; That there are some
Canons
belonging to it omitted, which would, if publisht, have
unravel'd
the Whole. I had heard of such a Report before I receiv'd your
Letter
, but I rather admir'd at the
Heat
and
Judgment
of those that first
perus'd
it, then thought it worthy to be taken notice off by me, and refuted. I could hardly believe, that they, that were the Authors of it, were really in
earnest
, when first the
Noise
was made; and, if they were in earnest, I knew that their Judgments were
determin'd
by so strong a
Biass
of
Resentment
and
Zeal
for a
Cause
, that all men must easily perceive it. I could not perswade my self, that any Person of common
Ingenuity
and
Candour
, could believe me guilty of so
dull
a Piece of
Knavery
, a
Knavery
so easily
discoverable
, and that by my own
Direction
. It was really very
entertaining
to observe, to what little
Arts
and
Shiftings
our Adversaries were reduc'd. I plainly saw by their
Passion
, and their holding up
dirty Hands
, that I had given 'em a
Fall
. And I could not wonder, that so
small
a Person as your Friend should be so
stigmatiz'd
, when even
Cecilianus
, the great Arch-Bishop of
Carthage
, was, by the Schismatical
Donatists
, call'd downright
Nebulo
.
Knave
, in a Letter to the Emperour
Constantine
; and that too, tho He himself had
Judicially
acquitted him, and declar'd him a worthy Arch-Bishop. 'Tis this is the
Humour
, and indeed the
Unhappiness
, of Mankind: If in your
Opinions
, or
Actions
, you chance to run counter to a
Party
, there is no expecting of
Quarter
: you are fallen in among
Rapparees
, and, if it lies in their power,
God have mercy upon you
, you will certainly
fall
by one
Weapon
or other; you must either be a
Fool
or a
Knave
. Where the
Bluntness
of the former will not
pierce
, there the
Sharpness
of the latter must be try'd. They will
stab
one at the
Heart
, if they cannot
knock
one on the
Head
. This they will be sure to endeavour to do: but the best of it is, it does often happen, that there's no one
hurt
but Themselves. I was confident it would prove so with me: I knew it was impossible, that the
Dirt
, wherewith I was so freely and bountifully
bespatter'd
, should
stick
long upon me, that a little
Time
would of course
dry
it off; and if not so, 'twould however come out by the least
Rubbing
. The Design of those, that first blew abroad that strange and
improbable
Rumour, was so obvious to all, that would give themselves leave to
Think
, that I could not imagine, any Persons of sound Understanding could possibly give Ear to it: The
Fort
I had
happily
rais'd was very
strong
and
impregnable, well-mann'd
with stout and unconquerable
Veterans
; and who could not see through so common and usual a
Stratagem
, as that of a
False Report
? What else could be done to keep up the
sinking
Spirits of the Adverse Party? It was necessary they should be
perswaded
, that tho there was an Appearance of many
Brave
Men upon the
Walls
, yet there lay in the
Town
conceal'd, a much stronger Party,
Well-wishers
to Them, that would shew Themselves shortly, discover the
Weakness
of the rest, and deliver up the
Place
.
These Considerations,
Sir
, made me altogether
secure
, and
regardless
of that
idle
and
unlikely Tale
: But you blame me, you say; I must not any longer despise it; It is still, as you tell me, continu'd, and by many believ'd. And the Author of a
Pamphlet
entitl'd,
An Apology for the New Separation, &c.
has made a publick Complaint of my
Disingenuity
in this matter? He says, he is
assur'd by his Friends in Oxford
, that that
Collection of Canons
, which follows our
Tract
in the MS. is a part of the
Tract
, and that it shews plainly, that the Author of the
Tract
, when he contends, That
A Bishop unjustly depos'd ought not to make a Division in the Church provided his Successor be Orthodox
, is to be understood of onely a
Synodical Deprivation
; By which he means, that the Author of the Treatise supposes, that, if a Bishop unjustly depriv'd, be depriv'd by a
Secular Power
, and not by a
Synod of Bishops
, then he is not oblig'd not to make a Separation. Upon this account, I see 'tis high time to
rowse
up my self a little, since
the Philistins are
so much
upon me
. I shall now,
Sir
, obey your Commands, in laying before you those
Canons
which our Adversaries so much boast off, and the
Reasons
why I did not publish 'em together with the Treatise; That you your self may judge what a
Nothing
that is, that has made such a
Bounce
; that 'tis onely
meer Powder
, that can hurt no one else but the Person that
Fires
.
In the first place,
Sir
, I must assure you, That when I transcrib'd our
Treatise
out of the
Baroccian
MS. I did it as an
Historian
, or a
Philologer
, or whatsoever else you will call it, not imagining then, I should ever send it abroad upon such an Occasion: If therefore the aforesaid
Canons
do truly belong to the
Treatise
, it is to be imputed to the
error
and
mistake
of my
Judgment
, and not to an
ill Design
, that they are omitted. I perus'd 'em, I remember, at that time, and they seem'd to me (as they still do) not at all to belong to the
Treatise
. They are written, I grant, in the same hand, and immediatly follow the
Treatise
, but (for God-sake!) what then? Are they therefore a part of the foregoing Treatise? What a wretched Judgment must that needs be, that can draw so strange a Conclusion? Here I cannot but return you that
Story
, which once, I remember, you told me, of that poor Country Person who would needs have the
Book-binder's Leaf
to be a part of his
Bible
: He was told, it came after the
Index
that was in that Bible, and was not at all to the Purpose; no matter for that, it was Printed, he said, in the very same Letter, and must therefore needs be a Part. If you pittied the
Simpleness
of that poor Man, what,
Sir
, will you say, when you see even
Learned
and otherwise
Worthy
Men so much prostitute their Judgments to
Resentment
and the
serving of a Cause
, that rather then not be
Reveng'd
on the
saucy
Publisher of so
pestilent
a Treatise, and supply their Adherents with an
Antidote
against it, they will let themselves down to the lowest degree of
Absurdness
? We grant that our
Treatise
and the
Canons
, that follow it, are written in a
Hand
somewhat different from the rest of the
Volume
: But what can be thence concluded? Are our Adversaries so extreamly Strangers to MS. Volumes, as not to know, that, as they consist very often of several Treatises, and of several Hands, so many times they have
two
Tracts together, or more, of one Hand? This is true in particular of that very Volume, out of which our
Treatise
was publisht. The other Parts of the Volume, besides our
Treatise
and the
Canons
, are not all written in the same Hand, but in several: In one Hand two or three Treatises, in another two or three Others; it being made up of the Pieces of several Volumes bound together.
First,
Sir
, it is to be observ'd, That he that Transcrib'd that Volume, out of which the Leaves of our
Treatise
and the
Canons
were taken, and put into that in which they now ly; He, I say, that Transcrib'd our
Treatise
and the
Canons
, seems himself to have took 'em for two distinct Pieces: For between the
Abstract
, or
Summary
, of the
Treatise
and the Beginning of the
Canons
, there is somewhat a
wider
Space, than between the Lines of the
Treatise
, or between the
Treatise
and the
Abstract
of it. And what (I pray) if the
Canons
had been written just close upon the Treatise? I can shew you some
Scores
of Examples of
Collections
or
Treatises
wholy distinct, so closely connected in the Writing, without any Note of Distinction, that no one, but he that reads 'em, can possibly take 'em to be distinct. Who so little acquainted with this sort of Learning, as not to know, that
Librarians
, or Transcribers of Books, were oftentimes ignorant Persons, that did not at all understand what they wrote, but, like
Horace's
Painter,
join'd
oftentimes
the Head of a Man to the Neck of a Horse
?
In the Second place it is to be observ'd, That the
Treatise
as it is in the MS. and as it is publisht, is thus concluded:
TO CONCLUDE ALL IN A WORD; ONE THING ONELY
was requir'd by the Church (
katholou gar eipein hen monon exēiteito hē ekklēsia
&c.) that the new Bishop should profess the same (Orthodox) Faith with the other that was depos'd, but as for other Complaints and Accusations, except it were Heresy, she never made any Examination into them
. What Person of so little Sagacity and Judgment, as not to see, that here the
whole
Treatise is ended?
In the Third place, I shall give you as clear and plain a Demonstration, as can possibly be brought for the Confirmation of any thing of this Nature. It is this: Between the
Conclusion
of the
Treatise
, and the foresaid
Collection of Canons
, there comes in, in the MS. the
Abstract
or
Summary
of the Treatise, which stands, as it were, for an
Index
, as 'tis publisht in
both
the Editions. I cannot but admire, how it possibly could enter into any Man's Head, that that is a part of the
Treatise
, which follows the
Abstract
or
Epitome
of the Treatise.
In the Fourth place, it is to be
observ'd
, and this is likewise as clear a Demonstration as any one can possibly desire, That the Canons which follow our Treatise are barely transcrib'd, not at all connected by any words of the Transcriber; Not a word of his in either the beginning, or the end, or mixt with 'em, as I know by comparing them with those that are Printed; When yet it is certain, that the Author of our Treatise does every where use his
own
Style. Neither does he make any mention, in any part of his Treatise, that he would subjoin any
Canons
. If the
Canons
had belong'd to the
Treatise
, 'tis absurd to imagine that the Author would have said nothing of 'em, not exprest his Design in transcribing 'em. And if he had produc'd 'em, as our Adversaries would have it believ'd, to shew that in the foregoing
Treatise
, he understood onely a
Synodical Deprivation
, why does he not somewhere say so? Why make no mention of a
Synodical Deprivation
? Why leave us to judge of his
meaning
by his
gaping
?
This News,
Sir
, I know, will surprize you, which I tell you concerning the
bareness
of the Canons, that they are
nakedly
transcrib'd, without any one Word added by the Transcriber; For you tell me, I remember, in your Letter, that they that talk of this Matter, are wont to bring this for an Argument that the
Canons
belong to the
Treastise
, That there are added some Words at the end of the
Canons
, which plainly refer to the
Treatise
. And for this, as you say, the Authority of a very great Man is wont to be quoted. Let me tell you,
Sir
, I can now
leap about
with a
heurēka
. It is true, The thing has been all along confidently affirm'd by a very great Man, as you very deservedly call him: But take my Word for't, You will hear no more of that Matter. I enquir'd,
Sir
, lately of that Learned and otherwise very Accurate Person, What Words those were which he meant; and I found he had mistaken a Part of the last of the Canons for the Words of the Transcriber. This is strange,
you
will say: I, for my part, shall say nothing of it; but leave it for others to judge. But this I must add, that the Words which were alleg'd by that Gentleman to be the Transcriber's own, supposing they were the
Transcriber's
, (as we know very well they are not) do contain nothing in 'em, that could prove the Transcriber to have been the same Man with our Author. There is nothing from whence it might be gather'd that the
Canons
did belong to our
Treatise
; not a
Tittle
from whence it might be prov'd that our Author therefore transcrib'd 'em, to shew that he meant a
Synodical Deprivation
. You will judge of this by and by, by reading the Words your self. You will easily see, that Men, whose
Eyes
have contracted a
Yellowness
(whatsoever otherwise their
Temper
or
Constitution
may be,) read every thing agreeably to the
Colour
in their
Heads
.
I come now lastly to the
Canons
themselves; Let them speak for themselves: We need nothing else to refute the strange
Fancy
and
Dream
of our Adversaries. The Argument, you know, of the
Treatise
, is to shew by many Examples, That it's
contrary
to the
Practice
of the
Antients
, for a Bishop unjustly depos'd to recede from the
Communion
of an
Ortho dox
Successor. Pray look with both Eyes, and see if you can possibly find in the
Canons
any thing truly pertinent to that particular Subject. The Argument and Design of them, is against private Conventicles without a lawful Presbyter: against a Presbyter or a Deacon's withdrawing from the Communion of his Bishop without a just Cause: that a Bishop being condemn'd by the Bishops of the same Province, it shall not be in the power of the Bishops of another Province to take the matter into their Cognisance: against such Presbyters as shall separate from their Bishops on pretence of some Crimes they can charge 'em with, before they be legally convicted: against such Bishops as shall pretend to condemn their
Metropolitan
, and to leave his Communion on pretence of his Vices, before he is legally condemn'd: and lastly, against such Metropolitans as shall act in like manner with relation to their
Patriarch
. I shall here translate you these Canons in the same order as they ly in the MS. In Doctor
Beveridge's
Synodicon
you may read 'em all in the Original.
Can. Apost. XXXI. If a Presbyter shall in contempt of his Bishop, gather a separate Congregation, and erect another Altar, his Bishop being not condemn'd
Not.
That the seeming supposition of this Canon, that its lawful for a Presbyter to recede from the Communion of his Bishop, and to set up an Altar against him, if he be a Vicious Person, is
unjust
, as
Balsamon
affirms, and contrary to the express declaration of other Canons of the Greek Church, and particularly one of those that follow. But I scarce doubt, but that they that compos'd the Canons, intended that the Bishop should be judicially and Canonically condemn'd for the Crime alleg'd against him by the Presbyter, tho the words,
mēden kategnōkōs en eusebeiai kai dikaiosynēi
, do not plainly express it.
by him for any Impiety or Injustice, let him be depriv'd as Ambitious. For he is a Tyrant. In like manner others of the Clergy that shall adhere to him. But let the Laity (that shall make themselves of his Party) be excommunicated. And let these things be done after three Admonitions given by the Bishop
. What is this (in God's Name!) to our Treatise? How does this prove our Author's Meaning to be of a
Synodical
Deprivation? What is this to the adhering to a Bishop not
Synodically Depriv'd
, in opposition to another put into his Place?
Can. Concil. Gang. VI. If any one in contempt of the Church shall gather a private Congregation, and do those things which belong to the Church, without a Presbyter appointed by the Bishop, let him be Anathema
. What relation could this Canon have to the design of our Author? It was made, as
Zonaras
tell us, against the
Eustathians
, who despis'd the Congregations of the Church, and set up Conventicles in their private Oratories; and here they are forbid to celebrate the Service of the Church, even in the private Chappels of their Houses, without a Presbyter appointed 'em by the Bishop. This our new
Recusants
would do well to observe.
Can. Concil. Antioch. V. If a Presbyter, or Deacon, shall in contempt of his Bishop separate himself from the Church, and set up a Conventicle, and erect an Altar, and not submit to his Bishop after a second Admonition, let him be depos'd, and let him be uncapable for ever of being restor'd to his Honour, and the Cure of Souls. And if he goes on to raise Troubles and Seditions in the Church, let him be punisht by the Civil Power as a Rioter
. How could this Canon be produc'd by the Author of our Treatise as pertinent to the Subject of it? What's this to a Bishop depriv'd by a
Lay Power
, and the leaving his Communion who is put in his place, which our Adversaries tell us is warranted by the Author of our Treatise?
The XVth Canon of the same Council. If a Bishop being accus'd of any Crimes, shall be condemn'd by all the Bishops of the Province, and all shall unanimously agree in the Sentence against him, he may not be judg'd again by others, but the Sentence past unanimously by the Bishops of the Province, shall be valid
. This Canon was made to prevent Appeals, which a Bishop depriv'd by the Bishops of the same Province of which he was, might make to some other Bishop, or Bishops, of another Province. Pray, tell me, how it makes to the Business and Subject of our Treatise. What
Lynceus
so very strong sighted as to see a Thing at that
Distance
?
Can. Concil. Carthag. XI. If a Presbyter through Pride shall make a Schism against his Bishop, let him be Anathema
. This is onely an Epitome of the XI. Canon of the Council of
Carthage
. What a rare relation it has to the particular Subject of our Treatise! What a plain Demonstration it affords, that the Author understands a
Synodical Deprivation
!
The XIII. Canon of the Council call'd the First and Second. The Devil scattering Heretical Seeds in the Church of Christ, and seeing them cut off at the Root by the Sword of the Spirit, has pitcht on another Method, and endeavours to divide the Body of Christ, by the Madness of Schismaticks: The holy Council, in order to prevent this Snare as well as the other, has decreed, That if any Presbyter or Deacon having condemn'd his Bishop for any Crimes, shall dare to depart from his Communion, and refuse to recite his Name in the Publick Prayers of the Church, according to the usual Custom, before he be Synodically tryed and perfectly condemn'd, that Person shall be depos'd and depriv'd of all his Honour in the Priesthood. For any one plac't in the order of a Presbyter, if he takes upon him to prevent the Judg ment of the Metropolitan, and to condemn and pass Sentence on his Father and Bishop, he is not worthy of the Honour or Name of a Presbyter. And they that adhere to such as have done so, if they are of the Priesthood, let them likewise be depriv'd of their Honour; if Monks, or of the Laity, let 'em be Excommunicated, till they leave the Schismatical Party, and return to their respective Bishop
. I shall pass a Remark on this, and the other two which follow, together.
The XIV. Canon of the same Council. If a Bishop upon charging his Metropolitan with a Crime, shall withdraw from his Communion, and refuse to recite his Name in the publick Service of the Church according to Custom, before he is Synodically tryed, the holy Council decrees he be depos'd, upon Proof that he made such a Schism. For all Men ought to observe their proper Duties, and the Presbyter must not despise his Bishop, nor the Bishop his Metropolitan
.
The XV. Canon of the same. What has been decreed concerning Presbyters, Bishops, and Metropolitans, the same is yet more reasonable with relation to Patriarchs. If therefore any Presbyter, or Bishop, or Metropolitan, shall dare to recede from the Communion of his Patriarch, and does not, according to Custom, recite his Name in the Publick Service of the Church, but makes a Schism before his Patriarch has been Synodically try'd, and perfectly condemn'd, the holy Synod ordains, That, upon Proof made of such a Schism, he be depos'd
.
Here being the Words which the Learned Mr. D---- took to be the Words not of the
Canon
, but the
Transcriber
.
And these things are ordained, and ratified concerning those who upon pretence of certain Crimes shall separate from their respective Bishops, and make a Schism, and break the Communion of the Church. For they that separate themselves from the Communion of their Bishop, for a Heresy condemn'd by the holy Fathers and Councils, he publickly professing and preaching the Heresy, shall be so far from being obnoxious to any Canonical Punishment, on the account of such a Separation, that they shall be honour'd as becomes true Believers. For in such a case they do not condemn true Bishops, but false Ones and they do not break the Unity of the Church by a Schism, but endeavour to deliver the Church from Schisms and Divisions
. Here ends the
Collection of Canons
. That which follows immediately in the MS. is altogether forreign both to them and the Treatise, a Fragment of a Story concerning
Artaxares
and
Chosroes
of
Persia
.
And now,
Sir
, you have read all the so much celebrated Canons, which have rais'd so great Expectation, and been made the common
Defence
of those that have been prest with the Authority of the
Oxford Antiquity
. When you light on any of the Adversaries of the
Oxford Antiquity
, pray shew 'em freely to them, and desire them to make their best of 'em: Much good may they do 'em. If you meet with any of 'em so very
Judicious
, as to lay any Stress on the Mention that is made, in these Three last Canons, of a
Synodical Deprivation
; pray desire them to be so just to you, as to give you a Reason. Let 'em give you a Proof that those
Canons
are a Part of the
Treatise
. Let 'em shew how it makes for their Cause, that in them there is mention made of a
Synodical Deprivation
; how it proves that the Author of our Treatise is onely to be understood of a
Synodical
Deprivation. Desire 'em but to open their Eyes, and then they will plainly see, that the whole Design of those
Canons
, is onely against a Separation from our Bishops, and the throwing off Canonical Obedience upon our own private Judgments and Pretences; that the Vices or Crimes of a Bishop ought not to be made an Occasion of a
Separation
, unless he be
legally
and fully condemn'd and depriv'd. This is still the Doctrine of our Church; and what we in
England
call
Legal
, the
Greeks
, when they spoke with relation to Bishops, call'd a
Synodical
Deprivation, 'cause the ordinary way of Depriving Bishops amongst them, was by the
Metropolitan
, and the rest of the Bishops of the Province; who,
by the Consent of the Emperour
, were constituted the
ordinary
Judges of the Causes of Bishops.
I shall here add, that it is easy for any Man of Judgment to observe, That therefore the
Canons
, which we have above produc'd, were by some Body tackt to our
Treatise
in the MS. because of some kind of Relation which they seem to have to the
General
or
Material
Subject of the Treatise,
viz. Schism
and
Bishops
, tho they have not any Pertinency or Relation to the
Formal
or
Particular
Subject of it,
The adhering to an Orthodox Bishop in possession, tho the former Bishop was unjustly turn'd out
. We know, that most of those MS. Volumes, which now our Libraries afford us, were nothing else but so many Volumes as it were of
Common Places
, in which Men of Learning and Study heapt together such Things as seem'd to them something akin. And hence it is, that in most Theological MSS. or at least in very many, you meet with
Canons
of Councils disperst up and down according to the Subject of the Treatise foregoing. Hence likewise many Fragments of the Fathers subjoin'd to Discourses of Divinity, and others out of the Historians subjoin'd to Historical Treatises, and the like. A Thousand Instances of this may be easily produc'd, if need were; but I shall not spend Pains and Paper in what will easily be granted by all that are acquainted with MSS.
I must not here omit, that besides the Copy of our Treatise which we ow to the
Baroccian
Volume, there is at this time extant another in
France
. It is mention'd by the famous
Cotelerius
in his Notes upon the Third Volume of his
Monumenta Ecclesiæ Græcæ
. He quotes it under the Title of a Treatise
Offendi pariter in opusculo nunc inedito, olim si Deus dederit edendo, De celebri Schismate ob Josephum Presbyterum, hæc verba
.
tauta heurētai en tōi tou hagiou Nikōnos deuterōi Bibliōi, en miai tōn Methodiou epistolōn
p. 645.
Concerning the famous Schism which was rais'd upon the account of
Josephus
the Presbyter
, and he says he intended to publish it. That that which he mentions is the same with our Treatise, appears by a certain Quotation of
one of the Epistles of Methodius out of the Second Book of Nico
, which is produc'd by
Cotelerius
out of it, and is in the very same words in our Treatise. Since I publisht the Treatise, I receiv'd this Observation from the Famous and Learned Mr.
Dodwel
. Now if any one is so very unwilling to be convinc'd, as not to be satisfied with what we have hitherto said, and he thinks it worth his Curiosity, he would do very well to desire an account of this
Copy
from some Body at
Paris
. It is, I suppose, to be found in the King's Library there, tho
Cotelerius
makes no mention where he had it. Five Hundred to One, but a Month or Six Weeks hence we may have a Report spread abroad, that Advice has been sent from
Paris
, that the aforesaid
Canons
are found in the MS. there in the self same manner as at
Oxford
. A spurious Letter, as from some considerable Man, the
Libra rian
himself, or some other, will do very well for that purpose. This would be but a very dull
Imposture
, since the Canons make nothing to the Purpose of the
Treatise
: However, I shall here let you know, that it often happens, that Two distinct MS. Copies of a Treatise have the same things subjoin'd at the end of their Treatise. And the Reason is plain,
viz.
Because they were either transcrib'd from one another, or are both
descended
from the same. I know, This is very Dry
Food
for a Person of so delicate and nice a
Digestion
as you are; But however I shall give you one Instance. We have here in
Oxford
amongst the
Barocian
MSS. a Copy of
Anastasius Sinaita (Nicenus
some men miscall him) his
Quæstiones Theologicæ
; at the End of which there are added many Fragments of several Authors, which by the manner of Writing you would take to be part of the
Work
: Another ancient Copy of the same
Work
is extant in the aforesaid Library at
Paris
, in which the same Fragments are exactly found, as I know by a particular account of that Volume which I have met with; And yet it is certain that the Fragments, we speak off, are not part of the Work of
Anastasius
, but annex'd to it by some ancient Librarian. Concerning the Schism which was rais'd upon the account of
Josephus the Presbyter
, of which there is mention in the
Paris
Copy, as the occasion of our Treatises being written, I shall tell you something by and by.
Before I utterly dismiss this Cause, I shall begg your leave to observe, that the
Council
call'd
First and Second
, to which the Three last of the Canons above translated, do belong, was a Council call'd under
Photius
the Patriarch of
Constantinople
; in which the said
Photius
, tho made a Patriarch by the Emperour, when
Ignatius
the Patriarch was
unjustly
depos'd by the Emperour's bare Authority, was receiv'd and own'd as rightful Patriarch, and that whilst
Ignatius
was living. And 'tis further observable, That that same Council consisted of so many Bishops as to be call'd by
Balsamon
, the learned Patriarch of
Antioch
,
oikoumenikē synodos
a General Council
.
And thus much,
Sir
, for our
Canons
. The next thing I observe in your Letter, is what you tell me concerning a very learned and elaborate
Answer
, which you say is ready to be publisht, and very much talkt on, against the
Oxford Antiquity
. As for that,
Sir
, It is no News to Me, and no more than I ever expected. You know, there must somewhat be said. That's a Business of course. And
Schism
is a Thing of so
ugly
and
horrid
an
Aspect
, that it is not a Wonder, if They that have rashly
espous'd
it, think fit to give it a
Paint
; tho all the World knows, It is not its Natural
Colour
, and it plainly appears to be
Dawbing
. We have been now so
Civil
and
Gentile
to our Adversaries, as to
clean
our selves of that
Dirt
, which they themselves cast upon us, before We are to enter upon the
Struggle
. You may tell 'em,
Sir
, We are ready and prepar'd to
close in
, whensoever they please to come on. We are not Concern'd at what you say, That They are Great Men,
Men of War from their Youth
. For what avail the greatest Abilities, what avails the strongest
Confederacy
, when a Cause is not capable of Defence? What avails a great deal of Strength, when, like
Mito
, they are caught in an
Oak
? It is not,
Sir
, to be admir'd, that they that are engag'd in this
Schism
are so little mov'd and perswaded by the many Examples of those Great and Excellent Bishops, which the
Oxford Antiquity
presents 'em. You cannot but know, of whom it was that St.
Jerom
uses those Words:
Mores meorum
, says he, in the Person of a Luciferian,
apprime novi, facilius eos vinci posse quam persuaderi.
I know very well their Temper, that 'tis easier to conquer 'em, than to perswade 'em
. 'Twas, you know, the
Luciferian
Schismaticks, of whom he speaks so. And St.
Augustine
, I remember, makes
Totum sermonem meum tanquam mutus audivit.
Retract. l.2. c.51.
Multa diximus etiam fatigati, & tamen Frater noster, propter quem ista dicimus vobis, & cui pariter dicimus, & pro quo tanta agimus, adhuc consistit.
Lib. de Gestis cum Emerito.
Complaint of
Emeritus
, the Champion of the Schismatical
Donatists
, that, tho in the Conference between 'em, he was so far Confounded, as not to have a Word to say, yet he still continu'd in his Schism, as if He himself had been Conquerour. As it is a particular
Complexion
, and a great and strong
Temptation
of either
Resentment
or
Ambition
, or the
tickling Satisfaction
of being at the Head of a Party, that must hurry a Man on to so great a Sin as a
Schism
, so it must be a peculiar
Grace
that reduces one. It is not your carrying a
Light
, that will make a Man follow you; not the shewing him the
Road
, that will make him go
right
, unless he has a
Will
to be
directed
. It is therefore, I say, no matter at all of Wonder, if those many Examples and Authorities of the
Oxford Antiquity
have not met with that agreeable success which a Man unconcern'd might very well have expected: And, when I tell ye, We are ready to assert and defend that
Doctrine
, which our
Treatise
advances against all the Opposition which our Adversaries threaten, We are far from engaging to open a way for it to our Adversaries
Hearts
. That, I fear, is scarce to be expected; more especially of those whose Pens are now engag'd in the Defence of their Schism: For they
by
Writing
, still make it more hard to be convinc'd, and
suck
, like the
Orator
of old, a fatal
Poison
out of their
own
Pens. In short,
Sir
, I must tell ye; The
Place
, before which we ly, has, to Me, no other Appearance (you will pardon,
Sir
, the
youthful
Comparison) but that of a
Castle Enchanted
, and I shall not pretend to be so
Romantick
a
Champion
as to force it to a
Surrender
. Tho we know all the
Arms
it can possibly make use off, are very
Weak
and
Insignificant
; tho the
Walls
, that look towards us, are extreamly
thin
, and without any manner of
Foundation
; Whatsoever our
Weapons
may be, or our
strength
and
dexterity
in using 'em, There is still a
SPIRIT
within, that will keep it from being
taken
. Yet this I shall dare to pretend to; I shall dare engage to discover the
Weakness
of the Place, and to Throw up such
Works
round about it, as may hinder, like a
Circle
, the
Sallies
of the Obstinate
Spirit
, and secure all those, that are yet
without
, from the
Charms
it may lay upon 'em.
That We may not run on and mispend our Time, and Abuse the Patience of our Readers by Discourses not properly pertinent and close to the Matter depending; When you meet with any of our
Learned
Adversaries, the
Emeriti
of this Schism, who, you say, are publishing an
Answer
to our Treatise, and writing a Defence of their Revolt, Be pleas'd,
Sir
, to
desire 'em to demonstrate, if they can, the Two general
Propositions
which follow.
1.
That the Civil Government has not any Authority in it self to deprive a Bishop of his Bishoprick, who refuses to own it, and to submit to it
. And here they are desired to consider, that the
Civil Power
or the
Temporal Governor
are no less of God's own Institution than
Bishops
or the
Governors of the Church
, that both are equally
Jure Divino
with this onely difference, that the former are instituted by God for our Peace and Happiness here in this World, the latter to conduct us to Happiness in that which is to come; That the
Secular
Government is antecedent to the
Spiritual
; That when Christ came into the world to establish a Church, he came not to abolish any Law that was necessary for the support of the Secular Government, not to set up a Church that was any ways opposite to it; But that he himself submitted to the Secular Government which he found establisht, and commanded his Followers to do so; That after his Death the Apostles likewise did so, and commanded likewise all their Followers and Successors to do the same, to submit to the Temporal Power
as the Ordinance of God
. It is plain that our Saviour by establishing a Church, intended the establishment of such things onely as might well consist with the Safety and the
Essentials
of Government. From hence it follows, that none has receiv'd any Power or Commission from Christ to preach the Gospel, or to preside over the Church in any Country, but with this
Supposition
, and on this
Condition
, that he own and submit to the Temporal Government which God has ordained in that Country. It is, I say, with this
Supposition
, That he gives his Bishops, and his Ministers, a Commission to preside over the Church, and to preach his Gospel in such or such a Country; It is upon the same Condition that the Church appoints 'em to preside or preach in that Place; and it is upon the same Condition that they are receiv'd, allow'd off, and protected by the State. If therefore they fail of the Performance of that necessary Condition, their
Commission
then ceases as to that particular Government, which they cannot, or will not submit to. They become Deprivable by the State, and the Church is to constitute others who are willing to submit to the State, and whom the State shall approve of as fit to be trusted by it in that Post. Thus for Matters of Heresy; Christ has given no Authority to any to preach in his Name, or to govern in his Church, but on this
Condition
, that they preach and maintain the true Faith. If that
Condition
be not observ'd, the Church is then to deprive 'em. In the Case of Heresy it belongs to the Church to Deprive, that being the proper Judge of that Question, What is the true Faith? In the Case of Rebellion, or of Non-submission to the Government, it belongs to the Government, as being the proper Judge of what is necessary for its own Support.
I lay down this as a
Principle
, on which both the Power of the Church, of Depriving for
Spiritual
, and likewise the Power of the State, of Depriving for
Political
Crimes, does depend.
Query
, What Security the
Civil Government
, which is God's own Institution, and antecedent to the
Ecclesiastical
, can have, if a Bishop, that refuses to own it, and submit to its Authority, may not be Depriv'd by it? What Security can it have, Especially considering, that Men of that Character are generally Persons of very great Power and Authority, and may easily go a great way in the Subversion of a Government, by the Influence of their Eloquence, and their great Reputation for Learning and Piety? In such a Case is the Bishop to be Depriv'd by a Synod of Bishops? Here a Second
Query
will follow. What if
all
the Bishops, that are under a Government should conspire against it? And what if we suppose, that there's onely one Bishop within the Bounds of that Government, a thing that has often happen'd; What must be done in that Case? Will our Adversaries grant, that supposing a Bishop should conspire against the Government or Rebel, the Government has Authority to imprison him, or to banish him; but not to
Deprive
him of his Bishoprick, so as that another may be plac'd in his See? If this be the Plea of our Adversaries, I shall then desire to be satisfied in one
Query
more. How does this consist with the Nature and End of Church Government? How can He continue a Pastor that is
utterly
banish'd from his Flock, and render'd
utterly
uncapable of doing the Duty of his Charge? Shall the Neighbour Bishops be his Delegates, and act by his Power and Authority? But what if we recur to our former Supposition, that all the Bishops of a Kingdom are Rebels? When they are all banish'd by the State, who then must govern the Church? Who
ordain
, and do other Duties that are proper to a Bishop? Or supposing that there is but one Bishop; when he is sent into perpetual Banishment, how must his Office be supply'd? When in the first Planting of the Christian Religion in the several Parts of the World there was onely one Bishop in a Country, as at first in many Countries there was onely one, if that one had been banish'd for Rebellion, pray, what should the Christians there planted have done? Should they have liv'd without Bishop during all his Life that was banish'd, or ought they not rather to have got a new one to govern 'em, to supply the Church with inferi our Clergy, and the like? Here,
Sir
, I shall put you in mind of those words of the great St.
Chrysostom
, which are urg'd in the Preface to the
Oxford Antiquity
; when he was unjustly banish'd he charg'd his People, That
as they hop'd for Salvation
, they should be obedient to that Bishop who should succeed him as to himself,
For the Church
, says he,
cannot be without a Bishop
. And yet it is certain, that that great Man did never
resign
his Bishoprick, but continued to act as a Bishop of the Catholick Church during all the time of his Banishment, that is, as long as he liv'd. I shall onely add, that if the Banishment of a Bishop be no design'd to be perpetual, as that of St.
Chrysostom
was, but onely for a Time, then there may not be any Necessity that another should be plac'd in his See. And this was the Reason, why, when St.
Athanasius
, the Patriarch of
Alexandria
, was banish'd by the Emperour
Constantine
, there was no new Patriarch created. That He was banish'd onely for a Time, and that the Emperour
Constantine
intended to recall him, and to restore him to his Bishoprick, is expressly attested by the Younger Emperour
Constantine
in his
Toigaroun ei kai ta malista
&c.
Jam cum imprimis vestræ in Deum pietati, suæque Sedi hunc Episcopum Dominus Deus noster & Pater Constantinus restituere vellet, & humana forte preventus, antequam hoc votum impleret, requieverit, ego mihi convenire puto, ut suscepta voluntate sacræ memoriæ Imperatoris, id ipsum adimpleam, quod ille non potuit.
Apud Athanasii ad Imp. Const. Apolog.
p. 806.
Letter to the Church of
Alexandria
, by which he restores him to his See. Who adds, that he himself by restoring him, did onely fulfil his Father's Will: who, he says, would have done it himself if he had not been prevented by Death. And Pope
Julius
in his
Synodical
ho tote ou gegonen, ou de eis Gallias autou apostalentos egegonei gar an kai tote, ei ontōs ēn katagnōstheis amelei epanelthōn scholazousan kai ekdechomenēn auton tēn ekklēsian
heōrei.
Ap. S. Athan. Apol. ad Imp. Const.
p.
784.
Epistle
to the
Synod of Antioch
, concludes, That the Emperour
Constantine
did not fully and perfectly condemn
Athanasius
, because there was no one put into his Place, during the time of his Banishment. If, says he, He had fully condemn'd him, his See would have been dispos'd of to another.
The Solution,
Sir
, of these
Queries
, which I have propos'd, will prove, if I am not mistaken, a work of no great Ease. I should gladly see the
Knot
fairly
untied
, without any
Cutting
and Violence. We will see on the contrary, if you please, how easily those
Knots
may be
loos'd
, which our Adversaries are wont to present us, as the greatest effects of their
Skill
.
Ob.
1. How does it consist with the Safety of the Church and of Religion, if the Secular Governour has Authority to turn out a Bishop? Then all Bishops may depend on his Sentence, and the Church and Religion be
precarious
. An
Orthodox
Bishop may be depos'd, and a
Heretick
placed in his See.
Ans.
It cannot be avoided but that the Church and Religion must be always, in some measure, Precarious, and depend upon the Civil Magistrat. If the Governour be an Enemy to Religion, there is no avoiding Oppression, wheresoever we lodge the true Power of Depriving a Bishop. Now to answer directly the Objection: If the Civil Governour should turn out our
Orthodox
Bishops, and put in
Hereticks
in their Places, or put in none at all in their places, then the Church is obliged to adhere to the old Ones turn'd out, or, if there be a necessity, to procure new Ones that are
Orthodox
. Thus if the Civil Magistrat should forbid the Christian Religion to be preach'd in his Country, he is not to be obey'd, because it is the Will of our Saviour that his Gospel should be preach'd to all Nations, as far as the Preaching of it does consist with those
Rules
that are truly
essential
to Government. And when
Decius
the Emperour aim'd to root out the Christian Religion in the City of
Rome
by destroying the Bishop
Fabianus
, and forbiding that any new Bishop should be Created in his Place; there was no Obligation on the Christians of that Church to obey his Will or Decree, since they did not pretend to choose such a Person as refus'd to submit to his Government. And therefore, tho they defer'd the Election of a new Bishop for above Sixteen Months, for fear of the Emperour, who then resided at
Rome,
Propter rerum & temporum difficultates
, as the
Clergy
tell St.
Cyprian
in a Letter, yet as soon as the Emperour was engag'd in a Civil War, and had therefore remov'd from that City, they set about an Election, and plac'd
Cornelius
in the Chair. This Principle will secure Religion from depending on the Will of a Governour no less than that of our Adversaries, who would have Bishops to be Deprivable onely by Bishops. That likewise may have its ill Consequences, for what if those Bishops, who are suppos'd to Deprive another, should themselves be Heretical, or no true Friends of the Church?
This Rule is still to be observ'd, that neither the
Civil
nor the
Ecclesiastical Power
may so far
usurp
upon one another as to lessen that Authority which is necessary for the
Subsistence
of Each. Where on either side their Pretensions exceed their due Bounds, there all there Authority ceases. We must neither erect a
Protestant
Popedom, nor yet an
Erastian
Kingdom: Not so
interpret
one
Text
as
to
make it
fall out
with another. There is, as in other Things, so likewise in this, a sort of an
Analogy of Faith
: As they both proceed from God, so they cannot in their own Natures disagree in the least. Neither must there such
Maxims
be advanc'd as may make 'em
wage War
with one another. So to order the
Temporal
Government as not to have Regard to the
Spiritual
, is
Prophaness, Irreligion
and
Atheism
; and to lay down such Rules in Favour of the
Spiritual
as that it may
Top
upon the
Temporal
is no less a
Crime
than it is a
Vanity
. In a Word: He cannot
give to God
all
the Things that are Gods
, that does not
give to Cesar the Things that are Cesars
.
Ob.
2. But it is not in the power of the Civil Government to take away that which it could not give, the
Orders
and Character of a Bishop.
Answ.
This Objection supposes that when a Bishop is depriv'd of his particular Bishoprick, his
Orders
are taken away, and he is not any longer a Bishop. If the thing be so; look they to it, who refuse to submit to the Civil Government which God has set over 'em. It appears from what has been said, that our Saviour has given no Commission to exercise the Office of a Bishop in such a particular Place, but to such as submit to the Government of that Country in which they reside: and if they are not Bishops but in that one Place where first they were design'd to preside, if they have not (I say) any larger Commission, then whenever they refuse to acknowledge the Civil Government, their whole Commission is void, and they are not any longer Bishops. They are not depriv'd of their Orders by the Civil Power, but their Commission which they receiv'd from Christ to exercise the Office of a Bishop in that particular Place, is of it self void, as being given only on
Condition
, as soon as they
appear
to be Enemies to the Government, and are so declar'd. Look they, I say, to that. But it is not our opinion, that a Bishop is utterly
Degraded
whensoever he is justly
Depriv'd
. Neither is it agreeable to the Notions and Practice of our Church. For if the Character of a Bishop does depend upon the having a Bishoprick, how can a Bishop remain a Bishop after Resignation? How can he be restor'd after (lawful) Deprivation without a new Ordination? How can he be translated without a new Ordination from one Bishoprick to another, if, when he was Ordain'd, he was only Ordain'd to this or that particular Bishoprick? How can he
Ordain
, or do the Offices of a Bishop, out of his own Diocess? If the People of his City or Diocess should be all destroy'd by Wars, or be utterly disperst and lost, how can he remain invested with the Character of a Bishop? And as it is not agreeable to the Doctrine and Practice of our Church, so neither to the general Notions and Practice of the Ancients, as shall easily and plainly be made out, as soon as Occasion is given. At present it will be enough, to remind you of what is above observ'd concerning St.
Chrysostom
.
Tho it be not my Design at present to enter upon the Authority of the Antients, yet I cannot forbear to take notice of a very strange Weakness of Judgment (for so I must call it) which
Lucifer Calaritanus
has discover'd in his Books to the Emp.
Constantius in behalf of St. Athanasius
. He affirms, amongst other things, that another Bishop ought not to be put into St.
Athanasius's
Place, as was done at that time, because
Athanasius
was living. By which he seems to intimate that a Bishop could not be at all
Depriv'd
; but his meaning is, that he could not be Depriv'd by the Emperor. So he says:
Persequeris eum per quem te audire præceperit Dominus, agente eo in rebus humanis, cohæreticum tuum Georgium mittis Successorem, cum tametsi fuisset liberatus jam Athanasius & corpore (l.è Corp.) tibi non licuerit mittere, sed fuerit ac sit in Dei manu, quem fuisset dignatus populo suo antistitem instituere, per servos viz. suos, hoc est Catholicos Episcopos. Neque enim possit impleri virtus Spiritus Sancti ad Dei gubernandum populum, nisi is quem Deus allegisset, cuiq manus per Catholicos Episcopos fuisset imposita,
(hic deest aliquid,
è corpore liberetur,
aut quid simile)
sicut defuncto Moyse, impletum Spiritu Sancto invenimus Successorem ejus Jesum Naue. Loquitur Scriptura Sancta, dicens, & Jesus filius Naue impletus est spiritu intelligentiæ. Imposuerat enim Moyses manum super eum & audierunt eum Filii Israel, & fecerunt secundum quod mandavit Dominus Moysi. Conspicis ordinationi Dei te obviam îsse, contra Dei faciendo voluntatem, temet mucrone gladii tui jugulatum, siquidem non licuerit ordinari nisi fuisset defunctus Athanasius, & defuncto Athanasio, Catholicus debuerit per Catholicos ordinari Episcopos.
lib. 1.
But how does he prove it? He does not pretend to Tradition, or to lay it down as the Doctrine of the Ancients; but so he thinks fit to say, as being too angry to allow the Prince any
Prerogative
, and he proves it from hence, that
Josuah did not succeed Moses till Moses was dead
. What a strange Demonstration that is! Yet so bad as it is, it holds as well against a Deprivation by Bishops, and likewise against a Deprivation
by the People of the Diocess
, which
Lucifer
himself in another place owns to be lawful, as against a Deprivation by the Prince: and so bad as it is, it is full as good, as a great many other Arguments, which are urg'd from the Scripture by that over Passionat, tho Orthodox, Bishop. It is true, that the Emperor did very ill in turning out St.
Athanasius
unjustly, and in putting in a Heretick into his Place. This we know. It is likewise true, that our Author deserv'd very well for his Zeal against the
Arian
Hereticks: But this however I must say, that he manages the Cause with much more
Heat
and
Irreverence
than
Judgment
. We may dare to affirm he had no great stock of the latter: And it is not at all to be wonder'd at, that He afterwards prov'd a
Schismatick
. Tis further alleg'd by the same Author against the said Persecuting Emperor, that instead of being a Judge in the Cause of a Bishop, he ought by the Law of God to be
Condemn'd to Death
for not submitting to the Doctrin of the Catholick Bishops. And this he proves from that place in
Deuteronomy
where God commands, that they that did not obey the
Priests
should be put to death; tho the Text be no other than this: (
Deut.
17.12.)
And the Man that will do presumptuously, and will not hearken unto the Priest (that standeth to minister there before the Lord thy God)
nor unto the Judge,
even that man shall dy, and
thou
shalt put away the evil from Israel
. After all I must add, That the Cruelty of that Emperor
Constantius
to the Catholick Bishops, may be pleaded to excuse both
Lucifer
, who himself suffer'd Banishment, and also some other Bishops of that Age, who were so far provok'd as to deny that the Emperor had any Authority at all over Bishops; For, as
Solomon
says,
Oppression maketh a Wise man mad
.
Here,
Sir
, it comes into my mind, what you mention in your Letter concerning St.
Cyprian
, That there's nothing more usual with the Advocates for the New Separation, than to plead upon all Occasions the Authority of that excellent Father. 'Tis,
Sir
, a
merry
Question, that which you are pleas'd to ask me, Whether ever he wrote a Treatise by way of
Prophecy
for the Cause of our Adversaries? One would think so, you say, by the Confidence and Triumph of those that are wont to quote him. I shall answer you,
Sir
, in short, but with a great deal of
Seriousness
, that there is not a Word in St.
Cyprian
that makes a
Whit
for their Cause. I will give you, according to your Desire, a particular account of the meaning of all those Passages, which you say are usually alleg'd, and of the Occasion why they were written. You will then see, that even the greatest and learnedest men (for such, you tell me, some of the Quoters of St.
Cyprian
are) are in some respects no better than the
Many
; that when they are
drowning
and
sinking
, they will catch at
Straws
no less than other People.
The Words which you say are commonly quoted by our Adversaries out of St.
Cyprian
are
1. That a
Bishop cannot be judg'd by another
, but that Christ alone, who set him over the Church,
has power to judge of his Actions
.
Superest ut hac ipsâ re singuli quid sentiamus, proferamus; neminem judicantes, aut à jure Communionis aliquem, si diversa senserit, amoventes. Neque enim quisquam nostrum Episcopum se Episcoporum constituit, aut tyrannico terrore ad obsequendi necessitatem Collegas suos adigit, quando habeat omnis Episcopus pro licentiâ libertatis & potestatis suæ, arbitrium proprium; tamq judicari ab alio non possit, quam nec ipse potest judicare. Sed expectemus universi judicium Domini nostri Jesu Christi, qui unus & solus habet potestatem & præponendi nos in Ecclesiæ suæ gubernatione, & de actu nostro judicandi
.
These Words are in St.
Cyprian's
Preface to the Synod of
Carthage
. The Occasion of them was this: There was a Controversy between St.
Cyprian
and Pope
Stephanus
of
Rome
, concerning the
Rebaptizing
of such as had been Baptiz'd by Hereticks or Schismaticks. St.
Cyprian
and the
Synod
were for it. But they would not, they say, take upon 'em to Anathematize those Bishops that did not agree with 'em in that Matter; but would leave it to them to act according to their Judgments, and would let the Matter alone to be fully determin'd by Christ at the Day of Judgment, he being the proper Judge of the Actions of Bishops in a Thing of that Nature.
2. That a Bishop ought not to be prescrib'd to in the ordering of the Affairs of his Church, but that he is to govern according to his own Judgment, and
to give an account of his Actions to God
.
Hæc ad conscientiam tuam, Frater carissime, & pro honore communi, & pro simplici dilectione pertulimus, credentes etiam tibi pro Religionis tuæ & fidei veritate placere, quæ & religiosa pariter & vera sunt. Cæterum scimus quosdam quod semel imbiberint nolle deponere, nec pro positum suum facile mutare, sed salvo inter Collegas pacis & concordiæ vinculo, quædam propria, quæ apud se semel sint usurpata, retinere: Quâ in re nec nos vim cuiquam facimus aut legem damus, cum habeat in Ecclesiæ administratione voluntatis suæ arbitrium liberum unusquisque Præpositus rationem actûs sui Domino redditurus.
Epist.
71.
These Words are spoken on the same occasion, and in the same sense, in a Letter to Pope
Stephanus
, wherein he gives him an account of what had been Decreed by the
Synod of Carthage
.
They are spoken likewise upon another, but a like Occasion, in his
Epistle
to
Magnus
, who had sent to know his Judgment concerning such Persons, as, being converted to the Faith in the time of Sickness, were Baptiz'd by
Sprinkling
onely, Whe ther they ought to be lookt upon as perfect Christians?
Quâ in parte nemini verecundia & modestia nostra præjudicat, quo minus unusquisq; quod putat, sentiat, & quod senserit, faciat. Nos quantu concipis mediocritas nostra, æstimamus &c. Rescripsi, Fili carissime, ad literas tuas, quantum parva nostra mediocritas valuit, & ostendi quid nos, quantum in nobis est, sentiamus, nemini præscribentes, quo minus statuat, quod putat unusquisque Præpositus; actus sui rationem Domino redditurus, secundum quod B. Apostolus in Epistolâ suâ ad Rom. scribit, ac dicit: Unusquisque nostrûm pro se rationem dabit; non ergo nos invicem judicemus.
Epist.
69
He resolves him in the Affirmative, but with a great deal of Modesty: And he leaves it to other Bishops to act according to their Judgments. He would not
judge
another that should not agree with him in it.
And likewise in his Epistle to
Antonianus
, where he says, That some of the Bishops of
Africa
before his Time, thought it unlawful to re-admit into the Church a Person excommunicated for Adultery; but they did not however pretend, to condemn other Bishops that were of a different Opinion, and who practis'd accordingly.
Et quidem apud Antecessores nostros quidam de Episcopis istic in Provincia nostrâ dandam pacem mœchis non putaverunt, & in rotum pœnitentiæ locum contra adulteria clauserunt; non tamen à Co-episcoporum suorum Collegio recesserunt, aut Catholicæ Ecclesiæ unitatem vel duritiæ vel censuræ sua obstinatione ruperunt; ut quia apud alios adulteris pax dabatur, qui non dabat, de Ecclesiâ separaretur. Manente Concordiæ vinculo, & perseverante Catholicæ Ecclesiæ individuo sacramento, actum suum disponit & dirigit unusquisque Episcopus, rationem propositi sui Domino redditurus.
Epist.
55.
As also in an Epistle to
Cornelius
Bishop of
Rome
, wherein he complains, that some of his Factious Presbyters, who had been condemn'd by the Bishops of his Province, were fled to
Rome
to have their Cause heard by
Cornelius
, when (as he says) it was contrary to the Constitutions of the Church, and likewise to reason and equity, that a Cause should be try'd in any other
Province
but that where the Crime was committed; and that the Bishops of that Province are to give an account of their Actions to God, and not to other Bishops.
Nam cum statutum sit ab omnibus nobis, & æquum sit pariter ac justum, ut uniuscujusq causa illic audiatur, ubi est crimen admissum, & singulis Pastoribus portio gregis sit adscripta, quam regat unusquisque & gubernet, rationem sui actûs Domino redditurus; oportet utique eos, quibus præsumus, non circumcursare, nec Episcoporum concordiam cohærentem suâ subdolâ & fallaci temeritate collidere, sed agere illic causam suam, ubi & accusatores habere & testes sui criminis possint; nisi si paucis desperatis & perditis minor videtur esse auctoritas Episcoporum in Africâ constitutorum, qui jam de illis judicaverunt, & eorem conscientiam multis delictorum laqueis vinctam judicii sui nuper gravitate damnarunt.
Ep. 59.
3. That a Bishop has
Deum solum judicem
, and
Deo soli debet se judici
.
These are not the Words of St.
Cyprian
, but of the
Clergy of Rome
, in their Answer to him concerning the Receiving of the
Lapsi
into the Church:
Quanquam bene sibi conscius animus, & Evanglicæ disciplinæ vigore subnixus, & verus sibi in Decretis cælestibus testis effectus, soleat solo Deo judice esse contentus, nec alterius aut laudes petere, aut accusationes pertimescere: tamen geminatâ sunt laude condigni, qui cum conscientiam sciant Deo soli debere se judici, actus tamen suos desiderant, etiam ab ipsis suis Fratribus compro, bari. Quod te, Frater Cypriane, facere non mirum est, qui pro tuâ verecundiâ & ingenitâ industria, consiliorum tuorum non tam judices voluisti, quam participes inveniri, &c.
Ep. 30.
In which, they applaud his Modesty in writing to them for their Judgments, when he was not at all oblig'd, but had power as a Bishop to act in a thing of that nature according to his own judgment, and was bound to give an account of his Actions in that Affair to God alone, not to any other Church.
4. That all Acts of the Church ought to proceed from Bishops.
These Words are gather'd out of the 33. Epistle
to the
Lapsi
: Wherein he complains of the boldness of some factious Presbyters of his, who had taken upon 'em in the time of his Retirement to admit the
Lapsi
to Communion by their own Authority without consulting him, and in writing to him had pretended to write in the name of the
Church
.
After he had said that the power of Binding and Loosing was committed to the Apostles, he subjoins,
Inde per temporum & successionum vices, Episcoporum ordinatio, & Ecclesiæ ratio decurrit, ut Ecclesia super Episcopos constituatur: & omnes actus Ecclesiæ per eosdem actus gubernetur. Cum hoc itaque Divinâ lege fundatum sit, miror quosdam audaci temeritate
, &c.
He briskly asserts the Authority of Bishops; he tells 'em that the Church consists in the Bishop, the Clergy and the People; and that in the Receiving of the
Lapsi
into the Church, it was necessary there should be the
concurrence
of the Bishop who had the power committed to him of
Binding
and
Loosing
.
5. That it is an extream Insolence to pretend to pass judgment on a Bishop.
This he says with relation to private Persons, who pretend so to judge their Bishop as to leave his Communion if they think him unworthy to govern in the Church.
Inde enim Schismata & Hæreses obortæ sunt & oriuntur, dum Episcopus, qui unus est, & Ecclesiæ præest, superbâ quorundam præsumptione contemnitur, & homo dignatione Dei honoratus, indignus ab hominibus judicatur. Quis enim hic est superbiæ tumor, quæ arrogantiæ animi, quæ mentis inflatio ad cognitionem suam Præpositos ac Sacerdotes vocare; ac nisi apud te purgati fuerimus, & sententiâ tuâ absoluti, ecce jam sex annis, nec Fraternitas habuerit Episcopum, nec Plebs Præpositum, nec grex Pastorem, nec Ecclesia Gubernatorem, nec Christus Antistitem, nec Deus Sacerdotem?
&c.
Ep. 66.
He writes it to
Pupianus
a Confessor, who upon the account of some very ill things which St.
Cyprian's
Adversaries had maliciously accus'd him off, as committed before he was a Bishop, had withdrawn himself from his Communion.
6. That to make ones self the Judge of a Bishop is to pretend to judge God himself.
What he has to this purpose, is in the foresaid Epistle to
Pupianus
, and upon the foresaid occasion. He tells him that God, who, according to the Scripture, extends his Providence even to Sparrows, does in a particular manner concern himself in the Election of a Bishop, and therefore since himself was duly Elected,
Pupianus
took upon him to oppose the
Judgment
of God, in pretending to judge him unworthy.
Lastly
, That a Bishop that invades another's See is no Bishop.
Et cum post primum secundus esse non possit, quisquis post unum qui solus esse debeat, factus est; non jam secundus ille, sed nullus est.
Ep. 55. Ad Anton.
What is this to our Case? He speaks those words concerning
Novatianus
, who had violently invaded the See of Pope
Cornelius
, a good and innocent Man, one that had never been Depriv'd for any Fault, and who never refus'd to acknowledge the Emperour's Authority. Our new Bishops are not
secundi
, but
soli
, since the old Ones are Legally Depriv'd.
I must here observe, that among all the Fathers there is no one speaks more for the Concurrence and Consent of the
Laity
in Matters relating to the ordering and governing of the Church, than our Author St.
Cyprian
. He declares in many places, that he would not do any thing in this or that Matter relating to the Church, till he had consulted both his Clergy and
Laity
, as particularly in the Case of the
Lapsi
. And he thinks it not onely convenient, but necessary for a Bishop to do so. For He, together with his Synod, call
See Epist.
64.
Therapius
, a Bishop, to account, and severely reprimand him, for presuming to admit into the Church a Presbyter, that had
laps'd
, without the Consent of the
Laity
, From this Example it is further observable, that, tho St.
Cyprian
speaks so much for the Equality of Bishops, and that they are not responsable to one another for what they do as Bishops, as in the Case of the
Lapsi
; yet neither his own, nor the general practice of his Age, did truly agree with what he says. By what Authority did St.
Cyprian
, and his Synod, pretend to call
Therapius
to account, a Bishop as well as themselves? How could they pretend to have Power to turn that Presbyter again out of the Church, as they plainly intimate they had? They deriv'd, you will say, this Authority from the
Consent of the Church
. So Patriarchs, Metropolitans, ArchBishops are set over Bishops by the
Consent of the Church
, tho' by Christ's Institution all Bishops are equal.
Query
, Whether the
Consent of the Church of England
(were there nothing else to be alleg'd) be not enough to justify a Lay-Deprivation? If a Patriarch or Metropolitan can Deprive a Bishop by the Authority of the Church, why may not a
Lay-Judge
do the like?
I shall close this Discourse concerning the Authority of that Father, with that Question or Expostulation which I find in St.
Augustine
his 48. Ep. to
Vincentius
, the
Rogatist
, (a Sect of the Schismatical
Donatists
) who had laid a great deal of Stress on the Authority of that Father for the Doctrin of
Re-Baptism: If you are delighted
, says he, (and so say I to our Adversaries)
with the Authority of the holy Bishop, and glorious Martyr
Cyprianus,
which we do not hold to be equal to the Authority of Scripture, why do you not imitate him in this, that he held Communion with the Catholick Church spread over all the world, and defended the Unity of it by his Writings
? In the same Epistle having quoted that place of St.
Cyprian
where he praises those
African
Bishops that refus'd to re-admit Adulterers into the Church, yet did not break the Peace of the Church, and separate from those that were of a different Opinion, he adds, what likewise we may well say to our Quoters of St.
Cyprian: What say you to this, Brother
Vincentius?
You see that this Man, this peaceful Bishop, and most valiant Martyr, was not more concern'd for any thing, than least the bond of Unity should be broken
.
As the Authority of the Civil Power, of which we have hitherto spoken, Is agreeable to
Principles
and
Reason
, so likewise is it to the Practice and Sentiments of the antient Church. To make this appear, and to put an End, if it be possible, to this Controversy, I shall present you, when occasion is given, with
A History of that Authority
, (viz.
of the Civil Power over Ecclesiastical Persons, as well in Depriving as in otherwise punishing) throughout all ages
, more especially that of the first Christian Emperour. I shall treat concerning that Matter with all the Fairness and Impartiality that becomes a faithful Historian, and a real Lover of Truth, concealing nothing that may seem to make for the Cause of our Adversaries. Yet this I shall demonstrat, that, tho in the time of
Constantius
some persecuted Bishops were pleas'd to deny that the Emperour had any Authority at all over Bishops, yet the Emperour
Constantine
himself (so great a Lover and Honorer of Bishops as he was) and likewise the succeeding
Orthodox
Emperours, did oftentimes Judge and Deprive Bishops by their own bare Authority: That the Church in the time of that Emperour, as well as in after Ages, submitted to and acknowledg'd that Authority: That those Ecclesiastical
Canons
which ordain that Bishops (even for Political Crimes) are to be depriv'd onely by Bishops, did never oblige any Secular Government, but as they were allow'd off, and so made
Laws
, by that Government. I could willingly give you a
Foretast
of a few illustrious Examples of Bishops depriv'd by the Emperour's sole Authority, and the Church's owning and acknowledging that Authority; but I find I have already exceeded what first I design'd on this Subject, and have done like a great many others, who, designing onely a
Lodge
, have been in danger of building 'em a
Seat
. I shall now proceed to the second general Proposition which our Adversaries are desir'd to make out, which is this,
2.
That it is agreeable to the Practice of the Ancient Christians, for a Bishop unjustly depos'd
(whether by the Emperour, or by Bishops)
to withdraw himself from the Communion of his Successor tho' his Successor were not a Heretick
. Let this be their Proposition: If they prove not that, they prove nothing. And the contrary is plainly demonstrated in our Treatise. There are Two things, you tell me, besides the
Canons
above spoken off, which our Adversaries are wont to allege in Answer to that Treatise. They First endeavour to weaken the Authority of it, and Secondly they pretend that the Examples which it produces, are all of Bishops
Synodically
depriv'd, and therefore not to our Purpose. In answer to this second Exception, I shall undertake to demonstrat these Two things.
1.
That the Ancients had no greater regard to an unjust Synodical Deprivation, than they had to an unjust Imperial Deprivation
.
2.
That several of those Bishops that are mention'd in our Treatise, were not Depriv'd Synodically, or by Bishops, but by the Emperour's sole Power and Authority
. Neither did they
resign
their Bishopricks, but were violently turn'd out.
As for the Objections of our Adversaries against the Authority of our Treatise, tho' I know not of any Treatise of that age and nature that deserves to be more esteem'd, yet to wave all impertinent Disputes, and to shew that what we assert is not grounded on that onely Bottom; we will fairly make 'em this Offer: We will lay aside, if they please, the Authority of that Treatise, and enter the
Lists
with new
Weapons
. This is the Proposition we shall take upon us to demonstrat:
That its contrary to the general Practice of the ancient Bishops, to recede, upon their being unjustly Depriv'd whether by the Emperour onely or by a Synod, from the Communion of an Orthodox Successor
. I say, the
general
Practice: That's enough for us to demonstrat. For what if our Adversaries can produce us one or two Exceptions? How will that excuse Bishops who have always profest a great and due regard for the
general
Practice of the Ancients.
I must not conclude before I have told you, as I promis'd you, what
Schism
that was which was rais'd upon the account of
Josephus the Presbyter
, which, as appears by
Cotelerius's
Copy, was the occasion of the writing our Treatise. You must know,
Sir
, in short, that in the Year 1266.
Arsenius
the Patr. of
CP.
was depos'd by a
Synod
, whereof the Emp.
Michael Palæologus
sat
President
, partly for certain Crimes of which he was accus'd, but chiefly for Contumacy in refusing to give his Appearance. He knew that the Emperour was his Enemy, and therefore he pleaded that 'twas contrary to the
Canons
for Him to sit Judge in the Cause of a Bishop. The
Synod
(a very great one) both acknowledg'd, and asserted the Emperour's Authority, and alledg'd, it was agreeable both to
Reason
and the
Practice of the Ancients. Germanus
Bishop of
Adrianople
, who was put into
Arsenius's
Place, resigning after a few Months,
Josephus
, the Emperour's Confessor and an Abbot, was advanc'd to that Honour. Hence arose a famous
Schism
amongst the Monks and the Common-people, some adhering to
Arsenius
, as unjustly Depriv'd, others being averse to
Josephus
because they lookt upon him to have been formerly Excommunicated by
Arsenius
and not yet Absolv'd, and others pretending other Reasons. I said,
Amongst the Monks and Common-people
; for
Pachymeres
assures us, tho' a Friend and Well-wisher to
Arsenius
, that in all the Church there were but Three Bishops that engag'd in the Schism,
viz.
those of
Alexandria, Thessalonica
and
Sardis
. Of whom, the two last were the especial Friends and
Creatures
of
Arsenius
. Neither did those Bishops make a Schism because ano ther Bishop was put into
Arsenius's
Place, whilst he was alive; for they presently began it, as it plainly appears from
Pachymeres
, as soon as
Arsenius
was depriv'd, before his Place was fill'd up; that is, they withdrew from the Communion (not of the Church in general, but onely) of those Bishops that Depriv'd Him: so
Pachymeres
expressly says of the Bishop of
Alexandria
. Those Persons that refus'd to Communicate with
Josephus
upon the Account of
Arsenius's
Deprivation, the Author of our Treatise endeavours to convince, by shewing by many Examples of Bishops unjustly Depriv'd, part of them by
Synods
, and part by the Emperour alone, how contrary it was to the Practice of the Ancients to violate the Peace of the Church on the account of such unjust or uncanonical Deprivations.
Being now assur'd what
Schism
that was, that occasion'd the writing of our
Treatise
, we cannot any longer be ignorant of the true
Age
of the
Author
. It cannot reasonably be doubted, but that our
Treatise
was written about the beginning of the
Schism
, and of
Josephus's
Patriarchate,
viz.
in the Year 1267. for
Josephus
was consecrated Patriarch the First of
January
1266/7 as may easily be shewn, tho'
Petrus Possinus
would have it to be a Year later. This at least is apparent, that 'twas writ before the death of
Arsenius
which happen'd on the last of
Sept.
1273. for it plainly appears from the Treatise, that the Patriarch, for whose sake the Schism was rais'd, was
alive
when the Treatise was writ. It may further be gather'd out of the Sixth Book of
Nicephorus Gregoras
, that this Schism lasted no longer than the Year 1275. for he tells us the manner how it was ended, just after he had spoken of
Gregorius
(Georgius)
Cyprius's
being promoted to the Patriarchate, and before he speaks of the Patriarch
Veccus's
Banishment; which happen'd both on the foresaid Year. Here,
Sir
, I must retract what I formerly conjectur'd (tho very
doubtingly
) in my
Preface
to the
Gr.
and
Lat. Edition
, concerning
Nicephorus Callisti
his being the Author of our Treatise. For from what has been said it is manifest, that the Author of our Treatise was older than
Nicephorus Callisti
. For
Nicephorus
was not full 36. Years old when he publisht his
Eccl. History
, and yet when he publisht it,
Andronicus
the Emperour (Son to the abovesaid
Michael Pal.
) who died in the Year 1327. near 70. Years of Age, was a
very old Man
, as he plainly declares in his
Itaque longissimam etiam tibi vitam
(
ees to mēkiston soi to biōsimon prosgenesthai
)
quâ bona omnia, pro eo atque decuit, omnino in unum collegeris, obtigisse existimo: ut ex temporis diuturnitate ad incrementum gloriæ hoc tibi accederet
, &c. p. 20. There is mention made before p. 7 of the
anthos tēs hōras
of the Emperour, which the Interpreter renders,
ætatis flos & vigor
. But that's a mistake: he ought to have render'd it there,
flos venustatis
.
The Author flatters the old Emp. and tells him of the Symmetry of his Parts, and his
florid Complexion
.
Dedication
. There needs no Argument to confirm so clear a Demonstration. Yet others may be produc'd, as that which we our selves formerly urg'd in the foresaid
Preface
, as an Objection against the Conjecture we had made; that the Author of our Treatise ranks the Patriarchs of
CP.
that govern'd in the time of the Emp.
Isaacius Angelus
, in this Order;
Basilius, Nicetas, Leontius, Dositheus, Xiphilinus
: But
Nicephorus
, in a MS.
Catalogue of the Patriarchs of CP.
thus:
Basilius, Nicetas, Dositheus, Leontius, Dositheus
agen,
Xiphilinus
. To which may be added, that the Predecessor of
Macedonius
, that was depos'd by the Emp.
Anastasius
, is by
Nicephorus
both in his
Catalogue
and his
Hist.
nam'd
Euphemius
(as the more ancient Writers are wont to call him) but by the Author of our Treatise,
Euthymius
. I once thought that this was onely an Error of the Librarian, tho he be so call'd in Three places; but since I have observ'd, that by the more Modern Greeks he was
usually
so nam'd. He is so call'd likewise by
Cedrenus, Metaphrastes, Theophanes, the Eighth General Council Act. VI.
and by others.
I was here,
Sir
, about to subscribe a
Vale
, and I thought on nothing but to ease you of your poring on an ill Hand, and on sending away these Papers to the
Coach
; But casting my Eyes a Second time on your Letter, I found that through Hast I had overlookt your
Postscript
, in which you mention an Empty and Scurrilous
Pamphlet
, call'd,
The Oxford Antiquity Examin'd
, and are pleas'd to ask me this Question, whether or no I design to Answer it? I do not wonder,
Sir
, you should so far forget that
Pamphlet
, when you wrote your Letter, as to throw it down to a
Postscript
, I rather wonder you should ever mind it at all, but above all I wonder, how you came to be so far forgetful of the Humour of your old Acquaintance, as to ask me that Question. How often have you heard me say, That I hate to
strike
on a Thing that is
Hollow
and
Empty
, which can onely return
Noise
! The Author of that Pamphlet is too much a
Felo de se
to need the Hand of an Adversary. How excellently does he infer from one or two Mistakes, which he endeavours to discover in our Treatise, that all the rest is nothing but
Error
and
Blunder
! An incomparable
Ergo
! A rare
Logician
! How pleasant is it to observe to what sorry Shifts our
Second-Hand-Writer
is reduc'd where he speaks of the Authority of St.
Chrysostom
! But I must not say,
How pleasant
: It moves
Pity
in one, to see to what
Pain
he is put by that
Weight
that lies upon his
Head
, what
Turns
and
Twists
he makes; how the poor Creature
wrigles
and
tosses
his
Tail
up and down; And all to as little purpose as a
Bird
on a
Lime-twig
, the more it
flutters
the more it is
caught
. No wonder he is so hugely in Wrath, and falls so foul upon the
Publisher
, and even the
Licenser
of that Treatise. Here it comes into my Head what a Friend of ours said, when I shew'd him some
Libellous
Letters, which have very freely been sent me; Bless us! says he, What a
Bawling
here is, what a
Squaling
and
Calling of Names
, when a Person has been
soundly Brusht
!
From the scurrilous
Writers
let us pass,
Sir
, if you please, to the scurrilous
No-Writers
, those
Masters
of
Reflection
and
Censure
, who, you say, are so free upon this Occasion with the Name and Reputation of your Friend. I thank you,
Sir
, for that good Advice which you give me: But here agen I must blame you, for forgetting me so far, as to fear I may be capable of being disturb'd by the Insults of Adversaries. Can you think me so
Pusillanimous
, as to have Regard to those
ta ouk eph'hēmin
? Let me tell ye, my dearest Friend, I shall think my self very unhappy, and but a very mean Proficient in
Philosophy
, when any Abuses or Detractions, of either the
Angry
or the
Envious
, can so much move me as to turn me any way from my
Duty
. 'Tis a brisk Saying, you know, of
Gaulminus,
Scio & mereri & ferre invidiam
: The
Mereri
, I have nothing to say to, I leave that to
Gaulminus
, and the rest of his Fellow-Pretenders; but the
Ferre
, I my self pretend to. Be pleas'd to tell my
Encomiasts
, when you hear any of 'em
Harangue
, that I never thought the
World
so much a
Utopia
, as not to expect their
Elogiums
. May they long and freely enjoy their own Humours, as I am resolv'd to enjoy Mine. But withal let 'em know, that, by way of Return, I have something for Them full as
hot
as those
Coals of Fire
, which our great and common Master has commanded me to
heap upon their Heads
. To be short,
Sir
, give 'em my Service, and tell 'em they have the
Prayers
of
Your Humble Servant
.
errata amended in the text
THE CASE OF
Sureties in Baptism
. In which is shewn, That SCHISMATICKS Ought not to be admitted as Godfathers and Godmothers In the Ministration of that Holy Sacrament.
LONDON
: Printed for
Sam. Keble
, at the
Great Turks-Head
, in
Fleetstreet
, over against
Fetter-Lane
. 1701.
TO THE
READER
.
THE Author of this Case of Conscience is a private person, but a Gentleman of Letters, who hath long been a sorrowful Spectator of the general carelessness, and neglect of the Clergy in observing the Rules, and Orders of the Church, by which they have exposed themselves, and our Religion to great Contempt, weakned the Interests, I mean the Spiritual Interests of it, and given their best Friends among the Laity of both Sexes great occasion of Offence, and their Enemies of all sorts, who are
Observators
upon them in all places, great advantage against their
Order
, and great occasion of reproaching it; though in truth it is only the
obnoxious
Men of the Order, and not the Holy
Order
that deserves the Reproach.
Among other Omissions, he hath long lamented in too many of them their scandalous dis-regard of the Church's Rules, and Rubricks, which concern the
Ministration of Baptism
, especially in the Parishes in, and about
London
, where for some Years he hath been an Observer of the many common Irregularities, for which so many of the Clergy are answerable to God and Man in the Administration of that Holy Sacrament. It grieves him to see them administer it in private Houses, without the cause of
compelling necessity
contrary to its nature, as a
publick Institution
, and the universal Practice, not only of the most ancient, and pure Churches, but of all the Churches, that now are in any part of Christendom, excepting the
Church of England
, and not in her neither till of late Years, when the Clergy began to sacrifice the pious Orders of the Church, with their own Authority, and Honour to their
Interest
, for which their enemies despise them, and in all Companies talk of it in such a manner, as grieves their Friends to hear them, because they can neither defend, nor excuse them. What can be said to justifie, or excuse the corrupt Practice of Baptizing the Children of the
Poor
at Church, and of the
Rich
at Home? The Reason is evident why so many of the Clergy do so, and Atheists, Deists, those Sons of Atheists, and all the Infidel Crew, that love to mis-call Priesthood,
Priestcraft
, make ill use of it, and speak of them in such Language, as the Love and Reverence I have for them, will not let me repeat.
Nay, the Ministers of the
French
and
Lutheran
Congregations among us, censure them for the obliquity, and partiality of this unchristian Practice, and will rise up in Judgment against them to condemn them for it, and to discourage it, as much as he can, our Author hath some Thoughts of writing a short discourse to shew the People the unlawfulness of all
private Baptisms
, excepting when
necessity compels
, but he had rather the Clergy, who wrote so
many Cases
for the sake of the
Dissenters
twenty Years ago, would prevent him by writing some, that are now needful for their own People. This would be more for their Honour, than to let private Persons write them, and get the reputation of reforming their Flocks, which it is their true Interest to get themselves.
The Author of this Case
, is one who wishes them the
Monopoly
of all the Praise of doing good, especially in reforming. He wrote it out of pure respect to them, as well as charity
into
their Flocks, having long laid to heart their too common practice of admitting
Schismaticks
to be Sureties in Baptism, nay, and
Schismaticks
, whom they often know to be such, and who sometimes happen to be
Schismaticks
of opposite Sects, and sorts. They are the private Christnings which are one great cause of these Irregularities. I have been told of one, in which one of the Godfathers was a
Dissenter
, the other a
Papist
, and the Godmother of the
Church of England
. I have heard of others, in which, for the sake of dissenting Sureties, the sign of the Cross hath been omitted, and of another, in which a Person of a Communion which cannot well be imagined, stood Godfather for a Child. But, besides the common use of private Christnings, which is one occasion of this scandalous Practice, there is another cause of the growth of it, and that is the corrupt custom of making Presents to Midwives, and Nurses, which makes Godfathers, and Godmothers of our Communion so difficult to be procured. When this ill Custom first came in, I cannot see, but I am sure it is now grown to such excess, that it deserves Censure, as well as private Baptism which truly deserves to be chastised with the Episcopal Rod. It is to be hoped, that when the
Convocation
meets, something will be done by way of Censure, to put a stop to both these Practices, which have already been the occasions of Prophaning the holy Ministration of Baptism, and brought such a scandal upon our Church.
The former Practice is so much in use, that a stranger, who liv'd some Months in a populous Parish, without seeing a publick Christning, asked if Children were baptiz'd in the Church of
England
, and truly those who make reflections upon the
desuetude
of publick Baptism among us, may very well think that the Clergy, and People do not like it, because they baptize so much in private, and love not to administer that Holy Sacrament, as its nature and dignity requires, in the Churches at Canonical hours of Publick Worship, but in hugger-mugger
without solemnity
, and commonly
without decency
, at all hours, in any Chamber, the
genial
Chamber not excepted, in which
See
Origen's
book of Prayer, Printed in
Greek
, with a
Latin
translation at
Oxford
.
Christians of the primitive times, without necessity, would not perform their private Devotions.
The latter Practice is come to such an height, that modest Parents of the Church of
England
are often distressed to find such of their own Communion, as are willing to be Sureties for their Children, at the expence of the gifts which are expected upon those ocasions, especially if the Parties asked have been Sureties at such
expence
before. Wherefore since
baptismal stipulation
cannot be made without
Sureties
, and this corrupt Custom makes it difficult to procure them, it were to be wished, that good and exemplary People would no longer observe it, but endeavour to bring it into dis-use. Nay, it were to be wished in this
Age of Societies
, that they would form themselves into Societies against it, especially in
populous
Cities, for it occasions great confusion of Faithful, and Schismatical Sureties together in the ministration of Baptism, because it discourages the
Faithful
from doing their Duty in this instance of the greatest Charity, and therefore the reformation of such ill Customs as this, and private Baptisms, next to that of
ill manners
, would be for the honour and service of our Religion, the glory of God, and the unspeakable good of the Church.
I submit what I say with all reverence to our
English
Clergy, to whom our Author also submits his little Book, which he hath written against admitting Sureties of Schismatical Communions to stipulation in Baptism, which, as a Sacrament, is one of the most solemn acts of Worship that the Faithful can perform, and in which, by the Rules of
Catholick Unity
, they neither ought nor can have any communion with those, who cut themselves off from the Church. The Discourse is short, nervous, and perspicuous, even to common capacities, being written in the most plain, and familiar sort of stile, that the People of the Church might have the benefit of it, and that the modesty and plainness of it might encourage the Clergy to recommend it to their Flocks. To
conclude
, the great Irregularity against which it is written, is practised more or less all over the Kingdom, and it is hoped, that the Honourable Society for
dispersing Christian Knowledge
will take some notice of it, and help to disperse it in all places; for
Christian Knowledge
doth not only consist in knowing
Christian Doctrines
, but
Christian Institutions
, which concern the
Polity, Orders, good Government, Rights, Discipline
, and
Unity
of the Catholick Church. The Knowledge and Practice of these things, ordinarily speaking, are also necessary to Salvation, and if the People in this Age of
Latitude
continue in Ignorance of them, their Priests must answer to God for it, and in the mean time thank themselves if they daily revolt from them, and think any Preachers as good as those of Episcopal Ordination; nay, if they think
Episcopacy it self
a needless, or an unlawful thing, and to communicate in a
Conventicle
as good and sure, or it may be a surer way to Heaven, than to hold Communion with the Church.
There is one thing more, which I cannot but recommend to our Clergy in relation to Sureties in Baptism, and that is, to let
the People
know, that as none are too great, so none are too low, or mean for that Holy Performance. To convince them of this, they must be told, that Christians, however different, and unequal in their
civil ranks
and
qualities
, yet as Christians are all equal in the Common-wealth of
Israel
, or community of the Catholick Church; in which there ought to be no difference, or respect of Persons, especially at the
Font
or
Altar
. The putting of a difference between Poor, and Rich in Church Assemblies, was that which St.
James
reprov'd in his general Epistle, and ought now to be reprov'd,
especially
in those who had rather have Sureties of any Religion, than take such as are in rank, or estate beneath themselves, tho' they are their
Christian Peers
, and with them Heirs of the Kingdom of Heaven. God, who is no respecter of Persons, but, in whose Eyes the poor and rich are equal, cannot but be offended with this Partiality, which proceeds partly from the most corrupt mercenary custom, I mention'd before, and partly from a vain affectation even in good People to have Godfathers and Godmothers for their Children of
worldly
note and character, which many times, in many places, and by many accidents are hard to be procured. It would be much more pleasing to God, and agreeable to their Christian
Profession
to choose the best Christians they can find, without regard to worldly quality, and to prefer the Poor, who are rich in Faith and Vertue, before the Rich, who are poor therein. Thus the ancient
Greeks
and
Romans
would rather choose in their last Wills and Testaments to make honest, and understanding Slaves
Fiduciary Heirs
, to whom they might commit their Children, and Estates, than the noblest, and greatest of the Common wealth, in whom they could not repose Trust. And as to the
great Trust of Spiritual Suretiship
, I think those Christians act most according to the Mind of God, their character as Christians, and the rules of Christian Prudence, who in choice of Sureties, who are Trustees for their Children, prefer their Inferiours, though they be Servants, or in other respects beneath them, if they are vertuous and faithful, before their equals or superiours, who tho', rich, and great in this World, are not so in Faith, and good Works. In this they will follow the example of the best Christians, in the best, and purest times, and as bad as this Age is, let them not doubt but that God will raise up others to follow their good Example to their comfort in this World, and their reward for their exemplary care, and piety in that which is to come.
Qu.
May a Priest admit a Person in Schism, to be Godfather, or Godmother to a Child?
THis Question may easily be resolved, by considering the
Office
or
Duty
of
Godfathers and Godmothers
; and we shall understand that better, if we first briefly consider the nature of
Baptism
.
Now
Baptism
is the admission of a Person into the Covenant of the Gospel; and as in all Covenants there are Parties, who mutually stipulate; so in this the Parties are,
Almighty God
, who graciously condescends, to admit his Creature into this Covenant with him, and on his part confers on him the great benefits of it: And the
Person to be baptised
, who on the other side engages to perform all the Conditions of it. But because God doth not visibly act in his Church, but by the Ministry of Men, the Priest by Commission from him, acts in his Name; and because Children by reason of their tender age cannot act for themselves, they especially have
Godfathers and Godmothers
appointed by the Church.
1.
To present them to be Baptized.
2.
To
Stipulate
, or
Contract
for them.
3.
To take
care of their Instruction and Education
, according to the obligation of their Baptismal Vow.
First then,
Godfathers
and
Godmothers are appointed by the
Vid.
Rubrick before
the
Office of baptism, and the 29
th
Canon.
Accommodat illis Mater Ecclesia, aliorum pedes, ut veniant, aliorum Cor, ut credant, aliorum linguam, ut stipulent.
Aug.
Serm. 10. de verb. Apostol.
Offeruntur quippe Parvuli ad percipiendum Spiritualem gratiam non tam eis, quorum gestuntur manibus, si ipsi boni fideles sunt, quam ab universa societate sanctorum atque fidelium.
Aug. Kp. 23.
Church
: Which shews that
Schismaticks
are not to be received; because the Church can never be suppos'd to have appointed them. For they having broken off their relation to her, and ceasing to be her Members, she hath no more to do with them, unless it be to endeavour to reduce them into her bosom by earnest Exhortations, or by charitable Censures; but she never calls them to any Office, or commits any trust to them, till they are restored; and if any of her Priests doth it, he exceeds his Commission, and is accountable to her, as will farther appear, if we consider those ends for which Sureties are appointed.
1
st.
To
It is to the Godfathers and Godmothers that the Priest saith
, Ye have brought this Child here to be baptized,
as
you may see in the
Rubrick
. And they are called
ō prospherontes
by the Author of
Respons. ad Orthodoxos
.
present
them to Baptism, that is, to be admitted into the Christian Society. But are those Persons who have themselves revolted from this Society, proper to present others to be admitted into it? At least can any Man believe that this Society would ever appoint them?
2
dly.
To
stipulate
with God and his Church for the performance of the conditions of this Covenant. This Contract always was, and is still made in a very solemn manner, by Question and Answer, according to the ancient forms of stipulation, as may be seen in the Office, and for this reason
Godfathers and Godmothers
were call'd
anadochoi
by the
Greeks,
Sponsores, susceptores
, and
fide jussores
by the
Latins
, and
Sureties
by our Church in her Catechism. And St.
Austin
in one of his Sermons tells all Godfathers and Godmothers,
Quicunq; viri, quæcunq; mulieres de sacro fonte filios spiritualiter exceperunt, cognoscant se pro ipsis fidejussores apud Deum extitisse.
Serm. de Temp.
116.
that they were Sureties to God for their Godchildren
. Now, the conditions for the performance of which they are Sureties, are in three words,
Repentance, Faith
, and
Obedience
.
To pass over the first of these conditions, and come to
Faith
, which is the second. How can a Priest admit a Schismatick to be a
Surety
to God and his Church for the Child's
Faith
, whom he knows to err (practically) at least in two great Articles of it,
The Holy Catholick Church
, and
The Communion of Saints
: Especially since, as an ancient Author saith,
Axiountai tōn dia tou Baptismatos agathōn ta brephē tē pistei tōn prospherontōn
Resp. ad Orthod.
Q. 56.
Children are esteemed worthy of the benefits of Baptism, for the Faith of those that present them to it
. The Priest however demands whether he believes these Articles, as well as the rest, and he answers that
he stedfastly believes them all
; and yet it is evident that the Question understands them in one Sense, and the Answer is made in another; for, the Church, and her Minister, who puts the Question, understand them in the Catholick Sense, and the Schismatick answers in his own, that is, according to the Principles of his Schism. And if the Priest explain'd the Questions according to the Doctrine of the Church, and then put them to the
Godfather
, he must change his Answer, and say,
All these I do not stedfastly believe
, and
Præterea inutilis est stipulatio si quis, ad ea quæ interrogatus fuerit, non respondeat.
Justin. Instit. I. 3. Tit. 20. Sect. 5.
then the Priest could proceed no farther till better Sureties are found, or he must use the Office of private Baptism. But are not actions, at least
solemn
ones, as significant as words; and do not Mens Practices as certainly discover their Sense as their Declarations.
However, if his
Faith
may pass unquestion'd, it is certain, he can give no
Security
for the performance of the third condition,
Obedience to all God's Commandments
. And not to repeat the absurdity that arises from the different Senses in which the question is put, and the answer made, the contradiction of which is more evident with respect to some of the
Commandments
, than any of the Articles of
Faith
, not to repeat this, I say, barely to relate this procedure, is enough to condemn it. Here a Priest admits one a
Surety
, for anothers obedience to God's Commandments, who lives himself in an avow'd violation of several of them; of the fifth, which according to our Church's Interpretation enjoins submission to our Spiritual Pastors; and all those other Commands of the Gospel which require Christians to live
in Unity
, to
avoid Divisions; to obey them that have the Rule over them in the Lord
, &c. He takes however, Security that the Child shall be subject to his spiritual Pastors, from a Person who disowns them. That he shall be educated in the unity of the Church, and the right Communion, from one, who by the Principles of his own Practice is engag'd to educate him in the wrong. Doth it become a faithful Steward of the Mysteries of Christ, to dispense them with so little caution, and to take such, which is no security, that they shall not be abused?
3
dly. Godfathers and Godmothers
are appointed by the Church, to
take care of the Childs Instruction and Education
in the Christian Religion, according to the obligation of his Baptismal Vow. The Author of the Ecclesiastical Hierarchy, who is ancient, though not
Dionysius
the Areopagite, saith that the
Child
is
deliver'd to the Godfæther as
anathō ta Theia paidagōgō
Eccl. Hierar.
c. 7.
to a Master or Instructor in Divine things
. And our holy Mother the Church, in her
See the Exhortation in close of the Office of baptism.
St. Austin. Serm. dei Temp. 115.
Ideo tam illos qui de vobis nati sunt, quam illos quos de fonte excipistis, castigate atq; corrigite, ut castè, ut justè, ut sobrie vivant.
Synhod Moguntin. can. 47.
Jubentur compatres Spiritales filiolos suos Catholicè instruere.
Exhortation to the
Godfather and Godmother
, solemnly commits the Baptized Child to their charge and instruction. It
is your parts and duties to see that this Infant be taught as soon as he shall be able to learn what a solemn Vow, Promise and Profession he hath here made by you. And that he may know these things the better, ye shall call upon him to hear Sermons, and chiefly ye shall provide that he may learn the Creed, the Lord's Prayer, and the Ten Commandments in the Vulgar Tongue, and all other things which a Christian ought to know and believe to his Soul's Health
, &c.
Ye are to take care that this Child be brought to the Bishop to be confirm'd by him
, &c. Not to ask here whose Sermons the
Priest
directs them to, and whose Sermons he believes the
Godfathers
will call upon him to hear: By what Bishop the one wou'd have him Confirm'd: And to what Bishop the other will carry him, or whether to any: Not to put such questions as these It is certain in the mean time, that the Church here commits the Child to the
Godfather and Godmother
, with a charge that he learn the fore-mentioned Particulars, and all
other things which a Christian
ought
to know and believe to his Souls Health
. Now, that he is to be subject to that Authority that Christ hath established in his Church; that he is to adhere to the Communion of the Lawful Governours and Pastors of it; That he is to keep Christian Unity, and avoid Schism, are some of those things which a Christian ought to know and believe to his Soul's Health. But are these things to be learnt in Schism? Or hath the Church appointed Schismaticks to be her Childrens Guides to the right Communion? And if she hath not, by what Authority doth her Presbyters commit them to these Instructors?
With respect to
these two Conditions
of the Baptismal Covenant I might observe, that none that I ever heard of, thought a Heretick fit to be a
Godfather
to a Child. For what reason? Because he can be no
Surety
for the Child's
Faith
: And with as much reason ought he to exclude a
Schismatick
, because he can be no
Surety
for the Child's Education in the
Right Communion
, which is included in the third condition of this Covenant as well as the belief of any Article of Faith is in the second: And therefore to be in
Catholick Communion
, hath always been held necessary, as well as to profess the
Orthodox Faith
; and
Schism
was ever look'd upon to be dangerous to the Souls of Men, as well as
Heresie
. And if any Man doubts of this, he might easily be convinced, but for the present: let him remember that the Church equally prays to be delivered from both.
From all false Doctrine, Heresie, and Schism, Good Lord deliver us.
Before I conclude, I will consider the Reasons that may be given for admitting
Schismaticks
to this Office. 1
st.
They seem to imagine that
Godfathers and Godmothers
in a Christian Country are only a Formality; Or, 2
dly
, If they are more, that the Church hath by no Canon forbid
Schismaticks
to be admitted; And 3
dly
, That sometimes others are not to be got.
As to the first: It is certain
Godfathers and Godmothers
were never instituted as a
Formality
, but for those great and weighty Ends before mentioned; and if some Parents chuse them as if they were, it is a Presbyter's Duty to correct their Mistake, and not by a criminal compliance to confirm them in it. But for the Ministers of this Sacred Contract, which is made in such obligatory terms, and in so solemn a manner, to look upon it, after all, as a matter of
meer Form
, is to say, that they egregiously trifle, when they are acting in the most serious manner in the World.
2
dly. Godfathers and Godmothers
are not required by our Church
only
but it is a Practice, which
hath
the consent of the whole Church of God in all Ages. We find them in
Lib. de bapt. Cap.
c. 6.
&
18.
Tertullian
who lived in part of the Age next to the Apostles, and wrote in the beginning of the following, and he speaks of them in a manner that shews the practice was general then: and if it was general so early, and hath the universal consent of the Church in all succeding Ages, it may very well be resolved into an Apostolical Tradition according to the known Rule of St.
Austin
.
Quod universa tenet Ecclesia, nec conciliis constitutum, sed semper retentum est, non nisi Authoritate Apostolica, traditum rectissimè creditur.
What is held by the Universal Church, and hath not been established by Councils, but hath been always retain'd, is most justly esteemed to have been deliver'd by Apostolical Authority
.
As to that part of the Argument that would take off the necessity of
Godfathers and Godmothers
, because we do not live amongst
Heathens
, I shall only say, That whilst we live among
Deists, Hereticks, and Schismaticks
, the Church hath but too great reason to require Security for those she Baptizes. Nay, were all Men Christians, and were all Christians of one Faith and one Communion, as long as there is so great danger from those constant Enemies,
the Flesh, the World
, and
the Devil
, which are renounc'd in Baptism, and is the first condition of it, she hath still reason enough to require
Sureties
to preserve the Child from those fatal Enemies, and secure, as much as in them lies, his Christian and Vertuous Education.
Nor is the
Surety's Duty
superseded by the
Parents Care
, it is of good use, even where the Parents discharge their Duty: But because
That
is still contingent,
This
Provision will be always necessary against the Death, or long Absence, the Apostacy, or negligence of Parents. And though, I doubt not but great numbers owe their Christian Knowledge and Vertue, next the Grace of God, to their
Surety's
Care of their Education; yet if but one Person hath been secur'd thereby, so invaluable is the Salvation of one Soul; it was a happy institution, and worth the observance of so many Ages.
3
dly.
To suppose that
Sureties
in Baptism are only a
Formality
, is to give the
Anabaptists
a greater advantage than their Cause could ever have afforded them. For their chief objection against the
Baptism of Infants
, is, that they cannot perform the Conditions,
&c.
Which objection is therefore propos'd in these questions of our Catechism;
Why then are Infants baptiz'd when by reason of their tender Age they cannot perform the Conditions required of Persons, that come to be Baptiz'd
? Which the Church answers;
Because they promise them by their Sureties, which Promise when they come to Age, themselves are bound to perform
. But now, to say that
Sureties
are only a Formality (and I may add, to admit
Schismaticks
for
Sureties
) destroys the Church's Answer, and leaves
Infantbaptism
under the force of the Adversary's Objection. Whereas were there a Religious Care taken by Parents in the choice, and by the Minsters of Religion in the admission of
Sureties
; and in consequence of that, a conscientious discharge of the
Sureties
Duties, in seeing that the Child be educated in all Christian Knowledge and Vertue: It would not only justifie the Church's Answer, but also be one of the most effectual means to revive Christianity amongst us, to reform in some measure the present, and give us greater hopes of the next Generation.
As to the second Argument. That
Schismaticks
are not by any Canon excluded from being
Godfathers and Godmothers
. Supposing this is true; I answer, That if to admit them perverts the design of the Institution, and gives the Church no Security; this is a sufficient bar to their admission, without any positive Prohibition; for, to pervert all the ends of a Law, is much more than barely to clash with the Letter of it. Besides, were it a good Argument that
Schismaticks
might be admitted because they are not excluded by name, it would follow, that
Hereticks
might be admitted, for they are not particularly excluded; nay,
Jews
and
Mahometans
too, for neither are they excluded by name; so that this Argument proves too much, and therefore proves nothing at all. Indeed, some things are not forbidden by Laws, because they are so absurd in themselves, that it was never suppos'd they would be practiced.
But, 2
dly.
If the Letter of the Canon doth not, the
constant Practice
of the Church, which hath the force of a Law, and is ever the best Interpreter of her Laws, hath excluded them: For this holds in the Christian as well as the civil Society, where
Use is sufficient
(as we are taught in
Justinian's
Institutions)
to introduce a Law without Writing for continued Customs, approved by the consent of those that use them, have the force of Laws
.
Lib.
I. Tit. 2. c. 9.
Sine scripto jus venit, quod usus approbavit, nam diuturni mores consensu utentium conprobati, legem imitantur.
And we have the reason of it in those words of the great Lawyer
Julian
.
Quid interest suffragio populus voluntatem suam declaret, an rebus ipsis & factis.
Upon which
Hiraldus
, who quotes him, saith,
Qui igitur legem condere, idem & consuetudinem quæ pro lege custodiretur, inducere.
Hirald.
Digres
. l. 2.
Where is the difference whether the Community declares its will by Suffrages, or by Facts
? And if the universal Practice of a Society hath so great force as to become a Law, its Authority is undisputable in the Interpretation of a Law, especially when that interpretation is founded on the reason of it.
We have no such custom, nor the Churches of God
, was thought by the Apostle, a
1
Cor. c.
11.
v.
16.
sufficient answer to the
Contentious
. I need not spend time here to prove that it was not the custom of the ancient Church ever to admit
Schismaticks
for
Sureties
. He must be a very great stranger to her Discipline, and her treatment of
Schismaticks
, that imagines she ever did, and will find his mistake, when he seeks for any Instance of it.
But 3
dly
, To come to our own Church. It seems evident that she designs even by her Canons to exclude them, and to admit
no Godfathers, or Godmothers
but those who are in full
Communion
with her. The 29th Cannon saith,
"None shall be admitted
Godfathers and Godmothers
who have not been partakers of the Holy Communion
: The reason of which Canon I take to be, that the Church may be assured that those who undertake this Charge be of competent understanding in the Christian Religion, and in full Communion with her. And by the next Canon but one before that, she repels all
Schismaticks
from the Table of the Lord. By the 29th Canon then, none who are not capable of the Holy Communion are capable of being
Godfathers or Godmothers
: But by the 27th Canon, no
Schismaticks
are capable of the Holy Communion; therefore no
Schismaticks
are capable of being
Godfathers or Godmothers
.
As for the last Argument, that, when other
Sureties
cannot be got, they must take
Schismaticks
or they cannot Baptize the Child. It is certain that Baptism must not be delayed long; the Church doth not allow it, the hazard of the Child will not permit it. But must they therefore take
Schismaticks
for
Sureties
? I answer, No. For, this is a case which can never happen but in such exigences, as are caused by Voyages, War, Pestilence, or Persecution. And then they must Baptize with two, or with one, if no more can be got, which hath been sometimes anciently practiced. But what if none can be procured? It is a case of necessity, and the Church hath provided the Office of Private Baptism for it. I conclude with that excellent Petition of our Liturgy.
Give Grace, O Heavenly Father, to all Bishops and Curates, that they may both by their Life and Doctrine set forth thy true and lively Word, and rightly and duly administer thy Holy Sacraments.
Amen
.
POSTSCRIPT.
THO' the
Priest's Duty
was only concern'd in the Question, yet from what hath been said, it appears, that it must be unlawful for a
Schismatick
to undertake this
Charge
, as well as for the Priest to admit him; and all that I need say more, is, that, since the
Sureties enter into a Contract with God
,
Agnoscant se fidejussores esse ipsorum pro ipsis enim, respondent, quod abrenuncient, Diabolo, Pompis, & Operibus ejus, & ideo tam illi, qui excipiunt, quam qui excipiuntur, id est, tam Patres quam filii, Pactum, quod cum Christo in Baptismi Sacramento conscribunt custodire contendant.
August.
Serm. de Temp.
215.
and since all Contracts are to be taken in the sense of those, who have a right to make the terms of them, this must be unjustifiable for Persons of a separate Communion, whether they intend to perform it or no; whether they answer in the sense of the Church, or not: If they do not, they equivocate when they are entring into a Contract with God; which is an affront to his Truth and Omniscience; if they do answer in the Sense of the Church, it is an affront to his Justice and Holiness, to suppose that they may engage themselves to him to Educate a Child in a way, which according to their
Principles
is sinful, and if they are Men of
no Principles
, they are not concern'd in this question, nor any other, where Religion is concern'd.
I shall add one word to the
Parents
, who are the source of this disorder, and whose part is as unaccountable as any. For, by chusing
Schismaticks Sureties
for their Children, they establish a right to Educate them opposite to their own. The
Parents
Right is founded in Nature, and the
Sureties
in the Institution of their Office, and both ought to concur in the Education of the Child; but in this case they must unavoidably interfere. The Parents are under the strictest obligations to train up their Child in Christian Knowledge and Practice, and to secure him from Error and Schism: But to chuse
Godfathers or Godmothers
in Schism, is not only to expose him to the same danger, but also to give them a right to seduce him, and a right that may possibly defeat their own, whenever the Schism happens to be abetted, and the Catholick Communion to fall under
Persecution
.
But if if they have not so much Zeal, to take the advantage while the Parents live, yet after their death the Childrens Religion falls of course under their Care and Direction. It is possibly then one of the greatest Comforts of the Parents that they die in the Communion of the Church, but what a severe allay will it be to that Joy, to consider that their Children are in danger of losing that Communion, and which add new weight to their grief, in danger by their irregular act. Thus they who under God are the Authors of their Being, and should be of their Happiness, become Authors of their greatest Misfortune. And if Negligence and mere Omission are great faults in Parents in the Education of their Children; what is it to lay Snares, and prepare Temptations for them? Indeed this is not what they design, or desire, but it is the tendency of what they do, and may prove the event of it.
Do they act thus in Temporal Matters? Do they ever choose those Trustees for their Estates, and Guardians of their Children, who by Principle or Interest are engaged to keep them out of Possession. The Folly is the same in both, but the Fault and the Consequences incomparably worse in the present case.
FINIS.
The
Flying-Post
Posted
: OR, AN ANSWER To a Late PAMPHLET OF THAT AUTHOR's, CALL'D
The
Chichester
Dean
, AND HIS
Colchester
Amazon.
By Mrs.
Anne Roberts
.
Advenit, qui vestra dies muliebribus armis Verba redargueret
.
Virg.
If any Man among you seem to be Religious, and bridleth not his Tongue, but deceiveth his own Heart; this Man's Religion is vain
, James i.26.
LONDON
: Printed for N.
Mist
, in
Great-CarterLane
, 1718.
THE
PREFACE
TO THE
Author
of the
Flying-Post
.
SIR
,
I Was very agreeably surpriz'd, to see my Letter not only Publish'd, when I began to despair of you in Candour in that Point) but vouchsafed a particular Answer: nor was the Satisfaction I took therein at all abated by the Sneer in your Title-Page, where you are pleas'd to call me the
Colchester Amazon
; for if I must pass for an
Hyppolyta
, I have the Vanity to think you are not the
Hercules
, that shall lead me in Triumph.
Had I known you to be a married Man, I should have directed my Letter to your Wife; for not only the Argument; but the Stile, and foul Language with which your NewsPaper abounds, smell much of a Woman: And whatever your Sentiments may be, I believe most People will be of Opinion, that had your Wife or your self been instructed under Dr.
Snape
at
Eaton
, you would have learn'd better Sense and better Manners, than it appears you at present enjoy. That neither of you were bred up in his Parish, I shall not at all question, but very readily take your Word for it; because to the best of my Remembrance, the Doctor's Parish is somewhat remote from
Billingsgate
.
Why you should fancy me to be only an
Amanuensis
, I cannot imagine. The Reasons you give, are the Stile, Spelling, and Pointing of my Letter. Do you then think it impossible for a Woman to Spell true, and Point a Sentence right? I hope you will not look on all the Sex with such Contempt: And as to the Style, which seems the only valid Reason; it is easily answer'd by a bare Mention of the Names of
Sappho
, Mrs.
Behn
, the Famous Queen
Elizabeth
, and other Females, who have excell'd in the Polite Parts of Learning. My Mother was excellently well skill'd in the
Latin
Tongue, and not wholly ignorant of the
Greek
; and I have the Vanity to think the Education she bestow'd on me, not thrown away; since my Style in the Judgment even of so severe an Adversary as your self, looks not much unlike that of the
Reverend Dr.
Bennet.
I now proceed to Answer your
civil Questions
, pag 7. and to the first I reply; that the sole Motive of my engaging in this Dispute, was a Love of Truth, and a just Indignation at that savage Treatment of the Doctor, by your
pretended Correspondent
. So that in Answer to your second Question, I must tell you, that it is not because the Vigour of our
MaleChampions
is exhausted, that I have undertaken to carry on the Controversy: But to let you know, that your senseless Calumnies are so far from having any Influence in the World, that even the
Female Sex
can see through your Sophistry, and detect your Fallacies.
If you expect, as the Third Question seems to imply, that Dr.
Sherlock
should himself answer you: I beg leave to tell you, that you are foolishly Fond of your own Writings, and blinded with Self-Conceit; else you might rationally infer, that a Divine of his Station in the Church, has better Employment on his Hands, than to throw his Time away in answering every
impertinent News-Writing Scandal-Monger
. It was a great Piece of Condescension in the Doctor, to vouchsafe to answer the first Letter you troubled him with; but if you expect you should meet with the same Regard, every Time that you are pleas'd to be starting trifling Objections and Cavils, under the
Pretence
of receiving Letters on that Head from your
Correspondents
; I believe you feed your self with vain Hopes, and will deservedly be overlook'd with Contempt.
And now, Sir, in Answer to your last Question, I declare, that I am
no Substitute of the Doctor's
, nor have any farther Knowledge of him, than by his excellent Writings: As also, that I am no Person's
Amanuensis
; that the Hand and Argument are
not more a Woman's
, than the Style, Spelling and Pointing, which you think smell more of the
Ferula
, than the
Distaff
. As to the Contempt, you throw on the Argument, I shall leave every impartial Reader, after the Perusal of this, to judge for himself, whether it have really so much of a Woman in it; or whether on the contrary, it be not more probable, that,
notwithstanding your Pretence
, your Wife has answer'd me
in Earnest
.
I would now willingly pass to the Point in Controversy between us; but since you have been pleas'd to tell the World of a
second railing Letter
of mine, and endeavour'd to fix on me the Imputation of being a Scold; I am oblig'd not to conclude the Preface, till I have vindicated my self from the Calumny.
I believe had you publish'd that
second Letter
, there are few would have found any
Railing
in it; for to tell a Person an unwel come Truth in modest Terms is far from being so. This Sir, is all I have done: I have applied the Text of Scripture in the TitlePage of my Book,
to that more effectual Method of propagating Scandal, than the Tongue, your Licentious Pen
: I also told you, that
Calumny was your Talent; that neither the Dead, nor the Living, Bishops, nor Kings, could escape your severest Censure
. These, Sir, as unwelcome as they may be, are nevertheless Truths; and tho' it may seem needless to prove them such to any, that has been your Reader for a Month; yet I shall make good the Charge, from the Book now before me, which is, by the by, one of the
modestest
of your Performances.
And here I pass over your Sneer on Dr.
Snape
in the beginning of your Answer; (tho' it might be justly expos'd, as foreign to the Purpose, forced, and ridiculous;) and pass to
pag.
14. where you insinuate a Comparison between the present worthy
Metropolitan
, and the
Convocation
, and the
High-Priest and Sanhedrin
of the
Jews
in our
Saviour's
Time; by which you would make the World believe,
that they rest in outside Performances, have made void the Law of God by their Ceremonies and Traditions, and persecute such, as refuse absolute Submission to those Traditions
. This, as it is the first, so is it a very flagrant Instance of the Truth of my Charge against you.
The Second is
Pag.
17. much of the same Nature with the First; only to Calumny, you have there added a perverting the Scripture: For in the Text by you quoted from St.
John
, our
Saviour
evidently speaks of the
Excommunication
of his own
Disciples
by the unbelieving
Jews
. There is not one Word of the
Christian Clergy following their Example
; and I challenge you to prove, that they are so much as hinted at.
Your Accusation of Dr.
Sherlock
, for misquoting the Bishop of
Bangor
comes next, in which Mr.
Sykes
has since been your
Second
; believing therefore that the Doctor himself will answer him, I shall wave the Point, and desire you to wait till then for Satisfaction. Only I am apt to think, that it will at last be prov'd, (as it has once already, in relation to his quoting the Bishop's Words about our
Saviour's Example
) that, what he has left out, does not at all after the Sense of the Proposition.
The next Calumny is
Pag.
28. where you affirm,
That the High-Church Clergy, such as Archbishop
Laud,
Dr.
Sibthorp,
and Dr.
Manwaring,
in conjunction with their Brethren the Papists, did quite subvert our Constitution, and so far influence King
Charles
the First, that he turn'd our limited Monarchy into a despotical Tyranny
. Here we have that
Blessed Martyr, King
Charles, branded by you with the Name of
Tyrant
; and the excellent Archbishop
Laud
stil'd a
Brother to the Papists
, and
Subverter of the Constitution
. But while the admirable Works of the
Royal Martyr
, and the Learned
Conference
of the good
Archbishop
with
Fisher
the
Jesuit
, are in every ones Hands; your Folly will be hiss'd at for venting itself in such senseless Calumnies. There all may see how far the
King
condescended to the
despotical Tyranny
of his
rebellious Subjects
; how he gave away all, till he left himself defenceless; and would have complied with any Terms, which he could, without wounding his Conscience, grant: There they may behold the
Prelate
with great Judgment and Learning, triumphing over the Church of
Rome
, and establishing the
Protestant Faith
on
Scripture, Reason
, and the
Fathers
.
The
Witnesses
you have appeal'd to, I am a little surpriz'd at, for if any one read the Characters of the
King and Archbishop
, in my
Lord
Clarendon's
History
, he will find the very contrary to what you have affirm'd. Mr.
Nelson
is entirely against you; and if no more than his
Preface
be consulted, that will be sufficient to invalidate the Testimony of your
last Witness Rushworth
; whom he plainly demonstrates to be partial and unjust.
I observe, that you have referred us to no Page in any of these Books, as conscious of the Falseness of your Calumny; but have barely nam'd them, and left us to turn over ten or twelve
Folio's
, and
look for a Needle in a Bottle of Hay
.
In the next Page you say, the
Dissenters
were not guilty of the
King's Murther
; for the Proof of the contrary, I refer to the
Scourge
, No. I. which being very common, I shall not surfeit the World with needless Repetitions. The Words you quote from the 30th
Act of the 12th of
Charles I. are so far from being of any Service to you, that they expresly confute you. The Murder is there charg'd on
Fanatick Miscreants
: And I need not tell you, that
Fanatick
is a Synonimous Word for
Dissenter
. As to it's being said,
they were as far from being true Protestants, as true Subjects
; you may remember, that it has long been the Opinion of wise Men, that the
Dissenters, the Pretended only Protestants
, are secretly carrying on the Cause of the
Church of
Rome; and
Faithful Comin
is not the sole Instance of a
Jesuitical Schismatick
.
That the
Presbyterians
restor'd the
King
and
Monarchy
is equally false; and the Passage in the
King's Speech
is
very impertinently
introduc'd to prove it: For there is not one Word about the
Dissenters
in it.
I cannot but wonder at your Confidence, when you tell us,
Pag.
34. That a
Church of
England
Parliament
pull'd down the
Church of
England
Hierarchy
. Do you think, Sir, that all the World are grown Fools, that you would fobb so senseless a Lie upon us? Is not this the same, as if a Man should affirm, that the
Pope
in the Reign of
Henry
VIII. brought about the
Reformation
, and overturn'd the
Papal Supremacy
? I dare say, the one will as soon be believ'd, and may as easily be prov'd, as the other.
With the
same Air of Truth
, you in the same Page assert, that the
High-Church Party
sacrific'd the
Doctrine
of the
Church
to
Arminianism
and
Popery
, and their so much admir'd
Government
and
Discipline
, to a
Pope
at
Lambeth
, with a Train of
Inquisitors
, call'd a
Court of High Commission
. Here is another Insult on the Ashes of the
Excellent Archbishop Laud
: The Charge of
Popery
, I have already prov'd false; as to that of
Arminianism
, if by it be meant the
Remonstrant Notions
in the
Quiquarticular Controversy
; as the
Archbishop
gloried in maintaining it all his Life; so
we
glory in it to this Day.
The
Articles of the Church of
England, are very express in Favour of it, particularly that of
Predestination
, which the
Learned Dr.
Bennet has prov'd to be, as to every Propositon, fully contain'd in the
Writings of
Arminius: The
Holy Scriptures
, almost in every Page, confirm
this Doctrine
; and the
Writings
of all the
Fathers
of the
four first Centuries
, abundantly establish it. The contrary Doctrines, are the
Stoical Notions of Fate new Vampt, the old Heresy of the
Gnosticks
reviv'd
; and except the Name of the
Great Austin
, had recommended them to some inconsiderate Persons, they would long ago have been more universally exploded. The
Supralapsarian Scheme
of
Calvin
and
Twisse
, and the
Sublapsarian
of our
Moderns
is as monstrous a Doctrine, as contradictory to
Scripture
and
Reason
, as the
Popish Transubstantiation
; and he that has embraced the
Former
, is well prepar'd to swallow
the Latter
. I defie you or any Man, to prove the
Contra-Remonstrant Doctrines
not to be contradictory to the whole Tenour of
Scripture
, destructive of all Virtue and Piety, derogatory to
God's Justice, Truth, Mercy, and Goodness
, and
Blasphemous
in the highest Degree.
When you say,
Pag.
36. That the
Dissenters
in
King
Charles
the First's
Reign, were oblig'd to do what they did, in
mere Self-Defence
, against the
High-Church Party
, who treated them with
Cruelty almost equal to that of the Inquisition
; I hope you do not expect to be believ'd, till you specifie what that
Cruelty
was, and by
whom
it was
they
were thus inhumanly treated. This, I am assur'd, you will never be able to do; your
Scandal
lies in
Universals
, and you are not able to defend any one
particular
Point of it.
The present
Clergy
fall next under your Lash, as
Enemies to the Establishment in Church and State, ever since the Revolution
. This is a
Stale
Piece of Slander, worn quite threadbare, and so often answer'd already, that all I shall say to it, is, that you have the
true Spirit
of the rest of the
Whigs
in you, and tho' an Objection be ever so often and so solidly confuted, can continue it
with the same Confidence and Assurance
, as if not a Word had been replied to it. This is a Method used by many
Dissenters
, and meets with too much Success among the
Populace
.
Your last Attack is on
Her late Majesty of Blessed Memory
; whom you charge with making a
treacherous and inglorious Peace
, the Intent of which, was to Sacrifice
the three Nations
, with all the
Protestant Interest
in the
World
, to
Popery
and
Tyranny
. This
impudent Forgery
there are few now alive, but can from their own Memory and Knowledge confute; and that is a sufficient Excuse for me to forbear enlarging on this Head. For I have not so much of
Tommy Burnet
in me, as to write
merely to acquaint the World, with what they know already better than my self
.
I am tired with raking in this Heap of Scandal; but as you cannot deny, that you have forced me to it, that will I hope (
at least with you
) be a sufficient Apology for me. And now having fully prov'd my Charge against you, I beg leave to repeat part of my
second Letter
, and once more tell you;
that be the Cause you are engaged in, ever so just, it is but a Scurvy Trick to get a Habit of Lying for the Truth
. Whether you think
PartyZeal
will justify you in such
scandalous Proceedings
, I shall not take on me to Judge; but leave you to
God
and your own
Conscience
.
And now, Sir, I have done with the
Preface
, and shall proceed to the
Answer
, which you say, you are pleas'd to make to my Letter,
because
Solomon
advises us to answer some People, lest they be wise in their own Conceit
; that is,
to answer a Fool according to his Folly
. Thus do you
very civilly
call me, or rather the
Colchester
Doctor, whose
Amanuensis
you take me to be,
a Fool
: Pardon me, if I return not the
Compliment
; because
Solomon
in the preceding Verse advises us,
not to answer a Fool according to his Folly, lest we also be like unto him
. I shall therefore in the following Tract address my self to the
candid and impartial Reader
, and conclude my
Preface to you
, with subscribing my self,
Your humble Servant, The
Colchester
Amazon
,
Anne Roberts
.
THE FLYING-POST POSTED,
&c.
AFTER a
dull
Piece of
Insipid
Railery, which I have in the
Preface
consider'd, the
Author of the Flying-Post
begins his Argument, with an Accusation of me for not having read my Lord of
Bangor
with sufficient Attention; by which means he thinks I have mistaken the State of the Question. The
Religion
in Debate, it seems, is not now any other, than the
Christian Religion alone
, as revealed in the
New Testament
: Though it was thought by the Generality, that the Dispute had been about
Religion in general
. If I have indeed mistaken my Lord of
Bangor's
Meaning, I am not the only Person by many Hundreds, that have been obnoxious to this Mistake. Neither shall I have much Cause to blush, if
affected Obscurity
, and a
studied Darkness
have been too thick for a
Female Eye
to pierce through.
However I shall (as others have been forc'd to do in this Controversy already) trace him through this
other Meaning
; and prove, that by this Change of the Point in Dispute, he has been so far from gaining any thing, that he has only brought himself to a
Ne plus ultra
, where it is
impossible
for him to avoid owning his Meaning, and as
impossible
to defend it. This will be sufficiently perform'd, by proving, that even in the
Christian Religion
; as reveal'd in the
New-Testament
, the Hopes and Fears of another World, are not the
only
Motives, that render our Actions
Religious
.
But before I enter on the Proof of this, I think it proper to vindicate my Instances of the
Jews, Ninevites
and
Sadducees
, from the
strange
Misrepresentations of the
Author of the Flying-Post
.
He in a
preposterous
manner chuses to begin with the End of my Letter, and take my last Instance first; and because he shall not accuse me of beginning with the End of his Answer, I shall for once comply with him so far, as to follow that Order.
In his
ninth Page
he says, that the
Ninevites
believed and repented upon what
God
had revealed to them by the Mouth of
Jonas
; and that the natural Inference from this is, that
Christians
must also believe as much as they are taught. Now if it be once made evident, (as I shall fully prove it is in the Sequel of this Discourse,) that
Christians
have the Motives of Joy and Misery in this World,
as well as in the next
, propos'd to excite them to Obedience; this Argument will prove, that
Christians
, who say, the Hopes and Fears of another World are the
sole
Principle, from whence
Religious
Actions flow, do not believe as much as they are taught, and consequently are not so truly
Religious
as the
Ninevites
.
But, says the
Pamphleteer
, Pag. 10. It does not appear from the Text, that the
Ninevites
were not afraid of losing their Souls, as well as their Bodies and Houses. But, pray, does it appear that they were? If not, let the
Silence
of the
Scripture
in that particular, be a sufficient Proof, that it is a
meer Chimæra of his own Brain
. In such Points,
Idem est non esse & non apparere
: Where there is no Text to prove a Notion, that
negative Argument
is a full Confutation of it; though no
positive
Words of
Scripture
can be produc'd, that expresly deny it. There is no Text of
Scripture
, which says in express Words, that there is no
Purgatory
; yet all
Protestants
think that ridiculous Notion abundantly refuted by the
Silence of Scripture
on that Head, and the Insufficiency of those Texts alledg'd by the
Papists
to prove it.
Besides, all this
Scribler
aims at, is, to shew a
bare Possibility
of the
Ninevites
believing a Future State. I shall therefore put him in Mind of an
old Metaphysical Maxim;
A Posse ad Esse non valet Argumentum
: That is,
in plain English
, an Argument drawn from the
Possibility
of a Thing's Existence to its
actual
Existence, is inconclusive. What is more ridiculous, than to argue thus? It is possible that
London
may be burnt down to Morrow? Therefore it will be actually burnt down. It is possible, that the
Thames
may overflow, and drown the City; therefore it does so. What can be more absurd and nauseous than this? Yet of this Kind are the
trifling Cavils
of this
paultry Scribler
.
But at last he has found an Argument, which he triumphs in, and which, he thinks, proves, that they actually believed a Future State: And that is, that
Nineveh
was founded by
Noah's immediate Posterity
; who being a
Preacher of Righteousness
, we have Reason to believe, taught
his Posterity
the same
Faith
he entertain'd himself.
Ah! Unhappy Sophister!
Was there no Argument but this; which if it prove any thing, will equally prove, that
no Man ever
disbelieved a Future State? Are not
all Mankind equally
descended from
Noah
? If their being
his Posterity
proves, that they retain the
same Faith
, which he entertain'd; how comes it, that there are so many hundred
Heresies
in the World; so many
Sects
and
Parties
, divided from, and contradictory to each other? Were not the
Sadducees
descended from
Noah
? Are not all the
Infidels
, that ever lived since the
Flood
, his
Posterity
? Wherein then lies the Force of this Argument? But perhaps, as a certain
Free-Thinker
has found out
Men before the Flood not descended from
Adam, so you may have made a Discovery of
Men after the Flood not descended from
Noah.
To do you Justice, Sir, I must own, that the Stress of your Argument lies in their being
Noah's immediate Posterity
; by which you insinuate, that the
Tradition
of his
Faith
, could not be so soon wholly obliterated. To this I reply, that it still remains to be proved, that that
Tradition
in succeeding Generations was preserved uncorrupted, even till the Time of
Jonas
. The contrary may with great Reason be inferr'd from the Fate of that
Tradition
, even in the
Posterity of Shem
, the Father of
Ashur
, Founder of
Nineveh
; whom for his eminent Vertue and Piety, some
mistaken Commentators
will needs have to be
Melchisedech
, King of
Salem
. Now we find in the ninth Generation from him, his
Posterity
had so far deviated from the
Faith
, that they not only disbelieved a Future State; but were ignorant of the
True God
, and followed
Idols
: Insomuch that when
God
reveal'd himself to
Abraham
, he call'd him out from his
Idolatrous Country
and
Kindred
, and separated him from the Danger of being infected by their Contagion. Was not
Nimrod
the great Grandson of
Noah
, the
Head
of that
Rebellious Crew
, who in Defiance of the
Almighty
, projected the building a
Tower
whose Top might reach to Heaven; thereby thinking to secure themselves from the Danger of
another Flood in this World
, which if they could effect, they stood in no Awe of
any Flames in the next
? Where now was
this uncorrupted Tradition
? What, quite lost and eras'd in the
third Generation
from
Noah
? How can it then be thought probable, that it should descend pure and entire to
so distant an Age
, as that in which the
Prophet Jonas
liv'd? Even after the giving of the
Law
, we find the
Scriptures
of the
Old Testament
, tho' in the Hands of the
Sadducees
did not secure them from the Disbelief of a Future State: And where a
written Rule of Faith
has fail'd, how much more insufficient will
a Traditional one
be?
This may serve also for an Answer to your Argument,
Pag.
16. where you conclude from
Job's
Belief of a Future State, that it cannot be prov'd the
Ninevites
disbelieved it. For tho' it were ever so evident, that the Doctrine of a Future State was preserved pure and entire in the Days of
Job
, who lived, as all agree, before the giving of the Law; that is no Proof, that it descended in the same Purity to the
Co-Temporaries of Jonas
, who lived so long after the
Law
.
I might have objected, that divers of the
best Commentators
, particularly
Grotius
and
Patrick
, are of Opinion, that the Words of
Job
, Ch. xix.25,
&c.
refer only to that full Assurance he enjoyed of a Deliverance from his present Affliction, and the loathsome Disease, which he then labour'd under. But I am not willing to enter into a needless Dispute: And since the
Church of England
in her
Burial Office
has applied this
Text
to a Future State, I
humbly submit
my
private Judgment
to
her wise
Determination, and to the excellent Reasons of the admirable Bishop
Pearson
.
If the Experience of modern Travellers assures us, that the
most barbarous
Nations in
Asia
now believe another World, that is nothing to the Purpose; for that proceeds from the
Promulgation
of
Christianity
; some Remains of which, the Learned Dr.
Jenkin
, in his admirable Treatise of the
Excellence
and
Reasonableness
of the
Christian Religion
, has largely proved to be still preserved in a Multitude of Nations, where the
Substance
is clouded and lost in
Superstition and Infidelity
.
I come now to his Answer to my Argument from the
Sadducees
, in which tho' he has been
very large
, I shall be
somewhat brief
, because all he has said is little to the Purpose.
The Question put to him, on this Head, in my Letter, was;
Whether they, who believ'd not a Future State, as the
Sadducees
did not, upon Supposition of the Truth of the
Bishop of
Bangor's
Notion,
have any Obligation to Acts of
Religion? This he complains,
P.
26. is so
ambiguously worded
, that he cannot easily fathom my Meaning. I protest,
I cannot fathom his
; when in order to prove them so, he would interpret them, whether they could
think
themselves oblig'd to Acts of Religion? Is there one Syllable in my Question about
their Thoughts
? Is it not ask'd in express Words, whether they
have
any Obligation to
Acts of Religion
; not whether
they think they have or not
? Where then is there any
Ambiguity
, but of his own Inventing? The Truth is, he finds himself press'd with the Strength of the Argument, and to evade a Reply, pretends it
Ambiguous
: Yet in the
same Paragraph
he
unluckily
stumbles on the true Meaning of the Question; but not being able to answer it, he proves at large a Thing foreign to the Purpose,
viz. That the
Sadducees
were
a wicked Generation of Vipers,
and denied
the Resurrection. The contrary to this, NoBody ever maintain'd; I shall therefore pass over his
impertinent
Digressions on that Head.
The Question is not what the
Sadducces
were; but what they were obliged to be: Not what
Acts of Religion
they did perform; but whether it does not follow from the
Bishop of
Bangor's
Notion
, that they have no Obligation to perform any? And whether his Notion be not
therefore
Erroneous?
That from the
Bishop's Notion
, it necessarily follows, that they were oblig'd to
no Acts of Religion
, I thus prove: No Man is oblig'd by God, to do that, which is impossible: Now, if, as the
Bishop
says, the Belief of another World is the
only
Principle, that can render an Action
Religious
; then to them who believe not a World to come, the doing a
religious Act
is
impossible
; because they want that Principle from whence
alone, Religious Actions flow
; and consequently can no more perform them, than a Bird can fly without those Wings, which
Alone
enable it to soar from the Earth: Therefore to these
impossible Acts of Religion
, they who disbelieve a Future State, are not oblig'd. I have here set down the Result of the
Bishop's Notion
: That of Dr.
Sherlock
on the contrary, (which makes the
Fear
of
God
, whether it have Regard to this or the other World; Love and Gratitude for our Being and Preservation, and all his Temporal Mercies; Principles, from which
Religious Actions may flow
;) lays on the
Sad ducees
indispensible Obligations to
Acts of Religion
: whereas they, according to
my Lord of
Bangor's
Doctrine
, can be accountable for nothing, but their
bare Disbelief
of a
Resurrection
; not for those
Religious Acts
, which to Men so persuaded,
himself
affirms to be
impossible
: And I suppose,
he
is not ignorant of that
universally received Maxim
of the
Casuists,
Impossibilium nulla est Obligatio
.
In the twelfth Page, something of an Argument is offer'd at, which I would consider, if the Texts quoted mention'd any thing of the
Sadducees
: But I can find nothing in the whole
first Epistle to the
Corinthians, that relates to them. If it be objected, that tho' the
Persons
disputed against
in the 15th Chapter of that Epistle
, are not the
Sadducees
; yet the
Error
there treated of, is the same with that
they
maintain'd and therefore, that the Argument is still conclusive: I answer, that
Mr. or Mrs.
Rdth, (for whether I am disputing with the Gentleman, or his Wife, the Weakness of the Argument gives me Cause enough to doubt,) quotes these Texts, to prove, that the
Sadducees
could not
think
themselves oblig'd to
Acts of Religion
; whereas, if he would confute me, he should quote something, which proves them
actually
under no Obligation to
Acts of Religion
. I do not think my self oblig'd, when he flies from the Point in Dispute, to follow him to other Topicks, nothing at all to the Purpose.
From the Belief of another World being by St.
Paul
accounted the
chief
Hope of a
Christian
, he would infer, that Dr.
Sherlock
contradicts St.
Paul
; and then asks, whom I will believe. Truly, Sir, St.
Paul
; if he indeed contradicts the
Doctor
. But I desire you to remember, that the
Doctor
does not
exclude
the Belief of another World from
Religion
, nor deny it to be the
chief
Hope of
Christians
; but affirms it not to be the
Sole
Principle, from whence
Religious Actions flow
: And that St.
Paul
himself affirms the same, I shall in its proper Place demonstrate. In the mean Time, I shall end this Point, with informing you, that tho' the
Faith
of
Christians
in a Future State be, if there be no such State,
as to that Point
, vain; it does not from thence follow, that there are no Promises in the
Gospel
, but what relate to a Future State; which was the Thing you ought to have proved.
In his Collection from
Josephus, Drusius
and
Scaliger
, my Adversary contradicts himself, and gives up the Cause, by owning, that the
Sadducees
observed the
Law
, (that is, did such
Religious
Acts as the
Law
enjoyns) to enjoy the
Temporal
Blessings it promis'd, and to escape the Punishments denounced to its Transgressors. Here we have
Religious Actions
flowing from the Hopes and Fears of
this World
, and
himself
confuted by
himself
.
Another Instance of Self-Contradiction in him, is
Pag.
10. where he, in answer to my Question about the
Sadducees (I suppose ignorantly
) owns, that their not believing another World, could not dispense with their Obligations to
Acts of Religion
. Here he confesses what Dr.
Sherlock
and I have asserted, and leaves
my Lord of Bangor
in the Lurch. And yet, poor forgetful Man, he after writes three Pages to prove the contrary. There is an
old Proverb
about the Necessity of some Persons having a good Memory, which I wish he had given me no Reason for the Application of to himself.
Having said a great deal to prove the
Sadducees
did not think themselves oblig'd to
Acts of Religion, my doughty Antagonist
thus concludes:
''This is enough to let you see, that the
Sadducees
could not by their Principles be oblig'd to any
Act of Religion
.''
This Conclusion
is somewhat strange from
such Premises
, and in Syllogism stands thus:
They who think themselves oblig'd to no
Acts of Religion
, are oblig'd to none.
The
Sadducees
thought themselves oblig'd to no Acts of Religion.
Ergo
. The
Sadducees
are oblig'd to none.
Whether the
Major
of this Syllogism be not the Tenet of
Deists and Atheists
, let every one judge for himself. I shall quit this Head with observing, that
it is plain
from the Beginning and End of his Argument on this Topick, that he knew the true State of the Question; and
as plain
, that he constantly avoided speaking to it, because he indeed had nothing to say to the Purpose.
It is now plain, that what he has already said, and I have already confuted, can be no Answer to my
Quotation from the Proverbs
: And that this
Don Quixote
amuses himself with
fancied Conquests
.
The Text from
Solomon
remains then still in full Force; and his striving to envince, that the
Jews
in his Reign were not ignorant of a Future State, is wholly impertinent, because I did not affirm that they were, but that they might do
Acts of Religion
out of the Hopes and Fears of
this
, as well as of the
other
World He would fain puzzle the Controversy, and have it thought, that we
exclude
the Belief of another World from
Religion
: Whereas in Truth, we
exclude not
another World, but oppose his
excluding the Promises of This
. We take the Promises and Threatnings of
both This and the other
World into
Religion
; he
excludes
those, that relate to
this World
, and embraces only those, that re late to the
other
; and therefore his
Religion
from which
one half
of
God's Threatnings
and
Promises is excluded
, is truly and properly
the half-fac'd Religion
.
Having done with the
Bishop's Knight-Errant
I shall now come to
himself
, and state the Question in his own Words. In his
Answer to the Committee
, Pag. 151.
his Lordship says:
"We are led by
Christ
to the firm Assurance of another World: The Belief of which, is what
Alone
renders our best Actions
Religion,
as it is the Principle within us, from whence they flow; and from whence, when they do not flow; they cease to be
Religion.
"
Here it is affirm'd, that the Belief of another World is what
Alone
renders our best Actions
Religion
; which necessarily implies, that the Hopes and Fears of
this World
are no where propounded by our
Saviour
, as Motives to Obedience: For if they are, then Actions flowing from the Belief of God's Promises in
this World
, flow from a
Religious Principle
. And that we are led by
Christ
to the Belief of such Promises, is plain from his own Words,
Matt.
vi.33.
Seek ye first the Kingdom of
God
and his Righteousness, and all these things shall be added unto you
. In those Words a Future State in indeed the
first and chief
Motive, but not as his
Lordship
affirms, the
Sole
Motive to Righteousness.
Temporal Blessings
are expresly promis'd; and because some Persons triumph in the many Warnings
our Saviour
gives his Disciples of the
Persecutions
, they must undergo; and think that a strong Proof of a Future State being the
Sole
Motive to
Religious Actions
under the
Christian Dispensation
: I desire it may be consider'd, that
Christ
, even in the same Sentence, in which he mentions the
Case of Persecution
, promises his Disciples an Affluence of
Temporal Blessings
. This appears from
Mark
x.29,30.
And
Jesus
answered and said, Verily I say unto you, There is no Man, that hath left House, or Brethren, or Sisters, or Father, or Mother, or Wife, or Children, or Lands, for my Sake, and the Gospels; But he shall receive an Hundred-fold
now in this Time,
Houses, and Brethren, and Sisters, and Mothers, and Children, and Lands,
with Persecutions;
and in the World to come Eternal Life
. Here our
Saviour
again joyns the Promises of this Life, with those of the
next
, even when the
Case of Persecution
was in his Eye: And what can be a more evident Proof, that the Belief of the Promises of another World is not the
Sole
Principle, from whence
Religious Actions
in the
Christian Dispensation
flow; than that the
Institutor
of that
Religion
has joyned the Promises of the Blessings of
this World
to the Promises of those
in the next
, as Motives to our Obedience.
I am sensible it may be look'd on as a Breach of good Manners, and a Piece of the highest Arrogance, for
a Woman
to contend with
a Bishop
: I shall therefore chuse to transfer the Controversy from my self to
another Bishop
, who, when alive, with Christian Zeal oppos'd
his Lordship's Notions of Civil Government
; and
being dead yet speaketh
against this
his new Definition of Religion
. The Person I mean is,
the worthy Bishop
Blackall
of Blessed Memory
, from whose sixty sixth Discourse on the Sermon in the Mount, I shall quote what is to any rational Man a sufficient Confutation of the Bishop of
Bangor
.
To prove that
Temporal Rewards
are promised in the
Scripture
, as Motives to
Acts of Religion
; that
Pious Prelate
quotes the
Psalmist's
Words:
The Eye of the Lord is on them that fear him, upon them that hope in his Mercy; To deliver their Soul from Death, and to keep them alive in Famine
, Psal. xxxiii.18,19. And again,
Psal.
xxxiv.10.
The young Lions do lack and suffer Hunger; but they that seek the Lord shall not want any good thing
. And again,
Psal.
xxxvii.18,19.
The Lord knoweth the Days of the Upright, and their Inheritance shall be for ever. They shall not be ashamed in the evil Time, and in the Days of Famine they shall be satisfy'd
.
"These
,
says that good Bishop
,
some may say are
Old Testament Promises
, and so do not belong to
us
: But let it be consider'd, that
God
has been pleas'd also in the
NewTestament
to renew them, and to give us fresh Assurances of his Fatherly Care, in protecting and providing for good Men,
even in this Life
.
St.
Paul
,
continues he
,
who writing only to
, cannot be suppos'd to have encouraged them to their Duty by such Promises, as do not belong to them, yet says expresly, 1
Tim.
iv.8. that
Godliness is profitable unto all Things, having the Promise
of this Life, that now is, as well as of that which is to come.
His Lordship goes on to prove,
that the
Temporal Promises
of the
Old Testament
are not yet out-dated, but do belong to
Christians
as well as they did to
Jews
. This
, he saith,
we are clearly taught by the
Author of the Epistle to the
Hebrews,
Ch.
xiii.5. where he declares, that the Promise made to
Joshua, I will never leave thee nor forsake thee
; (altho' at the first making, it seemed to be particular and personal, made to
Joshua
alone) is yet to be understood, as an
Evangelical Promise
, made to
every good Christian
. And that not this Promise only, but likewise all such
Temporal Pro mises
in the
Old Testament
do belong to
us Christians
, no less than they did to the
pious Israelites
; the same
Apostle
plainly enough intimates in the next Words;
ver.
6. by his citing another Text from thence, which he says we also may apply to our selves: So that we may boldly say,
the Lord is my Helper, I will not fear what Man can do unto me
."
Thus far that excellent
Prelate
; to whose Argument from St.
Paul
, I beg leave to subjoin one of the same Nature from St.
Peter
; who speaking of a Blessing, to inherit which
Christians
are call'd by
God
, expresses the Nature of that Blessing in the Words of the Psalmist,
Psal.
xxxiv.12,13,14.
He that will love Life, and see good Days; let him refrain his Tongue from Evil, and his Lips, that they speak no Guile; let him eschew Evil, and do good
, &c. 1
Pet.
iii.10.11.
From all this I thus argue;
That Action, which flows from a firm Trust, and steadfast Belief in the Promises of God, flows from
a truly Religious Principle.
The Actions we are moved to by God's
Temporal Promises,
do (as well as those we are mov'd to by His
Eternal)
flow from a firm Trust in God and stedfast Belief of His Promises
.
Ergo.
The Action we are moved to by God's
Temporal Promises,
do (as well as those we are moved to by his
Eternal)
flow from
a truly Religious Principle.
If this be granted, (and how it can be denied I can't see) it follows, that flowing from a
truly Religious Principle
, they are
truly
Religion; and if they are
truly Religion
, it is false, that the Belief of another World is what
Alone
renders our best Actions
Religion
; and that when they flow not from thence; they
cease to be Religion
; For when
each terminates in God, each constitutes an Action
Religious.
Thus have I shewn, that the
Bishop of
Bangor's
Definition
, is, as Dr.
Sherlock
stiles it,
a new Definition of Religion
.
I shall close all, with observing, that if the
Bishop
was really the
Doctor's Tutor
, as the
Author of the Flying-Post
suggests; I cannot but congratulate the
Doctor
in being so like St.
Cyprian
, in relation to
Tertullian
; that is, in having copied all the
Bishop's Excellencies
, and with great Judgment
avoided his Errors
.
APPENDIX.
THE
Author of the
Flying-Post, having impotently attack'd
Dr.
Sherlock's
Reasons for continuing the
TestAct; I shall vindicate the
Doctor
from his insolent Malice, and add a Word or two on that Subject. The Principle, on which the
Doctor
justifies that Act, is
SelfDefence
; and sure no Adherent of the
Bishop of
Bangor,
that great Patron of
SelfDefence to the
State
, will deny the same Priviledge to the
Church
. It is true the
Dissenters
are by some represented, as harmless People, content with their
Toleration
; but the Reverend Mr.
Lewis
, in his Letter to Sir
John Smith
, has evinc'd the contrary, and proved, that they aim at nothing less, than a
total Subversion to the Church of
England. The Stab, they have so often repeated with their
Pens
, they would, if Power were in their Hands, as often repeat with the
Sword
. Their Writings are a clear Evidence,
and bear Witness against them, that they are the Children of those, who
martyr'd the King,
and pull'd down
the Episcopal Hierarchy: And they are ready at the first Opportunity,
to fill up the Measure of their Father's Iniquities
. Thus it ever was and ever will be with them: And to show that I am not singular in this Opinion, I shall quote a few Sentences from
Parker's Ecclesiastical Polity
, wrote in the Reign of
King
Charles
the Second
, which unanswerably prove it true. They are all collected out of his Fifth Chapter:
"No
Party
can ever be quiet or content, as long as it is under any other, but will ever be heaving and struggling to dismount that Power, that keeps it down: And therefore we find, that
all Dissenters from the establish'd Frame of Things
are always assaulting it with open Violence, or undermining it by secret Practices. Oppress'd they are as long as they are the weaker Party. It is an eternal Truth with them; that
for the Godly Party not to be uppermost, is and ever will be Persecution
. All
Sects
ever were and ever will be fierce and unruly to enlarge their own Interests. Every
Faction
apprehending it its Due to be Supreme, it will be Crime enough in any one Party to be superior to another. So that if all
our Dissenting Sectaries
were allow'd their entire Liberty, nothing can be expected, (especially from People of their Complexion) but that they should all Plot together against the
present Establishment of the Church
. Apprehending the
Way of Worship now establish'd by Law
, Defective and Superstitious, they cannot but be bound in Conscience to endeavour its utter Ruin and Subversion. We never find this Way of
Toleration
put in Practice under any Government, but where
other Exigencies of State
required and kept up a
Standing Army
. So that unless we are willing to put our selves to the Expence and Hazard of keeping up
Standing Forces, Indulgence to Dissenting Zealots
does but expose
the State
to the perpetual Squabbles and Wars of
Religion
. Though the
State
think itself unconcerned to restrain Mens Persuasions and Opinions; yet methinks they should be a little concerned to prevent the Tumults and Disturbances, that naturally arise from their Propagation. For the Common-wealth will be eternally torn with intestine Quarrels and Commotions till it grow so wise again, as to suppress
all Parties but one
; that is, till it return to that Wisdom and Prudence, from whence it departed by
Toleration
.
I hope no one will
misapply
any of these Sentences to a Meaning, never intended by the
Author
in Writing or
me
in quoting them: If any stretch them to such a Purpose, let him answer for it; I am not concern'd. I shall conclude the whole with
one Quotation more
out of his
sixth Chapter
, for the Application of which, I believe, few will be at a loss.
"All the
pious Villannies
, that have ever disturb'd the
Christian World
; have shelter'd themselves in this grand Maxim;
That
Jesus Christ
is the only Lawmaker to his Church; and whoever takes upon him to prescribe any Thing in Religion; invades his Kingly Office
."
The
Gnosticks
of old so abus'd this Pretence, to justifie any Seditious and Licentious Practices, that they made
heathen Princes
look on
Christianity
as an Enemy to Government: And the
Fanaticks
of late, have so vex'd and embroil'd
Christendom
with the same Principle, that
Christian Princes
themselves begin to be of the same Persuasion. It is become the only Patron and Pretext of Sedition; and when any Subjects have a Mind to set themselves free from the Laws of their Prince, they can never want this Pretence to warrant their Disobedience; seeing there is no Nation in the World, that has not divers Laws, that are not recorded by the
four Evangelists
. And therefore, if all
human Institutions
intrench upon
our Saviour's Kingly Prerogative
, they are, and ever must be provided with Matters of Quarrel
to disturb Government and justify Rebellion
.
FINIS.
SCRIPTURE Vindicated FROM THE MISINTERPRETATIONS OF THE Lord Bishop of
BANGOR
: In his
Answer
to the Dean of
WORCESTER's
Visitation SERMON CONCERNING CHURCH-AUTHORITY.
By FRANCIS HARE,
D.D. Dean of
Worcester,
and Chaplain in Ordinary to His Majesty
.
LONDON
: Printed for
Jonah Bowyer
at the
Rose
in St.
Paul's Church-Yard
, and Sold by
J. Roberts
in
Warwick-Lane
. 1721.
THE
PREFACE
.
SOON after the Bp. of
Bangor's Answer
came out, the Attention of the Town was so wholly turned from Books to Matters of another nature, and still is so; that the Reader, I believe, will be more apt to ask why I
reply
at all, than why I have not done it sooner. Instead, therefore, of troubling him with the reasons of my not doing it before, I will only say, that I write now, because I promised in the Postscript to my
Sermon
, I would, more than for any other reason; otherwise I should have chosen to be still silent, rather than help to the revival of a Controversy, that seemed to be dead, and buried in the vast Abyss, that has swallowed up almost every thing else.
To the Business therfore, without more Apology. And here I might, after the example of the B. but with much greater reason, endeavour to excite the Compassion of the tender-hearted Reader, with long and loud Complaints of his unkind Usage of me, who besides all the other Arts of an unfair Adversary, has many peculiar to himself, which the World are now so well acquainted with, that no Reader can be a stranger to them; but I have so little occasion for such Artifices, that I shall begin with returning his Lp. my most hearty Thanks, for those very Things which are the justest matter of Complaint.
And first, I thank his Lordship for setting out in the very
Preface
of his
Answer
, with one of the most palpable Instances of
Insincerity
a Man can well be guilty of. I had said,
"I could not think it equitable in the Governors of the Church, to call in the secular Arm, to oppress and crush under its weight
Virtuous
and
Learned
Men, for the mistakes their disinterested pursuits of Truth and Knowledge may happen to lead them into."
The sense of this Passage is so plain, that no body can mistake it, who does not do so wilfully. The Opposites to
Virtuous
and
Learned
, are
Vicious
and
Ignorant
. I ask no favour for the Writing of the
Learned
, if they are not
Virtuous
; nor for those of others, who are not
Learned
, for what business have the
Ignorant
and
Unlearned
to write in Controversies of Religion? And if
Learned
Men write in opposition to the Established Religion, who are not confessedly Persons of
Integrity
and
Virtue
, there may be just reason to suspect, that under the colour of Conscience, and a pretended love of Truth, they serve some Party-Views, and design either to promote Impiety and Irreligion, or to disturb the Peace and Welfare of the State. The advancing novel, or the opposing the received Doctrines in Religion, have generally that malignant influence on the Civil Government, that the Magistrate can't have too watchful an Eye upon them, tho' his Care were confin'd to the Affairs of Civil Life, and he had as little Zeal for the Honour of God, or as little obli gation to such a Zeal, as has been of late publickly contended for. Indulgence therefore, in my humble Opinion, is then only due in these matters, not when Men write with great Confidence and little Reason on their side, but when their Modesty and Diffidence of themselves, and Deference to Authority, are great and visible; and the reasons they give for their Opinions are solid and strong, and such as shew they have well considered their Argument; that is, they must be
Virtuous
and
Learned
Men; otherwise they will want either the good Qualities, or the Abilities they ought to have. And this, one would think, is so very reasonable, that if it could not procure his Lp.'s Concurrence, it might, at least, have escaped his Censure. But his Lp. is so much out of humour, that
Virtuous
, and
Vicious
, are terms that pass for nothing with him; and I am represented as claiming Favour only for the
Learned
; but for the
Ignorant
and
Unlearned
, persecute them who will, I have nothing to say against it. So gross a Misrepresentation at the very entrance, is a warning to every impartial Reader, to let him see, that nothing fair or candid is to be expected from such an Adversary; and that the struggle is not for Truth, but Victory.
Another thing for which his Lp. has my Thanks, is, that he has in several places of his
Answer
, declared himself a profess'd Enemy to
Learning
: and makes it a Crime in the Dean,
"That he has been pleased to give a privilege to the
Errors
of the
Learned
, tho' in truth more inexcusable than the
Errors
of the
Unlearned
;"
and thinks himself,
"That St.
Paul
would not have had the least regard to such a
Qualification
, unless as it might
aggravate their Crimes
, p.157." Which reminds me of what he says, in his
Answer
to the
Committee
, p. 98. That
"what is called
Learning
, is so far from being the most necessary, or the most useful Qualification in this case, (of judging in Matters of Religion) that there is nothing which has been seen to administer so many doubts, and so many differences, as
that
: nor are any, in Experience, seen to be less secure from Error, than
Learned
Men. For this, look out into the
Popish Countries
, and see whether one
Illiterate Honest Man
, be not as capable of judging for himself, in
Religion
, as all their
Learned Men
united; even supposing them met together in a
General Council
, with all possible marks of Solemnity and Grandeur."
Had his Lp. added,
and with all possible Freedom and Sincerity
; it had been a finished Sentence, and every way worthy of its Author. But what makes his Lp. such an Enemy to
Learning
? Do the
Illiterate
owe nothing to it? Whence have they the
Scriptures
laid open to them in the Vulgar Tongue? Does the
Reformation
, for which his Lp. expresses so much Zeal, owe nothing to Learning? What but the revival of
Learning
opened the eyes of people to see the Corruptions of the Church of
Rome
? What but
Learning
enabled the
Reformed
to defend the Separation they had made? What but
Learning
discovered the Impostures, the Forgeries, the lying Wonders, the Innovations in Doctrine, Discipline, and Worship, the Usurpations and Tyranny of the
Papacy
? What could justify a Separation, but their being able to assign these causes for it? And what could do that but
Learning
, great and consummate
Learning
? These considerations, I should have hoped , would have prevailed with his Lp. to be less severe in his Censures of it. But lastly, I may ask in favour of
Learning
, does his Lp. owe nothing to it? I am sure some of his Friends at least do; and for their sake, methinks, both
Learning
and
Learned Men
might have met with better quarter from him. For my own part, I think my self extremely obliged to his Lp. for so frank a Declaration; and shall always rejoice to have such Adversaries, who at the same time declare themselves Enemies to
Learning
provided they do it with Sincerity. When that is the case, I shall flatter my self, that I have a good Cause, and our Readers, even the most
Unlearned
, will be apt to think so too. And it is indeed no small satisfaction to think, that whoever attacks
Learning
, if he does it weakly, does it no hurt; and if he does it well, his own performance is a good argument against him; while he shews thereby its Usefulness, as well as his own Ingratitude. But I must do his Lp. the justice to acknowledge he is fair in this, that he has not attacked
Learning
with weapons borrowed from it.
A third thing from which I thank his Lp. is, that he who has so long affected the guise of great Meekness, and of the most Christian Patience, has at last thrown off the Mask, and shewn he can be very
angry
. Which is the more extraordinary, because it is not only certain, that I had given him as little Provocation as a man could well do, that presumes to differ from him; but that he might from several circumstances have seen reason for a more than usual moderation of his Resentments on this occasion, instead of letting them loose in so extraordinary a manner. For I am persuaded, he does not think I liked the Notions of his Sermon at the first appearance of it, more than I do now; and from thence he might reasonable have imputed my silence for years together to causes that gave me a right to a better treatment. But I do not complain, I am pleased; his Lp. has now quitted the only advantage he had over his Adversaries; that appearance of Humanity and Tenderness, of a patient and forgiving Temper, which has hitherto done him so much service, and has so often moved the pity of his Readers, and made those who could not judge of the merit of the cause, think he had been really injured. His Lp.'s Anger now is open and undisguised, and his words will no longer have more Weight with his Readers than they have Reason in them, which his Anger may take something from, but can add nothing to. This therefore is another thing for which his Lp. has my hearty thanks. I don't love to engage with one who kills with good words, and gives a mortal Wound in the shape of a charitable Prayer. I am glad when an Adversary shews his Resentment. When a man's Anger is his Interpreter, we fear no latent Reserves; and his Words, how pointed soever, will do but little hurt; and others will think it no small sign of an ill cause, whatever he may think himself: especially when it is so unprovok'd, that no body, who is not in the secret, is able to assign a reason for it. For my own part, I am sure no good one can be given, none that is adequate, or in any measure proportioned to it. These several marks and effects of his Lp.'s Displeasure being really all of them so many prejudices in my favour, I accept them as such, and instead of Expostulations and Complaints, make him this humble tender of my Thanks for them.
As to the charge of my favouring the
Persecution
of
innocent
but
ignorant
people, I have already expressed my sense of that matter in the P.S. beforementioned; and have there said, that
Negative Discouragements
are not included in my notion of
Persecution
; in which that I am not
singular
, I might shew from many modern Authorities, and such as were friends to
Toleration
; not only from single Writers of great note, but from the Concessions in the famous Conference between the two Houses of Parliament upon the
Occasional Bill
in that last Reign. I might defend the Lawfulness of them even from his Lp. himself, who has made it the great Foundation of his
Preservative
, that the
State
has a right to all means for its own Defence; that is, for the Defence of its Constitution, of which the
Established Church
is as yet a part, and I trust in God, so long as we can preserve the
Protestant Succession
, always will be. But if the
State
has a right to all means of Self-defence, then to
Negative Discouragements
among others. But I will content my self with telling his Lp. what was thought
Persecution
in the Fourth Century, not by
Ecclesiasticks
, whom his Lp. may think incompetent Judges in this case, nor by such
Emperors
as he may perhaps suspect were under the influence of
Churchmen
: I will give him the Opinion of no less a person than the Emperor
Julian
, who, had he not been seduced by vain Philosophy from the
Christian
Faith, was in other respects a most accomplished Prince, for Learning, Virtue, and Humanity; and who thought Persecution merely for Religion so unreasonable, that immediately upon his accession to the Empire he recalled from banishment all that had been exiled by the influence of the
Arian
Faction under
Constantius
, and caused Restitution to be made to such whole Goods had been confiscated on that account. Of this we have a very full Declaration in his fifty-second Epistle, where he shews how much more the
Christians
were obliged to him than to his Predecessor:
Synebē gar epi men ekeinou tous pollous autōn phygadeuthēnai, kai diōchthēnai, kai desmeuthēnai polla de ēdē kai sphagēnai plēthē tōn legomenōn hairetikōn.
.
ep'emou de t'ounantion hoi'te gar exhormēthentes aphethēsan kai hoi dēmeuthentes apolambanein ta sphetera hapanta nomōi par'hēmōn elabon.
.
And in the same Epistle he declares it his opinion, that those who are in Error through Ignorance, rather than Design, should be wrought on by Persuasion and Instruction, not by Force: and therefore most earnestly recommends it to those of his own Religion not to injure, or assault, or offer any violence to the
Christians
, either to their Persons or Houses.
Logōi peithesthai chrē, kai didaskesthai tous anthrōpous, ou plēgais, oude hybresin, oude aikismōi tou sōmatos. authis te kai pollakis parainō tois epi tēn alēthē theosebeian hormōmenois mēden adikein tōn Galilaiōn ta plēthē, mēde epitithesthai, mēde hybrizein eis autous: eleein de chrē mallon ē misein tous epi tois megistois prattontas kakōs.
To the same purpose he expresses himself very fully in other places, particularly in his forty-third Epistle, which begins thus:
Egō men kekrika tois Galilaiois hapasin houtō praōs kai philanthrōpōs [chrēsthai] hōste mēdena mēdamou bian hypomenein, mēde eis hieron helkesthai mēd'eis allo ti toiouton epēreazesthai para tēn oikeian prothesin.
And the last words of the preceding Epistle are, speaking of the
Christians
,
kai gar, oimai, didaskein, all'ouchi kolazein chrē tous anoētous.
Thus averse was
Julian
to all Force in matters of Religion, and to every thing that is in common language underflood by
Persecution
. But did he think it was inconsistent with Justice, or his Humanity, not to employ them in his Government, and bestow favours on them? By no means. He thought there was a great deal of difference between not persecuting, and not favouring. Hear him in his seventh Epistle.
Egō nē tous theous oute kteinesthai tous Galilaious, oute typtesthai para to dikaion, out' allo ti paschein kakon boulomai, protimasthai men toi tous theosebeis kai pany phēmi dein
.
The
Christians
he would not have killed, or beat, or any way injured; but those of his own Religion he thinks should have the preference, and the favours of his Government. This was the sense of
Julian
, and I have never heard of any wise, or indeed of any weak Government, before or since his time, who thought that those who dissent from the Publick Religion had a Right, a natural inherent Right, to Places and Fa vours. And I am persuaded, all Government will ever be of the same mind, that it is within their own breast to determine, how far, and under what limitaions, to indulge those who dissent from the Established Worship; and that they will not by the novel Schemes of private Writers ever suffer this invaluable Prerogative to be wrested from them.
It has indeed been argued in a late Sermon,
That the Civil Magistrate has nothing to do in matters of Religion, and that
Absolute Liberty
in all such is every man's just Right
; but with what success? No Law of God in the Old Testament, no Precept of our Saviour or his Apostles in the New, can be produced to justify this notion; no Precedent or Example for it can be found in Scripture, either with respect to
Jewish
, or any other Govenors; no instance can be brought from any History to support this conceit either before or since our Saviour's time, though we look as far back as the
Egyptians, Chaldeans, Persians
: Let us search to the ends of the Earth, from Pole to Pole, from the Rising to the Setting of the Sun, through all the Revolutions and Ages of the World, we shall not find any one Civilized Government weak enough to give up so valuable Right. On the contrary, though by some modern Schemists Governments as well as Worlds can be framed without a God, all wise Governors have ever founded their Government in Religion; and as they looked on themselves as God's Vicegerents, have thought it their Duty to take care of his Honour in the first place; this indeed they thought not only their Duty, but their Interest; that the Stability of their Government depended on the Piety of their People, and that their Laws had their greatest froce from whence themselves derived their Power, from God; and therefore Religion had always the first place in their Laws, both on account of its own Dignity, and for the Influence it would naturally diffuse thro' them. No instance is brought to the older side, but of one
Gallio
, an inferior Governor of a Province in the Reign of
Claudius
; tho' the
Sermon
indeed would make one think it was in the Reign of
Augustus
. For in explication of his Text, the Preacher tells us,
Gallio was the
Roman
Prefect of
Achaia,
a Consular Province under
Augustus: and so says
Grotius
upon the place. But
Grotius
does not stop there; what he says, is, that in the Division of Provinces between the Senate and the Emperor, made by
Augustus, Achaia
fell to the Senate's lot, and was a
Proconsular
Province: But Provinces did not continue always according to that Division; for
Augustus
made some changes himself; and this Province of
Achaia, Grotius
observes, was by the very next Emperor made an Imperial one. But what
Tiberius
did,
Claudius
undid, and restored it to the Senate. I observe this only to shew how little this Preacher attended to what was before him, who could not have fallen in such a mistake but through great Carelessness and Inattention.
But let us see what this instance of
Gallio
amounts to. The case, as represented in the
Acts
, Chap. xviii.12 18. is this: The
Jews
seized St.
Paul
in a tumultuous manner, and brought him before
Gallio
, for teaching Doctrines contrary to their Law.
Gallio
, when he saw what the matter was, would not meddle with it, but drove them all away [
apēlase
] from the
Judgement-Seat
, or out of Court. Upon this the
Greeks
(those of
Gallio's
Religion) took the Chief Ruler of the
Jewish
Synagogue, and beat him before
Gallio's
face;
but
Gallio, says the Text,
car'd for none of these things
. I can't see any reason why
Gallio's
example should be of any authority for other Governors; but if it ought, why do we pick and choose? Let us take the whole of it; and then there is an admirable pattern for Magistrates; they ought not only not to take upon them to judge in
Religious
matters, but to suffer Assaults to be made, and the Peace broken with impunity in open Court, and before their face. I would gladly know why one Preacher may not recommend to Magistrates the latter part of this Example, as well as another has done the first. But his Example, even in the first part of it, upon consideration will be found to be nothing to the purpose. The Preacher indeed says, that the Crime laid against St.
Paul
was
Blasphemy
against the
Religion Established by Law
, Which
Gallio
declared did not fall under his Cognizance. Upon which I can't but observe, first, that
Blasphemy
was not laid to his charge; and secondly, that
Gallio
does not declare that the case did not belong to his cognizance; but that he
would
not meddle with it:
Kritēs gar egō toutōn ou boulomai einai
.
I
will
not be a Judge of these things; not because they were
Religious
, not
Civil
matters, as is pretended in the next page; but either because
Gallio
despised them, looked on them as trifles about which he would not concern himself; or because the
Jewish
Law was no Rule to him, he was no way concerned to inforce the observance of it. But thirdly, what is most extraordinary in this sentence is, the unfair insinuation there is in saying, that St.
Paul's
Crime was his opposing the
Religion Established by the Law
. Had it been said
their
Law, it would then presently have appeared, that what
Gallio
did in this case was nothing to the Preacher's purpose; but as the words are,
Established by the Law
, I doubt it led his Hearers, as well as his unlearned Readers, to believe, that the case of St.
Paul
brought before
Gallio
is parallel to that of a man who should now be brought before the Civil Magistrate for opposing the Religion
Established
by Law in this, or any other Christian Country; and that from this instance they are to learn their Duty, and to declare to all the world, that such cases do not belong to their Cognizance.
But with great submission, I conceive nothing can be wider from the point 'tis aimed at, than this instance is from the application it is drawn to. For in the first place
Gallio
was but an Inferior Magistrate, and was to govern according to Law; and if St.
Paul
had broken none of the Laws in force in that Province,
Gallio
could have nothing to say to him; otherwise he might have entred into the charge against him, had he so pleased, as well as
Felix
, or
Festus
, or other
Roman
Governors did in
Judæa
, where, after it was reduced into a
Roman
Province, the
Jewish
Laws, under certain restrictions, were permitted by the Emperors to remain in force. Nothing therefore from
Gallio's
example can be concluded to affect other Governors; much less can it be inferred from the instance of an Inferior Magistrate, that the Emperor, or any other Supreme Power could not justly make Laws about Religious Matters, for the direction of Judges and Magistrates, when such cases should come before them. Nor is there any thing in fact more certain, than that the
Roman
, as well as other Governments, did think the affairs of Religion were within their Cognizance, and did from time to time make such Laws about them, as they judged proper. In the next place 'tis evident St.
Paul
is not accused of acting in violation of what was the
Established
Religion by the
Roman
Law; but of acting against a Religion that was not
Established
, against that of the
Jews
, about which the
Romans
troubled not themselves. Had it been otherwise, had St.
Paul
been accused of Blasphemy against the National Religion, I believe
Gallio
, as indolent as he seems to have been, would have acted another part; and would have been obnoxious to the Laws, and false to his Trust, if he had not. In truth the case is much the same, as it would be, if the
Jews
settled here, upon a
Schism
breaking out among them should prosecute any member of their Synagogue in
Westminster-Hall
; where the Judge might dismiss the Cause, as
Gallio
did, without any prejudice to his Authority, or breach of his Duty, in what regards the
Established
Religion. The Prosecutor is concerned in the defence of the Religion
Established by the Law
; and so likewise is the Judge for the Religion
Established by the Law
. But are they the same Religions, or are the fame Laws meant in both Expressions? No; they are as wide as can be; as different as
Christianity
and
Judaism
; and no body, with any Truth or Sincerity could call the Religion established by the
Jewish
Law, the Religion established by Law. But such shifts are men driven to, so shamefully do they pervert Scripture, when they set up for new Schemes in Religion, that have no foundation either in the Laws of Nations, or the Law of God.
I might go on, and shew the same Unfairness and weak reasoning thro' almost every Paragraph of this Sermon, in which there is so much Assurance, and so little Argument, that upon these accounts, as well as its Insult on the Establishment, it is, I think, without a parallel. Its grand Principle is, that the Civil Magistrate can of right punish nothing, but as it prejudices mens Civil Interests; and virtue of this, common Swearing, Blasphemy, Incest, and other the most detestable Crimes have a right to Impunity; and that for this weighty reason, because
Secret Intentions of Wickedness, and Treasonable Thoughts
, and the like,
are not liable to Civil Punishments
. That is, the Magistrate can't punish what he can't come to the knowledge of: But does it fol low, he may not punish where he can?
Curse not the King, no not in thy thought
(says
Solomon
;)
for a bird of the air shall carry the voice, and that which hath wings shall tell the matter.
But others having professedly written against the Notions advanced in this Sermon; I shall enter no farther into the consideration of it, presuming (for I have not yet seen the Answers to it) that they have not only anticipated all I could think neccessary to be observed of it, but have very probably said a great deal more. Nor should I have taken even this notice of it, but for the relation it has to the Dispute between the Bp. of
B.
and me; for the Sermon owns in plain terms, and at large, what the Bp. was by everybody supposed to mean, but what he himself would not acknowledge he had said. This made it proper for me just to take notice of a Discourse that has made so much Noise, and given so just Offence. But I say no more, having no desire to expose the Author, but the Argument: nor would I have said thus much in this place, but that the following Papers were drawn up while I was at
Worcester
, long before I had seen this Sermon; and I was not willing to be at the trouble of making an Alteration in them, having so little inclination to this barren Controversy, that they have lain by me four Months untouch'd.
I shall therefore take leave of this Sermon, with observing, that were the example of
Gallio
ever so pertinent to what 'tis alledged for, yet it would not prove that the Magistrate has not a right to favour one Religion above another, tho' he will not be a Judge in Religious Controversies; or that the Legislature may not establish as the Publick Religion, that they think the best, and confine to the Profession of it all Places of Power and Trust for its greater Defence and Security against the restless Spirit of Enthusiasm, and the cunning of those who know how to make the madness of a deluded people subservient to their own ends.
Gallio
might prefer, and indeed could not but prefer those of the Established Religion to all places in his Government, exclusive either of
Jews
or
Christians
, as their Constitution then stood. But if even this could be concluded from
Gallio's
example, that
negative discouragements
might not be used in preference of one Religion before another, purely as such, yet
Religious
and
Civil
Affairs are so inseparably interwoven and blended together, and Religion is so often made a pretence to disturb the State, that the care of it necessarily comes within the Sphere of the Civil Power purely as such; since 'tis impossible to preserve the peace and quiet of the State, if the Magistrate renounces all right to meddle in matters of Religion. But if the Magistrate has such a right, 'tis of little importance to enquire, on what foot he has it; whether
directly
, as it is a matter of Religion; or
indirectly
, as it affects the welfare of the State
Civil
. Which ever way it be, if he has such a right, he has it; and whoever takes it from him, is injurious both to God and his Vicegerent; he prostitutes the honour of God, and weakens the hands of the Government. 'Tis pretended indeed,
That God has infinite ways of maintaining and taking care of his own Honour, without being beholden to the Secular Arm
. And has he not as many ways of maintaining the peace of Society? but sure it would be a strange inference, to conclude from thence, that there is no occasion for any Civil Government. And 'tis just as strange, to infer from the same premisses, that there is no occasion for the Magistrate's doing any thing to maintain the Honour of God, and the Obedience due to him. Government is the great instrument of Providence in all the aggairs of this world; and it will be always true, that God ordinarily works by the stated means of second Causes, tho' he has infinite ways of act ing without them, if he please; for who can set bounds to a Power we acknowledge to be infinite? Such a way of arguing appears to me so trifling and ludicrous, or rather so prophane, that I should think it so intended, did I not know the Author, who, I verily believe, was far from any such design. As to the Government, that the denying it this right is weakening the hands of it, is so manifest, that no principle in Mathematicks is more certain, or more evident. I wish we had not so sure a proof of it, as we have from the effect the barely advancing this novel Notion in so publick a manner, has already had, by the inflaming Mens minds, and increasing that disaffection, in which the Enemies of the Government place their chief hopes.
But to return to
Julian
, it will be asked, Was not he a Persecutor of the Christians? I answer, No otherwise than by pursuing such methods as the Bp. thinks most for the good of their Religion: which were chiefly these three. First, he withdrew from them the revenues and favours, immunities, privileges and rights which his Predecessors had granted to them; by which they were reduced to their primitive State, that happy and perfect State which the Bp. seems to be so extremely fond of; and that for the same reason that
Julian
gave, that they might be less incumbred in their Journey to the Kingdom of Heaven,
hina penomenoi, sōphronōsi kai mē sterēthōsin, hēs eti elpizousin, ouraniou basileias
.
A second way he took to weaken them, was to keep them ignorant, by help of a pretty dilemma, that all Teachers should act conscientiously and sincerely, and should not teach what they did not think right, and true, and good. Those therefore that did not like the Religion and Gods of
Homer, Hersiod, Demosthenes, Herodotus, Thucydides, Isocrates, etc.
should not teach such Books; or if they will teach their Books, they should profess their Religion. And by this Argument the Children of
Christians
were ordered to be sent where they should be taught nothing but
Matthew
and
Luke
, and what others of the same Religion had writ. And this, I conceive, does not differ much from his Lp.'s notions, who seems to think it an advantage to be
Illiterate
; at least so far as the belief and practice of Religion, as taught in the Scriptures, are concerned. A third way
Julian
took to weaken the
Christian
Cause, was not only not to persecute, but to indulge an
absolute and universal liberty
to all Sects of them: what his Lp. thinks the most proper course to preserve Religion,
Julian
thought the most effectual way to ruin it. The remark of
Ammianus Marcellinus
on this occasion, a very judicious Writer, and a great admirer of
Julian
, is so very remarkable, that I can't forbear transcribing it:
Ut dispositorum roboraret effectum, dissidentes
Christianorum
Antistites cum plebe discissa in palatium intromissos monebat, ut civilibus discordiis consopitis quisque nullo vetante religioni suæ serviret intrepidus. Quod agebat ideo obstinate, ut dissensiones augente licentia non timeret unanimantem postea plebem: nullas infestas hominibus bestias, ut sunt sibi ferales plerique Christianorum, expertus.
Lib. 22. c.5. The best Christian Writers have expressed their sense of his Indulgence to the same effect,
Eo modo putans
(to use the words of St.
Augustin
, cited by
Valesius
on the place)
Christianum nomen posse perire de terris, si unitati Eccelesiæ da qua lapsus fuerat, invideret, & sacrilegas dissensiones liberas esse permitteret.
In these ways was
Julian
a Persecutor of the Church, little differing from those the Bp. thinks most proper for its defence.
But to proceed; in the next place, his Lp. takes notice of what I had said relating to
Establishments
: and the sum of his Remarks is, 1. That he does not know certainly what I mean by an Establishment. 2. That if I mean by Establishments, any thing
consistent with the
Common Right
of Mankind to judge for themselves, as well as to enjoy the priviliges of
humane Society,
and with the
Liberty
with which Christ himself has made us free
, he
has said nothing that can be construed against them
; but, 3. That he can't join with me in supporting Establishments by such arguments as I have used. Now to put his Lp. out of his doubts as to the first, I mean by Establishments, such as the world has always meant by them, such as that is we enjoy in this Nation, as to its nature and kind, tho' not as to every particular circumstance and part of it. As to the second, I can't but be very much surprised, to find his Lp. saying, that he has said nothing against
Establishments
under certain restrictions; for I think I have read large Books of his, that are from beginning to end against all Establishments; if by
Establishment
be meant the encouraging and giving by Laws a preference to one Religion above another. For the encouraging of one is necessarily the discouragement of another, and consequently is applying humane and worldly Engines to matters not of this world, and tends to promote Hypocrify, and to destroy Sincerity, which his Lp. has made to be all in all. Which principles tend to destroy all the Establishments I have ever heard of, except that may deserve the name of one, that I have lately met with in the
Fundamental Constitutions of
Carolina, said to be writ by Mr.
Lock
, and published in a Collection of
Pieces
under his name; but which I suppose he only drew up into form as the sense of the Lord
Shaftsbury
, rather than his own; the care of the Affair having by the Duke of
Albemarle
, and other Proprietors been recommended to that Lord, to whom Mr.
Lock
was Secretary. But however that be, Mr.
Lock
was then but young, about thirty, and had not that knowledge of humane Nature, he aquired in his riper years, nor had turned his thoughts to so serious and thorough a consideration of the
Christian
Institution, as his Writings shew he did for many years before his death. In these
Constitutions
, to gain the affections of the Natives, and encourage others to come and settle in this Country, 'tis ordained,
That any
seven
persons agreeing in any Religion, shall constitute a
Church. And to such a Church no profession of any part of the
Christian
Faith is made necessary; only to acknowledge the Being of a God, and that he is publickly to be worshipped. So that any Man who could seduce six more, (and he has ill luck, who in a populous Country cannot,) might set up a Church, in which may be professed any, or all the
Heresies
and Superstitions that ever were, or can be invented: none are excluded from this privilege but downright
Atheists
, such as the impious Author of the
Pantheisticon
This Atheistick Writer not content with what he has dared to print in his prophane Piece, has, I am told, in some Copies inserted a prayer in MS. in these or the like words:
Omnipotens & Sempiterne
Bacche,
qui hominum corda donis tuis recreas, concede propitius, ut qui hesternis poculis ægroti facti sunt, hodiernis curentur, &
per pocula poculorum.
How to fill the blank I have left, I do not remember. Thus prays this
Pantheist
, whose impudent Blasphemies loudly call for the Animadversions of the Civil Power.
, and a few such
Infidels
, who are either too stupid to understand an Argument, or too thoughtless to attend to one, or too vicious to give a practical assent.
There is indeed provision made by one of these
Constitutions
, as the Country comes to be sufficiently planted,
for the building of Churches
, and the
publick maintenance of Divines, to be employed in the exercise of
Religion,
according to the Church of
England. But this Article the Editor observes, was inserted afterwards, by some of the chief of the Proprietors, against Mr.
Lock's
judgment: and indeed the series of the constitutions shews as much, that this was not originally a part of them. Till I saw these Constitutions, I could not imagine what sort of Establishments it was his Lp. could, upon his Principles, allow; but this has cleared up my doubts, and I shall suppose this is in the main what he would have, till I am better informed. As for his Lp.'s Limitations, if he does not include in the Establishments he allows, that of our
own Church
, he does then in effect declare, that it is inconsistent with the
Common Rights
of Mankind, and the
Privileges of human Society
, and with
Christian Liberty
: a heavy charge! but which has been so often and so fully answered, that I think it needless to say more here. I will only add, I know no common Rights of Men in Society, but legal Rights, and the Laws are the rule and measure of them, and all Nations have thought
religious
Establishments consistent with them. And as to
Christian Liberty
, I desire his Lp. would define it first, and settle the true Gospel notion of it, and then I dare say that he will never more object that to us.
But in the last place, if his Lp. and I were agreed upon an Establishment, he could not do it upon my reasons;
first because they turn the eyes of
Christians
from the conduct of Almighty God in the
Christian Religion,
which was
(I suppose his Lp. means,
is) not of this world, to what it pleased him to ordain in the
Jewish,
which was of this world
. What a pretty
Antithesis
is here? who can stand out against the convincing force of it?
was of this world was
not of
this world! Thus sounds persuade as well as sense
. But strip the Argument of this jingle, and it is this: The
Jews
being
one
People, God did not only give them a System of Religion, but likewise a Form of Government; which Government had the cognizance of all matters, whether
Civil
or
Religi ous
, under the direction of such Laws as he thought fit to give to them; so that they were a sort of
Theocracy
. But with respect to the
Christian
Religion, that being not to be confined to one People, but to be propagated to all Nations in which Governments were already settled, he sent his Son, not to make any alterations in them, much less to pull down one and set up another, but to promote only the religious Interests of Mankind, to call them to repentance by preaching the doctrines of the Gospel, and to do what was necessary on God's part, for their Redemption. And in virtue of this Mission,
Christ
, by his Apostles, gathered to himself, out of all Nations,
a People zealous of good works
: but with respect to the Governments in the several Nations, his Gospel left all things in the state it found them. So that they who embraced the Faith of
Christ
, neither were by any appointment from him, nor for a while in the nature of things could be under any other direction, as
Christians
, but that of his Apostles, and those who laboured with them in the Ministry, or were appointed to succeed them in it, acting in his name, and under such rules as the Gospel has prescribed to them. This now being the case, does it from hence follow, by any good consequence, that when whole Nations shall be converted to the Faith, when Kings and Emperors are become
Christian
, that they may not for the establishing of this Religion, look to the conduct of God in his Government of the
Jews
? or that they may not imitate the examples of those good and religious Princes, who in virtue of God's Laws used all their power and authority to procure obedience to that Worship and Religion he had instituted? is the conduct of God contrary to, and inconsistent with the self? can he do what is unrighteous or unreasonable; what is
malum in se
? was his conduct no where fit to be imitated out of one little corner of the world? is an Establishment more inconsistent with Sincerity and true Religion now, than it was then? or, was there no Sincerity and true Religion among the
Jews
? is it not as reasonable that a
Christian
Prince should study the Law of Christ, as it was for a
Jewish
one to study that of
Moses
? or does his Lp. think, that the Prince was commanded to study it as a private Man only, and not in his princely Capacity, as he was to make it the measure of his Government? was it commendable, and for the eternal honour of
David, Hezekiah
and
Josiah
, to be zealous for the honour of God, and in defense of his Religion; and shall it be absurd, and criminal, and impious, for
Christian
Princes to shew the like zeal, and take the same care? Whatever his Lp. may think, the
Christian
World has always been of another mind. The conduct of God in his Instituion of the
Jewish
Government, can't but be a proper Subject for all Governemnts to consider well, and in many cases to form themselves upon: and to say otherwise, is to have less regard to God, than is usually paid to any wise Law-maker among mere Men. But farther, was the conduct of God in instituting the Religion he ordained by
Moses
, any other than the conduct of the same God, in the Covenant he made with
Abraham
? did he not appoint
Circumcision
under the like Sanctions? did he not expect the Covenant he had made with him, should be punctually observed, both by himself, and by his Children and Servants, by all either
born in his house
, or
bought with his money
, all persons without exception, under his Authority and Government?
I know him
, says God,
Gen.
xviii.19.
that he will command his children, and his household after him, and they shall keep the way of the Lord to do justice and judgment; that the Lord may bring upon
Abraham
that which he hath spoken of him
. Did God require this of
Abraham
the
Father of the faithful
, as Father of his Fa mily, and did he not expect the same of all Fathers of Families among
Christians
? Or is it possible he should expect less of Princes, than of them? Shall Parents and Masters be obliged to use their Authority to promote the belief and practice of true Religion in their Families? And shall Princes be so far from being under any obligation to use the Authority with which God has invested them, in the same manner and to the same good ends, that to attempt it shall be a Crime in them? Shall it be interpreted to be an abuse of their Authority? Shall they be told, is it
turning their eyes from God to God
; from God now well informed in the nature of Religion, to God, while as yet he was not? For the objection in effect comes to this, or there is no sense in it. As to the
Antithesis, was of this world
, and
was not of this world
; 'tis is of the
Jewish
and
Christian
Religion equally true, that neither of them
were of this world
; they were both of them from Above, and came down from Heaven. Nor was the
Jewish
to be propagated by Rebellion and the force of Arms, any more than the
Christian
. For as to the Extirpation of the Seven Nations, that was in virtue of a particular Command, and grounded upon particular Reasons. But as this expression
not of this world
, is applied by his Lp. to the
Christian
Religion, and vast consequences are made to hang upon it; I have in the following papers fully shewn what is meant by the
Kingdom
, that
is not of this world
; and therefore shall content my self to refer the Reader thither, where he will find, that when 'tis rightly understood, that can have no place in this Argument.
The second Objection his Lp. makes, for not agreeing to my Reasons, is, that they reflect shame upon
Protestantism
, and the
Church of England
it self, by making
all
its security to consist in
Human Laws
, as having no
lasting
force against
Popery
, but from these. Here his Lp. puts upon me the fallacy he often puts upon himself, by which
one
thing is made
every
thing; I say, our Legal Establishment is the
great
Support of the
Protestant Religion
, his Lp. makes me say 'tis
all
its support; that
all
its security consists in
Human Laws
. Though one thing may be the great support of it, surely several other things may be also necessary to the same end. We have a
good Cause
, and we may hope for a Blessing on it from the Providence of God: but how? not by Miracles, but in the ordinary way, upon our endeavours in its defence. 'Tis the Goodness of God that has raised up
Learned
Men to write in its defence; and 'tis the same Providence that has turned the hearts of our
Kings
, and given our
Senators
wisdom to support the profession of his Truth by wise and good Laws. And therefore I must take leave still to be of opinion,
"That the
Protestant
Religion, unless it had the gift of Miracles, could no more defend it self without an Establishment against the united Strength and Zeal of
Popery
, than a disconcerted Rabble could stand against a well disciplined Army."
Julian
, who was no fool, I have already observed, thought he could not ruin
Christanity
more effectually than by an
unlimited
Toleration of all Sects, without the Establishment of any; and had God suffered him to reign any length of time, who can doubt but he would have obtained his end, unless the gift of Miracles had been revived? For when
Christians
had been without Power, and without Union, and by infinite Factions and Divisions crumbled into nothing, who can think it possible for a Religion, however good, to subsist in such miserable circumstances against the Learning, and Power, and exasperated Zeal of
Paganism
, under a Prince whose Virtue was an Ornament to his Religion? Who forced no body, but by his favours invited all he thought worth it, and reformed his Religion both by the Spirituality of the new
Platonism
, and by transcribing into it what he saw most excellent in the practical part of the
Christian
Institution? But not to insist longer on this case, what does his Lp. think of the state of the
Protestant
Religion in the
Empire
? How long would it subsist, if the
Westphalian
Treaty were abolished? Who sees not, how it labours to subsist notwithstanding the Protection it has from it, and that so many Powerful Princes are watchful in defence of it? Who sees not how it loses ground, and what Dangers daily threaten it? If the Goodness of a Cause could preserve it without human help, how came
Mahometanism
to triumph as it does over
Christianity
in so great part of the world? What is become of the once so flourishing Churches of
Asia, Syria, Egypt
, and
Africa
? Let his Lp. reconsider these cases, and then tell us, an Establishment is not necessary to preserve the
Protestant
Religion against
Popery
; whose Learning, and Power, and Zeal are always implacably bent upon its Extirpation. For I believe his Lp. is not so sanguine as to think, that
,
if the
Protestants
of this Nation should be in the humour of making the experiment, and come into this scheme,
that
the
Popish
Countries would follow this example.
His Lp.'s third Objection against my Reasons for
Establishments
is, That they make him suspect I mean by Establishments at least
moderate Persecution
of the
Unlearned
and
Ignorant
. To this, if it be needful to say more, let me ask his Lp. these two questions,
First
, Whether in his opinion the main Body of the Members of the Church of
England
are more for the
Persecution
of
Dissenters
than he thinks I am, or less? If more (and I am persuaded he is of that mind) then I would ask in the second place, Which is the likeliest way to bring the minds of people off from such a Spirit, and induce them to be easy and pleased with a reasonable Indulgence to tender Consciences? To run directly counter to them, and shew your self as contrary to their sentiments as possible, or to make some advances, and meet them half way? That is, are people who are the Majority to be driven, or led? To be gained by a rigid and absolute Opposition to them, or by Softness and making some Consessions, and treating the notions of those you would convince, as if they had indeed some reason in them, but were pushed too far? Are people ever like to meet and be reconciled, while both sides affect to be in the extremes; or by mutually receding from them, and approaching to a Medium? I know his Lp. will be against me, by the part he has taken in his
Preservative
, which I fear never did, nor will ever make one Convert to the Government, however he may have pleased some who never were its Enemies. But most men, I doubt not, will be of another mind, and allow, that the likeliest way to convince people, and overcome their prejudices, is not to keep at the greatest distance from them, and affect an unnecessary Opposition to their Principles or Notions, but to shew a disposition to come to some temper, and make what approaches you can towards them.
This consideration might have made his Lp. less severe upon what he calls
moderate Persecution
. But I lay no claim to it.
Dissensions
in Religion, when under no restraint from Laws, are oftentimes of infinite ill consequence. The Spirit of
Superstition
and
Enthusiasm
is naturally turbulent, and Sedition frequently lurks under the cover of them; and therefore I am not ashamed to own my self of opinion, that severe Laws to curb and check the first beginnings of Disorders from them, are not only lawful, but often necessary; every Government has a right to make, execute, suspend, abrogate, and renew such Laws, when and as often as they think fit. The Laws of this kind that are, or ever were in force of this Nation, were non of them designed to put any hardships upon truly tender Consciences, but were all of them extorted from the Government, which is naturally mild and extremely tender of the people's Rights, in defence of the Constitution, against the Factious and Seditious Attempts, Conspiracies, and Rebellions that were carried on under the specious name of
Conscience
; and were intended to prevent offences of that nature, rather than to punish them; much less to aggrieve honest well meaning people so long as no danger is apprehended from the party they are of. 'Tis plainly for this reason, that very severe Laws are still in force against
Papists
, though no one feels the rigour of them while he lives quiet, and gives no offence. This the
Legislature
has judged necessary, from the experience it has had of the implacable and restless Spirit of that Religion, which obliges its votaries upon Principle to be Enemies to our Constitution, and dispenses with all the ties of Faith and Honour, by which they can pledge their Duty and Allegiance, so that they can't give sufficient security for their acting like good Subjects, if they would: this has made it necessary to keep them always under the restraint of severe Laws. Other
Dissenters
are not such sworn Enemies of our Constitution; they are not listed under any Foreign Head, they have no Doctrines that can dispense with Solemn Oaths, much less are they taught, that there is any merit in breaking the Faith once given to the Government: The Government therefore has proportioned the making or executing severe Laws with regard to them, according to the temper and behaviour of them from time to time. At present there being no reason to question their affection to the Government, all Laws of that kind have been suspended, or repealed, and will, no doubt, continue so, till another behaviour calls for another treatment. If ever this rule has not been observed, and any sort of Dissenters have been treated with an unreasonable severity, that is not chargeable on the
Church of England
, but on
Popish
measures, which were secretly contriving both their and our destruction, as is now to every body well known. The Establishment it self stands clear of every thing that can with justice be brought under the odious name of
Persecution
.
I can't forbear upon this subject of
Establishments
, taking notice of a passage of Mr.
Chillingworth
in his second Sermon: where speaking of our
Reformation
,
"The whole doctrine
, says he,
of
Christian
Faith, is restored to the Primitive Lustre and Integrity; nay more (which is a greater happiness than God ever created [granted] to those his chosen servants which lived in the infancy of the Church) the profession of a pure unspotted Religion is so far from being dangerous, or infamous, that we have the sword of the Civil Magistrate, the power and enforcement of the Laws and Statutes, to maintain this our precious Faith without stain and undefiled against all
Heretical
and
Schismatical
Oppugners thereof."
I had once intended to have supported many things in hte following papers by passages of this Writer, but they swelled so much beyond what I designed, that I was forced to lay that thought aside; which I at first took up, not because I think him the
best
Defender of the
Reformation
, but because some other persons have expressed so great a veneration for him, from whom, were he alive, I am persuaded by many places in his writings, he would shew himself to differ extremely; and particularly from this in his seventh Sermon, where "he declares he dare not take upon him so much to gratify the
Papists
, as to lay this for a ground of stating Controversies between us and the Church of
Rome, That that is be acknowledged for the doctrine of these
Reformed
Churches, which is most opposite and contradictory to the Church of
Rome." Whether some of his greatest Admirers do not come under this censure; nay, whether, what is much worse, they do not first misrepresent
Popery
, and then make it a certain mark of being in the right, to expose what they think the contrary, I leave the Reader to judge. As to Mr.
Chillingworth
, he is confessedly an excellent Writer; but it may, I think, with great truth be said, that he was much abler at pulling down than building up; towards which little can be expected of a man who is by his own arguments pushed so home in the defence he would make of
Protestantism
, that he has nothing left, but to cry out the
BIBLE
. The
Bible
, I say, the
Bible
is the Religion of
Protestants
; and so say all the
Hereticks
and
Schismaticks
that ever were. Agreeably to which principle Mr.
Chillingworth
in another place (No. 23. of his Preface) expresses himself thus:
"We do not renounce your Communion totally and absolutely, but only leave communicating with you in the practice and profession of your Errors."
Then follows,
"The trial whereof will be to propose some form of worshipping God,
taken wholly out of Scripture
; and herein, if we refuse to join with you, you may justly say, we have utterly and absolutely abandoned your Communion."
Upon which passage A. Bp.
Bramhal
very judiciously observes in his Vindication of
Grotius
, &c. p. 637.
"That this might serve for a Coverfew to hide the flame of our Contentions from breaking out whilst we are at our Devotions; but it hath nothing of Reconciliation in it, and hath as little probability of a Pacification. By being
taken wholly out of Scripture
, either it is intended, that it shall be all in the Words and Phrase of Scripture; that will weigh little, (I have never observed any thing more repugnant to the true sense of Scripture, than some things which have been expressed altogether in the Phrase of Scripture) or it is intended, that the matter of Liturgy shall be taken wholly out of Scripture; but this hath so little of an expedient in it, that it will leave the Controversy where it is. Both parties do already contend, that their respective Forms are taken out of the Scriptures."
Thus far this very Learned and Judicious Writer, who, I hope may say without offence, has defended the
Reformation
with a masterly skill, with a thourough knowledge of every part of the Argument, and in perfect consistency with our own
Establishment
. This Author has in the same Chapter considered several other passages of Mr.
Chillingworth
upon the same point (the reconciling our Religious Differences) in answer to Mr.
Baxter
, of whom I can't but observe he says,
He has his fears and jealousies that he will never prove a good Architect in this kind
(of proposing ways of Reconciliation)
because he never found any man yet who was given to innovation, but his Genius was ten times apter for pulling down than for building up
. But this is said of Mr.
Baxter
, not of Mr.
Chillingworth
, who is certainly a very good Reasoner, and may be read with much advantage: but I fear the reading of him by Young Divines has had one great inconvenience; they see little shew of
Reading
in him, and from thence are induced to think, there is no necessity of Learning to make a good Divine; nay, that if he had been more a Scholar, he had been a worse Reasoner; and therefore not to study the antient Writers of the Church is one step to the being
Chillingworths
themselves. I fear, I say, the reading Mr.
Chillingworth
in their first years has had this influence, to make them think, the good Parts and good Sense would do without Learning, and that Learning is rather a prejudice than an improvement of them. But 'tis a great mistake to judge of a man's Learning by the shew that is made of it: Mr.
Chillingworth
had studied hard, and digested well what he read, and so must they who hope to write as well, and be as much esteemed. It will be always true and good advice, that A. Bp.
Bramhall
says in the place before mentioned,
Then Master of
Sidn.
and
Marg.
Professor
.
Dr. Ward gave him, when he was a young Student in Theology;
when he told him, that it was impossible that the present Controversies of the Church should be rightly determined or reconciled, without a deep insight into the doctrine of the Primitive Fathers, and a competent skill in School Theology. The former affords a right pattern, and the second smootheth it over, and plaineth away the knots
. The opinion of two such good Judges may, I hope, be of some weight, to check that contempt of Learning, which is become so fashionable; not from a prevalence of good Sense above our Predecessors, but from a want of their diligence; and to convince young Students, that tho' good Sense and a knowledge of the World may make a Man; 'tis Learning, and the knowledge of what is in Books, that must make a
Divine
.
Nothing remains in his Lp.'s Preface, that calls for any answer. For as to what he says of Mr.
Rogers
his discourse of the
Visible and Invisible Church
, the ingenious Author is very able to speak for himself; and the same Temper, Learning and good Sense, that have appeared in that Piece, shew themselves, I doubt not, in his Review; which for some reasons I shall deny my self the pleasure of reading, till I have finished my own Papers. In which I hope there is nothing wants much excuse, as to the manner of it, or that is very unbecoming one, who professes to have no other difference with his Lp. but what arises from his ill treatment of the Clergy of all Churches in general, and of the Constitution of our own Church in particular. So long as he is in that Spirit, as a Clergyman and a Member of the Church of
England
, I must always differ from him. But whenever his Lp. takes another part, when he shall think fit to treat the
Clergy
with candor, decency or common justice, and shew himself a friend to the
Church of England
, to which he is obliged by the most sacred ties, I shall be among the first to pay his Lp. all the respect due to his superior Merit, and to wish he may long adorn the Station he is in.
March
15, 1720-21.
Light in a Candlestick, to all that are in the House
: Or, THE
Impartial Churchman
,
Considering
The Celebrated Discourses on the 30th of
January
, of the Right Reverend the Bishop of
Bristol
, before the House of Lords; of the Reverend Dr.
Croxall
, before the House of Commons; and of the Reverend Dr.
Trap
, before the Lord Mayor, and Court of Aldermen.
WHEREIN, With a just Praise of their Merits, Respect to their Characters, and Deference to the Church; their Matter, Method, Explanations of, and Deductions from Scripture, are observ'd. especially as to Dr.
Trap's
Notion of visiting the Sins of the Fathers on the Children. WITH Readings in the
Hebrew, Chaldee, Arabick
, and
Vulgate
, noted: And to take in what is most remarkable on this Head, a Reflection on a Principle of the Right Reverend the Bishop of
Sarum
, and the Dispute of
Milton
and
Salmasius
, Mr.
Milbourn
and Mr.
Bradbury
: With a Rule to judge and apply all Sermons on that deplorable Occasion.
By
J. HENLEY
, M.A.
Founder of the
Oatory
.
LONDON
: Printed for J.
Roberts
, near the
Oxford-Arms
in
Warwick-Lane
. MDCCXXX. [Price Six-pence.]
EXOD. XXV.31,32.
Thou shalt make a Candlestick of pure Gold; of beaten Work shall the Candlestick be made; his Shaft and his Branches, his Bowls, his Knops, and his Flowers shall be of the same: And six Branches shall come out of the Sides of it, three Branches of the Candlestick out of the one Side, and three Branches of the Candlestick out of the other Side
.
W
HATEVER was written aforetime, was written for our Instruction, that we thro' Patience and Comfort of the Scriptures, might have Hope: What God has cleansed, that call not thou common
: What the
Divine Spirit
, the Oracle of Sacret Scripture, has been pleas'd to dwell upon in a particular Manner, that
call not thou
unworthy of thy serious Attention;
Despise not Prophecyings, and lean not too much to thine own Wisdom: What can be more mean, and ought to be more humble, than Man that is a Worm, and the Son of Man, that is a Worm
? The best are only
Vessels fashion'd out of the same Lump by the Hand of the Potter
; and it
is God, who sheweth Mercy
, not
Man, lest he should boast
, that
hath made some to honour
, and
others to dishonour
.
The Lord himself, (according to whose
Pattern in the Mount, a Figure of good Things to come, Moses
fram'd the Tabernacle, and the holy Things of the Sanctuary) condescended to the Infirmities of his People, by appointing the most minute Circumstances of the
Jewish
Law; the six Branches and Ornaments of the Golden Candlestick, to teach us, that his Word is our Supreme Law, that nothing is trivial or abject, which he ordains; that the Lord's Testimony is the Light of our Paths; that Doubts are to be search'd, and Obscurities clear'd by the Lamp of Heavenly Intelligence; that he, who is
the Lustre of Israel
, and turneth the
Shadow of Death into the Morning
, is our
Star in the East
, pointing our where we are to offer
the Myrrh
of our Submission,
the Gold
of our peculiar Vows, and
the Incense
of our Devout Acknowledgment.
This was the Original of St.
John's
Vision of the Son of Man,
Rev.
i.13,20. in the midst of the Seven Candlesticks, which were the Churches; for the Lamps were seven, He the Centre, from whom the six Branches were illuminated; not mention'd here by
Moses
, because
the Sun of Righteousness was not yet arisen with Healing in his Wings
: Therefore at first the MediationLamp was not spoken of;
the Branch of Jesse
, call'd emphatically,
the Man, the Branch
, was not enumerated among the rest, till
the Veil should be taken away
, and the Glory over the Mercy-Seat should become
a Light to lighten the Gentiles
, as well as the Splendor of the Sons of
Jacob
, the universal
Shechinah
of Mankind.
The Prophet
Zachariah
mentions this Candlestick, with the two Olive-Trees on each Side, to instruct us, that
the Wisdom which is from above is first pure, then peaceable
: The
Golden
Materials are
the Truth of the most High
, in the Scripture, directing and
opening the Way of the Just to a perfect Day
; the beaten Work is the repeated Meditation of Man on the same Argument; the Knops and Flowers are the Divisions and Embellishments, by every holy
Bezaleel
, each Spiritual Workman, rightly dividing the Word of Truth; the six Branches are the Principal Lights, that extend equally their Force to all, tho' on opposite Sides of the same Candlestick; and the seventh is the
Son of God
, not to be mention'd with the Inferior Branches; but the Standard and Fountain of all Knowledge; whose Words are
as fine Gold, more precious, as Silver try'd seven Times in the Furnace
; and
who shall sit to purify the Sons of Levi, as a Refiner of Gold and Silver
.
In the mean time, till his final Judgment, till he shall be the
Light and Sun of that City
, into which the
Kings of the Earth, those who have been made to him Kings, and Priests
, shall bring their Glory; Let us consider those Sons of
Levi
, those main Branches of the same Candlestick, Subjects of one and the same Nation, Professors or Teachers of the same Common Christianity, as to their various Sentiments, and Model of discoursing on the Unhappy
Occasion
of the Thirtieth of
January
; to weigh the beaten Gold in the Balance of the Sanctuary, and kindle the Sacred Fire, like
Elijah
, by a Ray from Heaven, unpolluted by the Smoke of the nether Furnace, where their Belief is trembling, and their Light is outer Darkness.
Be the two Right Reverend Bishops of
Bristol
and
Sarum
, the two first Branches, like
Olive-Trees
, as they should be the Ministers of Peace, on either Hand of the
Son of Man
.
The Scheme of the Bishop of
Bristol
begins with a Text from
Rom.
xiii.5.
Wherefore ye must needs be subject, not only for Wrath, but also for Consciencesake:
That is,
because the Powers that be are ordain'd of God
: Though the Bishop does not there explain what is meant by the
Powers that be
, whether the
King only
, or
King, Lords and Commons
, or Lords and Commons without the King, (a famous case of which is well-known,) or any
Powers that be
, for the Time being. His Lordship should have
divided the Word
to us, on that Head, according to the Example of Christ,
Apollo
, and St.
Paul
, who
expounded the Scriptures, that those Things were so
; and left all Pastors a Rule to be
mighty in them
. This is one Defect in any
Schemes
of the 30th of
January
Sermons, to preach on a Text, without explaining the Terms of that and the Context, by which we are undirected as to our own Conscience and Practice in the Application of the Sermon; as the Bishop very well urges
Conscience
, and
Conscientiously, Pag.
6 but unless he had told us the Meaning of the
Powers that be
, how can we be
Conscientious
of our Duty to them?
The Right Reverend the Bishop of
Sarum
has written many Books, and preach'd many Sermons to shew, that
"it is the Civil Magistrate's being the Minister of God to us
for Good,
"
that is the Measure of our
Consciences
in applying St.
Paul's
Rule; by which that Bishop makes the People Judges of their Consciences in that Particular, and Judges of
Him
, how far he is the Minister of God
for Good
; which is giving them a Judicature, a Judgment of
the Ministry
of the Civil Magistrate. Now these two Bishops, who are opposite Lights on the same Candlestick, should both give the People a determinate Rule of Conscience on this Point; otherwise the word Conscience, will be us'd at Large, as it has been; and the Bishop of
Sarum's
Conscience will be no Law to the Bishop of
Bristol
, nor either of them to the Consciences of others. I remark it therefore as the second Defect in the 30th of
January
Sermons, not to give the People a distinct Rule of Conscience to act by, on a Scripture Footing, in this Affair: leaving, by that Omission, a Latitude for two Consciences, different and repugnant to each other, and therefore, for two Thousand, or more, indefinitely.
The Bishop of
Bristol
proceeds,
Pag.
7, 8, and 9. to rehearse the personal Virtues of his Majesty King
Charles
the First, that he was a Gracious, Merciful, and Pious King;
Pag.
9. he professes not to enter into the Causes of Rebellion. Truth can never suffer, and the whole Truth might have been gloriously laid forth on the Panegyrick before; for half the Truth is not the whole: I remark it as a third Defect, not to exhibit to us the main of the
entire Question
; for how can a Christian's Conscience be fully informed, by letting him only into a part of his Information? And how can the People rightly discharge their Obligation, if their
Consciences
be not compleatly instructed?
Pag.
11 The Bishop of
Bristol
, instead of looking back, would prevent the like Calamities for the future, not by explaining the Scripture, regulating surely, and fully informing the Conscience, but by
his own
Use of the Text; shewing from that, 1. That a conscientious Regard to the Principles of Religion, is the firmest Support of Civil Government.
Pag.
5. He shew'd first from the Text,
"The Duty of Subjection from God's ordaining the Powers that be:"
Pag.
11. He has a Second First,
"To shew the Support of Government from the Principles of Religion in general,"
which is neither in the Words, nor in the Sense of the Text: The single Duty of Subjection for Conscience Sake, is not
a conscientious Regard to the Principles of Religion at large for the Support of Government
: That is Conscience
for the sake of the Government
; the Text is
Subjection for the sake of Conscience
; which is the direct contrary: For Conscience, in the Text, is the Rule or Subjection to Government for its firmest Support, not the Support of Government the Rule of Conscience.
His first Head is shewn indeed, as he speaks,
from
the Text, because it is not
in
it. The Text does not guide him to compare what is more or less for the Support of Government, but it gives two Motives of Subjection, one for Wrath, the other for Conscience, in regard to Obedience only, without the least Handle to compare them, for the Support of Government. There is not a Word in the whole Chapter of the Support of Government, which is a distinct Idea, another Proposition, from that of Subjection for the sake of Conscience. That Support might have been made a remote Inference, it could not naturally and immediately be made the first Head from the Text; the first Head ought not to be of what may be thought im ply'd in a Text, but of what is there immediately; otherwise it denies any Head to be first, by making any to be equally so. St.
Paul
makes no Comparison, the Bishop does;
and shews it from his Words
: St.
Paul
speaks of Subjection for the sake of Conscience; the Bishop of Conscience, or religious Principles, for the sake of Government: One says, you ought to be subject, as you are conscious, the Magistrate is the Minister of God for Good to you; the other, you ought to be a Man of Conscience and Religion, because it is the firmest Support of Government; which inverts the Proposition; for that Reason is
not Conscience
, being only a
human Motive
, and govern'd by a temporal Consideration.
I remark it as a fourth Defect in the 30th of
January
Sermons, to shew from the Words of the Text in the first Head, what is not in the Words at all, and if suppos'd to be imply'd, must have come under a more distant Article: Unless
my Lord Bishop
had an Eye to that Passage,
the first shall be last, and the last first; for many are call'd, but few are chosen
.
From
Pag.
12, to 23, which is the Body of the Sermon, the Bishop of
Bristol
enlarges on his first Head (leading him still farther out of the way, the longer he follow'd a wrong Path at setting out) about the Rise of Government,
"from Violations of the Laws of Nature, by the Consent of Man only;
no Form of Government, as he says,
Pag.
16. being prescrib'd by God above another. He is enforcing Obedience from Conscience, and yet he tells us, God does not prescribe any Government at all more than another; by which he puts Conscience out of the Question: So that he makes Religion the firmest Support of Government, and yet affirms it has not the Support of Religion, it is not founded upon that, but on breaches of the Laws of Nature, and is a meer human Institution. Conscience to God for a human Institution, and from secular Motives for the Peace and Order of Society, is a Contradiction in Terms; it is not St.
Paul's
Doctrine. St.
Paul
says we are to be subject, as we are conscious the Magistrate is the Minister of God to us for Good. That was St.
Paul's
Conscience; he did not make the Interest, or firmest Support of the Government,
his Conscience
, his God; his Persuasion of the Powers being the Minister of God to him for Good, was the Rule of his Conscience.
Pag.
23. The Bishop of
Bristol
proceeds,
"That this leads him to his second Head;"
Pag.
12. he was to shew
all three Heads from the Words of the Text
, and the second is,
"that the Christian Religion lays the strongest Obligation of Obedience on the Consciences of all Christians:"
This is true, but not in the Text: It might have been also a remote Inference, but more properly a fifth, than a second Head; for that ought to have been, what
in the Words
is the second Consideration.
He tells us here, that the Christian Religion lays us under the strongest Ties of Subjection to Government; whereas before he told us, that Government was founded on human Consent, not God's Appointment: Subjects are Subjects to a Form of Government; no Form of it, says the Bishop, is prescrib'd by God, nor therefore by the Christian Religion, above another; yet he insists, you are to be
subject
to a
Form of Government, for Conscience Sake
, by applying it at last to the present Government. His Discourse is a proper Image of the Rebellion, it fights with it self: God orders you to be subject to a Form of Government; yet God, he avers, order'd no Form of it, Man order'd the whole.
Pag.
24. He builds the Right of the Magistrate to Tribute, and Obligation of others to pay it, on Christ's Answer to the Question,
Matth.
xxii.16.
Whether it was lawful to pay Tribute
? Observe, the Question is not, whether a Man was
oblig'd
to pay it, but whether it was even so much as
lawful
; Christ did not say it was
lawful
, or a
Duty
to
pay Tribute
, but in general Terms,
Render to Cæsar the Things that are Cæsar's
? What Things are
Cæsar's
? Christ did not resolve that Question. In another Text Christ said,
the Children are free from Custom or Tribute
. The Bishop quotes St.
Paul
as an Example of Subjection,
Pag.
25. St.
Paul
would not submit once to the Magistrate,
Is it lawful, says he, for you to scourge a Man that is a Roman, and uncondemn'd
?
Pag.
27. He comes to his Third and last Head, That it is our Duty to be subject to the present Government.
Pag.
11. he expresses it,
how much
it is our Duty; and he proposes there to shew that from the Words of the Text, that is, the Bishop asserts, that St.
Paul
, near 1700 Years ago, (though no Form of Government, as he declares, was ever prescrib'd by God above another,) made it our Duty to God, for Conscience Sake, to be subject to the
present
Government. His Expression,
How much,
Pag.
11. was his Guide. He concludes with an Encomium upon his Majesty, the Royal Family, and the Blessings of the present Situation of Affairs; all
shewn from the Words of the Text
.
I remark, that the Scheme of the Bishop's Sermon was to celebrate the present Government, and to turn his Text and Sermon to that Point; whereas his Text should have been, as he propos'd, the Fountain of his Discourse; he has made the Conclusion of the Discourse the Beginning of the Text, and has put St.
Paul's
Words
in Subjection
to his own Speculations.
That of the Reverend Dr.
Croxall
claims our next Attention: His Text is,
"Take away the Wicked from before the King, and his Throne shall be establish'd in Righteousness."
The Doctor professes,
p.
6. to chuse these Words, because they
may not be found improper
to a Scheme he had form'd before he chose his Text, to shew the Agreement of the 5th of
November
, which commemorates our Deliverance from Popery and Slavery, (
the Doctor supposing we are deliver'd from Slavery
,) with the 30th of
January
, appointed to implore God's Pardon for the Martyrdom of King
Charles
the First. This teaching us, that the Persons of Kings are inviolable; the other, that something should be done, when they are oppressive; not upon their own Persons, but
Taking the Wicked from before Him
. That Doctrine, of the Persons of Kings being inviolable, the Doctor finds
strongly imply'd in his Text
; and he adds Reasons for it, from the Dignity of their Office; declaring Kings to be Officers: From the Cares and Ills they are subject to; from the Obligation we owe them for accepting so difficult an Employment, declaring that Kings
have an Employment
; from the General Practice, that, in the worst of Cases, the Persons of Kings have been untouch'd. The Doctor does not suppose those Cases to be unknown, and therefore does not mention them.
He proceeds,
p.
10. to assure us, that among all Nations, Christians, as well as Heathen, Kings have been look'd upon as God's Vicegerents: He supposes the Heathen Instances of that Sentiment to be too familiarly known to require a Mention. He produces St.
Paul
, as styling Kings
the Ministers of God
: St.
Paul
speaks of
the Powers that be
, and of
the Minister
, which is,
the Servant
, of God, in that Chapter, not of Kings.
I wou'd not be misunderstood to dislike Dr.
Croxall's
Sentiments, any more than Dr.
Trap's
hereafter, but to observe upon their Discourses with that
Enquiry after Truth, which is my singular Profession
. He comments on
the allow'd Meaning
of that Law,
Honour thy Father and Mother
, in this Light; a Meaning may be currently allow'd, and not just; and no Meaning of an Old Testament Text ought to be allow'd a
Divine Meaning
, that is, a Religious Doctrine, that is not declar'd to be that precise Meaning in some other Texts of the Old or New Testaments. For the Meanings of Interpreters are various, and disallow'd by others.
Pag.
11. He quotes the Case of
David
at
Hachilah
, abhorring to stretch forth his Hand against the Lord's Anointed,
Saul
, appointed King by a Prophet;
supposing
that Case of
David
to be that of
a Nation
in regard to a King anointed by a Bishop, or a
Pastor
of the Church, as Dr.
Croxall
styles a Bishop,
p.
3. It is remarkable, that the First Book of
Samuel, c.
8. on the People's asking a King gives a very particular Character of one; and that Book was written by a Prophet, and is call'd
The First Book of Kings
.
Pag.
12. He quotes the Law of
Moses,
Thou shalt not revile the Gods, nor curse the Ruler of thy People;
it is
Exod.
xxii.28. But
Israel
had then no Kings, and the Word
'lwhym
, Gods, is any Rulers, or Magistrates, or Leaders of a People.
The Doctor has not shewn us here the Difference between reviling Kings, and saying, as he does,
p.
5.
"That they violate the Initial Compact, substitute their own Wills for the Laws, and pursue Courses opposite to the People's Interest;"
for some may interpret a just Complaint of iniquitous Facts to be reviling; and they may insist, that if a Ruler of the People is not to be revil'd, then an Administration, tho' Wicked, is not to be call'd Wicked. There shou'd have been a Definition of
reviling
, and a Distinction on the Word,
Rulers of the People
: Let me supply this; To revile is to propagate false Facts instead of true Ones, with Malice prepense; or to use opprobious Language, Words conveying a Reproach, without, or beyond a real Foundation.
To express what we conceive true Facts, in their exact Light, of the Rulers of a People, is not to revile them; but is the Doctrine and Practice of the Bible, especially of the Prophets, St.
John the Baptist
, and Christ Himself.
The Doctor goes on to his second Head,
"To take away the Wicked from before the King;"
He speaks of the Commentators, and the
Greek
Version of the
Septuagint
,
kteine asebeis
,
Kill the Wicked
: The Doctor words it,
Cut off
: He omits to give the
Hebrew
Original
'shr wh
,
Remove
wicked; it may be, wicked
Thing
, or Action, as well as wicked Man; the Word is the Singular Number, and is not confin'd to a Person; it may be,
Remove Wickedness, Unrighteousness
: The
Chaldee
Para phrase has it
'wshd nwdttg
Let Wicked be cast out
: The
Arabick
begins this Chapter remarkably thus; In the Name of the Eternal Everlasting God: And before that, it is noted,
The Proverb of
Solomon
are ended; his Instructions follow; very difficult to be explain'd; which the Friends of
Hezekiah
wrote out
.
So likewise the
Syriac
places the End of the
Proverbs
of
Solomon
before the Beginning of this Chapter: This the Doctor might have observ'd, when he spoke his Text out of the
Proverbs
.
In the
Arabick
, it is the 5th Verse; the
Hebrew
, the Original, is
Remove
; the Vulgar
Latin
is
Aufer
: The Doctor might have remark'd the Original, and other Readings, and the Latitude of the Acceptation.
Pag.
17. He tells us, we ought to enquire who are the
Higher Powers
. Before,
p.
10. he had said, that
Kings
are the Ministers of God.
P.
17. he affirms, the Higher Powers, which are the same in St.
Paul
, as the Ministers of God, are the Legislative Power, the King, Lords, and Commons; so that here he extends Passive Obedience to the King, Lords and Commons; and they are all according to Him inviolable, by an equal Reason, either among one another, or to the People.
He has omitted to prove, that St.
Paul
means the King, Lords, and Commons, by the
Higher Powers, or the Powers that be
. He, under whom St.
Paul
wrote, was indeed a Tyrant, but St.
Paul
had no Law on his Side; for the Chistian Religion then was not legally tolerated in the
Roman
Empire. When St.
Paul
had Law, he pleaded it; witness the Instance produc'd before.
The Doctor tells us, that Kings obstinately persisting in Tyranny should be
civilly disabled
from it: The Word
Civil
, from
Civis
, a Citizen, a Free Subject, imports, that the
Cives
, Citizens, Subjects, may disable him from being a Tyrant; in what manner he is to be civilly disabled, he does not express.
In a Sermon on the 30th of
January
, an important Doctrine should be built on a fix'd Meaning of a Text, and the Discourse should flow from it. It is an Honour to the Doctor, that being the King's Chaplain, and preaching before the House of Commons, He declar'd his Judgment with so much Spirit and Fortitude, becoming an
Englishman
, a Divine, and a Christian. But it is to me inconsistent, that he meant, by the Wicked, the Chief of the Ministry; because he tells us, that the Legislative, of which they are a Part, being Members of the Houses of Lords and Commons, is Inviolable; so that he has left us destitute of a Clue to judge, who or what Wicked are to be removed:
I do not here examine the Truth of his Doctrine, that a Legislative, or Kings, are Inviolable
.
The Reverend Dr.
Trap
, in the
Dedication
of his Sermon, excuses the Severity of his Expressions upon the Day, by the like in an Act of Parliament. He needed not that Excuse for being severe upon it; and they that would dislike his Expressions, would object to those of the Act, for the same Reason. Acts of Parliament may be producible for and against the same Things.
His Text is extremely moving, and adapted to affect the Passions;
Daughters of Jerusalem, weep not for me, but weep for your selves, and for your Children
. Tho' King
Charles
the First acquitted the Parliament, and thereby, in his Judgment, the Nation represented by it, of the Guilt of this Fact; tho' many, that acted in Opposition to some of his Measures, protested against this Extremity; yet we know not how far in the secret Counsels of God, who
maketh Inquisition for Blood
, this may be imputed to the Nation; and therefore it may concern the Nation to deprecate it. I enter not here into the Question, of the Reasons for and against the Abolition of that Day; it may be an Immortal Caveat to admonish all of their Duty, from the Throne to the Cottage.
Dr.
Trap's
Observation is very just, that the King's Concessions gave his Adversaries Power against him.
Pag.
8. He speaks of the King's being his People's
natural
Sovereign; that is,
born their King
; intimating, that
Nature
is an additional Tye to all other Obligations: And he is a
Moral
Sovereign, who observes the Tyes of natural Justice, Equity, and Love, to all his Subjects.
Pag.
9. He repeats the Maxim, that the Person of the King is by our Laws inviolable. The Doctor has not shewn us, how that Rule was kept at the Revolution, as to the Person of
James
the Second at
Whitehall
, the Battel of the
Boyne
, and other Junctures, by the Interpreters of our Laws at that Time: And we still want an Adjustment of the Point, as stated by Dr.
Croxall
, how far we may cut off wicked Ministers, and civilly disable a Tyrannical King, without Violence to his Person. For if that be among those Ministers, and Force be lawful for their Removal, that Force may terminate on the King's Person. Therefore he should have instructed us, how making War with the Wicked to take them away from the King, may not be taking the King away at the same Time, and a Violation of his Person. Dr.
Trap
owns that the King's Ministers were Accountable. All Rulers under the King are his Ministers; the Scripture speaks of the same Obedience to all Rulers,
the Powers that be
, without Distinction. If Passive Obedience is due to one, it is due to all; if not to all, then not to any, for the same Reason.
Pag.
9. Dr.
Trap
remarks, that God punishes the Sins of the Fathers on their Posterity in the Scripture; he omits the main Reason of that Oeconomy in the Old Testament, which is, that God was King of the
Jews
, in a temporal Covenant with them and their Children; and could Disseize either by a legal Forfeiture of
his Rights
vested in them, on certain Defaults. They forfeited
his Grants
, not
their own Property
; for no Creature, especially in Covenant, is a Proprietor in Bar of the Creator, who is Lord Supreme. As to any other positive Stipulation of God with the
Jews
, exposing their Children for their Father's Sins, it does not hold out of that Nation, and that Covenant; it is not applicable to any other Country.
Pag.
11. The Doctors offers a Reconcilement of the two places of Scripture,
Exod.
xx.5.
God visits the Sins of the Fathers upon the Children
; and
Ezek.
xviii.20.
The Soul that sinneth, it shall die; the Son shall not bear the Iniquity of the Father
. The Doctor reconciles this, by supposing that
Ezekiel
means the next Life,
When the Soul that sinneth shall die
; that is, be punish'd with the second Death, of eternal Misery.
There is no Contradiction in those Places.
Exod.
xx.5.
God visits the Sins of the Fathers upon the Children, to the third and fourth Generation, of those that hate him
; that is, Idolators were obnoxious to be cut off with Death, to the third and fourth Generation. This was to be by
God's Execution
of his own Law, as he pleas'd.
The Son shall not bear the Iniquity of the Father
; that is explain'd,
Deut.
xxiv.16. of Man's Execution of God's Law, that he was not to kill the Son for the Father's Sins.
Consult that Text:
The Fathers shall not be put to Death for the Children, nor the Children for the Fathers: Every Man shall be put to Death for his own Sin
. It is transcrib'd by
Ezekiel
, and means in both a human Execu tion, not a divine Visitation. 2.
Kings
xiv.6.
The Children of the Murderers he slew not
: According to the Law,
the Fathers shall not be put to Death for the Children, nor the Children for the Fathers; Every Man shall be put to Death for his own Sin
: Which is spoke of
Joash
killing the Servants that slew his Father, and not their Sons; proving that this of
Ezekiel
refers to human Executions only, as directed in
Deuteronomy
.
Another Proof of this is 2
Chron.
xxv.4. where
Amaziah
is said not to slay the Children of Murderers, as the Law commanded, saying
The Fathers shall not die for the Children, nor the Children for the Fathers, but every Man shall die for his own Sin
. The same as in
Ezekiel
, a human Execution.
And
ver.
2. of that Chapter of
Ezekiel
, you read of a popular Complaint,
The Fathers have eaten sowre Grapes, and the Children's Teeth are set on Edge; you shall have, saith the Lord, no more Occasion for that Proverb, all Souls are mine; the Soul that sinneth, it shall die
. There God repeals the Penalty in
Exodus
, which he threaten'd,
that he would visit the third Generation:
And
Jerem.
xxxi.30. prophesies, in the very Words of
Ezekiel
, that
the Days shall come, when every Man shall die for his own Iniquity
.
Dr.
Trap
avers, that the only true way of reconciling these Places (which want no Reconcilement but to understand them, that
Ezekiel
repeals the Penalty in
Exodus
, as to any suppos'd divine Visitation on Posterity, and refers to human Executions only, as to a distinct Law of not killing the Sons for the Fathers Sins;) the Doctor's only true way is by explaining
Ezekiel
of a Future State, which is out of the
Jewish
Covenant, out of their Law, though known to, and believ'd by most of them.
The Children's Teeth
are
set on Edge
; did not mean that the Children dy'd in another World; but present Inconveniencies, which they complain'd they suffer'd
unequally
, not according to their Law, for their Fathers Sins. Whence God answers them, Are not my Ways equal, just by my Covenant, in your Law? They cou'd not complain of Inequality as to another Life, because it was never stipulated to them; it was a present Grievance which they then knew and felt, not the Apprehension of one to come.
The Doctor is more just in his History than his Divinity; he well paints the miserable Consequences of the Civil Wars to this Day;
P.
16. he ascribes to them
the most corrupt Religion
of King
James
II. as he speaks; the Canon-Law still retain'd in
England
, founded much on the spurious
Isidore
, is Part of that, which is two thirds of another Church, and numerous other Corruptions are producible on a Challenge.
The Doctor puts some Blame on King
Charles
and King
James
II. What Prince is without it? Yet King
Charles
II. encourag'd Learning; Trade was not sunk in his Time, nor Taxes so burthensome. Their Faults ought not, cannot be defended. May we see no greater. And, as the Doctor quotes the Text,
Let the Ministers, the Priests of the Lord, weep between the Porch and Altar
, lest a Share in the Guilt of that Day should be laid to their Charge.
I will not now dwell upon what
Salmasius
, a Great Master of Critical Learning in
France
, has written in Defence of the King in the Civil Wars; or of what
Milton
has reply'd to him; that may be the Matter of another Lecture: It was said, that
Salmasius
dy'd of secret Uneasiness at the Answer of
Milton
.
The Reverend Mr.
Milbourn
, has been distinguish'd for his Zeal, and repeated Discourses on this Subject; and particularly for his
Preface
against the Reverend Mr.
T. Bradbury
; who retorted upon him,
Fenwick, Friend, Parkins, Charnock, Rookwood, Ashton
, and others, declaring a Design to murder King
William
, as agreeable to Conscience, and the Doctrine of the Church of
England
; and that in the Case of King
Charles
, no
Proof
could be given, when the King would not
plead
. I wou'd remark on that, that a King pleading is not in the Laws of
England
. The Word
Pleas
, is from
Placita
, the King's Sentences or Pleasure; which is against his Pleading.
I will conclude at present with a Method of Judging all Sermons on the 30th of
January
. The first Step is to resolve on forming an entire View of the Occasion. He that is imperfectly acquainted with the History and Foundation of the Original Controversy, which produc'd the Civil Wars, and ended in this fatal and deplorable Event, must have an imperfect Notion of the Discourses preach'd on the Anniversary: If on either Side, for or against it, he is determin'd to judge according to his Passions, and Prejudices, taken for granted, he cannot understand a Sermon on the Subject.
For this Purpose, he is to consult all the Lights of Historians possible, neglecting none of either Party; weighing their Authentickness, their Honesty, their Know ledge of Persons and Incidents, and building, not upon
their
Opinions, Characters, Representations, and Reflexions, as
theirs
, but as
Facts
vouch'd by them; comparing them with one another, and passing a very slow, deliberate Sentence on the whole Comparison.
When he had laid this Bottom, a Hearer is to consider, on the 30th of
January
, what is the Audience, what is the known Byass of the Major Part, what they desire, wish, or expect, shall be preach'd, and guard his Judgment on that Quarter: Who is the Preacher, what his Abilities, Study, and Party; what is the Interest weav'd into the Argument; hear nothing implicitly, for or against the Day, and attend closely to the Application of it.
Then when the Text is nam'd, let him reflect, how proper it is to that Point; whether it be explain'd at all, or justly; whether the Doctrine arises from it; whether the Heads be regular, branching of themselves in order from the Propositions of the Text, and one another, or
made
to issue from it; whether the Proofs be alledg'd for Assertions, from Facts, Witnesses, and Scripture, and taking the Scheme and Tenor of the Discourse, the most probable View and Inclination of the Preacher and the Audience, with the Reasons and Consequences of them, impartially deduc'd; and the Share of the present Times in the Affair.
By this Method he will be able to judge clearly the Merits of such Discourses, and separate the Truth from other Mixtures: And as to the pious Turn he is to give to it, he is to make the Scripture his Test; the
Word of God
, in the midst of the seven Lamps, his Guide; proportion his Submission to the higher Powers, to their Exercise of their own Duty; enquire how far different Persons intend the same Thing, in several Methods and Circumstances; in the Changes of earthly Kingdoms, look at that Inheritance which fadeth not away; and adore that immortal Potentate, Jesus Christ, who has the Sovereign Right to the Heart, and whose Sceptre is a Sceptre of Righteousness.
I cannot take Leave of this Consideration, without doing Justice to the Virtues of the three Preachers above-mention'd: The Loyalty of the Bishop to his Prince; the Zeal and Vivacity of Dr.
Trap
; the Publick Spirit of Dr.
Croxall
. Let us apply the whole to the Culture and Improvement of all worthy Qualities, which we esteem in others; the Discernment and Cure of our own Defects; our mutual Edification and Good-will, as FellowChristians; and modelling this, and all Articles of Thought and Conduct, to our ultimate End, the Salvation of the neverdying Soul, and the Glory of the Eternal King; To whom be all Obedience, Love and Praise, through endless Ages.
FINIS.
MERLINVS ANGLICVS
JUNJOR
: The
English Merlin
revived; OR, His prediction upon the affaires of the
English
Common-wealth, and
of all or most Kingdomes of Christendome
this present Yeare, 1644.
By
W.L.
Published according to Order.
LONDON; Printed by
R.W.
for
T.V.
and are to be sold by
I.S.
in
Little Britaine
. 1644.
To the Reader.
IN Christmas last past, I was intreated by some friends to write my judgement upon this yeares Actions, 1644. the 6. of January I finished it; since which time divers Coppies have been
obtained
from me; insomuch, that fearing some Copy might surreptitiously be printed: I have given leave to a Friend for this Impression. And whereas there are some months elapsed since its first writing, they that have any of my former Copies may perceive thereby, whether any materiall accidents have happened, as by me predicted, and then expect the same verity from the succeeding Months, sith all the judgement was drawne from the same fountaine of Learning. If this finde entertainement, thou mayest expect my Astrologicall Treatise of the ninth lesser Conjunction of
Saturne
and
Iupiter
1642.1643. which hitherto is not handled to any purpose by any man, or to the credit of Astrology; I am therein copious, and deliver to the world what I conceive of these our domestique Wars; when we may expect an end of them; what I conceive of most Nations of Europe; there I handle the effects of the remainder of influence of the last Comet in 1618. the cause of these Wars from the heavenly Constellations, as also the nine Conjunctions of
Saturne
and
Iupiter
in the watery Trygon, beginning in the time of
Henry
the sixth; as also the Conjunction of
Saturne
and
Iupiter
upon entrance of the fiery Trygon 1603. and since: If that Tractate please, I have also almost finished,
The Government of the World by the seven Planetary Angels under the severall Trygonicall Revolutions of Saturne and Iupiter
, even to this yeare, from the beginning of the world. If any Astrologer of this or any other Nation, carpe at any judgement in the subsequent Discourse, I offer to maintaine against one or all the verity thereof, according to the fundamentals of Astrology: and I shall take it as an especiall favour but to receive the precise dayes of the month of any materiall accident from any well wishing Gentleman or Souldier; the better to rectifie my judgement another time: And I desire all English and Scottish generous Spirits to passe by the errours and failings of this maiden Worke (for errour there will be) so shall you engage little
Merline
, who is not ashamed that his name is
William Lilly
.
At the three Flower de Luces neere
Somerset House, 1644.
To any, or every man.
I Desire to be modestly and Christianly censured for writing this subsequent discourse:
Non quod falsa hominum judicia verear, sed ne quis nimium credulus obloquentium dictis ignorans de nobis scandalum sumat; omnis enim quæ scire unquam professus sum, cum Deo, & sine injuria fidei nostræ Christianæ scio, & judicatus sum; licet ex mutis paucissimi queant inveniri, qui mysteria occultarum influentiarum Cœlestium intelligant
.
Its far from my thoughts that there's any binding or inevitable necessity in what I predict by the radiation of heavenly bodies; the stars have no such unlimited lawes, they are bounded, and give light to us or some small glimpses of the great affaires God intends upon earth, but if we rely on our judgement, without relation to the immediate rule and direction of his eternall providence, alas, how soone of wise men we become errant fooles and Ideots: I have ever loathed fatall necessity, supposed by
Plotinus
to be maintained by
Ptolomey
; certainly I do not remember any Astrologicall, writer either
Arabian, Greek, Jew
, or
Latine
that maintaines such an Atheisticall opinion. God created the heavens, Sun, Moone, fixed stars for the benefit of man, and his own glory: If the Heathens, the Caldeans, Syrians, or some absurd Indians, and Egyptians abused this knowledge, and these Celestiall creatures; shall we Christians suffer, which modestly use, but no way abuse either the Planets or their influence. We use the light of the Sun beames, we make the Sun no God, no incense do we offer; the Moone lights our wandrings in the night, and we are thankefull to God for it; by helpe of fixed stars we saile and performe many admirable secrets: By day I understand knowledge, by night ignorance:
Jacob
understood by the Sun himselfe, being Master of the Family, by the Moone his wife; by the
II.
fixed stars a multitude, &c. This learning is ancient, and hath had society with Kings; its now despicable, it hath few favourers, and as few that understand it. I desire to be judged by those that apprehend something in Astrology, and not by the censorious criticall Asse, that beleeves no influence, scarce a heaven: It was folly in me to judge of any science, I was never acquainted with; hee's as much foole as
Phormio
that censures my labour, and knowes not what I write of, nor the principles of that Art from which I draw my judgement; I beleeve God rules all by his divine Providence, and that the Stars by his permission are instruments whereby many contingent events may be foreseene as well in the generall accidents of the world as in particular mens fates, yet so, as,
Astra nullum imperium in mentes eorum habent, qui spiritu ambulant consitente dominum Jesum Christum omnia in sua potestate habentem
,
The discourse hath already found some friends, it must now expect as many enemies; I care not, I have avoided almost the termes of Art, that it might appear plaine and easie to the meanest; some things in my Copy the Licenser expunged, its thereby lesse significant: I am contended; it might have appeared in better termes four moneths sooner, had I intended to print it. I conclude with that of Saint
Augustine,
Deus regit inferiora per superiora
: The Planets and Stars are ministers not masters: Expect not that all accidents shall precisely happen to a day or a weeke, do not we first fit the ground, then sow, and after some expiration of time gather a crop: its impossible for the weakenesse of man at all times to hit the certaine day, or weeke of many accidents, sometimes we do, or very near, but not constantly: God keepes and reserves to himselfe many secrets, of which man hath no knowledge; he alters and changes times, seasons, and what he pleaseth, when, and where he will, so that we predict nothing but with this limitation, the hand of Almighty God considered or not impediting or preventing nature, for in his alone breast is all learning, science, knowledge, power and dominion for ever and ever.
To whom, &c.
W.L.
In some Copies the Reader is desired to correct the Errata following:
errata put into text
The signification of the 12 houses of heaven in an Annuall Revolution, by which every one is directed to the key of the Booke.
1. Ascendant, commonalty, Vulgar, life of every man.
2. Wealth, Riches, Estate, Movable goods.
3. Kindred, Neighbours, Small journies.
4. Fathers, Towns, Castles, Kings, wives.
5. Children, Embassadours, Commissioners.
6. Servants, Little cattle, Sicknesse.
7. Women, Warres, Law suits, Suitors.
8. Death, Inheritance.
9. Clergy men, Long journies, Religion.
10. Kings, Emperors, Princes, Generals, Commanders of Armies.
11. Friends in generall, servants in particular, their aide, or helpers.
12. Whispering, Great cattle, Envy, Sorcery.
When I speake of the tenth house, I intend somewhat of Kings, or persons represented by that house, which is also called
Medium Cœlio
, the mid heaven: When mention is made of the first house, Ascendant or Horoscope, I intend the Commonalty in generall.
In ictu radii exurgent æquora, & pulvis veterum renovabitur.
Dic: Et eris magnus Apollo.
Pensa libræ ex obliquo pendebunt, donec aries recurva cornua supponat.
Londinum Angliæ.
THE ACCIDENTS BELONGING In particular to
England
, and generally to many Countreys of
Europe: Astrologically handled for this present yeare
1644. By W.L.
I Intermedle not with discoursing (
in quo orbe magno sumus
) or what Signe or Planet doth governe in that great Orbe, nor who is Divisor, or what Signe is profectionall of every Orbe; a taske too hard, and not to be performed in a Pamphlet: Nor doe I speake any thing in this Discourse of the Conjunction of
Permutatio Saturni & Iovis de triplicitate in triplicitatem, mutationem significat regnorum & Sectarum,
Escuid. fol. 15. The permutation of
Saturne
and
Iupiter
out of one triplicity into another, signifies a change of Kingdomes and Sects.
Saturne
and
Jupiter
1642/3 nor of any precedent Eclipse, either
Solar
or
Lunar
; nor of the influence of the last Comet we beheld in 1618. which is now strongly in operation in all or most places of this Kingdome; I hold my selfe meerely to the Ingresse of the Sun into the first point of
Aries
, and according to that little knowledge I have, send out into the world these ensuing lines.
Seeing fixed Signes possesse the Angles of the figure, at the time of the Sun his entrance into the
Ram
, I hold the positure of heaven erected for that moment of time sufficient whereupon to ground my succeeding judgment for the whole yeare, I am warranted in so doing by
Guido Bonatus
, fol. 527.
Quando Sol intrat Arietem, si ascendens est signum fixum, illa revolutio continet in se omnes quartas illius anni
: This is also the opinion of some that have Commented upon
Ptolomey
; but
Ptolomey
himselfe who meddled not with this manner of judgement, gave direction to erect foure Scheames for every yeare, for discovery of the seasons of the yeare, which hee principally intended;
viz.
one Figure for the Vernall quarter upon the Sunne his entrance of
Aries
: the second, upon the Sunnes ingresse into
Cancer
: the third, upon the Sunnes entrance into
Libra
; the fourth, when he entred
Capricorne
: the former words speake this English; When the Sunne enters
Aries
, if the Signe ascending be fixed, that onely Revolution will serve to judge all the Quarters of the yeare by; of this opinion is
Leupoldus in Libro de Revolutionibus; Si ascendens in revolutione est fixum sufficit pro anno toto figura quam fecisti: si est commune fac duas, si est mobile fac quatuor
: If the ascendent in a revolution be fixed, it sufficeth for the whole yeare; if common, erect two figures, if moveable, make foure: I conceive more might naturally be deduced from the former position, then is fit to be publiquely knowne to the world.
If the rules of Astrology faile me not, or God Almighty cloud not my understanding, and so make me uncapable of judgement, some more then ordinary action and accidents shall this yeare happen in our Clymate, which is England; and in our neerest adjoyning neighbour Countries, which are Scotland, Ireland, France, Denmarke, the United (perhaps disjoynted) Provinces, as also in the Dominions of his Majesty of Spaine, in Flanders, and Brabant: The Celestiall Scheame it selfe is very strange, all the Angles being fixed, the Moone and
Mars
in fixed signes; the Sunne,
Saturne Venus
and
Iupiter
being all in the Equinoctiall and Cardinall signe
Aries
the ascendant of England, as if by this their position they pointed out wee should have action enough, and variety of it, &c. onely
Mercury
the father of lyes and untruths, and scandalous Pamplets is in a Common signe, as if he intended all this whole yeare to vex us with flying reports, continuall feares, false alarums, untoward speeches, contradictory newes, lying messengers, and cozening Accomptants, Receivers, Treasurers, and the like, &c.
There doth succeed this ingresse of the Sun, two Conjunctions of
Mars
with
Saturne
and
Jupiter
commonly called lesser Conjunctions; of both which I may occasionally speake, for in their seasons they will instrumentally put forward the actions decreed by Almighty God for this yeare. At the time of the Suns ingresse, I finde the Moone in the tenth house seperated from an opposition of
Mars;
Accidunt rixæ, mali rumores, dolores, mortes, effusiones sanguinis, falsa testimonia
: Bethem Apho. 37. The Moone seperated from
Mars
, we heare of brangling, ill rumours, sadnesse, death, the effusion of blood, false witnesses; she then applies to a trine aspect of
Venus
and
Jupiter
, which in the starry language tels us, that from
Christmas
untill our
Lady
day, there will be many hot skirmishes, and much bloodshed in those unseasonable times of the yeare, and principally in the
This was fulfilled by the defeat the two brave Knights, Sir Thomas Fairfax, and Sir William Brereton gave to the Irish in the North West of this Kingdom.
North West parts of this Kingdom.
And these stirring actions may be produced, by reason that
Saturne
and
Mars
the 12. of
January
come to a Quadrate aspect, and
Mars
and
Jupiter
on the sixt of
February
: Now if these Quadrate aspects of the three superiors, do in these dirty times stirre up any hostility or action, what will they do about the latter end of
May
, in
June
, and
July
, when they meet in Conjunction? at those times expect to heare of war, slaughter of men, division, Towns besieged, some taken, some plundered, some relieved, &c.
The precedent aspects being in Cardinall signes, shew the actions of this winter to be greater then may easily be conceived, and of greater
This I conceive fulfilled by the accesse of the Scottish Army.
concernment then at present we imagine: yet after some stormes the defluction of the Moone from a malignant Planet and aspect, to a milde fortune by a benigne trine, tels us of a seeming probability or willingnesse to Accomodation of peace
I thinke it was in February a Message came of peace.
.
And yet I cannot finde it more then a likelihood of Unity, for the Proposer hereof, or Proposers, the Articles, propositions or the like, which either are or shall be framed, and are signified by
Venus
, and
Jupiter
, who behold the tenth house with trine aspect, which is of love and affection: but I say, for as much as neithe
Venus
or
Jupiter
do behold the ascendant, which hath signification of the publique State.
I frame this Conjecture, that not onely they that shall frame these propositions, but the
It was so conceived, by many.
Articles themselves shall have more in them, which may advance the desires of those signified by
Medium Cœli
, then the good of the people signified by the ascend.
So that although in
February, March, April
, an
May
, and part of
June
, some Propositions or overtures for a peace or Treaty may be made, yet without a miracle all Treaties end in
We have found it too true.
smoake and vapour; for it may be feared the
Treaty
is brought on to protract time, by those that are signified by the tenth house, that wish not well to the government of this Kingdom, they having hopes of forces from
Ireland
in
April
and
May
, and from
France
in
July
and other seasons, also from
Denmarke
ayde is expected, and from another Prince of lesser fame and quality, and therefore not so much mistrusted.
If any beliefe or Credit is to be attributed to Annuall Revolutions, nothing but
We all know what distractions here was with the Independants, &c.
division, dissention, bloodshed, murther, backbiting
Sir Greenfield and others make this good.
treachery, poisoning, distraction, and fraction will be at the Courts of Princes and else where, each one mistrusting one another, many being faulty, and long ere any be discovered, murmuring secretly each at other, so that it may be feared God hath sent downe into our English Court and Common wealth, that destructive and Martiall Angell, which incited the enemies of God to destroy each other. But let us be sory for what shall exactly see and finde true in this kinde, and endeavour an Union amongst our selves.
There are also this yeare two Solar Eclipses, and they of long duration and great, though not visible in our Horizon; yet in a time of generall distemper they will operate and adde fuell to the fire: The first is in the ninteenth degree of
Pisces
, neare the Cuspe of the fifth house in the Revolution, where
Mercury
and
Cauda draconis
are placed: That may point out the continuance of our Domestique troublesome wars by the subtilty, cunning and plotting of a woman, or women rather; Secretaries, slie knaves, witty and well spoken:
Magni prestantisq; viri interritum, latrocinia, et rapinas terræ marique promiscuas minitatur: Proclus
, it threatens the death or destruction of some eminent person, thefts and pillaging in a promiscous manner, as well by Sea as by Land. The second Eclipse is in
August
, in the ninth degree of
Virgo: Calamitosum regis alcujus exitum & stragem arguit; famen, pestem, & seditiones mortalium
: It argues a Tragicall end and discomfiture of some certaine King, Prince, or great man; and Hunger, Famine, the Plague, sedition or suddaine rising of men, with many miseries I forbeare to relate, cruelty, oppression, inhumanitie of the souldier, and that many Maritime Townes will be in great jeopardie, and sustaine much damage, it points out many sea fights, the death or destruction of some Empresse, Queene, Princesse, noble-woman or the like in our
Europeian
part of the world. Both the Revolution it selfe and the former Ecclipse acquaint us, that some Embassadour or Embassadours, Agents, Commissioners or the like from forraigne parts will arrive here to negotiate an accomodation, and in conclusion they may be discovered, or it will be doubted and mistrusted, they deale not so candidly as may or might be expected:
Here have since arrived some Embassadours.
And indeed I find this will be a yeare of discoverie of friends from foes; as well at Court as in Common-wealth; a full discovery will be made of one eminent person at Court, and perhaps of an other some where else, that is a starke knave or knaves to the poore kingdome of
England
: Is not
Mercurie
Lord of the 11th. and an assistant to his Majestie at Court: and is not he dissembler enough and traitor besides that hath his
significator
with
cauda draconis
. I cannot say this is the man, or these the very men, but I say the most mischievous of all is such a man; one that hath formerly been imployed as Agent, Negotiator, Commissioner, Secretarie, or Embassadour, and is of stature pretty tall, of a swarty, sallow or Sun-burnt complexion, a thin visage and ill countenance, but of a deepe and pestilent understanding, he is not fluent in his speech, but covetous and envious,
&c.
But sith
Mercurie
is with
Cauda Draconis
, and in
a
double bodied signe, he may represent more then one, or many, one whereof may be a seeming Saint, though really an arch Atheist, one of high stature, big joynted, aged, and yet not much more or less then sixty, one of much outward sobrietie and gravitie,
&c.
It doth appeare by the trine aspect which
Venus
and
Jupiter
and
Saturne
have to the
medium Cœli
, and the existence of the Moone in the tenth, that those parties signified by the 10th house may expect in these their affairs the assistance of three or foure Kings or States, or ayde of men, ammunition and money from so many Countries; but I find not that those forces shall opportunely serve their occasions, or much improve their undertakings, for let us consider both
Jupiter
and
Venus
are cadent, and neither of them so dignified; that is so flush, as to spare such considerable supplies as may effect the thing intended; I shall speake more of this in the sequell. Doe not I evidently see, and may not a moderate Astrologer perceive, that their owne domestike servants shall betray them at home, and their correspondents abroad deceive them and falsifie their promises; is not
Mercurie
their
significator peregrine
, in detriment and in no support of any planetary aspect. Every Prince or State that in termeddles will be full of feare and suspition, that in assisting such persons as are signified by the
M:Cœli
, they may plucke an old house over their heads,
viz.
they may unhappily give libertie to their own subjects to rise in Armes for their just priviledges: But the reason of this judgement is drawne from that
Apho.
of
Cardane
in
Seg.
2. 187.
Conjunctionis locum revolutionem præcedentis, quo in loco ab ascendente fuerit revolutionis annis considera, nam magna evenient juxta domus naturam
. Consider the place of the new Moone preceding the Annuall Revolution, and also in what place of heaven it is in from the ascendant, for great matters shall come to passe according to the nature of that house. The Conjunction preceding the Revolution is in the degree neare
Mercurie
in our Scheame, and he was Lord of the Regall house at time of the conjunction: The Ecclipse it selfe was partly in the seventh house, retarding it's effects the longer, that is, untill
May, June
and
July
; but will it end in
July
? Oh no: then,
&c.
The position of the Moone in the 10th house in conjunction with
Cor leonis
, doth assure us that the greatest State actions of
Europe
this yeare will be mannaged by a woman or women, or men of feminine deportment and spirit, but as both
Venus
is
peregrine
and cadent, and the Moone is afflicted by
Mars
, out of the 4th house, and a signe fixed; so either sicknesse, or some casuall accident, afright or amazement, or vengeance from heaven, may prosecute her or them to their graves, and so cause them to finish their dayes in a miserable condition: These women are in part described, one of a haughty masculine spirit and courage, tall and fleshie, fat and faire, of flaxen haire,
&c.
this is presented by the Moone; The second signified by
Venus
in
Ariete
should give the complexion to be browne and ruddie, somewhat obscure, because under the earth, of middle stature, excellent spirit and temper, crosse and wilfull, of a sad browne haire, sickly, because
Venus
is in detriment and in 6[deg] decaying in name and fame, because the Sun affords no aspect unto her
&c.
The third should be signified by
Jupiter
, or her conditions at least, though he is masculine: A Ladie of goodly proportion clouded in the world, for
Jupiter
is departing out of
Aries
into
Taurus
, where he hath little dignitie, she is freckle faced, and some blemish in one of her fore-teeth, or impediment in her breath, perhaps it stinkes. But now againe I find
Mars
is absolutely (
Dominus Anni
) the Moone doth participate, because of her strength and locall being in the tenth house. The signe of
Scorpio
represents the Commonaltie or vulgar people,
Mars
and the Moone their Superiours, Governours, Commanders, or better sorts of people.
Mars
and the Moone are in opposition and in fixed signes, how much doe I feare discord and division in
May, June
or
July
, these Pla nets fore-shew some such thing; God grant no distractions may ever appeare amongst them: More might be said.
This yeare the Sun properly and naturally, doth signifie Soveraignty, Royaltie, Monarches and Monarchies, and in effect all the Kings or the principall Rulers of
Europe
; for the signe ascending being of long ascensions, we shall scarce find any other ascendant or culminating signe then what we have alreadie in our owne
Horizon
, though we reduce the Suns ingresse to almost any latitude in
Europe
. It is true the Moone accidentally hath some signification of majestie.
Esse Regum à Sole, Saturno, & Planeta existente in decima. Hermes.
Apho.
xxiij. Take the signification of Kings or Princes from the Sun, Saturne, and the planet casually posited in the 10th house. Yet
Mars
is absolutely strongest for all the yeare, some moneths excepted, words of some concernement, if rightly apprehended, else not to be expounded. But let us make use of our scheame and collect the judgement of our Authors,
Aspicies si decima domus fuerit Leo, & utrum tunc Mars aspicit Solem vel decimam, vel si fuerint Sol & Mars corporaliter juncti, tunc inquit timetur interfectio Regis sive Principis cujusdam illo in anno, & si vis scire unde, vide in qua domo Mars est, & ab illa domo est causa sceleris
.
Guido. fol.
522.
See if the 10th house be the signe of
Leo
, and if
Mars
behold either the house, or be in conjunction with the Sun, if such a thing or aspect happen, it may be doubted a King or certaine potent Prince will be in danger of killing that yeare; if you will know from whom; see in what house
Mars
is, and require the cause from thence,
&c. Mars
is now in the 4th,
Accidet ergo hæc illi ab aliquo qui veniet etra terram
, viz.
this mischiefe shall chance to the King or Prince or great person from one borne in another Country: A good Caveat to Princes must entrust no forraigners with the safeguard of their persons and bodies, the judgement would stretch further, that they arme no forraigne borne Prince for feare of deceit and treacherie:
Accidit in puncto quod non speratur in anno
: A mischiefe soone happens, when it's effected, no bodie is willing to owne the perpetration. The judgement is not improbable nor what followes immediately grounded upon great reason in Art, because the Sun is going to the conjunction of Saturne;
Accidet regi cuidam angustia timebiturá, ne ----- Rex illo in anno
;
Guido. fol.
522
Extreme griefe of mind shall infinitely oppresse a Prince this yeare, and it may be doubted some mischiefe may befall the said Prince. He that knows how to apply the rules of Art to judgement, may frame a shreud supposition, let him consider what Saturne is naturally, what house he is Lord of, and in what house he is posited. The truth is, either a Ladie, Embassadour, or great Commander shall wonderfully torment som
Eu ropeian
Prince; or with their Councels united shall bring abundance of reluctancy to some person of Regall discent: Some ill newes may come to those Princes that have children, concerning either the death, sicknesse, or some dire accident to one or more of them; the same that I say to Kings, Princes or Dukes, I say to Earles and other great Gentlemen, in a time of generall infelicity, what eyes hath the bullet of a musket or Cannon, or the edge of a cutting sharpe sword. I must ingeniously confesse the positure of heaven is averse to Monarchy, nor doth it flatter the Commonalty: both shall suffer and smart: a happie peace were much to be desired, for
si
Mars in revolutione Anni in Angulo, & aspexerit ascendens, significat sanguinem, & gravius, & in omni terra in cujus signo fuerit ejus lumen, vel oppositio vel quartus aspectus
:
Guido. fol.
521.
If
Mars
in the revolution of a yeare be in an angle, he signifies bloud shed and to purpose, and in every countrey to which he casteth his quadrate or opposite aspect, or to the country subject to the signe he possesseth at that moment of the revolution. If this prove true, my judgement must faile, if
Italy
this yeare be not in some broyles,
Valachia magna, Muscovia, Transilvania, Swethland, Westphalia, Bavaria, Piemont
, some countries that lie neare the
Alpes, Apulia, Gallia togata
; some part of
Greece
and
Turkie, Polonia magna, Lorraine
, a great part of
Germanie, Ireland
, although
Iupiter
passe through
Taurus
; France
will hardly be excused, or
Denmarke
stand for a cypher: A proper goodly Noble-man of red or flaxen haire will vex or disturbe the North or North-west or West of
Scotland
, and perhaps some others the South.
I heare some such thing hath hapned.
But those active gallants must beware: I meddle not with
Portingall
whose King I much honour; he's like to keepe what he hath: Nor with some Cities of
Holland
and
Zealand
, who may perhaps have cause to murmurre ere the Sunne againe returne to
Aries
, 1645. I write cordially, I will flatter no Nation or people: what art informes I must write; I say there will be fraction and faction, not onely and altogether at or in the Courts of Princes, but in their countries and dominions amongst their Subjects and meaner people:
Rome
and
Venice
looke to it carefully, is there no treason hatching against you, no private counsell to plunge both cities in warre, either this Pope
Barbarino
, or some magnificent Clergy-man will be in danger of death this yeare; why not made away in a tumult or strangled. Let not the
Aurangian
Family thinke it selfe excluded this yeare, from perturbation, mistrust, jealousie; if from further mischiefe.
Guido. fol.
552.
Catalonia
and
Norway
are subject to
Scorpie, ergo
, &c.
Si Mars fuerit corporaliter junctus Saturno
(as the last day of
May
you may find them)
significat diminutionem status divitum ac magnatum & malè se habebunt invicem cives illius Regionis, & pauca erit inter eos pietas & misericordia
.
Guido. fol.
552.
When in a yeare you find
Mars
corporally joyned to
Saturne
, the wealth of the Nobilitie and of great persons is extreamely impoverished, the Citizens generally of the Region have much adoe, small is the charity or mercie which men use one towards another:
Si Mars sit junctus Saturno, significat bellum & effusionem sanguinis, & multitudinem febrium, & etiam quartanas febres, & pestilentias in partibus orientalibus & significat juvenes & quod cadet inter divites & magnates Guerræ atq mutua interfectio ex ferro
. If
Mars
be joyned to
Saturne
, he premonisheth of Warrs to ensue, and the effusion of Christian bloud, many violent Feavers of all kinds, quartan Agues, pestilence in the East-parts, and that the Nobilitie and great men of Gentry shall fall at division amongst themselves, and one kill or destroy another: When could these rules have been more aptly applyed, then in these distempered times; the cause or provocation which now incites to kill, was formerly in a time of peace concluded in wrangling words, in this sence understand me.
Mars in revolutione in signo aerio significat injurias
, So saith
Messahalah lib.
1.
cap.
45.
Mars
in the revolution of a yeare in an aery signe foreshews injury oppression and tyranny: which is confirmed by
Hispalensis, Mars in signo humanæ figuræ erunt bella, sanguinis effusiones, mortes ense vel igne
;
Mars
as now posited, doth portend shedding of blood by sword and fire &c. The reason hereof I conceive to bee, because aery signes produce words and winde, which usually provoke men to further quarrell. There are some conceive and that rationally that
Saturnus
being Lord of the third and combust, doth stirr up a multitude of theeves and high-way robbers.
Intrabit districtio et Angustia super nobiles
;
Guido. fol.
555.
Distresse, sorrow, and anguish of mind shall terrifie the Nobilitie and Gentry of this and other Kingdomes. So many Axiomes and Aphorismes of the learned against the Gentry and Nobility, doth seeme exceedingly to stirr up many afflictions unto them in their estates, fortunes and persons; Caution is good; wee can never bee too wise, especially in a troublesome time. Be things as they may,
Si Saturnus fuerit in quinta, significat abortivos illo in anno plus solito, et detrimentum filiorum, et contentiones cum legatis, et nuntiis, et quod ipsi non bene perficient quod sua interest.
Guido. Fol.
562.
Saturne
in the fift house causeth more abortives then usually have been, the destructions of many mens sons or children, much tergiversation with Embassadours and forraigne Agents, and that they performe not what may bee expected from them: Let our State see to this if any Embassadours come over unto us this yeare, and let people be carefull of their children, and midwives of women in travell. The more I behold the heavens, the greater mischiefe do I feare; but knowing God can in a moment reconcile us, I am more sparing in Art; yet let none take it ill I predict what I do upon the positive rules thereof. But sith
Saturnus
and
Mars
come the first time to a meeting since the ninth lesser Conjunction of
Saturne
and
Iupiter
, 1642/3. now in this present yeare, and in the sixt house of heaven, here may be some especiall notice taken of it, for according to the immediate action depending on this little or lesser
This conjunction is the last day of
May
.
Conjunction, you shall, I say, see wonderfull alterations to succeede; Some would imagine, because it fals in the sixt house, that it should signifie extreme sicknesses, much destruction to mankinde, &c. without good consideration, it may puzzle an easie judgement: my opinion is thus, that as both
Iupiter
and
Venus in figura Mundi
were by place in the sixt house, so their benevolent presence may and will diminish the malitious influence of the
two
infortunes, especially if that Aphorisme be true,
Quicquid ligat Saturnus, solvit Iupiter; quicquid ligat Mars, solvit Venus
:
Almans. prop.
36.
Iupiter
cures where
Saturne
hurts, and
Venus
where
Mars
; and this is true in any magicall naturall conclusion.
It is true, the Conjunction succeedes the Worlds figure, and yet I conceive it shall produce no such plague or fearefull diseases as some have dreamed; it may produce great weaknesse in peoples fights; the head-ach more then ordinary, and stoppings at the brest, and much slimy fleagme in the throat, but that it should shew a sicknesse, I meane a plague generally, I cannot fore-see: for
Mars
being in his owne house, hath great dominion of
Saturne
, and if we beleeve
Almansor proposit 7[deg]
.
The conjunction of these two planets, doth cause suddaine stormes, hail, thunder, tempests, &c.
Quando duæ conjunguntur infortunæ, sit ex eis fortuna perfecta
. The Conjunction of the two infortunes, becomes a fortune. It must be warily understood, some evill they will doe, but not so much as otherwayes they would, had neither of them been well dignified. But because
Aries
is a beastiall signe, and the Conjunction is in the sixth House, I conceive it imports much stirring and preparation to Action in a Military way; and causeth the Souldier to desire fight and service, and for that
Mars
is Lord of the ascendant
in figura Mundi
, and
Saturne
of the fourth, which signifieth Townes, Castles, Forts, &c. neare upon the time of the Conjunction or in
Iune
. A Towne will be taken by those that had
Mars
their significators in the worlds figure, &c. it tels us of detriment, hinderance, losse, consumption and destruction of foure-footed beasts, both greater and smaller, and especially of those are most usefull for man, as the Oxe, the Horse, Cow, Asse, the Hog, Sheepe, Deere, Conny, &c. it threatens mens servants male and female, young and old. By which it appeares how great losse and dammage the industrious Countrey-Farmer and Husbandman shall sustaine, by loosing, and the taking away of such goods and servants as are most usefull for him. But shall the Countrey Farmer, or day-labourer loose all, it is said by some, that
Iupiter in Ariete
, &c. threatens and points out Nobles, Judges, Lawyers, Gentlemen, Bishops, Deanes, Clergy-men in generall, Doctors, Proctors, Atturneyes, Phisitions, Surgeons, some Commanders in Chiefe, of all sorts of men and Citizens some, or many of every kinde shall participate in this generall losse, either in their persons or fortunes, and of this let every Reader be sure, &c. In many parts of this Kingdome it shall come to passe one neighbour shall be very carefull to preserve somewhat for another, but it shall so fall out, he that indeavours preservation for his neighbour shall in the meane time runne the hazard of loosing his owne, so much oppression and inhumanity shall in probability fall upon us this yeare.
Video paucitatem substantiarum & curiositatis inter magnates
;
Guido. fol.
565.
I judge the Nobility and Gentry shall not be so flush of money as to buy bables and trifles: the pressing Calamities of this yeare may be so extreme, God grant them money to furnish themselves with bread and necessary Conveniences: Let
Punctillos
alone. These Arabicall Conclusions may this yeare be well verified, the times considered; for sith all the Angles are fixed, and the Moone and
Mars
strong in Angles, the
Chelæ
in the ascendant, and
Cor Leonis
in the tenth, the Sun impedited of
Saturnus; Iupiter
and
Venus
weake and cadent; I see no probability of concluding any peace this yeare; I am of opinion there will be strong action and warre all this whole yeare, and that there will be fighting enough and too much.
Let me be pardoned
:
feci
:
I assure you there's a mysterie, who is he can tell it
? But Astrologers use to say, when
Mars
is in the fourth house, and in a house of
Saturnus,
Significat exspoliationem mortuorum positorum in sepulchris & suffossionem parietum & ablationem aliarum rerum per modum latrocinii; significat exercitium hominum in lucrando & extorquendo pecuniam undecung, poterunt per modum dominationis non licitæ, per falsas attestationes, & per verba malitiosa, & patientur homines pericula & tribulationes
.
Guido. fol.
570.
viz.
we may justly feare in this ensuing yeare, the robbing, spoiling and defacing of the sepulchers or monuments of the deceased, the undermining and breaking or demolishing of stone wals and buildings; the unruly taking away of other mens goods by way of filching, theevery and shirking, we also foresee a kind of trade amongst men in getting and extorting moneys
per fas & nefas
, after a domineering fashion or commanding way altogether illegall, by false informations and suggestions of evill words, by which meanes men shall suffer infinite dammage, tribulation, and other personall afflictions, &c. If
Mars
be in the fourth house, much death followes by sword and sicknesse, and these beginnings may be or begin in the North and end in the South;
& hoc crede mihi est valdè timendum
. Nor shall the South West and West escape without plenty of bloudshed, poverty, and plundering, &c.
Guido. fol.
573.
Crede. Si Mars fuerit in Aquario
(as he now is)
significat gravitates atq tribulationes venturas hominibus, & abundabunt nives, & pluviæ, & frigus in suo tempore, sive suis temporibus, & minuetur Annona & vinum atq butyrum in partibus occidentalibus, & in terra quæ dicitur negotiatorum, & significat mortem sive mutationem regis sive dominatoris illius regionis in qua tu revolveris annum
. If
Mars
be in
Aquarius
, he portends grievous afflictions and tribulations shall come upon men, and that snow, raine and cold shall abound in their seasons, there shall be great scarcitie of provision for man and beast, as also of Butter and the like in those Westerne parts from whence it was formerly transported by the Merchant; either the death of the King of that Countrey where you set that revolution is to be feared, or some mutation of principall Governour; we have now many severall Governours, let there be a change of twenty, so that God blesse our Soveraigne
Charles
King of
England
, which I hope he will, and indeed the Arabians, whose words these are, had in every their severall Countries a petty King, so that the words might almost annually be fulfilled amongst them, or once in three yeares; but I see not how it can have relation to our Kings in Europe in the strictnesse of the letter: it may threaten some casualty in my opinion, or some suddaine amasement or fright to some Europeian King, Prince, or the like, &c. There will be a sensible alteration in many mens estates by reason of their children; let it be understood rightly, and the Sun shall not the second time run into or thorough
Aries
ere children and kindred act their parts and that to purpose, &c. and in truth the Sun in the fifth impedited of
Saturne
sheweth this. I must now fall upon a necessary people signified to the world by
Mercury
, who represents Secretaries, Scribes and Clerks of all sorts (
& à consiliis regum
) as also Messengers, Agents, Trumpetters, but above all
Accomptants
, Treasurers,
Receivers
of money publike and private, but whether any of these be really honest,
I matter not
; there are many of these shall receive this yeare a just sentence for their cozening, cheating, and corrupt accounts, and for shirking the Common-wealth and State. Above all observe that
Mercury
is in the house of
Iupiter
, this tels me a spade is a spade,
viz.
that the
This I mean of those that under pretence of Religion, get fat places, but have no honesty to use them, whereby the State suffers.
greatest Professour makes not alwayes the truest accounts: Me thinkes I see them in
Iuly, August, September
, and
October
quake, and pray that God might send some Angell to take their accounts. Let me prophetically tell these Accomptants, our State will narrowly sift out their knavery, though most cunningly under the vaile of Religion they would shuffle off all calling to question, untill doomes day: As long as ye live trust none of those that prolong time:
Latet anguis in herba
: I love the honest man but hate the knave. Had not the Starres given me tongue and judgement, I had been silent.
Altercationes verborum toto hoc anno inter homines plus solito
.
Guido.
More words jangling and wrangling then matter all this whole yeare, but to little purpose, unlesse to prolong our disturbances, which as yet are not come to their height.
But let us come neerer home, and I hope without offence, seeing I finde the Moone in the tenth house neare Conjunction of the noble Star
Basilicus
in Tryne to
Iupiter
and
Venus
, I do collect Astrologically that those signified by the tenth house, by their Agents or Embassadours shall obtain assistance and supply from some Countries lying Eastward and Southward, and also from other parts, I meane, beyond the Sea: But if my judgement be not muddy,
Some say that the valiant
Swanley
hath effected part of this upon the Irish.
Mars
who represents the Commonalty, their Officers, Sea-men, Ships, &c. being in opposition to the Moone, who represents the ships that shall transport that assistance, I say its probable, the Publique Ships or Souldiers belonging to the Common-wealth shall meet with part of the Ammunition, men, and money, and either sinke or take them; perhaps ship-wrack may cast away some, &c.
Questionlesse, because
Iupiter
and
Venus
do both behold the Moon in the tenth house, and the Mid-heaven it selfe; Divers States, Kings, or Princes, and Princesses (because of the Moone in the tenth) living East and South from
London
will endeavour an Assistance all they can. But all their significators the Moone excepted are ill placed, whereby it may be knowne some would, but cannot; others will casually finde impediment, so that few will performe so much assistance as is and will be requisite for the enterprise in hand; and yet aide will come, for the Moone will performe it.
Here's much matter to be performed this yeare, its no sleepie or drowsie time;
Cum Luna in nocte fuerit in decima, significat effectum rerum ex parte regis & mulierum, & erit hoc citò, sed res in utrisq temporibus non erit durabilis
.
Guido. fol.
388.
When the Moone by night is in the tenth house, Kings shall have their desires performed by the sollicitation of women, and that suddenly, but what they act either by day or night, shall be of no continuance; From which it may be collected, that the Queens or great Ladies or Europe shall mannage the most materiall affaires of this yeare, and lend or send support to those whom they thinke are wanting thereof. But as the mindes of men are variable, I feare many shall finde the Resolutions of great Ladies this yeare more mutable.
What shall I say, its probable that in
Iune, Iuly
, or
August
, men, ammunition, or money may seasonably come to those that want it. Every planet hath some signification in one kinde or other, so hath the Dragons head and taile, though they are no planets but Nodes.
Caput in Virgine, destructionem messium & cæterarum frugum, & paucitatem omnium verum quæ metuntur, & casum vermium in arboribus & destructionem eorum quæ remanserint à prima destructione, etiam postquam fuerint reposita in locis in quibus credentur salvari sive custodiri
.
Guido. fol.
590.
Caput
in an Annuall revolution
in Virgine
tels us of the destruction of our harvest and others fruits, and much scarcitie of such commodities as are sold by measure, that Vermine and Caterpillers shall consume our fruits and abound on the trees, and what the Caterpiller leaves at one time, another sort of destructive creature will spoile at another: as also the losse, spoiling and wast of that corne, fruit or other graine which men have stored up in such places as formerly gave safety to their Commodities; so that little securitie is likely to be in our Chambers for houshold-stuffe or goods, as little in our barnes for our corn, and the like uncertainty in our Store-houses for necessary provision, or in our ware-houses for fruit and other Commodities.
Cauda draconis
saith, the souldier shall extend his power and rule over his Prince or Commander, and that many gallant and brave fellowes called Gentlemen and Noblemen will shift their habitations and dwellings to avoide the sentence and punishment due unto them for offences committed, and especially for feare of imprisonment, which they extremely desire to avoide: there will be also much babling, many provocations and words to stirre up new Sects and Ceremonies in Religion, so that it seemes here will be worke enough; generally
Cauda draconis
in the fift,
Tristabuntur homines causa filiorum, & quod portabunt homines sua vestimenta vetera
.
Guido, fol.
595. Men shall be extremely perplexed for losse of their sons and children, and many men shall be so put to it, they will be inforced to runne away with old clothes; Let me not live if
Guido
was not in this a very Prophet, for omitting the impoverishment of many by the Souldier, very many besides by reason of infinite taxes and pressures have made no new Clothes a long time, if it happen these to run, they must necessarily trudge with old clothes.
Bella excitat Mars si fuerit in Revolutione anni in Angulo figuræ Cœli quocunque.
Leupoldus, lib. 5. de Revo. Mars
in any Angle
in figura Mundi
, or yeares Revolution, excites mens mindes to war and contention; you must understand, if in a time of peace he be so posited, he provokes men to much law suit, the Nobility to private Duels, the Gentry to envie and siding one against another: the Countrey Farmer to many unjust molestations, one towne against another: For as raine in Summer though it descend in good quantity, doth not then by reason of the drinesse of the ground, presently cause a floud; so neither in a peaceable time doth
Mars
operate more then I have said, but now in an outragious time and of warre it selfe, we must take the words literally; But if the same Authour speake truth,
Victor erit, &c.
He shall be Victor or overcome, who, &c.
Si Saturnus fuerit vel in quadrato, oppositione vel conjunctione Solis, Regibus significat damna & infirmitates quæ accident in hominibus & in substantiis eorum, sed si Mars fuerit in quarto & humano signo, accidet in hominibus effusiones multi sanguinis & litium, & bellorum, & erit generale, & erit fortius in fine Anni
.
Haly
, 362.
fol.
If
Saturne
be either in Conjunction, square or opposition to the Sun, he demonstrates much sufferings unto Kings or great Princes in their fortune and worldly estate, but if
Mars
be in the fourth, and in a humane signe, there will happen to men much slaughter, many warres and controversies, and these calamities or misfortunes shall be generall, and most forcible towards the latter end of the yeare. What Part of
England
this present sixth of
January
, 1644. is free or cleare from one oppression or other, ere the latter end of the yeare, my heart trembles to thinke what shall happen in the West parts of this Kingdome; for as
Mars
in
Geminis
the last yeare afflicted that Country and Confines, so doe I much more feare him this yeare by reason of his positure in
Aquarius
, so that I doubt he may oppresse their
maritime
or Sea-Townes to purpose, their fertile grounds and pleasant meadowes. The Souldier will devoure and consume their stately houses and principall Palaces, fire, warre, and the Canon may
exspoliate
, &c. Let us looke to
Dunkirke
, and it to its selfe: yet let us not slight those
English
coasts that lye towards the coasts of
Normandy
: Its not probable any Army shall enter the East and South-East parts of this Kingdome, though at severall times such a thing may be endevoured. Those counties beyond
Trent
where the Elevation of the Pole is more than 54. are like to be the Tennis-ball of fortune harbouring both friends and enemies at one time, yet at length, if division hinder not, the enemy is beaten into a narrow compasse.
August
will informe you more,
September
and
October
very much;
Iune
and
Iuly
will have plentifull action, &c. If no Authours had charactered this yeare for such a blacke one, my own experience, though but small, would have made me doubt some terrible fate to be neer approaching. For upon perusall of many of my friends Nativities, and upon examination of their
Hylegiacall
places, I have found most of their Significators to have uncomfortable Promittors in one kind or other, intimating either danger, death, or destruction to their persons, or dammage to their estates and fortunes, all which could not be, if we did not already, and must further suffer under the generall fate now impending over
England
.
And indeed our sufferings are more sharp and terrible by reason the as cendant of this years revolution is neare the degree of the Comet in 1618 whose operation is now strongly in full force over all
England
, and is wandring towards the more
Northerne Clymates
, viz.
Scotland, Denmarke, Sweden, Polonia, Russia
, &c. but because in my Astrologicall Discourse of the effects of that conjunction of
Saturne
and
Iupiter
1642/3, I am copious, I forbeare further mention. The ascendant of this yeares revolution is the signe culminating at time of that conjunction; it is also the ascendant, when
Saturne
and
Mars
meet 31.
May
: by all which we are forewarned in the heavenly language, how great, how many, how terrible and variable the acts and warres of this yeare shall be: But shall we only suffer, or have the sword onely drawne in our Kingdome? Oh
Germanie, Germanie
, looke to thy selfe and confines, neighbours and friends in
Iuly, August
, or
September
. Be not too confident thou populous
France
, somewhat is neare thee,
&c. Spaine
tremble, yet halfe an age, thou hast many enemies; few are thy friends, ten moneths hence,
Transilvania
will rise and
Hungaria
fight. The
Polonian
may goe neare to spoile his quiet and happinesse,
&c.
But many will wonder I am so extravagant, or why this yeare I speak so much of warre. I find
Mars
is Lord of the yeare,
Ergo ex intemperato Martis ardore, ac rubrabilis cui præst, vehementi commotione in animis hominum excitantur intemperatæ scilicet commotiones, quas incompositæ quoque actiones, violentique inconsiderati sequuntur affectus, unde ira, temeritas
, &c. and all those doubts and feares which so much oppresse us, and terrifie the fancies of people at this time, so that we cannot believe one another, be the matter projected never so reall. The North-west parts and North-East quarters of this kingdome shall infinitely suffer by our combustions this yeare; in those Countries and in the West, there may be many a fight. But if I understand the Scituation of
England
aright, the most eminent and materiall grand action or fight may happen not much above 20.miles from
Coventry
; and yet I confesse there's probability that neare to the City of
Bath
in the West of
England
, there may be a mortall combate and a pitch field fought, greatly to the disadvantage of the looser: there's also many other Towns in the West where, and neare unto which places there will be some hot and memorable service. He that carries the day in the first fight, and prosecutes the victorie wisely in the second fight, he I say may say and sing,
Actum est
; for he may obtaine a Lawrell Garland,
&c.
Monethly Observations.
Let us heedfully observe what followeth after the conjunction of the Sunne and Saturne the 10th of March.
Verified.
Sir
Iohn Meldram
at
Newarke
upon Trent, upon the 21. had his de feate: The 29. the honourable Sir
William Waller
and Sir
William Belfore
, that resolute brave man, beate the
Hoptonians
.
Observe the Conjunction of the Sunne and
Iupiter
the 17. of April, and the actions of the 23,25,26. April.
Her Majestie went from
Oxford
towards
Bristol
or
Exceter
the same day;
Verified.
and that day newes came to
London
of the Parliaments forces their victorie at
Selby
; about the 25. of April: Sir
Iohn Gell
beate
Goring
in
Derbishire
. About the 20. day the
Scottish
Armie and the Lord
Fairfax
that brave Lord met.
Aprill.
If our Armies be neare there will be blowes, or some rascall Irish will land to fight for his Majestie, and the Protestant cause: Some Popish assistance or men, ammunition or mony may come by sea for his Majestie,
&c.
Irish keepe at home, unlesse you can swallow a Cannon or wade over the Sea.
I am informed certainly that divers
Irish
have landed this month, whether any ammunition have come, I have not heard, or whether such a destinie follow the
Irish
; time will manifest.
Verified.
May.
In
May
we have various newes, some good, some bad, report that a great woman is dead: about the middle some overtures, or propositions for peace, or Embassadours,
&c.
Observe who is in danger the latter end of
May
upon the conjunction of
Saturne
and
Mars
31. at what time our Armies will be neare the enemie and they us; let the publike Armie take heed of treacherie, mutinie and false information of some Country peasant: Ladies begin to be fearefull after the square of
Saturne
and
Venus
, the sextill of
Sol
and
Saturne
, some great person goes to looke after his wife.
Whether the Ladyes at Oxford were not frighted upon his Excellencyes approaching to Oxford iudge. The renowned Massy hath been this moneth in many skirmishes: I am perswaded many in Oxford would.
I feare there will be many skirmishes this moneth towards the latter end thereof; let us not be terrified with the first newes, the second may prove better: Oh division and distraction: Some are good for nothing else: Gentlemen and Nobles shift your habitations.
Iune.
Iune
begins with sad newes to some bodie and broken heads: 4th day an opposition of the Moone to
Saturne
and
Mars
, and the quadrature of
Saturne
and
Mercurie
, will prove unluckie, opening the way to much mischiefe, fighting and action; some accomptants or publicke Receivers would faine shuffle and protract time, and it brings newes out from the North not very good; presently after comfortable newes.
Lancashires ill fortune at Bolton makes this good.
A King looseth a friend, presently after another State have a losse; some treacherous men or letters are taken or discovered: Some Ammunition or men comming for
England
may be met with; perhaps feare of a plot: God blesse the
London
Army; more aide comes: the latter part of
Iune
hath action where Armies are neare; Some Army may move Southward, and a generall or principall Commander is either taken prisoner, or in danger, if his horse trot not or be slaine.
Iuly.
The first weeke in
Iuly
may prove bloudie enough, and fatall to some great Officer; some more
Irish
will be jogging for
England
: A great person fals sick,
&c.
What comes from the East, and who moves Eastward. Many flying reports of some skirmishing at sea, and aboundance of lying newes in
London
. Some missives, or thoughts or talke of peace,
Iuly
26. there's a conjunction of
Iupiter
and
Mars
, neare the degree of the 8. house of the figure of the world
It portends much slaughter and bloudshed.
. The
Irish
may curse their comming; some Agent or Embassadours for treatie. Sudden Commotions, mutinies and many brave Gallants slaine as well noble as others: Judges and Lawyers have ill successe: the precedent conjunction fore-tels a battell or fight; God prevent it: if private division hurt not all is well: the Sextill of the
Sunne
and
Iupiter
promiseth assistance from
Ireland
; and it is the tryne of
Iupiter
and
Venus
that moves for some treatie, either by Embassadours or others.
As
strange newes from forraigne parts, and yet it comforts many.
August.
The beginning of
August
is full of frights, fights and amazements, they now may meet that have not a great while;
Saturne
is
Retrograde;
Planeta Retrogradus est, ut vir infirmus, stupefactus, sollicitus
,
Bethem. Aph.
2. A Retrograde planet is like a man infirm, amazed carefull; our English Proverb expresseth the words excellently.
A man as it were frighted out of his wits
: Some bodie growes worse and worse, now some get Townes, Castles and forts, other doe loose whole Countries, 11th day,
Iupiter
enters
Gemini
, and the 12th day the
Sun
and
Iupiter
meet by quadrate; as the one shewes good to the City of
London
in my judgement, so the aspect either captives or kils some Commander,
A galloping nagge is better then no horse at all
. 17. day
Venus
she is Retrograde, this Retrogradation is a thing against nature; some great Ladie mistrusts her health and safety: an opportune time to question money receivers: good newes is welcome: the barbarous
Irish
may smart: Ecclipse of the Sun the 21th day. Some young Commanders must either die or be taken: I wish unitie in the Citie ever. 31.
Aug.
a square of
Mars
and the Sun; the Moone carries the light to
Saturne
: Now motion in the West: A man or a Mouse: more blowes, and Townes surrendred. A fight is likely to be neare some Citie or Towne. God blesse Kings and Princes, Generals of Armies; we may heare some ill newes or messages, who is in danger latter end of
August
or
September
.
September.
September
8th day,
Jupiter
becomes Retrograde, Nobles and Gentle men, some Clergie and Lawyers disperse themselves, and find out new places or habitations, we heare some bodie dies or flies; some manner of sicknesse breakes out (not much of the plague) a kind of unknowne disease, lying in the head, eyes, and stomach or brest, women are still crost and vext: there's opposition of
Saturne
and
Mercurie
14. day: much dammage to the Country Farmer in his cattle, corne and commoditie: the Plunderers rove up and downe: if they be questioned (I mean) the publike and private Receivers, they will be found guiltie; be sure to looke to the old; goe to the root, feare not: falsenesse in Clarkes and Secretaries, some private letters opened: an old knave and a fox is found out. The month shews much stirring and action, fighting enough, if not set field. Where fights are, men loose their lives, some shipwracke or strange gales of wind: opposition of
Sunne
and
Saturne
, some wicked designe against
England
: strange weather, all in extreames: and more losse to the Farmer in the West:
Venus
is direct; and
Mars
enters
Cancer
about 27. day: A good gale of wind, and God blesse us.
October.
The first full Moone in October opens the passage to the last grand opposition of
Sol
and
Saturne
: our misery continues: without Gods mercies our sorrowes increase; our men fight some private dissention: Are the
Welch
mad: I hope no division in
Scotland
or betwixt us: Let us love, we live; disjoint, both are undone. 8. day
Jupiter
he enters
Taurus
by Retrogradation; the
Irish
mutter, and perhaps are frighted: the tryne of
Jupiter
and
Venus
seeme to intend some hopes of accomodation, if not exchange of prisoners: We may feare an
Hericano
about 27. or 28.
Octo.
A new Moone in
Octo.
may endanger some peoples lives at sea, and do mischiefe at land,
Tempus periculosum
: will not the actions of this new Moone be fatall, it should; it's in the degree ascendant of the yeare, 29.
Mars
is running madd and must be Retrograde; theeves and high-way men good store; and men run from one place to another: Do not Plunderkins breake into
Scotland
.
November
I like not
November
, what strange weather here is: and yet we cannot be at rest: here's probability that many great persons shall suffer, but whether death or losse of limmes and goods, God onely knows: Men are called to account; Justice must now be done, and rich or poore must answer at the barre of Justice: Some may loose their heads upon opposition of
Sol
and
Jupiter
: Great Ladies suffer in health:
Mercurie
affords variety of false newes, 23.
Novemb.
or thereabouts. The many aspects of the Planets and they i l, shew some extreame treason, treachery or the like, and some sea towne obtained or surrendred by falsenesse: many blowes where parties are neare, and many men drowned.
December.
God be mercifull unto this moneth: upon the opposition of
Mars
and the
Sunne
; aboundance of ill weather, and some person or other, souldier or great man may breake his thigh, or his right arme: Many
Mercurian
Scribes and money Receivers may be still found out and punished; here's old slashing by fits. ---- The yeare ends not our troubles without Gods great mercie. Will there not be much sea fighting this yeare? Who may run away in
September
or
October
? What man or City is frighted in
December
? --- Neare to the times limited by me will the most memorable accidents of this yeare happen, almost a miraculous accident, greater then hath hapned this many a yeare, will either happen in the end of this or beginning of the next. I have been sparing to write any thing of the West of
England
, the unluckie surrender of
Bristol
having prolonged our troubles: but as it was unfortunately lost, so it may as opportunely be recovered by a more noble hand: Nor doe I meddle with a principall City or Town that will be in danger of firing; or with some others to be sieged, taken and plundered: I pretermit many judgements which might have set out this discourse, I conclude the whole in few words.
A troubled and divided Court:
An afflicted Kingdome.
A City neare a great plague, yet doe I not find out this to be a yeare of much plague in
London
; there are many Cities and Townes may precede us in this misfortune, We hasten and make easie passage.
I leave, for I must not.
France
may find worke at home: an opportunity is expected.
Scotland
must scuffle; matters are not ripe.
Spaine
and the noble
Austrian
Family are sinking, but not totally.
The united Provinces had need of good advice,
&c.
Italy
will have much adoe to make up breaches.
The
Hungarians
and
Transilvanians
will rise in Armes.
Poland
may feare, and expect the
Tartar
.
Russia Wologda
will be engaged.
The
Swede
will have both hands full.
Denmarke
, it seemes may remember
Tychos
prediction.
Ireland
will fall into discontent: and
Wales
will unwillingly be drawne to farther service. Poore
Wales
.
This is all I have thought fit to commit to print, for this yeare, 1644. here's lesse then I could have delivered, more I durst not, the key is easily found by the judicious: it's no more mine but the worlds, to which I commit it.
FINIS.
A DISCOVERIE For Division or Setting out of Land, as to the best Form.
Published by
Samuel Hartlib
Esquire, for Direction and more Advantage and Profit of the Adventurers and Planters in the
FENS
and other Waste and undisposed Places in
England
and
IRELAND
.
Whereunto are added some other Choice Secrets or Experiments of
Husbandry. With a Philosophical Quere concerning
the Cause of Fruitfulness
. AND
An Essay to shew How all Lands may be
improved in a New Way to become the ground of the increase of Trading and Revenue to this Common-wealth.
LONDON
, Printed for
Richard Wodenothe
in
Leaden
-hall-street, 1653.
A DISCOVERY For New
DIVISIONS
, OR, Setting out of
LANDS
, as to the best Forme: Imparted in a Letter to
Samuel Hartlib
, Esquire.
HONOURED SIR,
I Here present you with a plain Discovery of that prudentiall Contrivance for the more advantageous setting out of Lands, which I have formerly acquainted you with, and as you know offered in vain to some of the Company of Drayners of the great Fen, as I had opportunity; That so I may not onely gratifie your Publique-heartednesse and great Zeal for the Common good, and testifie my willingnesse to be doing some good in my generation, as God shall enable me, but that I may in some sort be blamelesse to all Posterity, though those Lands be not well divided or sub-divided, since I have not onely offered my assistance, such as it is in private, but do here (and suppose not altogether too late) freely offer it to the consideration of all men that are, or may be concerned in the same, or the like nature, of what better use Lands divided, or subdivided, according to the Plats here intended to every mans view may be found or esteemed. And lest any mistake should be in the not rightly understanding my meaning, or the nature of the thing, give me leave to trouble the World with a few of my Reasons for, or apprehensions of that Advantage or Conveniency, which may be more had and obtained by following this Example.
I have been called to a more then ordinary use of, and love to all sorts of Husbandry, and particularly to Agriculture, wherein God hath been graciously pleased to recompence my
Zeal
, and indeavour with an increase of knowledge and experience in the wayes of managing Agriculture and Husbandry; in all its parts; and that not onely according to what is commonly known and practised, but by some Additionals, which if well accepted, and rightly pursued would tend exceedingly to the prosperity, honour and plenty of this whole Nation; but of this, as I have formerly acquainted you more largely (for you have thought fit to hint it to the World in your
Reformed Husbandman
) I shall therefore proceed and say, that that dear and even nationall affection which I have to Husbandry, above all other employments among men, may (perhaps) have occasioned my further enquiry into these affairs; and by those observations to which I have given my selfe more then every man, I may have attained to farther in sight then every man hath troubled himself to take, which I freely present to my Native Countrey, at least so much as concerns the matter here in Question; namely,
The setting out of Land, as to the best Forme
.
I have observed that all or most part of the Lands, Lordships, Mannors, Parishes, Farmes, and particular Grounds, or Closes in
England
are not (or rather were not at that time past, when they were first) set out in any good Forme; too much of
England
being left as waste ground in Commons, Mores, Heaths, Fens, Marishes, and the like, which are all Waste Ground; but some more, some lesse; some being made a little better use of then others; but all capable of very great Improvement, as not now yielding (not one of forty of them through
England
) the one fourth part of that profit either to private or publique, which they are respectively capable of.
I have observed in all places in
England
the great inconveniences that come by the Want of Enclosure, both to private and publique, the irregularity of these Lands that are inclosed, the frequent, and (as things now stand in relation to time past, and Land already set out) unremediable intanglements or intermixture of Interest of severall persons in the same Common, in the same Field, in the same Close, nay sometimes in the same Acre. The inconvenient passages made or allowed between divers grounds, and that not onely, when they belong to severall men, but even when one man is owner of divers grounds; and the truth is, either he that is possest of Lands, is a Lord or Tenant; if Lord, he seldome alters that Form he found his Lands in, whether he received them by Inheritance, or purchase; and if but Tenant, he would count it (for the most part) lost labour, although he did indeed understand both the inconvenience and the right remedy: but I fear neither Lord nor Tenant do so, or at least so, as to lay to heart the Crosses or Losses they or their neighbours do too frequently sustain meerly upon this accompt, or are too carelesse or desperate of the remedie.
I have observed the carelessenesse and wickednesse of Servants and bad neighbours both; which a man shall be sure to meet, let him remove as often, and to what place he will.
I have observed the proneness most of Cattel & Poultry to break into forbidden places, but above all others, commonly kept in
England
not to speak of Deer and Goats, or of wilde fowl, or the like) Swine, Coneys, and Pigeons, (and some sorts of Poultry, at some seasons) are most inclined to and frequent actors of mischief, and that so great, that men dare hardly consider it seriously, but let it passe to avoid vexation.
Who is it that lives a Countrey-life, but knowes, or may know, and upon enquiry finde, that one pair of old Pigeons eates of one sort or another of Corn, and grain in the year at least 6 bushels, & that there are almost (if not altogether) as many such pairs of Pidgeons, as there are men, women and children in
England
, and it is plain, they can get none, but either of what you have sowne, or of what you should reap, or of the sheadings in the field, which were better bestowed on your Swine or Poultry, or out of your barne, or rick, or threshing-floor, from whence I suppose you cannot well spare it, or from the manger, standing racks, or dunghill, all which your pigs and hens must want so much. I conclude as to this Creature, that there is no such enemy to the prosperity of
England
, of his bigness so little taken notice of, or that yields so little return; may I dare affirm, that all the beasts & fouls in
England
, (wilde fowl, which we cannot so easily prevent, and Swine, and Coneys, which yet return abundantly more profit excepted) do not equalize the losse and damage suffered by this one sort of small birds; but let this serve by way of digression, for the truth is, the Contrivance here principally intended is for the better casting out of Lordships or Farmes in point of Forme, and doth no other way remedy this, but as it contracts your businesse into a close order, making it as easie to discover, and chase away this enemy in one ground, as in another, which is not commonly to be done in other places.
The next destructive Cattel are Coneys, they will eat down the Corn at the first coming up, sometimes to its destruction, they will eat it down all along till Harvest; and if it yet prosper in part, they will stand on their hinder legs, and crop off the ear just at the bot tome, and leave the straw standing, I have seen severall fields in a considerable part so served, they will destroy young Woods, by eating the bark away round about a foot high, and in good meadow and pasture make a thousand crosse paths, and in all grounds dig holes under the roots of trees, corn, & c. to a very great prejudice; and this evill is something the worse, in that there is no Fence in the common way against them, but the dog or gun, which is not alwayes allowed, yet to do this little beast right, it is not his fault but his Masters, or those that keeps him in no better order, for I do affirm, that few Creatures under heaven, (as they may be managed) turn to greater profit to the Owners, and yet may they be kept (all things considered) cheaper, and (in a manner) free from doing any hurt to his Owners, or their Neighbours; and so become a most pleasant, profitable, harmlesse creature. And thus to manage this Creature is most properly to be done by such, whose Lands are divided, or sub-divided into some such Forme as these Charts expresse, and in such a Farme it is not uneasie to make these Creatures to do some especiall services even in his life-time.
The third most harmfull beast is the Swine, a Creature so ravenous, that children are scarce safe from a lean sow that hath pigs, and for her to eat her own pigs is no very strange thing; and to eat your Turkeys or Goslings a thing often seen. And as Swine are ordered, there is hardly any thing safe from them; how will they break through almost any hedge, not onely eat, but root up & destroy the Corn abundantly, as likewise any grass, trees, plants, or whatever corn is in their way, or they can come at: what and how great and frequent are the losses abroad, and the nasty inconveniencies at home occasioned by this Creature: And herein they differ, and are worse then all other Cattle, that when they are in the corn they are not easily seen, and (if their owners or keepers misse them not) as too many of those that are called poor people, will not onely willingly not misse them, but (I have seen it, and suffered by it) will on set purpose drive them thither by which means they will sometimes get a haunt of a piece of corn, and go into it so cunningly, that a man can scarce finde where, but being a good way in, they will destroy wholly great spots of a rod or two together, and when a man shall discover them, he had almost as good let them alone, for without a dog they will but play bo-peep, and be running from place to place, but trample down and spoil more, and so they will do a good while also, though you have a dog. Seriously, Sir, I suppose, that though the Hog being fat, and dead is excellent meat, and of so large a body, and good price that he may be worth some pounds, yet there is not one Hog of ten, but (besides the corn given him; after put up to fat) hath one way or other lost, spoiled, destroyed, or devoured twice his price. Most of which inconveniences, as well the nastinesse as the dammage is almost totally prevented by the right Use of this Contrivance, which if, I may truely say, that with some additions to the Common, or for the better management of this Cattle, they are of exceeding Use and Profit equall to Cowes, Sheep, or any other, if not much beyond; but indeed all Cattle almost depend so necessarily on one anothers fellowship, that he that keeps one hath good reason to keep all; (but if any alone, Sheep.)
The fourth necessary sort of Creature fit to be about a Farme, is Poultry of all sorts; whether Water-fowl, as Geese, Ducks, & c. or Land-fowl, as Turkeys, Hens, &c. The first sort are of speciall Use, and require more care then charge in the keeping, which care is eased very much by this Contrivance, and those many ill turns, not unusually done by Geese, prevented with an opportunity given to breed or keep many more without charge. The second sort are exceeding profitable, if bred and fed according to a safe and orderly Rule in a place convenient, allowing a large walk, yet preventing the harme they are apt to do. I am assured both by reason and experience, that very great profit above all charge may be had without much trouble by them that keep great store of these sorts safe and well, which I conceive will be much facilitated by this Contrivance.
All other greater Cattel, as Horses and Mares, &c. Buls, Cowes and Oxen, &c. and all sorts of Sheep, as they are apt to run into every Meadow, better pasture, or corn-grounds they can come at: so are they easier seen or prevented; and besides, it troubles a man lesse to make satisfaction to his Neighbour, or to bear his own losse patiently, when he considers, that such Cattel many times (though not alwayes) are the better for what they have eaten, and may shortly one way or other make him some amends, either by their fat, or Fleece, or milk, or labour, or the like, whereas all the Pigeon, the lean Hog, or the Coney gets irregularly is meerly lost.
And the evill Contrivance and Inter-mixture of wayes and Interests in most places of
England
is a speciall reason, which many, even of the more Ingenious sort of men, that would fain yet do not attempt or endeavour those many, great, and visible wayes of better improvements that are in nature, and in view, and that because they have no place secure enough, but may every day one before the other expect, that the carelesnesse or wickednesse of their Neighbours, or their own children, or servants (yea, and by mistake sometimes themselves) may let in all or any sorts of these beasts or fowls, (worst of all Hogs or Coneys, which in the common way have most liberty and opportunity) to destroy all their labours and charges in an instant; therefore say they (not very wisely nor industriously though) it is better sit stil then rise up and fall.
Whereas if
English
men would be resolutely and ingeniously industrious by this, or some other, or better Contrivance, Way, or Means (which I shall gladly subscribe to, when I see it) those dangers may be avoided, and this Nation become in an age or two, as much (almost) beyond what it now is, as it now is beyond
Scotland
for fertility, or
Ireland
for good Husbandry. And we need hardly be beholden to any Nation under heaven for any of their Commodities, except
Spanish
Wines and Spices, or some such things, of which we have no simple necessity.
I have observed, that in most parts of
England
, especially in Champion Countreys, the Pastures lie neer home, and the Woods, Meads, and Corn-land lie at a great distance. And something like it in inclosed grounds also, and that it is common to go through one Close into another, whereas it is plain, that the corne or grasse in the first Close is liable to be eaten and troden down by the Cattle that passe to and again to the Close beyond it. It is also very plain, that all Cattle that are well, lusty, and not of imediate Use, are able to carry themselves to a greater distance, but that Wood, Corn, Hey, or the like, require much time, charge and pains to remove them; I appeal therefore, whether it be not fitter to send such Cattle further off, and have your Corn and Hey, (and Wood too, if need be) neerer home. And for your young, sick or weak, or infected Cattle in this Contrivance, there is provision made for such; as also for your Milch-Cowes at Milking-time, so well, that till I see some better I rest contended with this.
I have observed, that when the foul or home-sted is too neer the dwelling house (as it is in most places) it makes the Inhabitants liable to many inconveniences, and offensive sights and smels, as well within doors, as without: but here I refer my selfe whether that evil is not remedied, and yet the Barns, Stables, &c. neer enough for inspection, which is all the reason for their being neer; for as you have it in this Contrivance, you may at all times with ease view and take accompt of your businesse, and yet be as neat and sweet as in a
Burgemasters
house in
Holland
.
Finally, here your house stands in the middle of all your little world (which you may build as your purse and fancy directs, though I could say soemthing as to that in particular, which I take to be as effectuall if need were) enclosed with the Gardens and Orchards, refreshed with the beauty and odour of the blossomes, fruits and flowers, and the sweet melody of the chirping birds, that again encompast with little Closes, that all young, weak, or sick Cattle may be fostered under your own eye without losse or inconvenience, and all bound together as with a girdle, (and surely never had the old proverb, ungirt, unblest, a fitter or fuller sense or application) and all that covered again, as with a fair large cloak of Meadow and Tillage, to which you may commit the corner pasturage, the Cape if you please, or the Sleeves to the Coat (for a Coat as well as a Cloak will serve to cover either knavery or foolery) of old customes or negligence. Here you have your Bake-house Brew-house, Darie, or the like, your Barns, Stables, and Out-houses in such apt places as may serve indifferently for all your occasions. And no one ground to passe through into another, no probability of being trespassed upon by others, or by your own, but the most perfect tight and ample Use of every foot of ground inclosed entire, by all which (I doubt not) will make good what I have sometimes affirmed; that besides all other waves of Improvement that may be farther added, this alone in meer point of Contrivance is enough to improve the value of your Estate one half part;
viz.
that if it were really worth 100
li.
per annum
before, it will thus become as really worth 150
li.
per annum
, and the charge in casting it into this forme, (especially where no fences are already) little more, in some cases not so much, though I must tell you, you cannot spare in any case more unhappily then here. And besides profit, the ease and pleasure will be better felt then exprest in words.
Very much more might be said in order to this, but it would too farre exceed the bounds of a Letter, and it is also not amisse to see how the World will accept or reject this first: From the hands of him, who subscribes himself ever.
SIR, Your most faithful, thankful Friend, and humble Servant,
Cressey Dymock
.
An Experiment for the multiplying of Corn, practised neer
Paris
in
France
, by some of that new order of Friers, who are there called
Peres de lâ doctrine Chrestienne
.
INto two French pintes of rain-water, they did put a certain quantity of Cow-dung well rotted, and as much Sheeps-dung and pigeons dung. This water they boiled, till but half a pinte was left, then they strained it through a linnen cloth, and in it dissolved 3 small handfuls of common salt, and as much Salt Peter. This brine they set in some vessel upon hot ashes, and in it they steeped their Seed-corn; which being so ordered, and at the usuall seed-time, being put into barren ground. produced unusual increase, I my selfe have seen one hundred and fourteen eares upon one root, which, they told me, came from one single corn so prepared. This way of theirs differs not much from that which I found in an old Manuscript, and cannot dislike. Take, saith he, rain-water that hath stood in some pool or pond till it putrifie. Put into it good store of dung of horses, kine, sheep, goats, pigeons, hens, and any other beast or bird that feeds upon grass or seeds.
An quia herbarum, & seminum Vita media vegetativa in stercoribus illis restiterit exaltanda
? Set this mixture eight dayes in the Sun, (or if you be in haste, boil it over the fire half an hour, stirring it all the while,) afterward strain it, and then make it stronger by putting into it more of the foresaid sorts of dung the second time. This having stood as before, strain out, and put into it some common salt, and a little Ox-gall. Into this liquor put your seed-corn; float or scum off all the light corns that swim; let the rest lie in the li quor 24 houres. Then take out your seed-corn, and spread it thin upon a linnen cloth, and dry it in the shadow. Put this seed into barren ground (for in such it will thrive better then in a rich soil) you shall reap at least an hundred-fold.
Another Secret worthy to be tryed by all such as are lovers of the Advancement of Husbandry.
IN the choice of seed-corn, prefer that wheat which is most weighty, as being more masculine and fitter for generation then the lighter graines. In the production of plants, the earth is considered as a female, whose sterility may be much helped by the extraordinary melioration of the seed; As if you take water, which hath bin made fat with horsdung wel rotted, and afterwards dissolve in it as many pounds of
Salterræ
as you intend to sowe acres. In this water steep the aforesaid weighty seed for 24 hours. So shall you have a better crop then usuall, though you sowe but halfe the usuall quantity of seed, and though your ground be not so often ploughed, nor be at all dunged; nay though it were barren of it selfe. Your harvest will be ripe sooner by a moneth, and by reason of the Salt-peter, this corn will be fitter for store-houses; for there it will lie ten years uncorrupted.
Observations and Animadversions upon the foregoing secrets or experiments: Written by the Author of the large Letter in the
Legacy of Husbandry
.
COncerning the
Experiment
from
Paris
about steeping of Corn, I have told you heretofore that steeping of Barley is used in
Kent
to take a way all soile, (except Drake) and also all light corn, further to accelerate growth, if it be sowne late; and further, if pigeons dung be added, it may be as good as half a dunging; and I think I speak high enough, for that little strength that Corn draweth by this steeping cannot do wonders; and if all that Salt, Niter, Cow-dung, Sheeps, Pigeons dung, of this brine were cast upon the earth, it would not dung a quarter of it, how then can the Extract do so much: I cannot as yet see any great reason for it, unlesse perchance there be some occult vivification of the spirits of the Seed, which as yet I am ignorant
to
, As for an 114 ears of Corn from one, it's nothing: I have had from Oats 140 without any steeping, or such doings; yet I have used some Art, which I may call a Secret; for I am perswaded very few can do it: but I'le tell it you, and I would all the World did know, for it is a trifle:
viz.
when the Corn beginneth to spread, to lay either clods or Tileshards, or any broad thing upon it to cause it to spread, and further, let not any corn grow within a foot and a half of it; and this is the great businesse which every one may try (the lands also ought to be excellently good.) Further, I have had above 2000 grains for one, or of one cut in the midst, and above 100 in one ear without steeping.
As to the second Experiment of Brine, I think of it as of the former; onely I think it convenient to adde, that first they are to blame, who think to medicine the earth as Physicians do the Body, and therefore adde such varieties of Dungs, as Cows, Pigeons, Horse, Sheep &c. as so many
Radices, Folia, Fructus, Semina, &c.
and then adde Salt and Niter as
Physicians
do Ginger and Mace, then a little Salt and Oxe-gall, as they do Musk and Amber-greese; then boil and strain them
Cape colaturam, & dissolve ut prius
. I for my part think that our old Grandame the Earth ought not thus to be nursed, and suppose there is more vanity in these then in the Apothecaries Bills. Secondly, Niter is costly: I fear the Crop will not pay the charges; for that I suppose the Countrey-man will consider, though our projecting Husbandman do not. Thirdly, that it's a vanity to overcharge any liquor with too great a quantity of materials. For we know that the power of every thing is finite, and if you put Salt into water, such a proportion it will dissolve, if you put above that proportion, it sinketh to the bottome, and there lies undissolved. Fourthly, that the cause of Fruitfulnesse is not onely the
vita media
in dung; for when it is totally corrupted, and the
vita media
gone, it is very fruitfull: further, Chalke, Marle, Nitre, which are exceeding fruitfull, have no
vita media
. But concerning Fruitfulnesse I have sent you a short Discourse which is onely to shew you the difficulty of the Question, and to stir up some other to attempt it.
As for the Conclusion of the processe (or Experiment)
viz.
you shall
reaplan
100 fold: let me but dig Land, if it be not extreamly barren, I'le wager to have the same increase without all these slibber slops.
As to the last Processe which I like best, having the greatest probabilities; I answer, that to get this
Sal Terræ
to supply every mans occasion, is more then I know how to obtain, and the trouble great; and I suppose he that hath that Salt needeth not horse-dung; for rain-water I suppose will do better: and further, I desire to know how he would extract it, and how it differeth from Niter: This processe pleaseth me, and I suppose the graines will be excellent and long lasting.
A great Question concerning Fruitfulnesse. Offered to all ingenious Searchers of Nature.
It is a main deficiencie in Husbandry, that though we by experience finde that all the foresaid materials, and divers others, as oft-tilling, Husbandry, seasons, &c. change of seed and Land, resting of Lands, fencing &c. do cause Fertility: yet we are very ignorant of the true causes of Fertility, and know not what Chalk, Ashes, Dung, Marle, Water, Air, Earth Sun, &c. do contribute: whether something Essential, or Accidental; Material or Immaterial; Corporal or Spiritual; Principal or Instrumental; Visible or Invisible: whether Saline, Sulphureous or Mercurial; or Watry, Earthy, Fiery, Aereal: or whether all things are nourished by Vapours, Fumes, Atoms, Effluvia? or by Salt, as Urine, Embrionate or
non-specificate
? or by Ferments, Odours Acidities? or from a
Chaos
, or inconfused, indigested, and unspecificated lump? or from a Spermatick, dampish vapour which ascendeth from the Centre of the Earth? or from the Influence of Heaven? or from Water onely impregnated, corrupted or fermented? or whether the Earth, by reason of the Divine Benediction hath an Infinite, multiplicative Vertue, as Fire, and the Seeds of all things have? or whether the multiplicity of Opinions of learned
Philosophers
(as
Aristotle, Rupesc. Sendivog, Norton, Helmont, Des Cartes, Digby, White, Plat. Glaubre
) concerning this Subject sheweth the great difficulty of this Question, which they at leasure may peruse. I for my part dare not venture on this vast Ocean in my small bark, lest I be swallowed up; yet if an opportunity presents, shall venture to give some hints, that some more able Pen may engage in this difficult Question which strikes at the Root of Nature, and may unlock some of her choicest treasures. The Lord
Bacon
hath gathered stubble (as he ingenuously and truly affirms) for the bricks of this foundation; but as yet I have not seen so much as a solid foundation plainly laid by any, on which an ingenious Man might venture to raise a noble Fabrick: I acknowledge the burthen too heavy for my shoulders.
FINIS.
Num.
16. PHILOSOPHICAL
TRANSACTIONS.
Munday, August
6. 1666.
The Contents.
An Essay of Dr.
John Wallis,
exhibiting his
Hypothesis
about the
Flux and Reflux of the Sea,
taken from the Consideration of the
Common Center of Gravity of the Earth and Moon;
together with an
Appendix
of the same, containing an
Answer
to some
Objections,
made by severall Persons against that
Hypothesis.
Some Animadversions of the same
Author
upon Master
Hobs's
late Book,
De Principiis & Ratiocinatione Geometrarum
.
An Essay Of Dr.
John Wallis,
exhibiting his
Hypothesis
about the
Flux and Reflux of the Sea.
HOw abstruse a subject in Philosophy, the
Flux and Reflux of the Sea
hath proved hitherto, and how much the same hath in all Ages perplexed the Minds even of the best of
Naturalists
, when they have attempted to render an Account of the Cause thereof, is needless here to represent. It may perhaps be to more purpose, to take notice, that all the deficiencies, found in the
Theories
or
Hypotheses
, formerly invented for that End, have not been able to deterre the Ingenious of
this
Age from making farther search into that Matter: Among whom that Eminent Mathematician Dr.
John Wallis
, following his happy
Genius
for advancing reall Philosophy, hath made it a part of his later Inquiries and Studies, to contrive and deduce a certain Hypothesis concerning that
Phænomenon
, taken from the Consideration of the
Common Center of Gravity of the Earth and Moon
, This being by several Learned Men lookt upon, as a very rational Notion, it was thought fit to offer it by the Press to the Publick, that other Intelligent Persons also might the more conveniently and at their leisure examine the
Conjecture
(the Author, such is his Modesty, presenting it no otherwise) and thereupon give in their sense, and what Difficulties may occur to them about it, that so it may be either confirm'd or laid aside accordingly; As the
Proposer
himself expresly desires in the Discourse, we now, without any more
Preamble
, are going to subjoyn, as it was by him addressed, by way of Letter, from
Oxford
to Mr.
Boyle April
25. 1666. and afterwards communicated to the
R. Society
, as follows:
YOu were earnest with me, when you last went from hence, that I would put in writing somewhat of that, which at divers times, these three or four years last past, I have been discoursing with your self and others concerning the
Common Center of Gravity of the Earth and Moon
, in order to salving the
Phænomena
as well of the
Seas Ebbing and Flowing
; as of some perplexities in
Astronomical Observations
of the
Places
of the Celestial Bodies.
How much the World, and the great Bodies therein, are manag'd according to the
Laws of Motion
, and
Statick Principles
, and with how much more of clearness and satisfaction, many of the more abstruse
Phænomena
have been salved on such Principles, within this last Century of years, than formerly they had been; I need not discourse to you, who are well versed in it. For, since that
Galilæo
, and (after him)
Torricellio
, and others, have applied
Mechanick
Principles to the salving of
Philosophical
Difficulties;
Natural Philosophy
is well known to have been rendered more intelligible, and to have made a much greater progress in less than an hundred years, than before for many ages.
The
Seas Ebbing and Flowing
, hath so great a connexion with the
Moons
motion, that in a manner all Philosophers (whatever other Causes they have joyned with it) have attributed much of its cause to the
Moon
; which either by some
occult quality
, or
particular influence
, which it hath on moyst Bodies, or by some
Magnetick vertue
, drawing the water towards it, (which should therefore make the Water there
highest
, where the Moon is
vertical
) or by its gravity and pressure downwards upon the Terraqueous Globe (which should make it
lowest
, where the Moon is
vertical
) or by whatever other means (according to the several Conjectures of inquisitive persons,) hath so great an influence on, or at least a connexion with, the Sea's Flux and Reflux, that it would seem very unreasonable, to seclude the consideration of the Moons motion from that of the Sea: The
Periods of Tides
(to say nothing of the greatness of them near the New-moon and Full-moon) so constantly waiting on the Moon's motion, that it may be well presumed, that either the one is governed by the other, or at least both from some common cause.
But the first that I know of, who took in the consideration of the
Earth's
motion, (
Diurnal
and
Annual
) was
Galilæo
; who in his
Systeme of the World
, hath a particular discourse on this subject: Which, from the first time that I ever read it, seemed to me so very rational, that I could never be of other opinion, but that the true Account of this great
Phænomenon
was to be referred to the Earths motion, as the
Principal
cause of it: Yet that of the Moon (for the reasons above mentioned) not to be excluded, as to the determining the
Periods of Tides
, and other circumstances concerning them. And though it be manifest enough, that
Galilæo
, as to some particulars, was mistaken in the account which there he gives of it; yet that may be very well allowed, without any blemish to so deserving a person, or prejudice to the
main Hypothesis
: For that Discourse is to be looked upon onely as an
Essay
of the
general Hypothesis
; which as to
particulars
was to be afterwards adjusted, from a good
General History of Tides
; which it's manifest enough that he had not; and which is in a great measure yet wanting. For were the matter of Fact well agreed on, it is not likely, that several Hypotheses should so far differ, as that one should make the Water
then
and
there
at the Highest,
where
and
when
the other makes it at the Lowest; as when the Moon is Vertical to the place.
And what I say of
Galilæo
, I must in like manner desire to be understood of what I am now ready to say to you. For I do not profess to be so well skilled in the History of Tides, as that I will undertake presently to accommodate my
general Hypothesis
to the
particular cases
; or that I will indeed undertake for the certainty of it, but onely as an
Essay
propose it to further consideration; to stand or fall, as it shall be found to answer matter of Fact. And truly had not your importunity (which is to me a great Command) required me to do it, I should not so easily have drawn up any thing about it, till I had first satisfied my selfe, how well the Hypothesis would answer Observation: Having for divers years neglected to do it, waiting a time when I might be at leisure throughly to prosecute this design.
But there be two reasons, by which you have prevailed with me, at least to do something.
First
, because it is the common Fate of the
English
, that out of a modesty, they forbear to publish their Discoveries, till prosecuted to some good degree of certainty and perfection; yet are not so wary, but that they discourse of them freely enough to one another, and even to Strangers upon occasion; whereby others, who are more hasty and venturous, comming to hear of the notion, presently publish something of it, and would be reputed thereupon, to be the first Inventers thereof: though even that little, which they can then say of it, be perhaps much less, and more imperfect, than what the true Authors could have published long before, and what they had really made known (publikely enough, though not in print) to many others. As is well known amongst us as to the business of the
Lymphatick Vessels
in
Anatomy
: the
Injection of Liquors into the veines of Living animals
; the
Exhibiting of a straight line equal to a crooked
; the
Spot in Jupiter
, whence his motion about his own Axis may be demonstrated; and many other the like considerable Inventions.
The
other
Reason (which, with me, is more really of weight, though even the former be not contemptible) is, because, as I have been already for at least three or four years last past diverted from prosecuting the inquiry or perfecting the Hypothesis, as I had thoughts to do; so I do not know, but like Emergencies may divert me longer; and whether I shall ever so do it, as to bring it to perfection, I cannot determine. And therefore, if as to my self any thing should
humanitus accidere
; yet possibly the notion may prove worth the preserving to be prosecuted by others, if I do it not. And therefore I shall, at least to your self, give some general account of my present imperfect and undigested thoughts.
I consider therefore, that in the Tides, or the Flux and Reflux of the Sea, besides extraordinary Extravagancies, or Irregularities, whence great Inundations or strangly high Tides do follow, (which yet perhaps may prove not to be so meerly accidental as they have been thought to be, but might from the regular Laws of Motion, if well considered, be both well accounted for, and even foretold;) There are these
three
notorious Observations made of the Reciprocation of Tides.
First
, the
Diurnal
Reciprocation; whereby twice in somewhat more than 24 hours, we have a Floud and an Ebbe; or a High-water and Low-water.
Secondly
, the
Menstrual
; whereby in one
Synodical
period of the Moon, suppose from Full-moon to Fullmoon, the Time of those Diurnal Vicissitudes doth move round through the whole compass of the
Nychthēmeron
, or Natural day of twenty four hours: As for instance, if at the Full-moon the full Sea be at such or such a place just at Noon, it shall be the next day (at the same place) somewhat before One of the clock; the day following, between One and Two; and so onward, till at the New-moon it shall be at midnight; (the other Tide, which in the Full-moon was at midnight, now at the New-moon coming to be at noon;) And so forward till at the next Fullmoon, the Full-sea shall (at the same place) come to be at Noon again: Again, That of the Spring-tides and Neaptides (as they are called;) about the Full-moon and Newmoon the Tides are at the Highest, at the Quadratures the Tides are at the Lowest: And at the times intermediate, proportionably.
Thirdly
, the
Annual
; whereby it is observed, that at sometimes of the year, the Spring-tides are yet much higher than the Spring-tides at other times of the year: Which Times are usually taken to be at the Spring and Autumne; or the two Æquinoxes; but I have reason to believe (as well from my own Observations, for many years, as of others who have been much concerned to heed it, whereof more will be said by and by;) that we should rather assign the beginnings of
February
and
November
, than the two
Æquinoxes
.
Now in order to the giving account of these three Periods, according to the
Laws of Motion
and
Mechanick Principles
; We shall
first
take for granted, what is nowadayes pretty commonly entertained by those, who treat of such matters;
That a Body in motion is apt to continue its motion, and that in the same degree of celerity, unless hindred by some contrary Impediment
; (like as a Body at rest, to continue so, unless by some sufficient mover, put into motion:) And accordingly (which daily experience testifies) if on a Board or Table, some loose incumbent weight, be for some time moved, & have thereby contracted an
Impetus
to motion at such a rate; if that Board or Table chance by some external obstacle, or otherwise, to be stopped or considerably retarded in its motion, the incumbent loose Body will shoot forward upon it: And contrarywise, in case that Board or Table chance to be accelerated or put forward with a considerably greater speed than before, the loose incumbent Body, (not having yet obtained an equal
Impetus
with it) will be left behind, or seem to fly backward upon it. Or, (which is
Galilæo's
instance,) if a broad Vessel of Water, for some time evenly carried forward with the water in it, chance to meet with a stop, or to slack its motion, the Water will dash forward and rise higher at the fore part of the Vessel: And, contrarywise, if the Vessel be suddenly put forward faster than before; the Water will dash backwards, and rise at the hinder part of the Vessel. So that an Acceleration or Retardation of the Vessel, which carries it, will cause a rising of the Water in one part, and a falling in another: (which yet, by its own weight, will again be reduced to a Level as it was before) And consequently, supposing the Sea to be but as a loose Body, carried about with the Earth, but not so united to it, as necessarily to receive the same degree of
Impetus
with it, as its fixed parts do; The acceleration or retardation in the motion of this or that part of the Earth, will cause (more or less, according to the proportion of it) such a dashing of the Water, or rising at one part, with a Falling at another, as is that, which we call the Flux and Reflux of the Sea.
Now this premised, We are
next
, with him, to suppose the Earth carried about with a double motion; The one
Annual
, as (
Fig.
1.) in BEC the great Orb, in which the Center of the Earth B, is supposed to move about the Sun A.
The other
Diurnal
, whereby the whole moves upon its own
Axis
, and each point in its surface describes a Circle, as DEFG.
It is then manifest, that if we suppose, that the Earth moved but by any one of these motions, and that regularly, (with an equal swiftness;) the Water, having once attained an equal
Impetus
thereunto, would still hold equal pace with it; there being no occasion, from the Quickening or Slackening of the Earths motion, (in that part where the Water lyeth) for the Water thereon either to be cast Forward or fall Backward, and thereby to accumulate on the other parts of the Water: But the true motion of each part of the Earths surface being compounded of those two motions, the
Annual
and
Diurnal
; (the
Annual
in BEC being, as
Galilæo
there supposeth, about three times as fast as a
diurnal
motion in a great Circle, as DEF;) while a Point in the Earths surface moves about its Center
B
. from G. to D. and E. and at the same time, its Center B. be carried forwards to C; the true motion of that Point forwards, is made up of both those motions; to wit, of B to C, and of G to E; but while G moves by D to E, E moves backward by F to G, contrary to the motion of B to C; so that the true motion of E, is but the difference of BC, and EG: (for, beside the motion of B, the Center G is also put forward as much as from G to E; and E put backward as much as from E to G:) so that the
Diurnal
motion, in that part of the Earth, which is next the Sun, as EFG, doth abate the progress of the
Annual
, (and most of all at F;) and in the other part, which is from the Sun, as GDE, it doth increase it, (and most of all at D.) that is, in the day time there is abated, in the night time is added to in the
Annual
motion, about as much as is GE, the Earths
Diameter
. Which would afford us a Cause of two Tides in twenty four hours; the One upon the greatest Acceleration of motion, the Other upon its greatest Retardation.
And thus far
Galilæo's
Discourse holds well enough; But then in this it comes short; that as it gives an Account of two Tides; so those two Tides are alwayes to be at F and D; that is, at
Noon
and
Midnight
; whereas Experience tells us, that the Time of Tides, moves in a
moneths space
through all the 24. hours. Of which he gives us no account. For though he do take notice of a Menstrual Period; yet he doth it onely as to the
Quantity
of the Tides; greater or less; not as to the
Time
of the
Tides
, sooner or later.
To help this, there is one (
Vid.
Vid. Riccioli Almagest. novum
, Tom. 1. lib. 4. cap. 10. n. 111. pag. 216.2.
Jo. Baptista Balianus
) who makes the
Earth
to be but a
secondary
Planet; and to move, not directly about the Sun, but about the Moon, the Moon meanwhile moving about the Sun; in like manner as we suppose the Earth to move about the Sun, and the Moon about it.
But this, though it might furnish us with the foundation of a
Menstrual
Period of Accelerations and Retardations in the compound motion of several parts of the Earths surface; yet I am not at all inclined to admit this as a
true Hypothesis
, for divers Reasons, which if not demonstrative, are yet so consonant to the general Systeme of the World, as that we have no good ground to disbelieve them. For 1. The Earth being undeniably the greater Body of the two (whereof there is no doubt to be made it cannot be thought probable, that this should be carried about by the Moon, lesser than it self: The contrary being seen, not onely in the
Sun
, which is bigger than any of the Planets, which it carryes about; but in
Jupiter
, bigger than any of his
Satellites
; and
Saturne
, bigger than his. 2. As the
Sun
by it's motion about it's own Axis, is with good reason judged to be the
Physical
cause of the
Primary
Planets moving about it; So there is the like reason to believe, that
Jupiter
and
Saturne
moving about their Axes, are the Physical cause of their
Satellites
moving about them, which motion of
Jupiter
hath been of late discover'd, by the help of a
fixed
Spot discern'd in him; and we have reason to believe the like of
Saturne
. Whether
Venus
and
Mercury
(about whom no
Satellites
have been yet observed) be likewise so moved; we have not yet the like ground to determine: But we have of
Mars
; from the Observations of Mr.
Hook
made in
February
and
March
last, and by him communicated to the
Royal Society
, and since Printed in the
Transactions
, published
Apr.
2. 1666. consonant to the like observations of
Jupiter
, made by him in
May
. 1664, and since communicated to the same
Society
; and then published in the
Transactions
, of
March
. 6. then next following. Now that the Earth hath such a motion about its own Axis (whereby it might be fitted to carry about the Moon) is evident by its
Diurnal
motion. And it seems as evident that the Moon hath not; because of the same side of the Moon alwaies turned towards us; which could not be, if the Moon carried the Earth about: Unlesse we should say, that it carries about the Earth in just the same Period, in which it turnes upon its own Axis: Which is contrary to that of the Sun carrying about the Planets: the shortest of whose Periods, is yet longer than that of the Suns moving about its own Axis. And the like of
Jupiter
, shorter than the Period of any of his
Satellites
; if at least the Period of his conversion about his Axis, lately said to be observed, prove true. (Of
Saturn
we have not yet any Period assigned; but it's likely to be shorter, than that of his
Satelles
.) And therefore we have reason to believe, not that by the Moons motion about its Axis the Earth should be carried by a contemporary Period (whereby the same face of the Moon should be ever towards us;) but that by the Earths revolution about its Axis in 24. hours, the Moon should be carried about it in about 29. dayes, without any motion on its own Axis: And accordingly, that the
Secondary
Planets about
Jupiter
and
Saturn
, are not (like their
Principals
) turned about their own Axis. And therefore I am not at all inclined to believe, that the
Menstrual
Period of the Tides with us, is to be salved by such an Hypothesis.
In stead of this, that
Surmise
of mine, (for I dare not yet, with confidence give it any better name,) of what I have spoken to you heretofore, (and which hath occasioned this present account which I am now giving you,) is to this purpose.
The Earth and Moon being known to be Bodies of so great connexion (whether by any Magnetick, or what other Tye, I will not determine; nor need I, as to this purpose;) as that the motion of the one follows that of the other; (The Moon observing the Earth as the Center of its
periodick
motion:) may well enough be looked upon as
one Body
, or rather
one Aggregate of Bodies
, which have
one common center of Gravity
; which Center (according to the known Laws of
Staticks
) is in a streight Line connecting their respective Centers, so divided as that its parts be in reciprocal proportion to the Gravities of the two Bodies. As for Example; Suppose the Magnitude (and therefore, probably, the Gravity) of the Moon to be about an
One and fourtieth part
of that of the Earth; (and thereabouts
Hevelius
in his
Selenography
page 203. doth out of
Tycho
, estimate the proportion; and an exact certainty is not necessary to our present businesse.) And the distance of the Moons Center from the Center of the Earth, to be about
fifty six semidiameters
of the Earth, (as thereabouts he doth there estimate it, in its middle distance; and we need not be now very accurate in determining the numbers; wherein Astronomers are not yet very well agreed.) The distance of the Common Center of Gravity of the two Bodies, will be from that of the Earth, about a two and fourtieth part of fifty six Semidiameters; that is, about 56/42 or 4/3 of a Semidiameter; that is about 1/3 of a Semidiameter of the Earth, above its surface, in the Air, directly between the Earth and Moon.
Now supposing the Earth and Moon, joyntly as one Body, carried about by the Sun in the great Orb of the
Annual
motion; this motion is to be estimated, (according to the Laws of
Staticks
, in other cases,) by the motion of the common Center of Gravity of both Bodies. For we use in
Staticks
, to estimate a Body, or Aggregate of Bodies, to be moved upwards, downwards, or otherwise, so much as its Common Center of Gravity is so moved, howsoever the parts may change places amongst themselves.
And accordingly, the Line of the
Annual
motion, (whether
Circular
or
Elliptical
; of which I am not here to dispute,) will be described, not by the Center of the Earth (as we commonly estimate it, making the Earth a Primary and the Moon a Secondary Planet,) nor by the Center of the Moon, (as they would do, who make the Moon the Primary and the Earth a Secondary Planet, against which we were before disputing:) But by the
Common Center of Gravity of the Bodies, Earth and Moon
, as one Aggregate.
Now supposing ABCDE to be a part of the great Orb of the
Annual
motion, described by the Common Center of Gravity, in so long time as from a
Full-Moon
at A to the next
New-Moon
at E;
See Fig. 2. and 3.
(which, though an Arch of a
Circle
or
Ellipse
, whose Center we suppose at a due distance below it; yet being but about 1/25 of the whole, may well enough be here represented by a streight Line:) the Center of the Earth at T, and that of the Moon at L, must each of them (supposing their common Center of Gravity to keep the Line AE) be supposed to describe a
Periphery
about that Common Center, as the Moon describes her Line of
Menstrual
motion. (Of which I have (in the
Scheme
) onely drawn that of the
Earth
; as being sufficient to our present purpose; parallel to which, if need be, we may suppose one described by the Moon; whose distance is also to be supposed much greater from T than in the
figure
is expressed, or was necessary to expresse.) And in like manner EFGHI, from that
New-moon
at E, to the next
Full-moon
at I.
From A to E (from Full-moon to New-moon,) T moves (in its own
Epicycle
) upwards from the Sun: And from E to I, (from New-moon to Full-moon) it moves downwards, toward the Sun. Again, from C to G, (from last quarter to the following first quarter,) it moves
forwards according
to the
Annual
motion; But from G forward to C, (from the first Quarter to the ensuing last Quarter,) it moves
contrary
to the
Annual
motion.
It is manifest therefore, according to this Hypothesis, that from Last quarter to First quarter (from C to G, while T is above the Line of the
Annual
motion) its
Menstrual
motion in its Epicycle
adds
somewhat of Acceleration to the
Annual
motion; and most of all at E, the New-moon: And from the first to the last quarter (from G forward to C, while T is below the Line of the
Annual
motion,) it
abates
of the
Annual
motion; and most of all at I, or A the Full-moon.
So that in pursuance of
Galilæo's
Notion, the
Menstrual
add ing to or detracting from the
Annual
motion, should either leave behinde, or cast forward, the loose waters incumbent on the Earth, (and thereby cause a Tide, or accumulation of Waters;) and most of all at the Full-moon and New-moon, where those Accelerations or Retardations are greatest.
Now this
Menstrual
motion, if nothing else were superadded to the
Annual
, would give us two Tides in a moneth, and no more; (the one upon the Acceleration, the other on the Retardation;) at New-moon and Full-moon; and two Ebbs, at the two Quarters; and in the Intervals, Rising and Falling water.
But the
Diurnal
motion superadded, doth the same to this
Menstrual
, which
Galilæo
supposeth is to do to that
Annual
; that is, doth
Add
to, or
Substract
from, the
Menstrual
Acceleration or Retardation; and so gives us Tide upon Tide.
For in whatsoever part of its Epicycle, we suppose T to be;
See Fig. 4.
yet because, while by its
Menstrual
motion the Center moves in the Circle LTN; each point in its surface, by its diurnal motion moves in the Circle LMN: whatever effect (accelerative or tardative) the
Menstrual
would give, that effect by the
Diurnal
is increased in the parts LMN (or rather lMn. the Semicircle) and most of all at M: but diminished in the parts NOL (or rather nOl) and most of all at O. So that at M, and O, (that is when the Moon is in the
Meridian
below or above the
Horizon
,) we are to have the Diurnal Tide or High-water, occasioned by the greatest Acceleration or Retardation, which the
Diurnal
Arch gives to that of the
Menstrual
: which seems to be the true cause of the
Daily Tides
. And withall gives an account, not onely why it should be
every
day, but likewise, why at
such a time
of the day; and why this time should in a moneth run through the whole 24 hours;
viz.
because the Moons coming to the
Meridian
above and below the
Horizon
, (or as the Seamen call it, the
Moons Southing
, and
Northing
,) doth so: As likewise of the
Spring tides
and
Neaptides
. For, when it so happens, that the
Menstrual
and
Diurnal
Accelerations or Retardations, be coincident, (as at New moons and Full-moons they are) the effect must needs be the greater. And although (which is not to be dissembled) this happen but to one of the two Tides; that is, the Night-tide at the Newmoon (when both motions do most of all Accelerate,) and the Day-tide at Full-moon (when both do most Retard the
Annual
motion;) Yet, this tide being thus raised by two concurrent causes; though the next Tide have not the same cause also, the
Impetus
contracted will have influence upon the next Tide; Upon a like reason, as a
Pendulum
let fall from a higher Arch, will (though there be no new cause to occasion it) make the Vibration on the other side (beyond the Perpendicular) to be also greater: Or, of water in a broad Vessel, if it be so jogged, as to be cast forward to a good height above its Levell, will upon its recoyling, by its own gravity, (without any additional cause) mount so much the higher on the hinder part.
But here also we are to take notice, that though all parts of the Earth by its
Diurnal
motion do turn about its Axis, and describe
parallel
Circles; yet not
equal
Circles; but
greater
neer the
Æquinoctial
, and
lesser
near the
Poles
, which may be a cause why the Tides in some parts may be much greater than in others. But this belongs to the
particular
considerations, (of which we are not now giving an Account:) not to the
general
Hypothesis.
Having thus endeavoured to give an account of the
Diurnal
and
Menstrual
Periods of Tides; It remains that I endeavour the like as to the
Annual
. Of which there is, at least, thus much agreed; That, at some times of the year, the Tides are noted to be much higher, than at other times.
But here I have a double task;
First
, to rectify the Observation; and
then
, to give an account of it.
As to the
First
; It having been observed (grosly) that those high Tides have used to happen about the
Spring
and
Autumn
; it hath been generally taken for granted (without any more nice observation) that the
two Æquinoxes
are the proper times, to which these
Annual high Tides
are to be referred; And such causes sought for, as might best sute with such a Supposition.
But it is now, the best part of twenty years, since I have had frequent occasions to converse with some Inhabitants of
Rumney-marsh
in
Kent
; where the Sea being kept out with great Earthen walls, that it do not at high water overflow the Levell; and the Inhabitants livelyhood depending most on grazing, or feeding Sheep; they are (as you may believe they have reason to be) very vigilant and observant, at what times they are most in danger of having their Lands drowned. And I find them generally agreed, by their constant Observations, (and Experience dearly bought) that their times of danger are about the beginning of
February
and of
November
: that is, at those Spring Tides which happen near those times; to which they give the names of
Candlemass-stream
and
Allhallond-stream
: And if they scape those Spring-tides, they apprehend themselves out of Danger for the rest of the year. And as for
March
and
September
(the two
Æquinoxes
) they are as little solicitous of them, as of any other part of the year.
This, I confess, I much wondred at, when I first heard it; and suspected it to be but a mistake of him, that first told me, though he were indeed a person not likely so to be mistaken, in a thing wherein he was so much concerned: But I soon found, that it was not onely his, but a general observation of others too; both there, and elsewhere along the Sea coast. And though they did not pretend to know any reason of it, (nor so much as to enquire after it;) Yet none made doubt of it; but would rather laugh at any that should talk of
March
and
September
, as being the dangerous times. And since that time, I have my self very frequently observed (both at
London
and elsewhere, as I have had occasion) that in those months of
February
and
November
, (especially
November
) the Tides have run much higher, than at other times: Though I confess, I have not been so diligent to set down those Observations, as I should have done. Yet this I do particularly very well remember, that in
November
1660. (the same year that his Majesty returned) having occasion to go by Coach from the
Strand
to
Westminster
, I found the Water so high in the middle of
King-street
, that it came up, not onely to the Boots, but into the Body of the Coach; and the
Pallace-yard
(all save a little place near the
West-End
) overflow'd; as likewise the Market-place; and many other places; and their Cellars generally filled up with Water. And in
November
last, 1665. it may yet be very well remembred, what very high Tides there were, not onely on the Coasts of
England
, (where much hurt was done by it) but much more in
Holland
, where by reason of those Inundations, many Villages and Towns were overflow'd. And though I cannot so particularly name other years, yet I can very safely say, that I very often observed Tides strangely high about those times of the year.
This Observation did for divers years cause me much to wonder, not only because it is so contrary to the received opinion of the two
Æquinoxes
; but because I could not think of any thing signal at those times of the year: as being neither the two
Æquinoxes
, nor the two
Solstices
, nor the Sun's
Apogæum
and
Perigæum
; (or Earths
Aphelium
and
Perihelium
;) nor indeed, at contrary times of the year, which at least, would seem to be expected. From
Alhollandtide
to
Candlemass
being but three months; and from thence to
Alhollandtide
again nine months.
At length it came into my mind, about four years since, that though there do not about these times happen any
single
signal Accident, which might cast it on these times, yet there is a
compound of two
that may do it: Which is the
Inequality
of the
Natural day
(I mean that of 24. hours, from noon to noon) arising at least from a double cause; either of which singly would cast it upon other times, but both joyntly on those.
It's commonly thought, how unequal soever the length be of the
Artificial
dayes as contradistinguished to nights, yet that the
Natural
Day, reckoning from noon to noon, are all
equal
: But
Astronomers
know well, that even these dayes are
unequal
.
For, this
Natural
Day is measured
not onely
by one intire conversion of the
Æquinoctial
, or 24.
Æquinoctial
hours, (which is indeed taken to be performed in equal times,)
but
increases by so much, as answers to that part of the
Sun's
(or
Earths
,) Annual motion as is performed in that time. For, when that part of the
Æquinoctial
, which (with the
Sun
) was at the
Meridian
yesterday at noon, is come thither again to day, it is not yet
Noon
(because the Sun is not now at the palce where yesterday he was, but is gone forward about one degree, more or less) but we must stay till that place, where the
Sun
now is, comes to the
Meridian
before it be now
Noon
.
Now this Additament (above the 24
Æquinoctial
hours, or intire conversion of the
Æquinoctial
) is upon a double account une qual.
First
, because the Sun, by reason of its
Apogæum
and
Perigæum
, doth not at all times of the year dispatch in one day an equal Arch of the
Ecliptick
; but greater Arches neer the
Perigæum
, which is about the middle of
December
; and lesser neer the
Apogæum
, which is about the middle of
June
: As will appear sufficiently by the
Tables
of the Sun's Annual motion.
Secondly
, though the Sun should in the
Ecliptick
move alwaies at the same rate; yet equal Arches of the
Ecliptick
do not in all parts of the
Zodiack
answer to equal Arches of the
Æquinoctial
, by which we are to estimate time: Because some parts of it, as about the two
Solsticial
Points, lie nearer to a
parallel
position to the
Æquinoctial
, than others, as those about the two
Æquinoctial
points, where the
Ecliptick
and
Æquinoctial
do intersect; whereupon an Arch of the
Ecliptick
, neer the
Solsticial
points answers to a greater Arch of the
&
aelig;quinoctial, than an Arch equal thereunto neer the
Æquinoctial
points: As doth sufficiently appear by the
Tables
of the Suns
right Ascension
.
According to the
first
of these causes, we should have the longest
natural
daies in
December
, and the shortest in
June
, which if it did operate alone, would give us at those times two
Annual
High-waters.
According to the
second
cause, if operating singly, we should have the longest daies at the two Solstices in
June
and
December
, and the two shortest at the
Æquinoxes
in
March
and
September
; which would at those times give occasion to four
Annual
High-waters.
But the true
Inequality
of the Natural Days, arising from a
Complication of those two causes
, sometimes crossing and sometimes promoting each other: though we should find some increases or decreases of the
Natural
daies at all those seasons answerable to the respective causes (and perhaps of Tides proportionably thereunto:) yet the longest and shortest
natural daies
absolutely of the whole year (arising from this complication of Causes) are about those times of
Allhallontide
and
Candlemas
; (or not far from them) about which those
Annual
High-tides are found to be: As will appear by the
Tables of Æquation
of
Natural
daies. And therefore I think, we may with very good reason cast this
Annual
Period upon that cause, or rather com plication of causes. For (as we before showed in the
Menstrual
and
Diurnal
) there will, by this inequality of Natural daies, arise a
Physical
Acceleration and Retardation of the Earths
Mean
motion, and accordingly a casting of the Waters backward or forward; either of which, will cause an Accumulation or Highwater.
'Tis true, that these longest and shortest daies, do (according to the
Tables
, some at least) fall rather before, than after
Alhallontide
and
Candlemas
(to wit the ends of
October
and
January
;) but so do also (sometimes) those high Tydes: And it is not yet so well agreed amongst
Astronomers
, what are all the Causes (and in what degrees) of the Inequality of Natural daies; but that there be diversities among them, about the true time: And whether the introducing of this New Motion of the Earth in its
Epicycle
about this Common Center of
Gravity
, ought not therein also to be accounted for, I will not now determine: Having already said enough, if not too much, for the explaining of this general Hypothesis, leaving the particularities of it to be adjusted according to the true measures of the motions; if the General Hypothesis be found fit to be admitted.
Yet this I must add, (that I be not mistaken) that whereas I cast the time of the daily Tydes to be at all places, when the Moon is there in the
Meridian
; it must be understood of
open
Seas, where the water hath such free scope for its motions, as if the whole Globe of Earth were equally covered with water: Well knowing, that in
Bayes
and
In-land-Channels
, the position of the Banks and other like causes must needs make the times to be much different from what we suppose in the open Seas: And likewise, that even in the Open Seas,
Islands
, and
Currents, Gulfs
and
Shallows
, may have some influence, though not comparable to that of
Bays
and
Channels
. And moreover, though I think, that Seamen do commonly reckon the time of Highwater in the
Open
Seas, to be then, when the Moon is there in the
Meridian
(as this Hypothesis would cast it:) Yet I do not take my self to be so well furnished with a
History of Tides
, as to assure my self of it; much less to accommodate it to particular places and cases.
Having thus dispatched the main of what I had to say con cerning the Seas Ebbing and Flowing: Had I not been already too tedious, I should now proceed to give a further reason, why I do introduce this consideration of the
Common Center of Gravity
in reference to
Astronomical Accounts
. For indeed, that which may possibly seem at first to be an Objection
against
it, is with me one reason
for
it.
It may be thought perhaps, that if the Earth should thus describe an
Epicycle
about the Common Center of Gravity, it would (by this its change of place) disturbe the
Cælestial
motions; and make the
apparent
places of the Planets, especially some of them, different from what they would otherwise be. For though so small a removal of the Earth, as the
Epicycle
would cause (especially if its
Semidiameter
should not be above 1 1/3 of the Earths Semidiameter) would scarce be sensible (if at all) to the remoter Planets; yet as to the nearer it might.
Now though what
Galilæo
answers to a like Objection in his
Hypothesis
; (that its possible there may be some small difference, which
Astronomers
have not yet been so accurate, as to observe) might here perhaps serve the turn; Yet my answer is much otherwise; to wit, that such difference hath been observed, and hath very much puzzeled
Astronomers
to give an account of. About which you will find Mr,
Horrocks
(in some of his Letters, whereof I did formerly, upon the Command of the
Royal Society
, make an
Extract
) was very much perplexed; and was fain, for want of other relief, to have recourse to somewhat like
Keplers
amicable
Fibres
, which did according to the several positions of the Moon, accelerate or retard the Moon's motion; which
amicable Fibres
he had no affection to at all (as there appears) if he could any other waies give account of those little inequalities; and would much rather (I doubt not) have embraced this Notion of the Common Center of Gravity, to salve the
Phænomenon
, had it come to his mind, or been suggested to him. And you find, that other
Astronomers
have been seen to bring in (some upon one supposition, some upon another) some kind of
Menstrual Æquation
, to solve the inequalities of the Moon's motion, according to her
Synodical
Revolution, or different Aspects (of New-moon, Full Moon, &c.) beside what concerns her own
Periodical
motion.
For which, this consideration of the
Common Center of Gravity of the Earth and Moon
, is so proper a remedy (especially if it shall be found precisely to answer those
Phænomena
, which I have not Examined, but am very apt to believe) that it is so far from being, with me, an Objection against it, that it is one of the reasons, which make me inclinable to introduce it.
I must before I leave this, add one Consideration more, That if we shall upon these Considerations think it reasonable, thus to consider the
Common Center of Gravity of the Earth and Moon
; it may as well be thought reasonable, that the like Consideration should be had of
Jupiter
and his four
Satellites
, which according to the Complication of their several motions, will somewhat change the position of
Jupiter
, as to that
Common center of Gravity
of all these Bodies; which yet, because of their smallness, may chance to be so little, as that, at this distance, the change of this apparent place may not be discernable. And what is said of
Jupiter
, is in the like manner to be understood of
Saturne
and his
Satelles
, discovered by
Hugenius
: For all these
Satellites
are to their
Principals
, as so many Moons to the Earth. And I do very well remember, in the Letters forecited, Mr.
Horrocks
expresseth some such little inequalities in
Saturnes
motion, of which he could not imagine what account to give, as if (to use his Expression) this crabbed
Old Saturn
had despised his
Youth
. Which, for ought I know, might well enough have been accounted for, if at that time the
Satelles
of
Saturn
had been discovered, and that Mr.
Horrocks
had thought of such a motion as the
Common Center of Gravity
of
Saturn
and his
Companion
, to be considerable, as to the guiding of his motion.
You have now, in obedience to your Commands, an Account of my thoughts, as to this matter, though yet immature and unpolished: What use you will please to make of them, I shall leave to your prudence, &c.
An
APPENDIX
, written by way of Letter to the
Publisher
; Being an Answer to some Objections, made by several Persons, to the precedent Discourse.
I Received yours; and am very well contended, that
objections
be made against my
Hypothesis
concerning
Tydes
: being proposed but as a conjecture to be examined; and, upon that Examination, rectified, if there be occasion; or rejected, if it will not hold water.
1. To the first objection of those you mention;
That it appears not how two Bodies, that have no tye, can have one common Center of Gravity
: that is (for so I understand the intendment of the objection) can act or be acted in the same manner, as if they were connected: I shall onely answer, that it is harder to shew
How
they have, than
That
they have it. That the Loadstone and Iron have somewhat equivalent to a Tye; though we see it not, yet by the effects we know. And it would be easy to shew, that two Load-stones, at once applyed, in different positions, to the same Needle, at some convenient distance; will draw it, not to point directly to either of them, but to some point between both; which point is, as to those two, the
common Center of Attraction
; and it is the same, as if some
one
Loadstone were in that point. Yet have these two Load stones no connexion or tye, though a
Common Center of Virtue
according to which they joyntly act. And as to the present case,
How
the Earth and Moon are connected; I will not now undertake to shew (nor is it necessary to my purpose;) but, That there is somewhat, that doth connect them, (as much as what connects the Load-stone, and the Iron, which it draws,) is past doubt to those, who allow them to be carryed about by the Sun, as one Aggregate or Body, whose parts keep a respective position to one another: Like as
Jupiter
with his
four Satellites
, and
Saturn
with his
one
. Some Tye there is, that makes those
Satellites
attend their
Lords
, and move in a Body; though we do not
See
that Tye, nor
Hear
the Words of Command. And so here.
2. To the second objection;
That, at Chatham and in the Thames, the Annual Spring-tydes, happen about the Æquinoxes; not (as this Hypothesis doth suppose elswhere to have been observed) about the begining of February and November
. If their meaning be, that Annual High Tydes, do then happen, and then onely: If this prove true, it will ease me of half my work. For it is then easily answered, that it depends upon the
Obliquity of the Zodiack
; the parts of the Æquinoctial answering to equal parts of the
Zodiack
, being neer the Solstitial points greatest, and near the Æquinoctial points least of all. But beside this
Annual Vicissitude of the Æquinoxes
, not to say, of the 4. Cardinal Points (which my Hypothesis doth allow and assert;) I believe it will be found, that there is
another Annual vicissitude
answering to the Suns
Apogæum
and
Perigæum
. And that the greatest Tydes of all, will be found to be upon a result of these two causes Cooperating: which (as doth the Inequality of Natural dayes, depending on these same causes) will light nearer the times, I mention. To what is said to be observed at
Chatham
and in the
Thames
, contrary to that I allege as observed in
Rumney marsh
: I must at present
apechein
, and refer to a
melius inquirendum
. If those who object this contrary observation, shall, after this notice, find, upon new Observations heedfully taken, that the
Spring-tydes
in
February
and
November
, are not so high, as those in
March
and
September
; I shall then think the objection very considerable. But I do very well remember, that I have seen in
November
, very high Tydes at
London
, as well as in
Rumney Marsh
. And, the time is not yet so far past, but that it may be remembered (by your self or others then in
London
) whether in
November
last when the Tydes were so high at
Dover
, at
Deal
, at
Margate
, and all along the Coast from thence to
Rumney Marsh
, as to do in some of those places much hurt, (and, in
Holland
, much more;) whether, I say, there were not also at the same time, at
London
, (upon the
Thames
) very high Tydes. But a good
Diary
of the Height and time both of High-water, and Low-water, for a year or two together, even at
Chatham
, or
Greenwich
; but rather at some place in the
open
Sea, or at the
Lands end
in
Cornwal
, or on the
West parts of Ireland
; or at St.
Hellens
, or the
Bermodas
, &c. would do more to the resolving of this point, than any verbal discourse without it.
3. To the third Objection,
That supposing the Earth and Moon to move about a Common center of gravity; if that the highest Tydes be at the New-moon, when the moon being nearest to the Sun, the Earth is farthest from it, and its compound motion at the swiftest; and that the Tydes abate as the Earth approacheth nearer, till it comes into the supposed Circle of her Annual motion: It may be demanded; why do they not still abate as the Earth comes yet nearer to the Sun and the swiftnesse of its compound motion still slackens? And so, why have we not Spring tides at the New Moon (when the motion is swiftest) and Neap-tides at Full Moon (when the motion is slowest) but Spring tides at both
? The answer (if observed) is already given in my
Hypothesis
it self. Because the effect is indifferently to follow, either upon a suddain Acceleration, or a suddain Retardation. (Like as a loose thing, lying on a moving body; if the body be thrust suddainly forward, that loose thing is cast back, or rather left behind, not having yet obtained an equal
impetus
with that of the body, on which it lyes; but if stopped, or notably retarded, that loose incumbent is thrown forward, by its formerly contracted
impetus
not yet qualified or accomodated to the slowness of the Body, on which it lyes.) Now both of these happening, the one at the New Moon, the other at the Full Moon, do cause high Tides at both.
4. To the fourth Objection,
That the highest Tydes are not at all places, about the New Moon and Full Moon; and particularly, that, in some places of the East Indies, the Highest Tydes are at the Quadratures
: I must first answer in
general
; That as to the particular varieties of Tydes in several parts of the World, I cannot pretend to give a satisfactory account, for want of a competent History of Tydes,
&c.
Because (as is intimated in what I wrote in the
general
) the various positions of Chanels, Bays, Promontories, Gulfs, Shallows, Currents, Trade-winds,
&c.
must needs make an innumberable variety of Accidents in particular places, of which no satisfactory account is to be given from the general
Hypothesis
(though never so true) without a due consideration of all those. Which is a task too great for me to undertake, being so ill furnished with materials for it. And then as to the particular instance of some places in the
East Indies
, where the highest Tydes are at the
Quadratures
: I suppose, it may be chiefly intended of those about
Cambaia
, and
Pegu
. At which places, beside that they are situate at the inmost parts of Vast Bayes, or Gulfs (as they are called) they have also vast In-draughts of some hundred Miles within Land; which when the Tydes are out, do lye (in a manner) quite dry: And may therefore very well be supposed to participate the effect of the Menstrual Tydes many dayes after the cause of them happens in the open Sea, upon a like ground as in Straights and narrow Channels the Diurnall Tydes happen some hours later than in the Ocean. And a like account must be given of particular accidents in other places, from the particular situation of those places , as
Bays, Chanels, Currents
, &c.
5. To the 5. Objection,
That the Spring-Tydes happen not, with us, just at the Full and Change, but two or three daies after
. I should with the more confidence attempt an Answer, were I certain, whether it be so in the
Open
Seas, or onely in our Channels. For the Answers will not be the same in both cases. If onely in our Channels, where the Tydes find a large in-draught; but not in the Open Seas: we must seek the reason of it from the particular position of these places. But if it be so generally in the wide Open Seas: We must then seek a reason of it from the general Hypothesis. And, till I know the matter of Fact, I know not well, which to offer at; lest whilst I attempt to salve one, I should fall foul of the other. I know that Marriners use to speak of Spring-Tydes at the New and Full of the Moon; though I have still had a suspition that it might be some daies after, as well in the open Seas, as in our narrower Channels; (and therefore I have chosen to say, in my Papers,
About
the New and Full, rather than
At
the New and Full; and even when I do say
At
, I intend it in that laxer sense in which I suppose the Marriners are to be understood, for
Neer
that time:) Of which suspition you will find some intimations even in my first Papers: But this though I can admit; yet, because I was not sure of it, I durst not build upon it. The truth is, the Flux and Reflux of water in a vessel, by reason of the jogging of it; though it follow thereupon; yet is, for the most part, discernable some time after. For there must, upon that jog, be some time for Motion, before the Accumulation can have made a Tyde. And so I do not know but that we must allow it in all the Periods. For as the
menstrual
High Tyde, is not (at least with us) till some Daies after the Full and Change; so is the
Diurnal
High water, about as many Hours after the Moons comming to South; (I mean, At Sea: for in Chanels it varies to all Hours, according as they are neerer or further from the open Sea:) And the
Annual
High-Tydes of
November
and
February
; somewhat later than (what I conjecture to be from the same causes) the greatest Inequalities of the natural Days, happening in
January
and
October
. But this though I can admit, yet (till I am sure of the matter of Fact) I do not build upon. And since it hath hitherto been the custome to speak with that laxness of expression; assigning the times of New-moon, Full-moon, and Quadratures, with the Moons comming to South, for, what is neer those times: I did not think my self obliged in my conjectural Hypothesis (while it is yet but a
Candidate
) to speak more nicely. If the Hypothesis for the maine of it be found Rational; the Niceties of it are to be adjusted, in time, from particular Observation.
Having thus given you some Answers to the Objections you signifie to have been made by several persons to my Hypothesis, and that in the same order your Paper presents them to me: I shall next give you some account of the two
Books
, which you advised me to consult; so far as seems necessary to this business: Which, upon your intimation, I have since perused, though before I had not.
And first, as to that of
Isaac Vossius,
De motu Marium & Ventorum
; Though I do not concur with him in his Hypothesis; That all the
Great motions of the Seas
, &c. should arise onely from
so small a warming of the water
as to raise it (where most of all)
not a Foot
in perpendicular, (as in his 12
th
Chapter;) Or that there is no other connexion between the Moons motion, and the Tydes
menstrual
period, than a
casual Synchronism
(which seems to be the doctrine of his 16
th
and 18
th
Chapters;) Beside many other things in his Philosophy, which I cannot allow: Yet I am well enough pleased with what is Historical in it, of the matter of Fact: Especially if I may be secure, that he is therein accurate and candid, not wresting the
Phænomena
to his own purpose. But I find nothing in it, which doth induce me to vary from my Hypothesis. For, granting his Historicals to be all true; the account of the constant Current of the Sea Westward, and of the constant Eastern Blasts, &c. within the
Tropicks
, is much more plausibly, and (I suppose) truly rendered by
Galilæo
long since, from the Earths
Diurnal
motion: (which, neare the
Æquator
. describing a greater Circle, than nearer the
Poles
, makes the Current to be there more conspicuous and swift, and, consequently, the Eddy, or recurrent motion, nearer the Poles, where this is, more remiss:) than can easily be rendered by so small a Tumor, as he supposeth. Not to adde; that his account of the Progressive motion, which he fansieth to follow upon his Tumefaction, and by Acceleration to grow to so great a height near the Shoar (as in Chap. 13. and 14.) is a Notion, which seems to me too extravagant to be salved by any laws of
Staticks
. And that of the Moons motion onely Synchronizing with the Tydes, casually, without any
Physical
connexion; I can very hardly assent to. For it can hardly be imagined, that any such constant
Synchronisme
should be in Nature; but where, either the one is the cause of the other, or both depend upon some
Common
cause. And where we see so fair a foundation for a
Physical
connection. I am not prone to ascribe it to an Independent Synchronism. In sum; His History doth well enough agree with my Hypothesis; and I think, the Phænomena are much better salved by mine, than his.
And then as to
Gassendus
, in his discourse
De æstu Maris
; I find him, after the relating of many other Opinions concerning the Cause of it, inclining to that of
Galilæo
, ascribing it to the Acceleration & Retardation of the Earths motion, compounded of the Annual and Diurnal; And moreover attempting to give an account of the
Menstrual Periods
from the Earths carrying the Moon about it self, as
Jupiter
doth his
Satellites
; which together with them is carryed about by the
Sun
, as one Aggregate; (and that the Earth with its Moon is to be supposed in like manner to be carried about by the Sun, as one Aggregate, cannot be reasonably doubted, by those who entertain the
Copernican Hypothesis
, and do allow the same of
Jupiter
and his
Satellites
.) But though he would thus have the Earth and Moon looked upon as two parts of the same moved Aggregate, yet he doth still suppose (as
Galilæo
had done before him) that the line of the Mean Motion of this Aggregate (or, as he calls,
motus æquabilis et veluti medius
) is described by the
Center
of the
Earth
(about which Center he supposeth both its own revolution to be made, and an Epicycle described by the Moons motion;) not by another Point, distinct from the Centers of both, about which, as the common Center of Gravity, as well that of the Earth, as that of the Moon, are to describe several Epicycles. And, for that Reason fails of giving any clear account of this
Menstrual
Period. (And in like manner, he proposeth the Consideration as well of the Earths
Aphelium
and
Perihelium
, as of the
Æquinoctial
and
Solsticial
Points, in order to the finding a Reason of the
Annual
Vicissitudes; but doth not fix upon any thing, in which himself can Acquiesce: And therefore leaves it
in medio
as he found it.)
It had been more agreeable to the Laws of
Staticks
, if he had, (as I do,) so considered the
Earth
and
Moon
as two parts of the same movable, (not so, as he doth,
aliam in Centro et sequentem præcise revolutionem axis, aliam remotius ac velut in circumferentia
, but,) so, as to make neither of them the Center, but both out of it, describing Epicycles about it: Like as, when a long stick thrown into the Air, whose one end is heavyer than the other, is whirled about, so as that the End, which did first fly foremost, becomes hindmost; the proper line of motion of this whole Body is not that, which is described by either End, but that, which is described by a middle point between them; about which point each end, in whirling, described an Epicycle. And indeed, in the present case, it is not the Epicycle described by the Moon, but that, described by the Earth, which gives the
Menstrual
Vicissitudes of motion to the Water; which would, as to this, be the same, if the Earth so move, whether there were any Moon to move or not; nor would the Moons Motion, supposing the Earth to hold on its own course, any whit concern the motion of the Water.
But now, (after all our Physical, or Statical Considerations) the clearest Evidence for this Hypothesis (if it can be had) will be from Celestial Observations. As for instance; (see
Fig.
5.) Supposing the Sun at S; the Earths place in its Annual Orb at T; and
Mars
(in opposition to the Sun, or near it) at M: From whence
Mars
should appear in the Zodiack at gamma, and will at Full moon be seen there to be; the Moon being at C and the Earth at c: (and the like at the New-moon.) But if the Moon be in the First quarter at A, and the Earth at a;
Mars
will be seen, not at gamma, but at alpha; too slow: And when the Moon is at B, and the Earth at b,
Mars
will be seen at
beta
; yet too slow: till at the Full moon, the Moon at C, the Earth at c,
Mars
will be seen at gamma, its true place, as if the Earth were at T. But then, after the Full, the Moon at D, the Earth at d;
Mars
will be seen, not at gamma, but at delta; too forward: and yet more, when the Moon (at the last Quarter) is at E, the Earth at e, and
Mars
seen at
eta
. If therefore
Mars
(when in opposition to the Sun) be found (all other allowances being made) somewhat too backward before the Full moon, and somewhat too forward after the Full-moon, (and most of all, at the Quadratures:) it will be the best confirmation of the Hypothesis. (The like may be fitted to
Mars
in other positions,
mutatis mutandis
; and so for the other Planets.)
But this proof, is of like nature as that of the Parallaxis of the Earths Annual Orb to prove the Copernican Hypothesis. If it can be observed, it proves the Affirmative; but if it cannot be observed, it doth not convince the Negative, but only proves that the Semidiameter of the Earths Epicycle is so small as not to make any discernable Parallax. And indeed, I doubt, that will be the issue. For the Semidiameter of this Epicylce, being little more than the Semidiameter of the Earth it self, or about 1 1/3 thereof (as is conjectured, in the
Hypothesis
, from the Magnitudes and Distances of the Earth and Moon compared;) and there having not as yet been observed any discernable
Parallax
of
Mars
, even in his neerest position to the Earth; it is very suspicious, that here it may prove so too. And whether any of the other Planets will be more favourable in this point, I cannot say.
ANIMADVERSIONS of Dr.
Wallis
, upon Mr.
Hobs's
late Book,
De Principiis & Ratiocinatione Geometrarum
.
These were communicated by way of Letter, written in
Oxford
, July 24. 1666. to an Acquaintance of the
Author
, as follows:
SInce I saw you last, I have read over Mr.
Hobs's
Book
Contra Geometras
(or
De Principiis & Ratiocinatione Geometrarum
) which you then shewed me. A
New
Book of
Old
matter: Containing but a
Repetition
of what he had before told us, more than once; and which hath been Answered long agoe.
In which, though there be Faults enough to offer ample mat ter for a large Confutation: yet I am scarce inclined to believe, that any will bestow so much pains upon it. For, if that be true, which (in his
Preface
) he saith of himself,
Aut solus insanio Ego, aut solus non insanio
: it would either be
Needless
, or
to no Purpose
. For, by his own confession,
All others
, if they be not mad themselves, ought to think
Him
so: And therefore, as to
Them
, a Confutation would be
needless
; who, its like, are well enough satisfied already: at least out of danger of being seduced. And, as to himself, it would be
to no purpose
. For, if
He
be the Mad man, it is not to be hoped that he will be convinced by Reason: Or, if
All We
be so; we are in no capacity to attempt it.
But there is yet another Reason, why I think it not to need a Confutation. Because what is in it, hath been sufficiently confuted already; (and, so Effectually; as that he professeth himself not to Hope, that
This Age
is like to give sentence for him; what ever
Nondum imbuta Posteritas
may do.) Nor doth there appear any Reason, why he should again Repeat it, unless he can hope, That, what was at first False, may by oft Repeating become True.
I shall therefore, instead of a large Answer, onely give you a brief Account,
what is in it
; &,
where it hath been already Answered
.
The chief of what he hath to say, in his first 10 Chapters, against
Euclids
Definitions, amounts but to this, That he thinks,
Euclide
ought to have allowed his
Point
some
Bigness
; his
Line
, some
Breadth
; and his
Surface
, some
Thickness
.
But where in his
Dialogues
, pag. 151, 152. he solemnly undertakes to Demonstrate it; (for it is there, his 41th
Proposition
:) his Demonstration amounts to no more but this; That,
unless a Line be allowed some Latitude; it is not possible that his Quadratures can be True
. For finding himself reduced to these inconveniences; 1. That his
Geometrical Constructions
, would not consist with
Arithmetical calculations
, nor with what
Archimedes
and others have long since demonstrated: 2. That the
Arch
of a Circle must be allowed to be sometimes
Shorter
than its
Chord
, and sometimes
longer
than its
Tangent
: 3. That the same Straight Line must be allowed, at one place onely to
Touch
, and at another place to
Cut
the same Circle: (with others of like nature;) He findes it necessary, that these things may not seem Absurd, to allow his
Lines
some
Breadth
, (that so, as he speaks,
While a Straight Line with its Out-side doth at one place Touch the Circle, it may with its In-side at another place Cut it
, &c.) But I should sooner take this to be a
Confutation of His Quadratures
, than a
Demonstration of the Breadth of a
(Mathematical)
Line
. Of which, see my
Hobbius
Heauton-timorumenus
, from
pag.
114. to
p.
119.
And what he now Adds, being to this purpose; That though
Euclid's
Sēmeion
, which we translate,
a Point
, be not indeed
Nomen Quanti
; yet cannot this be actually represented by any thing, but what will have some Magnitude; nor can
a Painter
, no not
Apelles
himself, draw a
Line
so small, but that it will have some Breadth; nor can
Thread
be spun so Fine, but that it will have some Bigness; (
pag.
2, 3, 19, 21.) is nothing to the Business; For
Euclide
doth not speak either of such
Points
, or of such
Lines
.
He should rather have considered of his own Expedient,
pag.
11. That, when one of his (
broad
) Lines, passing through one of his (
great
) Points, is supposed to cut another Line proposed, into two equal parts; we are to understand, the
Middle of the breadth
of that Line, passing through the
middle
of that Point, to distinguish the Line given into two equal parts. And he should then have considered further, that
Euclide
, by a
Line
, means no more than what Mr.
Hobs
would call
the middle of the breadth
of his; and
Euclide's Point
, is but the
Middle
of Mr.
Hobs's
. And then, for the same reason, that Mr.
Hobs's Middle
must be said to have no
Magnitude
; (For else, not the
whole Middle
, but the
Middle of the Middle
, will be
in the Middle
: And, the
Whole
will not be equal to its
Two Halves
; but Bigger than
Both
, by so much as the
Middle
comes to:)
Euclide's Lines
must as well be said to have no Breadth; and his
Points
no Bigness.
In like manner, When
Euclide
and others do make the
Terme
or
End
of a Line, a
Point
: If this
Point
have
Parts
or
Greatness
, then not the
Point
, but the
Outer-Half
of this Point ends the Line, (for, that the
Inner-Half
of that Point is not at the End, is manifest, because the
Outer-Half
is beyond it:) And again, if that
Outer Half
have
Parts
also; not this, but the
Outer
part of it, and again the
Outer part
of that
Outer part
, (and so in
infinitum
.) So that, as long as
Any thing of Line
remains, we are not yet at the
End
: And consequently, if we must have passed the
whole Length
, before we be at the
End
; then that
End
(or
Punctum terminans
) has
nothing of Length
; (for, when the
whole Length
is past, there is nothing of it left. And if Mr.
Hobs
tells us (as
pag.
3.) that this
End
is not
Punctum
, but only
Signum
(which he does allow
non esse nomen Quanti
) even
this
will serve our turn well enough.
Euclid's
Sēmeion
, which some Interpreters render by
Signum
, other have thought fit (with
Tully
) to call
Punctum
: But if Mr.
Hobs
like not that same, we will not contend about it. Let it be
Punctum
, or let it be
Signum
(or, if he please, he may call it
Vexillum
.) But then he is to remember, that this is only a Controversie in
Grammar
, not in
Mathematicks
: And his Book should have been intituled
Contra Grammaticos
, not,
Contra Geometras
. Nor is it
Euclide
, but
Cicero
, that is concern'd, in rendring the Greek
Sēmeion
, by the Latine
Punctum
, not by Mr.
Hobs's
Signum
. The Mathematician is equally content with either word.
What he saith here,
Chap.
8. & 19. (and in his fifth
Dial. p.
105.
&c.
) concerning the
Angle of Contact
; amounts but to thus much, That, by the
Angle of Contact
, he doth not mean either what
Euclide
calls an
Angle
, or any thing of that kind; (and therefore says nothing to the purpose of what was in controversie between
Clavius
and
Peletarius
, when he says, that
An Angle of Contact hath some magnitude
:) But, that by the
Angle of Contact
, he understands the
Crookedness of the Arch
; and in saying,
the Angle of Contact hath some magnitude
, his meaning is, that the
Arch of a Circle hath some crookedness
, or, is a
crooked line
: and that, of equal Arches, That is the more crooked, whose chord is shortest: which I think none will deny; (for who ever doubted, but that
a circular Arch is crooked
? or, that, of such Arches, equal in length,
That is the more crooked, whose ends by bowing are brought nearest together
?) But, why the
Crookedness of an Arch
, should be called
an Angle of Contact
; I know no other reason, but, because Mr.
Hobs
loves to call that
Chalk
, which others call
Cheese
. Of this see my
Hobbius
Heauton-timorumenus
, from
pag.
88. to
p.
100.
What he saith here of
Rations
or
Proportions
, and their
Calculus
; for 8. Chapters together, (
Chap.
11.
&c.
,) is but the same for substance, what he had formerly said in his 4th. Dialogue, and elsewhere. To which you may see a full Answer, in my
Hobbius
Heauton-tim.
from
pag.
49. to
p.
88. which I need not here repeat.
Onely (as a
Specimen
of Mr.
Hobs's
Candour, in Falsifications) you may by the way observe, how he deals with a Demonstration of Mr.
Rook's
, in confutation of Mr.
Hobs's
Duplication of the Cube: Which when he had repeated,
pag.
43. He doth then (that it might seem absurd) change those words,
æquales quatuor cubis
DV; (
pag.
43.
line
33.) into these (
p.
44.
l.
5.)
æqualia quatuor Lineis, nempe quadruplus Rectæ
DV: And would thence perswade you, that Mr.
Rook
had assigned a
Solide
, equal to a
Line
. But Mr.
Rook's
Demonstration was clear enough for Mr.
Hobs's
Comment. Nor do I know any Mathematician (unless you take
Mr. Hobs
to be one) who thinks that
a Line multiplyed by a Number will make a Square
; (what ever
Mr. Hobs
is pleased to teach us.) But, That
a Number multiplyed by a Number, may make a Square Number
; and, That
a Line drawn into a Line may make a square Figure, Mr. Hobs
(if he were, what he would be thought to be) might have known before now. Or, (if he had not before known it) he might have learned, (by what I shew him upon a like occasion, in my
Hob. Heaut. pag.
142. 143. 144.)
How
to understand that Language, without an Absurdity.
Just in the same manner he doth, in the next page, deal with
Clavius
. For having given us his words, pag. 45. l. 3. 4.
Dico hanc Lineam Perpendicularem extra circulum cadere
(because neither
intra Circulum
, nor
in Peripheria
;) He doth, when he would shew an errour, first make one, by falsifying his words,
line
15. where instead of
Lineam Perpendicularem
, he substitutes
Punctum
A.
As if
Euclide
or
Clavius
had denyed the
Point A.
(the utmost point of the
Radius
,) to be in the Circumference: Or, as if Mr.
Hobs
, by proving the
Point A
, to be in the Circumference, had thereby proved, that the
Perpendicular Tangent A E
had also lyen in the Circumference of the Circle. But this is a Trade, which Mr.
Hobs
doth drive so often, as if he were as well faulty in his
Morals
, as in his
Mathematicks
.
The
Quadrature of a Circle
, which here he gives us,
Chap.
20. 21. 23. is one of those
Twelve
of his, which in my
Hobbius
Heauton-timorumenus
(from
pag.
104 to
pag.
119) are already confuted: And is the
Ninth
in order (as I there rank them) which is particularly considered,
pag.
106. 107. 108. I call it
One
, because he takes it so to be; though it might as well be called
Two
. For, as there, so here, it consisteth of
Two branches
, which are Both False; and each overthrow the other. For if the
Arch of a Quadrant
be equal to the
Aggregate of the Semidiameter and of the Tangent of
30.
Degrees
, (as he would
Here
have it, in
Chap.
20. and
There
, in the close of
Prop.
27;) Then is it not equal to
that Line, whose Square is equal to Ten squares of the Semiradius
, (as,
There
, he would have it, in
Prop.
28. and,
Here
, in
Chap.
23.) And if it be equal to
This
, then not to
That
. For
This
, and
That
, are not equal: As I then demonstrated; and need not now repeat it.
The grand Fault of his Demonstration (
Chap.
20.) wherewith he would now New-vamp his old False quadrature; lyes in those words
Page
49.
line
30, 31.
Quod Impossibile est nisi
ba
transeat per
c.
which is no impossibility at all. For though he first bid us
draw the Line Rc
, and afterwards the
Line Rd
; Yet, Because he hath no where proved (nor is it true) that
these two are the same Line
; (that is, that the point
d
lyes in the
Line Rc
, or that
Rc
passeth through
d
:) His proving that
Rd cuts off from
ab
a Line equal to the line of Bc
, doth not prove, that
ab
passeth through
c
: For this it may well do, though
ab
lye
under
c. (
vid.
in case
d
lye beyond the line
Rc
, that is, further from
A
:) or though it lye
above c
, (
vid.
in case
d
be nearer, than
Rc
, to the point
A
.) And therefore, unless he first prove (which he cannot do) that
Ad
(a sixth part of
AD
) doth just reach to the line
Rc
and no further; he onely proves that a sixth part of
ab
is
equal
to the Line of
Bc
. But, whether it lye
above it
, or
below it
, or (as Mr.
Hobs
would have it) just
upon it
; this argument doth not conclude. (And therefore
Hugenius's
assertion, which Mr.
Hobs, Chap.
21. would have give way to this Demonstration, doth, notwithstanding this, remain safe enough.
His demonstration of
Chap
23. (where he would prove, that
the aggregate of the Radius and of the Tangent of
30.
Degrees
is equal to
a Line, whose square is equal to 10 Squares of the Semiradius
;) is confuted not only by me, (in the place forecited; where this is proved to be impossible;) but by himself also, in this same Chap.
pag.
59 (where he proves sufficiently and doth confesse, that this demonstration, and the 47.
Prop.
of the first of
Euclide
, cannot be both true.) But, (which is worst of all;) whether
Euclid's
Proposition be False or True, his demonstration must needs be False. For he is in this Dilemma: If that Proposition be
True
, his demonstration is
False
, for he grants that they cannot be both True,
page
59
line
21. 22. And again, if that Proposition be False, his Demonstration is so too; for
This
depends upon
That, page 55. line
22 and therefore must fall with it.
But the Fault is obvious in
His Demonstration
(not in
Euclid's Proposition
:) The grand Fault of it (though there are more) lyes in those words,
page
56.
line
26.
Erit ergo M O minus quam M R.
Where, instead of
minus
, he should have said
majus
. And when he hath mended that Error; he will find, that the
major
in
page
56
line penult
, will very well agree with
majorem
in
page
57.
line
1 (where the
Printer
hath already mended the Fault to his hand) and then the
Falsum ergo
will vanish.
His Section of an Angle
in ratione data
; Chap
22 hath no other foundation, than his supposed
Quadrature
of
Chap.
20. And therefore, that being false; this must fall with it. It is just the same with that of his 6. Dialogue.
Prop.
46. which (besides that it wants a foundation) how absurd it is, I have already shewed; in my
Hobbius
Heauton timor.
page
119. 120.
His
Appendix
, wherein he undertakes to shew a Method of finding
any number of mean Proportionals, between two Lines given
: Depends upon the supposed Truth of his 22. Chapter; about
Dividing an Arch in any proportion given
: (As himself professeth: and as is evident by the Construction; which supposeth such a Section.) And therefore, that failing, this falls with it.
And yet this is otherwise faulty, though
that
should be supposed True. For, In the first Demonstration;
page
67.
line
12.
Producta Lf incidet in I
; is not proved; nor doth it follow from his
Quoniam igitur
.
In the second Demonstration;
page
68.
line
34. 35.
Recta Lf incidit in x
; is not proved; nor doth it follow from his
Quare
.
In his third Demonstration;
page
71:
line
7.
Producta
YP
transibit per
M
; is said
gratis
; nor is any proof offered for it. And so this whole structure falls to the ground. And withall, the
Prop.
47.
El.
1 doth still stand fast (which he tells us,
page
59, 61, 78. must have
F
allen, if his Demonstrations had stood:) And so,
Geometry
and
Arthemetick
do still agree, which (he tells us,
page
78:
line
10.) had otherwise been at odds.
And this (though much more might have been said,) is as much as need to be said against that Piece.
Printed with Licence for
John Martyn
, and
James Allestry
, Printers to the Royal Society.
AN ATTEMPT To prove the MOTION OF THE EARTH FROM Observations
MADE BY
Robert Hooke
Fellow of the
Royal Society
.
Senec. Nat. Qu. lib. I. cap. 30.
Nè miremur tam tardè erui quæ tam altè jacent.
LONDON
, Printed by
T. R.
for
John Martyn
Printer to the
Royal Society
, at the
Bell
in St.
Pauls
Church-yard. 1674.
TO THE TRULY HONORABLE
Sir John Cutler
KNIGHT and BARONET, My Worthy
Patron
.
SIR,
AMong several Eminent Marks of your Greatness of Mind for promoting the Publick Good, that of your Bounty for the Advancement of
Experimental
and
Real Knowledge
, by the Founding a
Physico-Mechanical Lecture
, deserves to be Recorded as One, and more especially by me whom you have honoured by establishing your first
Lecturer
. As an Earnest of others more considerable shortly to follow, I here present you with one of my
Discourses
in that Employment, which though short and plain, conteins somewhat of
Information
which the
Learned
have hitherto desired, though almost with despair. As I hope their kind Acceptance will produce their thanks to you to whom they are justly due, so your Acceptance will incourage me in the further prosecution of these
Inquiries
to approve my self,
Noble Sir, Your most oblidged, and most humble Servant
Robert Hooke.
From
Gresham Colledge
,
March 25. 1674.
Reader
,
I Have formerly in the Preface of my
Micrographia
given the World an account of the founding a
Physico-Mechanical Lecture
in the Year
1665
, by Sir
John Cutler
, for the promoting the History of Nature and of Art. In prosecution thereof, I have collected many Observations both of the one and the other kind, and from time to time (as obliged) I have acquainted the
Royal Society
at their Publick Meetings, both at
Gresham Colledge
and
Arundel House
therewith; by
Discourses
and
Lectures
thereupon.
Now in order to the further promoting the End and Design of this
Lecture
, I have complyed, with the desire of several of my Friends (though otherwise not thereunto obliged) to commit divers of those
Discourses
to the Publick, though of themselves for the most part incompleat, and
Essayes
or
Attempts
only upon several Subjects which have no dependencie or coherencie one with another. In the doing hereof, I design to avoid any kind of Method or Order that may require Apologies, Prefaces, or needless Repetitions of what is already known, or might have been said upon that Occasion, or may necessitate me to follow this or that Subject, that doth not some way or other offer it self as it were, and prompt me to the consideration thereof. But because they may possibly admit of some better order hereafter, I design to print them all of the same Volume, that so they may be, when ranged, either stitched or bound together, and may, as occasion requires, be referred to under the Title of their Number and Page. This way I chuse as the best for promoting the Design of this
Lecture
; for as there is scarce one Subject of millions that may be pitched upon, but to write an exact and compleat History thereof, would require the whole time and attention of a mans life, and some thousands of Inventions and Observations to accomplish it: So on the other side no man is able to say that he will compleat this or that
Inquiry
, whatever it be, (The greatest part of Invention being but a luckey hitt of chance, for the most part not in our own power, and like the wind, the Spirit of Invention bloweth where and when it listeth, and we scarce know whence it came, or whether 'tis gone.) 'Twill be much better therefore to imbrace the influences of Providence, and to be diligent in the inquiry of every thing we meet with. For we shall quickly find that the number of considerable Observations and Inventions this way collected, will a hundred fold out-strip those that are found by Design. No man but hath some luckey hitts and useful thoughts on this or that Subject he is conversant about, the regarding and communicating of which, might be a means to other Persons highly to improve them. Whence 'twere much to be wished, that others would take this Method in their Publications, and not torment their
Readers
with such nauseous Repetitions, and frivolous Apologies, as Method and Volumes do necessitate them to; But would rather inrich the Store-house of Art and Nature with choice and excellent Seed, freed from the Chaff and Dross that do otherwise bury and corrupt it.
The communicating such happy Thoughts and Occurences need not much take up a mans time to fit it for the Press; the Relation being so much the better the plainer it is. And matter of Fact being the Kernel
Readers
generally desire (at least in these Subjects) it will be so much the readier for use if it be freed from the thick and hard shell of Impertinences. This way also is more grateful both to the
Writer
and the
Reader
, who proceed with a fresh stomach upon variety, but would be weary and dull'd if necessitated to dwell too long upon one Subject. There are other conveniencies also in this Method of Communication not less considerable then the former, amongst the rest the securing of Inventions to their first Authors, which 'tis hardly possible to do by any other means; for there are a sort of Persons that make it their business to pump and spy out others Inventions, that they may vend them to Traders of that kind, who think they do ingenuously to print them for their own, since they have bought and paid for them. Of this there have lately been some Instances, and more may be expected, if this way prevent not.
When things cannot be well explained by words only (which is frequent in
Mathematical
and
Mechanical Discourses
) I adde Schemes and delineatious Descriptions of that kind being easier to be made and understood. As near as I can I omit the repeating things already printed, and indeavour to deliver such as are new and my own, being my self best pleased with such usage from other Authors.
I have begun with a
Discourse
composed and read in
Gresham Colledge
in the Year
1670.
when I designed to have printed it, but was diverted by the advice of some Friends to stay the repeating the Observation, rather then publish it upon the Experience of one Year only. But finding that Sickness hath hitherto hindered me from repeating the Tryals, and that some Years Observations have already been lost by the first delay: I do rather hast it out now, though imperfect, then detain it for a better compleating, hoping it may be at least a Hint to others to prosecute and compleat the Observation, which I much long for.
This first
Discourse
is upon an Observation of Nature, and may therefore be properly referred to that Head, though it contein also somewhat of the Improvement of Art: The second speedily to follow, will more properly be referrable to
Artificial Improvements
, though it will contein also many Observations of Nature; and I design alwayes to make them follow each other by turns, and as 'twere to interweave them, being apart but like the Warp or Woof before contexture, unfit either to Cloth, or adorn the
Body of Philosophy
.
AN ATTEMPT To prove the Motion of the
EARTH
BY OBSERVATIONS.
WHether the Earth move or stand still hath been a Problem, that since
Copernicus
revived it, hath much exercised the Wits our best modern Astronomers and Philosophers, amongst which notwithstanding there hath not been any one who hath found out a certain manifestation either of the one or the other Doctrine. The more knowing and judicious have for many plausible reasons adhered to the
Copernican
Hypothesis: But the generality of others, either out of ignorance or prejudice, have rejected it as a most extravagant opinion. To those indeed who understand not the grounds and principles of Astronomy, the prejudice of common converse doth make it seem so absurd, that a man shall as soon perswade them that the Sun doth not shine, as that it doth not move; and as easily move the Earth as make them believe that it do's so already. For such Persons I cannot suppose that they should understand the cogency of the Reasons here presented, drawn from the following observations of
Parallax
, much less therefore can I expect their belief and assent thereunto; to them I have only this to say, 'Tis not here my business to instruct them in the first principles of Astronomy, there being already Introductions enough for that purpose: But rather to furnish the Learned with an
experimentum crucis
to determine between the
Tychonick
and
Copernican
Hypotheses. That which hath hitherto continued the dispute hath been the plausibleness of some Arguments alledged by the one and the other party, with such who have been by nature or education prejudiced to this or that way. For to one that hath been conversant only with illiterate persons, or such as understand not the principles of Astronomy and Geometry, and have had no true notion of the vastness of the Universe, and the exceeding minuteness of the Globe of the Earth in comparison therewith, who have confined their imaginations & fancies only within the compass and pale of their own walk and prospect, who can scarce imagine that the Earth is globous, but rather like some of old, imagine it to be a round plain covered with the Sky as with a Hemisphere, and the Sun, Moon, and Stars to be holes through it by which the Light of Heaven comes down; that suppose themselves in the center of this plain, and that the Sky doth touch that plain round the edges, supported in part by the Mountains; that suppose the Sun as big as a Sieve, and the Moon as a
Chedder
Cheese, and hardly a mile off. That wonder why the Sun, Moon, and Stars do not fall down like Hail-stones; and that will be martyr'd rather then grant that there may be Antipodes, believing it absolutely impossible, since they must necessarily fall down into the Abyss below them: For how can they go with their feet towards ours, and their heads downwards, without making their brains addle. To one I say, thus prejudiced with these and a thousand other fancies and opinions more ridiculous and absurd to knowing men, who can ever imagine that the uniformity and harmony of the Celestial bodies and motions, should be an Argument prevalent to perswade that the Earth moves about the Sun: Whereas that Hypothesis which shews how to salve the appearances by the rest of the Earth and the motion of the Heavens, seems generally so plausible that none of these can resist it.
Now though it may be said, 'Tis not only those but great Geometricians, Astronomers and Philosophers have also adhered to that side, yet generally the reason is the very same. For most of those, when young, have been imbued with principles as gross and rude as those of the Vulgar, especially as to the frame and fabrick of the World, which leave so deep an impression upon the fancy, that they are not without great pain and trouble obliterated: Others, as a further confirmation in their childish opinion, have been instructed in the
Ptolomaick
or
Tichonick
System, and by the Authority of their Tutors, over-awed into a belief, if not a veneration thereof: Whence for the most part such persons will not indure to hear Arguments against it, and if they do, 'tis only to find Answers to confute them.
On the other side, some out of a contradicting nature to their Tutors; others, by as great a prejudice of institution; and some few others upon better reasoned grounds, from the proportion and harmony of the World, cannot but imbrace the
Copernican
Arguments, as demonstrations that the Earth moves, and that the Sun and Stars stand still.
I confess there is somewhat of reason on both sides, but there is also something of prejudice even on that side that seems the most rational. For by way of objection, what way of demonstration have we that the frame and constitution of the World is so harmonious according to our notion of its harmony, as we suppose? Is there not a possibility that the things may be otherwise? nay, is there not something of probability? may not the Sun move as
Ticho
supposes, and the Planets make their Revolutions about it whilst the Earth stands still, and by its magnetism attracts the Sun, and so keeps him moving about it, whilst at the same time [mercury] and [venus] move about the Sun, after the same manner as [saturn] and [jupiter] move about the Sun whilst the Satellites move about them? especially since it is not demonstrated without much art and difficulty, and taking many things for granted which are hard to be proved, that there is any body in the Universe more considerable then the Earth we tread on. Is there not much reason for the Hypothesis of
Ticho
at least, when he with all the accurateness that he arrived to with his vast Instru ments, or
Riccioli
, who pretends much to out-strip him, were not able to find any sensible Parallax of the Earths Orb among the fixt Stars, especially if the observations upon which they ground their assertions, were made to the accurateness of some few Seconds? What then, though we have a Chimera or Idea of perfection and harmony in that Hypothesis we pitch upon, may there not be a much greater harmony and proportion in the constitution it self which we know not, though it be quite differing from what we fancy? Probable Arguments might thus have been urged both on the one and the other side to the Worlds end; but there never was nor could have been any determination of the Controversie, without some positive observation for determining whether there were a Parallax or no of the Orb of the Earth; This
Ticho
and
Riccioli
affirm in the Negative, that there is none at all: But I do affirm there is no one that can either prove that there is, or that there is not any Parallax of that Orb amongst the fixt Stars from the Suppellex of observations yet made either by
Ticho, Riccioli
, or any other Writer that I have yet met with from the beginning of writing to this day. For all Observators having hitherto made use of the naked eye for determining the exact place of the object, and the eye being unable to distinguish any angle less then a minute, and an observation requisite to determine this requiring a much greater exactness then to a minute, it doth necessarily follow that this
experimentum crucis
was not in their power, whatever either
Ticho
or
Riccioli
have said to the contrary, and would thence overthrow the
Copernican
System, and establish their own. We are not therefore wholly to acquiess in their determination, since if we examine more nicely into the observations made by them, together with their Instruments and wayes of using them, we shall find that their performances thereby were far otherwise then what they would seem to make us believe. The Controversie therefore notwithstanding all that hath been said either by the one or by the other Party, remains yet undetermined, Whether the Earth move about the Sun, or the Sun about the Earth; and all the Arguments alledged either on this or that side, are but probabilities at best, and admit not of a necessary and positive conclusion. Nor is there indeed any other means left for humane industry to determine it, save this one which I have endeavoured to make; and the unquestionable certainty thereof is a most undenyable Argument of the truth of the
Copernican
Systeme; and the want thereof hath been the principal Argument that hath hitherto somewhat detained me from declaring absolutely for that Hypothesis, for though it doth in every particular almost seem to solve the appearances more naturally and easily, and to afford an exceeding harmonious constitution of the great bodies of the World compared one with another, as to their magnitudes, motions, and distances, yet this objection was alwayes very plausible to most men, that it is affirmed by such as have written more particularly of this subject, that there never was any sensible Parallax discovered by the best observations of this supposed annual motion of the Earth about the Sun as its center, though moved in an Orb whose Diameter is by the greatest number of Astronomers reckoned between 11 and 12 hundred Diameters of the Earth: Though some others make it between 3 and 4 thousand; others between 7 and 8; and others between 14 and 15 thousands; and I am apt to believe it may be yet much more, each Diameter of the Earth being supposed to be between 7 and 8 thousand English miles, and consequently the whole being reduced into miles, if we reckon with the most, amounting to 120 millions of English miles. It cannot, I confess, but seem very uncouth and strange to such as have been used to confine the World with less dimensions, that this annual Orb of the Earth of so vast a magnitude, should have no sensible Parallax amongst the fixt Stars, and therefore 'twas in vain to indeavour to answer that objection. For it is unreasonable to expect that the fancies of most men should be so far streined beyond their narrow dimensions, as to make them believe the extent of the Universe so immensly great as they must have granted it to be, supposing no Parallax could have been found.
The Inquisitive Jesuit
Riccioli
has taken great pains by 77 Arguments to overthrow the
Copernican
Hypothesis, and is therein so earnest and zealous, that though otherwise a very learned man and good Astronomer, he seems to believe his own Arguments; but all his other 76 Arguments might have been spared as to most men, if upon making observations as I have done, he could have proved there had been no sensible Parallax this way discoverable, as I believe this one Discovery will answer them, and 77 more, if so many can be thought of and produced against it. Though yet I confess had I fail'd in discovering a Parallax this way, as to my own thoughts and perswasion, the almost infinite extension of the Universe had not to me seem'd altogether so great an absurdity to be believed as the Generality do esteem it; for since 'tis confessedly granted on all hands the distance of the fixt Stars is meerly hypothetical, and not founded on any other ground or reason but fancy and supposition, and that there never was hitherto any Parallax observed, nor any other considerable Argument to prove the distances supposed by such as have been most curious and inquisitive in that particular, I see no Argument drawn from the nature of the thing that can have any necessary force in it to determine that the said distance cannot be more then this or that, whatever it be that is assigned. For the same God that did make this World that we would thus limit and bound, could as easily make it millions of millions of times bigger, as of that quantity we imagine; and all the other appearances except this of Parallax would be the very same that now they are. To me indeed the Universe seems to be vastly bigger then 'tis hitherto asserted by any Writer, when I consider the many differing magnitudes of the fixt Stars, and the continual increase of their number according as they are looked after with better and longer Telescopes. And could we certainly determine and measure their Diameters, and distinguish what part of their appearing magnitude were to be attributed to their bulk, and what to their brightness, I am apt to believe we should make another distribution of their magnitudes, then what is already made by
Ptolomy, Ticho, Kepler, Bayer, Clavius, Grienbergerus, Piff, Hevelius
and others.
For supposing all the fixt Stars as so many Suns, and each of them to have a Sphere of activity or expansion proportionate to their solidity and activity, and a bigger and brighter bodied Star to have a proportionate bigger space or expansion belonging to it, we should from the knowledge of their Diameters and brightnesses be better able to judge of their distances, and consequently assign divers of them other magnitudes then those already stated: Especially since we now find by observations, that of those which are accounted single Stars, divers prove a congeries of many Stars, though from their near appearing to each other, the na ked eye cannot distinguish them; Such as those Stars which are called
Nebulous
, and those in
Orion
Sword, and that in the head of
Aries
, and a multitude of others the Telescope doth now detect. And possibly we may find that those twenty magnitudes of Stars now discovered by a fifteen foot Glass, may be found to increase the magnitude of the Semidiameter of the visible World, fourty times bigger then the
Copernicans
now suppose it between the Sun and the fixt Stars, and consequently sixty four thousand times in bulk. And if a Telescope of double or treble the goodness of one of fifteen should discover double or treble the said number of magnitudes, would it not be an Argument of doubling or trebling the former Diameter, and of increasing the bulk eight or twenty seven times. Especially if their apparent Diameters shall be found reciprocal to their Distances (for the determination of which I did make some observations, and design to compleat with what speed I am able.) But to digress no further, This grand objection of the
Anticopernicans
, which to most men seem'd so plausible, that it was in vain to oppose it, though, I say, it kept me from declaring absolutely for the
Copernican
Hypothesis, yet I never found any absurdity or impossibility that followed thereupon: And I alwayes suspected that though some great Astronomers had asserted that there was no Parallax to be found by their observations, though made with great accurateness, there might yet be a possibility that they might be mistaken; which made me alwayes look upon it as an inquiry well worth examining: first, Whether the wayes they had already attempted were not subject and lyable to great errors and uncertainties: and secondly, Whether there might not be some other wayes found out which should be free from all the exceptions the former were incumbred with, and be so far advanced beyond the former in certainty and accurateness, as that from the diligent and curious use thereof, not only all the objections against the former might be removed, but all other whatsoever that were material to prove the ineffectualness thereof for this purpose.
I began therefore first to examine into the matter as it had already been performed by those who had asserted no sensible Parallax of the annual Orb of the Earth, and quickly found that (whatever they asserted) they could never determine whether there were any or no Parallax of this annual Orb; especially if it were less then a minute, which
Kepler
and
Riccioli
hypothetically affirm it to be: The former making it about twenty four Seconds, and the latter about ten. For though
Ticho
, a man of unquestionable truth in his assertions, affirm it possible to observe with large Instruments, conveniently mounted and furnished with sights contrived by himself (and now the common ones for Astronomical Instruments) to the accurateness of ten Seconds; and though
Riccioli
and his ingenious and accurate Companion
Grimaldi
affirm it possible to make observations by their way, with the naked edge to the accurateness of five Seconds; Yet
Kepler
did affirm, and that justly, that 'twas impossible to be sure to a less Angle then 12 Seconds: And I from my own experience do find it exceeding difficult by any of the common sights yet used to be sure to a minute. I quickly concluded therefore that all their endeavours must have hitherto been ineffectual to this purpose, and that they had not been less imposed on themselves, then they had deceived others by their mistaken observations. And this mistake I found proceeded from divers inconveniencies their wayes of observations were lyable to. As first from the shrinking and stretching of the materials wherewith their Instruments were made, I conceive a much greater angle then that of a minute may be mistaken in taking an altitude of fifty Degrees. For if the Instruments be made of Wood, 'tis manifest that moyst weather will make the frame stretch, and dry weather will make it shrink a much greater quantity then to vary a minute: and if it be Metal, unless it be provided for in the fabrick of the Instrument accordingly, the heat of Summer, when the Summer observations are to be made, will make the Quadrant swell, and the cold of Winter will make it shrink much more then to vary a minute: Both which inconveniencies ought to be removed. Next the bending and warping of an Instrument by its own weight, will make a very considerable alteration. And thirdly, the common way of Division is also lyable to many inconveniencies: And 'tis hardly possible to ascertain all the subdivisions of Degrees into minutes for the whole Quadrant, though that be not altogether impossible. But I will suppose that they did foresee, and in some manner prevent all these inconveniencies, especially
Ticho
and
Riccioli
, who seem to have been aware thereof. But there was one inconvenience which was worse then all the rest, which they seem not to have been sufficiently sensible of, from whence proceeded all their own mistakes, and their imposing upon others, and that was from their opinion that the sight of the naked eye was able to distinguish the parts of the object as minutely as the limb of the Quadrant (of what largeness soever) was capable of Divisions; whereas 'tis hardly possible for any unarmed eye well to distinguish any Angle much smaller then that of a minute: and where two objects are not farther distant then a minute, if they are bright objects, they
coalesce
and appear one, though I confess, if they be dark objects, and a light be interposed, the distance between them shall be visible, though really much less then a Second; and yet notwithstanding, my first assertion stands good; for though a bright object, as a candle or light at a distance, or a Star, or the like, can be seen by the eye, though its body do really not subtend an Angle of one third, yet it proceeds from a radiation (that is, from reflection and refraction together) in the air and in the eye, whereby the body thereof is represented to the naked eye some hundred times bigger then it really is. That this is so, any one that will but carefully examine will find it true.
It was, I doubt not, their extraordinary desire and care to be exact, that caused them to make their Instruments so large, and to subdivide them to such an exactness, as to distinguish, if possible, to Seconds; And I question not but that they used their utmost indeavour in directing the sight to the object: but since the naked eye cannot distinguish an Angle much smaller then a minute, and very few to a whole minute, all their charge and trouble in making and managing large Instruments, and in calculating and deducing from them, was as to this use in vain. Hence I judged that whatever mens eyes were in the younger age of the World, our eyes in this old age of it needed Spectacles; and therefore I resolved to assist my eyes with a very large and good Telescope, instead of the common sights, whereby I can with ease distinguish the parts of an object to Seconds: and I question not but that this way may be yet made capable of distinguishing much more curiously, possibly even to some few Thirds. This invention removed that grand inconvenience which all former observations were spoiled with: but there re mained yet further this difficulty, How to make an Instrument large enough for this purpose, that I might be assured did not shrink, nor warp, nor stretch so much as to vary a Second; for such is the nature of all Materials that can be made use of for Instruments of the bigness I designed this, that 'tis almost impossible to make a moveable Instrument that shall not be subject to a variation of divers Seconds: It was therefore my next inquiry where I might fix this Archimedean Engine that was to move the Earth. For the doing of which, I knew 'twas in vain to consult with any Writer or Astronomer, having never then heard of any person that had ever beore that time had any thoughts thereof: and when I first propounded it to the
Royal Society
, 'twas look'd upon as a new thought, and somewhat extravagant, and hardly practicable, until upon hearing my explication, and the various wayes how it might be reduced into practise, it was at length judged possible, and desirable to be tryed. I propounded therefore to them the several ways that it was possible to be performed, and what method was to be observed in every one of them, and somewhat of the conveniencies in each of them; for having seriously meditated upon the Inquiry, I quickly thought of many expedients for the doing thereof. As first, I had thoughts of making use of some very great and massy Tower or Wall that were well setled, or of some large Rock or Hill whereunto I might fix my Glasses, so as to take the exact altitude of some eminent Star near the Pole of the Ecliptik, when at its greatest height, at two differing times of the year; to wit, about the Summer and Winter Solstice, to see if possibly I could discover any difference of altitude between the first and second observation. But to accomplish this (besides the vast difficulty there would have been to have measured such an Angle to the accurateness requisite, if at least it were desired to have the Angle of altitude to Minutes and Seconds, which ought also to have been repeated as oft as any observation had been made for fear of setling or swelling, &c.) I was destitute of such a convenience near my habitation; besides, had I had my wish, I sound that 'twas lyable to an inconvenience that would wholly overthrow my whole design, which I knew not well how to avoid: Namely, to that which hath hitherto made even the very best observations of Parallaxes ineffectual and uncertain, the
refraction of the Air
or
Atmosphere
, which though it could have been but very little at the greatest altitude of the Pole of the Ecliptick, yet it might have been enough plausibly to have spoiled the whole observation, and to have given the
Anticopernicans
an opportunity of evading the Arguments taken from it, especially upon the account of the differing constitution of the Atmosphere in
June
and
December
, which might have caused so much a greater refraction of the same altitude at one time then another, as would have been sufficient to have made this observation ineffectual for what it was designed. Adde to this, that it would have been no easie matter to have set the Glasses or Telescope exactly against the Meridian, so as to see the highest altitude of any Star near the Pole of the Ecliptick distinctly to a Second.
The like difficulties I found if observations were made of the greatest altitude of the Pole of the Ecliptick in
June
and
December
, or the least altitude of the same in
December
and
June
. For besides all the uncertainties that the Instruments, be they what they will, are liable to, the grand inconvenience of the refraction of the Air, which is enough to spoil all observations if it be intermixed with uncertainty, in the former is considerable, and in the later intolerable.
Having therefore examined the wayes and Instruments for all manner of Astronomical observations hitherto made use of, and considered of the inconveniencies and imperfections of them; and having also duly weighed the great accurateness and certainty that this observation necessarily required: I did next contrive a way of making observations that might be free from all the former inconveniencies and exceptions, and as near as might be, fortified against any other that could be invented or raised against it. This way then was to observe by the passing of some considerable Star near the Zenith of
Gresham Colledge
, whether it did not at one time of the year pass nearer to it, and at another further from it: for if the Earth did move in an Orb about the Sun, and that this Orb had any sensible Parallax amongst the fixt Stars; this must necessarily happen, especially to those fixt Stars which were nearest the Pole of the Ecliptick. And that this is so, any one may plainly perceive if he consider the annexed Scheme,
Fig.
1. where let S represent the Sun placed as it were in the center of the Planetary Orbs, ABCD an imaginary Orb of the fixt Stars of the first magnitude, whose center for demonstration sake we will suppose the Sun. Let [aries] [cancer] [libra] [capricornus] represent the Orb in which the Earth is supposed to move about the Sun, obliquely projected on the Paper. Let [capricornus] represent the Earth in
Capricorn
, and [cancer] the Earth in
Cancer
, let 1 2. 1 2. represent the imaginary Axis of the Earth, keeping continually a parallelism to its self, and let [capricornus] ABCD [cancer] represent an imaginary Plain passing through the center of the Star at D in the Solstitial Colure, and the two centers of the Earth in [capricornus] and [cancer], and C represent the Zenith point of
Gresham Colledge
at noon, when the Earth is in
Cancer
, and A the Zenith point of the said
Colledge
at midnight in the aforesaid Orb ABCD when the Earth is in
Capricorn
, 'tis manifest therefore that since the Poles of the Earth, the Poles of the Ecliptick, and the Zenith points of the Earth at noon, when in
Cancer
, and at midnight, when in
Capricorn
, are all in the same Plain; and that the Axis of the Earth keeps alwayes its parallelism, and that the Angles made by the Perpendiculars of
Gresham Colledge
, with the Axes are alwayes the same, that the aforesaid Perpendiculars of the said
Colledge
shall be parallel also one to another, and consequently denote out two points in the abovesaid Orb A and C as far distant from each other as the parallel Lines A [capricornus] and C [cancer] are, and consequently the point A shall be farther from the Star in D, and the point C shall be nearer to it, when in the Meridian near the Zenith of
London
, and consequently if the said Star be observed when in the Meridian of the place abovesaid, if there be any such difference considerable, it may be found if convenient Instruments and care be made use of for the observation thereof: and the difference between the Angle A [capricornus] D, and the Angle C [cancer] D, will give the parallactical Angle [capricornus] D [cancer] of the Orb of the Earth to the fixt Star D of the first magnitude. The same demonstration will hold
mutatis mutandis
, supposing the Star be not in the Meridian or Plain abovesaid, but in some other Meridian, as any one upon well considering the nature of the thing it self may easily prove, if the observation be made when the Zenith passes by the Star at midnight, and at mid-day. But the nearer the Zenith of the place of observation passeth to the Pole point of the Ecliptick, the better; The Angle of Parallax being still the more sensible. Therefore the best place to compleat this observation were in some place under the Polar Circles, as in
Iseland
, where the Zenith of the place at the times abovesaid, must consequently pass at one time to the North side of the Pole of the Ecliptick, and at the other on the South side, and the Zenith of
March
and
Sept.
must pass through the very Pole-point it self. Now it falling out so, that there is no considerable Star in that part of the Heavens nearer the above said Plain, and nearer the Zenith point of
Gresham Colledge
in that Plain, then the Bright Star in the head of the
Dragon
, I made choice of that Star for the object by which I designed to make this observation, finding the Zenith point of
Gresham Colledge
to pass within some very few minutes of the Star it self; the declination thereof according to
Riccioli
being 51[deg]. 36[min]. 7[sec]. and the Plain the Star and Pole of the World, making an Angle with the aforesaid Plain but of 2[deg]. 52. 36, the right ascention thereof being according to
Riccioli
267[deg]. 7[min]. 24[sec].
And that this may be made a little plainer, let us suppose in the third
Figure
, the North part of the Heavens projected stereographical upon a Plain to which the Axis is perpendicular. Let p represent the Pole, e the Pole of the Ecliptick, l the bright Star in the head of
Draco
, and let accc represent an imaginary Circle described by the Zenith of
Gresham Colledge
among the fixt Stars in
June
, and bddd a like Circle described by the said Zenith in
December
, and efff a like Circle described as above in
March
, and ghhh in
September
. It is very evident that the true distances of the Zeniths in that part of the Meridian which is next the Pole of the Ecliptick, to wit, in the head of the Constellation
Draco
, shall be to the true distances of the said Zeniths in that part which is furthest from the said Pole, to wit, near the constellation of
Auriga in consequentia
, as the sign of 75 degrees to the sign of 14[deg]. 54[min], and the variation of the Zeniths, or the Angle of Parallax here at
Gresham Colledge
, to the Angle of Parallax in
Iseland
, or any other place under the Pole of the Ecliptick, or Artick Circle is, as the sign of seventy five to the sign of ninety or the
Radi us
. This will be very evident if we consider in the second Scheme; AB to represent the Diameter of the great Orb: AC and BD the perpendiculars of
Iseland
, or some other place under the Polar Circle. GA, HB the perpendiculars of
Gresham Colledge
in
Draco
: and LA, MB the perpendiculars of the same place to the Solstitial Colure near
Auriga
, the several distances CD, GH, IK, LM, will be as the signs of 90[deg] | 75[deg] | 66[deg]. 30[min] | 14[deg]. 54[min] |. to wit, as the Lines or Cords AB. AO. PB. QB.
I might have made observations of the distances of the transits of our Zenith from any other Star as well as from this of
Draco
, and the same Phenomena might have been observed, taking care to make one of the observations when the Star is in the Zenith at midnight, and the other when the same Star is in the Zenith at noon or mid-day; and upon this account when I next observe, I design to observe the transits of our Zenith by
Benenaim
, or the
ultima caudæ ursæ majoris
, it being a Star of the second magnitude, and having almost as much declination as
Gresham Colledge
hath latitude. The principal dayes of doing which will be about the 4 of
April
, when out Zenith passeth by the said Star at midnight, and the 7 of
October
, when it passeth by it at noon or mid-day: the reason of all which will be sufficiently manifest to any one that shall well consider the preceeding explanation.
This Star I would the rather observe, because as it is placed so as that the Parallax thereof will be almost as great as of the Pole of the Ecliptick in
Iseland
, or under the Artick Circle, so it being a Star of the second magnitude, and consequently perhaps as near again as one of the fourth, the Angle of Parallax will be near about twice as big, and the Star it self much more easie to be seen in the day time. This will be very easie to be understood, if we consider in the first Scheme the differing distances of the Orb ABCD, in which we may suppose the Stars of the second magnitude to be fixt, and of the Orb alphabetakappadelta, in which we may suppose the Stars of the fourth magnitude, and abcd in which we may suppose those of the third magnitude, and ABCD in which we may suppose those of the first; for if the Stars are further and further removed from the Sun, according as they appear less and less to us, the parallactical difference found by observation must necessarily be less and less, according as the observation is made of less and less Stars.
The reasons then why I made choice of this way of observing will be easie to any one that shall consider that hereby, first, I avoid that grand inconvenience wherewith all ancient and modern observations have been perplext, and as to Parallax insignificant, and that is the refraction of the Air or Atmosphere. How great an inconvenience that was is obvious, since 'tis certainly much greater at one time then another, and never at any certainty; and secondly, 'Tis not equally proportionable, for sometimes the refraction is greater at some distance above the Horizon, then in or nearer to the Horizon it self, and sometimes the quite contrary, which I have very often observed; and this to so exorbitant a difference, as to confound all Hypothetical Calculations of Tables for this purpose. This ariseth from the uncertain and sudden variations of the Air or Atmosphere, either from heat and cold, from the thickness and thinness of Vapours, from the differing gravity and levity, from the winds, currents, and eddyes thereof, all which being not so well understood by what way, and in what degree, and at what time they work and operate upon the Air, must needs make the refraction thereof exceedingly perplext, and the reduction thereof to any certain theory fit for practice, a thing almost impossible. Now if we are uncertain what part of the observed Angle is to be ascribed to refraction, we are uncertain of the whole observation as far as the possible uncertainty of refraction. Let me have but the liberty of supposing the refraction what I please, and of fixing the proportional decrease thereof according to the various elevation of the Rayes above the Horizon; I will with ease make out all the visible Phenomena of the Universe, Sun, Moon, and Stars, and yet not suppose them above a Diameter of the Earth distant. Now in this observation there is no refraction at all, and consequently be the Air thicker or thinner, heavier or lighter, hotter or colder, be it in Summer or Winter, in the night or the day, the ray continually passeth directly, and is not at all refracted and deflected from its streight passage. In the next place, by this way of observing I avoid all the difficulties that attend the making, mounting, and managing of great Instruments: For I have no need of Quadrant, Sextant, or Octant, nor of any other part or Circle bigger then a Degree at most; nor have I need to take care of the divisions and subdivisions thereof, nor of the substance whether made of Iron, Brass, Copper, or Wood, nor whether the parts thereof shrink or swell, or bend or warp, to all which the best Instruments hitherto made use of, have been some wayes or other lyable. And notwithstanding the vast care and expence of the noble
Ticho
about the making, fixing, and using his great Instruments; yet I do not find them so well secured from divers of these inconveniences, but that they were still subject to some considerable irregularities. Nay, notwithstanding the seemingly much greater curiosity and expense of
Hevelius
, and his infinite labour and diligence in the compleating and using of his vast Apparatus of Astronomical Instruments, I do not find them so well secured, but that some of the causes of errors that I have before mentioned, may have had a considerable effect upon them also; especially if they were supposed to measure an Angle to some few Seconds, as I shall hereafter perhaps have more occasion to manifest. Now, if the Instruments of
Ticho
and
Hevelius
, (who had certainly two of the most curious and magnificent Collections of Astronomical Instruments that were ever yet got together or made use of) were subject to these uncertainties, What shall we say of all that other farrage of trumpery that hath been made use of by most others? We see therefore the necessity of the conjunction of Physical and Philosophical with Mechanical and Experimental Knowledge, how lame and imperfect the study of Art doth often prove without the conjunction of the study of Nature, and upon what rational grounds it was that Sir
John Cutler
, the Patron and Founder of this Lecture, proceeded in joyning the contemplation of them both together.
The next thing was the Instrument for the making of this observation, such a one as should not be lyable to any of the former exceptions, nor any other new ones that were considerable. To this purpose I pitched upon a Telescope, the largest I could get and make use of, which I designed so to fix upright, as that looking directly upwards, I could be able certainly to observe the transits of any Stars over or near the Zenith, and furnishing it with perpendiculars and a convenient dividing Instrument, I should be able not only to know exactly when the Star came to cross the Meridian, but also how far it crossed it from the Center or Zenith point of
Gresham Colledge
, either towards the North, or towards the South. All which Particulars, how I performed, I shall now in order describe, and this somewhat the more distinctly, that such as have a desire to do the like, may be the more ready and better inabled to proceed with the same.
First then (finding a Tube would be very troublesome to the Rooms through which it past, especially if it were placed pretty far in the Room, and that one wanted so free an access as was necessary if it were planted nigh the wall, and that there was no absolute necessity of such an intermediate Tube, supposing there were a cell to direct the eye fixt to the Eye Glass, and that there were some short cell to carry the Object Glass in at the top, so as to keep it steady, when raised upward or let downwards, the light in the intermediate Rooms not at all hindring, but rather proving of good use to this purpose for seeing the Mensurator) I opened a passage of about a foot square through the roof of my lodgings (see the Fourth
Figure
) and therein fixt a Tube aa perpendicular and upright, of about ten or twelve foot in length, and a foot square, so as that the lower end thereof came through the Ceiling, and was open into the Chamber underneath: This Tube I covered with a lid at the top q, housed so as to throw off the rain, and so contrived, as I could easily open or shut it by a small string nop, which came down through the Tube to the place where I observed. Within this perpendicular Tube aa, I made another small square Tube bb, fit so as to slide upwards and downwards, as there was occasion, and by the help of a skrew to be fixt in any place that was necessary: Within this Tube in a convenient cell c, was fixt the Object Glass of the Telescope (that which I made use of was thirty six foot in length, having none longer by me, but one of sixty foot, and so too long to be made use of in my Rooms) the manner of fixing which was this: The Glass it self was fixed into a cell or frame of Brass, so exactly fitted to it, that it went in stiff; and to fill up all the Interstitia's, there was melted in hard Cement; this cell had a small barr that crossed under the center of the Glass, or the aperture thereof; in which barr were drill'd two small holes at equal distance from the middle of the Glass, through which the upper ends of the two perpendiculars dd were fastned; and in the fixing this brass cell or frame into the square Tube that was to slide up and down, care was taken to make the barr lye as exactly North and South as could be, though that were not altogether so absolutely necessary to this observation. These perpendiculars dd fastned to the barr hung 36 foot and better in length, and had at the lower ends of them two balls of lead ee as big as the Silks could bear, by which the lowest parts of this Instrument were adjusted, as I shall by and by explain. But first, I must acquaint the Reader, that I opened a so perpendicularly under this Tube a hole rr a foot square in the floor below, which with shutters could be closed or opened upon occasion; by this means I had a perpendicular Well-hole of about forty foot long, from the top of a to the lower floor ss. Upon the second floor ss I fixed the frame that carried the Eyeglass and the other Apparatus fit to make this observation. I made then a Stool or Table, such as is described in the same Fourth
Figure
ihhi, having a hole through the top or cover thereof hh, of about nine inches over; the middle of which I placed as near as I could perpendicularly under the middle of the Object Glass in the cell above, and then nailed the frame fast to the floor by the brackers ii, that it could not stir; underneath the cover of this Table I made a slider gg, in which was fixed in a cell an eye Glass f, so as that I could through the eye Glass moved to and fro, see any part of the hole in the Table that I desired, without stirring the stool from its fixtness. This was necessary, because many Stars which were forerunners of this Star in
Draco
, and served as warning to prepare for the approaching Star, went pretty wide from the parallel that passed over our Zenith; by this means also I took notice of the Star it self, at above half a degree distance from the Zenith to the East, and so followed the motion of it with my eye Glass, and also with my measuring Clew, and at the same time told the Seconds beat by a Pendulum Clock, and so was very well prepared to take notice of all things necessary to compleat the observation, but might have been otherwise sur prised by the suddain approach and swift motion of the said Star. The measuring Instrument or Mensurator was a round thin plate or circle of Brass, delineated in the Seventh
Figure
, the aperture ab of which was about nine inches over, crossed in the middle by two very small hairs ab and cd, which served to shew the Zenith point at e, by which the Star was to pass; there were also two other small hairs fg and ih drawn parallel to that which was to represent the East and West line, that past under our Zenith, these cut the Clue that represented the Meridian, or North and South Line at the places k and l, where the perpendicular points were made by the two long plumb lines: This Instrument was produced on the side a to n, ne being made fifteen times the length of em, so that em being one inch and two thirds, en was twenty five inches: at n the line ne was crost by a rule of about 3 1/2 foot long op, which from the point n was divided each way into inches and parts, each inch being subdivided into thirty parts, which served to determine, though not precisely, the Seconds on the line cd, for a minute of a degree to a thirty six foot Glass, being very near one eighth part of an inch, and this eighth part, by the help of the Diagonal, being extended to two whole inches upon the three foot Rule op, it became very easy to divide a part of cd, which subtended a minute into sixty parts, and consequently to subdivide it into Seconds. Now though the sixtieth part of an eighth of an inch be very hardly distinguishable by the naked eye, yet by the help of looking through the Eyeglass placed in the cell, and so magnifying the Objects at the Mensurator more then sixteen times, 'tis easie enough to distinguish it. But to proceed, I had one small arm mt in the Mensurator, to which the Diagonal thred was fastned at the point m, which served for the more nice subdivisions into Seconds; The other Diagonal thred which was fastned at u, served for such observations where so great niceness was not so necessary, distinguishing only every four Seconds. The points where these Diagonal threds were fastned, were exactly over the line ab, and the distances em and eu were an inch and two thirds, and five inches.
There is somewhat of niceness reqisite to the fixing these Diagonal threads (which is very material) at m and u, and that is that there be a small springing slit to pinch the hair fast exactly over the line ab, so that the point of its motion may be precisely in the said East and West line, and not sometimes in it, and sometimes out of it, which it is apt to be, if the Diagonal line be fixt in a hole, and move round in it.
This was the Mensurator by which I measured the exact distance of the Stars from our Zenith: it may be also made use of for the measuring the Diameters of the Planets; for the examining the exact distances of them from any near approaching fixt Stars; for measuring the distances of the Satellites of
Jupiter
and
Saturn
from their discks, for taking the diameters and magnitudes of the spots of the Moon, and for taking the distances of approaching Stars, and for many other mensurations made by Telescopes or Microscopes, if it be so placed as to be in the focus of the Object Glass and Eye Glass. I could here describe at least thirty other sorts, some by the help of screws, others by the help of wedges, some after the way of proportional Compasses, others by wheels, others by the way of the Leaver, others by the way of Pullies, and the like; any one of which is accurate enough to divide an inch into 100, 1000, 10000 parts if it be necessary; but I must here omit them, they being more proper in another place, and shall only name one other, because I sometimes made use of it in this observation, which is as simple and plain as this I have described, and altogether as accurate; but for some accidental circumstances in the place where I made my observation, was not altogether so convenient as the former. This Mensurator then is made thus: take a Rule of what length it seems most convenient for the present occasion, as two, three, or four foot long, represented by ab in the Eighth
Figure
, divide this into 100, 1000, 10000 equal parts, with what accurateness 'tis possible, between the points ab. On the top of this Rule, at each end fix two cross pieces gh and ef, then from the two cross pieces ef and gh, strain two very fine and even clues, as Silkworms clues, curious small hairs, or the like, so as that they cross each other at n, and be distant at o and p, an inch, or any other certain measure desired. Let this Rule, bezelled on each side, slip in a frame between two cheeks q and r, upon the top of which strein another small hair as st. This frame must be fastned to the Te lescope, so as st may lye in a due position to the Eye Glass of it. Now in the time of observation the frame qr being fastned to the Telescope as above, by sliding the Rule ab to and fro, you give upon the line st any length desired, which is noted out by the line st upon the rule; for if op be put one inch, then xy will be 494/1000 of an inch, and if op be the subtense of 10 minutes, then xy will be the
subsense
of 4[rangle]94; this is so plain, simple, and easie, that as any ordinary Workman will be able to make it, so I doubt not but every Reader will, without more application, understand both the description and use thereof. I shall return therefore to the description of the former Mensurator.
The next thing then is the way of fixing this Mensurator, so as to set the threads in their due posture, that is East and West, and North and South, and that they cut each other under the middle of the Glass. This last was that which had the most of difficulty in the whole Experiment. For the performing of this, I removed the slider underneath the Table that carried the Eye Glass, and also the Mensurator, and suffered the plumb lines to hang down through the aperture of the Table, and that the Balls might come the sooner to their perpendicularity, I suffered them to hang into a vessel of water, deep and wide enough, that they might not touch either side or bottom.
This expedient of hanging the plumbets in water I mention, because without it 'tis not to be imagined how much time is lost be expectation of the settlement of the said perpendiculars, and how very apt they are to be made to vibrate by the little imperceptible motion of the Air, and by any small hair or other impediment how apt to be put out of their perpendicularity: which by the way makes me very fearful that all common Instruments have hitherto been lyable to very great errors, by the unaccurate hanging of their plumb lines, being made for the most part to hang and play against the side of the Instrument. By this means they would soon come to hang perpendicularly, and be so detained when in that posture; not being apt to be stirred by the motion of the Air, or their own swing; and whilst thus steady, I fixed two small arms of Brass, such as are described in the Seventh Figure by zz, zz, which had small holes at the extreams, with a small slit on the side to admit or emit the plumb line as there was occasion; one of these is more at large described in the Sixth
Figure
. Now the plumb line being let into the middle of this, I did with all the accurateness I could so fix the said arm, that the plumb line past exactly through the middle of the hole y. When I was sufficiently satisfied that the plumb line past exactly through the middle of the trying arms, I fixed those arms zz, zz, and removed the plumb lines, then I laid the Mensurator ll in the Fourth
Figure
, upon the surface of the Table, and took great care that the crosses k and l in the Seventh
Figure
, lay exactly under the middle of the holes in the arms, which having done by the help of certain screws, I fixt the Mensurator fast to the Table, and prepared for the observations, putting in the slider gg in the Fourth
Figure
, that carried the cell f, and lying down upon a Couch (k of the Fourth
Figure
) made purposely for this observation, I could look directly upward, and with my left hand move the Cell and Eye Glass so as to find any Star which passed within the hole of the Table, and at the same time with my right hand I could move the Diagonal thread (rm of the Seventh
Figure
) so as to find exactly how far distant from the Zenith e, either Northwards or Southwards, the Stars past the Meridian dc, and giving notice to my Assistant to prepare, he upon the sign given took notice exactly by a Pendulum Clock to the parts of a Second when the said Stars past, and also took notice what division the Diagonal thread mr cut upon the Rule op.
With all these difficulties I was forced to adjust the Instrument every observation I made, both before and after it was made, which hath often made me wish that I were near some great and solid Tower, or some great Rock or deep well, that so I might fix all things at once, and not be troubled continually thus to adjust the parts of the said Instrument; for whoever hath that opportunity will, I question not, especially if the lines of his Mensurator be made of the single clues of a Silkworm, with much ease discover plainly a change of the distance of Stars of the greater magnitude from the Zenith, in a much shorter time then six moneths. This variation also will be much more easie to be dicovered, if instead of a thirty six foot Glass, there be made use of one of four times that length, to wit, one of one hundred fourty four foot; and if instead of a Tower some deep and dry Well be made use of, such as I have seen at a Gentlemans house not far from
Bansted Downs
in
Surry
, which is dugg through a body of chalk, and is near three hundred and sixty foot deep, and yet dry almost to the very bottom: For such a one is much less subject to any kind of alteration, either from the settling towards this or that side, which most Towers and high Buildings, whether new or old, are lyable to: This also is safe from bending and shaking with the wind, which I find the strongest Houses, Towers, and Walls, if of any considerable height, are apt to do, nor would the wind have any power to swerve the perpendiculars, which 'tis almost impossible to prevent in high Buildings above ground. But this I can only wish it were performed, but cannot hope to have any opportunity of Doing it my self. But certainly the discovery of the observation will abundantly recompense those that have the curiosity to make it.
Having thus resolved upon the way, and prepared the Instruments fit for the observation, I began to observe the Transits of the bright Star in the head of
Draco
; and alwayes both before and after the observation, I adjusted the Mensurator by the Perpendiculars, that I might be the more certain of the exactness of the Instrument; for I often found that when I came to examine the Instrument, a day, or two, or three, or more, after a former observation, that there had been wrought a considerable change in the Perpendiculars, in so much as to vary above a minute from the place where I left them, which I ascribe chiefly to the warping of the Tube that rose above the roof of the House, finding sensibly that a warm day wou'd bend it considerably towards the South, and that a moist Air would make it bend from the quarter of the wind: But yet I am apt to think there might be somewhat also of that variation ascribable to the whole Fabrick of the Roof, and possibly also to some variation of the Floors; but yet I never found these variations so sudden, as to be perceptible in the time of a single observation, finding alwayes the preceding and subsequent adjustings to answer.
The first observation I made was the Sixth of
July
, 1669. when I observed the bright Star of
Draco
to pass the Meridian Northwards of the Zenith point of the Mensurator, at about two Minutes and twelve Seconds.
The second observation I made was upon the Ninth of
July
following, when I found it to pass to the Northwards of the said Zenith or cross of the Mensurator, near about the same place, not sensibly differing.
The third observation I made upon the Sixth of
August
following; then I observed its transitus North of the aforesaid Zenith, to be about two Minutes and six Seconds.
The last observation I made upon the One and twentieth of
October
following, when I observed it to pass to the North of the Zenith, at one Minute and about 48 or 50 Seconds.
Inconvenient weather and great indisposition in my health, hindred me from proceeding any further with the observation that time, which hath been no small trouble to me, having an extraordinary desire to have made other observations with much more accurateness then I was able to make these, having since found several inconveniencies in my Instruments, which I have now regulated.
Whether this Zenith so found out upon the Mensurator, be the true Zenith of
Gresham Colledge
, is not in this inquiry very material (though that also I designed to examine, had not an unhappy accident broken my Object Glass before I could compleat the observation) for whether it were, or were not, it is certain that it alwayes had the same position to the true Zenith, the Object Glass and Perpendiculars having not been in all that time removed out of the Cell, whence if the said Object Glass were thicker upon one side then upon the other (which is very common and very seldome otherwise) and consequently deflected the ray towards the thicker side, and so made the Perpendicular of the Mensurator to lye on that side of the true Perpendicular, that the thicker side of the Object Glass respected, yet it being alwayes so if the transitus of the Star varied from this false Perpendicular, it must also vary from the true one. The manner how I designed to examine and find out the true Perpendicular, is this, which is the way also of adjusting of Telescopical sights, as I shall afterwards have occasion to shew. Having marked the four sides of the Glass, the North with N, the East with E, the South with S, and the West with W, about the first of
June
I begin to observe and measure the true distance of some remarkable fixt Star, as of this of
Draco
from the Zenith found one night when the side N of the Glass stood North. Then I change the side of the Object Glass, and put the North side Southwards, and the South, Northwards, and observe the Transitus of the same Star the next night, and note down the same; the third night following I put the East side or E North, and observe the transit of the same Star over the Meridian; and the fourth night I put the West side or W North, and observe the transit of the said Star. Now by comparing all these together, it will be very easie to deduce what the false refraction of the Object Glass is, and which way it lyes, and consequently to regulate the apparent Zenith by the true one. But this only by the by.
'Tis manifest then by the observations of
July
the Sixth and Ninth: and that of the One and twentieth of
October
, that there is a sensible parallax of the Earths Orb to the fixt Star in the head of
Draco
, and consequently a confirmation of the
Copernican
System against the
Ptolomaick
and
Tichonick
.
Before I leave this Discourse, I must not forget to take notice of some things which are very remarkable in the last observation made upon the 21 of
October
. And those were these. First, that about 17 minutes after three a-clock the same day, the Sun being then a good way above the Horizon, and shining very clear into the Room where I lay to observe, and having nothing to screen off the rayes of light, either in the Room where I was, or in the next Room through which I looked, I observed the bright Star in the
Dragons
head to pass by the Zenith as distinctly and clearly as if the Sun had been set, though I must confess it had lost much of the glaring brightness and magnitude it was wont to have in the night, and its concomitants were vanisht: The like I found it divers other dayes before, when I observed it, the Sun shining very cleer into both the aforesaid Rooms, which by the way I suppose was the first time that the fixt Stars were seen when the Sun shin'd very bright, without any obscuring of its light by Eclipse or otherwise. And though we have a great tradition that the Stars may be seen with the naked eye out of a very deep Well or Mine in the day, yet I judge it impossible, and to have been a meer fiction, without any ground: For the being placed at the bottom of a Well doth not at all take away the light of the Atmosphere from affecting the eye in and near the Axis of vision, though indeed the sides thereof may much take off the lateral rayes; but unless the radiation of the false rayes of the Star be brighter then that of the Air, the true rayes from the body are so very small, that 'tis impossible the naked eye should ever be affected by them. For in the second place, by this observation of the Star in the day time when the Sun shined, with my 36 foot Glass I found the body of the Star so very small, that it was but some few thirds in Diameter, all the spurious rayes that do beard it in the night being cleerly shaved away, and the naked body thereof left a very small white point.
The smalness of this body thus discovered does very fully answer a grand objection alledged by divers of the great
Anti-copernicans
with great vehemency and insulting; amongst which we may reckon
Ricciolus
and
Tacquet
, who would fain make the apparent Diameters of the Stars so big, as that the body of the Star should contain the great Orb many times, which would indeed swell the Stars to a magnitude vastly bigger then the Sun, thereby hoping to make it seem so improbable, as to be rejected by all parties. But they shall by this means examine the Diameter of the fixt Stars, will find them so very small, that according to these distances and Parallax they will not much differ in magnitude from the body of the Sun, some of them proving bigger, but others proving less; for the Diameter of the parallactical Circle among the fixt Stars, seems to exceed the Diameter of the Star almost as much as the Diameter of the annual Orb of the Earth doth that of the Sun. And possibly longer and better Telescopes will yet much diminish the apparent bulk of the Stars by bringing fewer false rayes to the eye that are the occasion of the glaring and magnifying of the said bodies. It may for the present suffice to shew that even with this Glass we find the Diameter of this Star considerably smaller then a Second, and the Parallax we judge may be about 27 or 30 Seconds. It will not therefore be difficult to find many Stars whose Diameters shall be less then a two hundredth part of this Parallax, as possibly upon more accurate observation this very Star may be found to be. Now we find that the Diameter of the Orb of the Earth is but two hundred times bigger then the Diameter of the Sun in the Center thereof; and therefore if the parallactical difference be found to be two hundred times more then the visible Diameter of the Star, the Star will prove but of the same magnitude with the Sun.
This Discovery of the possibility and facility of seeing the fixt Stars in the day time when the Sun shines, as I think it is the first instance that hath been given of this kind, so I judge it will be a discovery of great use for the perfecting Astronomy; as first, for the rectifying the true place of the Sun in the Ecliptick at any time of the year; for since by this means 'tis easie to find any Star of the first, second, or third magnitude at any time of the day, if it be above the Horizon, and not too near the body of the Sun: And since by a way I shall shortly publish any Angle to a Semicircle in the Heavens, may be taken to the exactness of a Second by one single observator: It will not be difficult for future Observators to rectifie the apparent place of the Sun amongst the fixt Stars to a Second, or very near, which is one hundred times greater accurateness, then has hitherto been attained by the best Astronomers. The like use there may be made of it for observing any notable appulse of the [moon], [jupiter], [saturn], [mars], and [venus], to any notable fixt Star that shall happen in the day time, which may serve for discovering their true places and parallaxes. The Refractions also of the Air in the day time may by this means be experimentally detected.
I should have here described some Clocks and Time-keepers of great use, nay absolute necessity in these and many other Astronomical observations, but that I reserve them for some attempts that are hereafter to follow, about the various wayes I have tryed, not without good success of improving Clocks and Watches, and adapting them for various uses, as for accurating Astronomy, compleating the Tables of the fixt Stars to Seconds, discovery of Longitude, regulating Navigation and Geography, detecting the proprieties and effects of motions for promoting secret and swift conveyance and correspondence, and many other considerable scrutinies of nature: And shall only for the present hint that I have in some of my foregoing observations discovered some new Motions even in the Earth it self, which perhaps were not dreamt of before, which I shall hereafter more at large describe, when further
tryals
have more fully confirmed and compleated these beginings. At which time also I shall explain a System of the World differing in many particulars from any yet known, answering in all things to the common Rules of Mechanical Motions: This depends upon three Suppositions. First, That all Cœlestial Bodies whatsoever, have an attraction or gra vitating power towards their own Centers, whereby they attract not only their own parts, and keep them from flying from them, as we may observe the Earth to do, but that they do also attract all the other Cœlestial Bodies that are within the sphere of their activity; and consequently that not only the Sun and Moon have an influence upon the body and motion of the Earth, and the Earth upon them, but that [mercury] also [venus], [mars], [saturn], and [jupiter] by their attractive powers, have a considerable influence upon its motion as in the same manner the corresponding attractive power of the Earth hath a considerable influence upon every one of their motions also. The second supposition is this, That all bodies whatsoever that are put into a direct and simple motion, will so continue to move forward in a streight line, till they are by some other effectual powers deflected and bent into a Motion, describing a Circle, Ellipsis, or some other more compounded Curve Line. The third supposition is, That these attractive powers are so much the more powerful in operating, by how much the nearer the body wrought upon is to their own Centers. Now what these several degrees are I have not yet experimentally verified; but it is a notion, which if fully prosecuted as it ought to be, will mightily assist the Astronomer to reduce all the Cœlestial Motions to a certain rule, which I doubt will never be done true without it. He that understands the nature of the Circular Pendulum and Circular Motion, will easily understand the whole ground of this Principle, and will know where to find direction in Nature for the true stating thereof. This I only hint at present to such as have ability and opportunity of prosecuting this Inquiry, and are not wanting of Industry for observing and calculating, wishing heartily such may be found, having my self many other things in hand which I would first compleat, and therefore cannot so well attent it. But this I durst promise the Undertaker, that he will find all the great Motions of the World to be influenced by this Principle, and that the true understanding thereof will be the true perfection of Astronomy.
LONDON
, Printed for
John Martyn
, Printer to the
Royal Society
. 1674.
March
28. 1683.
ORdered, that the Three
Anatomic Lectures
read on the 19, 20, and 21 days of this present Month, in the Theatre of His Majesties Royal College of Physicians in
London
, by Dr.
Walter Charleton
, Fellow of the same College, be forthwith Printed, and Published.
Tho. Coxe
, President.
THREE Anatomic Lectures, CONCERNING 1. The Motion of the Bloud through the Veins and Arteries; 2. The Organic Structure of the Heart; 3. The Efficient Causes of the Hearts Pulsation:
READ On the 19, 20, and 21 days of
March
1682/3 IN THE Anatomic Theatre of His Majesties Royal College of Physicians in
London
.
BY
WALTER CHARLETON
, M.D. And Fellow of the same College.
Published by Command of the most Learned President
.
LONDON
, Printed for
Walter Kettilby
, at the Sign of the
Bishopshead
in St.
Paul's
Church-Yard, 1983.
PRÆLECTIO
I.
Of the
Circular Motion
of the Bloud, and the admirable
Effects
thereof
.
SO plausible and favourable hath the Hypothesis of various
Ferments
, congenial to and perpetually resident in the various parts, principally in the
Viscera
of Sanguineous and more perfect Animals, seemed to many of the
Virtuosi
of this our inquisitive age; that they have not doubted to ascribe to them a powerful energy and necessary influence in all the divers Motions, all the Mutations, all the Concoctions, all the Secretions, and other operations instituted by Nature in such Animals, either for the conservation of them in their single beings, or for the propagation of their respective Species. Nor is it easie for us to name any particular function, any action, though really and manifestly Organical, which the Sectators of this Hypothesis will not presently attribute to some peculiar Ferment lurking and operating in the part, by which that action is done, and conferring (forsooth) somewhat of efficacy toward the doing of it: as if the organical constitution of that part were insufficient to the function and uses for which it was designed, without the help and cooperation of a Specific Ferment; or as if the whole Animal Oeconomy depended upon no other Harmony but that of numerose Fermantations. In a word, they make them only not Omnipotent. As
Heracli tus
the
Ephesian
dreamed [
panta psychōn einai kai daimonōn plērē
] that all places are full of Spirits and
Dæmons
, that presided over human actions:
Diogen. Laert.
in vita
Heracliti.
So these Gentlemen imagine all the parts of Animals to be full of I know not what Spiritual Ferments, that by occult influence regulate and diversifie their functions. And this Comment many have endeavoured to assert by their Writings, with as much confidence, as if the verity of it were evident, either from cogent reasons, or by Autopsy: when in truth they are no more able to prove by solid Arguments, or by sensible demonstration, the existence of many of their imaginary Fermentative liquors or Spirits in the dissected parts, to which they are pleas'd to consign them; than
Heraclitus
was able to exhibit to mens sight any one of his
Dæmons
. I say,
many
of their imaginary Ferments; I do not say,
any
. Because the
Acid Phlegm
found in the Stomachs of various Animals, may perhaps so far emulate the nature of a Ferment, as to deserve the same name. For being endowed with an incisive, penetrating, and dissolving faculty; 'tis not improbable but it may conduce to the dissolution and liquation of solid meats, and together with the drink, serve, as a fit
Menstruum
, to extract the laudable and alimentary parts of them,
ad modum tincturæ
. But this liquation of solid meats in the Stomach, seems to be effected by motions placid, gentle, and imperceptible in the state of health; not by those violent commotions and irrequiet agitations that always proceed from, and accompany Ferments properly so call'd, during their working: as all men that enjoy good health, feed soberly, and keep a regular course of diet, may easily observe in themselves. And therefore this Acid Phlegm cannot properly, and in Philosophical strict ness, be referr'd to the family of Ferments. The same may with equal reason be said also of the
Bile
and
Pancreatic
juice commixt in the
Duodenum
. They may perhaps conduce somewhat to the farther attenuation and exaltation of the Chyle; they may also promote both the separation of the Nutritive from the Excrementitious parts of the same Chyle, and the insinuation and permeation of the former through the coats or membranes of the Guts into the milky veins: all this they may do, and yet not by way of Fermentation, whereof there is neither necessity, nor sense
in statu sanitatis
; and to argue from a preternatural state to a natural, is a Paralogism. Now if neither of these two so much celebrated Ferments, hath any more right to that denomination, than what is precariously derived from some remote and slender analogy or semblance imagined to be betwixt their nature, qualities, and effects, and those observed in genuine and true Ferments; as certainly neither of them yet appears to have: What ought we to think of all the rest of invisible Ferments supposed to reside in places, where hitherto they have never been found? Why may we not, till they shall be by Anatomical and other convincing experiments shewn to us, believe that they have existence no where, but in the brains of fancyful men? For my part, I blush not, even in this venerable Assembly of most Learned men, where I have as many Judges as Auditors, openly to profess my self to be of this belief: because
de non apparentibus, & de non existentibus eadem ratio est
; and because I have heard an eminent Member of this first and more ancient Royal Society, a man renowned over all Europe for his Philosophical and Anatomical Writings, deliver this judgment of the multiplicity of Natural Ferments fancyed to be in the body of an Animal, that they were a new-found
asylum ignorantiæ
. I say, of
Natural
Ferments; lest what I have said should be detorted to the exclusion of
Præternatural
Fermentations, which I do not deny to be incident sometimes to the bloud and other humours of the body, more signally in Fevers, and some other acute diseases: though perhaps not so often as vulgar Physicians imagine.
What I have hitherto said, may perchance seem to some of my
Auditors
to be a digression; and they may be apt to think, that I have made my first step in a wrong path. I am therefore obliged, in my own defence, to advertise them, that having proposed to my self to enquire strictly into the natural necessity or Mechanical reasons of the Motions of the Bloud; and finding the aforesaid Comment of Ferments lying, like a block, in my way: I thought it concern'd me rather to remove than to leap over it, and leave it for others to stumble at. For, some there are, and those too, men whose names are deservedly celebrated for their profound knowledge both in Anatomy and the Mathematicks, who in their books have professedly taught,
that even the bloud it self
, the seat of life,
also undergoes a certain natural Fermentation in the heart, lungs, and greater arteries, as necessary to its perfection and vitality
.
Joan. Alphons. Borellus
de Motu Animal.
part. 2. pag. 76. Willisius
de Ferment.
A doctrine, which to me (I profess) seems very improbable, and inconsistent with the wisdom of Nature.
Improbable; First
, Because of all the various liquors found in the body of an Animal,
in statu Naturæ
, the bloud seems of it self least prone to Fermentation; which is incident chiefly, if not solely, to new and musty liquors: whereas the greatest part by much of the bloud is old, and by repeated Circulations well defæcated in its proper Emunctories, and by insensible transpiration; and by consequence needs no Fermentation. True it is indeed, that new Chyle is ever now and then brought into the rivulet of the bloud, out of the common cistern thereof, by the
ductus thoracicus
and the
Subclavian
vein, for a recruit: but in a quantity so small (a few drops perhaps at once; for more will not be found to bear a just proportion, either to the capacity of the common
Receptacle
of the Chyle, which is but little, or to the narrowness of the Pipe leading from thence to the
Subclavian
vein) as cannot in reason be thought sufficient to perturb and excite a fermentation in the bloud, with which it is mixt. If a greater quantity of Chyle were mixt with the bloud at one time; certainly the bloud would soon lose its native purple, and put on the white livery of the Chyle, especially in the descending part of the
Vena cava
, where the commixture is first made: which yet no Anatomist (for ought I know) hath ever observ'd.
Secondly
, When Ferments are commixt with liquors consisting of heterogeneous particles, they are generally slow in exerting their power, and by degrees insinuate and diffuse their active particles through the whole mass, before they can so far prevail, as to raise an universal commotion and tumult in them; as common experience testifies: but the newly commixt Chyle and bloud are in a moment, at most in the space of a few pulses of the heart, rapt out of the
Vena cava
, first into the right Ear, and then into the right Ventricle of the heart; so that here is no
morula
, no competent space of
time
given, to excite an actual fermentation.
Thirdly
, Here is wanting also convenient place. To all Fermentations is required fit room, wherein the liquors may have liberty to undergo an impetuose commotion and agita tion of all their dissimilar and contrasting particles; nor will the Must of Wine it self ever ferment, if it be kept in close and strong casks, as appears from the making of
Stum
: but the
Vena cava
, the Heart, and Arteries are fill'd with bloud even to distention, till by their
Systole
they squirt it forth, and then in the next moment they are replenished. What room then is left for the bloud to ferment in? Seeing therefore that the bloud is by its own constitution unapt to ferment, as bearing a greater analogy to the nature of Milk, than to that of Wine, whatever the
Willisians
have said to the contrary; and seeing that neither the small supplies of Chyle which it daily receives, are sufficient to induce, nor the shortness of the time in which it passes through the
præcordia
, nor the want of convenient room, permit a fermentation: what reason have we to assent to their opinion, who teach, that a fermentation of the bloud is necessary to its perfection and vitality? especially if we farther consider, that the same opinion is also
Inconsistent with the Wisdom of Nature
. Whose custom always is, to institute the most direct and compendious methods, for the attainment of her ends; nor ever to use many instruments, where one may suffice, to effect what she hath design'd: abhorring to multiply things, without inevitable necessity. To this her admirable Wisdom then it is injurious, to imagine, that when she had ordained in the bloud a certain placid, regular, and benign motion, by which all the heterogeneous ingredients or constituent parts of it, should be so agitated among themselves, as by their mutual conflict to produce an alternate expansion and contraction, from whence a vital heat results, and upon which original life continually depends: she should notwithstanding institute a second intestine motion, to be at the same time, in the same subject performed,
viz.
a Fermentation; which seems unnecessary at best, and which probably might not only hinder, and impugn, but also destroy the former. A Fermentation would indeed raise a tumultuous agitation of the same dissimilar elements of the bloud: but such as would be violent, irregular, and of a far different manner from the Vital
Mication
. But not to insist now upon the manifest disparity of these Two Motions, which may more opportunely be collected from what I shall soon say of the genuine and true one; let it be supposed at present, that both may operate in the same manner, and produce the same effects in the bloud, as to the attenuation and comminution of the grosser, viscid, and unagile parts; and the facilitation of the expansive efforts of the Spiritual, volatile or elastic: yet still it will remain to be inquired, why Nature should institute Two Motions, where either of the two might singly do her work as well, if not better. If therefore any defendent of this opinion, which I have here,
en passant
, impugned, shall vouchsafe so far to illuminate my gloomy understanding, as to solve this Problem: I shall acknowledge the favour, and recant my opposition of it. Mean while, I will suspend the farther consideration thereof, and now address my self to the more important part of my present province, the
true and undoubted Motions of the Bloud, viz.
the
Mication
, and the
Circulation
: by both which, though divers in their origines and kinds, yet mutually helping each other, and conducing the one to the accension as it were of original life, the other to the distribution of influent life, the bloud is perpetually moved in the vessels that contain it.
By the FORMER of these, the
vital spirits
, or if you please the
elastick particles
of the bloud, now passing through the Ventricles of the heart, from their own natural force or expansive energy, endeavour to expand or unbend themselves; while the grosser and viscid parts resist that endeavour to expansion, by compressing them. Hence instantly, and by natural necessity, arises a certain
Colluctation
or mutual striving betwixt the expansive motion or endeavour of the Vital Spirits, on one part, and the renitency of the grosser parts of the bloud, on the other. And from this
Colluctation
, an
actual heat
is quickly excited or kindled in the bloud: actual heat being nothing else but an expansive luctation of the particles of the body or subject in which it is, as I professedly labour'd to evince from various instances, and a strong chain of propositions, when I first had the honour to sit in this Chair. Moreover, because this expansive luctation is not violent, nor unequal, nor irregular, nor consequently noxious or hostile to the nature of the bloud; but on the contrary always (
in statu Naturæ
) moderate, equal, regular, amicable, and tending not only to the conservation of the bloud, but also to the exaltation of all its faculties and operations: and because it proceeds from an internal principle, from the energy of the vital spirit contain'd in and ruling the bloud, or (if this be more intelligible) from the Elasticity of the aereal particles commixt with the bloud: therefore the brisk motion or heat thence resulting, is also
vital
. For in that very expansive motion of the bloud, doth the formal reason of
life
originally consist: which Theorem also I have formerly, in this place, endeavour'd to explicate and establish. This admirable motion, from the various notions or conceptions which Learned men have formed of it in their minds, hath acquir'd various
names
. By some it is call'd
motus sanguinis intestinus sive spontaneus
, be cause it arises from an internal principle, the expansive endeavour of the spirituose, or elastic parts of the bloud, and to distinguish it from the circular motion, which is impress'd by an external Movent,
viz.
the Heart. By others,
Motus fermentationis vitalis
, from the similitude they fancyed between it and common fermentations: but improperly, for the reasons by me just now alledged. By others again
Alphons. Berellus
de mot. animal.
,
motus oscillatorius
, from the resemblance it hath of the Oscillation or swinging of a Pendulum, whose motion describes a
Cycloid
Christianus Hugenius,
de Motu horologii oscillatorii
, part. 1
, and by others
Glisson.
lib. de ventriculo & intestin.
& Charleton,
Oeconomiaelig; Animalis exercitat.
6.
,
Micatio sanguinis
, the panting, or reciprocal expansion and compression of the parts of the bloud. Of these denominations, the two last seem to me more fully and emphatically than the rest to signifie the nature and manner of the thing denominated; as equally comprehending the double motion in a single appellation. Wherefore I intend hereafter to use these promiscuously, when there shall occur to me any occasion of mentioning the same motion. Mean while, I proceed to
The LATER motion, the CIRCULATION of the Bloud; the most noble and most useful of all modern inventions, first obscurely hinted (as some think) by
Cesalpinus
, but afterward with prodigious sagacity, most exact judgment, and happy diligence investigated, and with such convincing evidence demonstrated by our immortal Dr.
Harvey
, that now the verity thereof is no longer doubted of in the world.
In Exercitat. Peripatet.
I wish the same were as well understood, as it is generally acknowledged: and lest I be thought only to wish this excellent knowledge, and of so great importance to Physicians, I will now again do my best devoir to explain so much of the mystery, as I my self have formerly left not sufficiently explicated: omitting to recite what is vulgarly taught in the Schools and Books of Anatomists, and touching only those things, which have been either pretermitted, or not rightly explicated by others, concerning the
Causes, Mechanical modes
, and
circumstances
of this
life-conserving
motion.
There intervenes (ye know) a double pause or respite, which by Anatomists is call'd
perisystole cordis
, between the two contrary motions of the heart; one betwixt the
diastole
and the
systole
, another betwixt the
systole
and the
diastole
: and this of absolute necessity, because it is impossible, that the same body should perform two contrary motions, without a
morula
or space of time, how short soever, be interposed betwixt them. Ye know also, that the force impelling the bloud, which is the Compression of the heart, doth not act continually, but interruptedly or
per vices
, short and almost isochronic or equal quiets interposed: So that the bloud express'd by the heart, doth not flow thence in a continued course, as rivers and fountains do, that are without intermission carried on by the weight of their waters; but gush forth and stop alternately, though this vicissitude be exactly regular, and proceeds in a constant order. Now these things considered, it may seem consentaneous to conclude, that the motion of the bloud cannot be
continuus
, since two pauses or quiets are interposed betwixt every two pulsations or
Systoles
of the heart, during each of which the motion ceases: but on the contrary ought to be esteem'd and call'd an
interrupted
and
mixt
motion. And yet notwithstanding the verisimilitude of this conclusion, I doubt not to lay down and expose to your examination this
First PROPOSITION,
That the bloud is carried in a round through the body of an Animal, in a truly continued, and never interrupted motion.
This perhaps may sound like a Paradox: but that shall not a-whit discourage me from asserting it, while I remember that remarkable sentence of
Minutius Felix
(in
Octavio
)
Inest & in incredibili verum, & in verisimili mendacium.
Though it be true and evident, that the heart doth not, in the time of its pauses, express any Bloud into the Arteries, yet it is not true, that the bloud contain'd in the Arteries, in the
Viscera
, in the habit of the body, and in the Veins, doth at the same time stagnate, and stop its course: but on the contrary is always carried on in its journey, though with unequal velocity.
First
, the Verity of this appears in the
Arteries
. For the afflux of bloud from the heart being wholly intercepted, either by a Ligature applied to the
aorta
at its original, or by cutting out the heart it self, as is commonly done in Frogs and Vipers; we see, that nevertheless the bloud wherewith the Arteries were fill'd, is by degrees squeez'd out, so that they are soon after left altogether empty. And doubtless this exinanition of the Arteries happens, because they by their own spontaneous motion constringe themselves, and contracting their Circular Fibres, express the bloud into the habit of the parts: and are at the same time compress'd also by the contraction and tension, or the peristaltick motion of all the Muscles of the Body. From the observation of this vulgar Phænomenon,
viz.
the emptiness of the Arteries in dead bodies; the
Ancients
perhaps took occasion to believe and teach, that not bloud, but only Vital Spirits are contein'd in the Arteries.
Secondly
, this appears also in the
Veins
. For, that the bloud doth continually flow on in them likewise, not only when it is urged forward by the Arterial Bloud pursuing it, but even in the time of the hearts pauses; is evinced from this, that then the bloud runs on through the trunk of the
Vena cava
to replenish the right Ventricle of the heart. But why do I mis-spend time in alledging reasons to prove a truth that is manifest to sense in Phlebotomy? no sooner is a Vein open'd, than the Bloud flows forth with a swift stream, and while the wound is open, continues to flow without pauses or interruption, which is a demonstration of the thing proposed,
viz.
of the continual motion of the Bloud in the Veins.
Being thus assured of the effect, let us proceed to investigate the
Causes
; which are not equally evident, nor can we hope certainly to solve this Problem, without enquiring the Mechanical reason of the continual motion of the Bloud through the Veins. This therefore I will now attempt to do. That Nature hath instituted no immediate Communication betwixt the Capillary Arteries and the Capillary Veins,
per anastomôsin
, is manifest to sense, and now acknowledged by all Learned Anatomists: and therefore it cannot stand with reason to imagin that the Bloud in its Circular course is emitted immediately out of the Arteries into the Veins, these vessels being separate. And though we opine, that there is some secret communication betwixt the extreme Orifices of the Arteries and those of the Capillary veins, by the intermediate Spongy substance of the flesh,
Viscera
, and glandules, or by the Cribrose substance of the Bones, as by the Pores of a Pumice stone: yet we are still to seek, by what
motive force
the bloud may be carried on from those intermediate Porosities, and insinuated into the veins.
First
, because 'tis consentaneous, that the impulsive force, whereby the
Systole
of the heart squirts the Bloud into the Arteries, is by degrees weakned, and at length languid in those streights of the extreme vessels, and of the intermediate Porosities.
Secondly
, Because the Orifices of the Capillary veins cannot continue always open and dilated; their consistence being not hard and bony, but membranose, soft and slippery; so that they are apt to be closed by conniving, and consequently to hinder the ingress of the bloud newly arrived.
Thirdly
, Because here we can have no recourse to the
compression
of the
Viscera
, and the Muscles, whereby the bloud should be squeez'd into the Orifices of the Capillary veins; for we see, that the bloud is suckt up by the Capillary veins, not only when the Muscles are invigorated and upon the stretch, but also when they are quiet and relaxed, and do not exercise their compressive power; as is most evident in sleep, when the
Circulation
proceeds without intermission. This is confirm'd from hence, that in the Brain, in the Medullary substance of the bones, where no compression can be admitted, the Capillary veins receive the bloud as freely as in the softer flesh it self. Seeing then that the
effect
cannot be denied,
viz.
that all the bloud effused out of the Arteries is after absorpt and carried off by the Veins, to be brought back again into the heart; and seeing also that this is not effected by way of
Attraction
, there being no such thing as attraction in Nature, as I have more than once elsewhere proved: we are compell'd to assert, that the Bloud is imbibed by the Capillary Veins for the same reason, and by the same Mechanick action, by which Syphons, Sponges, Filtres, Chords, and all Porose bodies are penetrated by water with which they are moistned: which power is no other than the
gravity
of the fluid it self, which is augmented by the
impetus
of its proper motion, and by the impulse communicated to it from external force. So the motive force of
Gravity
, which the bloud can want no more than water can, when it finds the small chanels of the Capillary veins open (for they can never be so closely constringed by the flagging and connivency of their thin membranes, as to leave no entrance for a fluid; as appears in the Pores of Ropes how hard soever twisted) must of necessity overcome the weak resistence of the streights in all Filtres and Porose bodies: and consequently the bloud may be insinuated into the Capillary veins by a Mechanic action like that of Filtration. If this proposition be true, the greatest difficulty occurring in the whole mystery of the Circulation of the bloud, is now at length solved.
The bloud having in this manner passed the aforesaid streights, and entred into the Canales of the small veins, by the same motive force, whereby it was insinuated (for such an ingress is not possible without motion) may be advanced a little farther in its way by its proper force, and by external force, and also by the impulse of the new bloud following behind; as we see water suckt up by a Filtre, to be carried on to the end of the list. Afterward, because many small veins meeting together, make one wider
ductus
or pipe; and because in this larger pipe the former impulsive force of necessity grows more and more languid and faint by degrees, and by consequence the motion of the bloud is retarded: therefore it stands in need of some auxiliary forces, to be carried on the rest of its journey. These are,
First
, the force by which the Circular Fibres of the Veins, that naturally have a peristaltic virtue, contract themselves always after they have been stretch'd, as all Nervose and other
tensile
bodies are observ'd to do:
Secondly
, The Compression of the Veins by the weight of the Circumambient air or Atmosphear, and the Elastic virtue of the air inspired:
Thirdly
, The Tonic motion of the Muscles, when they act; together with the various motions of the
Viscera
, and of humours discurrent through the body; all which more or less compress the veins. Now, that the manner how this compression promotes the continual decurse of the bloud in the Veins, may be the more fully and clearly understood; I will take liberty to lay down this
Second PROPOSITION.
That by the artifice of the
Valves
, the Compressions of the Veins protrude the Bloud toward the heart with a motion doubly swifter; not indeed in a continual flux, but with little pauses interpos'd, and with unequal velocities
We here behold in the
Grural
vein slit open from end to end, certain
Valves
placed at unequal distances in the inside of the Vein:
Figure
I.
which for demonstration sake are accurately represented in this
Figure
expos'd to sight.
Figure
II.
These
Valves
(ye see) are nothing but half pockets of a membranose substance, or little bladders affixt to the sides or walls of the Vein, and resembled by AONMP. and BONQR. They are found sometimes single, sometimes in pairs placed one opposite to the other, and laterally touching each other; as at NO. the convex tops of which pair respect the Capillary beginnings of the Veins beyond HL; but the Orifices of their cavities PO, RO, open toward the heart, have respect to the parts IK. Now I am to demonstrate, that from this structure and situation of the Valves, it is necessary that the Bloud be protruded toward the heart. Imagine then, that the same portion of the Vein HMQL is replete with bloud; and because by the circular Fibres of the Vein itself, and by the ambient Muscles, and perhaps also by the gravity of the Atmosphear, one part of the Vein is constringed after another all along; it must be, that the lateral walls ST come nearer to each other toward V: and then the Vein so girded will lose its Cylindrical form, and be turn'd into two little funnels, HVL, MVQ; which are less capacious than the former Cylinder, and therefore the bloud which was contained in the spaces VHS, and VLT, will be expell'd out of the Orifice HL; but the remaining quantity of bloud contained in the spaces VSM, and VQT, will be squeez'd without the Orifice MQ, toward IK. It appears then, that from the abovementioned compression of the sides or walls of the Vein, the bloud is express'd in equal quantity to the opposite parts; and this would certainly happen, if the Valves were removed. But because to the walls of the Vein within, MP, QR, are fastned two Valves; it is necessary, that the bloud impuls'd by a compression made in ST, be forced through the narrow chink NO; because the yielding fluid contain'd in the cavities of the Valves, and urged by the advenient bloud, is constringed, and thrust out of them; and then instantly the sides of the Valves, that before touched each other, NO, receding one from another, leave an open way, by which the flux of bloud coming on from MSTQ, may be insinuated, and pass forward beyond AB. Again, after the bloud hath passed the confines of the Valves PO, RO, there necessarily follows a restriction of the little chink NO. For, the bloud it self must, by reason of its heavy bulk, and fluidity, fill the little baggs of the Valves, and so their soft and pliable sides being dilated till they mutually touch, ought closely to shut the
rimula
NO.
Moreover, because the Vein is not constringed in all its parts at the same time, but part after part succes sively; therefore after the bloud is transferr'd beyond the Valves within the little funnel ABCD, there follows a constriction of the walls AD, BC, in the same time, in which ST is not constringed. And because by reason of the close shutting of the
rimula
NO, half the bloud, that was contain'd in the spaces EAG, FBG, cannot flow back toward AB, finding the obstacle AOB fill'd with bloud, and retain'd by the Valves; it is compell'd with a reflex motion, like that of a Tennis-ball rebounding from the wall, to flow toward DC: and since by the same compression, the Bloud that was contain'd in the spaces EDG, FCG, is protruded beyond DC: therefore a double quantity of bloud is in the same time, in which the compression is made, expelled through that same aperture DC: but when a double quantity of a fluid is in the same time emitted at the same Orifice, it must run out with a double Velocity. Thus is our Proposition verified. And as to
single
Valves; from what hath been said of the use of double, it may easily and genuinely be inferred, that they also help to promote the course of the bloud, though but half so much as the double. Wherefore Natures wisdom is admirable in placing single Valves both at less distance one above another, and for the most part where the Cavity of the Vein is a little narrower, or where a less Vein laterally exonerates it self into a greater: in both which cases the necessity of this demonstrated acceleration of the motion of the Bloud, seems to be less. In the trunk of the
Vena cava
no valves are found; as well because of its ample Cavity, as because of its contiguity to the trunk of the great Artery, by whose pulsations it cannot but be somewhat compress'd, and consequently the Bloud flowing through it, proportionately promoted. In the
Jugular
veins also none have yet been ob served; probably because in them the bloud descends swiftly enough, from its own weight and fluidity. In
small
veins they are not placed; unless in the
Coronary
veins of the heart, just at the place where they empty themselves into the right Ventricle of the heart: and of these too the use is, not to promote the course of bloud, of which there is no need in so small a circuit; but only to prevent the reflux of it out of that Ventricle, in the
systole
of the heart, as appears from their situation, and from their conformation. Nor are any found in the
Arteries
, in which the bloud, with mighty force impulst by the constriction of the heart, and of the Arteries, needs no additional machine to accelerate its motion: except those that are placed in the inlet and outlet of the left Ventricle, to obviate the regurgitation of the bloud into the
arteria venosa
, and out of the
aorta
into the left Ventricle; and the two very little Valves fited in the two
Coronary
Arteries, at their origine from the
aorta
, to prohibit the regress of the bloud into the
aorta
. ¶ [because]
If this Artifice of the Valves affixt within the veins be so necessary to promote the reflux of the bloud toward the heart; certainly he that first discovered them, deserves to be remembred with honour. But who was that fortunate man?
Fabricius ab Aquapendente
put in his claim to the glory of the invention, as wholly due to himself; in these very words.
Tractatu 4. de venar. Ostiolis.
De his itaque
[ostiolis nempe venarum]
locuturus, subit primùm mirari, quomodo ostiola hæc, ad hanc usque ætatem, tam priscos, quàm recentiores Anatomicos adeo latuerint; ut non solùm nulla mentio de ipsis facta sit, sed neque aliquis prius hæc viderit, quàm Anno Domini Septuagesimo quarto supra millesimum & quingentesimum, quo à me summa cum lætitia inter dissecandum observata fuere.
But
Padre Fulgentio
professly ascribes the invention to that prodigy of Wisdom, Learning, and Virtue,
Padre Paolo
the
Venetian
: at the same time openly accusing
Aquapendens
of disingenuous arrogance and theft, for challenging to himself the honour of having first discovered the Valves, to which he had no right; and for stealing the glory due only to Father
Paul
. The sence of his impeachment is this.
In vita Patris Pauli.
"The whole Tractate concerning the Eye, which passeth under the name of
Aquapendens
, or at least so much of it as contains new and rare Speculations and Experiments, is the work of
Padre Paolo
; whereof I have had speech with some, that were eye-witnesses, and knew that a due part of the praise was not attributed to him that deserv'd it all. But much more in another matter of more moment, which was the finding out of those
Valvulæ
, those inward shuts or folds that are within the Veins. Of which argument I do not find, that any, either ancient or Modern, hath made mention; because it was a thing unthought of till these times, when
Aquapendens
moved the question in a publick Anatomy. But there are still living many eminent and Learned Physicians, among whom are
Santorio
, and
Pietro Asselineo
a Frenchman, who certainly know, that it was no Speculation, nor invention of
Aquapendens
, but of
Padre Paolo
. Who considering the weight of the bloud, grew into an opinion, that it could not stay in the Veins, except there were some bunch to hold it in, some folds or shuttings, at the opening and closing of which there was given a passage and necessary
Æquilibrium
to life. And upon his own natural judgment he set himself to cutting with more accurate observation, and so found out those
Valves, &c.
"
Having thus faithfully recited the Pleas of these two great men, I leave it to you to decide the controversie, and to fix the Laurel on the head of which of the Competitors you please. For my part, if my judgment were considerable, I should declare my self on
Padre Paolo's
side, as to the invention; and allow to
Aquapendens
the honour of being the first that by writing made the thing known to the world. Understand me, I beseech you, only of the Valves themselves, not of the
true use
of them, which neither
Aquapendens
, nor the
Father
had the happiness to discover.
Not
Aquapendens
; because of the two
uses
by him assign'd to these Valves (which he most improperly named
Ostiola
) namely the
corroboration of the Veins
, which might otherwise be by the bloud every where distended and broken into
varices
; and the
retardation of the bloud
in the Veins, that so all parts of the body might have time to take in their due shares of bloud, for their nourishment, and not have their meat (forsooth) snatcht away before they have fill'd their bellies: of these two mighty uses, I say, neither is true, and both are raised upon this Supposition, that the course of the bloud is out of the greater and superiour Veins into the smaller and inferiour; which is most evidently false even by the testimony of the sight. But lest I be thought, either not well to understand, or to misrepresent his meaning; I am obliged to recite his own words.
Aquapend.
Tract. 4. de Venar. Ostiolis.
Nam cùm in varicibus, in quibus aut laxari, aut rumpi Ostiola par est, plus minusve dilatatas semper venas conspiciamus; dicere proculdubiò tutò possumus, ad prohibendam quoque venarum distensionem fuisse Ostiola à Summo Opifice fabrefacta, &c.
Thus far then I have done him no wrong. He proceeds.
Erat profectò necessaria Ostiolorum constructio in artuum venis, quæ non exiguæ, sed vel magnæ, vel moderatæ sunt magnitudinis; ut scilicet sanguis ubique eatenus retardetur, quatenus cuique particulæ alimento fruendi congruum tempus detur, quod alioqui propter artuum declivem situm consertim ac rapidi fluminis instar in artuum extremitates universus conflueret, ac colligeretur, idque tum harum partium tumore, tum superpositarum marcore.
Here also I have faithfully interpreted his words, and ye see that he thought the contrivement of the Valves necessary to retard the motion of the bloud, because he took it for granted, that the bloud descended through the greater Veins into the less: grossly erring in both opinions. For, that the
former
is false, we have seen demonstrated from the construction and situation of the Valves themselves: and that the
latter
also is false and absurd, is known to all who understand any thing of the Circulation of the Bloud. To these errors he hath in the same Page added a
third
much more extravagant; which is, that the bloud is by a flux and reflux perpetually carried forward and backward in the Arteries. For, attempting to give the reason, why Nature hath framed no Valves in the Cavities of the
Arteries
, he saith;
Arteriis autem ostiola non fuêre necessaria, neque ad distensionem prohibendam, propter tunicæ crassitiem, ac robur neque ad sanguinem remorandum, quòd sanguinis fluxus refluxusque in Arteriis perpetuò fiat.
It appears then, that this famous Anatomist, who in many other things deserved well of the Commonwealth of Physicians; had no just title to the honour of having first invented the true and genuine use of the Valves: nay, that he understood no more the Mechanic reason of their conformation, than if he had never heard of or seen them.
Nor in truth did Father
Paul
(whom yet I never can mention without secret veneration) if the afore recited account, and what follows immediately after, given by his most intimate friend during his life, and after his Historian,
Fulgentio
, be true and full. For in
Fulgentio's
narration of the manner how the
Father
came first to find out the
Valves
, there is this passage. "And upon his own natural judgment he set himself to cutting with more exquisite observation, whereupon he found out those
Valvulæ
, and the right use of them; which do not only stop and hinder the bloud from dilating it self by its weight into the Veins (as we observe in some crooked and swell'd knots) but also that bloud running up and down with so much liberty, and in so great quantity, it might easily suffocate the natural heat of those parts, which ought to receive their nourishment from it.
"
Whence it is plainly apparent, that the
Father
also attributed a double use to the
Valves
: one, the very same with the former dreamt of by
Aquapendens
, who probably borrowed it of the
Father; viz.
to prevent the dilatation of the bloud into
Varices
, by stopping its impetuous motion up and down in the Veins: the other, quite contrary to
Aquapendens's
second use,
viz.
to prevent a surfeit of the parts upon too much bloud, and an extinction or suffocation of their natural heat by that excess; whereas
Aquapendens
fear'd they would be famisht, if the Valves did not detain their food, as
Tantalus
is feign'd to be. Now if these were truly the
Father's
Sentiments concerning the Valves, certainly he had no right conception of Natures design in making them; as may be collected from the precedent demonstration of their true use.
To come then to a conclusion, and draw all the lines of this scrutiny to a point; since it is evident, that neither Father
Paul
himself, nor his disciple
Aquapendens
had a right notion of the proper use of the Valves; and that both believed the bloud to flow out of the greater Veins into the less, which the Fabric and situation of the Valves plainly contradict: it necessarily follows, that neither of them could be Author of that much more noble and more difficult invention of the CIRCULATION of the bloud, which it was morally impossible for any man to deduce from their absurd opinions concerning the use of the Valves, and the glory of which is wholly due to that incomparable man Dr.
HARVY
. Who by admirable Sagacity of Spirit, by numerose Experiments and Observations Anatomical, and by assiduous Meditation, perhaps also by the secret Manuduction of Fate, that had reserved the secret for his knowledge, attained at length to the invidiose felicity of finding it out, and revealing it to the world. I wonder therefore that some men of not obscure names in the Catalogue of Anatomists, have shewn themselves so ungrateful and envious toward this immortal man, as to ascribe this divine invention to
Padre Paolo
: I mean,
Joh. Walæus
and
Tho. Bartholinus
. The former of whom doubted not to write thus.
Joh. Waæus
epist. 1. de motu Chyli & Sanguinis
.
Vir incomparabilis
Paulus Servita Venetus
Valvularum in venis fabricam observavit accuratiùs, quam magnus Anatomicus
Fabricius ab Aquapendente
postea editit, & ex ea Valvularum constitutione aliisque experimentis hunc sanguinis motum [puta Circularem] deduxit, egregioq; scripto asseruit, quod etiamnum intelligo apud Venetos asservari. Ab hoc
Servita
edoctus vir doctissimus
Gulielmus Harveius
sanguinis hunc motum accuratiùs indagavit, inventis auxit, probavit firmiùs, & suo divulgavit nomine.
The
other
had the confidence to affirm, that
Veslingius
had communicated to him, as a secret never to be revealed (forsooth) to any third person, that the Circulation of the bloud was the invention of Father
Paul
the
Servite
, who had written a book of it, which was in the custody of
Fulgentio
at
Venice
.
Thom. Bartholin.
epist. Medicinal. centur. 1. epist. 26.
To refute this palpable fiction, to what I have already said of Father
Paul's
ignorance of the right use of the Valves, I need add only this, that if
Fulgentio
had had in his hands any such Manuscript of the Fathers, as these Detractors have imagined; 'tis wonderful strange he should never so much as mention either that or the Circulation in his whole History of the Father's life; when of all the subtle Speculations and discoveries of natural secrets by him attributed to the
Father
, nothing would have so much conduced to the propagation of his glory, as that. Here therefore I put an end to this long digression, to which the necessary contemplation of the Valves gave an inviting occasion, and which, being intended only to do right to the venerable memory of Dr.
Harvy
, all lovers of truth, as well as all Members of this Noble Society will (I presume) easily pardon. ¶ [therefore]
Having inquired into the velocity of the motion of the bloud in the Veins, and the mechanic causes thereof; let us next consider the velocity of the motion of the same bloud in the Arteries. For the clearer understanding of which I lay down this Third Proposition,
PROPOSITION III.
That the Arteries of an Animal, their constriction or pulsation being complete, do not remain wholly empty of Bloud.
Evident it is even to sense, that all the veins of a Sanguineous Animal taken together, are larger or more capacious, perhaps in a quadruple proportion, than all the Arteries put together: and the whole mass of bloud runs through all both Veins and Arteries, which mass in full-grown men commonly exceeds not 18, or 20 pints: and though the Veins, by reason of their transparent coats, always appear full of bloud, yet a man may doubt, whether the Arteries also be always full; that is, whether they only give passage to the bloud in the time of the pulsation, and then in the time of their quiet remain wholly empty, or not. To resolve this doubt therefore, I say, that the Arteries, if they were wholly empty in the intervals of their pulsations, then being laid naked to the sight, they would appear constringed and lank, like chords extended: but our eyes assure us, that on the contrary they retain their round and plump figure, and being press'd by the finger resist the pressure; neither of which can possibly consist with a total exinanition. Again, the Veins being laid naked, if, after the pulsation of the heart, the Arteries remain'd empty; then certainly would the pipes of the Veins by the quantity of 5 pints of bloud crouded into them more than what they are proportion'd to contain, be distended at least a third part more than they ought: but this is sensibly false, for their coats are not distended beyond their usual rate.
Ergo
, the Arteries are at no time wholly empty.
Moreover, in Animals whose Arteries are transparent, as in Snakes, Vipers, Eels, Froggs,
&c.
we may from their Purple or bluish colour perceive the Arteries to be full of bloud. Which is alone sufficient to evince, that the Arteries do not remain empty after the pulsation of the heart, but contain at least a 4
th
part of the whole mass of bloud, which in a man is about 5 pints.
Yet farther, the Arteries, in the moment of their pulsation, are highly turgid, when yet not above 3 ounces of bloud is emitted into them by the
Systole
of the heart. Therefore, if before the
Systole
the Arteries were wholly empty, a space 20 times greater than their bulk is, would inevitably be filled by the 3 ounces of bloud emitted by the heart: but this certainly is impossible without such a rarefaction of the bloud, which no man of common sense will admit. Therefore to replenish so great a vacuity in the Arteries, there must come into them five pints of bloud, either from the heart, or back, out of the Veins: but neither of these is possible in nature.
Let us add, that 3 ounces of bloud emitted by the
Systole
of the heart, cannot fill a space greater than half a foot of the next Arteries to the heart. Therefore, if the Arteries were empty before the
Systole
; truly all the rest of the Arteries would remain empty also in the following
Systole
; and consequently could not beat at the same time with the heart, and the Circulation of the bloud through them would be interrupted or discontinued, contrary to the mechanic necessity thereof.
In fine, we are convinced by common experience, when an Artery, whether it be great or small, is cut, the bloud is in every pulsation squirted out with mighty violence. Now it is impossible this should happen, unless all the Arteries were full of bloud all along from their beginning to their end; because the violence of the stream of bloud gushing from the incision, hath no other efficient cause, but the protrusion of the bloud coming on behind and urging the antecedent. But in the following pulsation there is an accession of no more than 3 ounces of bloud; which cannot by its quantity replenish half the capacity of the Arteries. Therefore unless there remain, after every pulsation, 5 pints of bloud in the Arteries, they cannot be made turgid again in the following pulsation. So that nothing is more certain or more evident than this, that in a living Animal the Arteries are never empty.
Quod erat ostendendum
.
From the præcedent Theorem naturally arises this
Consectary
:
That after the pulsation of the heart, there remains in the Arteries the 4
th
part of the whole mass of bloud conteined in the body of an Animal; and in a man commonly about 5 pints: and that the proportion of bloud expressed by the Systole of the heart into the Arteries, is about one twentieth part of the bloud contain'd in them. As also that 3 ounces of bloud ejected out of the heart into the Arteries, fill a space in the Arteries next to the heart no greater than half a foot, namely so much as is triple, or quadruple to the latitude of the Ventricles of the heart.
PROPOSITION.
That the motion of the Bloud in the Arteries, is threefold swifter than the motion of the Heart, that impells the Bloud;
Because in the same time are absolved all these motions,
viz.
the dilatation of the Pores of the heart, the restriction of its Cavities by the swelling inward of the walls of the Ventricles, the expulsion of the bloud contein'd in the Ventricles, the motion of the expulsed bloud in the Arteries, and the promotion of the mass of bloud præexistent in them, caused by the urgency of the new bloud coming on out of the heart: all these actions, I say, are performed in the same time.
And it appears, that the three former operations are performed with the same velocity in the heart, because the Fibres of the heart, by reason of their abbreviation, are with the same motion moved through the same space of the amplitude of the Ventricles, through which they are moved by restringing the same Ventricles, and squirting out the bloud that was conteined in them. And the two last operations likewise are performed with the same velocity. For look how much space the bloud expelled out of the heart runs through in the Arteries, just so much space must the mass of bloud præexistent in them be driven through, in the same time; because one part of the bloud must give way to another urging it forward, as fast as that comes on behind.
But if the motion of the constriction of the heart be compared with the progressive motion of the bloud in the Arteries; then doubtless they will not be found to be of equal velocity: because the former motion,
viz.
of the constriction of the heart, is made through a space equal to the latitude of the Ventricles of the heart, which at most excedes not 3 inches breadth: but the space through which the 3 ounces of bloud expressed out of the heart, run in the Arteries, is equal to the length of half a foot. Therefore the space will be triple at least to the space of the former motion: and yet both these motions are performed in the same time.
Ergo
, the motion of the bloud in the Arteries is threefold swifter than the motion of the heart, that causes it.
Quod erat propositum
.
I add this remark, that the motion of the bloud in the Arteries is always the same, whether the three ounces of bloud emitted into them out of the heart, exactly fill the space dilated in them; or whether any portion of it be after their repletion expell'd out of them. For in both cases, the bloud præexistent in the Arteries, is just so much promoved in its course, as 3 ounces newly emitted take up of space, which run through more of length than half a foot. ¶ [because]
Here I cannot fairly decline to encounter a vulgar error, that stands in my way. Which is, That the bloud is expelled out of the Orifices of the Arteries into the substance of the Parts, by no other cause but the constriction of the Heart. To refute which I will assert this
PROPOSITION
, That the cause expelling the Bloud out of the Arteries, is not the Systole of the Heart alone, but the constrictive or peristaltic motion of the Arteries themselves naturally and necessarily succeeding their expansion.
To the pulsation of the heart two effects are subsequent,
viz.
the repletion of the Arteries by the bloud emitted into them, and the expulsion of the same bloud out of them into the habit of the parts. Now certainly these two operations cannot be performed together or at the same time; because the former is done by dilatation, and the other by constriction of the same Arteries, which two contrary motions cannot be coincident. Wherefore it is of absolute necessity, that the repletion of the Arteries be precedent, and the evacuation be subsequent.
But the repletion cannot be made without a violent distention of the transverse or circular Fibres of the Arteries, and we all know, that all the Fibres of vessels, no less than those of the Muscles, of the Guts, Stomach, Tendons, Membranes, and the like Fibrose parts, naturally resist distraction, and have a power of contracting themselves after extension. Yea more, we see that all Fibres even in their natural posture are somewhat upon the stretch: for when they are cut, they instantly shorten themselves toward both ends: which would not happen, if they had been constituted in a middle state betwixt laxity and extension, as a Bow unbent is quiet, suffering neither contraction nor distraction of its parts.
Now if all Fibres even in their natural state suffer some degree of stretching; certainly when the Arteries are replenisht with bloud, their cavity must be dilated; and in the dilatation of their cavity, their transverse or circular Fibres must suffer much more stretching, than they did before. And because to this dilatation of the Arteries a constriction immediately succeeds, which is not possible to be effected without an abbreviation of the circular Fibres of the Arteries; and because that abbreviation or contraction is connatural to the Fibres themselves: therefore it is impossible, that the Arteries, after that violent stretching caused by their repletion and turgency, should not exercise, by natural necessity, that mechanic power they have of contracting themselves, by vertue of their circular Fibres girding them inward: and equally impossible, that the Arteries should so contract themselves, without expelling at the same time out of their Orifices, the bloud that dilated them. Whence it appears beyond dispute, that the spontaneous constriction of the distended Arteries is the cause of the expulsion of the bloud out of them into the substance of the parts; contrary to their opinion, who ascribe this expulsion only to the
Systole
of the heart. ¶ [because]
The natural method of acquiring Science, ye know, is to begin from things more known, and then to advance to things less known; to procede from effects to their causes. Seeing therefore that we are now certain that the bloud in Aminals is carried by a perpetual circular motion through all parts of the body; our next business is to enquire, what are the
Causes
of this admirable motion, as well the
final
as the
efficient
.
I begin from the
final
; it being a question worthy our consideration, why or to what
end
Nature, all whose counsels and actions are ordained by an infinite wisdom,
hath instituted this rapid Circulation of the bloud
.
Constant it is even from common experience, that whenever the bloud is quiet or ceases from motion, whether within or without the body of an Animal, the red and grumose part of it soon curdles, and is separated from the serose or
albumen
: and so the constitution or contexture of it is dissolved and corrupted: whereas on the contrary, while the bloud continues in perpetual motion within its vessels in the body of a living Animal, so long the ordinate mixture of its elements, due temper, and vital constitution of it is conserved; for mechanical reasons in our ensuing discourse to be explained.
It seems then, that such a mixture of the constituent parts of the bloud, upon which the vitality of it doth necessarily depend, cannot be otherwise conserved, than by a continual agitation and concussion made in the vessels, first by the heart, with strong force impelling the bloud through the Arteries; then, that impulsive force languishing by filtration in the spaces intermediate betwixt the Arteries and Veins; next in the Veins, by the constriction of their circular Fibres, by the compression of the Muscles, and the
Viscera
, and the inspired air. All which compressions would not suffice, were not
Valves
placed commodiously within the Veins, by which the motion of the bloud is accelerated, and a farther conquassation of it made.
And here we meet with a fair occasion to reflect upon the mutual
Anastomôses
of the Capillary Veins, and the infrequent distribution of
Valves
in one and the same Vein: for both these contribute also their proportions toward the end now under our disquisition. For, the texture of the Veins being indeed lax and soft, yet such as may by virtue of their circular Fibres be constringed and contracted: hence it is, that by the bloud regurgitating in those tracts of the Veins, that have no Valves, by the great quantity and force of its regurgitation or recoiling, the lowest part of the Vein is much dilated; and on the contrary the highest part is contracted: So that the bloud being by this reflux, though inobservable, agitated and conquassated, may revive its due commistion, and conserve its vital constitution. It appears then, the
defect
of
Valves
also hath its use. Within the cavities of the
Arteries
(as I said before) no Valves are placed, because the grand force, by which the bloud is impell'd through them, is more than sufficient to conquassate and commix it, by wedging in as it were the more fluid albugineous particles among the red grumose particles, that from both sorts comixt
per minimas moleculas
(as they say) and yet mutually reluctant, the
Vital Mication
, or
Oscillatory
intestine motion of the bloud may be continued. So then here is neither need of, nor place for a
Fermentation
. Now from the consideration of these things premised, I conclude, that the
Circulation of the Bloud was instituted for the conservation of its requisite temper and vital constitution
: Which was to be inquired, and which leads us to
The admirable
effects
and
benefits
arising to the Animal Oeconomy from the same Velocity of the Circulation of the Bloud;
Which being certainly so great, that the whole mass of bloud runs its circular race in the twentieth part of an hour, or thereabouts, even in a sedentary and sedate man; as hath by many been demonstrated from the quantity of bloud commonly contein'd in the body, from the number of Pulses made in an hour, and from the quantity of bloud exprest by every pulse of the heart: and we having already seen what advantage redounds to the bloud it self from this velocity: our curiosity spurs us on to enquire also, what other scopes or ends Nature may probably be conceived to have proposed to herself, when she instituted this so rapid motion; or what emoluments and benefits from thence redound to the Oeconomy of the whole body.
Of these the
first
seems to be this, that in every pulsation of the heart, a great quantity of bloud is effused and protruded out of the Capillary Arteries into the habit of the parts, for their refocillation by
influent life
(of which I have formerly discoursed copiosely in this place.) For, by how much swifter the motion of any liquor or other fluid through a pipe or canale is, so much a greater quantity of it is, in equal time, effused at the Orifice thereof; as hath been ingeniously demonstrated by
B. Castellus
:
Lib. de aqua fluxu.
and therefore the bloud is, like a full and rapid torrent, impelled into the Pores of the flesh and
Viscera
.
The
second
is the energy of the stroke, with which the bloud projected by the heart, dashes against the same extreme parts: which energy is composed of the degree of velocity, and of the quantity of bloud impulsed, as that excellent Mathematician
Jo. Alphonsus Borellus
hath fully demonstrated.
Tract. de vi percussion. Cord. prop. 28.
By this stroke it is, that the newly emptied and conniving porosities of the Muscles and
Viscera
are forced open and replenished with the impulsed bloud, that communicates to them vital heat and fresh vigor: and that the torpid, useless, and excrementitious particles there remaining, are protruded and expelled, partly through the pores of the skin, partly through vessels destined to their transportation and expulsion. So that by this rapid rushing in of the bloud, nature attains to not only a reviving of the solid parts of the body, but also to the expurgation of the bloud it self from its unprofitable and excrementitious parts, in the Emunctories ordained for that office.
A
third
advantage is, that by the same rapid velocity of the bloud, and its vehement intrusion into the narrow
meatus
of the parts; the current thereof dislodges, rinses away, and carries with it many other amoveable particles of various kinds, Saline, Sulphureous,
&c.
principally the reliques of the nutritive and nervose juices brought thither from the brain; which though unprofitable now to the refection and invigoration of the parts in which they were left, may yet be of some use to recruit and conserve the
Crasis
of the bloud, and to expedite the secretion of its excrements. This artifice of nature we may more easily comprehend, by observing, that the foreign particles now mentioned are extricated and rinsed away by the bloud, not in ample vessels, but after the egress of the bloud out of the Capillary Arteries, in the intermediate spaces betwixt them and the Capillary Veins, where end innumerable small Canales, some of which bring in the nutritive and nervose liquors, others export the superfluous and less profitable particles of them; which small pipes are, like the Capillary roots of plants, almost every where disseminated into the fleshy parts, into the
Viscera
, and (most frequently) into the glandules. And this seems to be done, to the end that so many particles of these spiritual and noble juices, being rinsed away by and commixt with the bloud, may advance and conserve the due consistence and constitution of it.
Now of these three considerable benefits, no one seems to me possible to be attained otherwise than by the perpetual and rapid motion of the bloud. Wherefore I am not destitute of a rational ground to support my conjecture, that for these ends Nature thought fit to institute the swift motion of the bloud in its Circulation. ¶ [because]
But what may we conceive to be the reason that induced Her to institute also so multiplied a
repetition
of this course of the bloud through the same ways?
A River, we know, though the water be in a continual flux, is yet still the same river, because the elapsed parts are continually succeeded by new waters coming on with the same degree of speed to supply it. But to maintain this perpetual succession and supply, upon which the identity of the river necessarily depends, there is required, either an immense quantity of waters from a spring to feed the current, or the same elapsed water must be brought back again to the fountain whence it flowed, that so by perpetually reiterated circuitions the course of the river may be conserved, which otherwise would soon fail and cease.
We are then no longer to admire that Nature, having designed to bring the river of bloud with a most rapid course through the whole body of an Animal, for the various ends above explained; and resolved to make that course perpetual, during the life of the Animal: made use of the same expedient,
viz.
to
repete
the circuition of the same bloud without intermission. For the whole mass of bloud commonly found in the body of a man, not exceding 20 pints; and that quantity not sufficing to maintain the course above 5 or 6 first minutes of an hour: lest the current might cease, and so life also fail, it was necessary that the circulation of the same mass of bloud should be continually reiterated, for the conservation of life.
Besides this necessity, there are many admirable uses and advantages which Nature brings to an Animal, by often repeating the period of the circuition of the bloud through the same ways. For if the Circulation were not in this manner reiterated, the bloud could not be defæcated from it biliose excrement in the Liver, nor (according to the vulgar opinion) from the matter of Urine in the Kidneys; nor could either the Chyle be commixt with the bloud in the heart, or the
Lympha
be brought to temper and dilute it in the Veins: nor could various other operations necessary to the Animal œconomy be performed. All which it were not difficult for me to deduce from this repeted circuition of the Bloud, if the shortness of the time appointed to me for the administration of my present province, did not oblige me to pass by all collateral disquisitions, and to peruse my principal Theme, the Motion of the Bloud. From the
final
causes of which I will therefore in a direct order procede to the
Efficient
. ¶ [because]
A SHORT ACCOUNT, OF THE Nature and Use OF MAPS.
AS ALSO Some short Discourses of the Properties of the Earth, and of the several Inhabitants thereof. To which is Subjoin'd, A Catalogue of the Factories and places now in possession of the
English, French, Dutch, Spaniards, Portegueze
and
Danes
, both in the
East
and
West-Indies
.
LONDON
, Printed, and are to be Sold by Mr.
Mount
, at the
Postern
on
Tower-Hill
; Mr.
Lea
at the
Atlas
and
Hercules
in
Cheapside
; Mr.
Worgan
Mathematical Instrumentmaker
under
St. Dunstan
's Church,
Fleetstreet
; and by
William Alingham
, Mathematick-Teacher in
Channel-Row, Westminster
, 1698.
TO THE
READER
.
Reader,
THE design of the Ensuing Treatise, is a short Account of the Nature and Use of Maps; a knowledge of great advantage to several sorts of People; and the principal branch of that noble Science of
Geography
, which informs you in the Nature, Property and Magnitude, not only of the whole
Earth
, but also of each distinct and particular part thereof.
For by this Science the
Divine, Merchant, Souldier
, and
Traveller
, may (without danger of those apparent hazards they are like to fall under) take a particular View of those vast and pleasant Countries, they have occasion to visit or mention in their several Vocations. Such, with many other, are the advantages of this Excellent Science. But leaving this, I shall give you a short account of the
ensuing
Treatise, which as the Title informs you, is the Nature and use of Maps, in which I have incerted such Discourses as is requisite to give you a clear understanding of the Nature and Reason of their projection: Next I proceed to their Use, in knowing how to find out any place, by the most practical and Common Methods yet known; and also how to Measure the Distance betwixt two places when found in any Map; with other pleasant Accounts of the Distinction and Division of the Earth into
Zones, Climates
and
Parallels
.
Lastly, I have added a Catalogue of the Places and Factories now in possession of the
English, French, Dutch Spaniards, Portugueze
and
Danes
, both in the
East
and
West-Indies
, as they were Collected by an Ingenious Author; all which is humbly presented to those, whose Genious leads them to the consideration of such Excellent Inquiries.
OF THE
EARTH
.
THE
Earth
was in the Beginning, by Command of the Most High, created out of a
Chaos
, or a confused Heap, which before had no Form, and was made a Habitation for Man to dwell upon, that, for a time, he might Contemplate upon the inferiour Works of his Creator. The Description of this Earth is termed
Geography
, and the Figure that the Earth and Water do together Constitute, is, by many Observations and Experiments prov'd to be round, or in form of a Globe, hanging by nothing in the Air, and by the most Accurate Observations its Circumference, is found near 24971
English
Miles, and consequently its Diameter 7291 of the said Miles, as has been found by the late Experiments of several Nations. The greatest part of this Globe is covered with Water, for ought we yet know, which at the Creation, by the Almighty Decree, was gathered into one place, call'd the
Sea
: This Ball, or Globe, of Earth and Water, is covered with a thin subtile matter, call'd
Air
, by which it is rendred Habitable, in the Center of this Globe, is an
Attractive
Power, by vertue whereof all heavy Bodies, though loosed from it, will again return and cling to it, by which faculty 'tis defended from Dissolution, in not permiting the least part thereof to be seperated from it.
This Globe by its (or the Suns) twofold motion, enjoys the grateful Vicissitudes of Day and Night, Winter and Summer; the first, by turning upon its own Axis once in 24 Hours, and the second, by having the said Axis carried about the Sun in the space of one Year, by some unknown principle of Nature, during the time of its other Revolution; and this Axis not being perpendicular to the plain, in which the said Annual Motion is performed, causeth one Hemisphere to have more of the Sun's Light for one half Year, and the other Hemisphere for the other.
Arguments for proving the Spherick, or Globular from of the Earth.
A Globe, or Sphere, is a perfect round solid Body, contained under one Surface, in the midst of which is a point call'd the
Center
, from whence all Lines drawn to the out-side are equal; these Lines are termed
Semidiameters
.
Of this Form and Figure is the whole Earth and Sea, as we have reason to conclude, from several undoubted Observations and Experiments, the principal of which follows.
First
, Eclipses of the Moon which are caused by the Earths coming betwixt the Sun and Her; for the Moon having no light, but what she receives from the Sun, is hindred of it by the Opaque Body of the Earth, who interposing betwixt the Sun and Moon, casts her shaddow upon the Moon, which to us appears Circular thereon; and therefore, according to
Optick
Principles, the Earth from whence it proceeds, is a Spherick or Globular Body.
Secondly
, Eclipses of the Sun, which are caused by the Moon's passing betwixt him and those places where he appears Eclipsed; for unless the Earth were Globular, as Astronomers have assumed it, the time when, and place where, Solar Eclipses should happen, could not be determin'd; but seeing both time and place is nicely limited, their supposition of the Earth's roundness must needs be true.
Thirdly
, Because of the
Phenomenaelig;
do Rise, Culminate, and Set, sooner to the
Eastern
then to
Western
Inhabitants, as has been observed by those who have carried correct Time-keepers to Sea, and this proportionally according to the roundness of the Earth.
Fourthly, Viewing from the shoar a Ship a good distance from you, at first you shall only perceive her Top-sails, but as she approaches nearer, you shall see her Lower-sails, and at last her Hull, which I think is an Evident Proof of the Earth's Sphericity; for did not the Globosity of the Water interpose betwixt our sight and the Ship, we might more easily see her Hull than her Top-sails at first.
Fifthly
, Our Modern Navigators, in their Voyages, especially, those that have been made round the World by
Drake
and
Cavendish
, make it very apparent; for sailing
Eastward
, they have, without turning back, arived to the place from whence they first set Sail, only they came short home by one Day and Night, that is, they were absent 24 Hours more by their own reckoning, than by the account of them kept at Home, which thing further Confirms the Earth's Sphericity.
Sixthly
, It is found by daily Practice, that the Degrees of every parallel upon Earth, have the same proportion to the Degrees of the Equinoctial, as the Degrees of the like parallel of an Artificial Globe, has to a Degree of the Equinoctial thereon described.
Seventhly
and
Lastly
, Common Experience shows us, That sailing, or going towards the
North
, we raise the
NorthPole
, and
Northern Stars
, and on the contrary, do depress the
South-Pole
and
Southern Stars
, the
North
Elevation encreasing equally with the
South
Depression, and both proportional according to the distance sailed, the like happens in sailing
Southwards
; besides, the Oblique Ascention, Descentions, Amplitude of riseing and seting of the Sun, Moon and Stars, would be the same in all places, were not the Earth Globular.
And it may further be observable, that was not the Earth Globular, but a long Round-flat, as some have foolishly imagined, then these absurdities would follow,
viz.
The Elevation of the Pole, and Height of the Stars, would be the same in all places.
The same appearance of the Heavens would be to all Inhabitants.
The Sun, Moon and Stars would Rise, Culminate, and Set, to all places at the same time.
Eclipses would appear to all People at the same time.
The Days and Nights would be of the same length to all parts, neither would there be Day in one place, when there is Night in another.
Shadows would be alike in all places, that is, all of them would be one way, neither would one Country be Hotter or Colder than another.
But though we thus endeavour to prove the Earth round, yet it must not
strictly
be taken, as if there were no inequalities of its Surface; for the Mountains, Hills and Vallies, which are so common in most parts of it, cause some Irregularities and Cragginess in the Surface; yet because the greatness of these inequalities have scarce any sensible proportion to the whole, the height of the highest Mountain being not 1/6000 part of its Diameter, which is inconsiderable; and therefore notwithstanding these small Irregularities, we may affirm the Earth to be round, or in form of a Globe, or Sphere.
Of the Measure of the Earth.
THE Earth and Water being of this Form, we shall in the next place enquire into its Extent, for the effecting of which, several Essays have been made, to find either its Circumference or Diameter; for when one of them is gotten, the other is easily known, and by having them both, its Surface and Solidity may be nicely Discovered.
Now, as their Conclusions has been different, so has the ways by which they have endeavoured to attain them.
Eratosthenes's
way was by the Sun-beams, and Shade of a Stile,
vid.
Deschale's use of
29. 1
Euc. Maurolycus
Abbot of
Messuva
, his way was by finding the Quantity of the Angle, made by two lines drawn from the Surface of the Earth, to the top of any high Hill,
vid.
Deschale's
use of the 6. 2.
Euc.
A third way was by Eclipses, which is very uncertain. for a small mistake in the times of Observation at one or both of the places, will cause a very great and sensible Error, in the Distances of the said places.
A Fourth and surest way which has been try'd by most Nations, is, that of measuring
North
and
South
under one Meridian, some good large Distance,
viz.
one or two Hundred Miles; for in those Observations of small Distances, there can be no certain Conclusion. The method of doing this, is either with an Instrument and Chain, or else with a
Perambulator
, or measuring Wheel, which after 'tis actually taken, must with great care be plotted down upon Paper, but not without allowing for the Variation of the Needle, and all notable Ascents and Descents with other turnings and windings, that will of necessity be met with in the way, and so by this means we shall come to know how many Miles on the Earth will answer to a Degree in the Heavens, provided an exact Observation by a large Quadrant, or other Instrument, be made to find the Latitude of the place we begin to measure from, and the Latitude of the place we measure to.
According to this Method, did Mr.
Richard Norwood
, a good Mathematician, and an able Sea-man, in the Year 1635. make an Experiment in measuring the Distance betwixt
London
and
York
, by which he found one Degree upon Earth, that is, the 1/360 part of the Circumference of the Earth to contain 69 4/11
English
miles (each
English
Mile containing 5280 Feet) and consequently the whole Circumference of the Earth 24971
English
Miles, and its Diameter 7291 of the same. From these Dimensions will the Area of the Surface of the whole Globe of Earth and Water be found to be 197795291 square
English
Miles, and its solid Content 261089784120 Cu bical
English
Miles, which account doth likewise nearly agree with the
Dutch
and
French
.
Definitions.
THE Earth being in the Form before Described, Astronomers have form'd an Artificial one in representation thereof, on which they have Pictured both Sea and Land in all their parts, and according to their Scituation so far as is known, a type of which is here delineated, where the straight Line 90.90.90 in one Hemisphere is the Axis of the of the World, the Arches 80.80; 70.70;
&c.
encreasing in bigness are parallels of Latitude, and the Arches 90.80.90; 90.70.90,
&c.
are our Circles, or Meridians; among which is one that is the outermost which is as it were the Landmark of the whole Sphere, being the bounds from whence the Longitude of any particular place is accounted quite round the Globe.
Now this Meridian from whence we begin to reckon the Longitude, has been differently assigned by several Nations, for the
Arabian
and
Nubian
Geographers, place it at the utmost Extremity of the
Western
shoar.
Ortelius
, in his Sheet-Map of
Europe
, makes
London
to lie in 28 Degrees, but in his Sheet-Map of
France
and
Belgia
, it lies but in 21 Degrees of Longitude; so that where he begins his Longitude, is not exactly known.
The
Spaniards
, since the
West-Indies
Conquest, begins at
Toledo
, and contrary to all other Accounts, reckon their Longitude is from
East
to
West
.
Blaew
, the
Dutch
Geographer, begins his at
Teneriff
, the most Noted of the
Canary
Islands, though on his large Map of the World, he makes it pass through
Tercera
, one of the
Azores
.
Sansoon
, the
French
Geographer, begins his at
Ferro
, one of the
Canaries
: Our late Geographers, especially the
English
, place it in the
Azores
, some beginning at
Tercera
, others at
Corvo
, a third at
Gratiosia
; though upon our new sort of Globes, and some late Maps, it is made to pass through the
Westermost
part of St.
Michaels
.
So that Longitude is the distance of a place reckoned in the Equator, from the Meridian, which passes through that place you begin your Longitude from.
Latitude
is the nearest distance of a place from the Equator, or the height of Pole above the Horizon.
Continent
, is a great part of the Habitable Earth that lies together, not being divided by the Sea; such is the whole
Continent
of
Europe, Asia
and
Africa
, as likewise
America
.
Island
, is a piece of land Environ'd quite round with Water, as
Great Britain, Ireland
, &c.
An
Isthmus
, is that little Neck of Land that joins a piece of Land to the
Continent
; such is that of
Sues
, which ties
Asia
to
Africa
, and that of
Corinth
, which ties
Morea
to
Greece
.
Peninsula
, is almost an Island, being that which is so tied to the
Continent
by an
Isthmus
; such is
Affrica
and
Morea
.
A
Promontory
, or
Cape
, is a high Land bending or running out into the Sea; such is the Cape of St.
Vincent's
, Cape of
Good Hope
, &c.
Mountain
, is a part of the Earth higher than the rest; such is the
Alps
, the
Cheviat
Hills.
Of the Water.
THE Ocean, or Main Sea, is that vast body of the Water, that environs, or surrounds, the
Continent
.
Gulph
, is an Arm of the Ocean, running in between Lands; such is the Gulph of
Persia, Arabia
, &c.
Straight
, is a narrow Channel that joyns one Sea to another, or Gulph to the Ocean; such is that of
Gibralter
, which joins the Mediteranean to the
Western
Ocean.
Lake
, is that which continually keeps standing Water in it; such is that of
Nicaragua
in
America
, and
Zair
in
Affrica
.
River
, is a fresh running Water, that looses its Streams in the Sea; such is
Thames, Severn
, &c.
Port
, or
Harbour
, is a small portion of the Sea of such Depth, and so hemn'd in by the Land, that Ships may there Ride in Safety.
Bay
, is likewise an Arm of the Ocean, but the Entrance thereof is much wider than that of a Gulph.
Shelf
, is either a heap of Sand, or else a Rock that lies near the Surface of the Water.
Archipelago
, is a Sea where many Islands are.
A short Description of the making and projecting of Circular Maps.
MAPS are only the Pictures, or Representations of any part, or parts, of the Globe in Plano, that is, they are a Perspective Draught either of the whole, or else some particular place, or part of the Earth: For suppose the Earth was Transparent, and the Eye to be placed some where in the Equator, and that at Right Angles, to the Line passing from the Eye to the opposite part of the Earth, a Plain be conceived to be placed cuting the Earth into two equal Parts, that is passing through the Earth's Center; then I say, if from the Eye Rays be imagined to pass thro' the said Plain, to every Physical Point in the obverse Hemisphere of the Earth, these Lines shall project Points upon the said Plain, which, if join'd, will give the true Picture of one half of the places on the Earth's Surface. And because, but one half of a Globe is to be seen at one time, therfore if you desire a Representation of the whole Terraqueous Globe, it must be done in two Hemispheres.
According to this Representation, there is Geometrick Rules laid down, for Projecting and Delineating the Circles and Lines as they thus appear to the Eye, whether 'tis upon the plain of a Meridian, which makes the common Hemispheres, or else upon the Equator, which is that we call the
Polar
Projection, because the Eye is supposed in the Pole? And this Projection is almost as frequent as the other.
As for the Geometrick Directions, for teaching how to draw these Circles and Lines, as they thus appear to the Eye, either upon the plain of the Meridian, or Equator, I shall not here show, because it properly belongs to the Projection of the Sphere.
How to lay down places upon the Hemispheres.
BUT supposing it done, I shall direct you how to lay down places upon the Hemispheres, having therefore compleated a Projection of the Imaginary Circles,
viz.
Equator, Meridian, Parrallels,
&c.
as in the annexed Map of the World may be seen; consider that the Longitude and Latitude of any place is determined by the Meridian, and Parallel of that place, so that having the Longitude and Latitude of any place, we may incert it in the Map thus: Count from the Meridian, or outermost Circle on the Equator, the Longitude of the place you desire to Express, so shall you thereby find the Meridian of that place; Then among the Parallels find the Latitude of that place, and in the point where the Meridian and Parallel intersect, is the place to be put in the Hemisphere.
By this Artifice, may the one half of the Earth's Surface, by taking several points, be delineated in Plano, just as it appears to the Eye in the aforesaid Position, and after the like manner is the other Hemisphere to be projected.
If you would make a Map, but of some large part of the Earth, such as
Europe, Asia, Germany, Spain, France
, &c. the method and manner of doing it, is the same with the preceding, only in this case, the projection is made much larger, and then cut off in a square form to such Latitude and Longitude, as will contain the extream Latitudes and Longitudes of that portion of the Earth you design a Map off. After the same manner may you divide it, if it be a Map of
Europe, Asia
, &c. into its Empires, Kingdoms and Provinces, by laying down the Latitudes and Longitudes thereof.
Of the making of right lin'd maps.
MAPS that are Projected after this way, ought to be but of small places, that is, such which have scarce a sensible proportion to the whole Surface of the Earth, else they will be very Erronious, because the least portion of the Earth's Surface is Spherical, which, if we consider, and take for plain, as we do in this Case, must needs be false; but for small places lying either upon the Equator, or within few Degrees of it, they may without much Error be thus Represented, their Surface being very little differing from a true Plain.
In order therefore to make a Map of some such place, consider both the difference of
Longitude
and
Latitude
of the extream parts thereof; As suppose I would make a Map of a place, whose difference of
Longitude
is 4 Degrees, and the difference of
Latitudes
, if they were both
North
or
South
(else the sum of them) 6 Degrees; draw a blind Line, then take any length for a Degree, which let be as large as you please, for the larger the better: This length prick off 4 times on the said Line, for your Degrees of
Longitude
, after which raise a Perpendicular, and take the same distance as before, and run off 6 times upon it, this done, compleat the Parallelogram, whose sides in this Case, will be as 6 to 4, that is, the
Latitude
is 6 Degrees, and the
Longitude
4, and this finishes the Limits of your
Map
.
It will be necessary also to subdivide each Degree into 6. 10. or more equal parts, as the largeness of the Degree will permit; after which, prefix both to Top, Bottom, and each side the Numbers, Corresponding to the Latitudes and
Longitudes
.
How to lay down Places on this Plan.
THE Plan being thus prepared, and a Table of the
Longitudes
and
Latitudes
, of all the boundary parts of the place you would make a
Map
off, if laid down before you, which
Latitudes
are actually and nicely found by some large
Quadrant
or other Instrument, and the
Longitudes
calculated from the bearings of Places, observed by the Needle, Distances measured,
&c.
Proceed as follows.
Suppose one point of the place you design a
Map
off, is in the
Latitude
of 2 Degrees, 20 Minutes, and
Longitude
of 14 Degrees, 40 Minutes: Here I begin and count from the Bottom of the
Map
, upwards on each side, 2 Degrees 20 Minutes, and from those two points draw blin'd line through the
Map
, this done, I count from the left hand side of the
Map
towards the right, both at Top and Bottom, 14 Degrees 40 Minutes, and from these two Points, draw an obscure Line also quite through the
Map
; the point where these two lines cross each other, is the true point, where such place ought to be set; after the same manner, proceed to incert all the boundaries, and principle places within the
Map
, by having their
Longitudes
and
Latitudes
; And here Note, That the more
Latitudes
and
Longitudes
of the Boundaries you take, the more exact and true will your
Map
be limited.
As for places that lie in great
North Latitude
, suppose betwixt 50 and 60
deg.
there you must consider the Proportion, that is, betwixt one Degree in the Parallel of 55 Degrees of
Latitude
, and a Degree of the
Equator
, and by so much as the later exceeds the former, by so much must a Degree of
Latitude
exceed that of
Longitude
.
The Proportion for finding the Quantity of a Degree, in any Parallel, is this;
As the Diameter of the Equator, is to its Circumference, so is the Diameter of the Parallel of 55 Degrees, to its Circumference
; divide the Circumference of the
Equator
by 360. as also the Circumference of the
Parallel
of 55 Degrees; the first Quote is, the length of a Degree of
Longitude
in the
Equator
; the second, the length of a Degree of
Longitude
in the
Parallel
of 55 Degrees of
Latitude
, and therefore by so much as the first of these Quotes exceeds the second, by so much must a Degree in
Latitude
, exceed that of
Longitude
, in the making of such a
Map
. This brief Account, will I hope, give some light into the Method of making and projecting of
Maps
, in the prosecution of which, I might have been more Copious, by adding of Cuts, and making a Table of the
Longitudes
and
Latitudes
of the Boundaries of some places, and so actually transfering them into the Plan or Scheme; but when I considered my design was more to shew their use, than the method of making them, I purposely omitted it. If a
Map
was to be made of any small County, Hundred, Lordship,
&c.
of about 20 or 30 Miles round, it is not so exactly Determined by
Longitudes
and
Latitudes
, but by an actual survey of the same with some Instrument, as Semicircle, Theodelite,
&c.
General Notes for using of Maps.
IN most of the
Circular Maps
, observe, That having found the Name, you are not to take that part of the Map, possest by such Name, for the true position of the place; but you are to seek either over, under, or on one side of such Name for this Mark (o) and where that stand there is the true point of that place.
In
Right Lin'd Maps
, Towns and Places are generally represented by the shape of a little House, Cities with the like Mark, but something bigger.
When any Map is placed right before you, then take Notice, That the bottom part, or part next to you, generally is the
Southern
part, the top, or part farthest from you, the
North
part; that next your left Hand, the
West
part, and the other opposite, or next the right Hand, the
East
; which Quarters or Parts, are commonly Denoted, either by the Words,
North, South, West
and
East
, writ at Top or Bottom, and on each side, or else by a Compass, which is round like a Wheel, having 32 points issuing from the Center, which represents the 32 points of the Compass; at the end of one of them is the Picture of a
Flower-de-luce
, which always points exactly to the
North
.
Hence 'tis Evident, That you must always seek for the
Latitude
on the sides of the
Map
, and the
Longitude
at Top and Bottom, which sometimes is differently Numbred, by reason that at the top of the Map, the
Longitude
may be reckoned from one place, and at the bottom from another.
Observe also in Maps of
Empires
and
Kingdoms
, the Divisions of it; in
Principalities, Provinces
or
Counties
, is generally performed by a small prickt irregular line.
Rivers
, is commonly Denoted by a full
Black Line
, and sometimes by a
Double Line
.
Roads
, are variously Pictured,
viz.
in some
Maps
, by small
Black Lines
, in others, by double
Prickt Lines
, and sometimes by single
Prickt Lines
.
Mountains
, are represented by a
Black Clouded Figure
, in shape like a Bell.
The
Sea
is frequently in all coloured Maps painted
Green
, if the Maps are not coloured, the space Denoting the
Sea
is left White.
The
Land
is bounded from the Sea by an Irregular
Dark clouded Line
, which if the Map be Painted, is generally Coloured.
But in Maps, there is generally an Explanation of the
Marks
and
Characters
there used, as how they Note Boundaries, Roads and Rivers; also which mark signifies Cities, which Market Towns, which Villages,
&c.
Take Notice likewise, that to several Maps, there are three sorts of Scales, to which are prefixed the names
Magna, Medieria
and
Parva
, the meaning of which is this, that you should measure the great Miles upon the
Magna
scale, The Mean Miles upon the
Mediocria
Scale; And the Small Miles upon the
Parva
Scale; For not only other Countrey Miles differ from ours, but even we among our selves; the Miles in
Yorkshire
and several other places being much larger than those about
London
.
How to find out places upon any sort of Maps.
THere is but two Methods of finding out places in any Map, the one is by
Longitude
and
Latitude
, and the other by
Bearing
and
Distance
, the former of which is most peculiar to circular
Maps
, the later to right lin'd
Maps
; though either of the said methods may be used, for the finding of places in both kinds of
Maps
.
As to the first of these, there is one grand difficulty in it, which is upon account of beginning the
Longitude
, because as I have already observed, in one Map, the
Longitude
begins from
Gratiosa
, another from St.
Michael
, a third from
Teneriff
, and a fourth from some other place; so that unless you know, from what place they reckon the
Longitude
of any Map, you can never know, by this method, how to find out any place in such Map, though the
Longitude
and
Latitude
of the place be given, which indeed is a very great misfortune; For was all the
Geographers
but unanimously agreed from whence to begin it, that is, would they but all agree to fix it at any
one
particular place, it would make the Science of
Geography
very Easie and Pleasant.
But however, because it is otherwise at present, I shall incert a Table, shewing the difference of
Longitude
betwixt
Pico Teneriff
, and most of the principal places from whence they have begun to reckon, and then proceed to the method of doing it.
d.
m.
Toledo
15.
53.
Gratiosa
10.
25.
Betwixt
Pico Teneriff
, and
Tercera
9.
00.
Palma
or
Ferro
---
2.
50.
Corvo
13.
25.
St.
Michaels
8.
5.
Suppose in the Sheet-map of the World, that is, in the small Hemisphers, I would find out
Jerusalem
, which is in the
Longitude
of 66.
d.
00.
m.
counted from St.
Michaels
, and
Latitude
of 33.
d.
10.
m. North
. Here I begin at the outer Circle, which is the first
Meridian
, from whence the
Longitude
is reckoned, and counted upon the Equator 66.
d.
its
Longitude
; then I reckon from the
Equator
, on the first
Meridian
upward toward the
North-Pole
32.
d.
10.
m.
the
Latitude
, and so tracing that Parallel till I come right against the
Longitude
I find this mark (o) and the word Jerusalem writ close by it, whence I Conclude, that is the true position of
Jerusalem
.
And here, Note, That if in your
Hemisphere
, the
Longitude
is not reckoned from St.
Michaels
, but some other place, then you must consider whether such place lies
East
or
West
of St.
Michaels
, and how many Degrees; and accordingly substract, or add, such difference from or to the given
Longitude
of any place, to get the
Longitude
of such place in that Map.
As for Example; Suppose I look in a Map for
London
, whose Longitude from St.
Michaels
is about 27
d.
30
m.
Now perhaps this Map begins the Longitude from the
Westermost
part of
Spain
, which is 16 Degrees
East
of St
Michaels
; here I must Substract 16 from 27.30. the Remainder 11.30. is the Longitude of
London
in such Map. If the Map had begun his Longitude from any place that lies
West
of St.
Michaels
, as from the Isle
Corvo
, which is near 5
d.
20
m.
West
of St.
Michaels
, then to 27.30. I must have added 5 Degree 20.
m.
and it will give 32
d.
20
m.
the Longitude of
London
in that Map, which reckons his Longitude from
Corvo
.
The second way how places may be found, is thus: Suppose I would find
Bourdeaux
in
France
, whose bearing is very near full
South
from
London
, and distance therefrom about 200 Miles; here I trace the
Meridian
that passes through
London
, which may nearly be done by the Eye or a Rule (if none be actually drawn) 200 Miles and there about you shall find the said place.
There is another way for finding out places upon Maps, but it is peculiar, and serves only some sort or kind, the method of it is thus: The Maps are (by lines drawn Parallel to the sides thereof) divided into certain long Slips, or Spaces, about an Inch broad; which spaces is again sub-divided into small Squares, by other lines drawn Parallel to the top and bottom near the same distance of the former.
On both sides of the Map, against each Space, is set Letters, as
a, b, c, d
, &c. There is also both at top and bottom of the Map, other Letters set differing from the former; by help of these Letters a Table is constructed, having in it the Names of all the places, and against each Name two Letters, as (
ah
) or (
bm
) &c. by which Letters I can find out any place in the Map. Thus, Suppose I seek for
Babylon
, in such a sort of Map, against which I find (
cs
) then I seek on the side of the Map for
c
, and at the top for
s
, and at the Angle of meeting, that is in the little Square, right against both these Letters, is
Babylon
, the place sought.
But in most of these sort of Maps, there generally is Directions for the using of them, Printed in some vacant place of it.
Of measuring Distances on Circular Maps.
F
Irst
, If the two places, whose Distance you seek, lie on the
Equator
, then the Degree upon the
Equator
, contain'd betwixt them, multiplied by 70, gives the Miles they are distant from one another.
Secondly
, If the two places have the same
Longitude
, and both
North
or
South
Latitude, then the difference of their
Latitudes
multiplied by 70, gives their distance in Miles.
Thirdly
, If the two places have the same
Longitude
, but different
Latitudes
, i.e. one
North
, and the other
South
, then the sum of their
Latitudes
multiplied by 70, will give their distance in Miles.
Fourthly
, If the two places have both
North
or
South
Latitude, but 180 Degrees difference of
Longitude
, then the sum of the complements of their Latitudes multiplied by 70, gives their distance in
English
Miles.
Fifthly
, If the two places have different
Latitudes
, i.e. one
North
, and the other
South
, and 180 Degrees difference of
Longitude
, then the difference of their
Latitudes
taken from 180 Degrees, and the remainder multiplied by 70, gives their distance in Miles.
If the places be not in any of the Positions aforesaid, but differ both in
Longitude
and
Latitude
, then having their
Latitude
and difference of
Longitude
with a Scale of versed Lines, to find their distance, proceed thus:
Suppose the distance was required betwixt
London
, whose Latitude is 51
d.
30
m.
N. and
Babylon
in
Caldea
, whose Latitude is 35.00 N. their difference of Longitude being 47
d.
30
m.
First
, draw a line at pleasure, and with the versed Sine of 90 Degrees, describe the Semicircle
afh
; this done, find the sum and difference of both
Latitudes
, take the sum 86.30. from 180 Degrees, the remainder 93
d.
30
m.
take from the Scale of versed Sines, and set from
a
to
b
on the Diameter
ah
; take also 16
d.
30
m.
the difference of Latitudes from the said Scale of versed Sines, and lay from
a
to
c.
In like manner, set upon the said Diameter the difference of
Longitude
47.30 taken as before from
a
to
d
; Then take the distance
bc
, and set from
h
to
f
upon the Arch, and draw the line
af
, which done, with your Compasses take the nearest distance betwixt
d
, and the line
af
, and lay from
c
to
g
; the distance
ag
taken off and applied to the Scale of versed Sines, will give near 37
d.
30
m.
which multiplied by 70 giveth 2625, their nearest distance in
English
Miles.
There is another way which is sometimes used for measuring Distances upon these general Projections. But it is not so exact the former, and therefore not to be used where nicety is required. The method of performance is thus.
Take the Distances of the places (as they lie in the Map) betwixt your Compasses; this Extent apply either to the
East
or
West
side, as right against the two places as you can, and it will give you the Degrees they are distant, which if multiplied by 70, gives their Distance in
English
Miles.
And here Note, That the farther distant places are, the greater is the Error, and contrary,
&c.
This method is to be used only upon Maps of the Quarters, and great Empires or Kingdoms; such as,
Tartary, Germany, Ægypt
, and the like, and not
upon the
Hemispheres
.
Other ways there are for finding the distance of places, both as they lie in the
Hemispheres
, or by having their
Latitudes
and differences of
Longitudes
, but they being something foreign to the present Design, because not practicable without the knowledge of the nature of Projection and Calculation, I purposely neglect them.
How to measure Distances on right lin'd Maps.
DIstances are easily Measured on these sort of Maps; for having found the two places on the Map, whose Distance you require, set one foot of the Compasses in one place, and extend the other foot to the other; this Extent applied, either to Bottom, Top, or sides of the Map, shews you how many Degrees they are distant, which multiplied by 70, gives their distance in
English
Miles, if there be any odd Minuits above the degrees for every 6 of them, allow 7 Miles.
But generally to these kind of Maps, there is annexed a Scale of Miles, so that having the distance betwixt any two places, 'tis but applying it to this Scale, and you have the Miles they are distant by inspection.
Of the Zones.
A
Zone
signifies a
Belt
or
Girdle
, but here is to be understood a certain
quantity
of Land, included by (one or) two
Parallels
. Now the Number of
Zones
, Geographers have divided the Globe into, are Five: Of which there are two
Temperate
, two
Frigid
or
Frozen
, and one
Torrid
.
The
Torrid Zone
is that space of Earth, contained betwixt the two
Tropicks
, viz.
Cancer
and
Capricorn
being in Breadth to 47 Degrees, which is 3290
English
Miles; upon this
Zone
or Tract of Earth, lies most part of
Africa
, a great part of
South America
, also several Islands, as
Java, Sumatra
, St.
Thomas
, &c. The Antients, both
Philosophers, Divines
and
Poets
, counted this
Zone
altogether inhabitable, by reason of the extream Heat, and therefore termed it intemperate, but later Discoveries have prov'd to the contrary. The Inhabitants of this
Zone
are called
Amphiscians
, because they have their shadows both ways at Noon, that is, one part of the Year it is toward the
North
, the other part toward the
South
.
The
Temperate Zones
are those spaces of Earth, included betwixt the
Tropicks
and
Polar Circles
, the
North
temperate
Zone
being that portion of Earth contained betwixt the
Tropick
of
Cancer
and
Artick Circle
; the
South
Temperate
Zone
, is that part or portion of Earth, bounded by the
Tropick
of
Capricorn
and
Antarctick Circle
; each of these
Zones
are in breadth 43 Degrees, that is, 3010 Miles; in the
Northern
Temperate
Zone
, lies almost all
Europe
and the
North
part of
Africa
, as also a considerable part of
Asia
and
America
; the
Southern
Temperate
Zone
is not so well known to us, it being far distant from our Habitation. These
Zones
are termed Temperate, because the Sun-beams being cast Obliquely, cannot create that excessive heat, as they do where they fall Perpendicular. They in some measure pertake of the Extremities of Heat and Cold, proceeding from the
Torrid
and
Frigid Zones
; those that inhabit in these
Zones
are called
Heteroscians
, because their shadows is but one way.
The
Frigid
, or
Frozen Zones
, are those two tracts of Earth environ'd by the two
Polar Circles
; that Enclosed by the
Artick Circle
, is called the
Northern
Frigid
Zone
; the other Encompassed, is the
Southern
Frigid
Zone
, their Diameter is 47 Degrees, which is 3290
English
Miles. Under the
Northern
Frigid
Zone
lies
Greenland, Lapland, Nova Zembla
, and part of the
Tartarian
Ocean, whether there is any Land in the
Southern
Frigid
Zone
, is not known to us that inhabit this part of the Earth. The Coldness of these
Zones
, is caused from the very Oblique, falling of the Sun's Rays upon the Earth's Surface, from which his Action is so small, that the heat proceeding from him in the warmest day they there have, is scarce sufficient to melt the Congealed Rocks of Ice and Snow. Those that inhabit these parts of the Earth, are called
Periscians
, because their shadows are thrown quite round them, they are under great inconveniencies; First, by reason of the extream Cold they suffer, and secondly, because their whole year is but one Day and Night; for when the Sun is once risen, he sets not again for half a Year together, and when he sets, rises not again for as long a time.
Of the Climates.
THe
Climates
are certain spaces of Earth, limited by two
Parallels
, distant from the Equinoctial toward each Pole; the difference betwixt the
Zones
and
Climates
, is this: The principal Office of the
Zones
is to distinguish the quality of the Air, in respect of Heat and Cold, and the alteration of Shadows: But the office of the
Climates
is to shew the greatest difference in the length of the Days and Nights, as also the Variation in the rising and seting of the Stars.
Those that live under the
Equator
, have their Day and Night equal, but those places that recede so far from the
Equator
, as to make the difference of the longest artificial Day, half an hour longer than it is, where the longest day is 12 hours and a half, there ends the first
Climate
, and there the second begins; if therefore according to the increase of days the
Climates
be reckoned, there will be 24 in each
Hemisphere
, that is in all 48, counting no farther than the
Polar Circles
; for the places in that parallel of Latitude,
coinciding
with either
Polar Circle
, have their longest day above 24 hours long. Now
Geographers
have given Names only to 9 of those in the Northern
Hemisphere
, and these Names are taken from the most famous places, through which the Parallel Circles pass that bound them. As,
Dia-Meroes.
Dia-Syenes.
Dia-Alexandrias.
Dia-Rhodu.
Dia-Rhomes.
Dia-Pontu.
Dia-Boristhenes.
Dia-Britanias.
Dia-Tanaidos.
The
Southern Climates
are distinguished by the word
Ante
, as
Ante
Dia Meroes,
Ante
Dia Synenes
, &c.
Of the properties of the several Inhabitants of the Earth.
THose People living put under the
Equator
, have great Heat, having two Summers, one when he passes the first of
Aries
, the other when he passeth the first point of
Libra
, and has also two Winters, which are when he passes the first points of
Cancer
and
Capricorne
, for then the Sun is farthest remote from those People, (though not so remote, but that their Winters are much hotter than our Summers;) whence 'tis evident, their two Summers are our
Spring
and
Autumn
, and our Winter and Summer their two Winters; their Noon-Shades are thrown both to the
North
and
South
, and sometimes directly under them, that is, they have none at all. Their Artificial Day is always just 12 Hours long, they see the whole
Phænomenæ
of the Heavens, for all the Planets and Stars to those Inhabitants, do Arise, Culminate, and Set once in 24 Hours.
Secondly
, For those who inhabit betwixt the Equinoctical and
Tropick
of
Cancer
, they have some Seasons as the former,
viz.
two Summers and two Winters; for the Sun twice a Year passeth there
Zenith
, their Noon-shadows are likewise thrown both to the
North
and
South
part of Heaven, and sometimes directly under them, their longest day is something longer then 12 Hours.
Thirdly
, The Inhabitants under the Tropick of
Cancer
, that is, such People that have their
Zenith
in the said Tropick, have the Sun but once a year in their
Zenith
, and that is when he is in the first point of
Cancer
, they have but one Summer and one Winter; their Noonshadow is always toward the
North
, except when he is just in the Tropick, and then there is none at all, their longest day is 13
h.
36
m.
long.
Fourthly
, The People that Inhabit betwixt the Tropick of
Cancer
, and the
Circle Artick
, have the Sun never
Vertical
; their shadows are always thrown toward the
North
, and their Artificial Days is of all lengths,
viz.
from 13
h.
36
m.
to 24 Hours.
Fifthly
, Those that have their
Zenith
in the
Artick Circle
, that is, such who live just upon that Circle, have the Pole of the Ecliptick just in their
Zenith
, and consequently the Ecliptick coinciding with their Horizon, and therefore the Tropick of
Cancer
must be all above the Horison, and the Tropick of
Capricorn
quite under the
Horizon
, so that the Sun being in the first point of
Cancer
, their artificial Day is just 24 hours long, and their Night but a Moment, their shadow is cast quite round them.
Sixthly
, The People inhabiting betwixt the
North-pole
, and
Artick Circle
, have their Horizon cutting the Ecliptick in two points, and a certain portion of it equally distant from the first point of
Cancer
that never sets, but remains always above the Horizon; whence it cometh to pass, that all the time the Sun is passing this portion of the Ecliptick, they have continual Day and no Night, the length of which is more or less, according to the pportion of the E cliptick that never sets, being about one Month long when the said portion is 30 Degrees, two Months when the said portion is 60 Degrees, or two Signs, and so on: That is, the farther
North
, the longer day, till at last you come just under the Pole it self, where the whole Year is but one Day and Night, each being half a Year: In this Position also, there is a certain portion of the Ecliptick, equidistant from the first point of
Capricorn
, that never Rises or comes above the Horizon, so that during the time the Sun is passing the said Portion, there is perpetual Night to these Inhabitants, their shadows are also projected quite round them.
Seventhly
, As for those people (if any be) inhabiting just under the Pole, they have the Equinoctial coinciding with their Horizon, and have always but the
Northern
half of the Ecliptick above the Horizon, so that their Year is but one natural Day as before was hinted; for when the Sun passeth the first point of
Aries
, then to those People he arises, and sets not again till he passes the first point of
Libra
, which is half a Year after, they never see no more then half the Heavens at once, all the
Southern
Hemisphere being totally obscured from their sight; their shadow is likewise cast clear round them, the end of it projecting a
Concentrick Circle
.
Of the
Perieci, Antieci
and
Antipodes
.
THE Inhabitants of the Earth compared with one another in respect of their Scituation, are
Perieci
and
Antieci
, Antipodes
.
The
Perieci
, are those People that dwell in opposite points of the same Parallel, that is, they have the same
Latitude
with us, but 180 Degrees difference of
Longitude
, and therefore their Days and Nights are equal to ours, only they are contrary; that is, our Noon is their Mid-night, and our Evening their Morning,
&c.
their Seasons are at the same time with ours.
Anticeci
, are those People that dwell over against each other, they have the same
Meridian
, and are equally distant from the
Equator
, one having as much
South Latitude
, as the other has
North Latitude
; they have the same Hours with us, that is, our Noon and their Noon, is at the same instant of time: But the Seasons are different, for when 'tis Summer with us, 'tis Winter with them, and contrary.
The
Antipodes
(as the word imports) are such as dwell
feet
to
feet
, that is, they are such People that inhabit just under us, having as much
South Latitude
as we have
North
, and 180 Degrees difference of
Longitude
; their nearest distance is 180
Degrees
, or 12600
Miles
, which is half the circumference of the Earth; their Hour-Seasons and all other Accidents are quite contrary, for our Noon is their Mid-night, our Summer their Winter, and our
Autumn
their Spring, we can see no more of their Stars, than they do of ours, and the Stars that never rise to them, never set to us, and contrary.
A Catalogue of some of the chiefest Places in the World, with their Latitudes and Longitudes from
London
; Extracted from the best Tables now Extant.
Place Names
Lat.
Long.
ABerdeen in Scotland.
58 04
358 15
Alexandria.
30 58
35 00
Amsterdam.
52 25
5 00
Antwerp.
51 12
4 15
Aracta in Syria.
36 00
50 00
Athens in Greece.
37 42
28 30
Babylon in Caldea.
35 00
47 30
Berwick in England.
55 50
358 30
Bethlehem in Judea.
31 50
42 00
Bononia in Italy.
43 49
11 15
Bristol in Italy
51 28
257 00
Breme in Saxony.
53 10
9 30
Calicut in East-India.
11 30
88 00
Canterbury in England.
51 25
01 00
Comportella in Spain.
43 00
351 00
Conimbria in Lusitania.
40 15
351 45
Place Names.
Lat.
Long.
Cambridge.
52 17
0 30
Constantinople in Thrace.
43 00
34 30
Damascus in Syria.
34 0
45 30
Darby in England.
53 3
358 30
Dantzick in
Prussia
.
54 23
18 30
Dublin in Ireland.
52 11
353 15
Durham in England.
54 17
358 30
Edinburgh in Scotland.
57 06
357 30
Exter in England.
50 53
356 30
Frankford Odar.
52 20
15 00
Glocester in England.
51 58
357 45
Ter Goose in Zeland.
51 30
4 15
Gaunt in Flanders.
51 04
4 30
Goa in Judia.
16 00
87 30
Grats in Styria.
47 02
14 00
Haffina in Denmark.
55 43
13 00
Hartford in England.
51 55
359 45
Huntington in England.
52 24
359 45
Jerusalem.
32 10
45 30
Leyden in Holland.
52 07
5 15
Lisbon in Portugal.
38 45
351 30
Leverpool in England.
53 22
357 30
London.
51 30
00 00
Lyons.
45 16
5 00
Madrid.
40 45
257 45
Mount in Cornwall.
50 39
354 45
Mentz in Germany.
51 31
11 15
Place Names.
Lat.
Long.
Munster in Westphalia.
51 54
7 00
Naples.
40 42
15 00
Norimberg.
52 40
12 00
Norwich.
52 44
1 00
Niniveh.
35 50
54 30
Orleans in France.
48 08
00 00
Oxford.
51 40
358 45
Prague.
56 00
14 30
Paris.
48 5
2 30
Quinzay in China.
40 0
12 00
Rome.
42 2
12 45
Roterdam.
51 55
3 45
Roan in Normandy.
49 30
1 30
Rochel.
45 49
359 00
Smyrna.
38 50
33 30
Stockholm.
48 50
15 45
Syracuse.
36 50
16 15
Thessalonica.
41 32
26 45
Toledo.
40 10.
354 00
Valence in Spain.
39 45
358 15
Venice.
45 15
12 30
Vienna.
48 22
17 00
Uraniberg.
55 55
13 00
Warwick.
52 25
358 30
Wittenberg.
51 52
13 30
Winchester.
51 13
358 00
Worms Germany.
50 25
7 45
Yarmouth.
52 45
1 30
York.
54 00
359 00
An Account of the Factories and Places now in Possession of the
English, French, Dutch, Spanish, Portuguese
and
Danes,
both in the
East
and
West-Indies.
To the
English
belong in
Asia
.
Fort S. George [aliter
Madrassipatan
] on Coast
Cormandel.
Bombay Castle and Island in the West Coast of
Decan
.
In the East of
Bisnagar
.
Pettipole
Massulipatan
Madapollam
Viceagaparam
In
Bengal.
Hughly
Ballesore
Cassum bezar
Maulda
Daca
Tutta Nutta
Pattana
In the
Moguls
Empire.
Agra
Cambaya
Surrat
Amadarad
Baroch
Dabul
in
Decan.
On the Coast of
Malabar
.
Callicut
Carnar
In
Persia
.
Ispahan
Gombroone
Bussora
In
Arabia
.
Mascat
Mocha
Smirna in
Natolia
.
In the Island
Sumatra
.
Achem
Indrapora
Bengalis
Jambee
Bantam
in Java
, till expelled by the Dutch, 1682.
Macassar
in the
Isle
Celebes
, but now expell'd.
Camboida in the K. of
Siam
.
In
China
.
Tonquen
Canton
In
Africa
.
Tangier,
in the
Coast of
Barbary
, near the
Straights
, but now demolished.
On the Coast of the
Jalofes
.
Fort
S. Andrew
Fort
S. Philip
The mouth of the River
Sierra Leona
, in the West of
Guinea
.
The Island of S.
Helens
West of
Ethiopia
, S. Lat. 16. deg..
Benin
in the East
part of
Guinea
.
On the South Coast of
Guinea
.
Calabar
Tagrin
Madrebomba
Taxorari
Cape Corso
Emacham
In
America
.
New England
New York
Pensilvania
New Jersey
East
West
Maryland
Virginia
Carolina
As also they possess Port
Nelson
in
Hudson
Bay.
Newfoundland
in part.
Jamaica
on of the greater
Antilles
.
Bermudus
lying E. of
Florida
.
New Providence
on of the
Lucajos
.
Long Island
lying S. of
New York
.
6 of the
Caribee
Islands.
Anguilla
Berbuda
St. Christopher
Nevis
Antego
Montserrat
Dominica
St. Vincent
Barbados
To the
Spaniards
belong in
Asia
.
6 of the
Philippin
, and most of the rest.
Luconia
Tandaya
Mindano
S. Juan
Mindore
Panay
In
Africa
.
The Trade on the West Coast of
Africa
.
The
Canary
Islands.
In
America
.
New Spain,
whose Parliaments are
Mexico.
Guadalajara.
Guatimala.
A
considerable part of
New Mexico.
in
Florida
.
S. Augustins
S. Matthews
Terra Firma,
whose Parliaments are
Panama.
Granada.
Peru,
whose
Parliaments are
Quito.
Lima.
De la Plata.
Chili.
A great part of
Paraguay.
Several Islands, particularly those of
Cuba.
Hispaniola.
Port-Rico.
To the
Portuguese
belong in
Asia
.
Several Factories in
Persia.
upon the
Ganes
.
Asterim
Ougelli
in
Decan
.
Chaul
a considerable Town
.
Massagan
a little Village
Morro
Caranga
Goa
with her Fortresses and adjacent Islands
Coran.
Divar.
Macao
upon the Coast of
China.
The Fort
Larentoque
In the Island
Solor
E. of
Flores.
in
Peninsula
Indiæ
extra Gangem
.
Aracan
Pegu
Tanacerin
Ligor
Cambodia
Already mentioned.
Golcond
Agra
Amadabat
Cambaia
Surat
Baroch
Bengala
In
Africa
.
Mazagan
in the Kingdom of
Morocco.
Some Forts on the River
S. Domingo
in the County of the
Jalofes.
Some Forts on the Coast of
Guinea.
Congo.
Angola.
A great part of
The Coasts of
Cafres,
and
Zanguebar.
The Trade of the E. Coast from the Cape
Good Hope,
to the
R. Sea.
Several Islands, especially those of the
Azores.
Isles of Cape
Verde.
Madera.
In
America
.
All the Coast of
Brasil
divided into many Captainships
.
Towards the mouth of the River
Amazon.
Estero
Conduba
Cogemine
To the
French
belong in
Asia
.
in the
Moguls
Empire.
Bereaux
New Surrat
The Island
S. Maria
lying South West of
Goa.
Some Forts in
The Kingdom of
Siam
.
The Island of
Java
.
In
Africa
.
Fort
Dauphin
in
Madagascar
.
A Fort on the River
Senega
.
The Trade of
Africa
upon the River
Senega.
Gambia.
Rufisque near Cape
Verde
.
in
Guinea.
Great Sestre
And
Ardra
In
America
in
Canada
.
Montreal
The three Rivers
Quebeck
Tadonsack,
and some other places on the River
St. Laurence.
A great part of
Nova Scotia.
in
New-found-land.
Bay
Plasensa
Bay
Blacco
Fort
S. Louis
in the Island
Cayene
lying E. of
Guyana.
Some of the Antilles
S. Bartholomew.
Sancta Cruz.
S. Martins.
Guadaloupe.
La Desireé.
Maria Galants.
Les Saintes.
Martinico.
S. Aloisia.
Granada.
Domingo
in part
.
Grenadins.
La Tortue
To the
Dutch
belong in
Asia
.
on the Coast
Cormandel.
Tuticoriu
Negapatam
Karkall
Fort
Gelders
Pallecate
Malacca.
Ceylon.
Java,
And most of the
Moluccoes,
tho' of right they belong to the
English.
Are several Factories.
Persia.
The
Moguls
Empire
.
Cormandel.
Malabar.
Siam.
Sumatra
.
China.
Java.
Celebes.
Borneo.
Arabia.
In
Africa
,
near Cape
Verde
.
Arguin
Gora
Many Forts in
Congo.
Some near the Cape of
Good Hope.
S. Maurice
in
Madagascar.
in
Guinea.
Factories
Forts
In
America
.
The City
Coro
in the North of
Terra Firma.
The Island
Curacco,
one
of
the
Sotovanto.
Some Forts on the Coast of
Guyana.
To the
Danes
belong in
Asia
.
on the Coast of
Cormandel.
Frankebar
Dansburge
In
Africa
.
in Guinea
.
Fort
Fredericksburgh
nigh Cape
Corso
The Castle of
Christiansburg
In
America
is
New Denmark
in the North part thereof
.
These are the Principal
European
Plantations, both in the
East
and
West-Indies
.
FINIS.
Advertisements.
ALL sorts of Spheres, Globes, Maps, Chards, Mathematical Books, and other Instruments, are Sold by
Philip Lea,
at the
Atlas
and
Hercules
in
Cheapside
ALL sorts of Mathematical Instruments both for Sea and Land, are most Correctly Made, and Sold, by
John Worgan,
under St.
Dunstan's
Church in
Fleet-street
Geography and Navigation Compleated
; BEING A New Theory and Method WHEREBY THE
True LONGITUDE
Of any Place in the WORLD May be
Found
: Whether Differing in
Longitude
only, or both in
Longitude
and
Latitude
, from any Other Place in the Habitable World.
By
GEORGE KEITH
, M.A. Rector of
Edburton
in
Sussex
.
Most Humbly Proposed to the Consideration of the
First Present Parliament
of
GREAT BRITAIN
after the Happy UNION.
LONDON
: Printed for B.
Aylmer
, at the
Three Pigeons
in
Cornhill
. MDCCIX.
The
PREFACE
TO THE Impartial Readers.
THere are no Judicious and Skilful Persons in Geography and Navigation, who will find fault with the Title of this Small Treatise, if once they be satisfied, that the Discovery I here present to their View, is true. For that a True Discovery of the Longitude, would compleat both Geography and Navigation, is so far from being any Hyperbole in Speech, that it is confessed by all Learned Men in those Sciences, that a True Discovery of the Longitude would compleat them.
If any skilful in Mathematical learning have any thing to offer against this New Theory and Method I have set forth to Publick View, how to find the Longitude, I shall take it kindly, if they please to write to me their Objections, they paying the Postage of the Letters they send to me, directing them to Mr.
Brab. Aylmer
at the
Three Pigeons
in
Cornhill
. But I pray them not to trouble themselves nor me with unlearned Objections, that have no seeming Weight of Reason in them; that any ordinary Schoolboy or Novice, who has but begun in the Study of those Sciences, would not be at the Pains nor spend Time to reply unto. But I withal desire them to put their Names to what they write to me, (otherwise I am not like to take any notice of them;) that I may not be troubled with Heaps of Letters that signify nothing to the Purpose. The only thing that they should object, is, what they think is not Mathematical, or what is not built on Fundamental Principles of Geometry and Astronomy: And let them not bring such Objections against this Discovery, that is of Equal Argument against the finding the Latitude, as the Longitude. Also I desire them to take notice, that tho' these Twelve Principles set down by me in the first Four or Five Pages of my Book, are sufficiently clear unto me; and I doubt not but they will be to many, as well as unto me; yet I have not built my Theory upon them all, but only some of them; divers of them being only for Illustration, and not for Argumentation; so as that if any of them might seem doubtful to some Readers, that will be no sufficient Reason to overthrow my Theory. And let them not say the Thing is not demonstrated, or they are not satisfied with my Proofs, and yet give no Reason for their so saying; but they ought to shew wherein the Defect lies, and by Mathematical Evidence to convince me that any of my Grounds and Fundamental Reasons are false. Neither let them take occasion against me for some Circumstantial Matters, if possibly there may be any that hurt not the Foundation: Nor for Faults of the Press; one of which I find in the beginning of
Page 3.
which correct thus:
The Declination of the Fixed Stars (as about some Seconds
per Ann.
)
is no more an Argument against finding the Longitude, than finding the Latitude
.
And if any that shall happen to read this little Treatise, who are both Learned and Impartial; as I doubt not but it will find many such both at Home and Abroad; when they have duly examin'd it, and that in due Time all the Learned World will be satisfied with it, and the Demonstration that I bring for it, is approved by them; if they please to signify so much to me, they will not only do an Act of Justice towards me, but to Mankind in general.
George Keith
.
Geography and Navigation Compleated
. BEING A New Theory and Method WHEREBY THE
True LONGITUDE
Of any Place in the World, may be Found.
SOME Indubitable Principles in Geometry and Astronomy presupposed, for the better Understanding the Demonstration of this New Method of Finding the Longitude of Places, from any First Meridian, and the Difference of Longitude between any Two Places.
I.
Any Two Triangles having Two Sides corresponding and equal to each other, and the Angle either Equal or Common; where these Two Sides meet, the other Two Angles respectively are Equal, and the Basis is Equal to the Basis.
elem. Euclid, Lib.
I.
Prop.
4.
II.
All the Fixed Stars keep the same Distance one from another, whereever they are, and whatsoever
Azimuth
they appear on; the Distance of any Two Fixed Stars is always the same, on all
Azimuths
and Meridians.
III.
The Case is the same with respect to the Longitude, whether we follow the Hypothesis of
Ptolomy
or
Copernicus
: But if the Starry Firmament be supposed to move, the Earth must be supposed to rest; or if the Earth be supposed to move, the Starry Firmament must be supposed to rest.
IV.
The Arch
AB
of the Greater Circle representing a Circle in the Heavens, is equal to the Arch
AB
in the Lesser Circle, in any
Azimuth
and in any Meridian Circle; whether there be Two Stars, the One at A and the other at B, or One Star only, and the other a Fixed Invisible Point. (
Vide
Scheme
.)
V.
The Points
A
and
B
in the Lesser Circle of the Earth being supposed to be Immoveable, have Immoveable Zeniths.
VI.
The Declination of the
Fixed
Stars (as about
some
Seconds
per Ann.
) is no more an Argument against finding the
Longitude
, than finding the
Latitude
.
VII.
Seeing in this New Method of Finding the Longitude, the Operation is only by the Fixed Stars, and neither by the Sun nor by any other of the Planets, no regard is to be had precisely to the Diversity of Time, when a Star comes to your Meridian; as if the Knowledge of the precise Time of the Night were necessary: For all such Diversity of Time, why a Star comes not every Night to your Meridian at the same Time, proceeds from the Sun's continual Declination, and his going from the Stars, and not the going of the Stars from him.
VIII.
The Longitude of Places, and Diversity of Time, are different Things, and not the same: For the Longitude of Places are Real Things that actually exist together, and are Permanent Things; whereas Time is not such, but is in a Continual Flux. Yet the Longitude first being found, gives the Difference of Time.
IX.
All Arches of Circles, Great or Small, drawn from one Center, so that they are Concentrick and Intercepted by the same
Radii
, are equal in Degrees and Minutes; as in the Scheme. Where the Arch
AB
in the Celestial Orb is equal to the like Arch in the Lesser, that represents the Terrestrial Orb. The which Principle is the Foundation of the
Quadrant, Cross-Staff
, and
Astrolabe
, and other Mathematical Instruments for measuring Arches and Angles.
X.
And seeing this Manner of Operation has no regard to any precise Time of Day or Night, it is preposterous to presuppose the Knowledge of the Exact Time when any Star is either in the Zenith or on the Meridian of your Place: And any such Objection that argueth for the Knowledge of the precise and exact Time when you are to Observe your Star, is to overthrow all finding the Latitude by common Practice of Seamen, who are never curious to know the precise and exact Time when they should Observe the Sun or a Star's coming to the Meridian, but they begin their Observation of the Sun's still Rising higher and higher, until he Rise to the Highest for that Time; and generally they begin early to make their Observations, as commonly about Eleven or a little after; and they wait to see how the Star ariseth by their Instrument, until he come to his Greatest Height; and thence they conclude he is come to his Meridian for that Day.
XI.
An Error of a few Minutes, in finding the Longitude, is no other or greater Error, than what is frequently and unavoidably committed by all Seamen, in finding their Latitude: And Seamen would think themselves well helped at Sea, if any should Teach them to find their Longitude within Nine or Ten Minutes, or more.
XII.
The Praxis or Operation I undertake to Perform at present, is, To Find the True Longitude of any Place in the World, whether at Sea or Land, where you are, or whither you happen to come; and not where you are not, and whither you are never to come; even as
you
can only find the Latitude of the Place where you are, and not where you are not, and whither you are never to come. But by Seamens observing the like Method as I shall use in this, who may happen to be in those Remote Places, I will show them by their keeping a Correspondence by Letters betwixt themselves and others in Remote Places, who may be taught to find their Longitude in those Remote Places where they are; and consequently, by the Rules here given, the True Longitude of all Places in the World where Navigation is used, may be found by Astronomical Observations, and Trigonometrical Calculations. And thus Tables of Longitude may be composed for the General Benefit of Seamen to all Navigable Places, and of all Places passable by Land, where they have never been, and whither they are never to come.
The Explication of the SCHEME.
THE greatest Circle,
ABCGHD
, represents sometimes the Equator, and other times some other great Circle in the Starry Firmament, according to the several Cases to be resolved, about the Longitude and Latitude of Places.
The Lesser Circle represents the Concentrick Circle on the Globe of the Earth.
P
represents the
North
Pole.
AG
represents the Equinoctial Colure, where I chuse to begin the First Meridian; it being allowed by all skill'd in Astronomy, that it is left to Mens Choice where to begin it; seeing it is easy by Addition or Substraction, as the Case requires, to reduce the vulgar first Meridian, which is Ten Degrees
East
from the Equinoctial Colure; and
e contra
, the first Meridian at the Equinoctial Colure to the vulgar Meridian; differing only Ten Degrees the one from the other: Withal minding, that what is call'd in the Starry Firmament the Right Ascension of the Stars from
Aries
, the Point of Intersection of the Equator and Ecliptick, on the Equinoctial Colure upon the Earth, may be called Longitude of Places; beginning at
Aries
upon Earth, on the Parallel Equinoctial Colure, at the like Intersection of the Equator and Ecliptick upon Earth. For that there are such Pa rallel Circles and Lines on Earth, artificially described by Artists in Astronomy and Geography, as the Equator, the Ecliptick, the Equinoctial and Solstitial Colures, and Ecliptick, and Points of Intersection of
Aries
and
Libra
, is evident from those Circles and Lines usually described in Globes and Maps visible to our sight, corresponding to these in Heaven, Parallel and Concentrick unto them.
CD
represents the Solstitial Colure.
The Arch
AB
, marked with Two Stars, under the Two Letters
A
and
B
, represents the Distance on the Arch of a Great Circle in the Starry Firmament, betwixt the Star
A
and the Star
B
; and if there be no visible Star at
B
, but only at
A
, as oft happens, there is a Point at
B
in the Starry Firmament, that keeps the same Distance always from
A
, as if there were a visible Star at
B
.
A
in the Greater Circle, and
B
in the same Greater Circle, represent Two
Zenith
Points of Stars, to
A
and
B
on the lesser Circle of the Globe of the Earth: And though they be but once, in the Revolution of 360 Degrees in the
Zeniths
of
A
and
B
in the lesser Circle, yet they are still at the same Distance, and may well be called
Zenith
-Points or Stars over
A
and
B
in the lesser Circle. But to take an Observation with your
Astrolabe
at Sea, and with your
Quadrant
at Land, you must have always one Star (as at
A
) to look unto, and make your Observation by the same.
The Arch
EF
represents the Distance in the Arch of a great Circle on the Globe of the Earth, of Two Places differing more or less in Latitude, but having the same Longitude; to which is to be conceived (though not described in the Scheme) a Parallel Arch in the Starry Firmament, having two Stars, or one Star and a Point; but such a Parallel is not
BA
in the greater Circle; and though not visibly described to the Eye, yet is easily conceived by the Mind.
As the Declination of any Star is equal to the Latitude of the Place over which it is Vertical, once in the Revolution of 360 Degrees, which I call a Common
Zenith
Star or Point, which all Stars of the same Declination have in common together: So where a Star is to be found, or a Point, in the Firmament, that has both the same Declination and Right Ascension from the Equinoctial Colure that the Place over which it is at some time Vertical, hath the same Latitude and Longitude; that Star or Point I call a Proper
Zenith
; for such a Property belongs to no other Star in the whole Firmament. For as no one Place in Earth has the same Latitude and Longitude with any other Place on Earth; so no Star or Point in Heaven has the same Declination and Right Ascension. And one only Star there is, or Point in Heaven, that has its Declination equal to the Latitude of the Place over which it is a Proper
Zenith
; and also its Right Ascension equal to the Longitude of that particular Place, reckoning its Longitude from the Equinoctial Colure: The which is easy to be found, both on Globes and Planispheres, if they were made in a true Conformity, the Heavenly Globes and Maps to the Heavens and Starry Firmament, and to a true Conformity to the Places on Earth, so as to be set down in their true and proper Situation: But no such Terrestrial Globes or Maps have yet ever been extant, but abound with great and foul Errors, especially with respect to their Longitudes. But by this New Theory and Method, New Terrestrial Globes in process of Time may be made, to answer so exactly to the Heavenly, as the Impression of the Seal or Stamp answers to the Seal it self, on Paper or Wax: And if there were such Globes so justly made, the Declinations and Right Ascension of every Star in Heaven would exactly correspond in equality to the Latitude and Longitude of the Place over which that Star or Point is a Proper
Zenith
or Point: And two Planispheres, the one Celestial, and the other Terrestrial, so rectified by this New Theory and Method of finding True Longitudes to all Places on Earth, being so adjusted, that the Equinoctial Colure in the Heavenly Planisphere be set upon the Equinoctial Colure in the Terrestrial Planisphere; and the Solstitial Colure in the Heavenly Planisphere to the Solstitial Colure in the Terrestrial, and both set upon one Center; the finding only the Latitude of your Place at Sea, by Observation of your proper
Zenith
Star in Heaven, and setting it under the pro per
Zenith
Star or Point in Heaven, would so exactly answer the one to the other, that your Latitude would still give your Longitude in all Places, where you are, at Sea or Land: And a small Prick with the Point of a small Needle, through your proper
Zenith
Star of Point in the Celestial Planisphere, would make a particular Impression or Mark upon the Place or City in the Terrestrial Planisphere, as Ocular Inspection would demonstrate: But as yet no such Planispheres have been extant: However, such as they are, with all their Errors, may be of some Service, by the
juxta
Position of the one upon the other, so far as to detect the Error, and find out the Truth, by making New Observations.
But it is a great Mistake, if any think that this would be a
Petitio Principii
, or running round in a Circle: For to run round in that called a vicious Circle, nothing is really and truly effected; but here there is: For you would have this as a necessary
Quesitum
to be found,
viz.
every Day that the Sky is clear, to find your true Latitude; and then you would have Three Sides of a Spherical Triangle;
viz.
the Complement of the Latitude of the Place whence you came, for one Side, and the Complement of the Latitude of the Place where you now are, for the other Side, and the Distance sailed, on the Arch of a great Circle for the Third Side; and by a Canon in the Spherical Oblique Triangles, the Three Angles can be found; and the Angle at the Pole is the Lon gitude between the Two Places; which if there were True and Just Terrestrial Planispheres, only by means of finding your Latitude, without any Trigonometrical Calculation, by Ocular Inspection, you might find your Longitude, or Difference of Longitude. But because no such Planispheres are yet made, the Ship-Master who would learn this New Method must be well taught both to project the Triangle, and also to find the Angle at the Pole, which is the Longitude of the Place, betwixt where you now are, and the Place from whence you came, both at your first setting out, and of your Advance and Progress every Day by the differing Latitude that you come into from Day to Day, until you are come to run out the whole Difference of your Latitude from the beginning of your Voyage; and then your are at the Place whither you were bound: For by running out your Latitude upon the Arch of a great Circle, where you began, you do likewise run out your Longitude, and are at your Port you designed for. And if you be driven out of the Arch of your Circle by Currents or Storms, it is but to begin a New Arch, which is as good as the former which your were driven from.
Some
Postulata
, in Order to Landmens Finding the Longitude of the Place on the Earth, where they are; and Seamens Finding the Longitude of the Place where they are at Sea; taking their Observation of some known Star,
East
or
West
from the Equinoctial Colure; if there be none upon it, answering to the Latitude of the Place where they are.
I.
Postulatum
.
TO be furnished with a good Quadrant of Two or Three Foot
Radius
or more, if it can be conveniently had, for Landmen to find their Longitude at Land; and large and good
Astrolabes
and Cross-Staffs for Seamen to find their Longitude at Sea, whereever they are.
II.
That the Persons who would learn this Practice be so far skilled in the common Principles of Astronomy and Navigation, as many Ship-Masters are; and also to have some Knowledge in Arithmetick and Geometry.
III.
That they be taught by some MathematickMasters also the Names and Situations of some few Stars, with their Declinations and Right Ascensions, as correctly given by Learned Authors. And such as are more learned, ought not to rely altogether upon any Tables of Declination and Right Ascension, but rather find them out by Art; of which, for so few as are necessary for the finding the Longitude, there is no Difficulty, nor great Labour to be used by them who are well learned. But for vulgar Use to Seamen, the ordinary Tables of Declinations and Right Ascensions of Stars, as correctly given by late Authors, may suffice; for even Learned Men differ in their Practice of finding them, in some few Minutes, which Seamen regard not.
IV.
But lest Seamen think it too much to learn the knowledge of Five or Six Stars, so as by Sight to distinguish them from all others; to ease them of that Trouble, and to encourage them in so good a Work, I shall name at present but one only Star, which they must learn to know by Sight, and note down in Writing,
viz.
the Star call'd
Scheder
, in the Breast of
Cassiopeia
; the Declination of it, which in correct Tables is 54 Deg. 55 Min. and its Right Ascension 6 Deg. 4 Min. or thereabouts. But such as have more Capacity than others, may learn to know as many Stars as they can, so as by Sight to distinguish them; and to note down in Writing, their Declinations and Right Ascensions, for their Use in working any Question at Sea, about finding the Longitude by not one Star only, but by as many as they please; and yet all, (if the Operation be rightly performed, according to the Rules here to be deliver'd) to agree to Admiration, as much as when any one Question in Trigono metry may be wrought many several ways, and by several
Datums
, and yet all to agree, with so little Difference as is not to be notic'd. For what Difference happens in working Questions in Trigonometry is not in the Rules, which are most certainly true, but in taking an Angle or a Side too much or too little, as a Minute more or less will occasion some Diversity in resolving the Question; as is well known to the Learned. And that one Star above-mention'd will suffice to any Seamen to find their Longitude as far
East
or
West, Southerly
, or
Northerly
, as that Star is any where visible. Not that the said Star has any peculiar Property in it, to discover the Longitude, more than any others; for the Longitude may be found by any Star as well as by that: But it, and many other Stars that lye near the Equinoctial Colure in our Hemisphere,
East
or
West
, are more commodious for Beginners. And that the working to find the Longitude by several Stars, whether remote or near, doth agree in the giving the same Longitude of your Place, is a sufficient Demonstration by proper Effects to proper Causes, to prove the Theory and Method I am hereafter to deliver to be true: For no fallacious Cause can constantly and uniformly produce the same Effects.
The
PRAXIS
or Operation; How a Man, whether at Sea or Land, may find the Longitude in any Part of the World where he is.
I
t being allowed by all Learned Men in Astronomy and Geography, that a Man may begin his first Meridian any where, from whence to compute his Longitude from that beginning, as a sort of
Epocha
; I chuse to begin it at the Equinoctial Colure, for Reasons above given: And having found the Longitude of any Place, whether at Sea or Land, from this beginning, it is easy by Addition or Substraction to reduce it to any vulgar Meridian, or the vulgar Meridian to it; the Vulgar being Ten Degrees
East
from the said Equinoctial Colure.
After you have well known this Star called
Scheder
, so as to distinguish it by Sight from all other Stars, wait upon the said Star until it come upon its
South
Meridian, as Seamen do to find the Sun's highest Altitude; and take its Distance from the
Zenith
of your Place, by looking to it, and using an
Astrolabe
; which is a proper Instrument frequently used by Seamen in other Countries, to observe the Height of a Star, or its
Zenith
Distance when it is at its greatest Height. Suppose the
Zenith
Distance be found by your
Astrolabe
to be 30 Degrees; Note that down for your Use, in order to the finding the Longitude.
This is one Way, that has no more Difficulty in it, nor less Exactness, than for Seamen to find their Latitude.
Objection.
But it is impossible that you can know when that Star comes to the Meridian of your Place, unless you know the precise and exact Time when it should come upon your Meridian
.
Answer
. This Objection seeks to overthrow all finding the Latitude equally as the Longitude. For this see
Page
4.
Numb.
X.
Objection 2.
When
AB
in the greatest Circle
(See the Scheme)
are Vertical to
AB
in the lesser Circle
, B
in the greater Circle is not in its least Distance from the Vertex, unless the Parallel Arches
AB
in the lesser Circle, and
AB
in the greater Circle, be in the Meridian
.
Answer
. The Words of the Objection are wrongly expressed, and carry in them a Contradiction to the Fundamentals of Astronomy: For it supposeth that two
Zenith
Fixed Stars or Points in the Starry Firmament, such as
AB
in the greater Circle, can be nearer one another at one Place than another; which is contrary to Principle II. in
Page
2. of this Treatise: The which said Principle is universally received among all the Professors of Astronomy,
viz.
That all Fixed Stars and Points in the Starry Firma ment, keep the same Distance where they are, and whatsoever
Azimuth
they appear on, as well as Meridian: For otherwise they would not be Fixed Stars, but Planets: They change indeed their Horizontal Distance, so as to be nearer the Horizon of the Place where you are, at one time, than another: And such Stars as never descend to the Horizon so as to touch it, namely the Star above mention'd, call'd
Scheder
, having Latitude 54 Degr. 55 Min. never comes nearer to the Horizon than at the Distance of 19 Degr. 50 Min. which is its nearest Distance to the Horizon: And when it is at the nearest Distance of 19 Degr. 50 Min. it is then upon the
North
Meridian; and when it is 70 Degr. 10 Min. from its nearest Distance to the Horizon upwards, then it is at its greatest Height upon the
South
Meridian: But still it keeps the same Vertical Distance from the other Star or Point
A
; both being Vertical Stars or Points to their respective Places on Earth, such as
BA
in the lesser Circle. The Words of the Objection being thus corrected, to render them consistent with the Fundamental Principles of Astronomy, by saying, when the Star
B
comes to its nearest Distance to your Horizon, the said Star is upon the Meridian; and then by your Observation you can take its true Distance from your
Zenith
; and both the Stars or Points are
Zenith
Points. But this is so far from impugning my New Theory and Method of finding the Longitude, that it confirms it, and perfectly agrees with the Practice. But I know a Way to take the true Distance of the Point
A
(when there is not a Star at
A
) from the Star
B
, at any Time of the Night, as well when it is not on the Meridian, as when it is on it: But for Brevity sake I shall not here mention it: For without that other Way, the Longitude can be found as well as the Latitude, by waiting upon the Star until it comes to the Meridian of your Place, as is above shewed.
Now for a Conclusion of the whole Matter with Relation to the Practice.
First
, By Observation how soon the Star
Scheder
comes to the
South
Meridian of your Place, take his Distance from your
Zenith
by your Instrument abovementioned.
Secondly
, By this Distance form to your self in Mind a Spherical Oblique Triangle, such as that in the Scheme,
viz. PEF
, whose Side
PE
is the Complement of the Latitude of one of your Places, and
PF
the Complement of the Latitude of your other Place, and
EF
the Distance found; which Three Sides being given, by a Canon in Spherical Trigonometry, you can find the Angle at the Pole, which is the true Longitude required of
B
from the Star called
Scheder
, at the Equinoctial Colure, by which you observed. And because he is 6 Degrees
East
of the Equinoctial Colure, you must add to the Longitude found by the Star
Scheder
the said 6 Degr. and that gives your whole Longitude of your Place from the first Meridian at the Equinoctial Colure. But to reduce it to the vulgar Meridian, you must substract 10 Degr. because the Vulgar Meridian is 10 Degr.
East
of the other.
Next, to find the Longitude of any Two Places having the same Latitude, lying due
East
or
West
, the one from the other; First observe the Distance betwixt your
Zenith
where you are, and the
Zenith
of the Star
Scheder
, as before, and take that Distance for one Side of your Triangle, and take the Complement of your Latitude for another, and the Declination of the Star
Scheder
, answering to the Latitude of the Place whose
Zenith
Star it is for the Third Side, and that will give you the Angle at the Pole; and adding to it 6 Degrees, as above, that will give the Longitude of your Two Places, from the first Meridian at the Equinoctial Colure.
G.K.
AN ESSAY Concerning the
Growth of Empiricism
; Or the Encouragement of
Quacks
.
WHEREIN The Present State of Physick in this Kingdom is fairly represented; with some Reasons for the Necessity of a Regulation in the Practice of it.
Humbly offer'd to the Consideration of the Queen's Majesty, and the Parliament of
Great Britain.
By
Fran. Guybon
, M.D.
IATRIK[Emacr] techneōn men paseōn estin epiphanestatē dia de amathiōn tōn te chreōmenōn autē, kai tōn eikē tous toiousde krinontōn, poly to paseōn ēdē tōn techneōn apoleipei
Hippocr. Lex.
Pudet hæc opprobria nobis
Et dici potuisse, & non potuisse refelli.
Ov. Met.
LONDON
: Printed for
R. Parker
, at the
Unicorn
under the
Royal Exchange
; and sold by
J. Morphew
, near
Stationers Hall
. 1712. Price 1
s.
THE
PREFACE
.
THE Design of the following Essay is briefly and plainly to represent the present State of Physick in this Kingdom; and to demonstrate the Necessity of a Regulation in the Practice of it. And as I'm fully perswaded such a Regulation in Physick would tend both to the Honour of the Nation in general, and the Good of her Majesty's Subjects in particular; so there seems no need of making any manner of Apology for engaging in so very laudable an Attempt. I can, for my own Part sincerely declare to those whose Chance it may be to have this Essay fall into their Hands, that the Design of it is entirely honest, having assuredly no other View than that of doing Service to the aggrieved, which is the far greatest Part of the Kingdom. No private Consideration of what Nature soever could have mov'd me thus to expose my self to the Censures of the World; especially in an Affair for the Intermeddling with which, 'tis to be feared I may expect more Reproaches than Thanks. For tho' I have often had it in my Thoughts, that a Man could not do a better Piece of Service to the Publick, than to demonstrate the Necessity of such a Regulation in Physick; yet the Consideration of what a vast Number of Enemies he must consequently raise to himself, did for some time, I must confess, deter me from the Attempt. I was very sensible, what a Multitude of People there are, who not only subsist but enrich themselves by those very Methods which I had undertaken to condemn; and therefore very well knew, that right or wrong I should not fail to meet with a Legion of Opponents. But the Love of Truth, and a hearty Desire of contributing somewhat to the common Good of Mankind, did at last outweigh and prevail with me above all other Considerations.
If then the following Essay may but in some Measure contribute to the Removal of those pernicious Encroachments, which have been unhappily made upon the Province of Physick, I hall have gain'd my End, and shall despise any little Censures or Reflexions which thereby I may possibly draw upon my self. And tho' I am not at present conscious of any valid Objections which can be made against what I have advanc'd, yet do promise, whatever they be, if fairly and candidly propos'd, I'll endeavour to answer them in the same Manner. For to conclude, I have given the Title of an ESSAY to the following Sheets, because I have only touch'd upon, and not exhausted the Subject.
The
CONTENTS
.
INtroduction
Definition of a Quack or Empirick
Prærequisita
to the Medical Art demonstrated in general
Particular Enumeration of them
Necessity of Understanding
The Learned Languages
Ibid.
Natural Philosophy
The Animal Oeconomy
Pharmacology
Nosology
Conclusions from the Enumeration of the
Prærequisita
Experience will not make a Physician
Difficulty of being qualified for the Practice of Physick
Quacks, how unqualified for the Profession of Physick
Greatest part of the Practitioners in Physick Quacks
Apothecaries can no more be said to be qualified than other Mechanical Tradesmen
Further Reasons for the Necessity of a Regulation in the Practice of Physick
From the Good of the Publick in general
Ibid.
Better trusting Nature than a Quack
The Universities in particular
The Art of Physick it self
The Regular Professors of the Art
Some Objections Answer'd
Several Excuses invalidated
Conclusion
AN
ESSAY
Concerning the
Growth of Empiricism
, Or the Encouragement of
Quacks
.
HEALTH being the greatest of Natural Blessings, 'tis as needless to say any thing in its Praise as to enlarge upon the Usefulness of Physick, which preserves and restores it. But as there is nothing which would more advance the Usefulness of that Divine Art, (and is therefore of greater Importance to the Publick Good) than a Regulation in the Practice of it; so there is nothing consequently more recommendable to the Consideration of the Queen and Parliament than the present State of Physick in this Kingdom. The Encouragement which Quacks and Empiricks have lately met with, is not only so surprizingly great, but so vastly detrimental, that in the best of Governments, where Civil and Religious Properties are so happily secured, there seems nothing more wanting than some speedy and powerful Expedient to restrain so growing an Evil.
But before I proceed to offer any of my Reasons for the Necessity of a Regulation in the Practice of Physick, or enter into a Detail of the evil Consequences (deservedly to be lamented by all who have a just Sense of them) which attend the Encouragement of Quacks and Empiricks, 'twill not be improper to give the Definition of, or to let the Reader know what I desire may be understood by the Words. The Word
Quack
, says the
Gazophylacium Anglicanum
, is of a
Dutch
Original, signifies a frivolous and vain Tatler, and so is applicable to all Persons of any Profession, who ostentatiously pretend to a great deal of Skill and Knowledge in Matters which they are really ignorant of, or do very little understand: And by a Quack or Empirick, I mean any and every one of those who pretend to practise Physick without Knowledge of the
Prærequisita
to that most useful but most difficult Art. There are some, 'tis true, who would fain perswade us, that the Medical Art is only to be pro moted by Experiments, or observing what things are hurtful, what beneficial in Diseases; that the Study of Nature and the Knowledge of the Body are only trifling Curiosities, and things altogether superfluous. But it's agreed, I am apt to think, amongst the more intelligent part of Mankind, that there are several things perfectly and absolutely necessary to be known, before a Man can reason and make Judgment either of the Nature of Diseases, or the Use of Methods and Medicines for the remedying them, and therefore ought to be understood before he presumes to take the Care of Mens Lives into his hands: For how can he pretend to cure Diseases, unless he first apprehends what they are, and in what they consist? How can he rationally prescribe Medicines if he understands not their Operations? Or how can he expect any manner of Advantage from them if he does not consider the Relation between the Disease and the Operation? And how can he be qualified to do any of these things, unless he be first acquainted with the Nature, Properties and Functions, of a human Body, the Subject of his Art, and to which they relate? And that this was the Opinion of the ancient Physicians, is evident from the Variety of Medical Introductions and Institutions publish'd by them. For it was not in those days thought proper that the Care of Mens Lives should be entrusted with Persons, till they were instructed in the Methods of preserving them.
Abrotanum ægro
Non audet, nisi qui didicit, dare --
Hor. Epist.
But that there are several things absolutely necessary to be known by Men before they ought to pretend to the Practise of Physick, and which are what I mean by the
Prærequisita
to the Medical Art, will more fully appear by a particular Enumeration of them,
viz.
the Knowledge of
I.
The learned Languages.
II.
Natural Philosophy.
III.
The Animal Oeconomy.
IV.
Pharmacology.
V.
Nosology.
I. The first of the
Prærequisita
then, which I shall mention, is the Knowledge of the learned Languages: For Physick being the Wisdom which is heap'd up in the various Labours and Observations of the Learned of all Ages, or the Judgments of many Men wound up, as it were into one
Cum unius hominis vita ad omnium inventionem sufficere nequeat, longi temporis observationes Historia colligit, ut ejus beneficio tanquam ex multis tot sæculorum hominibus unus efficiatur eruditissimus.
Galen. de subfigur. Empir.
Cap. 9
, 'twill be found necessary in a Physician to be vers'd in the Writings of the Ancients as well as the Moderns, and to be well acquainted with their Rules, Cautions and Remedies, they having laid the first Foundation of the most excellent Art, by both observing and describing the Nature of Diseases. Most of the Diagnostick and Prognostick Signs of Diseases are the Result of their laborious and solid Observations, and will continue to be faithful Guides to all that can make Use of them, as long as human Bodies and Nature it self remain. Nothing therefore can be more previously ne cessary to the Practice of Physick than an Acquisition of the
Greek
and
Latin
Tongues; for as in those Languages the Art is deliver'd; so without them the Terms in the
English
Translations are not possibly to be understood.
II. The next of the
Prærequisita
is Natural Philosophy: For as the Art of Physick is only the Natural Knowledge apply'd to the Preservation of Health and Life; so whoever intend to apply themselves to that Art will find it necessary to consider the Human Body, the Subject of their Art, as a meer Natural Substance, before they proceed to the Consideration of it as an Animated Being. For tho' the Human Body, as an Animated Being, is, strictly speaking, the immediate Subject of their Care; yet the peculiar Properties of A nimated Substances cannot well be distinguish'd or understood, unless the common Affections of Matter be first known, out of which, the Human as well as other Animated Bodies are compos'd. And notwithstanding those Particles of Matter, which are modify'd into a Human Body, during that State, are enrich'd with Properties and Perfections, distinguishing them from all other Beings, yet there remain in them some Affections common to other animated Beings, and some promiscuously to be found in all Natural Substances. Whoever, therefore designs to apply himself to the Art of Physick, ought to comprehend the general Properties and Affections of Matter; the Origin and transitory Nature of Forms and Qualities; and how the Parts of a Human Body consider'd as a Natural Substance may be mov'd, be fore he begins to inform himself (or indeed rightly can) of the Affections observable in a human Body, as animated or endued with Life. And this seems to have been the Method by which Novices were heretofore initiated into that Art, as appears by the Institutes of
Galen, Rhases, Sennertus, Fuchsius, &c.
as likewise in that they have blended and interwoven the Philosophy esteem'd in those Ages with that most excellent Art, and have form'd that proverbial Saying,
Ubi desinit Physicus, ibi incipit Medicus.
But Natural Philosophy is not only absolutely necessary to form a right Apprehension of the Human Body as a Part or Portion of Matter, but also to frame a true Idea of Medicines and their Operations, as will more fully appear under that Head.
III. The next of the
Prærequisita
is the Knowledge of the Animal Oeconomy, or the Consideration of the human Body as animated or endued with Life, and that as well in its natural or healthful, as in its præternatural or morbid State; it being altogether necessary to understand the natural State of the Body before the Nature of a Disease can be rightly comprehended. The Animal Body is now known to be a pure Machine, and its Actions and Motions demonstrated to be the necessary Consequences of its Structure. And as the Actions of the Body, from which Life and Health do flow, are the necessary Consequences of its Oeconomy; so likewise Diseases and all their Symptoms, are nothing but Alte rations or Disorders in it. It demonstratively therefore follows, that the greater the Knowledge of the one is, the better the Nature of the other must be known; and that a Physician ignorant of the Animal Oeconomy is ignorant of the Structure and Uses of the Machine he undertakes to regulate. The Parts of Animated Bodies are aptly and usefully divided into Solid and Fluid. Anatomy, or the Art of Dissecting the solid Parts of Animal Bodies, in order to an exact Discovery of their Situation, Structure, Uses,
&c.
as it is absolutely necessary to the Knowledge of the Animal Oeconomy, so it has ever been justly esteem'd one of the Foundation Pillars of Physick. Nor indeed of less Use is the Doctrine of the Fluids; under which Head I include a right Apprehension of the general and particular Proper ties of the Animal Fluids, and of their different Motions, Natures, Uses, Offices,
&c.
There are several other things also included in the Knowledge of the Animal Oeconomy (and some few of them I shall just mention) which tho' not strictly referable to either Branch of the above-mention'd Division of the Parts, are yet equally necessary to be understood;
viz.
the different Dependencies the Parts have on, and the different Relations they bear to each other; the Powers of Motion (both Voluntary and Involuntary) and Sensation; the general Reason and Nature of Secretion; the Velocity of the Blood's Circulation, with the Reason of its Differences at different Distances from the Heart; the Necessity of Breathing after Birth, with the Force of the Air upon the Blood in that Action,
&c. &c. &c.
But an exact Knowledge of the Animal Structure and Oeconomy, will afterwards appear more particularly necessary, as well to explicate the Virtues and Operation of Medicines, as to ascertain the Diagnosis, and comprehend the Ætiology of Diseases.
IV. Another of the
Prærequisita
is Pharmacology; comprehending the Knowledge, 1. Of simple Natural Medicines, whether of the Animal, Vegetable, or Mineral Kingdom. 2. Of the several Parts of Pharmacy, both Galenical and Chymical. 3. Of the general Nature, Virtues, and Operation of Medicines. For as a Man cannot be said to understand an Art, without understanding the Instruments as well as the Subject of that Art; so the Human Body being the Subject, and Medicines the Instru ments of this Art, the Knowledge of the one must consequently be as necessary as the Knowledge of the other.
1. By the Knowledge of simple Natural Medicines, I here mean that of the Substances themselves as well as of their Medicinal Virtues and Efficacies. 'Twould be altogether needless to wast any Time in insisting upon the Necessity of understanding this part of Pharmacology: For as without knowing the Substances, a Man in his Practise must wholly confide in, or rely upon the Gatherers and Venders of Medicines; so indeed the Knowledge of their Virtues and Efficacies, without knowing the Substances themselves, seems to me, if of any, of a very dangerous Use.
2. Pharmacy contains the Manner of Preparing and the Method of making such simple Substances into Medicines, and consists of several Parts, whether according to the Galenical or Chymical Forms. All the several Parts of Pharmacy, and of Chymistry in particular,
viz.
as it teaches the most Compendious and Efficacious Preparation of Medicines, are, and have been so often demonstrated to be so absolutely necessary to be understood by all who design for the Practice of Physick, that as there is nothing in which Men seem more agreed than in the Necessity of understanding these things; so it would be but Loss of Time to enlarge any further upon them. I shall therefore conclude what I have to offer under this Head, with the following Observation; That since it is so necessarily incumbent upon every one who pretends to the Practice of Physick, to understand all the Parts of Pharmacy, there can be no Obje ction made upon that Account, I mean, against a Physician's preparing his own Medicines, but either by ignorant or interested Men. But tho' this Observation is sufficient to excuse the Physicians for giving their own Medicines (which indeed is only resuming what their Ancestors either out of Pride or Laziness left off) yet it does not follow that there is any manner of Apology to be made for the Apothecaries intruding themselves into the Practice of Physick, as will more fully afterwards appear.
3. Under the third Branch of Pharmacology is compriz'd the Knowledge of the general Nature, Virtues and Operation of Medicines. And as Natural Philosophy was proved to be necessary towards forming a right Notion of the Human Body, so 'twill be found as necessary towards comprehending the general Nature, Virtues, and Operations of Medicines. For Medicines being only natural Substances, only Parts or Portions of Matter, 'tis evident, that their Powers and Properties are not only under the same common Laws and Rules which are observed in the other Parts of Matter, but are also to be explain'd in the same Methods: and therefore Medicines are not only Natural Substances, but they also operate in a Natural Way, [
i.e.
by different Kinds and Degrees of Motion] such Natural Substances loosing only their Denomination, and not their Natures, by being term'd or applied as Medicines. By a due Apprehension of these things, and without which it is impossible for a Practitioner in Physick to be really useful or serviceable in his Generation, Men will know what Effects to expect, and be prevent ed from a credulous Expectation of Effects, which can in no wise proceed from them in a natural Way. Medicines, notwithstanding the
Materia Medica
is made up of so vast a Variety of Natural Substances, may, in respect of their general Virtues or Operation, be compriz'd under such as produce some Evacuation, or such as only effect some Alteration in the Body. And not only Natural Philosophy, but a due Knowledge also of the Animal Oeconomy is absolutely necessary towards framing a right Notion of these Things: For unless Men understand the Structure, and comprehend the Uses and Offices of the Parts of the Body, it is impossible for them to know how, or by what Organs, or in what Regions, Parts or Juices, Medicines perform their Operations.
V. The fifth and last of the
Prærequisita
, which I shall mention, is Nosology; containing whatever relates to the General Nature, Signs, Causes,
&c.
of Diseases. For as the Consideration of the Human Body, in its natural or healthful State, is, by Physicians, only in order to the Consideration of it in its Præternatural or Morbid one; so consequently there can be nothing more previously necessary to the Practice of Physick than whatever relates to the Knowledge of the General Nature, Signs, Causes,
&c.
of Diseases.
1. And first the Want of a clear Idea of the General Nature of Diseases must be a certain Means of laying a necessary and afterwards unalterable Foundation of Error and Miscarriage in Practice. One would be tempted to think, from the erroneous Proceedings of unintelligent Practitioners, that Diseases were really separate Essences, (or I know not what substantial Forms) and as such enter'd and possess'd the Bodies of Men. Whereas, by a due Consideration of their Natures, they will be found to be nothing different or distinct from the Body, but only Changes or Alterations in the Modification of its constituent Parts, or different Modes of Indisposition in the same Body.
2. Secondly, the Doctrine of the Signs, both Diagnostick and Prognostick, is not less necessary to be throughly understood, before a Man undertakes the Practice of Physick, than the General Nature of Diseases. For as by a due Knowledge of the Diagnostick Signs, he may be instructed truly to distinguish one Disease, tho' never so much alike, from another; so thro' want of that Knowledge, one Disease is very often mistaken for and treated as another. How often, for Instance, has a
Colica
and a
Nephritis
, a
Fluor Albus
and a
Gonorrhæa
, a
Chlorosis
and a
Phthisis
been confounded? So that the Foundation of Cure seems primarily to be laid in a right Apprehension of the Diagnostick Signs of each Distemper. But here it ought to be observed, that the better a Man understands the Animal Structure and Oeconomy, the more capable he will be both of comprehending and ascertaining the Diagnosis, and that a Man ignorant of those things must necessarily mislead himself by the Use of a common Name, and apply it to denote Circumstances which are so far from being always alike, that they will be sometimes found extremely different.
And as to the Prognostick Signs of Diseases; tho' it be certain that the Recovery of the Sick is the great Design of the Medical Art, and undoubtedly more necessary than Presaging the Event of Distempers, yet the Advances which have been made in the Prognostick Part of Medicine, as acquiring no small Esteem and Authority to the Physician, ought diligently to be collected from the Observations of the Ancients, particularly of the Divine
Hippocrates
, as well as from the Writings of the Moderns.
3. Thirdly, the Ætiology of Diseases; I mean more particularly as to the immediate and conjunct Causes, will be found as necessary to be known be every Practitioner, as either the General Nature of Diseases, or the Doctrine of the Signs. For if, as is very evident in Practice, Diseases even of the same Denomination, arising from different Causes, do administer different Indications, or indicate different Methods of Cure; the Ætiology must consequently be a grand Source from whence Rational Indications can be drawn. 'Twere very easie to give Instances in almost all the Diseases incident to the Human Body, but thinking it altogether needless, because the Medical Writings are so full of them, I shall conclude this Head with observing, That as an exact Knowledge of the Animal Structure and Oeconomy is absolutely necessary to comprehend the Ætiology of Diseases; so the Modern Improvements in Anatomy have very considerably advanc'd the Ætiological Part of Medicine.
Having thus, with the utmost Brevity demonstrated, that there are several things perfectly and absolutely necessary to be known by Men before they ought to pretend to the Practice of Physick; my present Design does not at all oblige me to enquire whether I have enumerated all the
Prærequisita
to the Medical Art; but from that Enumeration of them which I have made, and from what I have advanc'd, under each of those Heads, may very fairly venture to draw the following Conclusions,
viz.
I.
That Experience alone will not make a Physician.
II.
That the Enumeration of the
Prærequisita
to the Medical Art is a sufficient Argument with what Difficulty a due Qualification for the Practice of it is attain'd.
III.
That it is a plain Demonstration, how unqualified the Quacks are for exercising the Profession they pretend to.
IV.
That it is an evident Indication to the rational Part of Mankind, who do, and who do not, and that the far greatest Part of the Practitioners in Physick do come under the Denomination of Quacks.
V.
That an Apothecary can no more be said to be Qualified for the Practice of Physick than any other Mechanical Tradesman.
I. That Experience alone will not make a Physician: For if there are, as I have already proved, several things absolutely necessary to be known by Men, before they can judge of the Nature of Diseases or Remedies, which are what I mean by the
Prærequisita
to the Medical Art: It evidently follows that Experience alone,
i.e.
Experience without the
Prærequisita
will not make a Physician. The Art of Physick then may very aptly and usefully be said to consist of two Parts,
viz.
The Theoretical and Practical. And as there is nothing truer on the one hand, than that the Theory,
viz.
the Knowledge of the
Prærequisita
is, as has been fully prov'd, absolutely necessary to the Practice: so there is nothing more evident on the other, than that the Knowledge of the Theory, tho' previously necessary, is only in order to, and therefore useless without, the Practice. For tho' 'tis impossible (I affirm) a Man should make any considerable Figure in the Practice, who is ignorant of the præliminary Arts which compose the Theory of Physick: And if with out the Knowledge of those Arts, a Man jumps, as I may say, into Practice, such a one is never to be trusted, tho' he had seen Thousands of Patients, and ten thousand Prescriptions; yet do I not (as it is ridiculous to) suppose, that Men should rest here, or dwell upon the Theory; or that the speculative Part of Physick should teach them to cure all manner of Distempers in their Closets, without a constant Attendance on the Sick, without a diligent and unwearied Observation on Diseases. A due Apprehension of these things may be a Means to determine the many unnecessary Disputes concerning the Preference of one Part of Physick to the other; the Knowledge of the one absolutely depending on, and consequently being altogether as necessary as that of the other. And as Theory and Practice, so Reason and Observation ought not to be compar'd with, or oppos'd to, each other, but join'd together, as mutually adorning and illustrating one another, to the fully compleating of a Physician. A Man may be an Advocate for Experience, and well appriz'd of the Usefulness of accurate Observations, and at the same time not discard the Use of Reason in Physick. True Observations will never be found to contradict Right Reason, nor will Right Reason exert it self in opposition to matter of Fact. But lest any of the Empirical Tribe should pretend to take Shelter under Authorities, or to interpret what
Baglivi
says concerning Experience and Observation in favour of themselves, I've purposely read over all the Works of that celebrated Author, and from innumerable Passages in his Writings, think nothing more evident, than that it is a Literate, and not an Empirical Experience, which he contends for. 'Tis not Experience without the
Prærequisita
, but such a well grounded Experience as a Man duly qualify'd for the Practice of Physick, may daily with Reason, be suppos'd to acquire. And 'tis as evident, that what he has advanc'd, concerning the Importance of Observation in the Way of Physick, ought to be interpreted in that very Sense. For tho' he says, That nothing so naturally tends to the Improvement of Physick, as Experiments and Observations, yet 'tis certainly true, that he desires it might be understood (as indeed it ought to be) of Experiments directed by the Knowledge of the Animal Oeconomy, and of Observations grounded on that and the other
Prærequisita
. So notwithstanding what Dr.
Syden ham
declares,
viz.
Vid.
Epist. Ded. Obs. Med.
Artem Medicam haud rectius esse perdiscendam, quam ab ipsius Artis Exercitio atque Usu
; and
Vid.
Tract. de Podagrâ. p. 80.
Edit. Lugd. Bat.
Praxin esse Medicinæ Profitentium Lapidem Lydium
, 'tis evident from Passages enough in that worthy Author, particularly from the whole 81st Page of the last mention'd Treatise, that he never design'd, by what he says, to advance an Empirical Experience, or to preclude the Necessity of understanding the
Prærequisita
. As there is nothing more ridiculous than to suppose all Men capable of making a good Use of Experience, or able to draw right Conclusions from the Motions of Nature; so Quacks and Empiricks, who set out without either Light or Method must undoubtedly prove stupid and erroneous Observators: It being indeed impossible that Men ignorant of the Medical
Prærequisita
, should be capable of improving either themselves or the Art by their Experience and Observations. What therefore is daily said in praise of Experience (to which no one pays a greater Deference than my self) and in Recommendation of experienc'd Physicians, ought to be understood with such a Restriction as not to include the Practitioners, who never had Opportunities of Understanding the
Prærequisita
. How ridiculous then is the Folly of those People who magnifie an Empirical Experience, or cry up a Quack or whatsoever Figure or Fame, for a Man of Experience, which wanting a Foundation, cannot be of any real Use and Ser vice either to himself or others.
II. That the Enumeration of the
Prærequisita
to the Medical Art, is a sufficient Argument with what Difficulty a due Qualification for the Practice of it is attain'd. For if it be so absolutely necessary, as has been already prov'd, to understand the
Prærequisita
to that Art, 'tis very easie to infer, both what Length of Time and Labour of Thought the Acquisition of so much Knowledge will require. 'Tis not then a Raw and Superficial Knowledge of Receipts and Medicines of Diseases and their Cures, which will qualifie a Man for the Practice of Physick, but a gradual Advancement thro' all the abovemention'd Foundations of the Art. 'Tis not to be suppos'd, that the
Ars longissima
should be so quickly acquir'd, or the most difficult of Sciences so instantly attain'd. And this Truth is not only confim'd by
Hippocrates
, in his very first Aphorism
Technē Makrē
, and in his Enumeration of the Necessaries which he requires to constitute a Good Physician
Didaskalia. Paidomathia. Philoponia. Chronos.
Hippocr. Lex
; but by the concurrent Testimonies, both of the Ancients and Moderns. Yet notwithstanding what has been advanced, concerning the
Prærequisita
to the Medical Art, and the Difficulty of acquiring the Knowledge of them; it is very surprizing to consider what a vast Number of Persons there are, who would fain become Physicians without Labour and Study, and be saluted Sons of
Apollo
, without any man ner of Right to the Title. But all and every one of those who are ignorant of the Preliminary Arts, which compose the Theory, are but Pretenders in Physick, do jump, as I said, into Practice, and are never to be trusted tho' they had seen thousands of Patients, and ten thousand Prescriptions. But I now proceed, in the third Place, more particularly to consider,
III. That the Enumeration of the
Prærequisita
to the Medical Art, is a plain Demonstration how unqualified the Quacks are for exercising the Profession they pretend to. And if, as has been prov'd, there are so many things absolutely necessary to be known, before a Man can either reason or judge of Diseases; it evidently follows, that a Quack, ignorant of those things, is absolutely unqualified for that Profession. Were but the Matter indeed, as impartially consider'd as it ought to be, there seems nothing more ridiculous than to pretend to the Practice of Physick, without a previous Knowledge of them; it being impossible but such People must make either Improper, Dangerous and Destructive, or Insignificant and Useless Applications. It is not only true in Fact, that the most generous often prove the most deadly Medicines, if administred without Judgment; but it is an every day's Observation, that those very things which have the Reputation of being harmless and inoffensive, if improperly applied, do too often create very great Mischiefs. In the Practice of Physick there is requir'd not only great Labour of Thought, in searching into the several Appearances and Circumstances of Diseases, but also great Strength of Judgment in duly weighing and comparing them together. And it is not here, as in many other Cases, where Experiments may be repeated without any great Injury; for this perhaps admits but of one single Tryal, which possibly may terminate in the Death of a Man, and one false Step, especially in an acute Disease, may be of the most fatal Consequence. Physick, 'tis true, abounds with a very large Number of excellent Medicines: But Medicines, being Relations to Human Bodies, can only be said to be good or bad, as applied; and like all other Instruments to do either Good or Hurt, according to the Nature of the Hand which uses them. As there is nothing more conspicuous on the one hand, than the useful Effects of Medicines, when Methodically and Ju diciously administred: So there is nothing more obvious on the other, than the deadly Effects even of those of the very first Rank, when us'd, without either Method or Judgment. Can any thing then more fully demonstrate the Vanity of Empiricism than the daily Experience how Inefficacious and Useless, even the most celebrated Specificks are without a Judicious and Methodical Application? For tho' a more Noble Specifick than the
Cortex
, for Instance, was never known, yet Experience convinces us how frequently we are forced even in intermitting Fevers, to call in to our Assistance, the Knowledge of Animal Oeconomy; and by Vomiting, Purging, or other proper Means, to render that Specifick useful, which would otherwise have been of no Effect: So that nothing seems more ridiculous than for a Man to pretend to cure Diseases, tho' arm'd with the best of Medicines, without the Knowledge of the Animal Oeconomy, and the Nosological
Prærequisita
. It may as well be expected that a blind Man should shoot flying, or a deaf one tune an Organ.
I cannot therefore conclude this Head without observing (which indeed naturally flows from the foregoing Considerations) how unaccountably infatuated they are, who apply themselves to any of the Empirical Tribe; there being nothing so monstrous as their Pretences; nothing, but the no less monstrous Credulity of those who employ them. But,
Quos perdere vult Jupiter, prius dementat.
Does any one Man more deserve to be ridicul'd, than he, who thinks his Gold Watch of too great Value to be put into the Hands of an under Workman, and at the same time, trusts his Body, a Machine of infinitely more curious Structure, with an ignorant Pretender in Physick. Can a Man put a greater Affront upon his Reason? Or can he give an odder Demonstration of his Kindness to Wife, Children or Friends, than to commit any of them to the Care of such unequal Managers? In Matters of far less Moment, Men generally are more guided by the Dictates of Reason, and not so easily impos'd upon by any kind of empty Pretensions. If the Title of an Estate, wherein they are concern'd, be never so little suspected, they immediately apply to the Best Advice, and will spare neither Cost nor Pains for a Right Information; but which is the most unaccountable Piece of Folly imaginable, are extremely less sollicitous about the Care of their Bodies than their Estates.
IV. That the Enumeration of the
Prærequisita
to the Medical Art, is an evident Indication to the Rational Part of Mankind, who do, and who do not, and that the far greatest Part of the Practitioners in Physick do come under the Denomination of Quacks: I appeal to the Rational Part of Mankind, because they are the fittest Judges in the Matter; for as they are capable of distinguishing who have, and who have not, had Opportunities of understanding the
Prærequisita
; so they cannot but at the same time be convinc'd, that the far greatest Part of the Practitioners in Physick, under the Denomination of Quacks. There is no thing more Evident than that there are Pretenders in Physick, who are so far from having any Knowledge of the learned Languages, that they cannot write their own; are so far from having made any Searches into the vast Collection of Ancient Learning, that they never perus'd even the Observations of the Moderns; are so far from understanding Natural Philosophy or the Animal Oeconomy, that they never had Opportunities of learning Anatomy or Chymistry; never saw a Dissection, or one Process of the Preparation of Medicines. What a melancholy Reflection then is it, that such a Trade of deceiving should be carried on under the Pretences to so useful an Art; and to consider, what a Number of People there are who having no other Foundation but Impudence and Ignorance, bubble so many Thousands out of their Money and Lives?
V. That an Apothecary can no more be said to be Qualified for the Practice of Physick than any other Mechanical Tradesman. Tho' the Preparation of Medicines, according to the Prescript is properly speaking the Business of an Apothecary, and which Preparation requires only the Knowledge of the Substances themselves, and not of their Medicinal Virtues and Efficacies; yet let us suppose an Apothecary endued with that Knowledge also, and let us consider how far it will qualify him for the Practice of Physick. We will then suppose him to know that this Medicine will purge; this, vomit; and this produce other Evacuations, or perhaps only Alterations in the Body. But as to know what is Indi cated is one thing, and how to answer such an Indication another; so the Knowledge of the Virtues and Efficacies of Medicines will not at all instruct or direct him in the Application of them. For Medicines being Relations to Human Bodies, can be only good or bad, as justly or unjustly applied: And therefore, as I instanc'd , tho' we suppose a Man to know that such a Medicine will undoubtedly Purge,
i.e.
sollicit the Bowels into that Motion we call so; yet whether this will be to the Advantage of the Person to whom it is given, depends not on the Man's Knowledge of the Medicine's Operation, but on the Fitness and Disposition of the Patients Body to receive it. Again, a Man may know, that there are some Preparations of Antimony,
&c.
which will always produce Vomiting. But tho' by the Exhibition of a Vomit, a Vitiated Stomach is sometimes restor'd; yet when the Stomach is deprav'd from a Cause which cannot be removed by Vomiting, 'tis plain, that the Use of such Medicines cannot possibly effect its Recovery. And a great many more Instances might be given in respect to the Operation of Medicines, which only produce some Alteration in the Body. The Excellency then of the Medical Art consists in a right Apprehension of the Relation between the Powers of the Medicine, and the Circumstances of the Disease. Now such a right Apprehension of this Relation, as is sufficient to qualify a Man for the Practice of Physick, cannot possibly be acquir'd by the Knowledge of Medicines, their Preparation and Virtues; but of all the abovemention'd
Prærequisita
to the Art. And this single Consideration of the Relation between the Medicine and the Body, as it distinguishes a Regular from an Empirical Practice; so it sufficiently exposes the Vanity of confiding in Receipts or
Nostrums
, and plainly demonstrates that the most celebrated Preparations (even of the Philosophers by Fire) are not capable of curing Diseases, without a Judicious and Methodical Application, and that there can be nothing consequently more ridiculous than to suppose an Apothecary capable of advising from seeing the Prescripts of Physicians. If then the Knowledge of the Preparation of Medicines, if the Knowledge of their Virtues, and Efficacies, nay, if seeing the very Prescripts of Physicians, will not amount to a Qualification; it demonstratively follows that an Apothecary can no more be said to be Qualified for the Practice of Physick, having no other Means or Opportunities of acquiring the rest of the
Prærequisita
, than any other Mechanical Trades-man. That small Pittance of Learning which is acquir'd at School, if not afterwards lost in the servile Offices of the Shop, can claim no manner of Consideration: No; the Prolix and Laborious Study of Physick, ought assuredly to commence upon a more Literate Foundation; and the Knowledge of it is not possibly attainable, but by an Education of a quite different Nature.
'Twill be very pertinent to my present Design, and not unacceptable to my Reader, I hope, to acquaint him, how the Apothecaries first crept into Houses, and introduc'd themselves into the Practice of Physick. Their officious Visits were at first made under Pretence of carrying the Physick themselves, which indeed might procure them the Reputation of careful Men, tho' by running on the Errands 'tis plain they chang'd Offices, with their Servants, and left them at home to do the Duty of their Masters. This gave them Opportunities of insinuating themselves into Nurses, Servants, and other weak Persons attending the Sick; and by their Means of being admitted to give their Opinions; and thence under Pretence of good Husbandry for the Patient, to repeat the Physician's Bills, without his Order; and at last to prescribe without his Advice. Yet I am not, I must confess, for wholly laying aside this Order of Men, they being, in my Opinion very useful and serviceable in their proper Station and Business, which is the Preparation of Medicines ac cording to the Prescript of the Physician. But when an Apothecary deserts his Station in the Shop, neglects the Business of his Trade, and runs about advising in all Distempers; he becomes an Empirick, and invades a Profession which he cannot be suppos'd to understand. Can any thing be more astonishing than the levelling of a Learned Liberal Science, with a Mechanick Trade of the Hand directed by that Science? I could wish the Fool's Character had been preserved in our Chronicles, or that his Features were now to be seen in his Statue of Brass, who first sent for the Handy-craft Labourer of the Medicines to answer any Questions concerning the Nature of the Distemper.
There is certainly no more Relation between the Business of an Apothecary, and that of a Physi cian, than between the Grinding of Colours and the Art of Painting: And therefore an Apothecary, who, without Knowledge of the
Prærequisita
, pretends to the Practice of Physick, is altogether as ridiculous as a Colour-grinder, who, without any Skill in Drawing, should presume to manage a Pencil. The one may hear the Patients examin'd, make up the Medicines himself, and observe their Effects; the other may see the first Stroaks chalk'd out, prepare the Colours himself, and afterwards see his Master at Work; yet neither of them, without being first instructed in the various Rules as well as first Rudiments of the respective Arts, shall enter into the Skill of either the Physician or Painter, tho' thy look'd on them till Dooms-day. What Pity 'tis the Imitations of both cannot be e qually expos'd to view, that the unskilful Management of the one might be as conspicuous as would be the ridiculous dawbing of the other.
There is also another Body of Men, I mean the Surgeons, who notoriously enough (tho' not indeed so frequently in great Towns as the Apothecaries) invade the Profession of Physick. But as the Rules above-mention'd are sufficient to distinguish an Empirical Pretender from a Qualified Practitioner; so by the Application of those Rules to the Surgeons, 'tis very easily demonstrable, that they cannot but come under the Denomination of Quacks in Physick.
Tho' from what has been already advanc'd, both concerning the
Prærequisita
and the Conclusions which have been drawn from the Enumeration of them, it may seem altogether needless; yet I shall now proceed to offer three or four Reasons more, which will further demonstrate the Necessity of a Regulation in Physick: And those may be said to regard,
I.
The Good of the Publick in General.
II.
The Universities in Particular.
III.
The Art of Physick it self.
IV.
The Regular Professors of it.
I. The first Reason then for the Necessity of such a Regulation (concerns the Good of the Publick and) is the Loss of her Majesties Subjects. And if I affirm that the Encouragement of Quacks tends as much to the dispeopling of the Kingdom as the Wars; The Computation must be allow'd to be mo dest, provided they kill as many in other Parts of the Kingdom as they do in those within the Sphere of my own Observation. But the Truth of this Assertion will more evidently appear to any one who does but fairly consider the Number of Quacks with which every Corner of this Kingdom has the Misfortune to abound. For what but the most dismal Execution upon the Lives, or the most dreadful Destruction of Mankind, can be expected from such a Prodigious Number of Men, who understanding not what they profess; may truly be said to be Qualified, as they are Licenc'd, to kill. And tho' the most horrid Slaughters are daily committed without any Fear of Punishment or Reproof; yet 'tis not a more melancholy Reflection to consider what a vast Number of Men fall by the Hands of these Executioners, than that the Executioners themselves should escape the Hands of Publick Justice. I am not able to express my Indignation against such presumptuous Homicides: They ought to be extirpated, if not at once, yet by Degrees, as the Wolves out of the Kingdom.
But to return; I hope to be excus'd (for whosoever is well appriz'd of her Powers may be pardon'd) for asserting, That it is better trusting to Nature than to an ignorant Pretender in Physick. That Physicians are only Servants to Nature, and that she is
Morborum Medicatrix
, are Truths known to the Ancients, and confirm'd by the irrefragabel Experience of the Moderns. And as Nature alone will conquer some Diseases, and judiciously assisted the greatest part; so nothing is a brighter Demonstration of the Greatness of her Strength, than that even the Mismanagement of Nurses, Apothecaries and other Quacks, is not able to hinder the Recovery of very large Numbers, which fall under their Hands. The greatest part of the Symptoms of Diseases are the Efforts of Nature, but which Efforts being easily disturb'd, or soon oppos'd, require the most strict and wary Observance, and without Judgment, we may sooner injure than assist her; sooner oppress than relieve her. A Physician ought therefore religiously to observe and obey the Motions of Nature, to look upon them as his surest Guides in the Cure of any Distemper, and to be advis'd, according to them, what to do, and when, and in what manner to proceed. The Art of Physick is not understood till the Artist comprehends, in the Words of my Lord
Bacon,
Quid Natura ferat, & faciat
. But if the Calamities of the Sick are encreas'd by the very Means which are used for their Relief; if instead of carefully assisting Nature in her Progresses to the Preservation of Life, she be clogg'd with useless and insignificant, or oppress'd with dangerous and destructive Applications: I may justly conclude the Condition of those People who have the Misfortune to fall under such Hands, to be indeed a very deplorable one; and the Loss of her Majesties Subjects, from the fatal Mismanagement of so vast a Number of Quacks, to be consequently so very great, that the Encouragement of them may truly be said to tend as much to the dispeopling of the Kingdom as the Wars.
II. Another Argument for the Necessity of a Regulation in Physick, is, that the Encouragement of Empiricism has already been a very great, and will hereafter be a far greater Detriment to the Universities: For it can never be suppos'd, that Men will be at the Expence of sending their Sons to any of the Seminaries of Good Literature and ingenuous Education, when the Honours and Employments of a Faculty may be obtain'd without it, and there is so little Distinction made between a Regular and an
extempore
Doctor. The Apothecaries, and other Quacks, now openly avow their Resolutions of seizing on the Practice of Physick; and of excluding in time all the University Physicians. They give not only Examples, but also Assurances of Success to all the In truders into Divinity, and others, of the pretended Education in the Liberal Sciences. It would indeed be no great Matter of Wonder or Complaint, were Empiricks encouraged only by the Ordinary Sort of People; or as the
French
call them, the
Petits Gens
; there being, as I have often observ'd, a Sort of Sympathy between Understandings. But 'tis very unaccountably suprizing, and a just Matter of Complaint, that any of the distinguish'd Part of Mankind should venture even in dangerous Cases to employ such illiterate, and consequently ignorant Pretenders. And what still enhances my Amazement is, that any of those Gentlemen, and especially any of the Clergy, who have had the Happiness of an University Education; should give any manner of Encouragement to this sort of People. They have all laid themselves under the highest Obligations of Preserving the Honour and Dignity of those Fountains of Learning. And the Physicians of the Soul in particular being obliged to visit their Parishioners in Sickness, ought not only to inform them that it is their Duty, but to press them also to apply to the Physicians of the Body, whom the Divine Laws
Ecclesiast. 38,1-12.
as well as our own have appointed; instead of either making use of Empiricks themselves, or advising others to make use of them. I can never sufficiently deplore these Indignities offer'd to our Universities, nor ever enough blame and condemn the Abettors and Promoters of them; but am not without Hopes that such growing Mischiefs as these are, will sometime be thought worthy the Consideration of those in whom alone is lodg'd the Power of Redressing them.
III. Another Argument for the Necessity of a Regulation in Physick, regards the Art it self; the Encouragement of Quacks and Empiricks threatning the Ruin of the Profession as well as of the People. 'Twould be no very difficult Task to demonstrate the Certainty of the Medical Principles, and consequently the real Usefulness of Physick to Mankind. But such an Attempt does not at all seem necessary in my present Design; because 'tis not to be suppos'd, that Persons should apply themselves even to the most ignorant Pretenders in Physick, unless such Persons really thought they should receive some Benefit from the Directions of those to whom they did apply. Yet notwithstanding Physick is undoubtedly establish'd upon such Principles as do wholly free it from those Reproaches of Uncertainty which it has often, tho' falsly, been charg'd with; it must, at the same time, be confess'd, that the Malignity of some Acute, and the Stubbornness of some Chronical Diseases, do often elude all the Assistances of Human Art: For the most judicious and the most experienc'd Physicians can have no Power, as the Wise Man expresses it, in the Day of Death. But this can be no manner of Objection to the Certainty of the Medical Principles, because it may happen and not proceed from any Defect in the Rules of the Art it self. For from a due Consideration of the Materials which compose a human Body, the Elegancy of its Structure, and the continued Flux of its Parts, 'tis very evident that it must necessarily be obnoxious to Disorders, which are Diseases; and sooner or later as necessarily to a Dissolution, which is Death. So that whoever is well appriz'd of the wonderful Fabrick of the Human Body, how curiously contriv'd and divinely fashion'd a Machine it is, may consequently be rather amaz'd at our living so long, than at our dying so soon. But tho' it must be acknowledg'd that it is not in the Physician's Power at all times, or in all Extremities, to retrieve or preserve his Patients from the Jaws of Death, (since to die is an Entail upon our Natures) yet it may with Modesty be affirm'd, Experience abundantly proving it, that there is so much Power in Medicines, and so much Virtue in Methods, as to enable him, if he but heedfully weighs and judiciously applies them, to give Ease to such as are in Pain, Sleep to such as are wearied out with Watching, and Strength to withstand the Approaches of grim and dreaded Death. But a Physician cannot, I say, be suppos'd capable of doing these things without a due Consideration of Circumstances, and a Judicious Application of Medicines. For if Medicines are promiscuously us'd in all Constitutions, or without Regard to the Circumstances of each Case, 'tis no Wonder they so often deceive Men in their Expectations of Success. And therefore as the Knowledge of the
Prærequisita
is the only Means of Qualifying a Man for a successful Practice in Physick, and consequently of advancing the Credit and Reputation of the Art; so the Ignorance of Quacks, both of the Nature, Causes, and Cure of Diseases, must necessarily produce so many and so gross Mismanagements as cannot but extremely prejudice Mankind in their Opinion of the Art. Their ill Successes are doubtless imputed to the Uncertainty of the Art it self, especially by the Undistinguishing, which is much the larger Part of Mankind; and Men from their lessen'd Opinion of it, will by Degrees neglect to apply to any Advice at all; whereas the truly Noble and Divine Art it self ought by no Means to be charg'd with what is only to be imputed to the Ignorance of those who pretend to profess it.
Besides, 'tis a true and general Observation, that Arts and Sciences do improve and grow useful, according to the Encouragement of those who profess them. But the frequent Application to Quacks and Empiricks, by Men of all Ranks and Degrees, even to the most exalted Stations, is so publick and so vast a Discouragement to the Professors of Physick, that it may truly be said to threaten the very Ruin and Destruction of the Art it self. For as such a Discouragement must necessarily lessen the Number of the Professors in Physick; so it will consequently obstruct the glorious Progress of the Art, by hindring further Inventions, and future Improvements in it. And how incapable the illiterate Pretenders in Physick are of improving either themselves or the Art, has been already demonstrated. We may then very fairly suppose there will be but few Students in Physick, if after all the Labour and Pains of Acquiring that Knowledge, and after all the Expences of a Learned Education; their Bread shall be taken off their Trenchers, as we say, by every Illiterate Pretender. What a most ingenious Author observes upon another Occasion is very applicable to this. If we consider, says he, the Expensiveness of the Voyage, which is made in search of Knowledge, 'tis very hard the Undertakers should be plunder'd of what they bring home by Privateers; under the very Canon which should protect them. All which Considerations are sufficient to shew, how far the Encouragement of Quacks and Empiricks obstructs the Progress of that glorious Art which teaches the Recovery as well as the Preservation of Health; and consequently threatens the Ruin of the Profession as well as the People.
IV. The fourth and last Argument which I shall offer for the Necessity of a Regulation in the Practice of Physick, regards the Physicians themselves,
viz.
That no Profession is so invaded with unqualify'd Pretenders, as theirs. I do not doubt, but 'twill evidently appear, that such an Invasion is singular to the Profession of Physick, notwithstanding what some have endeavour'd, tho' without any Colour of Reason, to maintain. 'Tis well known that Divinity and Law have their Palisadoes and Intrenchments; for who dare pretend in their Pulpits or Courts, but those who are fairly initiated according to Form and Custom? Whereas the Cobweb Fences of Physick are every Day invaded, any broken Weaver, Taylor, Shoemaker, or merry Andrew, dubbing himself a Doctor
Extempore
, and setting up for an
Æsculapius
. So that Quacking and Ale-keeping are now a days become the last Employments, to which Men of decay'd Fortunes apply themselves to get Bread. And as none but those who are fairly Initiated or Admitted do presume upon the Professions either of Divinity or Law; so there is but one way of Initiating or Admitting Persons into the Exercise of them. Whereas on the other side, Men are admitted to practise Physick by the most Unreasonable, and as they are at present manag'd, I may with Impunity, I hope, venture to say, scandalous Methods; I mean by Licences out of the Ecclesiastical Courts. But that the Hardship of the Physicians Case may be set in the clearest Light, 'twill be necessary to enquire into the original End and Design, as well as present Management of such Ecclesiastical Licences: I am well enough satisfy'd that their original End and Design was very good and laudable. The Statute of
Hen.
8.3.
Vid.
Pulton's
Statutes
.
very pathetically expresses the Inconveniencies ensuing by Ignorant Persons practising Physick, to the high Displeasure of God, great Infamy to the Faculty, and the grievous Hurt, Damage, and Destruction of his Majesties liege Subjects. For all which Reasons it enacts that the Bishop of each Diocese, or his Vicar-General, be empower'd to examine all those (except Graduates) who shall practice Physick in that Diocese. But the Wisdom of the same Statute is no less remarkable in obliging either of them to call to him such expert Persons in the said Faculty, as his Discretion shall think fit. For I hope, I may venture to declare my Opinion thus far, that I cannot but think the Gentlemen of those Courts very unfit Judges of a Man's Capacity to practice Physick. And therefore in 14 and 15 of
Hen.
8.5. it is still, I think, more prudentially enacted, That none shall practice in the Country, without a Testimonial of his Sufficiency from the President of the College of Physicians, and three of the Electors. I shall not here pretend to determine how far this posterior may be said to abrogate or null the prior Act. But the very End and Design of these Ecclesiastical Licences,
viz.
Prevention of the Inconveniences ensuing by Ignorant Persons practising Physick, is not only, as they are manag'd at present, wholly frustrated, but entirely perverted: For they are now adays so far from preventing, that they are the only Means of bringing those Mischiefs and Inconveniencies upon us, which the Statute mentions, by admitting such Shoals of unqualified Persons to practice Physick. That the Examination previous to Admission was formerly strict and severe, is as certain as that now a days Persons are admitted without any manner of Examination at all. Nay, so far is the Practice of these Courts corrupted, and the very End and Design of these Licences perverted, that they are now a days granted even from a Testimonial of two Licentiates. Can any thing then be more evidently apparent than the Necessity of regulating these Matters? For tho' (as I before observ'd) the first End and Design of these Licences was undoubtedly Good and Laudable, and tho' they were not Injurious (and I am apt to think they were not originally design'd to be or indeed really were) to the Regular Physicians; yet if the Reason of a Law ceases, the Law it self ought to be annull'd. But since the Method of Examination is so very much alter'd; the Original End and Design of these Licences, so manifestly perverted, and they themselves become so vastly Injurious both to the Faculty, and the Regular Professors of Physick; these very Considerations are so many Arguments
a fortiori
for the Necessity of a Regulation. And now I appeal to the sensible Part of Mankind, whether any Profession be so invaded with unqualified Pretenders as Physick; and consequently whether the Physicians have not the greatest Reason in the World to complain. And to whom should they complain, but to the Legislature? For doubtless, it was one of the Ends of Parliamentary Institution to receive the Complaints, and redress the Grievances of the Injur'd. Nay, do we not find the Legislature frequently interposing in other Professions to prevent or remove Grievances; but what Regard has there been to the most enormous ones in Physick? Are not our Lives worthy the Care of the Laws, as well as our Souls or Estates?
I shall now endeavour to obviate some Objections which are generally made, tho' indeed without any Shadow of Reason, against what I have advanc'd. And it has been objected in the first Place, that such a Regulation would be an Abridgment of the Natural Rights and Liberties of Mankind, to follow those Employments whereby they may get a Livelihood. I should be the most unwilling Man in the World to advance any thing which has the least Tendency to such an Abridgment. No, I have the ten derest Regard to their Civil as well as Religious Properties. But this Objection would equally hold against the Suppression of Gaming and other disorderly Houses, of the
Royal Oak
, and other such publick Nusances. For if the Good of the Publick ought not to be consider'd and prefer'd to that of private Persons, which I take to be an undeniable Maxim in all Governments; the Natural Liberties of Mankind may as properly be said to be abridg'd by such a Suppression, as by such a Regulation as I contend for. The same Answer will serve to some other Objections, which are much of the same Nature, and of no greater Force than the former,
viz.
That the Legislature is under no manner of Obligation to concern it self in Mischiefs which Men voluntarily pull upon themselves; That all flourishing Governments will encourage their People some Way or other to employ themselves; That every Man is
sui Juris
, and has a Natural Right of making Use of any Body he pleases, and if he be satisfy'd with the Risque he runs, what has any one to say in contradiction to his Humour.
I now proceed to invalidate some Excuses which are frequently made in Extenuation of those Practices which I have been condemning. And a great many People I am apt to believe, will think to clear themselves from the Imputation of Encouraging Quacks and Empiricks, by saying, That it is only in the Beginning of Diseases they apply to them; That in Cases of Danger, they generally have Recourse to better Advice; and, That this Custom being so very common, does not seem to need any manner of Excuse: But upon a stricter Enquiry into this Matter, the Custom of first sending for an Apothecary or other Quack, will not, I am apt to think, appear the less ridiculous, for being so frequent. For, as the Beginning of a Distemper is a very seasonable Opportunity of Assisting Nature, towards the Recovery of Health, so the Conduct of those People cannot be sufficiently condemn'd, who neglect to improve that Opportunity, by not then calling in a judicious Assistant. But far more egregious is the Folly of those who then apply themselves to any of the Empirical Tribe; it being impossible, as has been observ'd, but such Persons must make either insignificant and useless, or dangerous and destructive Applications. And as the Consideration of neglecting the Improvement of this Opportunity sufficiently condemns the Application to those who are call'd safe Men; who, as they say themselves, will do no Hurt if they do no Good; so the presumptuous Tamperers, on the other Side, may not only irreperably injure the Patient, but so quite change the Face of a Distemper, as to render it very difficult, if possible, for even a judicious Physician, when call'd in, to discover its Nature. But when a Physician has the Care of a Disease from the Beginning, he is able to make right Observations of the Progress and Alteration of its Symptoms; and consequently, not only to form a surer Prognostication of its Event, but more effectually to assist Nature in the Preservation of Life.
Again, there are others who pretend to excuse themselves for not applying to the best Advice upon the Account of saving Charges; tho' this Consideration can be of no manner of Force, unless it can be thought an Excuse to have the Chance of being kill'd cheap. But would those very People, who satisfy themselves with the Advice of an Empirical Pretender, but use their Arithmetick, they would soon be convinc'd, they acted as much against their Interest as Reason. For by physicking the Symptoms, and neglecting the Cause of a Disease, the Length of the Bill, as well as the Distemper, must be consequently encreas'd. 'Tis not the collusive Pretence of giving Advice without a Fee, which can or ought to be esteem'd an Equivalent.
There are some again who pretend to excuse themselves by pleading, that those to whom they apply, are Masters of some magnified Receipt, or pretended infallible Remedy for this or that Distemper.
But the Vanity of confiding in such Trifles has been sufficiently expos'd by the plainest Demonstration, That the most celebrated Preparations even of the Philosophers by Fire are not capable of curing Diseases, without a Judicious and Methodical Application. I shall therefore only subjoin another Consideration, which is an unanswerable Argument of their Insufficiency,
viz.
That none of these magnified Receipts or infallible
Nostrums
have ever stood the Test of an Age. Accordingly, our very own Experience is so far from confirming, that it daily contradicts the Pretended Virtues which the Alchymical Writers, and the publick Venders of Quack Medicines, with a peremptory Assurance ascribe to them.
'Tis urg'd again, that tho' it must be confess'd, that very easily curable Diseases are often made fatal by Quacks; yet 'tis equally true, that several Persons recover under their Hands. To this I answer, That they recover, 'tis true, when the Patients have more of their natural Vigour than the others are able to destroy, and rather to the Strength of Nature is the happy Event to be ascrib'd, than to the judgment of the Medicinal Administrator; such Particular Cases being no more Arguments of their Skill than a blind Man's throwing Stones, and hitting some People in a Crowd is an Argument of the Goodness of his Aim.
Having thus fairly and impartially represented the present State of Physick in this Kingdom, plainly indicated the Number of Quacks, with which it is so unhappy as to abound; and fully demonstrated not only the Impossibility of their being serviceable, but the absolute Necessity of their being injurious to it, in the Exercise of the Profession they pretend to: I think nothing can be more consequentially evident than the Necessity of a Regulation in the Practice of Physick. And I am not without Hopes, that some of the above-mention'd Reasons,
viz.
The Good of her Majesty's Subjects in General; The Honour and Advantages of Her Universities in particular; The Life and Reputation of so useful an Art as Physick; or the Particular Hardships, which the Gentlemen of that Faculty have the Misfortune to labour under; I am not without Hopes, I say, that some of these Reasons will so far influence our Legislators, as to prevail with them to take the Representation of this Case into their immediate Consideration: It is a Case undoubtedly, of the greatest Mo ment and Importance; for as the Life and Health of every individual Subject, so consequently all Ranks and Qualities, all Parties and Distinctions of Men are in the highest Degree, and equally concern'd in it. And as the great Importance of the Debate makes it not unworthy the Cognizance and Enquiry of our Legislators; so the very Nature of it seems more particularly to recommend it self to their Consideration. For 'tis certainly a great Shame, as well as an Unhappiness, that in a Kingdom where so many good Laws are in Force, and in which as much Care is taken of the Liberties and Properties of the Subject, as in any Nation upon Earth, the People should lie open and unguarded in their dearest and most valuable Enjoyments, Health and Life. There is nothing, therefore, which in my Opinion seems more plainly to demonstrate a Deficiency in our Laws, than the Want of some to Regulate the gross Miscarriages and enormous Abuses in the Practice of Physick. The College of Physicians, 'tis true, is vested with some Measure of Authority; But as their Authority is confin'd to certain Limits; so, through Want of an Enlargement of their Charter, it is not at present of that Use as seems correspondent to the Design of its Royal Institution: But either by enlarging the Charter to the College of Physicians, or by such Ways and Means as the Wisdom of our Legislature shall better approve of; there seems nothing more feasible than to make a sufficient Provision against these pernicious and destructive Practices. And whenever it shall seem expedient to those who sit at the Helm of our excellent Government, to undertake so useful and necessary a Work; I humbly recommend,
1.
That the distinct Spheres of Physicians, Surgeons, and Apothecaries, be limited and specified; The Surgeons restrain'd to their proper Business; the Apothecaries confin'd to their Shops; and all illiterate and Empirical Pretenders in Physick suppress'd.
2.
That a Provision be made for the Poor to have their Share in the best Advice and Medicines.
As the Want of such a Regulation in Physick is one of the greatest Flaws in our Constitution; and highly reflects upon the best of Governments, so such a Regulation would undoubtedly tend as much to the Honour of our Nation, as the Preservation of its People; and which not only the present, but all succeeding Generations will have the greatest Reason in the World to applaud.
FINIS.
A SHORT DISCOURSE CONCERNING
Pestilential Contagion
, AND THE METHODS To be used to Prevent it.
By
RICHARD MEAD
, M. D. Fellow of the College of Physicians and of the Royal Society.
LONDON
: Printed for
Sam. Buckley
in
Amen-Corner
, and
Ralph Smith
at the
Royal-Exchange
, 1720.
TO THE
Right Honourable
James Craggs
, Esq; ONE OF His
Majesties
principal Secretaries of State.
Sir,
I Most humbly offer to You my Thoughts concerning the
Prevention of the Plague
, which I have put together by your Command. As soon as you was pleased to signify to me, in his
Majestie's
Absence; that their Excellencies the
Lords Justices
thought it necessary for the Publick Safety, upon the Account of the
Sickness
now in
France
, that proper Directions should be drawn up to defend our selves from such a Calamity; I most readily undertook the Task, though upon short Warning, and with little Leisure: I have therefore rather put down the
principal Heads of Caution
, than a
Set of Directions in Form
.
The
first
, which relate to
the performing Quarentines
, &c. You, who are perfectly versed in the History of
Europe
, will see are agreable to what is practised in other Countries, with some new Regulations.
The next
, concerning the
suppressing Infection here
, are very different from the Methods taken in former Times among
Us
, and from what they commonly Do
Abroad
: But, I persuade my self, will be found agreable to Reason.
I most heartily wish, that the wise Measures, the
Government
has already taken, and will continue to take, with Regard to the
former
of
these
, may make the
Rules
about the
latter
unnecessary: However it is fit, we should be always provided with proper
Means of Defence
against so terrible an
Enemy
.
May this short
Essay
be received as one Instance, among many others, of the Care, you always shew for Your Country; and as a Testimony of the great Esteem and Respect, with which I have the Honour to be,
SIR,
Your most obedient, Most Humble Servant,
R.
Mead
.
Novemb. 25. 1720.
PART I. OF THE NATURE OF
CONTAGION
.
THAT the Reasonableness of any Method, which shall be proposed to prevent the spreading of
Contagious
Diseases, may the better appear, it is necessary to premise somewhat in general concerning
Conta gion
, and the Manner, by which it acts.
Contagion
is propagated by three Causes, the
Air; Diseased Persons
; and
Goods transported from infected Places
.
We
shall therefore first enquire what alteration of the
Air
it is, that makes it
infectious
; and then, by what Means it communicates its noxious Quality to other Bodies.
The
ancientest and best Authors of Physick, who lived in a Country more exposed to these Calamities than ours, observed the Constitution of the
Air
, which preceded
Pestilential Fevers
, to be great
Heats
attended with much
Rain
and
Southerly Winds
Vid. Hippocrat. Epidem. lib.
3.
: And one of Them takes particular Notice, that no o ther than a
moist
and
hot
Temperament of the
Air
brings the
Plague
; and that the Duration of this Constitution is the Measure of the Violence of the Distemper.
Galen.
de Temperament. lib. 1. Cap. 4. & Comment. in Epid.
1.3.
The
Natural History of several Countries confirmes this Observation; in
Africa
particularly, if Showers fall during the sultry Heats of
July
and
August
, the
Plague
ensues thereupon, with which whosoever is infected hardly escapes.
Vid. J. Leon. Histor. Afric. lib.
1.
It
has besides been remarked in all Times, that the Stinks of
stagnating Waters
in hot Weather,
putrid Exhalations
from the Earth; and above all, the Corruption of dead
Carcasses
lying unburied, have occasioned
infectious Diseases
.
From
hence it appears to be a
Concurrence
of Causes, that produces Diseases of this Kind; which must not only meet, but exert their Force together for a considerable time. And when this happens, their first Effect is a Degree of
Stagnation
in the Air, which is afterwards followed by
Corruption
and
Putrefaction
.
And
upon this account it is, that those Countries are chiefly liable to these Calamities, where not only the
Heats
are very great, and the
Weather
continues long in the same State; but the
Winds
(the Use of which is by Motion to purify the Air) do not shift and change so often as they do in Northern Climates.
Indeed
Plagues
seem to be of the Growth of the
Eastern
and
Southern
Parts of the World, and to be transmitted from them into colder Climates by the Way of
Commerce
. Nor do I think, that in this
Island
particularly there is any one Instance of a
Pestilential
Disease among us of great Consequence; which we did not receive from other
infected
Places.
This
I the rather mention, because it is a common Opinion, and propagated by Authors of great Name, that we are usually
visited
with the
Plague
once in 30 or 40 Years; which is a mere Fancy without any Foundation either in Reason or Experience: and therefore People ought to be delivered from the Subjection to such vain Fears.
On
the contrary, though we have several Strokes of this kind, yet there are Instances of bad
Contagions
from abroad being brought over to us, which have proved less malignant here by our Air not being disposed to receive such Impressions.
The
Sweating Sickness
, called the
Sudor Anglicus
and
Febris Ephemera Britannica
because it was commonly thought to have taken its Rise here, was most probably of a foreign Orignal, and no other than a
Plague
abated in its Violence by the mild Temperament of our Climate.
For
, we learn from Histories, that the first time this was felt here, which was in the Year 1485, it began in the Army, with which King
Henry
VII. came from
France
, and landed in
Wales
Vid. Caium de Febre Ephemera Britannica.
; and it was then thought to have been brought into
France
from the famous Siege of
Rhodes
by the
Turks
3 or 4 Years before. And of the four Returns, which this has made since that Time; two, viz.
those
in the Years 1527, and 1528, may very justly be suspected to have been owing to the
Pestilence
, which at those Times raged in
Italy
, particularly at
Florence
and
Naples
.
Vid. Rondinelli Contagio in Firenze, & Summonte Histor. di Napoli
.
And the others were very probably from a
Turkish
Infection.
I call this Distemper a
Plague
with lessened Force, because the Symptoms of it were of that kind, though in a less Degree; as great
Faintness
and
Inquietudes
, inward
Burning, Pain
in the
Head
, a
Delirium
&c. All which were accompanied with profuse
Sweats
, and the Disease lasted but 24 hours. And though for want of Care and due Management many died of it; yet as a learned and wise
Historian
Lord
Verulam's
History of
Henry VII.
observes,
It appeared rather to be a surprize of Nature than obstinate to Remedies, for if the Patient was kept warm with temperate Cordials, he commonly recovered.
And
I cannot but take Notice, as a Confirmation of what I have been advancing, that we had here the same kind of Fever in the Year 1713, about the Month of
September
, which was called the
Dunkirk Fever
, as being brought by our Soldiers from that Place; where it was indeed a Malignant Disease attended with a
Diarrhœa, Vomiting
, &c. and probably had its Original from the Pestilential Distemper, which some time before broke out at
Dantzick
and
Hamburgh
: But with us was much more mild, beginning only with a Pain in the Head, and by very easy Means went off in large
Sweats
, after a Day's Confinement.
There
being in every Air a greater Disposition to
Contagion
at one Time than another, we have indeed sometimes felt this Calamity with greater Fury; as particularly the last time in the Year 1665; when it continued in this
City
about ten Months, and swept away by computation 97306 Persons: But it was generally allowed, that the
Contagion
came by
Cotton
imported from
Turkey
Vide
Hodges
de Peste.
; and the long Duration of it, I believe, may justly be charged up the unhappy Management of infected Houses, which was then directed by Publick Authority, as I shall shew anon.
And
the History of the most terrible of all the Plagues, that ever were in these Parts of the World, which was that in the Year 1349, gives a manifest Proof from whence all
Europe
may trace the Origine of these Evils, viz. from
Asia
: for
Vid.
Histor. Fiorent. di Matteo Villani
.
This taking its Rise in
China
in the Year 1346, advanced trough the East
Indies
to
Syria, Turkey, Ægypt, Greece, Africa
, &c. In 1347 some Ships from the
Levant
carried it to
Silicy, Pisa, Genoa
, &c. In 1348 it got into
Savoy, Provence, Dauphiny, Catalonia, Castile
, &c. In 1349 it seized
England, Scotland, Ireland
, and
Flanders
; and in the next place
Germany, Hungary
, and
Denmark
; and in all these Countries made most incredible Havock.
But
to return to the Consideration of the Air, which we left in a putrid State: It is to be observed, that Putrefaction is a kind of Fermentation, and that all Bodies in a Ferment emit a volatile active Spirit, of Power to agitate, and put into intestine Motions, that is, to change the Nature of other Fluids into which it insinuates it self.
It
were easy to shew from the best
Theory
of Fevers
Vid. Bellini de Febrib.
, how the Alterations made in the
Blood
this Way will favour
Pestilential
Diseases, by rendring the Body obnoxious to them: But the Digression would be too great.
THIS is one step towards
Contagion
. The next, as it seems to me, proceeds after this Manner. The Blood in all
Malignant Fevers
, especially Pestilential ones, at the latter end of the Disease, does like Fermenting Liquors throw off a great Quantity of active Particles upon the several
Glands
of the Body, particularly upon those of the Mouth and Skin, from which the Secretions are naturally the most constant and large. These, in
Pestilential
Cases, although the Air be in a right State, will generally infect those, who are very near to the sick Person; otherwise are soon dispersed and lost: But when in an evil Disposition of
This
they meet with the subtle Parts, its Corruption has generated, by uniting with them they become much more active and powerful, and likewise more durable and lasting, so as to form an
Infectious Matter
capable of conveying the Mischief to a great Distance from the diseased Body, out of which it was produced.
They
who know what strange Attractions and Combinations are made by volatile Spirits will understand this Reasoning; especially if they consider, how easily all kinds of
Effluvia
are diffused in a warm Air, such as we have described an Infectious one to be; and further, of how penetrating a Force the finest Parts of Animal Juices are; of which the strange Stench of a mortified Limb, upon a Body yet living, will convince any one.
A corrupted State of Air is without doubt necessary to give these
Contagious Atoms
their full Force; for otherwise it were not easy to conceive how the
Plague
, when once it had seized any Place, should ever cease, but with the Destruction of all the Inhabitants: Which is readily accounted for by supposing an Emendation of the Qualities of the Air, and the restoring of it to a healthy State capable of dissipating and suppressing the Malignity.
On
the other hand it is evident, that
Infection
is not received from the Air it self, however predisposed, without the Concurrence of something emitted from
Infected
Persons; because, by strictly preventing all Intercourse of Infected Places with the Neighbourhood, it may be effectually kept from spreading: Whereas the least Wind must necessarily convey whatever noxious Quality resides in the Air alone, even to a great Distance. Of this we have had a fresh Proof in the present unhappy
Plague
in
France
, which, by keeping careful Guard, was confined for a considerable Time within the Walls of
Marseilles
; so that none of the adjacent Villages suffered any thing by it; till at length some Persons finding Means to escape carried the Infection along with them. And we find, they have been able, by the like Care, still to restrain it within moderate Bounds.
This
is the Manner by which Infectious
Effluvia
are generated: The Way, by which a sound Person receives the Injury, I suppose most commonly to be this. These
Contagious
Particles being drawn in with the Air we breath, they taint in their Passage the
Salival
Juices, which being swallowed down into the Stomach presently fix their Ma lignity there; as appears from the
Nausea
and
Vomiting
, with which the Distemper often begins its first Attacks. Though I make no Question but the
Blood
is also more immediately affected by hurtful Particles being mixed through Inspiration with it in the Lungs.
THE third Way, by which we mentioned
Contagion
to be spread, is by
Goods transported from infected Places
. It has been thought so difficult to explain the Manner of
this
, that some Authors have imagined
Infection
to be performed by the Means of
Insects
, the
Eggs
of which may be conveyed from Place to Place, and make the Disease when they come to be
hatched
. As this is a supposition grounded upon no manner of Observation, so I think there is no need to have Recourse to it. If, as we have con jectured, the
Matter of Contagion
be an active Substance, perhaps in the Nature of a
Salt
, generated chiefly from the Corruption of a
Humane Body
, it is not hard to conceive how this may be lodged and preserved in soft, porous Bodies, which are kept pressed close together.
We
all know how long a time
Perfumes
hold their
Scent
, if wrapt up in proper Coverings: And it is very remarkable, that the strongest of these, like the
Matter
we are treating of, are mostly
Animal
Juices, as
Mosch, Civet
, &c. and that the Substances found most fit to keep them in, are the very same with those which are most apt to receive and communicate
Infection
, as,
Furrs, Feathers, Silk, Hair, Wool, Cotton, Flax
, &c. the greatest Part of which are likewise of the Animal Kind; which Remark alone may serve to lead Us a little into the true Nature of
Contagion
.
From
all that has been said, it appears, I think, very plainly, that the
Plague
is a real Poison, which being bred in the Eastern or Southern Parts of the World, maintains it self there by circulating from
Infected
Persons to Goods; which is chiefly owing to the Negligence of the People in those Countries, who are stupidly Careless in this Affair: That when the Constitution of the Air happens to favour Infection, it rages there with great Violence; That at that Time more especially diseased Persons give it to one another, and
Contagious Matter
is lodged in Goods of a loose and soft Texture, which being packed up, and carried into other Countries, let out, when opened, the impri soned Seeds of Contagion: And lastly, That the Air cannot diffuse and spread these to any great Distance, if Intercourse and Commerce with the Place infected be strictly prevented.
PART II.
OF THE
METHODS
TO PREVENT
CONTAGION
.
AS it is a satisfaction to know, that the
Plague
is not a Native of our Country, so this is likewise an Encouragement to the utmost Diligence in finding out Means to keep our selves clear from it.
This
Caution consists of two Parts:
The preventing its being brought into our Island
; And, if such a Calamity should happen,
The putting a stop to its spreading among us
.
The
first of these is provided for by the established Method of obliging Ships, that come from
Infected
Places, to
perform Quarentine
: As to which I think it necessary, that the following Rules be observed.
Near
to our several Ports, there should be
Lazarettos
built in convenient Places, on little Islands if it can so be, for the Reception both of Men and Goods, which arrive from Places suspected of
Infection
: The keeping Men in
Quarentine
on board the Ship being not suffi cient; the only Use of which is to observe whether any dye among them. For
Infection
may be preserved so long in Cloaths, in which it is once lodged, that as much, nay more of it, if Sickness continues in the Ship, may be brought on Shoar at the End than at the beginning of the 40 Days: Unless a new
Quarentine
be begun every time any Person dies; which might not end, but with the Destruction of the whole Ship's Crew.
If
there has been any
Contagious
Distemper in the Ship; The
Sound
Men should leave their Cloaths; which should be burnt; the Men washed and shaved; and having fresh Cloaths, should stay in the
Lazaretto
30 or 40 Days. The reason of this is, because Persons may be recovered from a Disease themselves, and yet retain
Matter of Infection
about them a considerable Time; as we frequently see the
Small-Pox
taken from those, who have several Days before passed through the Distemper.
The
Sick
, if there be any, should be kept in Houses remote from the
Sound
; and some time after they are well, should also be washed and shaved, and have fresh Cloaths; whatever they wore while Sick being burnt: And then being removed to the Houses of the
Sound
, should continue there 30 or 40 days.
I am particularly careful to destroy the
Cloaths
of the Sick, because they Harbour the very
Quintessence
of
Contagion
. A very ingenious Author
Boccaccio
Decameron. Giornat. prim.
in his admirable Description of the
Plague
at
Florence
in the Year 1348, relates what himself saw: That two
Hogs
finding in the Streets the
Rags
, which had been thrown out from off a poor Man dead of the Disease, after snuffling upon them, and tearing them with their Teeth, fell into Convulsions, and dyed in less than an Hour.
If
there has been no Sickness in the Ship, I see no reason why the Men should perform
Quarentine
. Instead of this they may be washed, and their Cloaths aired in the
Lazaretto
, as Goods, for one Week.
But the greatest Danger is from such
Goods
, as are apt to retain Infection, such as
Cotton, Hemp
and
Flax, Paper
or
Books, Silk
of all sorts,
Linen, Wool, Feathers, Hair
, and all kinds of
Skins
. The
Laza retto
for these should be at a Distance from that for the Men, and they must in convenient Warehouses be unpackt, and exposed, as much as may be, to the fresh Air for 40 Days.
This
may perhaps seem too long; but as we don't know how much Time precisely is necessary to purge the Interstices of Spongy Substances from
infectious Matter
by fresh Air, the Caution cannot be too great in this Point: Unless there could be a Way found out, without hazarding Men's Lives, of trying when Bodies have done emitting the Noxious Fumes; which possibly might be done by putting tender
Animals
near to them, particularly by setting little
Birds
upon the exposed Goods; because it has been observed in Times of the
Plague
, that the Country has been forsaken by the
Birds
; and those kept in Houses have many of them dyed.
Diemerbroeck
de Peste
, L. 1. C. 4.
But the Use of this Fancy Experience only must shew; for I am well aware, that all
Plagues
do not indifferently affect all Kinds of living Creatures; on the contrary, most are confined to a particular
Species
of them; like the Disease of the
Black Cattle
few Years since, which neither proved Infectious to other Brutes, nor to Men.
I take it for granted, that the
Goods
should be
opened
, when they are put into the
Lazaretto
, otherwise their being there will avail nothing. The Misfortune, which happened in the Island of
Bermudas
about 25 Years since, gives a Proof of this; where, as the Account has been given me by the learned Dr.
Halley
, a Sack of
Cotton
, put on Shoar by Stealth, lay above a Month without any Prejudice to the People of the House, where it was hid; but when it came to be distributed among the Inhabitants, it carried such a
Contagion
along with it, that the living scarce sufficed to bury the Dead.
Indeed
as it has been frequently experienced, that of all the Goods, which harbour
Infection, Cotton
in particular is the most dangerous, and
Turkey
is almost a perpetual
Seminary
of the
Plague
; I cannot but think it highly reasonable, that whatever
Cotton
is imported from that Part of the World, should at all Times be kept in
Quarentine
; because it may have imbibed
Infection
at the Time of its packing up, notwithstanding no Mischief has been felt from it by the Ship's Company.
As all reasonable Provisions should be made both for the
Sound
and
Sick
, who perform
Quarantine
; so the strict keeping of it ought to be inforced by the severest
Penalties
. And if a Ship come from any Place, where the
Plague
raged, at the Time of the Ship's Departure from it, with more than usual Violence, it will be the securest Method to
Burn
all the
Goods
, and even the
Ship
.
Nor
ought this further Caution to be omitted, That when the
Contagion
has ceased in any Place by the approach of Winter, it will not be safe to open a free Trade with It too soon: Because there are Instances of the
Distemper
's being stopt by the Winter Cold, and yet the Seeds of it not destroyed, but only kept unactive, till the Warmth of the following Spring has given them new Life and Force. Thus in the great Plague at
Genoa
near 60 Years ago, which continued part of two Years; the first Summer about 10000 dyed; the Winter following hardly any; but the Summer after after no less than 60000. So likewise the last
Plague
at
London
began the Autumn before the Year 1665, and was stopt during the Winter by a hard Frost of near three Month's Continuance; so that there remained no further Appearance of it till the ensuing Spring.
Hodges
de Peste
.
Now if Goods brought from such a Place should retain any of the latent Contagion, there will be Danger of their producing the same Mischief in the Place, to which they are brought, as they would have caused in that, from whence they came.
But
above all it is necessary, that the
Clandestine Importing
of Goods be punished with the utmost Rigour; from which wicked Practice I should at this Time apprehend more Danger of bringing the
Disease
from
France
, than by any other Way whatsoever.
These
are, I think, the most material Points, to which Regard is to be had in defending ourselves against
Contagion
from other Countries. The particular Manner of putting these Directions in Execution, as the
Visiting
of
Ships, Regulation
of
Lazaretto's
, &c. I leave to proper Officers, who ought sometimes to be assisted herein by able Physicians.
The
next Consideration is, What to do in Case, through a Miscarriage in the publick Care, by the Neglect of Officers, or otherwise, such a Calamity should be suffered to befall us.
There
is no
Evil
in the World, in which the great Rule of
Resisting the Beginning
, more properly takes Place, than in the present Case; and yet it has unfortunately happened, that the common Steps formerly taken have had a direct Tendency to hinder the putting
this Maxim
in Practice.
As
the
Plague
always breaks out in some particular Place, it is certain, that the Directions of the
Civil Magistrate
ought to be such, as to make it as much for the Interest of Families to discover their Misfortune, as it is, when a House is on
Fire
, to call in the Assistance of the Neighbourhood: Whereas on the contrary, the Methods taken by the Publick, on such Occasions, have always had the Appearance of a severe
Discipline
, and even
Punishment
, rather than of a
Compassionate Care
: Which must naturally make the
Infected
conceal the Disease as long as was possible.
The
main Import of the
Orders
issued out at these Times was, As soon as it was found, that any House was infected, to keep it shut up, with a
large red Cross
, and
Lord have Mercy upon us
on the Door; and Watchmen attending Day and Night to prevent any one's going in or out, except
Physicians, Surgeons, Apothecaries, Nurses, Searchers
, &c. allowed by Authority: And this to continue at least a Month after all the Family was
dead
or
recovered
.
Vid.
Directions for the Cure of the
Plague,
by the
College
of
Physicians;
and Orders by the
Lord Major
and
Aldermen
of
London,
published
1665.
It
is not easy to conceive a more dismal Scene of Misery, than this; Families seized with a Distemper, which the most of any in the World requires Help and Comfort, lockt up from all their Acquaintance; left it may be to the Treatment of an inhumane Nurse (for such are often found at these Times about the Sick;) and Strangers to every thing but the Melancholy sight of the Progress, Death makes among themselves; with small Hopes of Life, and those mixed with Anxiety and Doubt, whether it be not better to Dye, than to survive the Loss of their best Friends, and nearest Relations.
If
Fear, Despair
, and all
Dejection of Spirits
dispose the Body to receive
Contagion
, and give it a great Power, where it is received, as all Physicians agree they do, I don't see how a Disease can be more enforced, than by such a Treatment.
Nothing
can justify such
Cruelty
, but the Plea, that it is for the Good of the whole
Community
, and prevents the spreading of
Infection
. But this upon due Consideration will be found quite otherwise: For while
Contagion
is kept nursed up in a House, and continually encreased by the daily Conquests it makes, it is impossible but the
Air
should by Degrees become
tainted
, which by opening Windows, &c. will carry the Malignity first from House to House; and then from one Street to another. The shutting up Houses in this Manner is only keeping so many
Seminaries
of
Contagion
, sooner or later to be dispersed abroad: For the waiting a Month, or longer, from the Death of the last Patient will avail no more, than keeping a
Bale
of infected
Goods
unpack'd; the Poyson will fly out, whenever the
Pandora's Box
is opened.
As
these Measures were owing to the Ignorance of the true Nature of
Contagion
, so they did, I firmly believe, contribute very much to the long Continuance of the
Plague
, every time they have been practised in this City: And no doubt they have had as ill Effects in other Countries.
It
is therefore no wonder, that great Complaints were sometimes made here against this unreasonable Usage; which, when they prevailed so far, as to procure some release for the
Sick
, were remarkably followed with an Abatement of the Disease. The
Plague
in the Year 1636 began with great Violence, but Leave being given by the King's Authority for People to quit their Houses; it was observed, That
not one in twenty of the well Persons removed fell Sick, nor one in ten of the Sick dyed
.
Discourse upon the Air, by
Tho. Cock
.
Which single Instance alone, had there been no other, should have been of Weight ever after to determine the Magistracy against too strict Confinements. But besides this, a preceding
Plague
, viz. in the Year 1625, affords us another Instance of a very remarkable Decrease upon the discontinuing to
shut up
Houses. It was indeed so late in the Year, before this was done, that the near Approach of Winter was doubtless one Reason for the Diminution of the Disease, which followed: Yet this was so very great, that it is at least past dispute, that the Liberty then permitted was no Impediment to it: For this
opening
of the Houses was allowed of in the beginning of
September
; and whereas the last Week in
August
, there dyed no less than 4218, the very next Week the
Burials
were
diminished
to 3344, and in no longer time than to the fourth week after, to 852.
Vid.
The shutting up of Houses soberly debated.
Anno
, 1665.
Since
therefore the Management in former Times neither answers the Purpose of
discovering the Beginning
of the
Infection
, nor of put ting a stop to it when
Discovered
, other Measures are certainly to be taken; which I think should be of this Nature.
Instead
of
ignorant old Women
, who are generally appointed
Searchers
in Parishes to enquire what Diseases People dye of, That
Office
should be committed to
Understanding and Diligent Men
, whose Business it should be, as soon as they find any have dyed after an uncommon Manner, particularly with
livid Spots, Buboes
, or
Carbuncles
, to give notice thereof to the Magistrates; who should immediately send skilful Physicians to Visit the Houses in the Neighbourhood, especially of the
Poorer
sort, among whom this Evil generally begins; and if upon their Report it appears, that a
Pestilential Distemper
is broke out among the In habitants, They should without Delay order all the Families, in which the Sickness is, to be
Removed
; The
Sick
to different Places from the
Sound
; but the Houses for both should be three or four Miles out of Town; and the
Sound
People should be
stript of all their Cloaths
, and
washed
and
shaved
, before they go into their new Lodgings.
No
Manner of
Compassion
and
Care
should be wanting to the
Diseased
; to whom, being now in
clean
and
airy
Habitations, there would, with due Cautions, be no great Danger in giving Attendance. All Expences should be paid by the Publick, and no Charges ought to be thought great, which are counterbalanced with the saving a Nation from the greatest of Calamities. Nor does it seem to me at all un reasonable, that a Reward should be given to the Person, that makes the first Discovery of
Infection
in any Place; since it is undeniable, that the making known the
Evil
to those, who are provided with proper Methods against it, is the first and main Step towards the overcoming it.
When
the
Sick Families
are gone, all the Goods of the Houses, in which they were, should be
burnt
; nay the Houses themselves, if that can conveniently be done. And after this all possible Care ought still to be taken to remove whatever Causes are found to breed and promote
Contagion
. In order to this, the
Overseers
of the Poor (who might be assisted herein by other Officers) should visit the Dwellings of all the meaner sort of the Inhabitants, and where they find them
stifled up too close
and
nasty
, should lessen their Number by sending some into better Lodgings, and should take Care, by all Manner of Provision and Encouragement, to make them more
cleanly
and
sweet
.
No
good Work carries its own Reward with it so much as this kind of
Charity
; and therefore be the Expence what it will, it must never be thought unreasonable. For nothing approaches so near to the first Original of
Contagion
, as Air pent up, loaded with Damps, and corrupted with the Filthiness, that proceeds from
Animal Bodies
.
Our
common
Prisons
afford us an Instance of this, in which very few escape, what they call the
Goal Fever
, which is always attended with a Degree of
Maligni ty
in proportion to the
Closeness
and
Stench
of the Place: And it would certainly very well become the Wisdom of the Government, as well with Regard to the Health of the
Town
, as in Compassion to the
Prisoners
, to take Care, that all
Houses of Confinement
should be kept as Airy and Clean, as is consistent with the Use, to which they are designed.
The
Black Assize
at
Oxford
, held in the Castle there in the Year 1577, will never be forgot
Camden.
Annal. Regin.
Elizab.
; at which the
Judges, Gentry
, and almost all that were present, to the Number of 300, were killed by a
poysonous Steam
, thought by some to have broke forth from the
Earth
; but by a
noble
and
great
Philosopher
Lord Verulam
, Natural History,
Cent.
10.
Num
. 914.
more justly supposed to have been brought by the
Prisoners
out of the
Goal
into
Court
; it being observed, that they alone were not injured by it.
At
the same time, that this Care is taken of
Houses
, the proper Officers should be strictly charged to see that the
Streets
be washed and kept clean from
Filth, Carrion
, and all Manner of
Nusances
; which should be carried away in the
Night Time
; nor should the
Laystalls
be suffered to be too near the City.
Beggars
and
Idle Persons
should be taken up, and such miserable Objects, as are neither fit for the common
Hospitals
, nor
Work-houses
, should be provided for in an
Hospital of Incurables
.
Orders
indeed of this kind are necessary to be observed at all times, especially in populous Cities; and therefore I am sorry to take Notice, that in
these
of
London
and
Westminster
there is no good
Police
established in these Respects; for want of which the Citizens and Gentry are every Day annoyed more ways than one.
If
these early
Precautions
, we have mentioned, take Effect, there will be no need of any Methods for
Correcting the Air, Purifying Houses
, or of
Rules for preserving particular Persons from Infection
: To all which if the
Plague
get head, so that the
Sick
are too many to be removed, Regard must be had.
As
to the
first; Fire
has been almost universally recommended for this Purpose, both by the Ancients and Moderns; who have advised to make frequent and nume rous
Fires
in the Towns infected: By which Means, it is said,
Hippocrates
preserved
Greece
from a
Plague
, which was entring into it from
Æthiopia
.
Galen.
de Theriac.
cap. 16.
And it is certain, that some evil Dispositions of the Air, particularly such as proceed from
Damps, Exhalations
, &c. may be corrected by
Fire
, and the Predisposition of it to receive
Infection
from these Causes sometimes removed. But when the Distemper is actually
begun
, and rages, since it is known to be
spread
and
increased
by the
Heat
of the
Summer
, and on the contrary checked by the
cold
in
Winter
; undoubtedly, whatever increases the
Heat
will so far add Force to the Disease. Whether the Service
Fires
may do by correcting any other ill Qualities of the Air will counterbalance the Inconvenience upon this Account, Experience only can determine; and the Fatal sucess of the Tryals made here in the last
Plague
, is more than sufficient to discourage any further Attempts of this Nature; for
Fires
being ordered in all the
Streets
for three Days together, there dyed in one Night following no less than 4000; whereas in any single Week before or after, not much above three times that Number were carryed off.
Hodges
de Peste
, pag. 24.
What
has been said of
Fires
, is likewise to be understood of
firing of Guns
, which some have too rashly advised. The proper Correction of the Air would be to make it
fresh
and
cool
. Accordingly the
Arabians
Rhazes
de re Medica, lib.
10. c. 16.
, who were best acquainted with the Nature of
Pestilences
, advise People to keep themselves as
airy
as possible, and to chuse Dwellings expose to the Wind.
For
keeping
Houses
cool, they took to be the best Method of
purifying
them; and therefore to answer this End more fully, they directed to strew them with
cooling
Herbs, as
Roses, Violets, WaterLillies
, &c. and to be washed with
Water
and
Vinegar
; than all which, especially the last, nothing more proper can be proposed: Though it be directly contrary to what Modern Authors mostly advise, which is to make Fumes with hot Things, as
Benzoin, Frankincense,
Asa Fœtida
, Storax
, &c. from which I see no reason to expect any Virtue to destroy the Matter of
Infection
, or to keep particular Places from a Disposition to receive it; which are the only things here to be aimed at. It is of more Consequence to be observed, that as
Nastiness
is a great Source of
Infection
, so
Cleanliness
is the greatest Preservative: Which is the true Reason, why the Poor are most obnoxious to Disasters of this Kind.
The
next thing after the
purifying of Houses
, is to consider by what Means particular
Persons
may best defend themselves against
Contagion
; for the effectual doing of which it would be necessary to put the
Humours
of the
Body
into such a State, as not to be alterable by the
Matter of Infection
. But since this is no more to be hoped for, than a
Specific Preservative
from the
Small-Pox
; the most that can be done, will be to keep the
Body
in such Order, that it may suffer as little as possible. The
first Step
towards which, is to maintain a good State of Health, in which we are always least liable to suffer by any external Injuries; and not to weaken the Body by Evacuations. The
next
is, to guard against all
Dejection of Spirits
, and
immoderate Passions
; for these we daily observe do expose Persons to the more common
Contagion
of the
Small-Pox
. These Ends will be best answered by living with Temperance upon a good generous Diet, and avoiding
Fastings, Watchings, extreme Weariness
, &c.
Another
Defence is, to use whatever Means are proper to keep the
Blood
from
Inflaming
. This, if it does not secure from
contracting Infection
, will at least make the
Effects
of it less violent. The most proper Means for this, according to the Advice of the
Arabian
Physicians, is the repeated Use of
acid Fruits
, as
Pomegranates, Sevil Oranges, Lemons, tart Apples
, &c. But above all of
WineVinegar
in small Quantities, rendered grateful to the Stomach by the Infusion of some such Ingredients as
Gentian Root, Galangal, Zedoary, Juniper Berries
, &c. Which Medicines by correcting the
Vinegar
, and taking off some ill Effects it might otherwise have upon the Stomach, will be of good Use: But these, and all other hot
Aromatic
Drugs, though much recommended by Authors, if used alone, are most likely to do hurt by
over heating
the Blood.
But
since non of these Methods promise any certain Protection; as
leaving
the Place infected is the surest
Preservative
, so the next to it, is to avoid, as much as may be, the
near Approach
to the
Sick
, or to such as have but
lately Recovered
. For the greater Security herein, it will be advisable to avoid all
Crouds of People
. Nay it should be the Care of the
Magistrate
to prohibit all unnecessary
Assemblies
; and likewise to oblige all, who get over the Disease, to
Confine
themselves for for some time, before they appear abroad.
The
Advice to keep at a Distance from the
Sick
, is also to be understood of the
Dead Bodies
: which should be
burried
at as great a Distance from Dwelling Houses, as may be; put
deep
in the Earth; and
covered
with the exactest Care. They should likewise be
carried out
in the
Night
, while they are yet fresh and free from Putrefaction: Because a Carcass not yet beginning to Corrupt, if kept from the Heat of the Day, hardly emits any kind of Steam or Vapour.
As
for those, who must of necessity attend the
Sick
; some further Directions should be added for their Use. These may be comprehended in two short Precepts.
One
is, not to
swallow their Spittle
while they are about the
Sick
, but rather to
spit
it out:
The other
, not so much as to
draw in their Breath
, when they are very near them. The reason for both these appears from what has been said above concerning the Manner, in which a sound Person receives the Infection.
This
is the Sum of what I think most likely to stop the Progress of the
Disease
in any Place, where it shall have got Admittance. If some few of these
Rules
refer more particularly to the City of
London
, with small Alteration they may be applied to any other
Place
. It remains therefore only to lay down some Directions to hinder the
Distemper
's spreading from
Town
to
Town
. The best Method for which, where it can be done, is to cast up a
Line
about the
Town infected
, at a convenient Distance; and by placing a
Guard
, to hinder People's passing from it without due Regulation, to other Towns: But not absolutely to forbid any to withdraw themselves, as they have now done in
France
, according to the usual Practice abroad; which is an unnecessary Severity, not to call it a Cruelty. I think it will be enough, if all, who desire to pass the
Line
, be permitted to do it upon Condition they first perform
Quarentine
for about 20 Days in
Tents
, or other more convenient
Habitations
. But the greatest Care must be taken, that none pass without conforming themselves to this Order, both by keeping diligent
Watch
, and by
punishing
with the utmost Severity, any that shall either have done so, or attempt it. And better to discover
such
, it will be requisite to oblige all, who travel in any Part of the Country, under the same Penalties, to carry with them
Certificates
either of their coming from Places not
Infected
, or of their passing the
Line
by permission.
This
I take to be a more effectual Method to keep the
Infection
from spreading, than the absolute refusing a Passage to People upon any Terms. For when Men are in such imminent Danger of their Lives, where they are; many, no doubt, if not otherwise allowed to escape, will use Endeavours to do it secretly, let the Hazard be ever so great. And it can hardly be, but some will succeed in their Attempts; as we see fell out in
France
notwithstanding all their Care. But one that gets off thus clandestinely, will be more likely to carry the Distemper with him, than twenty, nay a hundred, that go away under the preceding Restrictions: Especially because the
Infection
of the Place, he flies from, will by this Management be rendered much more intense. For confining People, and shutting them up together in great Numbers, will make the Distemper rage with augmented Force, even to the increasing it beyond what can be easily imagined; As appears from the
Account
, which the learned
Gassendus
Notitia Ecclesiæ Diniensis
has given us of a memorable
Plague
which happened at
Digne
in
Provence
, where he lived, in the Year 1619. This was so terrible, that in one
Summer
out of
ten thousand
Inhabitants, it left but
fifteen hundred
, and of them all but
five
or
six
had gone through the
Disease
. And he assigns
this
, as the principal Cause of the great Destruction, That the Citizens were too closely confined, and not suffered so much as to go to their Country Houses. whereas in another
Pestilence
, which broke out in the same Place a year and half after, more Liberty being allowed, there did not dye above
one hundred
Persons.
For
these Reasons, I think, to allow People with proper
Cautions
to remove from an infected Place, is the best Means to suppress the
Contagion
, as well as the most humane Treatment of the present Sufferers: But though Liberty ought to be given to the
People
, yet no sort of
Goods
must by any means be suffered to be carried over the
Line
, which are made of
Materials
retentive of
Infection
. For in the present Case, when
Infection
has seized any Part of a Country, much greater Care ought to be taken, that no
Seeds
of the
Contagion
be conveyed about, than when the Distemper is at a great Distance; because a
Bale of Goods
, which shall have imbibed the
Contagious Aura
when packt up in
Turkey
, or any remote Parts; yet, when unpackt here, may chance to meet with so healthful a Temperament of our Air, that it shall not do much hurt. But when the Air of any one of our Towns shall be so corrupted, as to spread and maintain the
Pestilence
in it, there will be little reason to believe, that the Air of the rest of the Country is in a much better State.
For
the same Reason
Quarentines
should more strictly be enjoined, when the
Plague
is in a bordering Kingdom, than when it is more remote.
I have gone through the chief Branches of
Preservation
against the
Plague
. And shall only add, that if the
Burning of Goods
, which has been proposed, be thought any Way
offensive
or
inconvenient
, The
Burying
of them six Feet, or more under Ground may answer the Purpose as well.
What
has been said of the
Nature of Contagion
, upon which the foregoing Directions are grounded, may also be of Use towards establishing a better Method of
Cure
, than
Authors
have commonly taught: But to engage in this is beyond the present Design.
FINIS.
A DISSERTATION Concerning
MISLETOE
: A most Wonderful
Specifick Remedy
for the Cure of
Convulsive Distempers
. Calculated for the Benefit of the Poor as well as the Rich, and heartily recommended for the Common Good of Mankind.
The
Fifth Edition
. To which is added, A SECOND PART, containing farther Remarks and Observations.
By Sir
JOHN COLBATCH
, late Member of the College of Physicians.
LONDON
, Printed for
Dan. Browne
, at the
Black-Swan
without
Temple-Bar
. M.DCC.XXX.
THE
PREFACE
.
I Have been many Years a Debtor to the World, and since I have not as yet been able to pay off my old Scores to my own Satisfaction, the following Dissertation comes out by way of Composition: which I hope will be accepted in part of Payment, till the Original Debt can be discharged.
That this comes out alone, is from an Impression that I have had upon my Spirits for some Weeks past, that it would be highly criminal in me to let another MisletoeSeason pass, without informing the World what a Treasure God Almighty has every Year presented to their View; and that nobody, at least very few, have received any Benefit from it.
The Article of
Convulsions
, in the Bills of Mortality of this Great City, is by much the largest of any, very commonly amounting to about a fifth Part of the whole; and, as I have been credibly inform'd, happens principally amongst Infant Children: from whence it seems plain, that a Generous Anti-Convulsive Remedy is wanting. I have publish'd the Noble Qualities of this Wonderful Medicine, in the most plain and familiar manner, that thereby it may be render'd of more publick Use; and I am not without the greatest Hopes, that People of all Ranks will receive Benefit from it.
I hope I shall not be blam'd for the Earnestness of my Recommendation of this Neglected, but Extraordinary Plant; because my own Aim in so doing, is to press People to the Use of that, which every Family may, one time or other, receive Advantage from.
The Performance is rough and unpolished; but I have chosen rather to suffer Reproach upon that Account, than let another Season slip, which I am satisfied would be to the Detriment of many.
A
DISSERTATION
Concerning
MISLETOE
.
THE Impression of the first Part of the Dissertation concerning Misletoe having been kindly received, and sold off; I have thought fit to add some farther Observations, and likewise to be more particular in my Directions for the Use of this amazing Remedy, some People having complained of my being defective in that matter.
Now since I had nothing but the common Good in my View, in the publishing my Observations of the Qualities of this extraordinary Plant, I shall endeavour to make every thing as plain as I am able. And since the Poor are those whom I chiefly aim at serving, what is farther to be added, I have thought fit to do by itself, that those who have the first, may buy this apart.
It has been no small Grief to me to observe, that when a Fever has reigned within the limits of
London
to a greater degree than ever I have known it; when the Bills of Mortality have been at the highest, the Article of Convulsions has been double to that of the Fever.
It is not improbable, but that many of those Convulsions were the Consequences of the Fever. Now, supposing that true, I have sometimes observ'd, that Misletoe being brought in as an Aid, and given in large Quantities, will prevent the Fatality of even those Convulsions.
The far greatest number of Sick, not only in the Country, but even in
London
itself, are committed to the Care of the most ignorant Pretenders: now even these People would most certainly be glad to recover their Patients, for thereby they would establish a Reputation, and secure a Livelihood: For the meanest of these Intruders, Misletoe is a proper Remedy; it costs little, will do no hurt, and, as even they are here instructed in the Use of it, will do eminent Good, and gain them Fame. If it fails of Success, since their Patients are sure not to be Sufferers by it, they can receive little Damage.
I have met with three or four in the compass of this Year that Misletoe has not had the desir'd effect upon; one of which was a young Gentleman, whose Fits attack'd him only in his Sleep; (he formerly had had them when he was awake.) The Fits that attack People in their Sleep, I have always found most difficult to be overcome, as also to be accounted for: however, I am in my own Mind satisfy'd, that by a long-continu'd Use of this Medicine, or by taking it in a different Form from what he did, he is still to be made well.
The reason for this my Opinion is, that the Texture of his Brain and Nerves is not yet so far broken, but that they still seem capable of being repaired.
Another of which was a poor Youth of fifteen, who had had the Distemper from his Cradle; and tho' he had his Medicines for nothing, yet he wanted Clothes to secure him against Cold, and I doubt the common Necessaries at home.
His Fits were frequently stav'd off for whole Moons, which had never been known before; but upon return of cold Weather, for want of being well cloth'd, and other Accidents, the Fits would return again, and so I suppose continue to do: the Carelessness of the Parents having discourag'd me from doing any thing more for him.
A third was a young Gentleman, who had only a Fit or two a Month; and in his Fits there was something peculiar; but was not well made in three or four Months: so I left off visiting him, there seeming a sort of uneasiness that he was not free from his Fits in that time.
The fourth was a young Woman about twenty-three, whose good Mother had spent her whole Substance in seven Years Attempts to make her well. In the four Months I have had her under my Care, there has been several times an appearance as if she would be made well: but Distress of Mind from her miserable reduced Circumstances, having before liv'd well, has, I believe, eluded the force of the Medicine; tho I am still in hopes to recover her, notwithstanding her Case is most miserable.
But these four Instances, where Success has been wanting, are nothing in comparison to the great numbers that have been made well.
I have lately come to the knowledge, that Misletoe will, with very little trouble, yield its Tincture in Spirit of Wine. But, not to arrogate to myself what is not my due, I shall here declare the way how I came to the knowledge of it, which is as follows.
Mr.
Small
the Surgeon, being in the Shop of Mr.
Riddle
an Apothecary in
Villers-Street, York-Buildings
, as they were talking about the wonderful Effects of Misletoe, Mr.
Small
said, That it was great pity that the Powder was disagreeable to some very nice Sto machs, as indeed I have sometimes found it to be; he therefore desir'd the other to try whether it would not yield a Tincture in highly rectify'd Spirit of Wine, as the Jesuits Bark and
Virginian
Snake-Root did: If so, he did not see why it might not be more efficacious than the Powder, as the Tinctures of the other two were.
Mr.
Riddle
immediately set about it, and in a quarter of the time that either of the others would emit their Tincture, it afforded a rich and noble one: so he immediately brought me a Bottle of it, with which I was highly delighted.
Several of the Chymical Writers have recommended the Spirit of Misletoe as an excellent
Menstruum
to extract a Tincture from Red Coral. Now it being usual for too many of those Authors to publish things upon Trust, or the bare Whimsies of their own Brains, I resolv'd to try this Affair myself, and not trust it to any one else.
I filled a glass Retort as full of Misletoe as it would contain, by cramming of it in. I then put the Retort into a Sand-Furnace. For twentyfour Hours I made such a Fire as would heat the Sand well, but not make it red-hot: in this time, little or nothing at all came over into the Receiver. It is to be observ'd, that the Misletoe was perfectly well dry'd, so that all its aqueous Humidity was gone. Afterwards I augmented the Fire, so as to make the Sand red-hot; and from about eight Ounces of Misletoe, I had near two Ounces of acid Spirit, much about the same Strength, and not much differing in Taste from the common Spirit of Vinegar.
What this acid Spirit will do as a Medicine, I have not yet tried; but may do it hereafter. This Spirit I poured upon two Drams of red Coral finely powder'd: it immediately fell to work upon the Coral, as any other acid Spirit of the same Strength would do. I let it stand so for some time, without the Assistance of any external Heat. I
afterwards
put it into the Sand-Furnace, where I kept it about forty eight hours, in a pretty strong Heat, in a Bolt-head with a very long Neck, that nothing might evaporate. It had in that time dissolv'd a good Part of the Coral, as other acid Spirits of the same Strength would do; but extracted nothing out of the Coral, that might be called a Tincture.
From the nicest Observations I have been hitherto able to make, the principal Life and Energy of Misletoe consists in its Resin, as does that of the
Peruvian
Bark, and
Virginian
SnakeRoot; and therefore by the means of highly rectify'd Spirit of Wine, a Tincture may be extracted from it, that contains all, or the greatest part of its Virtues.
I am sure that the Tincture of the
Peruvian
Bark, from many Years Experience, will cure an inveterate Quar tan Ague, better and more effectually than the Powder will do. Now when the Tincture is extracted from the Bark, what remains is no better than Saw-Dust, which can never be digested by a human Stomach, and may lodge there, and in the
Plicæ
of the Guts, and do much mischief: But with the Powder of Misletoe it is not so, it being of a more lax and mucilaginous nature, and therefore can lodge no where to do hurt.
But it's not improbable that that Mucilage which is in the Powder, and hinders it from doing hurt, may so invelope the resinous Part of it, as sometimes to hinder its doing that Good, which it will do alone, when dissolved in Spirit of Wine.
Observe, that Spirit of Wine highly rectify'd, will no more touch the mucilaginous Part of the Misletoe, than it will the Saw-dust Part of the
Peruvian
Bark.
I am now fully convinced, that Misletoe is almost, if not altogether, as certain a Specifick in the Cure of Epilepsies, and other convulsive Distempers, as the Bark is in curing Intermitting Fevers; and so, thanks to Providence, we have another Specifick.
In old and obstinate Quartan Agues, the Bark will not overcome them without Difficulty, and Length of Time; and sometimes not at all, without the Assistance of the Salt of Steel, and some other Helps: and after all, upon any Irregularity, or taking Cold, the Ague will return with as great Violence as ever.
So it is in old inveterate Epilepsies, and other convulsive Distempers, Misletoe alone will not sometimes take place, but wants the Assistance of
Assa-fœtida
, and sometimes of other things; which things, by themselves, would prove of no effect at all. Upon Accidents, or Cold-taking, the Distemper will be apt to return; as it is with obstinate Quartans.
If it sometimes happen to fail in the curing of old inveterate Epilepsies; that may proceed from the Texture of the Brain and Nerves being so broken and destroy'd, as never to be able to admit of being repaired: This is no Argument against the Medicine's being a Specifick for the Cure of the Distemper in general, as it most certainly is, and will even do good to the Incurable.
But in recent Epilepsies, and even in the St.
Vitis's
Dance itself, it will, as far as I have seen, as certainly cure, as the Bark will a Quartan Ague; and is therefore by much the greater Remedy, by how much the one Disease is greater and more formidable than the other. But as it is so, a much greater Space of time is necessarily required for the extirpating of it, than of the other.
In Consumptive Cases, proceeding from a Decay of the Lungs, or any of the Noble Parts, it's very common to see, during the time that Matter is forming, a regular Paroxism of a Fever, so exactly resembling that of a common Ague, that no one thing can be more like another; beginning first with a cold shivering Rigour, after that with a hot burning Fit, and when that is gone off, with profuse Sweats.
The Bark will rarely fail to stave off these Fits for a time, but would never, that I could yet observe, prevent their Return; and when they have return'd, it has been with greater Violence, and I fear with worse Consequence to the Patient, than if it had never been given. I am inclin'd to think I can assign a Reason for it; but that does not belong to this Place.
It very commonly happens, that Epilepsies, and other Convulsive Disorders, are not original Diseases, but Symptoms and Consequences of some other Distemper or Accident.
As for instance, Worms corroding the most sensible Membranes of the Guts, impassable Stones in the Ureters, wounded Nerves and Tendons,
&c.
Misletoe will frequently relieve People under all these Circumstances, but will not cure them: But that may be said of this, which cannot be said of the Bark, That if it does not cure them, it will do no hurt. By the means of it, both Physicians and Surgeons may gain time, which is a thing of the greatest consequence: (
Qui dat Tempus, dat Vitam
.) By which means the greatest Diseases, and most terrible Accidents, may sometimes be overcome.
I shall here give an Account of a Couple of Cases which have fallen in my way, since the publishing of the First Part of this
Dissertation
, and very extraordinary ones they are.
About the middle of
December
, a very worthy Man in the City brought his Son to me, an only Child, of about eight Years of Age. About a Year and a half before, he had the Confluent Small-pox: Soon after the Small-Pox was over, he was attacked with Epileptick Fits. The Father immediately had recourse to a Physician of Eminence; he not succeeding, he applied to another, and so to a third: but whatever was done, had no effect, for he every day grew worse and worse; so that at last his Parents determined to give him no more Medicines, despairing of a Cure. Notwithstanding which, upon the Father's reading the
Dissertation upon Misletoe
, he alter'd his Mind, and immediately brought the Child to me.
It was as melancholy a Spectacle as could be beheld. From being a Child of lively Temper, and quick Understanding, he was become stupid. When he had no Fit upon him, his Muscles were always in motion. If he were sitting, he would dart himself out of his Chair, like an Arrow out of a Bow, hitting his Head against the Wall, or any thing else that was before him; so that they were forced to have one always with him, for fear he should dash out his Brains, or dart himself into the Fire, and destroy himself that way.
I prescrib'd for him as follows:
"Take of the Powder of Misletoe, dried in the manner before directed, an Ounce;
Assa-Fœtida
, a Dram; Syrup of Pioneys, a sufficient Quantity to make an Electuary."
Of this I ordered him to take the Quantity of a Nutmeg, first in the Morning, at five in the Afternoon, and last at Night; and to drink after each Dose a Draught of the following Infusion.
"Take of the whole Plant, Leaves, Berries, small Twigs and large ones, grossly bruis'd in a Mortar, four Ounces; of the Flowers of red Pioneys, one Handful; boiling Water, a full Quart: Infuse in a Pot close stopt by the Fire-side, for two Hours; then strain out, and sweeten with two Ounces of Syrup of Pioneys."
For a Month, or something more, he found little or no Benefit; nay, sometimes the Fits would be more frequent and violent than they had been before: However this did not discourage the honest Parents, but on they proceeded, and had their Wishes and Expectations effectually answer'd. When he began to mend, he sensibly grew better every day, and by the end of
March
was perfectly recover'd, as brisk in his Temper, and as quick in his Understanding, as any Child, I think, I ever saw in my Life.
For Security-sake, I desired that he might take the Medicines Night and Morning for two or three Months longer, which was readily comply'd with; and he has never had a Fit since.
Misletoe generally keeps the Body open; but when it does not do it, it is necessary, once in three or four Days, to give some very gentle lenitive Medicine; but never any strong Purge, which always does Mischief in Epileptical Cases.
It always kept this Child regularly open, so he had never any thing given him, from beginning to end, but what is here mentioned.
I own, that when I first saw this Child, I did apprehend his Case to be so very desperate, that I did not think it possible for him ever to be made perfectly well: but, thro' God's Mercy, I was deceived.
On the twenty seventh Day of
December
, I was sent for to a most beautiful young Lady of about eleven Years of Age, whose Circumstances were most deplorable. She had the St.
Vitis's
Dance in as extreme a man ner, as, perhaps ever any one had: I had never seen any thing before like it.
Her Understanding was greatly impair'd; such a Faultring in her Speech, that she could scarce speak a Word so as to be understood. All the Muscles of her Body were continually convulsed, both in Bed and up. She could neither stand, nor use her Hands so much as to feed herself. For three or four Nights in the Week she would never sleep at all, but pass the whole Nights in the most hideous Shrieks and Lamentations.
She was attack'd about three Years before with slight Epileptical Fits; upon which her tender Mother sent for as able and honest a Physician as any of the Faculty. I am sure he treated her with the utmost Compassion and Care; however all his Attempts proved ineffectual, for want of being thorowly acquainted with this glorious Specifick. The Disease got ground of him, till it arrived to the Height before-mention'd, in spight of all he could do.
When I was called in, I earnestly press'd that the former Physician might be continu'd, but that was refus'd: so I went on in the following manner.
I shall recite the whole in
English
, that the meanest Capacity may comprehend it.
It is to be observed in this young Lady, that in less than a Week there were manifest Signs of her growing better.
December
27. 1718. I order'd as follows:
"Powder of Misletoe, a Scruple; Syrup of Pioneys a sufficient Quantity to make a Bolus, to be taken every six Hours; drinking after each, six or seven Spoonfuls of the following Infusion.
The whole Misletoe, bruised as is before directed, three Ounces; Pioney-Flowers, half an Handful; Boiling-Water, twenty Ounces: Infuse in a Pot close stopt, by the Fire-side, for an Hour; then strain out. To the strain'd Liquor add Compound Pioney-Water, and Syrup of Pioneys, of each an Ounce."
Twenty-ninth, I order'd the following the Purge; and as soon as that had done working, to proceed in the Use of the Bolus, and Infusion. And for an Aid, to give her the most speedy Relief possible under her miserable Circumstances, I directed Plasters for her Feet, which I have frequently known to be of great use in Disorders of the Head and Nerves.
The Purging Infusion.
"Take of the
Decoctum Sennæ Gereonis
, two Ounces; Manna, half an Ounce; Compound Pioney-Water, two Drams: mix and make a Potion, to be given early in the Morning.
Strain'd
Galbanum
, three Drams; Powder of Nutmeg, one Dram: mix them together, and spread upon Leather, to be applied to the Soles of the Feet."
December
the last, I order'd the Purging Potion to be repeated, and that she should go on with the Bolus and Infusion: The Distress in the Night continued, but the Convulsions in her Nerves abated; so I order'd, that during the Time of those Paroxisms, she should frequently take a Spoonful of the following Mixture; and that a Plaster of strain'd
Galbanum
should be applied to her Navel; and that the Plasters to her Feet should be renewed.
"
Assa-fœtida
, two Scruples; Rue and Pennyroyal Water, of each four Ounces; Compound Pioney-Water, an Ounce; Compound Spirit of Lavender, a Dram; fine Sugar, half an Ounce: mix them well together in a Mortar."
January
the third, she was much better every way; I then order'd "three Grains of
Assa-fœtida
, and one Drop of Oil of Rosemary to be added to each Bolus."
In this Method she continued to the end of
January
, sensibly mending every Day; I then order'd that she should take the Bolus and Infusion but three times a Day, which she continued to do till the end of
February
.
By that time she was as well as ever she was in her whole Life; she could walk and speak perfectly well; she could not only feed herself, but sew for her Diversion.
For Security-sake, I order'd the continuance of the Bolus and Infusion, Night and Morning, till the End of
April
, which was readily complied with.
She continues perfectly well, without the least Appearance, that ever she had so long labour'd under such a terrible Illness.
I was in
March
last called to a Gentleman, who was in as distressed a Condition as a human Creature could possibly be, labouring under a Complication of Distempers, one of which was a Convulsive Asthma; which was so grievous to him, that he told me he had not been able to keep his Bed for a whole Night together, of three Months; and sometimes for several Nights together, not to be able to lie down in his Bed at all, but to sit up with Windows open upon him.
I shall not trouble you with his other Circumstances, which were very grievous (from all which he is very well got over) but only give an account what Misletoe did in the Cure of his Asthma.
I order'd him to drink a large Draught of the following Emulsion every Night before he went to Bed, and at times to drink the whole Bottle before he rose, if Sleep did not prevent it.
Helmont
, I remember, calls the convulsive Asthma
Caducus Pulmonum
, which coming into my Mind, occasion'd my giving him this Medicine.
"I order'd four Ounces of bruis'd Misletoe to be infus'd in a Quart of boiling Water for an Hour, then to be strain'd out; when perfectly cold, to add half a Pint of
Lisbon
White-wine: afterwards, with two Ounces of blanch'd Almonds to make an Emulsion, and to be sweetned with a sufficient quantity of fine Sugar."
To the best of my remembrance he never had one Fit of the Asthma afterwards.
But observe what a quantity of Misletoe he took every Night, even as much as could be got out of four Ounces by Infusion in Water.
Tho' I have observ'd before, that now it evidently appears to me, that the most active Part of the Misletoe consists in its Resin, which is only to be extracted with Spirit of Wine; yet it not being so rugged a harsh Body as the Bark is, the Resin being invelop'd in a slimy Mucilage, it will, by being infus'd in Water, part with some proportion of its Resin, which the Bark will not; and, for ought I know, its Mucilage may be of great Use in many Cases, especially in young Children, to obtund the Acrimony of the Bile, which is apt to gripe them, and so the Powder may be better for them, than given any other way: But this must be left to Time and further Experience.
What I have hitherto done, till very lately, has been by the means of the Powder and Infusion, and great things they are. If by the use of the Tincture I shall be enabled to make a farther Progress, the World may expect to be inform'd of it in due time. It's but a few Weeks that I have been Master of the Tincture, but I already see that great things may be expected from it.
What I have observ'd, as to the Quantities the Gentleman beforemention'd took every Night, brings to my Mind what I often thought of; which is, that I believe many noble Medicines are laid aside as useless, for want of having been given in due Quantities.
In recent Epilepsies, and ordinary Convulsions, which are Diseases that were formerly wont to give me great Uneasiness, especially the Epileptical ones; being conscious to myself, from the most careful Observation, that there was little Prospect of getting the Mastery of them: I now look upon them as little more formidable than a Quartan Ague; tho' in their outward Appearance and real Nature much more terrible.
The Cases just now recited are sufficient to demonstrate to the World, that common Misletoe is a great Medicine, and highly to be esteem'd. As for Misletoe of the Oak, I have never yet seen any.
Those of the Antients, that were Men of Virtue and Compassion, whenever they had any thing to communicate to the World that might be of publick Advantage, always did it in the known and common Language: And as I design this for the common Good, were I able to write
Latin
in as elegant a Stile as
Cicero
did, that should not induce me to send it abroad in any other way, than in the homely manner in which it is done.
I have turned over many Books, since I published the first Part of this
Dissertation
, to see whether I could procure any farther light into the natural History of this wonderful Plant, but at present see no cause to retract what I have there advanced, nor indeed to add any thing, or very little.
Johannes Bauhinus
has treated more copiously of it, than any of the Moderns I have read.
Scaliger
, in his way, has treated it very subtlely, but I think advances nothing but Paradoxes. To be short, there is no one that takes notice of it, except
Cardan
, but thinks there is something very extraordinary in it; yet the
Druids
alone, tho' they did not explain themselves, seem to be the only Persons who understood its real Worth.
In other Trees that are propagated, either by Grafting or Inoculating, the Grafts or Buds seem to become of the very same Substance with the Stock into which they are inserted. But with Misletoe it's quite otherwise, as appears plainly to the naked Eye; which I can shew to any one.
I have it from Dr.
Willis
, that it was the earnest Wish of the great
Crato
, That a Specifick for the Cure of the Epilepsy might be discover'd before he died.
I do verily and indeed think, from the Tryals I have made in a Multitude of Cases, besides those publish'd, that Misletoe is in reality a Specifick for the Cure of Epilepsies and convulsive Diseases.
Why it should be so, I can as easily account for, from the Hypothesis of Dr.
Willis
, as from that of
Marcus Marci
.
Whilst I was writing this, I was called to a Gentleman in a Fever, that they said was dying, and indeed he appear'd so to be; he had a trembling Pulse, clammy cold Sweats, with a Convulsion of the Tendons, and a Faultring in his Speech, that he was scarce able to express himself so as to be understood. I gave him the Misletoe in Powder, mix'd with Cochineal and the Tincture in a Julep, both in large quantities. This was late at Night, and next Morning he was recover'd to my Amazement. I verily believe the Patient would have died that Night, had it not been for the Misletoe; not to disparage Cochineal, which is a Medicine highly to be valued, and beyond all others that I ever saw, in Fevers of all sorts. But of this perhaps another time.
I desire, for the future, that the Bark of the large Stalks may be dry'd and powder'd with the Leaves, Berries, and small Twigs, as being equal to, if not superior in Virtue to either of them; but all together are best.
What there is particular in the Woody Part, I cannot at present tell; but have hitherto order'd it to be bruised promiscuously with the rest for Infusions.
I have not yet dared to rob the Misletoe of but few of its Berries; but from some Observations I have made of them, I am inclin'd to think, that they are the greatest Restorers of decay'd Nature, swallow'd whole as they are, either green or dry, and a Draught of generous Wine to be drank after them; ten or a dozen every Night at going to Bed.
The greatest Article of Convulsions in the Bills of Mortality, I take to be of Infant Children: The way of giving them the Misletoe, is as follows; and most prodigious things I have seen done by it.
"Take of the Powder of Misletoe, as before directed, two Drams; Rue and Penny-royal Water, of each, two Ounces; Syrup of Pioneys, half an Ounce: Mix them together, and give half a Spoonful, as oft as you can get them to take it."
If they cannot be got to take it that way, mix a little of the Powder with some Panada.
If they are exceedingly griped and loose, apply also the following Plaister to their Bellies:
"Venice-Treacle, and Oil of Nutmegs by Expression, of each two Drams: mix them together, and spread upon soft Leather."
If the Looseness continues, give the following Glister:
"
Diascordium
made with
Diacodium
instead of Honey, a Dram; Powder of Misletoe, half a Dram; Penny-royal Water, three or four Ounces; mix, and make a Glister, which give warm.
"
If they are bound, which they rarely are when they are convuls'd, give them a little Manna in some of the Misletoe Julep, and if that don't open them, the following Glister:
"Manna, two Drams; MisletoePowder, half a Dram; Penny-royal Water, three Ounces; Oil of Camomile, two Drams: mix and make a Glister."
To Children of about ten Years of Age may be given half a Dram of the Powder, with three Grains of
AssaFœtida
, three times a Day, and a Draught of the Infusion afterwards.
Men and Women may take a Dram of the Powder, with five or six Grains of
Assa-Fœtida
, three or four times a day, according to the Urgency of the Case; drinking a large Draught of Infusion afterwards, and may drink a Draught of the Infusion betwixt whiles: Now the stronger the Infusion is made, the better; so that it be not made so strong as to nauseate the Stomach.
Having for a great many Years seen the most convincing Proofs of the wonderful Effects of the Misletoe it self, being only gather'd in a proper time, and carefully dry'd and powder'd; it never enter'd into my Head to make any Tryals about extracting a Tincture from it, tho' I had long ago been convinced that its chief Excellence consisted in its Birdlime, which is a most wonderful, tractable, soft Resin, and I knew dissolvable in Spirit of Wine: nay, I have given the Birdlime alone, join'd with some proper Powder to make it into Pills, in a deplorable Case, with Success.
But since the Tincture has been prepar'd, which is but a few Weeks since, I have reason to believe, from some Observations that I have already made, that in particular extraordinary Cases, join'd with a small Proportion of Tincture of
Assa-Fœtida
, that it will take place in a shorter time than the Powder will do; but I shall not give an Account of the Method how to extract the Tincture, till I have had a larger Experience of it.
However, both it, and the Misletoe gather'd in due time, and carefully dry'd and powder'd, may be had at Mr.
Shorthose's
, an Apothecary, over against the
Hungerford-Market
, in the
Strand
, and at Mr.
Riddle's
, an Apothecary in
Villars-street, York-Buildings
.
About the beginning of the last
October
I was sent for to a Child of about eight Years of Age, who had the St.
Vitis's
Dance.
She neither could stand nor sit; her Hands were in continual Motion, that she could not feed herself, nor hold any thing in them; her Head was continually thrown from side to side, or backwards or forwards; and her Speech entirely lost.
This was a recent Case, of not above a Month's standing, and by the beginning of this present
November
she was made perfectly well.
To prevent Mistakes, I shall here again give an Account how People may furnish themselves with Powder of Misletoe for the whole Year in Perfection.
Take of the Leaves, Berries, tender Twigs, and the Bark of the large Branches, gather'd at the latter end of
December
. Let them be dried over a Baker's Oven, which is a mild, constant and gentle Heat. When it is perfectly dried, let it be put into a Glass Jar, which must be cover'd with Leather, or stopt with a Cork, and kept in a warm and dry Place, that it may not grow mouldy.
Observe, that its being scorch'd in drying, or growing mouldy after it has been carefully dried, renders it of no value.
The Stalks that are preserv'd for Infusion, must, after they are dried, be carefully kept in a warm and dry Place.
Since this is come out in due time, I hope, for the future, that I shall find every Apothecary's Shop furnish'd with Misletoe, gather'd at the proper Sea son, and dry'd and powder'd according to Direction.
However, if what I have said be disregarded, and it prove otherwise, I have before given an account where People may furnish themselves with it.
I had it in my thoughts to have publish'd at this time, my Observations upon the noble Qualities of some other simple Remedies,
viz.
Cochineal,
Virginian
Snake-Root, and the very common Herb Prunella; but want of Leisure has prevented it.
POSTSCRIPT.
SINCE the first Publication of the foregoing Dissertation, I have had Presents from two Persons of a small Quantity of true Misletoe of the Oak. By the best Observation I can make, I don't apprehend that it deserves in any Respect to be preferr'd before the Misletoe that grows upon other Trees.
I could have greatly swell'd the Number of Observations, but thought it altogether needless.
FINIS.
THE DESCRIPTION AND USE OF THE Terrestrial Globe.
By
John Gregorie
, Master of Arts of
Christ-Church
in
Oxon.
LONDON, Printed by
William Du-gard
, for
Laurence Sadler
, and are to bee sold at the
Golden-Lion
, in Little-
Britain
. 1649.
The Description and Use of the
Terrestrial Globe.
THe
Terrestrial
or
Earthlie Globe
is an artificial Respresentation of the Earth and Water under that form and figure of Roundness which they are supposed to have, describing the
Situation
, and measuring the Compass of the
Whole Frame
, and describing the Situation and measuring the Distances of all the Parts.
This Description is either of the
Earth
and
Water
both together, and it is don by
Circles
; or of the Water considered by it self; and is not so much a Description of that, as of the Mariner's cours upon it, or to shew
The Waie of a Ship upon the Sea
. And this is don by lines called
Rumbes
, which are not all Circles, but otherwise drawn according to the Point of the
Compass
, at which the Mariner set's forth. But of the
Compass
and these lines in the second Place; and first of the Description of the Whole Frame by Circles. Now look what
Circles
were imagined upon the Earth, the same are expressed upon, or framed without the
Globe
; and they are the
Greater
, or the
Less
. The
Great Circles
without the
Globe
are two; the
Meridian
and the
Horizon
: the one of Brass, the other of Wood. Circles indeed they are not so properly called; for, in the rigorous sens, no Line is supposed to have anie breadth, as both these have: But that was for the more convenience; for somthing more then ordinarie was to bee written upon them. And moreover they could not have been so disposed of, as they are, without the
Globe
, if they had not been exact Lines. But Use will have it so, and wee must call them the
Meridian
and
Horizontal Circles
.
Of the Meridian without the Globe
.
THe Brass Meridian is divided into 4 equal Parts or Quadrants, and each of them subdivided into 90 Degrees, that is 360 for the whole Circle. The reason why this Circle is not divided into 360 Degrees throughout, but still stopping at the 90th, and then again begining 10, 20, 30, &c. is, becaus the Uses of this
Meridian
, so far as in Degrees they are concern'd, require not above that Number. As for an Example: One use of the
Meridian
is to shew the
Elevation
of the
Pole
, but the
Pole
cannot bee elevated above 90 Degrees. Another is to shew the
Latitude
or Distance of a Place from the
Equator
, which also can never exceed the 4th part of the Circle; for no Place can bee further distant from the
Equator
then the
Pole
, which is just that Number of 90 Degrees.
Upon one of the North Quadrants of this
Meridian
, of som
Great Globes
, the
Climes
are set to the several Degrees of
Latitude
; and the Length of the longest Daie under the several
Climes
: which (if the Geographers would think so) might very fitly bee placed on the
Lesser Globe's
: for it were but dividing a Quadrant of the wrong side of the
Meridian
into 90 Degrees, and there would be room enough. In som other
Globes
the Climes are cast into a Table, and pictured upon som void space of the
Globe
. But the Division upon a Quadrant of the
Meridian
, is much more artificial, as hereafter shall bee understood. And the reason why a North Quadrant onely need to bee divided, is, becaus for the
Climes
of the Southern
Latitude
the season is the same. And the reason why the Division is made upon a North Quadrant rather then the South, is, becaus our
Globes
are fitted for our Selvs, and all our share of the Earth lieth in the North
Latitude
.
Of the Axel and Poles of the Globe and of the Hour Circle
.
FRom the
North
and
South
Ends of this
Meridian
a strong
Wyer
of Brass or Iron is drawn, or supposed to bee drawn (for the Artificers do not alwaies draw it quite through) by the Center of the
Globe
representing the
Axel
of the Earth. The North End whereof standeth for the
North
, the South End for the
South Pole
of the Earth. Upon the North End, a small Circle of Brass is set, and divided into two equal parts, and each of them into twelv, that is, twentie four in all. This Circle is the onelie one above the
Globe
, which is not imagined upon the Earth, but is there placed to shew the hour of the daie and night, in anie place where the Daie and night exceed not 24 hours: therefore it is called
Cyclus Horarius
. The
Hour Circle
, for which purpose it hath a little Brass pin turning about upon the
Pole
, and pointing to the several hours, which therefore is called the
Index Horarius
.
The small Circle is framed upon this ground, that in the
Diurnal Motion
of the Heaven 15 Degrees of the
Equinoctial
rise up in the space of everie one hour, that is 360 Degrees, or the whole
Circle
in the space of 24. So that the
Cyclus Horarius
is to bee framed to that
Compass
, as that everie 24th part of it, or one hour is to bear proportion to 15 Degrees of the
Equator
below it. And so in turning the
Globe
about, one may perceiv, that while the Pin is moved from anie one hour to another, just 15 Degrees of the
Equinoctial
will rise up above the Horizon upon one side, and as manie more go down below it on the other side. But this
Circle
is not much for the
Geographer's
use.
Of the Horizon
.
THe other
Great Circle
without the
Globe
is the
Horizon
; upon which (yet not as due to this Circle more then anie other, but becaus there is more room) the
Geographers
set down the 12. Signs with their Names and Characters.
And becaus everie Sign of the
Zodiack
containeth 30 Degrees, which is 360 for the whole Circle, the
Horizon
is divided into 360 Degrees indeed as it ought, but not from 10, 20, 30, 40, so throughout, but by Thirties, that is, 10, 20, 30. and 10, 20, 30, and so along to make the division conform to the 12 Signs, to each of which, as I said, is allotted the Number of 30 Degrees. And the reason of that is in reference to the Suns Annual Motion, in the Cours whereof hee dispatcheth everie daie one degree under or over. So that hee passeth through each of the
Signs
in, or in much about the space of 30 Daies. So that, though som of the 12 Moneths, answering to the 12
Signs
, consist of one Daie more then thirtie, and one of 2 Daies less, yet take them one with another, and the Daies of everie Moneth correspond to the several Degrees of everie
Sign
, or without anie considerable difference. And after that rate, or much about it, they are placed upon the
Horizon
, to shew in what Degree, of what Sign the Sun is everie daie of the year. And to this purpose there is set down upon the same
Horizon
a
Calendar
, and that of three sorts in som Globes: Of two in the most, the one whereof is called the
Julian
, or
Old
, the other the
Gregorian
, or
New Accompt
, reckoning this latter 10 daies before the former, and the third sort, where it is found, thirteen. Now though it bee true that the greatest part of that which is written upon the
Horizon
, more nearly concerneth the
Celestial
then the
Terrestrial Globe
; yet it is not altogether unuseful here: and especially it will bee nothing out of the
Geographer's
way to take along with him the ground of Difference in the 3, principally in the 2 sorts of
Calendars
.
The Reason of the Difference in Computation betwixt the
Old
and
New Accompts.
A Year is that space of time in which the
Sun
goeth through the whole Circle of the
Zodiack
, as from the
Tropick
of
Cancer
, to the
Tropick
of
Capricorn
, and so to the
Tropick
of
Cancer
again, or from the
Equinoctial
to the
Equinoctial
, or from anie other Point of the
Zodiack
to the same again. Now, becaus of the unequal Motion of the Sun (depending upon reasons deeply engaged in the
Theorical
Part of the
Spheer
, and therefore here to bee taken upon trust) it ever was, and yet is, a very hard matter to determine exactly in what space of time this
Revolution
of the
Sun
in the
Zodiack
is made; insomuch that one said, that the Year consisted of so manie daies, and how much more or less no bodie knoweth.
Censorinus
de Die Natali
.
This uncertaintie brought so much confusion upon the Old
Romane Calendars
, that
Time
with them was grown a Commoditie, and bought and sold at a price. Their Priests, who had to do with this Affair, having in their power to make anie year longer or shorter at their pleasure; which the Emperor
Julius Cæsar
looking upon as a matter no waie below his greatest consideration, advised with som Egyptian Mathematicians about it, by whose Instructions hee found that the Sun's yearlie Motion in the
Zodiack
, was performed in the space of 365 daies, and one 4th part of a daie, or 6 hours.
The 6 odd hours hee caussed to bee reserved in store till everie fourth year, that is, till they made 24 hours, or one whole daie; so accounting, that the 3 first years should consist of 365 daies, and the fourth of 366, one daie more; and everie fourth year was therefore (as still it is) called the
Leap Year
, and the thing it self
Intercalation
, or putting in betwixt the
Calendar
.
'Twas verie much that the Emperor did, and hee left as much to do; for though it cannot yet bee found out ex actly in what space of time the
Sun
goeth his yearlie cours, yet thus much is made good by infallible experience that the Emperor's
Mathematicians
allotted too much for the Number of daies: they were in the right, for
it
is certain no year can consist of more then 365, but for the odd hours it is as certain that they cannot bee fewer then five, nor so manie as 6; so that the doubt is upon the
Minutes
, 60 whereof go to the making up of an Hour; a small matter one would think, and yet how great in the recess and consequence wee shall see.
Julius Cæsar
allotted 365 daies and 6 hours to this Revolution, but the
Sun
goeth about in less time, that is, (according to the most exact Accompt) in 365 daies, 5 hours, 49 Minutes, and a little more; so that the Emperor's year is much about 10 Minutes greater then the
Sun's
, which must of necessitie breed a difference of so manie Minutes everie year, betwixt the
Year
, which the
Sun
it self describe's in the
Zodiack
; and
That
, which is reckoned upon in the
Calendar
, which though for a year or two may pass insensibly, yet in the space of 134 years it will rise to an whole daie, that is the Begining of the year in the
Calendar
must bee set one daie back. As for Example: Let the year begin at the
Vernal Equinox
or Spring: In the Emperor's time that fell out to bee at the 24th of
March
, but now this year it fell out upon the 10th of
March
, 13 daies backwards, and somwhat more, and so if it bee let alone will go back to the 1 of
March
, and 1 of
Februarie
, till
Easter
com to bee on
Christmas Daie
, and so infinitely.
To reform this difference in the Accompt, som of the later
Romane Bishops
earnestly endeavoured. And the thing was brought to that perfection it now standeth in (so much as it is) by
Gregorie
the 13th, in the Year 1582. His
Mathematicians
(whereof
Lilius
was the chief) advised him thus: That considering there had been an Agitation in the
Councel
of
Nice
somwhat concerned in this matter upon the motion of that Question about the
Celebration
of
Easter
: And that the Fathers of that Assemblie after due deliberation with the Astronomers of that time, had fixed the
Ver nal Equinox
at the 21 of
March
, and considering also that since that time a difference of 10 whole daies had been past over in the
Calendar
, that is, that the
Vernal Equinox
or Spring; which began upon the 21 of
March
, had prevented so much as to begin in
Gregorie's
daies at the 10th of the same, 10 daies difference or thereabouts; they advised that 10 daies should bee cut off from the
Calendar
, which was don, and the 10 daies taken out of
October
of that Year 1582, as being the Moneth of that Year in which that
Pope
was born; so that when they came to the 5 of the Moneth, they reckoned the 15, and so the
Equinox
was com up to it's place again, and hapned upon the 21 of
March
, as at the
Councel
of
Nice
. But that
Lilius
should bring back the
Begining
of the Year to the Times of the
Nicen Councel
, and no further, is to be marvelled at. Hee should have brought it back to the Emperor's own time, where the mistake was first entered, and, instead of 10, cut of 13 daies; however this is the Reason why these 2
Calendars
, written upon the
Horizon
, differ the space of 10 daies one from the other. And as the
Old Accompt
was called the
Julian
, from the Emperor; so the
New
is called from
Gregorie
the
Pope
and
Lilius
the chief Agent, the
Gregorian
or
Lilian Accompt
: and the
Julian
is termed the
Old Style
, the
Gregorian
the
New
, as in the conversation of Letters betwixt Us and Those on the other side of the Seas wee may perceiv; Theirs to Us bare date (for the most part) such a daie of such a Moneth;
Stylo Novo
; Ours to them such a daie;
Stylo Veteri
: And Theirs may bee dated There, by their Accompt, and received here, before they were written by Ours.
For the third
Calendar
there need not much bee said, though it bee more absolute then the second; for it reduceth the Beginings of the Year to the Emperor's own Time, and so leaveth the
Old Style
13 daies behinde as it ought to do. But it is very rarely found upon the
Horizons
of anie
Globes
, neither as yet translated to anie Common Use. In the outermost Limb of the
Horizon
are set down the Names of the 32 Windes of the
Compass
; to what end will bee shewed hereafter.
Why the
Meridians
and
Horizons
which are so several upon the
Earth,
are but single without the
Globe.
THe Reason of this will bee plain, if it bee considered that the
Horizons
and
Meridians
, in the use of the
Globe
, are to bee fitted to anie particular place at pleasure; as
Oxford, Woodstock, Abingdon
, &c. this could never have been don upon the
Globe
it self; for there must a several
Horizon
and a several
Meridian
have passed through everie Citie, Town, or Castle upon the
Globe
, which if it had been don, besides the confusion, the Circles would have put out the
Places
; therefore it was ingenuously devised of those who first thought upon it, to set one
Meridian
and one
Horizon
without the
Globe
to serv for all: For in this case the
Globe
it self may bee turned and applied to the
Horizon
and
Meridian
with as much eas, as the
Horizon
and
Meridian
with impossibilitie could not bee applied to the
Globe
, as it will hereafter more plainly appear, then it can do yet.
Of the Quadrant of Altitude, and the Compass
.
MOreover then the Circles framed without the
Globe
, two other
Appendents
are to bee noted upon; the one relating to the
Meridian
, the other to the
Horizon
: the first is the
Quadrant
of
Altitude
, and is a thin brass
Plate
representing the fourth part of a
Great Circle
, and so divided into 90 Degrees, called therefore the
Quadrant
; and the
Quadrant
of
Altitude
, becaus it measureth the height of the Stars upon the
Celestial Globe
, to which it most proper ly belongeth. The business it hath to do in
Geographie
, is to set out the
Zenith
of anie Place, and consequently to shew the
Angle
of
Position
, or
Bearing
of one Place to another, as hereafter shall bee taught. It is therefore affixed to the
Meridian
with a little
Screw-pin
, to bee removed at pleasure from anie
Vertical Point
of anie
Place
, to the
Vertical Point
of anie other. The second is the
Compass
, which is a
Needle
touched with a
Loadstone
, and set in a Box upon the Foot of the
Horizon
, upon the South side, such another as wee see in ordinarie
Pocket-Dyals
for the
Sun
. The Use of it here (as in
those
) is to point out the
North
and
South
for the
Rectification
of the
Globe
, as shall bee more plainly said hereafter.
Of the
Great Circles
upon the Globe, and first of the
Meridians.
THe
Great Circles
painted upon the
Globe
are the
Meridians
, the
Equator
, and the
Zodiack
; where wee must not think much to hear of the
Meridians
again. That of Brass without the
Globe
is to serv all turns, and the
Globe
is framed to applie it self thereto. The
Meridians
upon the
Globe
will easily bee perceived to bee of a new and another Use. They are either the
Great
, or the
Less
; not that the
Greater
are greater then the
Less
, for they have all one and the same
Center
, and equally pass through the
Poles
of the Earth: but those wich are called
Less
, are of less use then
that
, which is called the
Great
, though it bee no greater then the rest. The
Great
is otherwise called the
Fixt
and
First Meridian
, to which the
Less
are second, and respectively moveable. The
Great Meridian
is as it were the
Landmark
of the whole
Sphere
, from whence the
Longitude
of the Earth, or anie part thereof is accounted. And it is the onelie
Circle
, which passing through the
Poles
, is graduated or divided into Degrees; not the whole Circle, but the one half, becaus the
Longitude
is to bee reckoned round about the Earth. This
Great Meridian
might have been planted in anie place, as at
York
, or at
Richmond
, but must of necessitie bee set in one certain place of the
Globe
or other, as it is in everie several Globe, though not in the same place in all.
Concerning the Difference of Geographers in the placing of their
Great Meridian,
and the Causses pretending thereto
.
IN assigning the place of this
First
or
Great Meridian
, I observ that the
Geographers
, whatsoever, still fix it in the
Western Parts
: And the Reasons are, not onely becaus
those
were more discovered then the
Eastern
, to those who had first to do in this matter; but more especially for that the
Proper Motion
of the Sun and Moon is from the
West
to the
East
, contrarie to their diurnal or dailie Motion; and therefore the
Eclipses
of the Moon are to bee observed from
that Part
, which is the most learned and certain Rule for the finding out of the
Longitudes of Places
, by observing how much sooner the
Ecclips
begineth in a Place more or less West then another. And moreover, wheresoever they place their
Great Meridian
, they still reckon the
Longitude
from West to East, that is, till they com up to 180 Degrees, or the
Semicircle
; where som of them staie and begin the
Longitude
again towards the East, calling the first
Half, Eastern
, the other,
Western Longitude
. But this Cours, howsoever Artificial enough, yet is not used by the later
Geographers
, for they account the
Longitudes
in the whole Circle throughout from West, by the East to West again, som few
Spanish Geographers
excepted, who, in the Descriptions of their
New Indies
, reckon the
Longitudes
quite contrarie, from
East
to
West
, but which was thwartly in it self, and, in the proof, inconsiderably don. But as the
Geographers
well enough agreed in the placing of this
Great Meridian
in the
Western Parts
; so they have differed much more then it becomed them in assigning out the
Particular Place
.
The Greek Meridian.
The Author of the Greek
Geographie
intituled to
Ptolomie
fixeth the
Great Meridian
(as
Marinus
the
Tyrian
(cited by Him) and the Antients before them) in
Hera
, or
Junonia
one of the
Fortunate Islands
, as they were termed of old, from an opinion of som singular Blessings imagined by the Antients upon the
Genius
of those Parts. They are now called by the Spaniard,
Islas de Canaria
: The
Canarie-Isles
, better known to us by the Wines of that Name, for the most part falsly so called.
Ptolomie
, as
Plinie
also, out of
Juba
the
Affrican
King findeth out but Six of these: but the late Discoverers meet with Seven: that is,
Lançerotta, Forteventura, Teneriffa, Gomera, Fierro, Patma
, and the
Gran Canarie
, which giveth Name to the rest. For the Situation of these Islands they lie not as
Ptolomie
placed them, within one Degree of
Longitude
, or little less, but more scattering, and lifted up a little above the
Tropick
of
Cancer
about the 30th Degree of the
Northern Latitude
, in that Part of the
Western
(otherwise called the
Atlantick) Oceän
which trendeth upon the Coast of
Affrick
, and are therefore reckoned by
Geographers
to the
Affrican Isles
. This was the furthest part of the Earth discovered towards the
West
to those of about
Ptolomie's
time: therefore the Great
Meridian
was fixed there, in the Isle
Hera
, or
Junonia
, as then it was called, now
Tenariff
: And from this
Meridian
all the
Longitudes
in the
Greek-Geographie
are taken.
The Arabick Meridian.
This the
Arabian-Geographers
knew well enough; but holding themselvs not to bee inferior (as indeed they were not) either to the
Indefatigation
or
Skill
of the
GreekGeographers
, they hoped to have the begining of
Longitude
taken from them, which therefore they appointed to bee drawn up on the uttermost Shoar of the
Western-Oceän
10 Degrees more
East
then that of
Ptolomie
: but they deceived themselvs doubly; for first, Their
Meridian
would not bee brought into Example by others: and again, It was not so improvidently intended, as not to serv themselvs.
Alphraganus
chap.10.
For according to the loss, or gains of the Sea upon that Shore, their
Longitudes
have proved to bee importantly different, rightly enough assign'd, but falsifying with the Place, as they are justly served. There is not, for the present, anie verie great Use to the
Geographer
of the
Arabick-Meridian
more then to know it; for the
Turkish Histories
are not so completely derived down to us as to Describe the Territories by
Longitude
, or
Latitude
. And for the
Arabick-Nubian-Geographie
Translated into Latine by the
Maronites
, though otherwise of a rare, and pretious esteem, yet is not commended for this, That the Distances of Places are there set down by a gross Mensuration of Miles: and
John Leos Affrica
is not so well. But when the Learned, and long promised
Geographie
of
Abulfedea
the Prince shall com to light, there can bee nothing don there, without this
Meridian
. The Prince setteth down the
Longitude
of
Mecca
67 Degrees. The
Greek Geographie
77: and they are both right, and yet they differ 10 Degrees: for so much were their
Meridian
set
East
, or
West
one then the other. Yet neither is this
Meridian
presently altogether unuseful, for besides the
Longitudes
of som places noted by
Saracenus, Albategni
and others, there is a
Catalogue
of Cities annexed to the
Astronomical Tables
of the King
Alphonsus
accounted all from this Great
Meridian
, but with this difference, That whereas
Abulfedea
the Prince setteth down but 10 Degrees distance betwixt the
Fortunate Isles
, and the
Western Shore
, the
Catalogue
reckoneth upon 17, and 30 Minutes: a Difference too great to bee given over to the
Recesses
of the
Ocean
from that Shore, and therefore I know not as yet what can bee said thereto.
The Magnetical Meridian.
Our own
Geographers
, the later especially, have affected to transplant this great
Meridian
out of the
Canarie Isles
into the
Açores
, or
Azores
, for so the
çerilla
will endure to bee pronounced. They were so called from
Açor
, which in the
Spanish
Tongue signifie's a
Goss-Hawk
, from the great number of that Kinde, there found at the first Discoverie, though now utterly disappearing. And it is no stranger a thing, then that
December
should bee called by our
Saxon
Fore-fathers ƿolfe Monat, that is,
Wolf-Moneth
; for that in those Daies this
Isle
was mischievously pestered with such Wilde-Beasts, and in that Moneth more ragingly, though now such a sight is grown so forreign to these parts, that they are looked upon with the Strangeness of a Camel, or an Elephant. The
Azores
are otherwise termed
Insulæ Flandricæ
, or the
Flemish Isles
, becaus som of them have been famously possessed, and first Discovered by them. They are now in number Nine:
Tercere, St Michaël, S. Marie, S. George, Gratiosa, Pico, Fayall, Corvo, Flores
; they are situate in the same
Atlantick Ocean
, but North-West of the
Canaries
, and trending more upon the
Spanish
Coast, under the 39 Degree of
Latitude
, or therebouts. Through these
Isles
the Late
Geographers
will have the Great
Meridian
to pass, upon this conceit of reconciling the
Magnetical Pole
to That of the World. Their meaning is, That the
Needle
of the
Mariner's Compass
, which touched with the
Magnet
, or
Loadstone
, in dutie ought to point out true
North
, and
South Poles
of the World in all other Places, performeth it onely in these
Isles
, whereas for the most part elswhere it swerveth, or maketh a Variation from the true
Meridian
towards the
East
, or
West
, according to
the
unequal temper of the Great
Magnet
of the Earth: therefore notwithstanding that the
Greek Meridian
was placed well enough in the
Canaries
, (as indeed it was, and best of all, becaus once fixed there) yet it pleased them to think that it would bee more Artificial, and Gallant to remove it into the
Azores
, where (as they would bear us in hand) the
Magnetical Needle
precisely directeth it self towards the
North
, and
South
of the Whole Frame without the least Variation, which might seem to bee a
Natural Meridian
, and therefore to bee yielded unto by that of
Art
, wheresoever placed before.
This
Coincidencie
of the
Magnetical Meridian
with that of the
World
, Som of them will have to bee in the Isles
Corvo
, and
Flores
, the most Western: Others in S.
Michaël
, and S.
Marie
, the more Eastern of the
Azores
.
Ridly's
Treatise of Magnetical Motions,
Chap.
36.
Norman's
New Attrative,
Chap.
9.
'Tis true indeed that the Variation is less in these Isles, then in som other Places, yet it is by experience found, that the
Needle
in
Corvo
North-Westeth 4 Degrees: in S.
Michaël
it NorthEasteth 6 Degrees: And therefore the Great
Meridian
should rather have been drawn through
Fayal
, where the Variation is but 3 Degrees to the East; Or especially through the
Cape of good hope
, where the
Needle
precisely pointeth to the True North without any Variation at all by a River side there, which therefore the Portugals have called
Rio de las Agulias
, The River of the
Needles
.
But which is more, the
Magnetical Needle
hath no certain
Pole
in the Earth at all, and under the verie same
Meridian
is found to varie in som places but 3, or 4 Degrees; in other 17, and more; and which is wors (if it bee true) the Variation it self hath been lately charged upon with a verie strange and secret inconstancie by the Professor in
Astronomie
of
Gresham
-College. Hee saith that the Variation of the
Needle
at
Limehous
near
London
, which Mr
Burrows
found to bee 11 Degrees, 15 Minutes, in the year 1580: M
Gunter
in the year 1622 found it to bee but 6 Degrees 13 Minutes. But Hee himself in the year 1634 found it to bee but 4 Degrees, or verie little more; which in the space of 54 years is a difference of 7 Degrees to the Less. So little reason is there why the
Greek Meridian
should give place to the
Magnetical
, besides the great confusion which must needs follow, as it hath.
The
Toletan
Meridian.
But yet more impertinently, the
Spanish Describers
remembred before, not onely account their
Longitude
from East to West, utterly against all other
Geographie
, but not contented with the
Greek, Arabian
, or any
Magnetical Meridian
, must needs reckon their
Indies
from that of
Toledo
. But they are verie few that take this cours, and this Pragmatical
Meridian
is onely found upon a Map, or two, but hath not as yet gotten (nor is it like to do) any relation to the
Globe
.
The Greek Meridian again.
As the case standeth with the Great
Meridian
, the advice and counsel of
Stevinus
a Dutch
Geographer
is very much to the purpose: That the Great
Meridian
should bee brought back to the
Fortunate Isles
again, that one certain Isle of the seven should bee chosen; and in That, one certain place;
Exiguus quidem, sed notabilis & perpetuus
, As
smal
, but as
notable
and
perpetual
as 'tis possible. The Island hee assigned was
Teneriff
, thought to bee the same with
Ptolomie's Hera
, or
Junonia
. The place
Pico de Teide
, or
el pico, The Peak
, a Mountain so called from the sharpness of the top, and therefore the place is
Locus exiguus
, as Smal as could bee, and 'tis Perpetual, for Hils are everlasting; and as notable, for by the reports of som in
Julius Scaliger
it riseth above threescore Miles in height, which though it bee more then is generally believed, yet thus much is, That it is the highest Mountain in the World.
This
Johnson
a great Master of this Art considering with himself, though in his lesser
Globe
of the year 1602 hee had made the Great
Meridian
to pass through the Isles
Corvo
and
Flores
; yet since that, in his Greater of the year 1616 hee hath it drawn upon the
Peak
in
Tenariffe
, as hee expresseth himself in a void place of the
Globe
. Onely, whereas hee addeth that by this means the
Arabick Meridian
, and That of
Ptolomie
will bee all one upon the matter (which hee saith was fit to bee admonished) it must needs bee mistaken. 'Tis true, that the
Canaries
lie near upon the Coast of
: But the
Arabians
mean not this so much by the uttermost Shore, as the uttermost Points of the Western Land running along by the Streights of
Gebal Taric
, or
Taric's
Hill, as they rightly (wee
Gibralter
) call it, where the Pillars of
Hercules
were set of old, as our Stories deliver, but of
Alexander
they saie, to whom, and not to
Hercules
the
Arabick Nubian Geographer
asscribeth this Labor, naming there the verie Artificers which that great King provided himself of to force out the Streight; which may possibly bee the reason, why the
Arabians
(over and above their ambition of Change) draw their Great
Meridian
by this Part, in honor to
Alexander
, whom therefore they call not so, but
Dhilcarnain
, that is,
The man of the two Horns
, for that hee joined the Ends of the Known World together by those Pillars in the East upon one side, and these in the West on the other. Which seeing it is so, the Reduceing of the Great
Meridian
to
Tenariff
again will bee so far from closing with that of the Uttermost Western Shore, that according to the Account of som they will stand at 15 Degrees distance one from the other, which also maketh show of som reason of the Disagreement betwixt
Abulfeda
the Prince, and the King
Alphonsus
in assigning the difference of the
Arabick Meridian
from the
Greek
, the Prince allowing but 10, The
Catalogue
17 Degrees, which was noted before.
For any concurrence therefore of the
Greek
, and
Arabick Meridians
by this means, wee are not to take the
Geographer's
word; but nevertheless to embrace this Alteration of his Cours in bringing the
Greek Meridan
to his
place
again.
The same advice of
Stevinus
is commended and taken by
Wil. Bleau
(a man very like to, if not the very same with
Johnson
himself)
Cap.
4 of his first Part, which
teacheth
the Use of the
Globes
according to the Improper
Hypothesis
of
Ptolomie
(as the Title termeth it)
per terram quiescentem
. For the second Part maketh good the same Use of the
Celestial
and
Terrestrial Spheres
by the Supposition of
Copernicus
per terram mobilem
. His words are
Longitudo alicujus loci, &c.
The Longitude of anie place is an Arch of the
Equator
comprehended
between two half
Meridians
, the one passing through the Place it self, the other through the High Mountain called
Pico de Teide
in
Tenariffe,
Qui tam in maximo nostro Globo Terrestri
(saith hee)
quam in variis Tabulis Geographicis à nobis editis pro Initio Longitudinis terræ assumptus est, 6 pro eo in hac descriptione semper assumatur
, &c.
And 'twill never bee well with
Geographie
till this bee believed in, and made the common and unchangeable Practice.
What Cours is to bee taken with this Varietie of
Meridians,
and how followed, or neglected by the
Geographers.
ANd now if one may make so bold as to give Law to the
Geographers
, it cannot bee denied but that the readiest and least entangling waie of reckoning the
Longitudes
is to meet again upon the first
Meridian
in
Tenariffe
, but for want of this, and til it can bee rellish't universally, the likest waie to the Best is for the Describers either of the Whole, or any Part of the Earth not to fail of setting down the several
Meridians
obteining as then. Also the Difference of
Longitude
betwixt these
Meridians
, and lastly which of those they mean to go by. If I were to draw up (If I could) a New
Geographie
of the Whole Earth, This, or the like to this ought to prepare to the Description.
That the Great
Meridian
by the most Antient
Greek Geographers
was made to pass through the
Fortunate Islands
, now called The
Canaries
. That from thence it was translated by the
Arabians
to the uttermost Point of the Western-Shore. That our own
Geographers
removed it into the
Azores
placing it som of them in S.
Michaël
, others in
Corvo
. That the Best of them brought it back to the
Canaries
again, and drew it upon the
Pico
in
Tenariffe
; The same, or thought to bee the same with
Ptolomie's Junonia
. That the Difference of
Longitude
from
El Pico
to the
Arabick Meridian
is 10 Degrees more East according to
Abulfeda
the Prince. From
Pico
to the Isle of S.
Michaël
9 Degrees. From
Pico
to
Corvo
15, and both so much more West. And such, or such a
Meridian
I mean to follow.
To this very purpose the same
Abulfeda
in the Introduction to his
Geographie
. It is received by Tradition (saith hee) that the Inhabited Earth begineth at the West in the
Fortunate Isles
, as they are called, and lying waste as now. From these Islands som take the Begining of
Longitude
. Others from the Western Shore. The Difference of
Longitude
is 10 Degrees accounted in the
Equator, &c.
As for the
Longitudes
reckoned in this Book, they are all taken from the Shores of the Western Oceän, and therefore they are 10 Degrees short of those which are taken from the
Fortunate Isles, &c.
If wee now exact (as I think wee may) to this Rule, which hath been lately don by our own Describers especially, wee may perhaps finde it otherwise then wee thought for.
Here it will not need to take much notice of those who have described the Situation of Countries by the
Climes
and
Paralells
. Thus much onely, That they had as good as said nothing. I confess I conclude under this Censure, the verie good Autor of the Estates
du Mond
, translated by
Grimstone
. But it was to bee noted. For what if I saie that Great
Britain
lieth under the 9th and 13
Climates
of the Northern Temperate
Zone
(as 'tis no otherwise Describ'd to the Site by a
Geographer
of our own) is this to tell where
England
is? No more then to tell where the Streights of
Anian
are much about the same
Clime
and
Paralel
, and yet 160 Degrees distant and more.
They are not much more accurate who Describe the Situation of Countries by their
Latitudes
onely as the Gentleman in his Description of
Huntingdon Shire
inserted into M.
Speed
. And the most learned Sir
Henrie Spelman
in his Description of
Northfolk
. It is no more to saie the Situation of this, or that place then of anie other in the Whole Sphere lying under the same
Parallel
. But to saie the truth, By reason of the Varietie of
Meridians
. The
Longitudes
were grown to such an uncertain and confused pass, that it was not everie man's work to set them down.
Mr
Carew
in his Survey of
Cornwall
setteth down that Shire in the
Longitude
of 6 Degrees (I believ hee mean't 16) as most men account. But what doe's hee mean by that; or what manner of account is it which most men use in this case?
Norden
in the Introduction to his
Speculum Britanniæ
saith, That the Center of this Land, which hee taketh to bee about
Titburie Castle
in
Stafford-Shire
is 21 Degrees and 28 Minutes of
Longitude
. But from what
Meridian
all this while? for the
Longitude
may bee manie Degrees more, or less, or just so much as hee saith, and yet all may bee true.
Mr
Speed
more particularly professeth to follow
Mercator
; as in assigning the
Longitude
of
Oxford
, hee saith, that it is distant from the West 19 Degrees 20 Minutes by
Mercator's
Measure. So M.
William Burton
in the Description of
Leicester-Shire
. But how are wee the wiser for this?
Mercator's
Measure was not the same, for in his
Globe
dedicated to the Lord
Granvella
the great
Meridian
passeth through the
Canaries
; but in his great
Map
through the
Azores
M.
Gabriel Richardson
in the State of Europe yet more distinctly telleth his Reader, That the
Longitudes
in his book shall bee taken from that
Meridian
, which passeth through the
Azores
. But whether from that in S.
Michaël
, or from the other in
Corvo
is not set down, and yet the Difference is 7 Degrees, and more: But hear lastly the Kingdom's
Geographer
in the Preface to his
Britannia
.
At insimulabunt jam Mathematici & in crimen vocabunt quasi in Geographicis Latitudinis & Longitudinis Dimensionibus toto Cœlo aberrârim. Audi quæso: Tabulas Astronomicas, novas, antiquas, manuscriptas,
Oxonienses, Cantabrigienses,
Regis
Henrici Quinti
diligenter contuli. In Latitudine à
Ptolemeo
plurimion discrepant inter se ferè conspirant: nec tamen Terram è suo Centro dimotam esse cum
Stadio
existimo. His igitur usus sum, In Longitudine autem nullus consensus, concentus nullus. Quid igitur facerem? Cum Recentiores perpendiculum navigatoria pyxide Magnete illitum inter Azores insulas rectà Polum Borealem respicere deprehenderim, indè Longitudinis Principium tanquam à Primo Meridiano cum illis dixi quam nec ubique
leptomerōs
permensus sum.
So the Learned
Cambden
. Where note by the waie, that if the Translator hath rendered the Book no better then hee hath this Claus of the Preface, the best cours will bee for those that can, to read it in the Latine. The Autor's meaning I think was this.
But now (saith hee) the Mathematicians will accuse and call mee in question, as if I were altogether out in my
Geographical Dimensions
of
Latitude
and
Longitude
. But praie heare mee: I diligently compared the Manuscript Astronomical Tables of
Henrie
the
Fifth
, as well the old, as the new, Calculated for the
Meridians
som of
Oxford
, others for that of
Cambridg
. In
Latitude
I found them to differ from
Ptolomie
very much, but well enough agreeing among themselvs: and yet I cannot think that the Earth is any whit startled aside from it's Center, as
Stadius
did. These Tables therefore I made use of. But in the
Longitude
I found no agreement at all. What should I do? Considering that the Modern
Geographers
had found that the
Needle
of the Mariner's
Compass
touched with the
Loadstone
directly pointeth to the
North-Pole
by the
Azorian
Isles, I did as they did, and took the begining of
Longitude
from thence, as from the First
Meridian
, but which I have not alwaies set down exactly, or to a Minute.
And now the least that can bee exspected is, that the
Longitudes
of all Places in the
Britannia
are accounted from the
Meridian
which passeth by the
Azores
. But from which of the
Meridians
? If it bee as the book expresseth
ab Ultimo Occidente
, 'tis from that of
Corvo
: then the Mathematicians have caus to complain, for all the
Longitudes
are fals. But I can perceiv that the
Geographer
, though otherwise most accomplished, yet was not so well seen in this piece of the Skill; for though it bee pretended in the Preface that all the
Longitudes
in the Description shall bee taken from the
Azores
, yet in setting down the
Longitude
of
Oxford
, hee saith, That as hee hath it from the Mathematicians of the Place, it is 22 Degrees from the
Fortunate Islands
which can never bee true, for 'tis but 19 from the
Azores
reckoning by S.
Michaël
: But this is not all: In assigning the
Longitude
of
Pen-von-las
; or,
The Land's-end
in
Cornwall
, Hee saith that is 17 Degrees
à Fortunatis Insulis vel potiùs Azoris
, from the
Fortunate Islands
or rather from the
Azores
. But
is
the Difference so small did hee think? But 9 Degrees at least.
But I finde by the
Longitudes
that
Mercator
was the Man that set up all these for
Geographers
.
Mercator
first of all kept himself to the Greek
Meridian
, as,
Appian, Gemma Frisius, Maginus
, and others; but understanding by
Francis
of
Deip
, an experienced Mariner, that the
Compass
had no Variation in the Islands of
Capo Verde
. And by others, that it had very little in
Tercera
, and S.
Marie
of the
Azores
, but not anie at all in the Isle
Corvo
, that hee might go a mean waie to work, and complie with the Common
Meridian
of the World (as hee took it to bee). Hee made his Great
Meridian
to pass (as himself saith) betwixt the Isles of
Capo Verde
and the
Azores
; that is, Through the Isles of S.
Michaël
and S.
Marie
, which was afterwards taken for Example by
Plancius, Saunderson
, and the common sort of others, so that little or no notice at all was taken of the
Meridian
by
Corvo
, no not by those of the biggest expectation, as M.
Carpenter
, M.
Camden
, M.
Speed
, and the rest; although this also was the known
Meridian
of som
Globes
of the very same Times; and before that, that is, before they had set their last
hand
to their
Descriptions
. And 'tis no mervail, for
Mercator's Longitudes
were more exactly accounted then before, and therefore they might well take his
Meridian
along with them. And 'twas not amiss to go by the most
received
, but then they should have said so, and withall, have set down the three severall
Meridians
at least, and the difference of
Longitude
betwixt them; and all this with more distinction then so, that another man should com after them to tell themselvs what
Meridian
they went by.
And thus much of the First, or Great
Meridian.
Of the Lesser Meridians
.
THe Lesser are those
Black Circles
, which you see to pass through the
Poles
, and succeeding to the Great at 10 and 10 Degrees as in most
Globes
; or as in som, at 15 and 15 Degrees Difference.
Everie place, never so little more East, or West then another, hath a several
Meridian. Shot-over
hath a distinct
Meridian
from
Oxford
, becaus more East;
Osney
hath not the same as near as it is, for it lieth West of the Citie: The exact
Meridian
whereof must pass directly through the middle; yet becaus of the huge distance of the Earth from the Heavens, all these Places, and Places much further off may bee said to have the same
Meridian
, as the
Almanack
-makers Calculate their
Prognostications
to such, or such a
Meridian
where they pretend to make their Observations: But saie too,
that it may generally serv, &c.
And indeed there is no verie sensible Difference in less then 60 Miles, upon which ground the
Geographers
, as the
Astronomers
allow a New
Meridian
to everie other Degree of the
Equator
, which would bee 130 in all, but except the
Globes
were made of an Extreme and Unuseful
Diameter
, so manie would stand too thick for the Description. Therefore most commonly they put down but 18; that is at 10 Degrees distance one from the other, the special use of these Lesser
Meridians
beeing to make a quicker dispatch in the account of the
Longitudes
. Som others, as
Mercator
set down but 12 at 15 Degrees difference, aiming at this, That the
Meridians
might bee distant one from the other a full part of time, or an hour: for seeing that the Sun is carried 15 Degrees off the
Equinoctial
everie hour, as was said before. The
Meridians
set at that Distance must make an hours difference in the Rising or Setting of the Sun to the several places, as if the Sun Rise at such an hour, such a daie of the year at
Oxford
. In a place 15 Degrees more distant towards the East the Sun riseth an hour sooner. In a place 15 Degrees distant towards the West, an hour later, the same daie of this, or that year.
Now becaus the Spaces of time are reckoned by the same Degrees of the
Equator
as the Distances of Place, The Degrees of
Longitude
have been called
Tempora
; which word
Camden
somtimes delighteth to use, as in the
Longitude
of
Bath
hee saith it is 20
Temporibus
, 20 Times, that is 20 Degrees distant from the Great
Meridian
. Hee expresseth by the same word in setting down the
Latitude
, but not so cunningly as I think.
Of the Equator, and the Lesser Circles
.
THe
Equator
is the Middle Circle betwixt two
Poles
graduated throughout, and plainly dividing the
Globe
into two equal Parts, from North to South, This is the
Circle
of
Longitude
, as the
Meridian
of
Latitude
; for
Longitude
is reckoned in the
Equator
from the
Meridian: Latitude
in the
Meridian
from the
Equator
.
Crossing this Circle obliquely in the Middle is the
Zodiack
, the uttermost extent whereof towards the North noteth out the
Tropick
of
Cancer
; towards the South, the
Tropick
of
Capricorn
, each of them distant from the
Equator
23 Degrees, or not much more, as may bee accounted in the Great
Meridian
. Equi-distant from these, and at the same distance from the
Poles
as the
Tropicks
from the
Equator
, are set down the
Artick
and
Antartick Circles
; all offering themselvs to sight by their Names, and distinction of Bredth, and Color, more notably then the rest: by the rest I mean the black blinder Circles equi-distantly remooved from the
Equator
at 10 Degrees difference, and serving the same turn in the accounting of
Latitude
, as the
Meridians
at the same distance in the reckoning of the Longitude. And these are called the unnamed
Parallels
.
And so much of the Description of the
Earth
and
Water
together; Now of the
Waterie-Part
by it self
.
The Description of the
Waterie-Part
of the Globe by the Rumbes of the Mariner's Compass
.
THe Cours of a Ship upon the Sea dependeth upon the Windes. The Designation of these, upon the certain Knowledg of one Principal; which considering the Situation and condition of the whole Sphere, ought in nature to bee North, or South. The North to us upon this side of the Line, the South to those in the other Hemisphere; for in making this observation, Men were to intend themselvs towards one fixed part of the Heavens, or other, and therefore to the one of these. In the South Part there is not found anie Star so notable, and of so near a distance from the
Pole
, as to make anie precise or firm Direction of that Winde. But in the North wee have that of the second Magnitude in the Tail of the
Lesser Bear
, making so smal, and, for the Motion, so insensible a Circle about the
Pole
, that it cometh all to one, as if it were the
Pole
it self. This pointed out the North-winde to the Mariners of old especially; and was therefore called by som the
Load
, or
Lead-Star
. But this could bee onely in the night, and not alwaies then. It is now more constantly and surely shewed by the
Needle
touched with the
Magnete
, which is therefore called the
Load
or
Leadstone
, for the same reason on the leading and directing their Courses: in the Nature and Secret of which Stone, becaus the whole business of
Navigation
is so throughly concern'd, somthing is to bee borrowed out of that
Philosophie
.
The Original of the Mariner's Compass from the Magnetical Constitution of the Earth
.
A
Magnetical Bodie
is described to bee
That
, which hanging in the
Aërial
or
Ætherial
Parts of the Univers, firmly seateth it self upon it's own
Poles
, in a
Situation
natural and unchangeable, consisting also of som such parts as separated from the rest can take upon them the nature and conditions of the whole.
Under this Description the
Magnetical Philosophers
comprehend the Globes of
Saturn, Jupiter
, the
Sun
, &c. but becaus these Bodies are placed so far above the reach of our Experience, and purpose; it shall bee sufficient to make the
Description
good upon the
Earth
.
To do this, I think I may suppose, First, that the Constitution of the
Whole Earth
may bee gathered from the prevailing parts, such parts especially as do bear upon them the
Marks
and
Signatures
of the
Whole
.
Then secondly, That the parts of the Earth, which lie couched about the
Center
, are not of a different of degenerous compliance from these which lie scattered about the Surface; which if anie bodie lift to rais suspicions upon, as Mr
White
hath don, they may: but I am sure they were no nearer
Him, when hee lai'd the Foundations of the Earth
, then wee.
The prevailing parts about the Surface of the Earth, are the Mines of
Loadstone, Steel, Iron
, &c. of all which, it is certain, that they are indued with a virtue
Magnetical
, which enableth them to place themselvs in a set position betwixt
North
and
South
: And not onely these, but even
Claie
it self, burnt to Brick, and cooled
North
and
South
, if it bee hanged up in a close place, and left to it's libertie, will seat it self in the same Situation.
But the most vigorous
Magnetes
are the
Stone
and the
Steel
, the
Stone
especially: And the
Steel
hath a capacitie to receiv a stronger virtue from the
Stone
, whereby it more firmly seateth it self in the
North
and
South-Position
of the Earth, directly pointing out those Windes to the Mariner; not in all parts directly, becaus in following the Constitution of the
Great Magnete
of the
Whole Earth
, it must needs bee here and there led aside towards the
East
or
West
, by the unequal temper of the
Globe
, consisting more of
Water
then of
Earth
in som places, and of
Earth
more or less
Magnetical
in others.
This
Deviation
of the
Needle
, the
Mariners
call
NorthEasting
, or
North-Westing
, as it falleth out to bee; otherwise and more Artificially, the
Variation
of the
Compass
; which though it pretend uncertainly, yet proveth to bee one of the greatest helps the Seaman hath; for the Degrees of Variation, which the place it self exactly observed, giveth him a shrewd guess of the same, when hee meeteth with the same Variation again, unless the Variation it self should bee subject to a Change of
Admirable Diminutions
as the
Late Discoverer
calleth it in his
Discours Mathematical
, &c.
This
Needle
, touched with the
Stone
, and directing towards the
North
and
South
, the Mariners (as the
Magnetical
Philosophers) call their
Directorie-Needle
, not onely for the reason intimated, but to distinguish it also from their other, called the
Inclinatorie-Needle
, becaus it is also found that the
Needle
touched with the
Stone
, will not onely turn towards the
North
, but make an
Inclination
under the
Horizon
, as to conform with the
Diameter
or
Axis
of the
Earth
.
Mr
Henrie Gellibrand
.
This Motion of the
Needle
was accidentally discovered by
Robert Norman
, a Man of great dexteritie in the framing and dressing up of the
Mariner's Compass
. It hapned to him, that, as often as hee had finished his
Needles
, and equally poized them upon their
Pins
, hee had no sooner touched them with the Stone, but still the
North-Point
of the
Needle
would forsake the parallel Site in which hee had placed it, and incline it self to the
Axis
of the
Earth
. The reason whereof not presently perceiv'd, escaped a while, with a conceit, as if the Artificer had deceived himself in ballancing the
Needle
; which therefore hee endeavoured to correct with a little peice of
Wax
stuck upon the lighter End (as hee took it to bee) till at last, beeing imploied in the framing of a
Compass
, the
Needle
whereof was to bee 6 inches in length, and having polished and levelled it with all possible care, and yet after the touching of it with the
Stone
, finding one end to weigh down the other, hee was forced to cut off som part of the heavier end, (as hee still mistook it) and so more, till hee had made the
Needle
unserviceable: whereupon, consulting with som knowing Friends, hee was advised to make som Instruments to trie out the experience. And it was found to bee this verie
Inclination
to the
Axis
of the Earth, and proportionably, though not equally, answering to the Degrees of
Latitude
.
But this Inclination also, as the Direction, is variable, and for the same causses of the Earth's unequal temper.
But all that which I have said will more evidently and expertly appear, upon the
Terrella
, or little Earth of
Loadstone
.
As the
Great Magnete
of the Earth, so everie
Magnetical
part thereof, and everie part of that, hath
Poles, Axis, Equator, Meridians
, and
Parallels
of it's own. The
Magnetical Philosophers
therefore, to represent unto themselvs the Great Nature of the Whole, take a strong small piece of a
Rock
, which having reduced into a
Globous
form, they first found out the
Poles
by the filings of Steel (or otherwise) which will all meet together upon the
North
and
South
Points. A
Circle
drawn equidistantly from these describeth the
Equator
. This don, they take a smal Steel wyer, of about half an inch long, and applie it to anie part of the
Equator
, and it will precisely turn towards the
North
and
South Poles
, which is
Motion of Direction
, and marketh out the
Meridians
of the
Terrella
. But supposing a Concavitie to bee let into this
Little Earth
, in anie part, either about the
Equator
, or betwixt it and the
Poles
: In that case the
Needle
will not point directly to the
Poles
, but will make a
Variation
; unless it bee placed exactly towards the Middle of the
Concavitie
, and then it maketh no Variation at all, but turneth directly, as before; which from the Causses justifieth the
Directions
, and
Variations
of the
Compass
, towards and from the
Poles
of the
Earth
.
Remove this Wyer from the
Equator
towards the
Pole
, and the one Ende of it will rise up as
Norman's Needle
did, and the other End will stick down upon the
Stone
, making an
Acute Angle
, and describing a
Parallel
. Remove it nearer to the
Pole
, and the
Angle
will bee less and less acute, till at
a
certain Parallel it becom a
Right Angle
to the Stone. Remove it yet nearer, and the Angle will bee
Recto Major
, or more and more obtuse. Bring it up to the
Pole
it self, and it will there stand bolt upright, and make one Line with the
Axis
of the
Stone
; which maketh good the Inclination of the
Needle
to the
Diameter
of the Great
Magnete
: for if
Norman
had touched his
Needle
under the
Line
, it would have stood level upon the
Pin
without anie Declination at all. If hee had touched it in anie place beyond the
Line
, the Inclination, would have been on the
South
side; but living here more towards this
Pole
, it must needs fall out as hee found it.
Nobile experimentum
, as Dr
Gilbert
cal's it, and hee is bold to saie,
ut nullius unquam rationis aut mentis compos, &c.
that hee who had considered of this, and holdeth not himself convinced of the Principles of
Magnetical Philosophie
, is not to bee taken for a man of sens or reason. I know what
Scaliger
saith to this;
Gilbertus Medicus, &c. tres amplissimos Commentarios edidit, in quibus magìs mihi probavit Doctrinam suam, quàm Magnetis Naturam; nam incertior sum quàm dudum
. Wee know what hee meaneth by
amplissimos
: but why
tres Commentarios
? Sure the Man had not read all his Books, for the Dr wrote six: but
England
was a kinde of
Nazareth
to this Great Scholar; hee would not endure anie good should com out from hence.
But to give the
Art
and the
Nation
but their due: As there is no point of
Philosophie
so admirable and secret with
Nature
as this; so none so immerst in visible practice and experiment, and bred up from the verie Cradle to that growth and stature, which now it hath in this verie Corner of the World, by English Men.
Norman
Burrough
Wright
Gilbert
Ridley
Barlow
Gellibrand
.
Manie other Experiments of great Wonder and Satisfaction are made by the
Magnetical Philosophers
upon the
Stone
; but to the purpose I speak of, these are the Principal, which is, to give the Reasons of the
Needles
turning towards the
North
and
South
, which is the Original of the Mariner's Compass.
The North and South Windes thus assured by the
Motion
either of
Direction
of
Variation
of the
Needle
, The Mariner supposeth his Ship to bee, as it alwaies is, upon som
Horizon
or other. The Center whereof is that of the Ship.
The Line of North and South found out by the
Needle
, a Line crossing this at right Angles sheweth the
East
and
West
, and so they have the 4
Cardinal Windes
; and the
Indian
They are drawn upon a white
China
dish filled with Water, upon the Center whereof there hangeth a Needle of 6 inches long.
Compass
consisteth of no more. Cross again each of these Lines, and they have the 8
Whole Windes
, as they call them: Another Division of these maketh 8 more, which they call the
Half Windes
. A third maketh 16, which they call the
Quarter Windes
; so they are 32 in all.
Martin Cortez
noteth, that som Mariners of his time divided that Division over again, and so the
Compass
consisted of 64 Windes: but hee noteth also, that this Division was more exact then for the Use. Everie one of these Windes is otherwise termed a several point of the Compass, and the
Whole Line
consisting of 2 Windes, as the Line of
North
and
South
, or that of
East
and
West
, is called a
Rombe
. The
Spaniards
first gave that Name, as
Peter
of
Medina
taketh it upon them; yet not out of their own
Language
, but fancying to themselvs that the
Lines
of
the
Compass
(as indeed they do) much resembled the Spars of a Spining Wheel, which in Latine is called
Rhombus
, from the Greek
rhembō
, to turn about, they call those Lines
Rumbos
: and the Word hath taken.
The
Compass
therefore is an
Horizontical Division
of the 32 Windes, upon a round piece of Pasteboard set in a Box, in the Center whereof upon a
pin
of
Laten cinque
bored, the
Needle
or Wyers, first touched with the
Stone
, are placed. This Box hangeth in another Box, between two hoops of
Laten
, that however the outermost Box bee tossed up and down by the Motion of the Ship, yet the innermost may alwaies hang level to the
Horizon
. It is placed in the middle of the
Pupe
, upon a right Line imagined to pass by the Main-mast through the
Center
of the Ship, and so putteth the
Pilot
in his Waie.
These
Compasses
are represented, as they may upon the
Globe
, by those Circles which you see divided into 32 Parts with their
Fleurç de Lis
, alwaies pointing to the
North
. And though the Windes are not set down by Name, yet they may bee fetched from the
Horizon
without the
Globe
. And the
Rumbes
are drawn out at length circularly, if the Cours bee upon a
Meridian
, the
Equator
, or anie other parallel; otherwise they are
Helispherical
Lines, as they call them, that is, partly
Circular
, and partly
Helical
or
Spiral
, as you may see them described upon the
Globe
.
In the
Globes
set out by
Saunderson
and
Molineux
, you have the Courses of Sr
Francis Drake
, and
Fourbisher's
Voyages; and in
Janson's Globe
that of
Oliver Van-Nort
described by the
Rumbes
, whereby you may judg of the rest.
The Knowledg of all this is not of less use to the
Geographer
, then the other
Description
by
Circles
; aswel for the Reading of
Sea-Voyages
and
Discoveries
of
New Lands
and
Passages
, as for that the verie
Descriptions
of the
Earth
, for a great part, cannot bee made without references to the
Water
.
As the
Earth
and
Water
are wholly represented upon the
Globe
, so the whole, or anie part of either may bee described in
Plano
, or upon a plane Surface in a
Map
or
Sea-Chart
.
Janson's
Globe of the Year 1616. The Great Meridian passeth by the Pike in
Tenariff
. The Lesser stand at 10 Degrees distance.
And of these also somthing shall bee discoursed hereafter; for the present,
Thus much of the
Description:
now followeth
The Use of the Terrestrial Globe; and first of the Rectification.
THe first care of this is to see that the Foot of the
Globe
stand level or parallel to the
Horizon
; for which purpose som
Globes
have a
Plumb-line
, and there bee that advise for a
Triangular
Level of
Wood
, with a Plummet for the purpose, to bee applied to anie part of the
Horizon
, after the manner as the
Mechanicks
trie their
Planes
: but the matter is not tied to such a severitie of exactness, but that a good Eie may pass for a sufficient Judg. The next thing is, that it bee placed in the
North
and
South-Position
of the Earth as directly as it may. This dependeth upon the knowledg of the
Meridian
of the place, but may well enough bee don by a
Needle
, whose Variation is known, such an one as is used to bee set upon the South side of the Foot of som
Globes
, for the same purpose: then lift up the
North-Pole
above the
Horizon
so manie Degrees as will answer to the
Latitude
of the Place unto which you mean to rectifie, which suppose to bee
Oxford
, therefore the
Pole
is to bee lifted up 51 Degrees, for that is the Elevation of this Place: then finde out
Oxford
in the
Globe
, and bring it to the
Brass Meridian
, and there staie it with a piece of paper, or the like, put between the
Meridian
and the
Globe
: And you have set before you
Oxford
with the verie same and all respects of
Situation
upon the
Globe
, as it hath upon the
Earth
it self. And this is called
Rectification
, or right setting of the
Globe
.
By the known Place to finde out the Longitude and Latitude, and by the known Longitude and Latitude to finde out the Place
.
THese Terms of
Longitude
and
Latitude
are understood either of the same or several Places. In the first sens they are absolutely called the
Longitude
or
Latitude
of this or that place. In the other sens wee use to say, The
Difference of Longitude
or
Latitude
between such and such a place. The
Longitude
of this or that place is the distance of it from the
Great Meridian
, to the
Meridian
of the Place reckoned in the Degrees of the
Equator
. The
Latitude
of a Place is the
Distance
of the
Equator
from the parallel of the place reckoned in the Degrees of the
Meridian
. Therefore if the place met with bee under the
Great Meridian
, it hath no
Longitude
at all, as the Hill in
Tenariffe
, unless it bee in respect of som other
Great Meridian
, as that by
Corvo
, or the other by St
Michaël
; and of such a place it will bee sufficient to know the
Latitude
. So again, if the place met with bee under the
Equator
, it hath no
Latitude
at all; and of such a place it shall bee sufficient to know the
Longitude
. But if the place should fall out to bee in the verie
Intersection
it self of the
Equator
, and the
Great Meridian
it hath neither
Latitude
nor
Longitude
; and of such a Place it is sufficiently said, that
There it is
.
But if the
known Place
lie at anie distance from the
Equator
, it is but bringing it up to the
Brass Meridian
, and the
Latitude
is found by observing what Degrees the
Meridian
setteth off. Let
Oxford
bee the
Place
you meet with, turn the
Globe
till it lie precisely under the
Meridian
, and you will finde from the
Equator
51 Degrees, 32 Minutes of
Norther Latitude
; and, by consequence, you also have the
Elevation
of the
Pole
: for that is alwaies equal to the
Latitude
of the
Place
.
With the same labor you may finde out the
Longitude
, if holding still the
Globe
you observ the Degrees of Interse ction cut off by the
Meridian
in the
Equator
: as put the case for
Oxford
still, it will bee found 22 Degrees from the
Fortunate Islands
, saith
Camden
; from St
Michaël
in the
Azores
'tis exactly true by which the
Preface
promised to go; but from the
Fortunate Isles
or the
Pike
in
Tenariffe
, not out 15.
In case anie of the
lesser Meridians
happen to pass through the Place, you may rekon of what number it is from the
Great Meridian
, as whether it bee the 3d, 5th, 9th, &c. and so manie times 10 Degrees, (for at that distance they are set) is the
Longitude
of the Place. The same cours may bee taken by the
Parallels
to account the Degrees of
Latitude
.
And as the
Longitude
and
Latitude
are found out by the
Place known
, so after the same manner anie
Place
may bee found out by the fore-knowledg of them. This fore-knowledg was first had by
Observation
of the
Eclipses
of the
Moon
, and the
Meridian Altitude
of the Sun or Stars, but may bee now more easily gotten out of the Tables of
Peter Appian, Gemma Frisius, Mercator, Ortelius, Tycho
, and that annexed to Mr
Hues
his Treatise of the Use of the
Globes
, wherein the
Longitudes
and
Latitudes
of all the
Principal Cities, Capes, Rivers
, &c. are set down, but not accounting all from the same
Meridian
, which therefore also must bee considered off: For the named Autors,
Appian, Gemma Frisius
, and
Tycho
reckoned from the
Canaries
, the rest from St Michaël in the
Azores
.
Of the Difference of Longitude and Latitude, and what is to bee observed in the converting of the Degrees of either into Miles
.
THe Respect of several Places one to another, is called the
Difference of Longitude
or
Latitude
, as the
Latitude
of
Oxford
is 51 Degrees, the
Latitude
of
Durham
55. The
Difference of Latitude
is 4 Degrees. The Use of
Longitude
and
Latitude
, in the absolute sens, was to make out the
Position
of anie
Place
, in respect of the
Whole Sphere
. In this other meaning, the Intent is to shew the
Situation
and
Distance
of anie Place from and in respect of anie other. The
Situation
of a Place to another Place, is otherwise called the
Angle of Position
; but of the
Distance
first, and how that is to bee made into Miles.
The several cases put by the
Geographers
of this
Difference
, are either of
Places
differing in
Latitude
onely, or
Longitude
onely, or both. Places differing in
latitude
onely, are all such as lie under the same
Meridian
, but
several Parallels
. This may so fall out, as that either both the Places may bee in
North
, or both in
South Latitude
, or one of them in
each
. If both the Places lie in
North
or
South Latitude
, then it is plain, that if the
lesser Latitude
bee subduced from the
greater
, the
Remanent
of Degrees, multiplied into
Miles
by 60, sheweth the
Distance
, as the
Isl' de Maio
in the
Latitude
of 14 Degrees; and the Isle of St
Michaël
39 Degrees, are both under the
same Meridian
: the 14 Degrees are the
lesser Latitude
, which taken from the 39 the
greater
, the remainder is 25, which multiplied by 60, giveth the Distance in
Miles
. If one of the Places lie in
North
, the other in
South Latitude
, add the Degrees of both
Latitudes
together, and do the like.
The verie same Cours is to be taken, if the Places differ in
Longitude
onely, in case they both lie under the
Line
it self, becaus there the measure is in a
Great Circle
, as in the
Meridians
of
Latitude
; but if otherwise it fall out to be bee in anie
Parallel
, on this or that side of the
Line
, the case is altered.
Wee take for instance the Difference of
Longitude
betwixt
London
and
Charlton
, or
Charls-Town
, in
Charlton
Island, so honored with the Name of
CHARLS
Prince of WALES, by Captain
Thomas James
, at his Attempt upon the
North-West
Passage in the
Wintering
, the 29th of
Maie
, the Year 1632, which was the Daie on His Highness Nativitie.
The Difference of
Longitude
is 79 Degrees, 30 Minutes, as it was taken from an
Eclips
of the
Moon
, observed there by the Learned Captain,
Octob.
29, 1631, and by Mr
Henrie Gellibrand
at
Gresham College
at the same time. It is required that this Difference of
Longitude
bee converted into
Miles
.
The
Latitude
of
Charlton
is 52 Degrees, 3 Minutes; that of
London
much about the same. Here the proportion of 60
Miles
to a Degree, will over-reckon the
Distance
almost by the half. The reason whereof shall bee first reported out of the Nature of the
Sphere
.
However, it bee certain, that the
Artificial Globe
(as the
Natural
is supposed to bee is of a Form precisely round, and may bee drawn upon all over with
Great Circles
Meridionally, yet considered from the
Middle Line
to the
Poles
, it hath a sensible
Inclination
or
Depression
of
Sphere
, as it is termed in their words, so that if the
Artificial Globe
bee turned about upon it's
Axel
, several parts of the same Bodie shall bee more swiftly moved then other at the same time; for it is plain, that the
Equator
is moved about in the same duration of time, as the smallest
Parallel
, but the
Circumferences
are of a Vast and Visible Disproportion, and therefore is not possible they should go an equal pace.
It is upon the same grounds, that the Author of the
Use of the Globe
per Terram mobilem
will tell you, that in the Diurnal Motion of the Earth, though
Amsterdam
(in the same
Latitude
with
Oxford
) keep pace with the Isle of St
Thomas
under the
Line
, yet they are of a very different dispatch; for
Amsterdam
goeth but 548 Miles in an hour, whereas the Isle of St
Thomas
posteth over 900 Miles in the same space of time, which is after the rate of 12 Miles in a Minute, and more. And all this is true (that is true to the
Paradox
) from the Inclination of the Sphere: But more plainly yet.
Wee see that the
Meridians
upon the
Globe
are set at 10 Degrees Distance, but wee may perceiv too that this Distance groweth less and less, as the
Meridians
draw nearer towards their concurrence in the
Poles
, as the
Globe
it self doth from the
Equator
upwards, and therefore the Degrees however accounted proportionable, yet cannot possibly bee equal in the Lesser
Parallels
to those in the
Equator
, but must needs make an orderlie Diminution from thence to either of the
Poles
.
When therefore it was formerly said that 60 Miles of the Surface of the
Earthlie Globe
answer to a degree in the
Hea ven
, it is to bee understood of the Degrees of a
Great Circle
, and so is alwaies true in those of
Latitude
, but in the Degrees of
Longitude
it holdeth onely in the
Equator
it self, but in the
Parallels
more North, or South the proportion diminisheth from 60 to none at all. So that if I would convert the
Longitudes
of the
Molucca's
, or anie other parts under the
Line
into Miles, it is but multiplying the Degrees of
Longitude
by 60 and the thing is don; but if I would do the like by
Oxford
, or anie other place betwixt the
Equator
and the
Poles
, I must first know what number of Miles answereth to a Degree in that
Parallel
of
Latitude
. The knowledg of this dependeth upon the proportion which the
Equator
beareth to the
Parallels
, which is learned out by the skill of
Trigonometrie
, but need not now bee so hardly attained to; for the Proportions are alreadie cast up into a
Table
by
Peter Appian
in the first Part of his
Cosmographie
. They are there set down according to the rate of
German
Miles, one of which maketh 4 of ours. According to our own Rate they are as followeth:
The Proportion of English Miles answering to their several Degrees of Latitude
.
Deg. of Lat.
Miles English.
Seconds.
Deg. of Lat.
Miles English.
Seconds.
Deg. of Lat.
Miles English.
Seconds.
1
59
59
31
51
26
61
29
5
2
59
58
32
50
53
62
28
10
3
59
55
33
50
19
63
27
10
4
59
51
34
49
45
64
26
18
5
59
46
35
49
9
65
25
21
6
59
40
36
48
32
66
14
24
7
59
33
37
47
55
67
23
27
8
59
25
38
47
17
68
22
29
9
59
16
39
46
38
69
21
30
10
59
5
40
45
58
70
20
31
11
58
54
41
45
17
71
19
32
12
58
41
42
44
35
72
18
32
13
58
28
43
43
53
73
17
33
14
58
13
44
43
10
74
16
32
15
57
57
45
42
26
75
15
32
16
57
41
46
41
41
76
14
31
17
57
23
47
40
55
77
13
30
18
57
4
48
40
9
78
12
28
19
56
44
49
39
22
79
11
27
20
56
23
50
38
34
80
10
25
21
56
1
51
37
46
81
9
23
22
55
38
52
36
56
82
8
21
23
55
14
53
36
7
83
7
19
24
54
49
54
35
16
84
6
16
25
54
23
55
34
25
85
5
14
26
53
56
56
33
33
86
4
11
27
53
28
57
32
41
87
3
8
28
52
59
58
31
48
88
2
5
29
52
29
59
30
54
89
1
3
30
51
58
60
30
0
90
0
0
KNowing then the
Latitude
of
Charlton
to bee 52 Degrees, and that of
London
much about the same: I enter the Table, where I finde the Sum of 36 Miles, or thereabouts to answer a Degree of that
Parallel
, therefore multiplying the Degrees of
Longitude
by 36, it giveth up the number of Miles from the Great
Meridian
to the Place.
And very fit it were that these Proportions were written upon the
Horizon
of the
Terrestrial Globes
, rather then the
Calendars
. And what els there is, confessed by themselvs to belong of right to the other
Globe
, and of little use to the
Geographer
, till this will bee, they may bee cut upon a
Silver-Plate
, or
Ruler
of
Box
, or som how, or other; for without this
Table
, the Use of the
Globe
, as to this Case of Difference, is as good as none at all.
The last Case is remaining, which is put of such Places as differ both in
Longitude
and
Latitude
; for the consideration whereof the
Geographers
have devised several waies, as the
Arithmetical
waie; That by the
Sphærical Triangles
, by the
Semi-circle, &c.
But the working by either of these is of more time and intricacie then was to bee wished. The readiest of all, and not much inferior to the certaintie of the rest is the
Geometrical
waie, as
Peter Appian
(one of the Fathers of this Art) hath termed it; and 'tis no more but this: Let the two Places bee the Isle of St
Thomas
and
Tenariff
in the
Canaries
. Take your
Compasses
and set one Foot of them
Tenariff
, the other in S.
Thomas
, and keeping the Feet of the
Compasses
at the same distance, remove them to the
Equator
, or Great
Meridian
, and see how many Degrees they set off; for that number multiplied by 60 is the Distance of the two Places in Miles. The ground of this Rule is, that the Distance of all Places not differing onely in
Longitude
, are to bee understood to bee in a Great Circle, and it was known before, that the Degrees of such a one are severally answered by 60 of our Miles upon the face of the Earth. You may do the like in the
Quadrant
of
Altitude
as will bee seen in the next
Invention
.
To finde out the Bearing of one Place from another, and what is meant by the Angle of Position
.
THe
Zenith
is the
Pole
of the
Horizon
through which the
Astronomers
imagin Circles drawn (as the
Meridians
through the
Poles
of the World) so dividing the Degrees of the
Horizon
as to mark out the
Site
of the
Stars
from this or that Coast of the World. And becaus these Circles are supposed to bee drawn through the
Semt
, or
Semith Alros
, that is The Point over the Head, or
Vertical Point
, The
Arabians
called them
Alsemuth
, we cal them stil
Azimuths
. And for that the
Zenith Point
still altereth with the
Horizon
, these Circls could not have been describ'd upon the
Globes
, but are represented there by the
Quadrant
of
Altitude
, which is the 4th part of anie one of those, and most properly serving the other
Globe
, yet upon the same ground is useful to the
Geographer
in setting out that
Angle
which is made by the meeting of the
Meridian
of anie Place, with the
Vertical Circle
of anie other and of the same, called therefore the
Angle
of
Position
, or
Site
. To finde this out you are to elevate the
Pole
to the
Latitude
of one of the Places, then bring the Place to the
Meridian
, and it will fall out directly to bee in the
Zenith
of that
Elevation
upon this ground, That the
Elevation
is alwaies equal to the
Latitude
; then fasten the
Quadrant
of
Altitude
upon the
Zenith
, and turn it about till it fall upon the other Place, and the End of the
Quadrant
will point out the Situation upon the
Horizon
. Let the Places bee
Oxford
and the Hill in
Tenariff
, set the
Globe
to the Elevation of
Oxford
, that is 51 Degrees of Elevation above the
Horizon
, then bring
Oxford
to the
Meridian
, and it falleth under 51 Degrees of
Latitude
from the
Equator
, therefore it is found in it's own
Vertical Point
90 Degrees equidistantly removed from the
Horizon
: Fasten there the
Quadrant
, and move about the
Plate
till it fall upon the Hill in
Tenariff
, and the end of the
Quadrant
where it touch eth the
Horizon
will shew that the Hill in
Tenariff
beareth from
Oxford
South South-West: and if you multiplie
the
Degrees of the
Quadrant
intercepted betwixt the two Places by 60, you have the Distance in Miles, which was promised before.
If you finde, as you needs must, that the Proportion of Miles upon the
Globe
doth not alwaies answer to that which wee reckon upon in the Earth, you are desired not to think much; for when it is promised that 60 of our Miles shall run out a Degree of a Great Circle above, it is intended upon this Supposition, as if the Earth wee tread upon were precisely round as the
Globe
it self is, and not interrupted with Rivers, Hills, Vallies, &c. which though they bear no proportion otherwise, yet becaus it cometh to pass by this that wee cannot set our cours in a Streight Line upon the Earth as the Demonstration is forced to presuppose, wee must bee contented if som difference fall out.
The more unhappie Difference will bee found in the
Longitudes
themselvs. The Difference of
Longitude
betwixt
Rome
and
Norenberg
(as M.
Gellibrand
hath already made the Observation) is according
to
Kepler
, but 4 Minutes of Time:
Lansbergh
reckoneth it at 10 Degrees,
Mercator
at 12,
Stadius
at 18,
Longomontanus
at 16,
Stoffler
at 18,
Maginus
at 26,
Werner
at 32,
Origan
at 33,
Appian
at 34,
Regiomontanus
at 36: with discouragement enough it may bee noted, for the Places are verie eminent, and of a near Distance: the Men professed able, and for the most part reckoning from the same Great
Meridian
; and yet the less to bee wondred at, if wee consider how much in this case must bee taken upon trust, even by these Men themselvs. Wee must not think they all spake this of their own Knowledg, for it is certain the thing might have been, and is don, though not without anie at all, yet without anie considerable disagreement. I saie the
Longitudes
for a very great part, are exactly enough agreed on. The perfection is not one Man's, nor one Ages Work, and must bee waited for. It must not seem strange if I tell you that you may distinguish the more certain from the doubtful by their disconvenience, for where you finde them to agree, you have caus to suspect (for the most part) that they have lien long upon the Lees of Time, not as yet enquired into. But if you finde them to disagree, you may conclude that they have been brought to a new Examination. And of these, you are to take the latest, and from such (if it may bee) as have don it by their own Observation, as out of the Tables of
Tycho
before others. The difference of
Longitude
by
Tycho's
Tables betwixt
Rome
and
Norenberg
is under 4 Degrees, which cometh nearest to
Kepler
, who also took it himself from two several observations of the Moon. There will still seem to bee som want of satisfaction, but it is sufficient for anie man to know in this as much as anie other man doth.
If you would convert the Degrees of
Longitude
into Hours (for this also may bee don as well as into Miles) you are to allow 15 Degrees to one Hour, upon the Reasons taught before; and that which will bee gained by this is to know, by how much sooner or later the Sun Riseth, or Setteth to one Place then to another. As the Difference of
Longitude
betwixt
Oxford
and
Charlton
is 79 Degrees, 30 Minutes: that is, 5 Hours, 18 Minutes: and becaus
Charlton
lieth West from
London
, the Sun Riseth so much sooner here then there.
To finde out the several Positions of Sphere, Clime, Parallel, &c.
THe
Latitude
and
Longitude
of a Place once resolved upon, the other Accidents of
Sphere
will follow of themselvs: the
Position
of
Sphere
you cannot miss of, for if the Place you trie for have no
Latitude
at all, you know alreadie that it must of necessitie lie under the Line it self, and therefore in a right
Position
. If it have less, or more the
Position
is
oblique
. If it have as much as it can have, that is the Whole
Quadrant
, or 90 Degrees, the
Position
is
Parallel
; the reasons were told before, and may evidently bee discerned upon the
Globe
.
For the
Climes
and
Parallels
, and consequently the length of the longest Daie, The fore-knowledg of the
Latitude
leadeth you directly, in case the
Climes
bee set down upon the
Brass Meridian
, or in anie void part of the
Globe
, otherwise it is but entring the Table of
Climes
and
Parallels
proportioned to everie Degree of
Latitude
, and you have your desire. And as by the
Latitude
you may finde out the
Clime
, so if it happen that you knew the
Clime
before, as it may in the reading of the
Estats du Monde
, or the like Describers, you may by the
Clime
finde out the
Latitude
; And you cannot know either of these, but you must needs know the
Zone
: And if you know that, you can easily conclude upon the
Distinction
of
Shadows
, for you knew before that the Inhabitants of the
Mid Zone
are alwaies
Ascii
or
Amphiscii
; those of the two
Extreme
Periscii
; those of the two Temperate or
Intermedious,
Heteroscii
. To finde out the other Distinction of Habitation you may do thus: Let
Oxford
bee the Place; bring it to the
Meridian
, where you finde it to bee 51 Degrees lifted up above the
Equator
; account so manie Degrees of Southern
Latitude
below the
Equator
, and you meet with the
Antæci
(if anie bee) in the
Terra Australis incognita
; remove
Oxford
from the
Meridian
180 Degrees, and you shall finde your
Periæci
under the
Meridian
where
Oxford
was before, about the
Bay
of S.
Michaël
in the Kingdom of
Quivira
, and your
Antipodes
in the place where their
Antæci
stood before, but they are not, for the Place is covered over with Water.
There yet remaineth one waie of Description, but out of Curious Art, and of no great Instruction, yet becaus it is made use of by som
Geographers
, and not left out by M.
Camden
himself in his
Britannia
, I may tell what it meaneth.
Of Astrological Geographie, and to tell under what Sign, or Planet, a Region, or Citie is subjected
.
THe
Wisdom
of the Antients (it was called so) held an Opinion that not our selvs onely, the
Little Worlds
, but the
Great Globe
of the
Earth
also is particularly reigned over by the Dominion of the 12
Signs
, and Influence of the 7
Planets
; upon which Principle (as wee receiv it by
Ptolomie's
Tradition) they divided this
Globe
into 4
Quadrants
by the Intersection of the
Equator
with the Great
Meridian
passing by the
Canaries
. Every of these
Quadrants
they again divided into 4
Trigons
, consisting each of them of 3
Signs
of the
Zodiack
, not orderly, but so as that everie
Trigon
night bee made up of one Fixt
Sign
, one Moveable, and the third Common, as they distinguish. The first
Quadrant
was reckoned from the
Vernal
by the
Pole
to the
Autumnal Intersection
, and was called the
Quadrant
of the
Habitable World
: for every one of the other three was to that Time a
Terra incognita
. The first
Trigon
of this
Quadrant
falleth to the Dominion of
Aries, Leo
, and
Sagittarius
. The Second to
Taurus, Virgo
, and
Capricornus
, and to the Influence of such
Planets
as are connatural to such
Signs
. So
Britain, France, Germanie, &c.
fall to the share of
Aries
and his Planet
Mars. Italie, Sicilie, &c.
to
Leo
:
Norwaie, Bavaria, &c.
to
Scorpio
; and so forwards, concluding all, and every Part and
Province
of the
Globe
under one, or other of the
Twelv
. But this emptie Speculation stopped not here, but would make us believ too, that not Whole Countries onely, but everie Citie, Castle, Village, nay, not a private Hous, or a Ship that ride's upon the Oceän but is thus distinctly governed by their
Planets
. They do it upon this ground: Those men allow as earnest a livelihood to the Beam in the Timber, and Stone in the Wall as to themselvs. And when the first Stone of a Building is laid, a Citie or Hous is said to bee born, and as Formal a Figure erected of that, as of the Owner's Nativitie.
The Emperor
Constantine
(though you would not think it) at the Building of his new
Rome
commanded
Valens
, (a named
Astrologer
of that Time) to Calculate the Nativitie, and make Judgment of the Life and Duration of that Imperial Citie. The
Asscendent
was
Cancer
, and the
Astrologer
said that the Empire should stand 696 years, and (whether hee knew so much or not) hee said true; the Citie lived longer indeed, but all the rest was but labor and sorrow. And for a more private Mansion, there is yet now to bee seen the Nativitie of the
Warden's
Lodgings of
Merton College
in one of the Windows; the
Horoscope
the same with that of
Constantinople
; now look what
Sign
of the
twelv
shall bee found to rise up in the
Horoscope
or
Angle
of the East, that is the
Sign-Regent
of that Hous, or Citie. Prepared thus, the
Astrologers
sit in Judgment upon the
Inclinations
and
Fatalities
of States and Men: and how little soever it may seem to us, or bee in it self, it was of moment to som of old, for
Tiberius
(an
Astrologer
himself) had the
Genitures
of all his Nobilitie by him, and according as hee found his own, or the Kingdom's
Horoscope
to bee well, or ill look't upon by theirs, so hee let them stand, or cut them off by
Legislative Astrologie
.
According therefore to this waie of
Description
, the Kingdom of
England
is Astrologically Sited in the first
Trigon
of the first
Quadrant
, under the Dominion of
Aries
for the
Sign
, and for the
Planet Mars
; or otherwise under the Dominion of
Pisces
, now in the Place of
Aries
, and the Influence of the
Moon
and
Mars
. And
Silen
saith, that the
Planet
of
England
is the
Moon
, and
Saturn
of the
Scots:
Unde homines illius regionis
(saith an old Astrologer)
sunt vagi, & instabiles, ludibrio exponuntur, nunc ad summum, nunc ad imum delati.
So the Jews and wee are governed by the same Stars equally, as
Cardan
is pleased to saie of us;
Cardan.
in 2.
Tetra bib.
Ptolomæi
, cap.
3. tex. 12.
A Rebellious and Unluckie Nation, ever now and then making of New Laws and Rites of Religion to the better somtimes, but for the most part to the worst.
Now take an Essaie by all the waies of Description in the
Geographie
of
Oxford
.
It lieth in an Oblique Position of
Sphere
in the Northern Temperate
Zone
: The Elevation of the
Pole
51 Degrees, 30 Minutes: the
Longitude
from the Great
Meridian
in
Tenariff
15 Degrees: under the 8
Clime
, and 16
Parallel
: the Longest Daie 16 Hours. The
Sign-Regent
is
Capricorn
: the Noon-Shadows are
Heteroscian
: Wee are
Periœci
to the Baie of S.
Miguel
in
Quivira: Antæci
to the Northern Parts of
Terra Australis incognita
below the
Promontorie
: Wee are
Antipodes
to none.
COSMOGRAPHIE In Four Bookes. CONTAINING THE CHOROGRAPHIE AND HISTORIE Of the whole VVORLD, And all the principall Kingdomes, Provinces, Seas, and Isles thereof.
By
PETER HEYLYN
.
Acts 17.24.26.
Deus qui fecit mundum, & omnia quæ in eo sunt; fecit ex uno omne genus hominum, inhabitare super universam faciem terræ, definiens tempora & ter-minos habitationis eorum
.
Plin. in Proem. l.7.
MVNDVS, & in eo Terra, Gentes, Maria, Insulæ, insignes Urbes, ad hunc modum se habent
.
LONDON
, Printed for
Henry Seile
, and are to be sold at his Shop over against Saint
Dunstans Church
in
Fleetstreet
. MDCLII.
OF
SWETHLAND
.
SWETHLAND is bounded on the East with
Muscovie
, on the West with the
Dofrine
hils which divide it from
Norway
; on the North with the great
Frozen
Ocean, spoken of before; on the South with
Denmark, Liefland
, and the
Baltick
Sea. So called from the
Sueci, Suethans
, or
Suethidi
, and the word
Land
added for a termination; of which more hereafter.
It is in length from
Stockholm
unto the borders of
Lapland
, above a 1000
Italian
miles; and in breadth from
Stockholm
, lying on the
Bodner Sea
, to the borders of
Denmark
, about twenty good dayes journey on horse-back: insomuch as they which have travelled the length and breadth of it on this side of
Lapland
and the
Gulf
, account it little lesse then all
Italy
and
France
together: but taking in
Lapland
, and the Provinces on the other side of the
Gulf
, bigger then both by the quantity of 900 miles.
The situation of it in regard of the heavenly bodies, is the same with
Norway
, under the same
Parallels
and
Degrees
; but of so different a temper, both for soil and air, as if disposed of under
severall
and long distant
Climes
. For the Aire here is very pure, but not so sharp, and insupportable, as it is in
Norway
: though in some places where the
Moores
and
Waters
setle for want of care to open and cleanse the
water-courses
, they have great
fogges
and mists which doe somewhat putrefie it: And for the soil, it is more fertile then any of the other
Northern
Provinces: so that besides those necessaries which they keep for themselves, they usually transport into other Countries store of Malt and Barley; together with great quantities of Brasse, Lead, Steel, Copper, Iron, the hides of Goats, Bucks, Oxen, and costly furres. They have also some
Mines
of
Silver
not mixt with any other metall; plenty of fish in their Lakes and Rivers; abundance of
Pine-trees
, Firre, Oaks, both for ships and houses; yeilding besides, among the woods, good store of
Tarre
, and Honey, and some other necessaries. But hereof we shall speak more punctually in the severall Provinces.
The principall mountains of this Country are the
Dofrine
hils, a vast and continuall ridge of mountaines which divide it from
Norway
. And though they want not Rivers fit for common uses; yet partly by reason of their great frosts and flakes of Ice, partly by reason of the falling of trees which lie crosse their
Channels
; they have not many
Navigable
, or of any great fame. The principall of such as be, are 1
Meler
, at the mouth whereof stands the City of
Stockholm
: 2
Lusen
, 3
Dalecarlie
, giving name to the Province so called, or as denominated from it. And of the
Lakes
, whereof here are exceeding many, that of most note is the lake of
Werett
which receiving it into 24 Rivers disburdneth it self at one mouth into the
Baltick
, with such noise and fury, that they call it commonly the
Devils head
.
The people are naturally strong and active, provident, patient, and industrious;
hospitable
towards strangers, whom they entertain with great humanity: so
healthy
, that if they doe not shorten their dayes by excesse and riot, they live commonly to 140 years of age; and so laborious, that a
Begger
is not seen amongst them: exceeding apt to learn as well Tongues and Sciences, as the
Arts Mechanicall
:
Gothland
.
every man in a manner being his own
Artificer
, without imploying Smith, Mason, Carpenter, or any of other
manuall
trades: very valiant both on foot and horseback, which their long wars against the
Danes
, and their late wars in
Germany
, have given good proof of. Their women are discreet and modest, free from that intemperance which these Northern parts are subject to. Both sexes use a corrupt
Dutch
, common to all three Northerne kingdoms: except in
Finland
, and the Provinces on the other side of the
Bodner
sea, where they partake somewhat of the
Muscovite
or
Russian
language.
The
Christian Religion
was first planted amongst them by the care and diligence of
Ansgarius
Archbishop of
Breme
, the
Apostle
general of the
North
; corrupt with
Popish
superstitions, it was
reformed
, according to the
Augustane Confession
, in the time of
Gustavus Ericus
, the first of the present Royall familie; sollicited thereunto by one
Petre Nevicius
a
Lutheran
Divine, and
Lawrence
the
Archdeacon
of
Strengnes
; but chiefly moved (as others say) by a desire to appropriate to himselfe the
goods
of the
Church
. And this appeares to have had some strong
influence
upon him in it, in that he presently seised upon what he pleased; and made a
Law
that
Bishops
should enjoy no more then the King thought fit: yet having pretty well lessened their
Revenues
, he was content they should remain as formerly both in
power
and
number
, reserving to himselfe and his successours the
nomination
of the persons; but so as the
approbation
of the
Clergy
(in a kinde of
election
) doth usually goe along with the Kings appointment.
The
Bishops
are in number seven, that is to say, 1 of
Lincopen
, containing in his Diocese 226 Parishes; 2 of
Vexime
, under whom are 210. 3 of
Scara
, ruling over the same number of Churches; 4 of
Strengnes
, under whom are an hundred onely; 5 of
Aboe
, the greatest for extent of all, as comprehending under it 500 Parishes; 6 of
Wiburg
, and 7 of
Habsay
, whose
Dioceses
for the most part lye out of the bounds of
Sweden
, in
Muscovie, Livonia
, and some other of the out parts of
Poland
: all of them under the Archbishop of
Upsal
, as their
Metropolitan
, whose
Diocese
extending into
Lapland
and
Finmarch
, containeth 171 Parish Churches. By which accompt there are in all the kingdome of
Swethland
, but 1417 Parishes; but many of them of a thousand or eight hundred families: the people being dispersed in
Forrests
and other places, where they have store of
timber
to build them houses, and store of
pasturage
for their Cattell; which is the reason why they have not so many great townes, nor so well inhabited, as is usuall in far lesser Countries: As for the
Authority
of these
Bishops
, they still retaine their
voice
in
Parliament
, and with them so many of the
inferiour Clergie
, as are from every
Socken
, (a certain number of Parishes like our
Rurall Deaneries
) deputed to appeare there in the name of the Church: the affaires whereof the
Bishops
do direct and order aswell in as out of publick meetings, according to the
Ecclesiasticall Constitutions
formerly established; and if any great occasion be, they may either advise with their
Consistorials
, or call a
Diocesan Synod
, (as they thinke most fit) and therein make such
Lawes
and
Canons
, as they conceive to be most proper for their owne edification.
The whole kingdom is divided into two parts, the one lying on the East, the other on the West side of the
Bay
or Gulf of
Bodner
, called
Sinus Bodicus
in
Latine
, being a large and spacious branch of the
Baltick Sea
extending from the most southernly point of
Gothland
as farre as to
Lapland
on the north. According to which division we have the Provinces of 1
Gothland
and 2
Sweden
, lying on the West side of the Gulfe; 3
Lapland
, shutting it up upon the North, 4
Bodia
or
Bodden
, and 5
Finland
, on the East side thereof; and 6 the
Swedish Islands
, where it mingleth with the rest of the
Baltick
.
1.
GOTHLAND
.
GOTHLAND
, is bounded on the East with the
Bodner
Sea, on the West with the Mountains which divide it from
Norwey
, and so much of
Denmark
as lies in the same continent with it; on the North with
Sweden
; on the south with the sea
Baltick
. So called either from the
Gothes
, whose originall Countrey it is commonly affirmed to be; or
quasi
goot landt
, from the goodnesse and fertility of the soyl (
Goot landia,
quæ Germanice
Terra bona
sonat
(as
Maginus
out of
Munster
hath it) the soyle being very fruitfull for corne and cattell, affording plenty of
Mines
, with great store of
fish
, and generally a better conditioned Countrey then any of the rest of these Northern Regions.
It is divided commonly into
Ostrogoth
, or
East Gothland; Westergoth
, divided from the former by the great lake of
Weret
spoken of before; and
South Gothland
, subdivided into
Smalandia, Tuiscia
, and
Verendia
. Chief townes whereof in
Ostrogoth
, are 1
Lincopen
, a
Bishops
See; 2
Loduse
, adorned with a very fair Haven: in
Westergoth
, 3
Scara
on the lake
Weret
, a
Bishops
See also; 4
Elseburg
on the Western sea, betwixt
Denmark
and
Norwey
; a place of consequence; and flankerd with two very strong Castles in the parts adjoining, the one called
Croneberg
, and the other
Goldberg
. 5
Tragualle
, remarkable for iron workes, occasioned by the
mines
adjoining. And finally in
South Gothland
, there is 6
Vexim
, or
Vexio
, another of the
Episcopall
Sees: 7
Walburg
, a reasonable fair Town, with a strong Castle. 8
Rottenby
, and 9
Elcholm
in
Verendia
, neer the confines of
Denmark
, 10
Colmar
, a noted and well traded Port on the
Baltick
Sea, beautified with a Castle not inferiour to that of
Millain
; and so well fortified throughout, that at the taking of it by
Christiern
the fourth of
Denmark
,
anno
1611. there were found mounted on the Workes 108 brasse peeces of Ordinance, six men of war to guard the Haven, with all manner of
Ammunition
in proportion to them.
Gothes
The first Inhhabitants of these south parts of
Scandia
, are commonly affirmed to have beene the
GOTHES
, whom
Jornandes
in his Book
de Rebus Geticis
, makes to have issued out of this countrey, and to plant themselves on the north bankes of the
Ister
, nere the
Euxine
sea, some time before the
Trojan
war: ascribing to them whatsoever is reported in old writers of the antient
Scythians
, as their encounter with
Vexoris
or
Sesostris
the King of
Egypt
, the Act and acheivements of the
Amazons
, their congresse with
Alexander
the
Great
in his
Persian
war, and the like to these. In which
Jornandes
being himself a
Goth
, is no more to be credited, then
Geofrie
of
Monmouth
a
Welchman
, in the storie of
Brute
and his successours, to whom he doth ascribe the taking and sack of
Rome
under the conduct of
Brennus
, whom he makes to be the brother of
Belinus
a King of
Britain
. Most probable it is that they were originally a
Dutch
or
German
people, part of the great Nation of the
Suevi
, called by
Tacitus
the
Gothones
, inhabiting in his time (as it is conceived) in the land of
Prussia
. Who finding their own countrey too narrow for them might passe over the
Baltick
into the next adjoining Regions: and not well liking that cold clime might afterwards in some good numbers goe to seek new dwellings, and at lest seat themselves on the bankes of
Ister
, where
Jornandes
found them. That they were
Dutch
originally, besides the generall name of the
Gothones
or
Gothes
, and those of
Ostrogothes
, and
Wisigothes
, into which they were afterwards divided; the particular names of
Alaric, Theodorick, Riccared
, (the names of their Kings and Captains) seem to me to evidence. That they were once seated in this Countrie doth appeare as plainly 1 by the name of
Gothland
here still remaining; 2 by the title of
Rex Gothorum
, which the Kings of
Swethland
keep in the
Royall style
; and 3 by some inscriptions in antient unknown
Charcters
engraven on the rocks neere
Scara
in the Continent, and
Wisby
in the Isle of
Gothland
, supposed by learned men to be some monument of that people. And finally that their fixt dwellings, when first known by this name amongst the
Romans
, was on the north side of the
Ister
; is evident by the testimony of all antient Writers, from the time of
Antoninus Caracalla
, with whom they had some
tumultuarie
skirmishes in his way towards
Persia
; till their violent irruption into
Italie
and the Western Provinces: most famous in this
intervall
for a great fight with
Decius
the
Roman
Emperour, whom they overcame and slew in battell,
anno
253. In the time of
Valens
and
Valentinian
the
Roman
Emperours a quarrell being grown amongst them, managed by
Phritigernes
and
Athanaricus
the leaders of the opposite factions,
Phritigernes
over throwne in fight had recourse to
Valens
, from whom he received such succours, that giving his adversary another day for it, he obtained the victory. Whereupon
Phritigernes
and his partie received the Gospell, but intermixt and corrupt with the
leaven
of
Arianism
, by the practise of
Valens
, who sent them none but
Arian
teachers, to whom and their faction in the Church, he was wholly addicted. Afterwards the whole Nation being driven over the
Ister
by the barbarous
Huns
, they obtained of
Valens
the out parts of
Thrace
for an habitation, on the condition they should serve under the pay of the Emperour, and become
Christians
: the cause that
Arianism
overspread the whole Nation generally, which had before infected but one partie onely.
Ulphilas
a devout and learned man, was their first Bishop; who for their better edification in the way of
godlinesse
, invented the
Gothick Characters
, and
translated
the
Scriptures
into that language: in the studie whereof they so well profited, that many of them in the time of their first
conversion
, suffered death for it at the hands of
Athanaricus
, and were counted
Martyrs
. Burdned by
Valens
, and denyed their accustomed pay, they harasse and depopulate the rest of
Thrace
, marching towards
Constantinople
: encountred in the way by
Valens
, whom they overcame, and killed, after all his favours. Vanquished by
Theodosius
the succeeding Emperour in many battels, they became good neighbours, inlarging their bounds with his leave and license as far as
Pannonia
, and grown into such estimation with him that
Ricimir
and
Franita
, two of that Nation, did obtaine the
Consulship
: not to say any thing of that exorbitant power and favour which
Gainas
had attained unto in the Court it selfe. Made insolent by so great honours, and apt to pick quarrels with their
Patrons
, they invaded
Italy
in two great bodies, consisting of no fewer then 200000 fighting men: the first whereof under the conduct of
Rhadaguisus
, was discomfited and cut in pieces by
Stilico
Lieutenant to
Honorius
the
Western
Emperour, at
Fesulæ
in the straits of the
Appennine
: the other by his treachery permitted to passe, sacked
Rome
, and subdued the most part of
Italy
, under the leading of
Alaricus
. He dying immediately after this great victory, left the fruits of it to his son
Athaulfus
, who marrying with
Galla Placidia
, the Emperours sister, relinquished
Italy
, and had all
Gaul Narbonnoise
, and a great part of
Hispania Tarraconensis
assigned unto him: where he erected the kingdome of the
WisiGothes
, or
Western Gothes
, possessed of
Spain
and
Tingitana
, for the space of 300 years, and upward, when they lost that kingdome to the
Moores
, as hath there been said. In the meane time the
Gothes
which were left in their owne countries, distinguished from these by the name of
Ostro-Gothes
by reason of their more
Eastern
situation, kept themselves in quiet, first subdued by the
Huns
, and when by
Wilamer
, freed from that subjection, not intermedling or attempting any thing against the Empire, till called by
Zeno
Emperour of
Constantinople
into
Italie
, against
Odoacer
and the
Heruli
, who had then subdued it. Which action they managed with so much prudence and good fortune by their King
Theodorick
, that they vanquished
Odoacer
, possessed
Italie
, and held it above 60 yeares, when broken in many set battels by
Belisarius
and
Narses
, Lieutenants for the Emperour
Justinian
, their Kingdome and name there came unto an end.
As for the Kings of the
Gothes
, we have a succession of them in
Jornandes
, from
Berig
, who first conducted them out of
Scandia
towards the East, till the going of
Theodorick
into
Italie
: but made up with so little
probalitie
, that I dare give no more credit to it then to the stories of
Brute, Dan, Fergus
, or the Lady
Scota Pharaohs
daughter.
Gothes
.
Such of whom there is any certaine knowledge and succession are these few that follow.
The KINGS of the
GOTHES
.
344 1
Athanaricus
king of the
Gothes
, in the time of
Constantius
and
Constans
the sons of
Constantine
the
Great
.
357 2
Alaricus
, the first of that name in the time of
Constantius
.
3
Phritigernes
King of the
Gothes
in the time of
Valens
, the first
Christian
Prince among the
Gothes
.
370 4
Athanaricus
II. in the time of the Emperours
Valens, Gratian
and
Valentinian
the second, under whom the
Gothes
were first setled on this side of the
Ister
.
379 5
Rhadaguisus
, who in the time of
Honorius
, first led the
Gothes
into
Italie
, slain at the battell of
Fesulæ
.
410 6
Alaricus
II. who pursuing the war of
Italy
, sacked
Rome
, subdued
Naples
, and the most of
Italy
.
412 7
Athaulfus
the son of
Alarick
the second, who first erected the Kingdom of the
Wisigothes
in
Gaul
and
Spain
, continuing there for the space of 300 yeares and upwards: the present Kings of
Spain
coming from his stock.
417 8
Athalaricus
King of the
Gothes
remaining in the East, at the departure of
Rhadaguise
and
Alaricus
distinguished from their plantations by the name of
Ostrogothes
: vanquished by
Attila
, they became subject to the
Huns
, in the time of
Theodosius
the second, and
Valentinian
the third, Emperour of the East and West.
9
Wilamir
, one of the bloud Royall of the
Gothes
, taking advantage of some quarrels amongst the sons of
Attila
, shooke off that yoke, and recovered the kingdom of the
Gothes
; in the time of the Emperour
Marcianus
.
10
Theodomir
son of
Winithar
, and brother of
Wilamir
in the time of
Leo
Emperour of
Constantinople
.
11
Theodorick
son of
Theodomir
, kept at
Constantinople
in his youth as a Pledge or
Hostage
for
his Father, where he was instructed in all the
Greeke
and
Roman
learning, and made the adopted son (as is said by
Scaliger
) of the Emperour
Zeno
: by whom he was sent into
Italy
against
Odoacer
and the
Heruli
erecting there the kingdome of the
Ostrogothes
, which continued till the reign of
Justinian
, when destroyed by
Belisarius
and
Narses
as before is said; the name of
Gothes
in
Italy
being thus extinct, but their bloud intermixt with the best
Italian
.
The summe of their whole story, for varieties sake take thus out of
Du Bartas
.
The warlike
Goth
which whilom issued forth
From the cold
frozen
Islands of the North,
Incamp'd by
Vistula
, but th'Air almost
Being there as cold as in the
Baltick
coast,
He with victorious Armes
Sclavonia
gaines,
The
Transilvanian
and
Valachian
plaines.
Then flies to
Thracia
, and then leaving
Greeks
,
Greedy of spoile, foure times he bravely seeks
To pluck from
Rome
, then
Mars
his Minion,
The plumes which she from all the world had won:
Guided by
Rhadaguise
, and
Alarick
,
Bold
Vindimarus
and
Theodorick
.
Thence flies to
France
; from whence expulst, his Legions
Rest ever since upon the
Spanish
Regions.
The Armes of these Kings are said to have been
Or
, three Ravens with displayed wings
Purple
, membred
Gules
. And let this suffice for the Originall, successes, and finall period of the
Gothes
; reserved by me unto this place, because most commonly conceived to be their originall countrey; at least the place out of which they issued, when they first moved towards the East to seeke new dwellings.
SWEDEN
.
SWEDEN
is bounded on the East with the
Bodner
Sea, on the West with the
Dofrine
hils, which part it from
Norwey
; on the North with
Lapland
, on the South with
Gotland
. So called from the
Suethans
or
Suethidi
, the old Inhabitants hereof, of whom more anon. A countrey sufficiently fruitfull, but for the goodnesse of the soil inferiour to
Gothland
, and not so well planted or inhabited as that is, by reason of the vast Woods which they will not suffer to be destroyed, and the greatnesse of some
marishes
hitherto undrained: but might be made as rich and fertile, if the people would, as appeareth by that plenty of corn growing amongst the Woods, though much hindered by their shade and thicknesse both from Sunne and raine.
Lapland
.
But for the
character
of this Countrey we had it formerly, when we spake of
Swethland
in the generall; relating specially to this as the principall part.
And as the largest and principall part of this great body it containes in it many Provinces, and subdivisions, as namely 1
Upland
, 2
Suderman
, 3
Noricia
, 4
Westman
, 5
Dalecarle
, 6
Wermelund
, 7
Copperdale
, 8
Gestricia
, 9
Helsingen
, 10
Middelphat
, 11
Angerman
, bordering on
Lapland
, the furthest of these Provinces towards the North. Many of which have no Townes or Cities of any greatnesse or beauty, the people living thin, and scattered, where they have
wood
for building,
pasturage
for their Beasts, and elbow roome enough for themselves and their Cattell. Of these the principall are 1
Upsal
, an
Archbishops
See, and an
Universitie
, situate not far from the Bay of
Bodner
: beautified with a large
Cathedrall
, wherein many of the antient Kings of
Swethland
are interred. From this City the Countrey hereabouts is styled
Archiepiscopatus Upsalensis
. 2
Holm
, by the Inhabitants called
Stockholm
, by the
Russians Stecolne
, the Royall seat of the Kings, a noted and well traded Port, and the chief of the kingdome: exceeding strong both by Art and Nature, as being situate in the
Marishes
like
Venice
, at the mouth of the
Lake
, or River of
Meler
, the passage to it out of the
Bay
, being very narrow and by consequence easily defended, and yet so deep withall, that the greatest ships of burden may saile up to the City: the Port within the Strait being so safe and capacious, that it is able to receive at one time 300 sail, which usually ride there without any
Anchour
. The Castle of this City is conceived to be one of the strongest holds in the world, fortified for the more assurance of it with 400 brasse peeces, many of which are double
Canons
. 3
Nicopen
, a Sea town on the same
Bay
also. These three are in that part hereof which is called
Upland
. Then there is 4
Strengnes
, an
Episcopall
See; and 5
Telge
, on the lake of
Meler
, in the Province of
Suderman
; the title and estate of
Charles
father of
Gustavus Adolphus
late King of
Sweden
, before his getting of the Crown called Duke of
Suderman
. Next in the Province of
Westman
, there are 6
Arbogen
, on the West side of the said
Lake
of
Meler
; and 7
Arose
, rich in
silver mines
; out of which are made the best
Dollars
of
Sweden
: the mines here being so rich and profitable, that out of every fifteen pound weight of
silver
, the workmen draw a pound weight of
gold
. 8
Helsinge
, upon the Bay of
Bodner
in the Province of
Helsingen
, taking name from hence. 9
Ozebo
, or
Ourbou
, a strong piece in
Nerisia
; and 10
Lesinger
, on the Bay of
Bodner
, one of the furthest North of
Sweden
, distinctly and specially so called.
LAPLAND
.
LAPLAND
, the most Northern part of all
Scandia
, hath on the East
Russia
, on the West the Province or
Prefecture
of
Wardhuys
, in the kingdome of
Norwey
; on the North the main
frozen
Ocean, and on the South
Bodia
or
Bodden
on both sides of the
Bay
so called.
It is named thus originally from the
Lappi
or
Lappones
, the Inhabitants of it; as they are from their blockish behaviour; the word
Lappon
signifying the same with
ineptus
or
insulfus
in
Latine
, for such they are: rude, barbarous, and without the knowledge of
Arts
or
Letters
, as also without corn and houses, or any certain habitations, (except onely in
Finmarch
) feeding for the most part on fish, and the flesh of wild beasts, with the skins whereof sowed together they hide their nakednesse. Generally they are meer
Idolaters
, giving divine honour all day following to that living creature whatsoever it be, which they see at their first setting out in the morning:
selling winds to mariners
great
Sorcerers
, and abhorring the sight of strangers, whom till of late they used to flee from, at their first approach; but within few yeares past beginning to be more sociable and familiar. In a word, they are the true descendants of the Antient
Finni
(possessed in old times of all that tract which lyeth betweene the Bay of
Finland
and the
Frozen
Ocean) whose naturall rudenesse and barbaritie, unmixt with the conditions of more civill people, they doe still retain.
It is divided into the
Eastern
and the
Western Lapland
. The former appertaining to the
Knez
or
Great Duke
of
Muscovie
, by which people the Inhabitants are called
Dikiloppi
, or the
wild Lappians
; is subdivided into
Biarmia
and
Corelia
, of which if there be any thing in them worth taking notice of, wee shall there speake more. The latter doth belong to the Crown of
Sweden
, subdivided into 2 parts also, that is to say,
Finmarch
, and 2
Scricfinnia
.
1
FINMARCH
, being that part hereof which lyeth next to
Norwey
, is the more populous of the two, the people for the most part
idolatrous
, but by the neighbourhood of the
Norwegians
, and resort of strangers unto
Wardhuys
, and the parts adjoining, somewhat
civilized
; and in the borders of both kingdoms savouring of
Religion
, possessed of
sheds
or sorry houses, & those house reduced to parishes, under the jurisdiction of the Archbishop of
Upsal
, the chiefe of which, (if there be any chief amongst them) are named 1
Samman
, and 2
Hielso
. Called
Finmarch
, as the antient bounds and
Marches
of the
Finni
(of whom more anon) and therefore erroneously by
Maginus
made a part of the kingdom of
Norwey
.
2
SCRICFINNIA
lyeth between
Finmarch
and
Russia
, the name derived from the
Finni
, a great people of
Scandia
, and
Scriken
a
Dutch
word signifying
leaping, sliding
or bounding, for such is their gate. An
etymologie
not much improbable, in that the
wooden-soled shoes
with sharp bottomes, which they used for their more speedy
sliding
over the yce, of which this countrey is full, are by the
Germans
(who also use them) called
Skates.
Scrikeshoenen
, or sliding-shoes. The ancient Writers call this people
Scrictofinni
.
Finland
.
These are indeed the naturall and proper
Laplanders
; and unto these the former
character
doth of right belong. Of stature very low, little more then
Pigmeys
, but strong and active, well skilled in
Archerie
, and patient of cold and labour. Much given to hunting of wild beasts whom they kill with their bowes, devoure the flesh, and cloath themselves with their skins, which they tie at the top of their heads, and leave no place open but for the sight, giving thereby occasion unto some to write, that they are
hairie
all over like kine or horses. Such
Deere
(whereof they have great plenty) as they take unkilled, they make to draw in little
carts
, as they shift their
Quarters
. But having served them for a while they are killed at last, though perhaps for nothing but their skinnes; a certaine number of which they pay yeerly to the King of
Sweden
in the way of
tribute
. Three companies of these
Laplanders
, so clad and armed as aforesaid, came into
Germanie
in the year 1630 to serve
Gustavus
in those wars; looked on with admiration by all
spectators
.
Townes we must look for none here, where no houses be: and yet there are some
sheds
and
cabbins
on the Sea shore; which
Mariners
having made for their refreshment when they came on land, have bestowed some names on, and possibly in time may become good townes, now not worth the naming.
BODIA
.
BODIA, BODEN
, or
BODNER
, is situate on the South of
Scricfinnia
, betwixt it and the Bay or
Gulfe
hence named; extending southwards on the West side of it till it joines to
Sweden
, and on the East side till it meet with the Province of
Finland
. Hence the division of this countrey, into the
Eastern, Northern
, and
Western Bodden
; with reference to the situation of it on the Bay aforesaid. The countrey not very plentifull of grain or fruites, but full of great variety of wilde beasts, whose
rich skins
yeeld great profit unto the Inhabitants; and by reason of the commodious situation on all sides of the
Bay
, well stored with Fish. Antiently it was part of the possessions of the
Finni
, but how or whence it had the name of
Bodia
, or
Bodden
, or
Bodner
, I am yet to learn. But whence soever it had the name, certain I am, that from hence the
Gulfe
adjoining, is called
Sinus Bodicus
,
Bodner Zee
, by the
Dutch
or
Germans
.
Chief Townes here in are 1
Barkara
, in
West Bodden
betwixt the Bay and a great navigable lake; 2
Gernia
, a well traded
Emporie
at the very bottom of the Bay in
North Bodden
; 3
Helsingeliac
, more North then that, towards the borders of
Lapland
, and 4
Korldby
, in
East Bodden
, on the bank of the Gulfe, conveniently seated for a town of Trade.
3.
FINLAND
.
FINLAND
hath on the North,
Bodia
; on the South, the
Baltick
Sea, or
Mare Suevicum
: on the East,
Sinus Finnicus
; on the West,
Sinus Bodicus
. It is by
Munster
thought to be called
Finland, quasi
fine land;
quod pulchrior & amanior sit Suecia
, because it is a more
fine
and pleasing countrey than
Sweden
it selfe. But indeed it is so called from the
Finni
, or
Fenni
; a potent Nation who have here dwelt; whose character is thus framed by
Tacitus
:
Finnis
mira feritas, fœda paupertas, non arma, non equi, no penates, victui herbæ, vestitui pelles, cubile humus, sola in sagittis spes.
The
Finnes
, saith he, are wonderfully barbarous, miserably poore, without Armes, Horse, or Household Goods: Herbs their food, the ground their bed, and the skins of beasts their best apparell, armed onely with their Arrowes, and in them their hopes. A Character which agreeth every way with our present
Finlanders
, especially those of
Scricfinnia
, and some parts of
Finmarchia
, who are not so well reclaimed to
civility
, as the other are; but very different from that which
Jornandes
gives them, who living within 400 yeares after
Tacitus
, before they had much (if any) entercourse with forein Nations, telleth us of them that they were
Scanziæ Cultoribus omnibus mitiores
, more tractable and civill then any of the Inhabitants of
Scandia
, not excepting the
Suethidi
themselves. If so, they did deserve to live in so good a Countrey, more plentifull and plaine then Sweden, and neither so hilly nor so moorish.
The principall places in it are 1.
Abo
, an
Archbishops
See, situate on the most Southern point of it, shooting into the
Baltick
. 2
Wiburg
, a
Bishops
See also, whose jurisdiction for the most part is without this Province, on some part of
Russia
; all
Finland
being in the
Diocese
of the Bishop of
Abo
. A town conveniently seated at the bottome of the Bay or Gulfe of
Finland
(called
Sinus Finnicus
in
Latine
) which divides this Countrey from
Livonia
: well fortified as the chief Bulwarke of this Kingdome against the
Moscovite
; and so well garrisoned withall, that the keeping of this town, and
Rivallia
in the borders of
Liefland
, doe cost the king of
Sweden
100000 Dollars yearly. 3.
Udden
, on a point or
Promontorie
of the same
Gulfe
opposite to
Narve
, another Garrison of this king, in
Liefland
. 4.
Verma
upon the
Bodner Zee
, 5
Cronaburg
, more within the land, at the efflux of a River out of the Lake called
Puente
, 6
Deckala
, on the banks of the great Lake called
Hosela
. 7
Varta
, more northwards towards
Lapland
: of which last four I finde not any thing ovservable in the way of story.
6
The SWEDISH ISLANDS.
And now at last I come to the
Swedish Islands
, here and there interspersed in the
Baltick
Seas, betwixt the Isle of
Bornholm
which belongs to
Denmark
, and
Liefland
or
Livonia
, appertaining to the King of
Poland
; the principall of which are 1.
Gothia
, or the Isle of
Gothland
, and 2
Insulæ Ulandæ
, or the Isles of
Oelandt
.
1.
GOTHIA
, or the Isle of
GOTHLAND
, is situate over against
Colmar
, a strong town in the Continent of
Gothland
; in length 18
Dutch
miles, and five in breadth. Of a rich soile, but more fit for pasturage then tillage, yeelding great heards of Cattell, store of game for hunting, plenty of fish, excellent marble, and aboundance of pitch, which it sends forth to other Countreys. There are in it 18 large and wealthy Villages; besides the Haven town of
Wisbich
, heretofore rich, and of very
great
trading, as much frequented by the
Merchant
as most in
Europe
, but now much decayed, and neither so well peopled, nor so rich as formerly. The trade removed hither from
Wollin
of
Pomerania
(destroyed by
Waldemar
the first of
Denmark
,
anno
1170) made it flourish mightily: the greatest traffick of the
Baltick
being managed here: but after that by reason of the long and continuall wars betwixt
Denmark
and
Swethland
for the possession of this Isle, it became unsafe; the
Factorie
was transferred unto other places. For being conveniently seated to annoy the
Swedes
, the
Danes
have much contended for it, and sometimes possessed it; but at the present is in the hand of the
Swethlander
. By some conceived to be the
Eningia
spoken of by
Pliny
.
2
OELAND
, or this Isles of
Ulandt
, so called in the plurall number because there are many of them, of which this the principall, is situate over against
Abo
, the chief City of
Finland
. Of no great note, but that it is commodiously seated to invade or annoy this kingdome; and therefore very well fortified, and as strongly garrisoned: here being the good towns of 1
Viburg
, 2
Vames
, and 3 the strong Castle of
Castrolm
.
Besides which Countreys here described, the King of
Sweden
is possessed of the strong townes of
Narve
and
Rivallia
, and
Pernow
in
Liefland
; of
Kexholm
or
Hexholm
in
Corelia
, a Province of
Russia
; with very fair and ample territories appertaining to them: subdued and added to this Crown by
John
the second,
anno
1581. except
Rivallia
, which voluntarily submitted to
Ericus
the second King of this present Race,
anno
1561. But being these Townes and Territories are not within the bounds of
Swethland
; we shall deferre further all discourse thereof, to a place more proper.
The first Inhabitants of this kingdome, besides the
Gothes
and
Finni
, spoken of already, were the
Sitones
, and
Suiones
, mentioned in
Tacitus
; together with the
Phavonæ
, the
Phiræsi
, and the
Levoni
, whom we finde in
Ptolemie
, placed by him in the East and middle of this great
Peninsula
. Which being the generall names of some mighty Nations, are by
Jornandes
branched into lesser tribes, of the
Suethans, Theustad, Vagoth, Bergio, Hallin, Liothida, Athelnil, Gaurigoth, Raumaricæ, Rauragnicii, Grannii, Aganziæ, Unixæ, Arochitamii, Enageræ, Othingi
, and divers others by him named. But from what root the name of
Sweden, Swedes
, or
Swethland
, by which the chief Province of it, the people generally, and the whole kingdome is now called, is not yet agreed on, nor spoken of at all by
Munster
or
Crantzius
, which two, (but specially the last) have written purposely of this people.
Gaspar Peucerus
deriveth them from the
Suevi
, who antiently inhabited in the North parts of
Germanie
beyond the
Albis
; from whom the
Baltick
sea was called
Mare Suevicum
: which people hee conceiveth to have beene driven by the
Gothes
and
Daci
into this countrey, and by the change of one letter onely to be called
Sueci
. But this hath no good ground to stand on, though I meet with many others which are more improbable. For when they left those colder countreys, they fell into these parts which are still called
Suevia
(the
Schwaben
of the modern
Dutch
) where we finde them in the time of
Cæsar
. And after,
in fatali illa gentium commigratione
, when almost all the Northern Nations did shift their seats, we finde such of them as had staid behinde, to have accompanied the
Vandals
, in their on-fals into
Gaul
and
Spain
. Of any expedition of theirs crosse the
Baltick
seas,
ne gry quidem
, nothing to be found in more antient Authors. We must therefore reserve the originall of this people either to the
Suiones
, or the
Suethidi
, or perhaps to both: both being antiently setled in these Northern Regions. Of the
Suiones
wee read in the booke of
Tacitus
inscribed
De moribus Germanorum
; by whom reported to be strong in men, armour and shipping: and that they were inhabitants of
Scandia
, appeares by two circumstances in that Authour. 1 That the people were not permitted to weare weapons,
quia subitos hostium incursus prohibet Oceanus
, because the Ocean was to them a sufficient Rampart; which could not be affirmed of the antient
Suevians
, but agreeth very well with the situation of this present Countrey, defended by the
Baltick
, and vast Northern Ocean, from the sudden assaults of any enemy. 2. Because the Sea which hemmed in that people was conceived to be the utmost bound of the World;
trans
Suiones
mare aliud, quo cingi claudique terrarum orbis finis
, as his words there are: which wee know to hold good of this Countrey. Adde unto these this passage of the old Annals of the Emperour
Lewis
the second, where it is told us of the
Danes, relicta patria apud
Suiones
exulabant
, that they were banished into the countrey of the
Suiones
, which cannot so well be understood of any place as of this
Sweden
; being next neighbour unto
Denmark
. And 4 that this people both by
Munster
and
Crantzius
, are as well called
Suiones
as
Sueci
or
Suedi
: which sheweth what they conceived of their true Originall. Then for the
Suethans
or the
Suethidi
, whom
Jornandes
speaks of in his book
De rebus Geticis
, they are by him placed in the Isle of
Scandia
(for such this great
Peninsula
was esteemed to be by most antient writers.) Now that these
Suethidi
are no other then the present
Swethlanders
appeareth 1. by the propinquity of the names; 2 In that he maketh the
Finni
and
Finnaithæ
, the next neighbours to them; and 3 in that they are affirmed by the same Authour, to have furnished the
Romans
with rich Furs, and the skins of wilde Beasts, with which commodities this countrey is aboundantly well stored. Now to which of these two Nations, either the
Suiones
or the
Suethidi
, those of
Sweden
are most endebted for their originall, will (I conceive) be no great controversie: the
Suethans
, and
Suethidi
of
Jornandes
, being no other then a tribe of the
Suiones
, though the greatest and most powerfull of all those
tribes
: placed therefore in the front to command the rest, and so most like to give the name unto the whole.
Their government was antiently under Kings, affirmed so to be by
Tacitus
, who telleth us also that they were absolute and free,
nullis exceptionibus, non precario jure regnandi
, not bound in
Covenant
with their people, nor holding their Estates at the will of the Subject. But their
Historians
have gone for
Antiquity
hereof beyond the story of
Brute
or the
Trojan
warre, (beyond which very few of that strain have dared to pretend) as high as unto
Magog
the son of
Japhet
; reigning here within 90 years after the flood. But letting passe these dreams and dotages of the
Monkish
times, certain it is, that sometimes they were under the
Danes
, sometimes under the
Norwegians
, sometimes had distinct Kings of their owne, and finally sometimes were comprehended with the
Danes
and
Norwegians
, under the generall name of
Normans
, conducted by one King or Captain upon forain actions. Omitting therefore the succession of their former kings, of whose very being there is cause to make great question; we will begin our Catalogue of them with
Jermanicus
, wo entertained
Harald
King of
Denmark
, and his brother
Regenfride
, driven out of that kingdome by
Gottricus
or
Godfrey
, the Contemporary of
Charlemagne
, of whose successours
Munster
giveth us more certainty.
The KINGS of
SWEDEN
.
1
Jermanicus
.
2
Frotho
.
3
Herotus
.
4
Sorlus
.
5
Biornus
.
6
Wichsertus
.
7
Ericus
.
8
Ostenus
.
9.
Sturbiornus
.
10.
Ericus
II.
11
Olaus
.
12
Edmundus
.
13.
Stinkalis
.
14
Halstenus
.
15
Animander
.
16
Aquinus
.
17.
Magnus
.
1150 18
Sherco
13.
1160 19
Carolus
8.
1168 20
Canutus
54.
1222 21
Ericus
III. 27.
1249 22
Bingerius
2.
1251 23
Waldemarus
26.
1277 24
Magnus
II. 13.
1290 25
Birgerius
II. 23.
1313 26
Magnus
III. son to
Ericus
the brother of
Byrgerius
was also chosen King of
Norwey
.
1326 27
Magnus
IV. King of
Sweden
and
Norwey
, which last he gave in his life time to
Hayvin
or
Aquinus
his second son, and after the death of
Ericus
his eldest son (his designed successour in this Crown) was outed of this kingdome by the practise of
1463 28
Albert
Duke of
Mecklenburg
, son of
Euphemia
the sister of
Magnus
the fourth; to the prejudice of
Aquinus
king of
Denmark
and
Norwey
, made King of
Sweden
, on that quarrell vanquished by
Margaret
Queen of
Denmark
and
Norwey
, widow of
Aquinus
,
anno
1387. to whom desirous of liberty he resigned his Kingdom, and dyed in his own countrey,
anno
1407.
1387 29
Margaret
Queen of
Denmark, Sweden
, and
Norwey
, the
Semiramis
of
Germany
, having united the three Kingdomes under her command, caused an Act of State to be passed in
Colmar
, a chiefe town of
Swethland
, for the perpetuation of this union unto her successours; the Lawes and Priviledges of each Kingdome continuing as before they were.
1411 30
Ericus
IV. Duke of
Pomeren
, adopted by Margaret, of whose sister
Ingelburgis
he was descended, was in her life time chosen King of the three Kingdomes, into which he succeeds actually after her decease; but outed of them all by a strong faction raised against him,
anno
1439, he dyed in a private estate in
Pomeren,
anno
1559.
1439 31
Christopher
Count
Palatine
and Duke of
Bavier
(in title only) son of the Lady
Margaret
sister of
Ericus
succeeded in all three Kingdomes. After whose death the
Swethlanders
being weary of the
Danish
Government, broke the agreement made at
Colmar
for the uniting of the three Kingdomes under one Prince, and chose one
Carolus Canutus
to be their King,
anno
1448.
1448 32
Carolus Canutus
, one of the meanest of the Nobility, and not long pleasing to the great ones: whose displeasure when he had incurred and feared the consequents thereof, hee gathereth together all the treasure he could, fled unto
Dantzick
, and there ended his dayes.
1455 33
Christiern
King of
Denmark
and
Norwey
, called in by a party of the
Swedes
, and crowned King of
Swethland
; but outed againe under colour that he had not kept conditions with them: the kingdome governed after that (for a time) by Marshals.
1458 34
John
King of
Denmark
and
Norwey
, the sonne of
Christiern
, received king by the
Swedes
, then overpowered by the
Muscovite
: but their turne being served they expelled him againe; returning to their former government under Marshals. Of which Marshals (descended from
Steno Stur
, the Uncle of
Carolus Canutus
by his Mothers side) there were three in number;
viz. Steno
, 2
Suanto
, and 3
Steno Stur
the second, of which the two first dyed naturall deaths, and the last being by
Christiern
the second slaine in battell, this kingdom was again possessed by the
Danes
.
1519 35
Christiern
II. King of all three kingdome, used his victory so cruelly here, and his subjects so insolently at home; that here he was outed by
Gustavus Ericus
, and driven out of
Denmark
by his Uncle
Frederick
.
1523 36
Gustavus Ericus
descended from the antient race of the kings of
Sweden
, having vanquished and expelled the
Danes
, was on the merit of that action chosen king of
Swethland
; which still continueth in his house.
1561 37
Ericus
V. sonne to
Gustavus
8.
1569 38
John
II. brother of
Ericus
, marryed
Catharine
the sister of
Sigismund
the second, king of
Poland
.
1593 39
Sigismund
the sonne of
John
the second, in the life time of his Father chosen king of
Poland,
anno
1586. but was dispossessed of the Crown of
Sweden
, (after a long warre) by his Uncle
Charles
.
1607 40
Charles
II. Duke of
Suderman
, the youngest son of
Gustavus Ericus
, and brother of
John
and
Eric
, the two former Kings, first governed here as Viceroy for his Nephew
Sigismund
; but having an aime upon the Crowne (to which he found the
Lutherans
not very favourable) hee raised up a
Calvinian
partie within that
Realm
, according to whose
principles
he began first to with draw his obedience from his naturall Prince, and afterwards to assume the Government to himselfe: speeding so well in his designe, that after a long war he forced his Nephew to desist from all further enterprises, and made himself king,
anno
1607.
1611 41
Gustavus Adolphus
sonne of
Charles
having setled his affaires in
Sweden
, and made peace with the king of
Denmarke
, with whom his father was in warre at the time of his death; fell first upon his Cousin
Sigismund
the King of
Poland
, from whom hee tooke many places of importance in
Prussia
and
Livonia
, and in pursuance of that warre was made Knight of the Garter. Afterwards having setled a truce with him, hee passed into
Germanie
, then in great danger of being absolutely inthralled to the house of
Austria
. In which hee prospered so beyond all expectation, that in one yeare hee passed over the
Elb
, the
Rhene
, and the
Danow
(which no Conquerour ever did before): and having twice vanquished the
Imperialists
led by
Tilly
, and restored many of the
German
Princes unto their estates; was in the current of his victories slaine in the battell of
Lutzen, Novemb.
1632. his body royally conveyed to
Swethland
and there interred.
1632 42
Christina
sole daughter of
Gustavus
, of the age of seven yeares, acknowledged Queen of
Sweden
; the estate governed by the Counsails of the Nobility. After a long warre with variable successe in
Germanie
, they came at last to this Accord in the treaty of
Munster
, that shee and her successours Kings and Queens of
Swethland
, should peaceably enjoy all the
Higher Pomeren
, with the Isles of
Rugia, Wollin
, and the Towne of
Stetin
in
Lower Pomerland
; the Towne and Port of
Wismar
in the Dukedome of
Mecklenburg
; and the whole Bishoprick of
Bremen
and
Verden
, and the
Prefecture
of the Towne of
Wilchusen
; with the title of Dukes of
Bremen, Pomeren
, and
Verden
, Princes of
Rugia
, and Lords of
Wismar
; and by those titles have a place, as
Princes
of the Empire, in all
Diets
and Assemblies which concerne the publick. By which agreement (if it hold) the
Swedes
have not onely got a good footing in
Germanie
, a strong influence upon all the Counsels of the
Empire
, a dore open for more forces (if occasion bee) and a free passage into the
Western Ocean
, which before they wanted: but may in time prove absolute Masters of the
Baltick
sea, and make the
Hamburgers
, those of
Lubeck
, and possibly the Kings of
Denmark
and the Empire it selfe, be at their devotion.
But leaving these things to the doubtfull issue of
contingencie
, let us next looke upon the
forces
and
Revenues
of the Crowne of
Sweden
, before the time of
Gustavus Adolphus
, or as hee found it at his succession to that Crowne. For though the
Swedes
pretend their Kingdome to be
elective
, especially since the failing of the Royall line in
Magnus
the fourth and
Albert
of
Mecklenbourg
; yet still the eldest son, or next heir succeedeth, unlesse put by, by faction and strong hand, as in the case of
Sigismund
, and his Uncle
Charles
. Which
Charles
so ordered his affaires that having engaged the kingdome in a warre against his
Nephew
, hee was sollicited at the last to accept of the Crowne: to which he would by no meanes yeeld till a Law was made for the entailing of the same for ever unto his posterity, whether male or female, as an
Hereditary
Crown. But whether
Hereditary
or
Elective
, the King once setled in the Throne is an
absolute Monarch
: having not onely power to
levie taxes
on his subjects, as hee seeth occasion, as five, six, seven, eight
dollars
, or more yearely, upon every housholder, according to the
Proportion
of his estate; but also to
grant
a certaine number of
Paisants
unto such as hee meanes to favour, to bee as
subjects
and
vassals
to him, according to his well deserving. And whereas in the
constitution
of this
every
Parish
hath a
Landsman
or
Consul
to decide the controversies of the same; as every
Territorie
hath its
Vicount
and each
Province
his
Lamen
: there lyeth an
Appeal
from the
Landsman
unto the
Vicount
, and from the
Vicount
to the
Lamen
; who if they bee supposed not to judge uprightly, then the
Appeale
lies unto the
Counsell
, and from the
Counsell
of
Estate
to the
King
himselfe, (in whom is fixed the
Soveraignty
and
DERNIER RESORT
) and not unto the
King
and
Counsell
, as before in
Denmark
.
The
Forces
of this King are either by Sea, or Land. By Sea, hee is Commander wholly of
Bodner
, and hath a great power in all the rest of the
Baltick
: being able to set out 70 good
Men of Warre
; as
John
the second did in the yeare 1578. seven of which were good
Gallions
; and all the rest did carry above 50 cast peeces of all sorts; besides many other good Vessels fit for service. And if a
Navie
of this size will not serve the turne, hee is not onely furnished with timber, cordage, and all other necessaries for the building of Ships, and with good store of
Ordinance
and Ammunition for present use; but is able to raise upon a sudden 6000 Mariners, and upon little warning as many more: all which hee entertaineth at no other charges in a manner then to finde them victuals, insomuch as
John
the second before mentioned did use to say, that that
which cost the King of
Spaine
a Million of Crownes, cost not him
100000
Dollars
.
For his
Land-forces
, they may best be estimated by the
Trained Bands
, (as wee may call them) in every Province: there being in all 32
Vexilles
(or Ensignes) of
Foot
constantly trained and mustered in the severall Provinces; each
Vexille
comprehending 600 or 700 men, amounting in the totall to 20000 Foot, all in a manner
Musketiers
, ready to march whensoever the Kings occasion shall so require. And then for
Horse
there are eleven
Cornets
in continuall readinesse, for
Sweden
, and
Gothland
, and two for
Finland
, maintained at the charges of those Countries, to which the King may adde at his owne charges, as many more as hee pleaseth. And for an instance of what this King is able to doe, without putting his estates in hazard by drayning them too drye of men to make good his kingdome; wee finde that
John
the second in his Navie of 70 Ships spoken of before, had above 18000
Land-souldiers
, beside Mariners: And in the Army, which
Gustavus Adolphus
the late King brought into
Germanie
, there were mustered no fewer at one time then 12000
Horse
, and 34000 Foot, all
Finnes
, and
Swethlanders
. For the accommodating of which Armies with
Artillerie
, and the like Engines of war, it is thought that the kings hereof are masters of 8000 great peeces, for the most part brasse, with
Mortar
peeces and
Granadoes
in proportion to them.
But that which makes his
Land-forces
most considerable is their hardnesse in enduring the extremities of winde and weather, insomuch that it is usuall with them to stand
Centinell
a whole Winters night of 18 houres long without being
relieved
: their exact Discipline, and obedience to their Commanders, and finally their indefatigable industry in making their owne shoes, Apparrels, stockes for Muskets, and all other necessaries. Which doth not onely make them fit to endure any labour which is put upon them in the warres; but keepes them from idlenesse, and the pride of Mutinies, the ordinary effect in great Armies of sloth and ease. Nor doe they want incouragement on the Kings part neither; who first, gives to every souldier victuals, which hee accompts not in their pay, and that according to his obedience and desert; 2. If a souldier be taken Prisoner, him the King doth usually redeem at his owne charges: and 3 if a souldiers horse be slain under him, the King supplyeth him with another: which makes the souldiers (very sensible of such obligations) exceedingly conformable unto his commands, how dangerous soever they may seem to be.
Finally as for his
Revenues
they must needes bee great, there being foure wayes allowed him to amasse his treasures. First the
Revenues
of the Church, consisting before the
Reformation
of seven Bishopricks and sixty Monasteries, which enjoyed very great possessions; all seized on by
Gustavus Ericus
, and by him incorporate to the Crowne; excepting onely what is given back to maintaine the Bishops. 2
Mines
, which are here of all metalls in very great plenty, except of
Gold
and
Silver
, which they have more sparingly; the
tenth
whereof in all places belongs to the King, and yeelds him such a fair
Intrado
, that in the yeare 1578. the Kings part out of two or three
Mines
of
Copper
onely amounted to 30000
Dollars
. 3
Tenths
, out of all increase, as Rie, Wheat, Barley, Fish, Oxen, Skinnes, and the like commodities; the summe whereof though not certainly knowne (because the increase is so uncertaine) yet it was once computed that the
tenth
of the Oxen onely came in one yeare to 18000
Dollars
, besides provision for his houshold. 4 And lastly,
Customes
imposed on
Merchandise
, and paid in all his Haven Townes for all commodities
imported
, or
exported
of what sort soever. Besides all which hee hath his
Contributions
in all times of warre, power of imposing taxes (though moderately used) as his necessities require: and on the
marriage
of a
daughter
, the kingdome is to provide her portion, which of late times hath beene fixed at the certaine summe of 100000
Dollars
, besides Plate and
Moveables
. Out of which severall
Items
to summe up the
totall
, it was observed that in the yeare 1578. King
John
the second, (all charges ordinary and extraordinary being first deducted) did lay up in his Treasurie no lesse then 700000
Dollars
: which was a vast summe for those times, considering especially the great charge which the King had beene at that yeare, in fur nishing a Navie of 70 sayle, and raising 18000
Land-souldiers
, (besides Horse) for defence of his Realme against the
Danes
. And yet it is conceived by some knowing men that his
Revenues
would be much greater then they are, if hee did employ strangers to worke the
mines
, which the Natives doe not husband to the best advantage; and yet are fearfull to discover them to other Nations, upon some
jealousies
which they are naturally addicted to: or if hee would turne
Merchant
, and in his owne ships send out
Corn
and
Cordage
with Masts and Timber fit for building, and in them bring back salt and other necessaries, which his kingdome wants, setting them at a farre lesse price then now they goe at, and yet gaining very greatly by it too.
The Armes of this Kingdome are
Azure
, three Crownes,
Or
.
There are in
Swethland
Archbishops 2. Bishops 8. Universities but one, viz.
Upsal
.
And thus much for
SWETHLAND
.
GLOBE NOTES
Per
R. H.
1666.
NOTES UPON
Both Globes
Celestiall and Terrestiall.
First concerning the Celestiall GLOBE
.
It is the modell of Heaven, but chiefely of the eight sphere, wherein three things are to be observed in generall.
viz.
1.
Definition.
2.
Delineations.
3.
Use.
1.
The Definition
.
It is a sphericall body, having a poynt or center in the middest, from whence right lines being extended to the superficies they are all equall.
2. Delineations.
Which are these three,
1.
The Lines or Cyrcles
.
2.
The principall points
.
3
The Figures or Constellations
.
1. FIrst of the Lines or Circles, every of which are actually or intellectually divided into 360 equall parts called Degrees, the more principle whereof are these tenn, which make up the
Sphæra armillaris
, six whereof are great circles, as be all those which divide the Globe into two equall parts, or hemispheres, having the same center with the Globe; And the other foure are called smaller cyrcles, because they divide the Globe into two unequall parts or segments.
The 6 great cyrcles are these
.
1. The Horizon is that broad cyrcle upon the frame, this divideth the Globe into two hemispheres, the one which we see, is allwaies above the horizon, the other which we see not is below: And on the horizon are drawn divers cyrcles,
viz.
of the 12 Signes, and of the dayes of the Months, and the 32 winds.
2. The Meridian is the brasse cyrcle which standeth at right angles to the Horizon, and in which the Globe is hanged and turned about on its poles, which are the ends or extremity of the axis of the World, and upon the Meridian, is another little howre cyrcle fastened, with an index moving about upon the Pole.
3. The Equinoctiall is drawn upon the superficies of the Globe, in the middest between the two Poles of the World, and the degrees thereof are numbred with 10, 20, 30, &c. to 360.
4. The Ecliptick line, this cutteth the Equinoctiall in two poynts, and is divided into 12 Signes, each containing 30 degrees, and it passeth in the middest of the Zodiac, for the Zodiac is a broad cyrcle containing 16 degrees in breadth, and is the bounder of the 7 Planets.
5. The Equinoctiall Colure, this cutteth the Equinoctiall at right angles, in the two poynts where the Ecliptick passeth over the same Equinoctiall line, and so passeth through the Poles of the World.
6. The Solsticall Colure, this passeth through the Ecliptick where it toucheth both the Tropicks, and cutteth both the Equinoctial and Ecliptick at right Angles, and passeth through the Poles of the World, where also it cutteth the Equinoctial Coloure at right Angles.
The 4 lesser Cycles are
,
1. The two Tropicks, each being parallel to the Equinoctial, and about 23 degrees, and 31 from it. That which is toward the
North
Pole, is called the Tropick of Cancer; That which is toward the
South
Pole, is called the Tropick of Capricorne, and these are the bounders of the greatest Declination of the Sun.
2. The two Polar Cyrcles, these are so far distant fromt the Poles of the World, as the Tropicks are from the Equinoctial; That which is next the
North
Pole, is called the Artick Polar Cyrcle, and that which is next the
South
Pole, is called the Antartick Polar cyrcle.
There are moreover drawn upon this Globe divers other great Cyrcles passing by the beginning of the twelve Signes, cutting each other in two opposite points, and these with the Solstitial Coloure, divide the Globe into 12 equal parts, and these are called the Cyrcles of the Longitude of Stars.
Also through every point of the Meridian, there are small Cyrcles imagined to be drawn parallel to the Equinoctial, which are called the parallels of Declination of the Sunne and Stars.
Also the like small Cyrcles are imagined to be drawn parallel to the Horizon, and these are called Almicantars, or Cyrcles of Altitude.
The second thing noted in the Delineation, is the Points to be observed on the Globe
.
1. THe more principal are these,
viz.
The two Points on which the Globe is hanged and turned about within the Brazen Meridian, these represent the Poles of the World, from one of which to the other, there passeth a streight line through the Center of the Globe called the Axis of the World: where Note, that the two Poles of the World are the common Sections of all the Meridian Cyrcles.
2. The two Poles of the Ecliptick, which are the two points in which the six Cyrcles of Longitude of Stars do cross or cut each other, and is near about 23 degrees 30 minutes distant from the Poles of the World.
3. The points of Zenith and Nadir, the Zenith is that Point in the Heavens which is directly over our Head, and the Nadir, is on the contrary, directly under our Feet, these two are the Poles of the Horizon, being every where 90 degrees from it, and in these two points do all the Vertical or Azimuthal cyrcles meet or cut each other.
4. The points of
East
and
West, viz.
The two points where the Equinoctial cutteth the Horizon; these are also Diametrically opposite, and are the Poles of the Meridian being every where 90 degrees from it.
5. The two Equinoctial points of Aries and Libra, being two points where the Ecliptick cutteth the Equinoctial, and are Diametrically opposite, the former is called the vernal Equinoctial because the Sun coming to it, the spring beginneth; the other is called the Autumnal Equinoctial, because when the Sun cometh to it, the Autumn beginneth.
6. The two Solstitial points, being also diametrically opposite, are the two points on the Globe, where the Ecliptick toucheth the two Tropicks and the Ecliptick in their touch point,
viz.
in the beginning of Cancer and Capricorn, and these two are called Solstitial points, because the Sunne moving in the Ecliptick, near either of them, which is in
June
and
December
, it causeth the days to stand still a while, without a sensible lengthning or shortning.
Here is to be noted, that the Horizon and Meridian Cyrcles are said to be immoveable, because they are fixed to the same place; but all other cyrcles of the Sphear are said to be movable, because they being drawn upon the Surface of the Globe or Sphere, must needs move about with it in the Diurnal motion, yet other men denominate them by the contrary names.
The third thing observed in the Delineations, are the Figures drawn upon the Globe
.
THere hath been 48 Asterismes or Constellations observed of ancient time, and about them in this Globe are described certain Figures, not because there are any such Figures in the Heavens, but are only imagined there to give denomination to the Stars of the Firmament, and yet not to all the Stars, for they are
innumerable
, but onely to such as are most conspicuous, and whereof use may best be made, as occasion serveth.
There are 12 Constellations of the Zodiack, through which the Zodiack passeth, and these give Denomination to the 12 Signes of the Zodiack, in particular these with their number of Stars.
of old.
of late.
of old.
of late.
[aries]
13
21
[libra]
8
17
[taurus]
33
43
[scorpio]
21
16
[gemini]
18
25
[sagittarius]
32
14
[cancer]
9
15
[capricornus]
28
28
[leo]
27
40
[aquarius]
42
41
[virgo]
26
39
[pisces]
34
36
There hath been 21 Constellations observed on the
North
side of the Ecliptick, which are called the Northern Constellations, whose names and number of Stars here follow.
of old.
The little Bear
7
The great Bear
27
The Dragon
31
Cepheus
11
Bootes
22
The
Northern
Crown
8
Hercules
09
The Vulture Cadent
10
The Swan
17
Cassiopeia
13
Perseus
26
Auriga
14
Serpentarius
24
The Serpent
18
The Arrow or Dart
5
The Eagle
9
The Dolphin
10
The lesser Horse
4
Pegasus or great Horse
20
Andromeda
23
The
Northern
Triangle.
4
Antinous.
8
There are 15 Constellations on the
South
side of the Ecliptick, which are called the Sou thern Constellations, whose names and number of Stars here follow.
of old.
The Whale
22
Orion
38
The River Eridanus
34
The Hare
12
The great Dog
18
The lesser Dog
3
The Ship
45
Hydra
25
The Goblet
7
The Raven
7
The Centaur
37
The Wolf
19
The Altar
7
The Southern Crown
13
The South-fish.
12
Besides the number of the Stars noted in the former Constellations, the modern Astronomers have noted divers others, which were left
informes
by the Ancients, and put them into their proper Figures; as may be seen in some of the Globes put forth since noble
Ticho Brach
, namely,
Johannes Jansonius
, his small Globes of the Year 1620. And in
Petrus Plantius
his Globes of the Year 1625.
The new Constellations in North Latitude, are these
,
Berenices hair
14
The Bee
4
The River Jordan
21
Camelopardalis
18
The River Euphrates
13
The new Constellations in South Latitude are these
.
The lesser Crabb
4
The Unicorne
22
Moreover because the antient Astronomers lived all in North Latitude, they could not see the starrs which are neer the South pole, but they have been since discovered by such as have travailed that way, and are put into constellations, namely these,
The Dove
11
The Southern triangle
5
The
apous Indica
12
The Peacock
17
The Indian
12
The Crane
13
The
Toucan
8
The Hydrus
14
The Phenix
14
The Dorado
6
The Sea Swallow
7
The Camelion
8
The Crosse called
Crusero
6
The Flye
4
Besides the Constellations before named, there are some other appearances in the heavens, namely, the White broad cyrcle called
Via Lactea
, or milkie way: and two little clouds observed neer the South pole. Thus much of the Delineations, or things noted on the outside of the Celestiall Globe.
The third thing to be observed in Generall is the use of this Globe,
Which consisteth in these three things following.
viz.
The knowledge of the
1.
Motions
.
2.
Division
,
And Operation of the
3.
Propositions
.
In the first place of the motions which are also three in number,
viz.
1.
The
Diurnall
motion.
2.
The
Proper
motion.
3.
The
motion.
First concerning the Motions.
1. The
Diurnall
motion is made upon the Poles of the World, once about from East toward the West in 24 howres, and this is also called
motus raptus
, or the motion of the
primum mobile
.
2. The second motion is called the
annuall motion
, and is made within the
primum mobile
upon the Poles of the Ecliptick, according to the succession of the signes, which is contrary to that of the
primum mobile
, viz.
from West toward East, and this motion is called
Motus secundus
, or
Motus proprius
, because that every Spheare hath a motion proper to it self, As that of the Sunne [sun] finisheth once about
secundum seriem signorum
in the space of 12 months, which is called the Solar yeare, Also
Venus
, [venus], and Mercurie [mercury], are moved about the same way in the same time, But the Moon [moon] is moved about in one month, and the Month is of two sorts, for the time wherein the Moon [moon], departeth from any poynt of the Zodiack and returneth to it againe, is called the periodicall Month, or month of peragration, But the time wherein the Moon departeth from the Sunne [sun], and overtaketh him againe is called the month of Consecution, or Synodicall month.
this paragraph is printed on an inserted sheet in the original; the sequence of the text on p.15 is therefore not quite clear
3. The third Motion is called
Motus trepidationis
, or the trembling or tottering Motion, made by the eighth Sphere of fixed Stars, and all other inferior Orbs, from North to South, and again from South toward North, and so back and forward by the space of 24. Minutes of a degree. This is the cause of the alteration of the greatest declination of the Sun and other Planets. But concerning these internal Motions, more is to be found in reading of the Theoricks of the Planets.
Mars [mars] moveth through the Zodiack in about two Solar years, and that time is called the yeare of Mars [mars].
Jupiter [jupiter] is moved through the Zodiack in about 12 Solar years, and that time is called the yeare of Jupiter [jupiter].
Saturne [saturn] in about 30 years runneth through the Zodiack, and that time is called the yeare of Saturne [saturn].
The fixed Starrs, according to
Ptolomie
move about the Zodiack in 36000 Solar years; But according to the
Alphonsines
in 49000 years; And according to
Copernicus
in 17000 years; But
Gassendus
hath it 25000 years; And this time is called the great yeare, or
Platonicall
yeare.
Secondly concerning the Divisions
.
1. First it is called
Sphera recta
, or a right Sphere, because in such position, the Equinoctiall cutteth the Horizon at right sphericall angles. The properties of this sphere is to have the poles of the world ly in the horizon, and the Equinoctiall passeth through the Ze nith and Nadir; and in this sphere not only the Equinoctiall, but also both the Tropicks, and all other the Equinoctiall parallels, are divided into two equall parts by the right horizon, which causeth the dayes, and nights, at all times of the yeare to be equall,
viz.
12 howres long between Sun rising and setting without alteration, to those who live under the Equinoctiall line.
2. Secondly it is called
Sphæra obliqua
, whereof there are so many in number as there be degrees, minutes, seconds,
&c.
in a quadrant, And it is called oblique, because the Equinoctiall cutteth the horizon with an oblique angle; The properties of this sphere is to have one pole elevated above the horizon, and the other as far depressed; Also because in this sphere the Equinoctiall is divided equally by the horizon, and the parallels of the Equinoctiall unequally, therfore the days, and the nights are equall only twice a year,
viz.
in the beginning of the Spring, & Autumne, at which times the Sunne passeth over the first points of Aries [aries] and Libra [libra], but at all other times of the year, the days and nights are unequall.
3. It is called
Sphera parallela
or a parallel Sphere, because the Equinoctiall being the same with the Horizon, all the parallels of the Equinoctiall are
also
parallell to the Horizon; In this sphere, one of the poles of the World is the Zenith, and the other is the Nadir, and in this sphere the Sun continueth above the Horizon above halfe a yeare together, and again as long under the Horizon, whereby the artificiall day and night are each about half a year long.
Thirdly, now follow the propositions wrought by the Globe
.
1. To find the Suns place in the Ecliptick first find the day of the Month, upon the Horizon, and within upon the limb of the Horizon standeth the degree in which the Sun is, this you may apply to the Ecliptick upon the Globe.
To find the Suns Declination
.
2. First find the Suns place in the Ecliptick upon the Globe, and bring it to the brazen Meridian, and there account how many degrees it is distant from the Equinoctiall, for the declination of any point in the heavens is its Meridionall distance from the Equator.
The declination of any star upon the Globe, is found by bringing it to the brazen meridian and accounting as before.
To find the right ascention of the Sunne
.
3. Move the degree of the Ecliptick wherein the Sun is to the Meridian, and note the de gree of the Equinoctiall which cometh to the Meridian with it, for the arch of the Equinoctiall conteyned between that point and the first point of Aries [aries], is the right ascention, that is to say, it riseth with it in a right sphere.
The right ascention of a starr is to be accounted as before, if the starr be brought to the Meridian.
Of the Longitude as it is taken on the Celestiall Globe
.
4. The Longitude of the Sun, is that arch of the Ecliptick which is contained between the first point of Aries, and that point of the Ecliptick wherein the Sun [sun], is; But the Longitude of a Star
is
that arch of the Ecliptick which is contained between the first point of Aries, and the section of the Ecliptick with a great circle drawn from the pole of the Ecliptick through the center of the starr, being
reckoned
according to the succession of the signes.
Which to finde
,
Lay one end of the Quadrant of altitude upon the pole of the Ecliptick, and the graduated edge thereof, upon the center of the starr, and so it shall shew in the Ecliptick, the signe and degree of Longitude.
Of the Latitude as it is taken on the Celestiall Globe
.
5. It is accounted in a great cyrcle distance from the Ecliptick toward either Pole thereof, therefore the Sunn, or any starr being in the Ecliptick, hath no Latitude, but the Moon [moon], or any other Planet being not in the Dragons Head [ascnode], or Dragons taile [descnode], or other stars being not in the Ecliptick, are said to have Latitude so many degrees as they
be
distant from the Ecliptick toward either pole thereof.
Which to finde
,
Lay one end of the quadrant of altitude upon the pole of the Ecliptick, and the graduated edge thereof, upon the center of the starr, then may you see how many degrees thereof are contained between the starr and the Ecliptick, and that is the Latitude thereof.
But if you want the quadrant of Altitude then take a pair of compasses, and setting one point in the center of the starr, extend the other till in the neerest distance it touch the Ecliptick, and the compasses so opened and applied to the Equinoctiall, shall shew how many degrees the Latitude is.
Here note
,
That the declination and right ascention of the Sunn and Starrs, have respect to the Equinoctiall, but their Longitudes and Latitudes have respect to the Ecliptick.
To rectifie the Globe according to the Latitude of your place
.
6.
Elevate
the proper pole so farr above the horizon as the Latitude of the place proposed, by moving the pole of the Globe so high by help of the degrees of the meridian.
But to rectify for the Suns place is
.
7. After the former rectification, to bring the Suns place in the Ecliptick, to the meridian, turning up the index of the howre wheele to 12 at noon.
And to rectifie for the Zenith is
,
8. After the first rectification, to fasten the nutt or screw of the Quadrant of altitude at the Zenith, that is, so many degrees from the Equinoctiall as the Pole is elevated.
To find the Amplitude of the Sun or any star that riseth and setteth
.
9. The Amplitude is the horizontall distance of rising or setting from the true points of East and West, which to find rectify the Globe by the sixt Proposition according to the Latitude, and bring the degree of the Sun in the Ecliptick, or Center of the Starr to the horizon, and therein see how many degrees it is from the East or West.
To find what starrs do not set in any Latitude
.
10. By the sixt Prop. rectify according to the Latitude, and turning about the Globe mark what starrs passe between the elevated pole and the horizon, for those (if the North pole be elevated) are contained within the arctick circle and cannot set; for the arctick circle as heretofore it hath been taken, is drawn upon the North pole, through the north point of the Horizon.
To find the time when the Sunn or any Starr riseth or setteth
.
11. By the seaventh Prop. rectifie for the Sunns place, and move the degree of the Sun or center of the Starr to the East or West part of the horizon, and then the index of the hower wheel shall shew the time.
To find how the Constellations are scituate at any time of the Night
.
12. By the seaventh Prop. rectifie, for the Suns place, and move about the Globe till the index come to the howre desired, and there hold the Globe to shew the present scituation of the Constellations.
To find the Oblique ascention of the Sunn or any Starr that riseth and setteth
.
13. By the sixt Prop. rectifie for the Latitude, and bring the degree of the Sun, or center of the Star to the East part of the horizon, and observe the degree of the Equinoctiall which riseth with it, for the arch of the Equinoctiall contained between the first point of Aries [aries], and the point of the Equinoctiall so ascending is called the oblique ascention.
To find the Ascentionall difference of the Sun
[sun].
14. By the third Prop. find the right ascention, and again by the thirteenth prop. find the oblique ascention thereof, and subtract the lesser of them from the greater, and the remain is the difference of ascention: for the difference of ascention, is only the difference between the right & oblique ascentions: where note that the difference of ascention is an arch of the Æquinoctiall, and is alwaies the time of the Sunns rising before 6 and after 6, the time of the year being considered.
Hereby
.
15. To get the time of the Sun's rising to a minute of an howre; turn the ascentionall difference into time, allowing 15 gr. thereof to every howre, and to every degree 4 minuts of an howre; And if the Sun be in the Northern signes the ascentionall difference is the time of the Suns rising before 6 a clock, if in the Southern then after 6 a clock.
Again
.
16. Having the time of the Suns rising, before or after 6 a clock, you may get the length of the Artificiall day (that is, the time of the Sunns continuance above the horizon) If the Suns declination be North add it to 6, if South subtract it from 6, and so shall come forth the semidiurnall arch, this doubled giveth the length of the artificiall day; But if the length of the artificiall night be required, then work contrary to that of the day.
To find the time of the day by having the Altitude of the Sunn
.
17. First by a Quadrant or some other instrument find the Altitude of the Sunn above the horizon, and then by the 6, 7, and 8, prop. rectify the Globe for the Latitude, the Suns place, and the Zenith, and bring the degree of the Ecliptick wherein the Sunn is, to agree to the same Altitude upon the edge of the quadrant of altitude, and then the index of the howre wheele, shall shew the time of the day.
To find the Azimuth of the Sunn by having his Altitude
.
18. The Azimuth of the Sunn, is the distance thereof, accounted in the Horizon from East West,
north
or South; by the 6, 7 & 8, prop. rectify the Globe, and bring the Sunns place in the Ecliptick, to agree to the same Altitude on the graduated edge of the Quadrant of Altitude, and then the quadrant of Altitude shall shew his azimuth in the horizon.
To find the Azimuth of the Sun at any time of the Day
.
19, By the 6,
7
and 8 prop. rectify the Globe, and turne it about till the index of the howrewheele, do point to the howre given, then lay the quadrant of altitude upon the Suns place in the Ecliptick, and it sheweth the Azimuth in the Horizon.
At any time of the year, to find the time of Day break, or beginning of
Crepusculus
(if any be.)
20. By the 6, 7, & 8 prop. rectifie the globe and elevate the opposite degree of the Sun at the West 18 degrees above the horizon, and then the index of the howre wheel shall shew the time.
Having the altitude of any known Starr, to find the howre of the night
.
21. By the 6, 7, & 8 prop. rectifie the globe and move about the Globe till the starr have the given altitude in the graduated edge of the quadrant of altitude, & then shall the index of the howre wheele shew the howre required.
Having any known Starr at the Meridian to find the howre
.
22. By the 6, & 7 prop. rectifie the globe and turn the globe till the same starr come to the brasen meridian, so shall the index of the howre wheel shew the howre.
Of the Poeticall rising and setting of Starrs
. COSMICALL.
A Starr riseth Cosmicall when it riseth with the Sunn, and setteth Cosmicall, if it sett when the Sunn riseth.
To find the time of the yeare when a Starr riseth Cosmicall
23. By the 6 prop: rectify, and bring the starr to the East part of the Horizon, and observe the degree of the Ecliptick which is at the east part of the horizon with it, and then find in the circle of the horizon what day of the month answereth to the same degree of the Ecliptick.
To find the time of the year when a Starr setteth Cosmicall
.
24. By the 6 prop. rectifie and bring the starr to the West part of the horizon, and note the degree of the Ecliptick at the east part of the horizon, and find the day of the month on the horizon as before.
ACRONICALL.
A Starr riseth Acronicall, when it riseth in the East, and the Sunn is setting in the West; And it setteth Acronicall when it setteth with the Sunn.
To find the time of the year when a Starr riseth Acronicall
.
25. By the 6 prop. rectifie, and bring the starr to the east part of the horizon, and note the degree of the Ecliptick cut by the horizon at the West, and find the day of the month answering thereunto upon the horizon as before.
To find the time of the year when a Starr setteth Acronicall
.
26. By the sixt prop. rectifie and bring the Starr to the West part of the horizon, and note the degree of the Ecliptick cutt at the West of the horizon and find the day of the Month upon the Horizon as before.
Heliacall
.
Heliacall rising of a starr is the rising of a starr out of the Sun beams, for then it appeareth before the Sun rising, though before it could not be seen by reason of its neernes to the Sun being within the Arch of vision.
Heliacall setting is when a starr cometh within the Sun beams, or when a starr is entring into its arch of vision, and then cannot be seen setting after the Sunn, by reason of its neernes to the Sun.
The Arch of vision is the Arch of a verticall circle contained between the Horizon and the center of the Sun after it is sett, or before it riseth, this altereth according to the severall magnitudes of the starrs, for the greater the starr is, the lesse is the Arch of vision, and contrarie.
The Arches of Vision belonging to the Stars, according to their severall magnitudes are these
.
To the First
12
To the Planets
.
Second
13
Venus
5
Third
14
Mercurie
10
Fourth
15
Saturne
11
Fift
16
Jupiter
9
Sixt
17
Mars
12
2/3
Least
18
Moone
uncertain.
To find the time of the year when a starr riseth Heliacall
.
27. By the sixt Prop. rectifie, and bring the starr to the east part of the horizon, and note the degree of the Ecliptick elevated above the west part of the horizon acording to the arch of vision appertaining to the same starr, and then as before, find the day of the month on the limb of the Horizon, answering to the opposite degree of the Ecliptick so elevated at the west as aforesaid.
To find the time of the year when a Starr setteth Heliacall
.
28. By the sixt prop. rectify and bring the starr to the west part of the Horizon, and note the degree of the Ecliptick elevated at the east part of the horizon, according to the arch of vision belonging to the same star, & by the opposite of it find the day of the month on the limb of the horizon as before.
Description of the Terrestiall GLOBE.
IT is a round or sphericall body, representing the forme of the earth and waters.
On this Globe are also described the ten circles of the
sphæra
armillaris
, viz.
the
Horizon, Meridian, Equator, Ecliptick
, the two Colures
which
with the fower lesser circles,
viz.
the two Tropicks, and the two polar circles.
Besides these common circles there are described upon this Globe divers other circles passing through both poles of the World, these are called Meridians, or circles of Longitude; Also certain other circles parallel to the Equinocticall, called circles or parallels of
Longitude
Latitude
; Also certain oblique circular lines passing through the centers of certain roses (so called) and these are called Rhombs, Courses, or points of the compasse.
On this Globe are described the known parts of the World divided into severall quarters,
Europe, Asia, Africa
, and
America
, to which is added the unknown land about the South Pole called
Megalanica
. And these quarters of the World are subdivided into severall Kingdoms and Provinces, as may be seen in the
Geographers
.
The ZONES.
This Globe is also divided into five Zones, one is called the Torrid or burnt Zone, and this lyeth between the Tropicks, the inhabitants hereof are called
Amphiscii
, because they have two contrary meridionall shadows in a year.
Two are called temperate, and these lye between the Tropicks and the Polar circles; The inhabitants hereof are called
Heterescii
, because they have their Meridionall shadow one way all the yeare.
The two frigid Zones, are comprehended within the polar circles; The inhabitants whereof are called
Periscii
because their shadow at some time of the yeare goeth round about them.
The Inhabitants of the Terrestiall Globe, do also receive other names relating to their positions each to other
.
The
Antipodes
are such as dwell diametrically opposite each to other, & have all things contrary, as seasons of the yeare, and times of the day.
The
Antœci
are such as dwell so far remote from the Equinoctiall on one side, as the other dwelleth on the other side, both under the same Meridian.
These have some things common, and some things proper, the common, as to have their noon tides together: Proper as that the winter of the one, is the others Summer time, and the longest day of the one, is the shortest of the other.
The
Periæa
are such as live in the same parallel of Latitude toward the same Pole, and are directly opposite each to other, both having the same meridian, These have their Summers, Winters, and increase, and shortning of dayes and nights together, but the night of the one is the day of the other.
Parallels of the Longest day
.
Besides the parallels of Latitude formerly mentioned, there are other parallels immagined to be drawn upon this Globe, which are called parallels of the longest day: The first of them is to be drawn at that distance from the Equinoctiall, where the longest day of the year is 12 1/4 howres long: The second where the longest day of the yeare is 12 1/2 howres long: The third where the longest day of the year is 12 3/4 howres long, &c. through places increasing their longest day by 1/4 of an howre, till you come to the parallel where the longest day of the yeare is 24 howres long, which is under the polar cyrcles; these being drawn each way from the Equinoctiall toward each pole, divide the Globe into unequall parts or spaces, for though they be equall in time, yet they agree not in equall distance of place, but are greater or broader neer to the Equinoctiall, and are narrower the farther they are from it.
CLIMATS
.
A Climate containeth two of the parallels of the longest day, and altereth the longest day by the space of half an howre, beginning at the Equinoctiall, and are in all 24, which end under the polar circle; but the antients, for want of knowledge of the parts under the Equinoctiall made at first but seaven Climats, and called them by names, & afterwards were added two more, which made up their number to be nine. And these of the antients began to be accounted at 12 and 15[deg] from the Equator.
Propositions on the Terrestiall GLOBE. To find the Latitude of any place sett thereon
.
Bring the place to the brazen meridian, and therein account how many degrees are betwixt the Equinoctiall and the place, for that is the Latitude you seek; for the Latitude is but the remotion of the Zenith of a place frõ the equator.
To find the Longitude of a place set
thereon
.
Bring the place under the brasen meridian, and then the meridian shall cut the Equinoctiall in the Longitude of the same place; for the Longitude is but the remotion of a place from the first meridian which passeth through the Azores accounting Eastwardly.
To find the distance between two places
.
Put the center of the quadrant of altitude upon one of the places, and the graduated edge upon the other, & the degrees interjacent shall shew their distance in degrees, and these may be turned into miles by multiplying by 60.
To find how one place beareth or lyeth frõ another
.
Elevate the pole according to the Latitude of the place where you are, & fasten the quadrant of altitude at the Zenith, then bring the place where you are to the zenith, and move the graduated edge of the quadrant of altitude to the other place, and then the end of the quadrant of altitude shall fall upon the horizon in the point of bearing.
To find what howre of the day or night it is at any place on the Terrestiall Globe.
Bring the place where you are to the meridian, and turne the index of the howre wheel to the howre it is with you at the present, then turne the other place to the brasen meridian, and the index of the howre wheele will shew the howre desired.
To find by the Terrestiall Globe the quantity of the longest day at any place assigned.
Elevate the pole of the Globe according to the latitude of the place given, and bring the Solstitiall point of cancer (if the north pole be elevated) to the meridian, & turn the index of the howre wheel to 12 at noon, then if you put the Solstitiall point of Cancer to the west part of the horizon, the index on the howre wheel sheweth the time of Sun setting there, & that is also the semidiurnall arch, & being doubled giveth the length of the day, if it exceed not 24 howres, which end under the polar circle.
But if the place assigned be within the polar cyrcle, then elevate the pole
of
the globe according to the latitude of the place, & turn the globe till some point of the vernall signes in the Ecliptick touch the north point of the horizon & note how many degrees of the Ecliptick is from the Solstitiall point of Cancer, for that number doubled giveth neerly the length of the day in our common days, and these days may be turned into weeks or months, &c.
Finis.
A DISCOURSE OF BATHE, AND THE HOT WATERS There.
ALSO, Some Enquiries into the nature of the Water of St.
Vincent's
Rock, near
Bristol
; and that of
Castle-Cary
. To which is added, A Century of Observations, more fully declaring the Nature, Property, and distinction of the BATHS. WITH An Account of the Lives, and Character, of the Physicians of
Bathe
.
By
THO. GUIDOTT
, M.B. Physician There.
Virtute vincam Invidiam
.
LONDON
, Printed for
Henry Brome
at the
Gun
in St.
Paul's Church-yard
, the West end, 1676.
Librum hunc dignum judicamus qui Imprimatur
Geo. Ent,
Præses
.
D.
Whistler Censor.
CLARISSIMORUM MEDICORUM
LONDINENSIUM
COLLEGIO CELEBERRIMO SPECIATIM VERO EXCELLENTISSIMO VIRO D.D.
GEORGIO
ENT EQUITI AURATO PRÆSIDI DIGNISSIMO NEC NON SPECTATISSIMO IV. VIRATUI
D. D.
THOMÆ COX
D. D.
DANIELI WHISTLER
D. D.
HUMPHREDO BROOKES
D. D.
THOMÆ FRANCKLAND
,
CENSORIBUS DOCTISSIMIS RELIQUISQUE SOCIIS ERUDITIONE INGENIO SAGACITATE INSTRUCTISSIMIS HOC QUICQUID EST NOVI DE THERMARUM
BATHONIENSUM
NATURA ET VIRIBUS SUBMISSE OFFERT
T. G.
To the RIGHT WORSHIPFUL, And my Much Honoured Friend, Sr.
Edward Greaves
Baronet, Fellow of the Colledge OF PHYSICIANS in
London
, AND Physician in Ordinary TO HIS MAJESTY.
Honoured Sir
,
THE kind reception you were pleased to afford a small Paper of mine, that had lately the honour to have your Name prefixt, hath given this encouragement to present to your view, a further Collection of Experiments touching the same Subject, relating to the Waters of
Bathe
, a place you were pleased once to grace with your Practice, and still with your Favours, for which a more than ordinary respect is, in gratitude, your due.
Besides, Considering you have so far favoured my late Enquiries, as to assist me by your presence, and be an Eye-witness of some of the Experiments, and are a sufficient Judge of them all, I could not fix on any fitter than your self, and the Learned Body you have Relation to, to make this Address unto, or give the Trouble of this present Dedication.
It hath caus'd me sometimes not a little to admire, That the Metropolitan Waters of all
England
, (as I may term Them) to say no more, should lye 2000 years, and it may be much longer, in so narrow a Diocess; for the discovery I have made of many Things relating to Them, (of which in part here is some Account) that were never taken notice of by former Persons, and those few Writers that have Treated of Them, will Justifie the Expression.
The Principles formerly were accounted Sulphur, Copper, Iron, and a little Marcasite; of late, Bitumen, Nitre, and some Sulphur, which last I endeavour to Confirm, with the Addition of many more, which will partly Constitute, and partly evidence the Nature of these Waters: Besides the beneficial discovery of the Rational use of the Bath-waters in Potion, which hitherto having been but as a good Back-Sword, are now become a Single-Rapier, ready to save, and not destroy, unless ill manag'd by a distemper'd hand.
I confess I did not think to have appeared in this Dress, having designed, and in part compleated, as you know very well, something else, that would have better suited with my Condition, the Dignity of the Subject, and the Reputation of These Waters. But finding some hasty Chirurgion that hath already launced what I intended should have had a longer Time to digest, and expecting, as none but in reason must, the Pretences of many others, I found my self oblig'd to appear, though in a careless habit, and in a manner undrest, rather than too much to exercise the Patience, if not justly incur the Censure of those friends, whose kindness shall induce them to give me a Visit.
And although my Nature inclines me rather to a diffidence, than presumption on any thing that is my own, yet I must be so far confident as to believe, that the Existence of Nitre in the Waters of
Bathe
, so much question'd by some, and my particular Concern, is so fully establisht by the following Experiments, made with my own hands, as to keep those words upright in my late Letter to your self, wherein I assert it to be undeniable. And whoever shall take the pains to satisfie himself in that Particular, as I have done, and shall let me know wherein he is dissatisfied, and can convince me to the Contrary, whom I will assure he shall not find obstinate, he shall have the Honour, if that be any thing, of making me his Convert, (for I think my single Reputation a small Sacrifice on the Altar of Truth;) but if not, it will appear, which is no great matter on either hand, that some Body hath been mistaken.
However the Satisfaction is not little, nor the Omen bad, that I have already gained the Approbation of a Person so Judicious as your self, who have formerly taken pains on the same Account, and on which side soever the Scales shall turn, I have had this opportunity of doing something to oblige my Countrey, as well as acknowledg my self
Sir, Your most humble and faithful Servant,
Tho. Guidott
.
A PREFACE TO THE READER.
THat the Reader may be acquainted with the occasion, time, and manner of my making these Enquiries (which are not hasty conclusions, but the product of more mature consideration) I shall here premise something concerning that, and also discourse of, as more pertinent in this place, some other matters tending to the enlargement of the Reputation, and usefulness of the Waters.
Taking therefore into consideration the performances of some before me, and the attempts of others, in my time, which were not satisfactory, and having the advantages of a more retired nature, and constant residence on the place, with those Conveniencies which some others have not had, I thought it worth my while to employ my leisure hours in some Experiments on the Waters, which none had done before to any great purpose, the Waters having hitherto been rather admir'd than understood, if so I might give my own Curiosity satisfaction in that affair. And indeed, no vain glorious humour of desiring to be Popular, which I never affected, nor itch to have my Name in print, which hath been already sufficiently done by the kindness of my friends, and therefore needs not any labour of my own again, was the occasion of my entring on this undertaking; but observing the Bath-water was drank by some, and probably like to advance, I could not satisfie my self in advising my Patients to it, unless I had first made a particular search into what it did contain, it seeming as absurd to me to tell my friends that depended on my judgment for their health and preservation, they should drink the Bath-water, which I knew nothing of, as to advise them to the use of such Spirits, Pills, or any other Medicine, I was ignorant of the composition of, or had procured from others.
Had I found this done to my hand, I could well have dispensed with the confinement and risque this design hath occasion'd, and spent these hours I have done in my Study, as chearfully elsewhere, but finding little satisfaction in what had been before perform'd, I first made collection out of the best Mineral Authors, such as
Fallopius, Agricola, Baccius
, and others, what was the best way to obtain a Sediment out of any Water, and then how to know of what that sediment did consist, making application of this Theory to the Waters of this place.
Observing then the waies of gaining a Sediment to be chiefly four,
Evaporation, Distillation, Precipitation
, and
Insolation
, the last, as too laborious, I thought fit to wave, and resolved on the other three, Evaporating, precipitating, and distilling first small quantities of all the Baths, which gave me encouragement to proceed to greater.
Having obtained a Sediment, which I call the
Contents
of the Water, the very Notion of which was but lately a stranger here, I trusted not to my single judgment, but made it known to the best Physicians of my acquaintance, with whom I had Converse, particularly my ever honoured friend Sr.
Edward Greaves
, whose encouragement to this design hath not been little, and also addressed my self in writing to the very Ingenious and Eminent Doctor
Willis
(whose loss all Ingenious Philosophers and Physicians must lament, his many thoughts now dying with him) whose assistance I desired by Letter dated
1.Sept.--73
, in these words:
Sir,
THe Acquaintance I had the happiness to have with you formerly in
Oxon
, and the Civilities you have been pleased to confer on me since, with the readiness you have ever exprest of encouraging all ingenious Inquiries, have emboldened me to give you this Interruption. The desire also I understand you have expressed to Mr.
Robert Chapman
an Apothecary of this City, of a better account of the Contents of these Waters, which hath hitherto I know not how, been too much neglected, and concerning which I have of late made some Experiments, hath further encouraged me only at present to acquaint you, that about
Michaelmas
next, God willing, I shall have a conveniency by a friend of mine, your Neighbour, to send you the true Contents of all the Baths apart, which if you please to examine, and honour me so far as to return me your thoughts of the Ingredients, being doubtless a Compounded body, I shall with all alacrity and obsequiousness imaginable give you a larger account of my Observations, vvhich I forbear to do till you please to favour me with an Answer, that so I may not preoccupy your more exact enquiry. The thing it self being of so grand import, and so well suiting with your own genius, I may promise my self the greater happiness in your Correspondence, &c. which is all the trouble shall at this time be given by
Your most humble Servant
,
T.G.
According to this Letter, I sent the Doctor what I promised, on the 15. of
October
next ensuing, by my facetious, learned, good friend, Mr.
Alexander Dyer
, with this Letter, which because it contains the rude draught of what I afterwards took more pains about, and not much different from what I now publish, I shall here insert.
Honoured Sir,
HEaring nothing of
Colonel Morgan
, the Person I designed for conveyance of what I formerly promised, I have now met with a convenient opportunity by my vvorthy friend Mr.
Alex. Dyer
to present you with as true an Anatomy of the Baths, as my present inspection will permit:
viz.
The Contents of all the Baths,
Kings, Cross
, and
Hot
, in Iron and Glass Vessels; the former [ounce]i. of each, the latter [ounce]ii. or thereabouts; that in Glass being all that one Gallon of the Water of each Bath did afford; the other in Iron, not the whole quantity, but sufficient, I hope, for your satisfaction, that came from four Gallons, the
Kings Bath
yielding in Iron, on my first Experiment [dram]xiiii; the
Cross
[dram]xii ss; the
Hot
[ounce]ix. [scruple]ii: but on my second Trial performed in the late wet weather, much less out of the same vessel, and quantity of water, which may suggest something to Enquiry if I find it hold. But usually out of 4 Gallons in a Vessel of mixt Mettal, I commonly evaporate it in, I have [ounce]i. out of a gallon of all the Baths alike, so that I judge about [dram]ii. to be the common proportion out of a gallon the Water will afford.
Now of these [dram]ii, as I suppose, you will easily discover all is not Salt, but according to my best observation I find a third part only Saline, or [scruple]ii. in [dram]ii: the residue, which I have sent under the name of
Residuum Sedimenti non Salinum
, will not relent but continues in a gritty nature, and I suppose, consists of two different substances.
The
Ochre
ariseth in a large quantity, where the stream of the Bath meets with any resistance; but what I am not so fully satisfied in for the present is, that though so much continually is breathed out of the water, nothing yellow is discovered in the Contents.
The
Oleum Salis Thermarum per deliquium
, is only that Salt I have sent you by the name of
Sal Thermarum
relented in the air, and cleansed from impurities that will subside, but tincted greenish by a touch of Copper it met with in extracting, when otherwise the true colour is more inclining to Amber.
One thing more also I think fit to advertise you of, that in Glass Vessels there is a thin crust in the outside covering that part that is most Saline, as thin as the thinnest Wafer, but not Salt at all, which I have caused to be separated in the Contents of the
Hot Bath
, and put in a distinct glass containing [dram]i. gr. 10; this more flakey and much less, if at all Saline, being only [scruple]ii. gr. 14. The
Kings
and
Cross Bath
are alike, mixed here in one glass, only the
Hot Bath
separated for your further satisfaction.
You have also the Sand, Mud, and Scum, in Boxes by themselves, all which I submit to your more exact scrutiny what names to call these by, which is the grand thing in question, and
on which will be built, as I conceive, the truest Hypothesis of the Nature and Vertues of these Waters that hath yet been given, and much different from what hath hitherto been supposed and presumed on
.
I hope to have the honour of a few lines from you, what your thoughts are of the nature of these particulars, vvhich vvill be very acceptable to
Sir, Your obliged humble Servant
,
THO. GUIDOTT.
Postscript
.
IN an ordinary infusion of any of the Contents in Common Water, you will observe a white gritty substance, which will harden into a stone in the bottom of the glass, one of which I have sent in the Box containing
Sedimentum non Salinum
; above that a blewish light, and more dirty substance; then the Salt in the Water to which it gives a yellow tincture.
The Doctors business being much on other accounts, I cannot understand he did any thing in this, only in a Latin Letter he had occasion to write me not long after, on the account of an Honourable Patient, for whom we then were both concern'd he takes a very kind notice of my Letters, and Experiments, and gives me thanks in this expression,
Clarissime Domine, Multum Tibi debeo pro Litteris & Experimentis Tuis circa Aquas Thermales mihi jam pridem missis, quæ officia Tua ut gratissima habeo, ita compensare studebo
; but sent me no other satisfaction.
A little after, having an opportunity of obtaining the Contents of many Hogsheads of the Water, I wrought them all of, and came to an exact separation and distinction of Particulars, as expressed in the Observations hereunto annexed, and as occasion served, communicated my Experiments to my Honoured friends, the Learned and accomplisht Sr.
Charles Scarborough
, Doctor
Thomas Witherley
, Dr.
Nathaniel Highmore
, and Dr.
Thomas Harbech
. This I think is sufficient to take off the surmise of Singularity, if any such thing by chance should be thought upon.
And here I cannot but admire how a Judicious man should be so far imposed on by any person whatsoever, as to imagine, that a satisfactory enquiry into the nature of these Waters was so nice a speculation, as to be
inconvenient
or
useless
[according to these words;
I have been desirous heretofore to have attempted some discovery of our Baths, according to those Principles: but being thought (by some) either not convenient, or not useful, I was willing to save my labour, which perhaps might have seemed not to be worth thanks
.
]
Jord.
Nat. Bath, c. 17. in fin. p. 147.
For, what can be more necessary, and therefore useful and convenient too, than to know the Principles of any Water we recommend our Patients to? and what did all the Mineral Writers that treated of such Waters before him whose authority he uses, but either make such enquiries, or speak by guess? and which of these two is the more useful or convenient, is easily determin'd.
Besides, by this means we act as rational Physicians, and free the Baths and Mineral Waters from that aspersion they labour under, of being accounted Empirical Medicines, whereas they are the exact composition of the best Physician, and perform their operations by virtue of the Ingredients they consist of, and the blessing of God Almighty, as all other good Medicines and Prescriptions do.
Morever, this way we can better judge of the reason of the effects, which without this, perplex the understanding with an ignorant admiration, and we prove no better than the ordinary Spectators at a Puppet-play, who admire the motions, but know nothing of the hand within that occasions them.
I confess indeed,
his thinking his pains might not have deserved thanks
, might somewhat discourage him; but a man of Resolution would have considered that things of this kind, subjected to publick view, would fall either into the hands of understanding, generous and unbiast persons; or else ignorant, selfinterested, and narrow Souls: the former ever have been, and will be ever ready to give what encouragement ingenuity shall deserve; and for the other, they are not much to be regarded, being best brought to a knowledge of themselves by an understanding of their errors; and as their mouths are no slanders, so their thanks are but slender, if any, commendations. And thanks be to God for it, there have been and now are many worthy, brave, and generous Spirits in this our Nation, who can discern and make distinction 'twixt things that differ, else bad would be the condition of those that have broken through that opposition at which others have boggled, and think it no disparagement to undergo rude Censures from the ruder multitude, in prosecution of a design for publick advantage.
Although the Credit of the Waters hath been preserved by Bathing, and advanced by Drinking, especially these two Summers last past, yet a far greater degree of Reputation may be acquired, by a more particular account of the more remarkable Cures that are annually wrought, principally thereby; which being digested into the nature of a Register, would mightily conduce to the satisfaction of those that seek remedy here in the like distempers. And although I have endeavoured what in me lay to promote so necessary a good work, yet such is the stupidity of some to things of their own advantage, that nothing of this nature hath yet been performed, although recommended by the learned Doctor
Jorden
, then practising on the place, and often inculcated, though with like success, by my self:
N.B.
Ch. 18. in fin. p. 163
So that to the wonderful honour of those on whom it must reflect, the Waters have been more beholding to the gratitude of Forreigners in registring their own Cases, than to the care and duty of those that are at home. I shall instance in the Case of Sr.
Humphrey Lloyd
, who having received a hurt in his Hip, by the kick of a horse in
Milain
, was grievously afflicted with a Sciatica for a twelve months time, and after having made use of much Physick, from several Physicians, to little purpose, in only six daies using these Waters was perfectly recovered. His words are these;
Fragm. Descr.
Brit. p, 16.
Alia
Belgarum
urbs,
Ptolomæo
, Aquæ Calidæ;
Antonino
, Aquæ Solis;
Britannis
, Caer Badon; &
Anglis, Bathe
dicitur, Balneis Aquarum Calidarum saluberrimis clara; Cujus rei ego certissimus testis esse possum. Nam cùm ex ictu equi Mediolano, in
Italia
, excepto, dolore Schiatico duodecim continuis mensibus laborarem, diversisque Doctissimorum Medicorum auxiliis non convalescerem, his Balneis, cum tantum sex diebus usus essem, sanitati pristinæ restitutus sum.
And that I may mention one fresh in the memory of all, whose gratitude in this kind deserves a remembrance, Mr.
John Revet
, an aged man, hath very lately publickly testified his cure of an
Hemiplegia
, in a months bathing, by an Inscription round a very fair Brass ring, on the right hand of the Entrance into the Queens Bath out of the Kings, after this manner;
Thanks to God. I
John Revet
his Majesties Brazier, at 56 years of age, in this present month of
July
1674, in this place recovered a cure of health and limbs, of the
Dead Palsey
, on one side, from head to foot.
That this way of Registring of Cures was also thought necessary, and recommended before the time of Dr.
Jorden
may appear from the words of Mr.
Jones
, an honest
Cambrobritan
(whose authority I am constrained to make often use of in the following discourse, in regard he is the only man that hath treated any thing largely of these Waters,) which I recite as they are, being the plain words of an honest meaning man.
I wish,
saith he
, that you leave a Note of the Commodity received, and a knowledge of your condition and calling in the Records of the Mayor of the City, where it shall be registred, until a Physician be appointed, who then shall be joyned with the Mayor, paying to the Poor-man's Box, and 4 pence for Registring your benefit received there.
Bathes Aid
, lib. 4. fol. 33.
[And in another place;]
Buxtons Benefit
, fol. 22.
Alway provided the day of your coming thither be noted before you enter into the Baths, and the day of your departure, with the Country of your habitation, condition, or calling, with the Infirmities or cause you came for, in the Register book kept of the Warden of the Bath, or the Physician that there shall be appointed, and the benefit you received, paying four pence for the Recording.
This Register may be so contriv'd as that the Patients name, or only letters thereof, as shall be thought expedient, with thir place of residence, distemper, and time of using the Waters, may be exprest in short; a model whereof, in many instances, we have in
Jo. Bauhinus
de Aquis
Bollensibus
, lib. 1. cap. 17.
And whereas mention is here made of the Poorman's Box, it gives me a good occasion to remind this Age, of what prudent and charitable disposition the former Age was, in which for the necessary support of the many Poor that came hither for relief, (now sufficiently numerous, and burthensom too) Reparations and Conveniences of the Bath, and other good uses, a Tax, or Pole-bill was made, and willingly consented to by the users of such Waters, by which a certain reasonable rate, or sum, was required of every man or woman of all conditions, from a Duke to a Yeoman, by which all Clamours, now too frequent, were prevented, and all occasions of Exactions taken away, no person paying, or requiring more than what was commonly known to be their due, reserving their Gratuities to dispose of as they please. The mony collected to be put into the Treasury of the Bath, and intrusted in the hands of one or two honest and sufficient persons, who should every
Michaelmas
give up their Accounts, and dispose of good part of the mony chiefly to the use of the poor abroad that come with good Certificates, or accounts of their condition, to be approved of by competent Judges in this case, and other necessary, good, and charitable uses, as shall be thought requisite; provided the Baths, Pumps, or any of their appurtenances be supply'd, and kept in good order and repair. And this was never intended in any violent or compulsory way, but only as a fair pro posal to the better disposed persons, who by their good example, and readiness to comply in this particular, may have an efficacious influence on the more captious and excepting, to beget in them a better understanding of this charitable, and orderly design.
Neither can this Tax in reason be imagin'd to be prejudicial to the Waters, as some others are reported to have been; on the imposition of which the Waters are said to have lost their virtue: for however the truth of such stories may be admitted, which are deliver'd by credible Authors, and I cannot contradict, yet certain it is, that if any such thing ever happen'd, it was either on the restraint of a publick resort, by denying Poor people the use of the Waters, or else by an Impost collected by the Officers of the Prince to his private advantage; whereas this is only to prevent exactions, and moral abuses, between man and man, and the Poor rather hence to be relieved than exacted of, with a probability of a much greater resort that will be procured by a reasonable demand, and good order withal.
The overplus of this Collection, if rightly manag'd, and the years prove lucky, may in a short time, make a purse for the covering one or two of the Baths also, whereby the Waters would be rendred useful all the year, which by reason of the coldness of the ambient Air, and fear of injury thereby, and no other, are thought not so fit to be used in the Winter season, the Waters then being as effectual as in Summer.
And this would be agreeable to the use and custom of most of the Baths in
Europe
which are cover'd, and thought by the best Physicians to be a means of keeping the Waters to an even Temper, being an equal defence against the wind and cold of the Winter, and the troublesom heat of the Sun in Summer; so that nothing external causing alteration supervening, the benefit of the Waters may be safely received from the first of
January
, to the last of
December
, which would be much for the relief of those infirm persons that require a longer stay than ordinary here, and by their so long absence from the Bath, do but weave
Penelope's
web, undoing in the Winter, what is done in Summer; whereas if they did in this manner, as we say, follow their blows, they probably would not only prevent a relapse, but set themselves in a way of perfect recovery with one resolution, without many comings at several seasons, being many times not so well at their second coming, as they went away on their first season of bathing.
For this use I think the Queens Bath most convenient, both in regard it is but small, and also more especially for the conveniences of the Slips, and Houses about it, where it is almost no more than out of Bath, into Bed; and if well cover'd, and care taken in rising, may be as well as if a man made use of a Bath in his own house or Chamber where he lies. After which the Cross Bath may follow, if it be thought fit, the Kings, and Hot, being kept open still.
But against this I foresee two Objections will be made. First,
That it will be inconvenient in the Summer time to sit so close, if no offence doth arise from the steam
. And, Secondly,
That it will be injurious to the Lights about the Bath
.
To the first, I answer generally; That those persons that desire good, will think nothing an inconvenience that is in order to it, and those that come for pleasure may be somewhere else; yet that it may appear to be made out some other way, I suppose the increase of Heat, which sometimes that Bath wants, procured by keeping the Air out, and the steam in great measure in, (which yet will not be more than will well be endured) will make a sufficient recompence for this supposed molestation. And as for the Steam, a vent hole, or Tunnel at the top, will so discharge, that it may not be offensive or troublesome at all.
As to the Lights, the Cross Bath will certainly inconvenience none, and the Queens may be so contriv'd, if made flat, as to do the same but if built more erect for gaining room below, there will be but a very little blind, or perhaps none at all, to the lower Windows on the
Hart
lodging side, which house, by reason of the accommodation of the Slip thereunto belonging, being, in all probability, likely to partake most of the profit, may contribute a little in this kind. But to avoid all exception, the Cover may be so made with shutters on a Timber frame, that it may be easily taken off if there be occasion, and as soon closed up again, if necessity shall require.
One thing more I shall only add, which as a means to establish greater order and content, with submission to more political judgments, I here propose, That I conceive that the persons having dependance more immediately on the Bath, may be better paid by Salaries, than the
Numquam-satis
-arbitrary
way now on foot; That their number may be lessen'd, being by that reason, and (the consequent thereof) their necessity, only such as repine at now, and prey one upon another; and that two Serjeants, four able men to manage the Pumps, and cleanse the Baths, four Women to introduce and place the Females; with twelve Chair-men, may be sufficient. The Salaries to be paid them by the Officer in chief, collected by the Serjeant, and raised by a moderate demand by the Pole from the Users of the Waters, according to their conditions, quality, and time of stay at the Bath, expressed in a Table for that purpose mentioned before; and if any other clamorous demands, uncivil deportment, neglect, or want of duty, should at any time happen in those Servants, upon complaint made, to be animadverted on, suspended, or discharged by the Authority under which they are. These things some may make light of, but the Prudent will consider.
T. G.
THE CONTENTS.
CHAP. I.
THe
Introduction
,
Chap. II.
The Opinion of a late Author concerning the Nature of the Baths of
Bathe,
Chap. III.
An Examination of some particulars in the former Chapter
,
Chap. IV.
Of Nitre in the Bath-water
,
Chap. V.
Of Sulphur in the Bath-water
,
Chap. VI.
Of Vitriol in the Bath-water
,
Chap. VII.
A further proof and illustration of former particulars
,
Chap. VIII.
A Letter formerly written to Sr.
E. G.
Chap. IX.
Of the Antiquity of the Baths and City
,
Chap. X.
Of the
Roman
Antiquities in
Bathe,
Chap. XI.
Of the Abbey Church in
Bathe,
Chap. XII.
Of the Baths of
Bathe,
Chap. XIII.
Of the use of the Bath-water in Potion
,
Chap. XIV.
Of the vertues of the Bath-water taken inwardly
,
Chap. XV.
Of the Water of St.
Vincents
Rock near
Bristol,
Chap. XVI
Of
Castle-Cary
Water
.
A Century of Observations
,
The Lives and Character of the Physicians of
Bathe,
A Discourse of
BATHE
, AND THE HOT WATERS There.
CHAP. I.
The Introduction
.
HAving formerly, in the year 1668, annexed a brief discourse of
Bathe
to one of Doctor
Jorden's
of Natural Bathes and Mineral Waters, under the name of an
Appendix concerning Bathe
, by which and some other pains I had taken about the Treatise it self, I thought I had obliged (as was the opinion of most) not only the Relations of the deceased Author, but all his Friends and Well-wishers; but meeting, contrary to all expectation, with rude and unhandsom returns from an Impudent person, to whose Temper the modest Doctour was a great stranger, and of whose behaviour he would be much asham'd, were he now alive; who on his pretended relation hath repaid me with ill language, and foolishly threatned me with Trouble for my good will. Now to put an end to all disputes of this kind, I have thought fit to appeal to any understanding person, that hath his senses exercised, and his wits about him, (for all have not, and some have none at all) whether my Additions have been any impair to the Doctor's Reputation, whom I have treated with all the Civility imaginable; and for the Sale of the Book (a good argument of its acceptance) I believe there were not more sold in the Doctor's life time, of what he printed himself, than went off the first year of my Impression. But to silence all Cavils and silly Objections of this nature, I have discharged that Author, and published in this discourse my own thoughts and Observations, and how much different they are from his, or agreeable to Truth, may best be determin'd by the ingenious Reader.
I did intend indeed, according to my Promise in the end of my Preface to the Editon of Dr.
Jorden
, to have amplified that small discourse into an
History of Bathe
; but finding no encouragement since to that design, and many things that have made me alter my resolution, my intentions are to wave that, and apply my self, in some convenient time, to the
Roman Court
, where I shall have a fairer Trial, and more Justice done me. In the mean time, I hope this may in some measure stop the gap, and release me of my obligation to the Candid world; especially considering that the Antiquities of the Baths and City can hardly, I think, be improved higher, and the Mystery of the Sacred Waters of
Minerva
, is not to be profan'd, which it wants little of if idly prostituted to vulgar Capacities; which, besides that they are incompetent Judges in other matters, are apt to put a sinister interpretation on those very things, that really are, and were so intended for their own advantage; neither had I published the Observations I now do in this language, had it not been on a more particular account.
The ill Usages and great Indignities I have already met withal, from an ungrateful people, in the prosecution of my design of making further Enquiries into the Nature of those Waters, are not here to be mentioned; they are sufficiently known to be products of Envy and Malice, and as I have hitherto contemned what pitiful opposition could be made against me by the united strength of Envy, Pride, Beggery and Revenge; so I shall not surcease my Thoughts in due time of performing that which will be better esteem'd by more Judicious persons, and render me and my design most acceptable when best understood. It was a fit return of a grave Divine to a vainglorious opposer of his good Inclinations,
Nec propter Te cœpi, nec propter Te desinam.
Thou, Satan
, said he,
hast nothing to do with my Concerns, for thou art at neither end of my design; and as I did not begin to do thee a kindness, so I will continue notwithstanding thy rage.
Such unclean Spirits have no more to do with publick affairs, than to interrupt the quiet of better than themselves; and are like a troublesom Curr on the Road, that doth little else, with a besom tail and a whiffling bark, than make a man well mounted look back, his horse kick, and so returns.
It hath ever been the fate of New Discoveries to meet with Course entertainment at their first appearance; and whereas men are usually courteous and civilly demean'd to strange Persons, they treat strange Opinions and new Inventions at another rate. 'Tis the only Policy accounted to keep a ballance among men, and if any one by a more than ordinary industry and God's blessing on it, hath made at any time a conquest in the Intellectual world, whereby 'tis thought he may get the start of his Neighbours, a rotten
Cabal
shall make head against him, and perhaps, use him with as much severity as a forceable Intruder on another's right; whereas the Secrets of Nature are free to all, and the Victor here enters not by Blood, and Rapine, and Tyrannical oppression, but in a way both innocent in it self, and advantagious to others.
When I reflect on the hard measure the Renowned Dr.
Harvey
met withal from the pride and peevishness of some conceited Brethren (who esteem nothing Currant but what bears their image and superscription, if not minted in their own brain) on his first demonstration of the Circulation to the World, I cannot but conclude, if I had no other instance for it, That neither Ingenuity, Learning, Modesty, nor any thing that is good and truly valuable can give protection from, though a sufficient antidote against, the poyson of Envy,
Envy
, that spreading Ring-worm, that
Ubiquitarian
infection, that Canker of what is found, and Rust of what is bright! to be found almost in all places, in Town and in Country, in the Shop and in the Street, in the Tavern and in the Ale-house; it hovers over all, and pitches where it can, till at last, if it hurt not others, it preys upon it self:
Thou wicked Fiend! that ne'r didst good,
But hast perversly it withstood,
And ever will, till Time shall be
No more, or We
Be rid of Thee.
But to pass by things of this nature with that of the unconcerned
Græcian
to as abusive persons,
Exesti klazomenois aschēmonein
; or that of
Tacitus
,
Convitia spreta exolescunt
, the best answer being nothing at all; I shall rather chuse to acquaint the Reader, That whereas I conceive, when I writ my Letter of Observations, that
Bitumen
and
Sulphur
were not primarily concern'd in the Body of the Waters, and therefore no way observable in the Contents; by fresher Experiments and Observations of a later date, I am inclin'd to believe, that
Sulphur
is one ingredient in the Contents of the Waters, though not proportionable in quantity to the Salts, and lost in the bringing them to a better colour. For if two or three ounces of the Contents, which at first much resemble the courser sort of Sugar, be put into a Crucible in order to fusion, when the Crucible is red, and before the Salt doth run, there is the perfect colour and smell of Brimstone, insomuch that it may be sensibly discerned in any part of the room, and as the Salt draws nearer the state of Fusion, the Sulphur wasts and is diminished; so that as dross or Recrement it burns off in Calcination, and is no way concerned in the refined Salt, though one Ingredient in the Waters, and contained in their body.
I shall further add, that I made a
Lixivium
of the Salt calcin'd before fusion, when probably the Sulphurous parts, or so reputed, were not all consum'd, and observ'd so great a
fœtor
in the
Lixivium
representing Sulphur so effectually to my smell, that it presently obtain'd the Testimony (if that be any thing) of that sense.
CHAP. II.
The Opinion of a late Author concerning the Nature of the Baths of
Bathe.
AND here I cannot but take notice of a Novel Writer, who Magisterially thus determines:
Joh. Mayow
LL. D. & Med.
Quod ad Nitrum & Sulphur attinet, quibus Thermas Bathonienses imbutas esse hactenus creditum est, eorum neutrum Aquis Thermarum istarum solutum esse arbitror
: As to what concerns Nitre and Sulphur, with which the Bathes of Bathe have hitherto been thought to be impregnated, I suppose there is nothing of either of them dissolved in the Waters
.
A bold assertion! which had it been vented and believed but 50 years ago, would have prevented much trouble in evincing the contrary; but, since 'tis in fashion to be peremptory, I do assert,
That both Nitre and Sulphur are to be found in all the Bathes of Bathe, and that dissolved in, and mixed with, the Body of the Waters
. In order to the Proof of which, I shall take some account of the forementioned Author's 15th. Chapter of his Tract of Sal-Nitre, the arguments he hath against it, and his opinion of the contrary.
His words therefore, as well as I can translate them, are these:
"Among the most celebrated Bathes, we may justly reckon those of
Bathe
, in which admirable Waters, a continual Vestal and sacred Fire is maintain'd , as if things of a most different nature were interleagu'd. Before I come to the manner how these Bathes receive their Heat, it will not be improper if I make some enquiry into the Contents of these Waters.
It is therefore manifest, that the Bathes of
Bathe
are impregnated with a certain Salt of an acid nature, for if any Salt alkali, or volatil Salt purely salin'd, be mixed with these Waters, a precipitation will ensue, and the Waters will become turbid, and of a milky nature.
Moreover, The
Bathe
-water powred on boyling Milk, will coagulate it, as any other acid doth.
Neither doth this acid Salt seem to be the only Salt of the
Bathe
, but is complicated with an Alkali; for if the Water be evaporated quite away, a certain Salt of a more fixt nature will be found in the bottom of the vessel, which, on the powring of any acid on it, will ferment.
Of the same nature also are the Mud and Sand of the Bathe, which are wrought up with the Springs; for any acid liquor being powred on them, an Ebullition will follow.
There may be also observed in these Waters a Salt, or rather a Lime-Chalk kind of Earth, sticking to the bottom of the Gouts, or passages, almost in all places where the Water passeth.
From what hath been said may be collected; That the Bathes of
Bathe
are impregnated with a certain acid saline Salt, and the Salt of the Bathe seems not much unlike Tartar vitriolated, or Aluminous Salt.
The Reason why these Salts destroy not one another, but each of them ferments with its contrary Salt; may be understood from what hath been delivered in the former Chapter: To wit; These Salts are so imperfect, that in Conjunction they cannot destroy one another. But more of these Salts, hereafter.
As to Nitre and Sulphur, with which the Bathes have hitherto been thought to participate, I suppose, That neither of them is dissolv'd in those Waters.
That there is no Nitre in the Waters appears by this, That the Salts that remain after the Evaporation of the Bathe-water, put on a Coal, burn not, as Nitre doth. Although I shall not deny, that those immature Salts of an Alkali nature, (which are also contained in the Sand, and
If that be meant by
Fimus
in the Author, to express which,
Limus
or
Lutum
had been more proper.
Mud of the Bathe) being expos'd sometime to the air, may, perhaps, by its influence be converted into Nitre.
As to Sulphur, which hath been so much reported to be in all Bathes, 'tis not, I believe, dissolved in these Waters. Because,
If a Solution of Alom, Vitriol, or any other Salt, whether acid, or fixt, be mixed with the Water of the Bathe, Sulphur discovers not it self to be precipitated, either by a fetid smell, or any other sign; which notwithstanding in the Solution of Sulphur in the water of unflak't Lime, or made into a Lixivium, doth appear, where the Sulphur by the affusion of any acid Liquor is precipitated.
I am not ingorant that the Water of these Bathes, if Salt or Tartar, or a purely volatil Salt, be cast into it, will presently turn white, as is declared before; which colour proceeds not from Sulphur, but a stony, or Aluminous matter precipitated, not much unlike to what is observed in the Water of unflak't Lime, when any fixt Salt is mixed therewith; in which notwithstanding it is not supposed the Sulphur is dissolved; for if Sulphur be boyled in Water of unflak't Lime, the Water becomes white, not by the affusion of a fixt Salt, as before, but of an acid; so that fixt Salts may dissolve Sulphur, but not precipitate it. Wherefore if Sulphur be contained in the Waters of Bathe, they would be precipitated, not by a purely saline, as formerly, but an acid Salt, and the Sulphur so precipitated would discover it self by a fetid smell, which it doth not do.
To which I add, That an acid Salt, or something Aluminous, doth seem to predominate in the Bathes aforesaid, so that they become altogether unfit to dissolve the Sulphur.
Moreover, If Common Sulphur be boyled in those Waters, they are never tinged with a yellow or Sulphurous colour, neither can Sulphur, by any means, be precipitated from the decoction, as I have often experimented.
And therefore I much admire the famous
Willis
, in his Treatise of the heat of the Blood, should affirm, That Sulphur boyled in Bathe-water may be dissolved after the same manner, as if boyled in Water of unflak't Lime.
Now if Sulphur seems to be dissolved in the Waters aforesaid, the occasion of the mistake, I suppose to be, That the decoction was made in a vessel, in which some fixt Salt had been decocted, so that the Solution of the Sulphur may be made by some particle of a fixt Salt, with which the vessel might be season'd.
Concerning the Baths of
Bathe
, 'Tis the common Opinion that Silver dipped into them is coloured yellow, in the same manner as if it were cast into a Solution of Sulphur, and hence it is supposed that the Baths have Sulphur in them; but experience evinceth the contrary; for Silver put into the Bath-water becomes not reddish, or yellow, but rather black.
The mistake may seem to arise from this, That 'tis customary with the Bathe-Guids to tinge, and as it were guild over pieces of Silver with a Salino-Sulphurous Mud, or Dung, such as is often found in houses of Office, and put them off to Strangers, for a little profit, as if they were coloured with the Bathe-water.
And here this is to be noted, That a kind of Bituminous Mud, with a small pittance of Common Sulphur, is brought up with the Springs, which only swims on the top, or else continues at the bottom, but never is dissolved in the Waters themselves.
Neither is Sal Armoniack, as some imagine, to be found in the Waters; for if on the Solution of Sal Armoniack, Salt of Tartar be injected, the purely saline volatil Salt (of which Sal Armoniack in part doth consist) being at liberty from the acid Salt, to which it was formerly united, will presently fly off into the air, and will quickly be disover'd by a pungent affecting the nostrils, which is never observ'd in the Bathewaters.
Lastly; As to Vitriol, the Crosse and Hot Bathe seem to have none at all; for if Galls are beaten, and infused in these Waters, they neither turn purple nor black; which would certainly be, if these Waters had Vitriol in them.
The King's Bathe seems to have a little Vitriol in it; for if some beaten Galls are cast into that Water, it will have a light tincture of a black purple colour.
'Tis also to be noted, That a certain
Minera
, for
Minerale
, is corruptly, though Chymically, used here
Mineral of a Metallick nature, ariseth out of the Earth, with the Springs of the Bathe, which is easily turn'd into Vitriol. For if any acid liquor be affused on the Sand (which breaking out with the Springs, is found in the bottom of the Bathe) it being corroded with an acid Menstruum, not without a remarkable effervescence, will in part be converted into Vitriol, just as it happens to the filings of Irons corroded with an acid liquor.
For if that Sand of the Bathe corroded with an acid liquor, be put into the Infusion of Galls, the liquor acquires an atropurpureous colour. Whereas if the Infusion of Galls be put on the Sand newly taken out of the Bathe, and not corroded with an acid liquor, it will, by no means, be of a purple colour; an apparent sign, that the Metallick Sand of the Bathe, unless corroded with an acid Menstruum, doth not turn to Vitriol.
It is further observable; That the Sand of the Bathe kept some time, and exposed to the open air, will of its own accord, be converted into Vitriol; for if that Sand be mixed with the Infusion of Galls, the Water will contract an atropurpureous appearance.
Moreover, If it be laid on the Tongue, it hath a perfect Vitriolick taste; and no wonder, for the Nitro-æreous Spirit, after some time, closeth with the Metallick Mineral, and SalinoSulphureous Marchasite, of which Vitriol useth to be made, mixed in the Sand, and causeth it to ferment, and at last, as was shewed before, converts it into Vitriol,
&c.
"
CHAP. III.
An Examination of some Particulars in the former Chapter
.
HOW far this Author hath ploughed with my Heifer, I leave to the consideration of those that have been any way acquainted with my design; and shall only here take notice, what Observations are agreeable with, or different from those I have often made with the greatest exactness, and repeated Trials, submitting all to the unbiast judgment of Indifferent persons.
And first of all, I concur with him, that the Baths of
Bathe
are in part impregnated with a certain Salt of an Acid nature; but why this acid Salt should be called
Aluminous
, I am not yet so fully resolv'd, as much on other accounts, so somewhat on this, That although an acid Spirit be in Alom, yet the most perceptible taste is either
acerbe
or
austere
; which being not observed in these Waters, I have so much reason to judge
Alom
not predominant, as asserted here.
The Experiment he mentions of precipitation or alteration of the Waters to a milky colour, or almond Milk, we owe to the Ingenuity of the Industrious Mr.
Stubbe
, who, though he had not the good hap to discover what was precipitated, yet gives it the general name of an
insipid Magistery
, and is nothing else but
Freestone
finely wrought, and intimately mixt with the body of the Waters.
Pl. ult. red.
To a Nonpl.
p.
135.
If any blame me for calling it by so homely a name, I desire they would consider, that I had rather call it so than a Metallick Mineral, or a
Salino-sulphureous Marchasite
, supposing it more agreeable to all their apprehensions that will be concern'd in things of this nature, and whom I would not have abused with hard names and uncouth expressions; the effect of Ostentation, or sanctuary of Ignorance.
That this is
Freestone
appears by this, that 'tis insipid, gritty, scowrs, leaves a white colour like Chalk on the fingers after it, and is inclinable to an union into a stony consistence.
That this is not
Calx vive
, or any
lapis Calcarius
that holds affinity with it, I am much induced to believe from this, That neither the Insipid magistery, nor the more gritty powder, being nothing different but in fineness and colour, will, either alone or together, open the body of Sulphur, which is usual with
Calx vive
, as I have fully experimented by decocting two parts of the powders with one of Sulphur in a proportionable quantity of Water, which gave the water very little alteration, and as little was precipitated.
See Obs.
83
To make it further evident, I calcin'd a large Crucible of it with as strong a fire as could well be given, yet nothing quick or limy did appear, but dead and gritty ashes, which, mixed with water, neither made it white, nor created any disturbance. But more of this in what will follow.
That the Bath-water will coagulate milk, I confess, but not as any other acid liquor doth; for this doth is sooner upon affusion, and makes a hard curd; that with the Bath-water, must boyl again and that pretty smartly, else a soft white Curd, as commonly it is, will not appear.
I also agree with the forementioned Author in this, That there is a considerable quantity of an
Under this Notion, I take the liberty to understand Common Salt, or
Sal Marine
,
consonant to the proper notation of the word: for the Salt of
Kali
or
Glassewort
is Marine, though used indifferently by the Chymists for the fixt Salt of any Vegetables, by Calcination
.
Alkalizate
Salt, mixed with some other Salt in the body of the waters, and apparently distinguishable by the taste, as well in a
Lixivium
made of the Contents of the waters, as in both the Courser part, the result of the Evaporation, and also the purer part, when made white and refin'd; and that this
Alkali
doth constitute good part of the Saline matter, with which the Baths are impregnated.
For I am apt to believe, that great part of the acidity is breath'd off in evaporation, either in the Bath or over the fire, or both ways together, in regard very little of that taste is perceptible in the Salt extracted, but the Saline is easily discover'd. To the confirmation of which the acting also of acids on it may somewhat conduce, and the experience of many this Summer, who according to my directions have dissolved the Salt in the Bathwater to improve it, and have sensibly found an increase in the other taste, but little or nothing at all in acidity.
Neither doth the
Lixivium
, though made very strong, nor the
Oleum per deliquium
dropt 20, 30, or 40 drops into a small proportion of water, tinge with Galls either purple or black.
I may also urge as an Argument for the evaporation of
Vitriol
, the abundance of a yellow
Ochre
which ascends with the steam of the Bath, and is there chiefly to be found where the steam of the Water meets with any resistance, as I have noted elsewhere, which probably may be the
Terra Vi trioli
: And although 'tis not very easie to give the reason, why the
Vitriol
should not be as visible as the
Ochre
, or else make it more acid than we find it to be; yet if we conceive it to be in
succo primitivo, aut Solutis principiis
, and there
per halitum
, and so
per transitum
too, it may better be conceived to go off, and not imbody as the other Salts do. Yet that all the Acidity is not breathed of, will appear from this, That the Bath-water cold will coagulate Milk. And what is more, the same water distill'd from a gallon to a pint, a fourth part of that pint will make a curd, when the distill'd water in the Receiver will do nothing at all: Which may probably proceed either from something Vitrioline, or rather from the acidity of Sulphur, in regard the Salt made white, in which is nothing wanting but the Sulphur, will not coagulate, as the water doth; whereas the browner Salt before calcination, dissolved in Spring-water, will. So then, this
Alkali
is but one part of the fixt Salt, found in the bottom of the Vessel after evaporation
ad siccitatem
.
For a further confirmation that an
Alkali
is contained in the waters, which, considering the Quantity that may continually be made evident both to sight and taste, will scarcely be judged to need other demonstration. Yet 'tis observable, that the Cross-Bath having lately been kept drawn four or five daies, the Saline matter not meeting with water sufficient for its dissolution, was driven up in substance from the Springs, and again reverberated by the ambient air, and incrustated on the tops of the stones that were above the water in the bottom of the Bath, which gave me some divertisement to behold, and, on examination, appeared much
alkalizate
both by taste and ignition; some pun gency also I observ'd in it, which I rather judg'd to proceed from the acrimony of
Nitre
than
Tartar
, but the predominant taste was clearly
alkalisate
, which after the Nitrous parts were wasted, was less exceptionable in the remaining calx on the Iron after burning, in which the Alkalisate taste was most remarkable; not to mention its crepitation, and that some pungency also is observed in an
Alkali
it self.
To make it further evident that this accretion did probably arise from the
Minera
, I believe, not far distant, and was not engendred or contracted from some floating particles in the air derived elsewhere, and there settling by way of Magnetism, as some may imagine; 'tis further remarkable, That neither the stones under water, nor, what is more material, any stone either of the Seats, or in the sides of the bottom of the Bath, remote from the water, had any Salt affixed to them, but only those, as I may so term it, that peeped out of the water, the tops of which only, as I said before, were incrustated. So that had a Magnetism any place here, the Salino-Nitrous particles must, I conceive, have lighted as well on the stones of the same nature hard by, as where they were, the reason of the thing being much the same. For a fuller Testimony of this,
See Obs.
88.
I acknowledge also this, That a great Fermentation is produc'd by the affusion of Acids on the Sand and Mud of the Bath, (but do not tell you who first observ'd it) and a much less on the Scum; yet I must be excus'd in this, if I say, That I cannot conceive how this should arise from the action of Acids on a Saline matter, in regard it transcends my understanding to apprehend, how any Salt can possibly lie at the bottom of the Bath, either in the Sand or Mud, undissolved, and the waters no higher impregnated than we find they are.
'Tis a trivial Observation, that what is dissolvable in any liquor, the pores of it will receive till it can hold no more; neither can I be yet perswaded, that there are just so many porosities in the Bathwater assigned for
Vitriol
, and the rest taken up with other Bodies, seeing the dissolution of
Vitriol
in the Bath-water afterwards, and the alteration in taste that happens thereupon, is sufficient to give me satisfaction to the contrary.
But to speak a little more to this, because the Author insists so much upon it; If any
Vitriol
be contained in the Sand, 'tis no absurdity to conceive that warm water may dissolve it and fetch it out; now, if half a pint of warm water be poured on an ounce of Sand, with what agitation you shall think convenient, and thus let stand infused ten or twelve hours, the water then decanted, and the sand dried and weighed again, there will be little wanting in the weight, abating for the
Ochre
, which ariseth first to the top, through the body of the water, much like white
Vitriol
, afterwards precipitates and settles at the bottom on the Sand, and is hardly preserved in the decantation.
The Ebullition therefore, on the affusion of acid liquors in the Sand, I conceive doth arise from somewhat not Saline (if Taste be the judge) of which I shall treat more at large by and by: So that the Sand and Salt are no further of the same nature, than as fermentation may arise upon different Commixtures. How this may be reconcil'd to the Experiment I sometime made, of making Ink with Bath-water and Galls, and the Sand of the Bath, with other things which might have been no small encouragement to this opinion, I shall have occasion in part to declare hereafter, but more when I find my Answer is required.
As to the Salt, or rather, to use the new-made word,
Calcineous
kind of Earth, sticking to the bottom of the Gouts and passages, almost in all places where the water passeth, I was never yet so happy, though I have searched particularly to find any such thing. I confess I have heard it spoken, that five years ago, or thereabouts, there was a Gout out of order at the Cross-Bath, in the rectifying of which there was observed some such matter adhering to the Passage; but this, I suppose, was as much above the Civilian's knowledge, as the Physicians, and whether a bare Tradition with some other uncertainties, to say no worse, be a sufficient foundation for this Hypothesis;
That the Salt of the Bath doth much resemble a Vitriolated Tartar, or Aluminous Salt
, I shall leave those to determine that know the meaning of this approved Sentence,
Nullum simile est idem
. And seeing that the Author chooses to call this adherent matter by the name of a
Chalky kind of substance
rather than a
Salt
, I think I may not be much mistaken if I imagine it to be
Freestone
; concerning which I can say no more, till I shall happily meet with the like accretion.
That the Fermentation on the affusion of Acids on the Sand, ariseth chiefly from the acting of that liquor on
Freestone
in conjunction with some Testaceous particles, and not from any other Saline matter, seems evident from this; That whereas these parts with a blew Clay or Marle, Rubrica, Ochre, and Chrystal-pebbles, are clearly distinguishable by a Magnifying-glass in the Sand, when the acid liquor hath done its worst, and the dif ference between the Sand and it, is amicably compos'd, the remaining particles of Sand that will not ferment, are only some part of the Marle and Chrystals; And this I call
Arena castrata
, because, by this means, the Sand loses its fermenting vigour, though the stones do remain.
And whereas the Mud of the Bath, which seems chiefly to consist of this blew Clay or Marle, with something Sulphurous, will do the like; the Fermentation I conceive doth arise not so much, though something I confess, from the Earth it self, as the Testaceous particles with which it abounds, in which Earth nothing Saline can be discovered to which the ebullition may make any pretence.
To this may be added; That the colour of the Acid liquor, after Saturation by the Sand, is altogether the same with what ariseth from the
Freestone
, both equally resembling the infusion of the filings of Steel; so that in this also there is an agreement.
CHAP. IV.
Of
Nitre
in the Bath-Water
.
THat
Nitre
is contained in the Body of the Waters is evident from this, that it may, by art, be extracted thence; and I may as well suspect, and, if I please, believe, that I had not mony in my pocket, when I took out some silver for a necessary use; as when I see
Nitre
taken out of the Bath, say it was never there.
But the difficulty will be to prove the thing; now, I say, a
Sceptick
may doubt whether a Man be a Man, a Brute a Brute, or whether he makes use of his voice that asks the Question; but whether he be not the wiser man that takes these for granted, and not pragmatically contradicts the unanimous consent of Judicious Writers, is easie to determine.
I confess it burns not as Common
Salt-Peter
doth, because it leaves a Calx behind it; but in that more resembles the
Nitre
of the Ancients, a pound of which being burnt will leave four ounces of Ashes:
Salt-Peter
will leave none.
Jord.
Nat. Bath. & Min. Wat.
chap.7. p. 53.
Neither doth it huff, nor melt altogether in a small quantity as
Salt-Peter
doth, on the account of an allay it receives from the mixture of another Salt of an
Alkalisate
taste with some bitterness withal, which remains on the Iron-plate after accension, and is little more than a fourth part of the Body; wherefore to deny the being of
Nitre
in the Salt, because 'tis not all so, is as absurd, to make a Linsey-woolsey Comparison, as to affirm, there is no Woollen in that sort of Vesture where Linnen is; or to say, That a man that is both Lawyer and Physician, hath nothing of Physick, because he hath something of Law.
But that
Nitre
is there, though not predominant, seems clear by the shooting in
stiria's
, which is concluded to be the proper form of that Salt; and although
Tartar
, and perhaps some other Salts, may somewhat resemble it; yet the difference is easily perceptible by the sight, but more by the taste.
And now I am discoursing of this matter, I conceive the Author did not hit the mark, because he did not make the Bath-water shoot, in that he only mentions,
the Salts that remain after evaporation, which
, he says,
put on a Coal, burn not as Nitre doth
. But the shootings so called, in a figure somewhat pyramidal, with many
Columellæ
, or small pillars closely united, put on a red-hot Ironplate, and so burnt, may alter the case, which I affirm to do, as I mention'd before.
And, what is not a little considerable, on the burning of six ounces of the Chrystals, in order to the Examination of the remaining Calx, the Nitrous parts of the shoots, being many in number, in a short time melted, and ran down both sides of the Iron-plate in a stream, consonant to
Pliny's
observation of
Nitre
, which he affirms
ingentibus rivulis profluxisse
.
(Q)
To which I may add the bitter Taste apparently discoverable in the Salt, insomuch as to bring it within the verge of a suspicious appearance of a
Sal amarum
(if any such Salt there be distinct from
Nitre
) which bitterness hath been accounted proper to
Nitre
, and the waters impregnated therewith, of which the Laborious
Ballius
gives this Testimony;
De Therm.
l. 5. c. 5.
Differunt etiam Nitrosæ Aquæ à Salsis, quòd amarorem Nitrosæ sapiunt potius quam Salsuginem, & quo magis syncerum habent Nitrum eo sunt amariores
. So that the bitter Calx mentioned before, seems, if any, to be the true Calx of
Nitre
, and no small argument of its sincerity, although this taste be not perceptible in the water, in regard the
Nitre
is much diluted, and though sufficient for the purpose, not in so great a proportion there.
Also for a further satisfaction, if any Aluminous parts were contained in the Chrystal shoots, I observ'd, That the six ounces mentioned before, after they had hufft, melted and ran upon the Iron-plate, were in little more than one minute reduced to somewhat less than two ounces of a dead white
Calx
; which being again dissolved, filtred and evaporated, gave me a plain
Alkali
with some remaining bitterness, which on the affusion of any acid would ferment, and being put to undergo the
fire-ordeal
Trial, would neither melt nor boyl, but crackle and leap.
To make a further Trial, whether what was bitter and suspiciously Nitrous might be separated from the
Alkali
; I dissolved and filtred the same Salt again, and evaporating it
ad Cuticulam
, it shot partly into a white hoary down, penetrating cooling, and bitter, distinct from the
Alkali
with which before it was mixt, and partly into an inspissated juyce, which I judge to be the
succus primitivus
of
Nitre
, with the same qualities; both which put on the Plate did huff and melt as the former, leaving a small bitter Calx behind it, which, I believe, by frequent dissolutions, evaporations, and coagulations, would huff and melt all off, to the utter consumption of its whole body that way, I mean as far as Nitrous, the
Alkali
shewing it self proportionable in the Calx, after every trial.
And here I would not be mistaken, as if I pretended to that grand
Arcanum
, the discovery of the Nitre of the Ancients, for I am well assured, that the description of that is very much different from what I am now discoursing of, being acknowledged by
Pliny, Dioscorides
, and others, to be of a rosie colour, and almost purple, which they used sometimes to dye that colour with (though some white there was also) and came nearer to the nature of ordinary Salt, whereupon
Dioscorides
in his 85th. Chapter hath these words,
Nitre, and the froth of Nitre
(or
Aphronitrum) have the same virtues as Salt, and are burn't like that
; yet because some measures may be taken from that, for the better understanding of what is now under the test, I thought fit in that regard at present, only to make this bare mention of it.
Neither can the contrary, I think, be evinced from the effects; for cooling, penetrating, and purging, are attributed to Nitre, and confessedly in the waters, the two former evident in allaying thirst, abating inflammations, and quickness of passage: the latter, as plain in its operation, for Nitre as well as Salt, is said both
alvum laxare
, and
urinas ciere
, and
Baccius
treating of nitrous waters, affirms, that they do
vacuare, virtute Nitri, per alvum, & per urinas
. The like may be said of the external effects by Bathing, which can no way prejudice the being of Nitre there.
Besides, This way of arguing from the effects is but
à posteriori
, and less significant where there is matter of fact, which may be useful in the dark; but if it thwart with a plain experiment, must yield; for,
Quid verba audiam, cum videam facta
? And whoever shall undertake a business of this nature may consider, that the best judgment to be made of the effects, is from a constant observation of particulars on the place, which cannot be conceived to be so well done at a distance, but must require, besides some time, a good attendance, as well as practice here. But to return.
These
Stiriæ
, or Needles, I observed in the water of all the Baths, yet in a different shape and consistence; for the King's Bath-water after a full imbibition of the Salt dissolved, and a strong
Lixivium
thence procured, evaporated
ad Cuticulam
, and set in a cool place, shot from the inside of the evaporating Glass into its Cavity, into strong, and compacted Needles, with that strength, that it took some of the Common Salt with it, which appeared in the Nitrous shoots, something like the stars in a clear sky, but white, and in a Cubical form, in perfect squares, or Tessera's distinct from the body of the Nitrous shoots, with which the Nitre was studded, being impacted into it.
The Cross Bath shot in smaller Needles, but longer and very thin, in great number, directly from the bottom of the glass, very close together, but distinct each from other, much like the Finnow, or hairy excrescence, that oftentimes ariseth from corrupted matter, which on the least violence offer'd would break, and not endure any kind of resistance.
The Hot Bath gave me more trouble to bring it to shoot, insomuch as being frustrated in two or three Experiments, I had almost concluded there was nothing Nitrous there, but the thing afterwards succeeding, I had on a small quantity of the Salt dissolved, and the
Lixivium
evaporated according to Art, five, or six single
Stiria's
, bigger, and stronger, though not so long, as those I observed in the water of the Cross Bath, which gave me satisfaction as to that Bath also, in the particular thing of Nitre now under debate. Since which time on another Experiment, I had as firm and compacted Needles from the Hot Bath, as I had formerly from the King's, both which Baths shoot much alike, and different from the Cross.
I shall not lay any great stress on these observations, in relation to the difference between the three Baths mentioned before, in regard it must be a business of greater experience, and more exact observation of many Circumstances, to state that affair as it ought to be, and is, in good part done in the Miscellaneous Observations hereunto annex'd; only this use I may safely make of them, to confirm what I had before asserted, That there is Nitre dissolved in the Water of all the Baths of
Bathe
. And if this be not the thing that hath hitherto been described under that name, by the most approved Writers, I presume we may afterwards take it for a Chimerical notion, that hath no foundation in any work of Nature, but owes its subsistence to a phantastical brain.
To this may be further added; That the
Liquamen
, or
oleum per deliquium
, being closely stopt, and but heated by the fire, presently, as soon as cold, concretes into a Nitrous form; so that we need not call in the secret, and invisible assistance of the external air, to make a Metamorphosis almost as strange as those mentioned by the Poet, when we have clear, and unalterable principles of Nature, and innate propensities, and disposition in matter it self, with a divine impression, that will serve the turn.
In the rear of these Philosophical Arguments, I shall offer one (supernumerary) Grammatical, which is this; That the Salt I call Nitrous, either in the Sun, or by Candle-light, shines and sparkles very much, consonant to the Notation of the word
Nitrum
, which probably, may not be so much a Grecian, as the great Etymologist would have it, and derived
para to nizein
from its scouring, and absterging nature; as a Latinist, and so called
à Nitendo
; because it gives a greater lustre than any other Salt doth.
CHAP. V.
Of Sulphur in the Bath water
.
AS to Sulphur, the next thing to be insisted on, as contained in the Waters, I conceive that many that have endeavoured to avoid
Charybdis
, have fallen into
Scylla
, and because the ancient Authors have asserted that Sulphur was undoubtedly concern'd in all Baths, they will affirm there is none in any; but whoever builds a fabrick on this foundation, and certainly concludes, that Sulphur is not in the Bath-waters, because it cannot be discover'd by precipitation, I would have forbear a positive determination on a negative experiment, till I see Vitriol precipitated in substance from the King's Bath-water, which is acknowledg'd to be there. And if I cannot light on an apt precipitater, which every way opposeth the particles to be so discover'd, and have some other reasons to incline me to the contrary, I should not be so fond of my own con ceit, as to be prevail'd upon by a comparative instance of unflak't Lime, to wipe my own Nose, and put out my Eyes, which as far as they can, assure me to the contrary.
I shall refer the Reader to what is mention'd before concerning the Colour and Smell, in calcining the Contents of the Bath-water in general, and till I shall meet with something that will both burn blew, and give a fetid smell, that is not Sulphur, I shall so esteem that, till ascertain'd of the contrary.
I may further add, That the Sulphur is probably incorporated with the Salt, as appears by its passing with it into the Lixivium, and through papers in filtration, and not discoverable but by a strong fire, by which the body of the Salt is open'd, and a solution of the Continuum made, in order to fusion; so that if you do not precipitate both, you can precipitate neither, unless a separation of the Sulphur from the Salt be made, which, I presume, is not easie to be done, without the help of fire, by which the Sulphur is consum'd: so that the comparative instance of unflak't Lime is little to the purpose; where the Sulphur is separated, decocted, and precipitated; here not so, being not apart, but residing in a Salino-Sulphureous Salt, a piece of whose Body, as we now have it, it seems to be.
Moreover, Whereas he collects from the Bathwaters not tinging Silver yellow, but rather black, that there is no Sulphur contained in the same; I may retort, and that very justly, this as an argument to assert it. For the proper colour that Sulphur dissolved gives to Silver is not so much yellow as black, as may be easily discerned by putting any piece of Silver, but a very little while, into the de coction of Sulphur made in the water of unflak't Lime, which gives as near the colour of the Silver I have caused to lye some time near the Springs of the Bath, as may be, so that the difference is not discernable; not to mention that some yellowness is observed on the Silver tinged by the Bath.
Neither am I fully satisfied that the only, or indeed the best, precipitator of Sulphur is an acid; for on the decoction of that Mineral in the water of quick Lime (the Lixivium, though with much Sulphur, not succeeding) and very sudden change, on the affusion of Spirit of Vitriol, into a milky, and much whiter Consistence, the Liquor afterwards settled, and precipitated not as Sulphur, but Lime-stone; so that the Sulphur, although it gave a greater fetid smell, yet was not so apparently precipitated, as by Oyl of Tartar in another glass, which gave the Sulphur in proper colour precipitated, without a permanent lacteous opacity. Whereupon I made this observation, as to the present experiment, That although acids do not precipitate of this lapideous matter alone, yet if in the embraces a strong sulphurous commixture, they will, and the Lime-stone is most properly precipitated by an acid, if Sulphur be decocted with it; whereas the Body of Sulphur, decocted as before, is best precipitated by a fixt Salt, the Sulphur appearing without whiteness, in its own garb, though not so fetid as on the affusion of an acid.
It may be also noted that
S. Closseus
, in his preparation of
Lac Sulphuris
, in which the body of Sulphur is open'd with
Calx Vive
, directs the Sulphur to be precipitated with Urine.
The occasion of this mistake (seeing he pretends to give the reason of another, concerning an experiment of a like nature) I conceive to be, That the white matter precipitated on the affusion of any acid, was, without much examination, reputed wholly sulphurous, as appears from these words;
For if Sulphur be boyled in the water of unflak't Lime, the water becomes white, not by the affusion of a fixt Salt, as before, but of an acid: so that fixt Salts may dissolve Sulphur but not precipitate it
. Whereas the whiteness ariseth much from the mixture of the Lime-stone, as appears by the open confession of what is precipitated, if standing some time, filter'd, and brought to the test by fire, where the Lime-stone is discover'd, the Sulphur being rather disturb'd than precipitated by the acid liquor, which makes it give a greater fetor, but never kindly precipitates; the other precipitation with oyl of Tartar, which here, contrary to its wonted course, joyns with the Lime-stone, which it usually precipitates, and opposeth the Sulphur, is very apparent, and sulphurous beyond contradiction.
I am not ignorant, that in the preparation of
Lac Sulphuris
mentioned before, Sulphur also is precipitated by an acid, but
that fixt Salts should dissolve Sulphur, but not precipitate it
, is what I said I was not so fully satisfied in. Not to mention that the matter precipitated by a fixt Salt is white on the first affusion, though the whiteness be not so permanent, the Sulphur in a short time precipitating in proper colour.
Besides, If Sulphur be boyled in the Bath-water, and doth not tinge it with a yellow colour, I presume, it cannot thence be argu'd that there is no Brimstone there, for the colour of the water in which Sulphur is dissolved, is not so much yellow as Lixiviate, or reddish; and therefore
Schroder
gives this direction for the making that preparation of Sulphur mentioned before, that after the Sul phur and Tartar are mixed, they ought to boyl,
donec fere omne Sulphur solutum sit, liquorq; rubeus appareat
; though some addition I confess it may have from the Tartar. Yet
Closseus
, in his way of making that preparation where there is no Salt of Tartar, but, instead of that quick-Lime, which gives no such tincture of it self, hath this Note;
Coque, donec partes tres aquæ sint consumptæ, ruboremque contraxerit instar sanguinis, ex Sulphure dissoluto
.
I therefore think it no ill advice here, that they that are so much concern'd to give the reason of the mistakes of others, would a little mind to rectifie their own, and not be an
Argus
abroad, but a Mole at home.
I do also acknowledg, that I believe that the white Magistery or impalpable Powder, precipitated from the Bath-water on the affusion of Salt of Tartar, or any other analogous, or agreeable Salt, is not Sulphurous, much less Aluminous; but rather Stony, of a lapideous substance, the result of an intimate Commixture, with the body of the Waters, which may have no small influence on their fermentation, as may hereafter be more fully consider'd.
And as to what reflects on that famous Practitioner, the Ingenious and Learned Dr.
Willis
, I shall, at present, say no more than this, That observing one so pedantickly drest up in his own clothes, he ought not to be affrighted with his own shape; only this may be further noted, That whereas Dr.
Willis
had desired of me the exacter trial of that Experiment of decocting Sulphur and Antimony in the Bath-water, I well remember I return'd him something of both that was precipitated after a double filtration, and the decoction per formed in a Vessel altogether free from the season of any fixt Salt.
Yet I must acknowledg, that what was precipitated was very inconsiderable to what was decocted, and not so much as to make much alteration in the colour of the water; which may deserve their consideration who affirm, a Lime-Chalk Stone, or
Lapis calcarius
, to be contained in the Waters, and yet deny them to dissolve Sulphur, and again affirm, that Sulphur is dissolved in the water of Lime.
The same alteration of the water into a turbid milky appearance, and the precipitation by oyl of Tartar, of an insipid powder, mentioned before, was also observed in the Spaw at
Scarborough
, and Sulphur-Well at
Knaresbrough
, by
William Simpson
Doctor in Physick, as appears from several places in his
Hydrologia Chymica
, and Hydrological Essays, which he there asserts to be Aluminous, and page 118. of the latter Treatise saith;
By the addition of Oyl of Tartar this Sulphur-water turns white, and that because it is impregnated with a small quantity of a Simple natural Alom Salt
. How far Alom is concerned in that water, I shall not here dispute, but leave it to the Learned Dr.
Wittie
, whose concern it is: only thus much I can say, that the like
Phænomenon
appearing in these waters, what is thus precipitated here is not Aluminous, as hath been acknowledged by many eminent Physitians, who have seen some quantity of the precipitated powder; and was particularly noted by the ever Honoured Sir
Charles Scarbrough
, this Summer, here.
But to prevent any mis-understanding, I must acknowledg that this assertion stands on this foundation, That the white powder precipitated by oyl of Tartar from the Waters, is the same with the finer sort of what I had, in greater quantities precipitated spontaneously
per decubitum
, on the evaporation of many Hogsheads of the Water, and is now to be seen, though not altogether so white nor fine, having undergone many alterations, which being decocted in Spring-water, the water filter'd will precipitate with oyl of Tartar, as the Bath-water doth; yet if any one shall think fit to deem this Saline, and perhaps, Aluminous; he ought to consider, how any Salt can so soon by devested of the essential property of what is saline, as to be rendred perfectly insipid, when saline at first: though I do not absolutely deny, but that we may attribute, though somewhat Catachrestically, the name of Salt, to something not saline, communicating with it in some other of its properties.
I know very well that Alom dissolved in Springwater, the Water filter'd and the Salt precipitated with oyl of Tartar, will be impaired much in its saline taste; yet so much of the sowrness, and stipticity will remain, as will be sufficient to discover its nature.
CHAP. VI.
Of Vitriol in the Bath-water
.
TO pass by the Reason of the Common Artifice of tinging Silver at the Bath, what concerns the Scum, and Sal Armoniack, as of no great moment; Vitriol is, by Him, denied to be in the Cross and Hot Bath, because Galls beaten and infused in these Waters, will never turn them purple nor black, which is confessed would certainly be, if these Waters had Vitriol in them.
How true this is, a slight Experiment will soon evince, and if the Author had ever made trial, his Galls or Sight, must be worse than mine, if a purple colour did not appear.
To which may be added the Experience and Testimony of my Honoured and Learned Friends Sir
Edward Greaves
, and Dr.
Nat. Highmore
, who have both made trial, and found the Waters turn. With the former of whom I lately further observ'd, that when we had been sufficiently satisfied in the turning colour of the Hot Bath Pump-water, with less than half a pint of Water and but two grains of Galls, and had thrown away the Water and Galls, in order to the trial of something else, more of the same Water, though much cooler than when brought at first, being powred into the same glass, turn'd colour also, receiving a brisk light purple, from the remaining particles of the former infusion about the glass, though nothing of the Galls did appear at all.
'Tis also confirm'd by this, That whereas the Leaves of Oak made little or no alteration in the Water of the King's Bath, the Chips, or inner Bark of the same make rather a better purple in the Water of all the Baths, than the Galls; only the King's Bath tingeth deeper than the other two, as in all Experiments of this nature, it appears to do. The like also will happen on the Seeds of Sumach contus'd and infus'd, but with Pomegranate Flowers most apparently, so that the Water of any of the Baths affused hot on that, will presently turn purple; though the colour doth not keep so long in strength, as that which ariseth from the Oaken Chips.
These things consider'd, I conceive it no injury to the King's Bath to allow it a little Vitriol, though manifestly derogatory to the other two to deny it, since they make their claim by the same evidence, and that Judg will hardly free himself from the censure of injustice and partiality, that will not hear a poor mans Tale, but suffers an honest Cause that hath weak lungs and a weaker purse to be lost, on the louder clamours of more importunate addresses.
The truth of this Experiment being thus far call'd in question, I am the more afraid of the certainty of some others; for I remember an old Story of Mr.
Thief
in the University, that was wont to be very busie in some Booksellers Shops, and entred in the Shop-Book under that name, whoever therefore was taken in the fact but one time, was oblig'd to quit the whole score, on this account, That he that was really convicted once, might commit the same thing five, ten, or twenty times before, and therefore he the man from whom all was requir'd.
The Metallick Mineral, so called, hath nothing Metallick contained in it; and if this be so easily, by the air, converted into Vitriol, 'tis very strange we have not yet had any Houses of Vitriol, which surely have endur'd the air long enough to experience a Transmutation.
As for the Sand breaking out with the Springs in which Vitriol is supposed to lye undissolv'd, as was mentioned before, if there were no better arguments for Vitriol than this, I shall not stick to say, that he that depends on this, builds at best but on a sandy foundation.
That the purple colour appearing from the mixture of the Sand of the Bath, with the infusion of Galls, may not arise from the tincture of Vitriol, seems more than probable by this Experiment. I have formerly declared, that the Sand of the Bath may be so far corroded with an acid Menstruum, as not to ferment any longer, but lye quiet in the bottom of the glass without any motion at all; now, this Sand on the affusion of Common Water gave an excellent purple, when 'tis not likely that any thing saline should remain, after so many washings and reaffusions, as are requisite to reduce the Sand to that condition. Moreover 'tis considerable, the infusion was not acid, nor any way alter'd from its common tast. But this Experiment I made but once, and had not an opportunity of repeating it again.
'Tis likewise more observable, That after some hours standing, a purple floccous matter did spontaneously precipitate, upon which there being a clear separation, the Water return'd to its pristine colour, and the floccous matter subsided in the bottom of the glass, which being filter'd
per Chartam
, and examin'd, was perfectly insipid, and not at all Vitrioline.
Besides, On the Calcination of half a pound of the Sand, when the Crucible was as red and the Sand as hot as usually it is when the Salts do run, the Sand powred out glowing hot, nothing saline was observ'd to concrete among it, which it would certainly do, if any fusible Salt were there, as in other Calcinations it appears to do.
I therefore rather judg it to proceed from an insipid but astringent Ochre, such as is mentioned by
Fallopius
, which lying some time in the open air, becomes more sowr than when taken out of the Bath, which may occasion the difference between the Sand newly taken, and that which is kept some time; the Ochre it self infus'd making the liquor much blacker after some standing, as is more fully declared in the following Chapter.
De Met. & Foss. c.
35.
de Ochra.
CHAP. VII.
Containing a farther Proof and Illustration of the former particulars
.
TO make this a little clearer; 'Tis an easie Experiment to powr warm water on the Sand, in what proportion you please, which if kept some time will alter the water in which it is infus'd, into a yellowish or amber colour: when the water is impregnated very well, mix some of this with the infusion of Galls, and presently an atropurpureous colour will appear, in which if you infuse white paper but a very little while, you will quickly be satisfied what colour it will tinge. Now, if this infusion be permitted to cool, the Ochre will precipitate, leaving the water somewhat yellower than in it self it is, to which it also communicates a harsh tast, and at last settles on the top of the Sand, from which it may be separated by decantation. The contrary happens to the Sand newly taken, in which the Ochre clogg'd with too much moisture cannot shew it self, as when older, and more dry. So that I see no reason or necessity, from this
Phænomenon
, to assert the existence of Vitriol in the Sand of the Bath, otherwise than as it hath relation to this astringent Ochre, which I do believe receives this tinging property by the impression of Vitriol, this being in all probability, as is noted elsewhere, the
Terra Vitrioli
, or Earth, in which the Vitriol is contain'd before exhalation; as I conceive, the Marl or Mud is the bed of Sulphur, or the
Terra
, to which that Mineral doth more nearly adhere.
And that 'tis this yellow matter that occasions the alteration, may be further evident from this; That after the first decanting, if the Ochre be powred all off, and warm water affused on the Sand again, and that infusion mixed with the infusion of Galls, no change of colour will ensue. To which may be added, that the Ochre it self kept some time, and infused in the decoction of Galls, will, after lying a pretty while, turn that Liquor into a much blacker appearance.
I shall end this dispute with the observation of one
D.
Simpson
, who affirms, That Artificial Alom will not with Galls strike a purple colour, but the Natural Alom with its inbred Ochre, will; ascribing more to the Ochre than the Alom. So that this may be the end of that Controversie about Alom and Galls tinging Water purple, That Alom, as Alom, doth not tinge, but as in conjunction with this inbred Ochre, or as Vitrioline; for between Vitriol and Alom there are many resemblances, and a worthy Author hath observed, that the Basis of Vitriol is Alom, both these being much alike, but that Vitriol hath a garb from Copper or Iron, which in the Ochre gives the tinging quality, the Alom, as distinct from Vitriol, contributing nothing at all.
Jord.
Nat. Bath.
chap. 7. p. 52.
If any shall affirm this Ochre to be Vitrioline, I have not deny'd it, having formerly supposed it might be
Terra Vitrioli
; but what I here question is, whether any Vitrioline saline body, different from the Ochre, be contained in the Sand, or can lye undissolved there.
'Tis very remarkable what is said, That if the Sand of the Bath, impregnated with an acid Liquor, be put into the infusion of Galls, the Liquor acquires an atropurpureous colour; and no wonder, since the acid Liquor may do much alone, as may be seen in the mixture of Vinegar, with the decoction or infusion of Galls, which supplying in some measure the place of Vitriol, by a kind of analogy inclines the infusion to an inky complexion.
And as for the Metallick Mineral contained in the Sand, which on the affusion and corrosion of an acid Menstruum, will in part be converted into Vitriol, I have said before that 'tis nothing else but a Common Freestone, a Mineral, I confess, but how far Metallick, I leave to the judgment of the men of that Art.
For a partial satisfaction in this thing; if the sharpest Vinegar be powred on the Sand in one glass, and on Freestone in another, the same fermentation will appear for the present, and the same blewish colour of the infusion afterwards upon Corrosion; so that it much resembles the colour and smell of the saturated Liquor, on the affusion of Vinegar on the filings of Iron. But whether this be a sufficient argument to dub it Metallick, I shall be better satisfied, when I am convinced of this, That Truth hath never suffer'd by meer Resemblances.
But that it may appear that I desire to proceed in this Affair with all ingenuity and freedom from animosity, unless what will seem necessary to discover truth; I shall here recite a Passage out of Dr.
Wittie's
Answer to
Hydrologia Chymica
, leaving how far it may be applicable to the saline Stiria's mentioned before, to the judicious Reader and further observation.
The Candid Doctor,
pag.
63. among other Preparations out of the Minerals of the Spaw at
Scarbrough
, made by Mr.
Sam. Johnston
, a Physician at
Beverly
, and by him communicated to the Doctor, makes mention of
an Essential Salt, which Mr.
Johnston
calls
Anomalous,
or
sui generis
,
as differ ing much from the factitious or natural kinds of Alom, Vitriol, or Nitre, though in some properties it agree with each of them
.
The Reason of this Scruple, he adds, is this, which
Paracelsus
hath clearly made out, That here they are not corporally, but
I suppose, the Doctor doth not mean, that what is percolated hath no body or substance, but only that 'tis more refin'd.
percolated, not perfect in their several kinds, but
in suo primitivo
, not single, but all mixed together, which as yet I could never attain to separate. And therefore this Salt is nothing so acid as Vitriol, nor stiptick as Alom, nor inflammable as Nitre, notwithstanding it doth shoot in
Stiria's
. I'le only add this, That they are all here, though
in fractis, imminutis, & debilitatis viribus
, and the virtues of the Waters to be judged from them all.
To which I shall only subjoyn this Remarque, That the Nitre, undoubtedly here, being allay'd with the mixture of some other Salts, could not be expected to do altogether as sincere Nitre doth, and the best way, I conceive, to discover the distinct natures in this
Compositum
, had been to have attempted a separation by frequent Calcinations, Dissolutions, and Coagulations, which, if done, I much admire the several Salts did not appear in proper form, as they did in the anomalous Salt of these Waters, subjected to the same way of trial: and then I somewhat question, whether Alom would have deserved so much favour, as the Doctor's good nature hath allow'd it here.
I shall forbear, at present, to trace this Author or follow his track any further, as also to examine his Opinion, concerning the Cause of the Heat of the Bath-waters, till my Treatise, in the same language he hath written in, be presented to the World; only thus much I shall say now, That I conceive an
Hypothesis
founded, though not on a subterranean fire, yet on things under ground, may probably give more satisfaction than some airy notions, considering especially, that nothing external to the Body of the Earth, can in reason be supposed capable of reaching these Waters, but rather somewhat included in its own Bowels, which may be near at hand, of an active, even, and durable nature; when, to say no more, nothing is more variable than the air, nor unconstant than rain.
I shall also distinguish the whole bulk of what relates to the Body of the Waters, into things Saline, and
non
-Saline: the former I shall endeavour to evince to be
Nitre, Common Salt
, and
Vitriol
; the latter, to be partly unctuous, as
Bitumen
and
Sulphur
; partly gritty, as
Freestone
; and partly earthy, as
Marl
and
Ochre
. I shall likewise examine what pretences Alom can make, and further discourse of the difference between that and Vitriol: and lastly, enquire into the competition of
Lapis Calcarius
with Freestone; so that the Bathwater will have relation to, or comprehend in its largest extent, eight distinct Substances, at least according to my Observations, which will be the business, God willing, of the first Book of my Treatise
De Thermis Bathoniensibus,
viz.
de Aquarum Principiis, una cum earundem appendiculis, nimirum, Arena, sive Sabulo, Luto, & supernatante uligine, sive Spumâ
. The second Book shall treat
De Aquarum Calore
. The third
De usu Thermarum; ubi de modo Balneandi; de Aquarum potatione; de Antliatione jam in usu loco dulciæ, aut Stillicidii Veterum; de usu Luti
, &c. The fourth and last Book, I intend, shall be
De Aquarum Virtutibus, & Nocumentis, observationibus quibusdam rarioribus, quantum res ipsa patitur confirmatis
: Which Emoluments and Inconveniences shall be both evidently deduced from the precedent Principles, the one re commended, the other provided against. But this will require some time; for I am willing to prevent that fault in my self, which I find in another, and would not have it justly said of me,
Canis festinans cœcos parit Catulos
.
EXPERIMENTS AND Considerations ABOUT THE Porosity of Bodies, IN TWO ESSAYS.
By the Honourable
ROBERT BOYLE
, Fellow of the Royal Society.
LONDON, Printed for
Sam. Smith
at the
Prince's Arms
in S.
Pauls
Church-Yard. 1684.
TO THE READER.
THe Reader is to be advertis'd, not to expect in the following Essay a Regular, or so much as a Coherent, Discourse. For it was intended only as a collection of loose Experiments and Observations about the Porosity of the parts of Bodies belonging
(
as Chymists speak) to the Animal Kingdom, and laid (not to say thrown) together, in order to what I had thoughts of offering, towards an Intelligible account of Occult Qualities. I am not ignorant, that even one of the most ancient and famous of Physicians hath said, that a mans body is (almost) every where perspirable. But I judg'd that a Doctrine of such moment, and which diverse things in the Theory and Practice of after Physicians may make one think they either disbelieved or disregarded, did not deserve to be slightly deliver'd, and in general terms, but to be more narrowly considered, and likewise made out by Particular Instances, whose applyableness and usefulness to explain divers obscure
Phænomena
, may hereafter appear much greater, then perchance at the first sight they will be thought.
And the foregoing advertisement, with a light change, which 'tis presum'd the Reader may easily make of
himself
, is to be extended to the Essay tacked to this
about the Pores of Solid Bodies
, and so may excuse the absence of a distinct Preface to it.
An Essay of the POROUSNESS OF
ANIMAL BODIES
.
AS the most numerous part of the Pores of Bodies is too minute to be seen, so the Contemplation of them has been thought too inconsiderable to be regarded. But when I consider, how much most of the Qualities of Bodies, and consequently their operations depend upon the structure of their minute, and singly invisible, particles, and that to this latent contexture, the bigness the figure and the collocation of the Intervals and Pores do necessarily concur with the Size, Shape and Disposition or contrivance of the substantial parts I cannot but think the Doctrine of the small Pores of Bodies, of no small importance to Natural Philosophy. And I scarce doubt, but if such little things had not escaped the sight of our Illustrious
Verulam
, he would have afforded a good Porology (if I may so call it) a place, (and perhaps not the lowest neither,) among his
Desiderata
.
And,
though
other imployments and avocations hinder me from attempting to treat of this subject as amply and particularly as it deserveth, or even as I had design'd in a Scheme drawn diverse years since, and seen by some
Virtuosi; Yet
, not to leave apart of Physicks, that seems to me so curious and important, altogether as uncultivated as I found it; I shall present you as many of the Notes I had drawn together about this subject, as I can conveniently (for I do not pretend to do it methodically) reduced to three heads: Whereof the first, which will challenge to it self this present essay, is the
porosity of Animal Bodies
, about which I shall not be solicitous to marshal my observations, since they all conspire to shew but this one thing; That the parts of Animals, especially whilest these are alive, are furnished with numerous Pores.
Those parts of the Bodies of Animals, wherein their porosity may be best shewn seem to be their Membranes or Skins, the Bones, the Flesh, and Coagmentations of Membranes, Flesh and Juices. And therefore it would be proper enough to treat of these Heads distinctly, and give Instances of each of them in particular. But yet I think it will be more convenient, to set down in order the principal Fountains, whence the Porousness of the substances belonging to the Animal Kingdom (as the Chymists speak) may be derived, and to annex to each of these the Experiments and observations, upon which I argue from it, and which it will be easy to refer, if that be thought fit, to this or that of the parts above mentioned (namely the Membranes, Bones,
&c.
) whereto they shall (respectively) appear the most properly to belong.
CHAP. I.
THe first thing from which I will deduce the Porosity we have been speaking of, is, the Frame or Constitution of the stable Parts of the Bodies of Animals. For the Body of an Animal being not a rude and indigested lump of matter, but a curious engine, admirably framed and contrived for the exercise of several Functions as Nutrition, Generation, Sensation, and many differing local Motions, it was necessary that it should be furnished with variety of Dissimilar and Organical parts not only very Skilfully, but very differingly, contrived congruous to the several uses for which they were designed, or if you please, to the several Functions they were to perform. And, because 'twill be easily granted, that the Corpuscles, that are skilfully brought together for such purposes, must be so contexed as not to touch one another exactly every where, it will readily follow that they must leave little Intervals or Pores between them, and that, considering the multitude of particles that must go to the making up the Body of the Animal, and the great difference and variety in point of bigness and figure of the Corpuscles that are requisite to contex such differing parts, as Membranes, Fibres Bones, Grizles, Ligaments, Veins, Arterys, Nerves,
&c.
Both the number and the variety of the Pores cannot but be very great. This argument will be much confirmed, by what there will be occasion to say further to the same purpose, in the Essay touching the Porosity of even Solid Bodies. Wherefore I shall now proceed to the Second thing, whence we may derive that of Animal Substances.
CHAP. II.
THis is afforded us by considering the Nutrition of Animals. For there being continually a great waste made of their substance, partly by the exclusion of visible excrements, and partly by the avolation of
invisible
steam, this great loss must necessarily from time to time be
repaired
by the supplies afforded by Nutrition of which the best, if not the only Intelligible, way of giving an account, is, to conceive that the alimental Juice, prepared chiefly in the Stomach is impelled or attracted (for to our present purpose it matters not which) to the parts of the Body that are to be nourished by it, and the Corpuscles of the juice insinuate themselves at those Pores they find commensurate to their Bigness, and Shape; and those that are
most
congruous, being assimilated, add to the substance of the part wherein they settle, and so make amends for the Consumption of those that were lost by that part before. This may be illustrated by what happens in Plants, and especially Trees, in which, of the various Corpuscles that are to be found in the liquors, that moisten the Earth, and are agitated by the heat of the Sun and the Air, those that happen to be commensurate to the Pores of the Root, are by their Intervention impelled into it, or imbibed by it, and thence conveyed to the other parts of the Tree in the form of Sap which passing through new strainers, (whereby its Corpuscles are separated, and prepared or fitted to be detained in several parts) receives the alterations requisite to the being turned into Wood, Bark, Leaves, Blossoms, Fruit,
&c.
But to return to Animals, our argument from their Nutrition will be much confirmed, by considering, that in Children and in other young Animals, that have not yet attained their due Stature and Bulk, the Nutrition is so copious as to amount to a continu'd Augmentation. For, as 'tis evident that Animals grow in all their parts, and each part according to all its Dimensions, in so much that even the cavities of Bones increase; so we cannot well conceive how this can be done, unless the Nutritive liquor be distributed through the whole Body of the part that is to be nourished and augmented. And to this distribution 'tis requisite that the Body abound with Pores into which the congruous particles of the Juice may be intimatly admitted, & penetrating even into the innermost recesses, may place or lodge themselves in the manner that is most convenient for the Natural Increase of the part. But the more particular Declaration of this Process I leave to Anatomists and Physicians.
CHAP. III.
HAving premis'd once for all, that in this Essay, I often use the word Skin in the lax and popular sense of it, without nicely distinguishing the
Epidermis
or
Cuticula
, called in English the
Scarf-skin
, from the
Cutis
it invests and sticks closely to; I shall proceed to another Topic, whence the Porousness of Animals may be argued, namely, the great plenty of matter that is daily carried off by Sweat, and insensible Transpiration. For, 'tis confest that Sweat is discharged at the Pores of the skin; and since there is no penetration of Dimensions, we may safely conclude, that the matter that is not wasted by Sweat, or by any other sensible way of evacuation, must have small Pores or out-lets in the Skin, at which it may issue in the form of steams; though nothing hinders but that invisible
Effluvia
also may evaporate at the same Pores with the Sweat, though for want of plenty or grossness, or a fit disposition in the ambient, those
Effluvia
be not at the Orifices of those pores brought into little Drops, such as those of sweat.
That therefore the Skins of a multitude of Animals, though they seem close to the eye, may be porous, may (as we have been saying) be argued in many of them from their sweating. But because all of them have not been observed to sweat, as is wont to be particularly affirmed of Dogs, we shall add some other Instances to make it probable.
We may sometimes, in the smooth skin of a living man, discern Pores with good Microscopes, and, with one that is none of the best, we may easily on the inside of gloves, which are made but of skins drest, discern good store of these little out-lets: Sometimes orderly enough ranged to make the sight not unpleasant. And though some of them may, I think, be suspected to have been made by the Hairs that grew on the skin before 'twas drest, yet that greater numbers of them, than can be supposed to come from thence, are perforations that pass quite through the Leather, may, not improbably, be shewn by the usual Practice of Chymists, to purify Quick-silver by tying it up strictly in a piece of kids or sheeps Leather, and then wringing it hard to force it out; by which means the lower surface of the Leather will be covered with a Mercurial Dew or Sweat which will fall down and fly out, as the Pores happen to open this or that way, in a thick shower of globules, leaving the dross behind in the Leather. And tho when a mans skin is tanned it is of a greater thickness then one would expect, and that which I employed seem'd almost as thick as a Buck skin Glove yet having had the curiosity to try the same Experiment with the skin of a mans Arm, I found the Quick Silver would be squeez'd out at the Pores of that also. 'Tis not necessary that I should here inquire, whether the little holes, unperceiv'd by the naked Eye, at which the Sweat is discharged, and perhaps the matter that the Body looses by insensible transpiration gets out, be not, at least most of them, the Orifices of small excretory vessels, belonging to those very numerous glandules which the excellent Anato mists
Steno and Malpighi
are said to have discovered beneath the
Cuticula
, and which for their smalness and shape have been called
Glandulæ miliares
. I need not, I say, engage in this inquiry, since according to this ingenious opinion also, the Skin must be allow'd a multitude of small Perforations or Pores, and that is sufficient for my purpose, from whencesoever this Porosity proceeds in a mans Skin. For the next observation will shew that some membranes of Animals may give passage to transpir'd matter without being perforated by the excretory Vessels of Glandules.
The Membranes or Skins under the shells of Hens Eggs, though they be very thin, are of a Contexture very fine and close as may be confirmed by their resisting the sharp Corpuscles of Vinegar; and yet, that not only these Skins, but the shells that cover them, are porous, may be inferred from the Experiments I made, of keeping them suspended for a good while, and carefully counterpoised in good scales; for by these it appeared, that the Eggs did from time to time manifestly lose in weight; which could not reasonably be imputed but to an invisible Transpiration, the rather, because usually in eggs that have been kept long, there will be at one end a cavity which is wont to increase with their age, and is made by the shrinking of the Membrane from the Shell, to accomodate it self to the diminished quantity of matter, that remains to be involved by it.
When I consider the plenty of matter, that is wont to be discharged daily by insensible Perspiration, especially in Healthful men that exercise themselves moderately, I cannot but think it probable, that the minute Pores, that suffice for the carrying off so much matter, are very numerous, and are much more so than even by the multitude of drops of sweat, that serve to wet the skin, men are wont to imagine. For
Sanctorius
in his excellent little Tract
de Medicina statica
affirms, that what is barely car ryed off by insensible transpiration does ordinarily amount to more, that is, diminishes more the weight of a mans Body, than all the visible excrements (whether gross or liquid) put together.
Aph. vt.
He adds, If the meat and Drink, taken in one day, amount to the weight of eight pound, the insensible Transpiration ordinarily amounts to five pounds or thereabouts. And elsewhere says, that sometimes in the space of 24 hours, in the Winter time, a healthy Body may exhale fifty ounces or more. And some Tryals, that I have carefully made upon my self, added to some others of a very curious as well as great Prince, that made use of a like instrument, & did me the honour to acquaint me with the events, gave me no cause to reject
Sanctorius
's observations, considering the difference in point of heat, between the climate of
Italy
, where he writ, and that of
England
, where ours were made; only I fear, there has been committed an oversight by those many that ascribe all the decrement of weight, that is not referrable to the grosser Excrements, to what transpires at the Pores of the visible parts of the skin, without taking notice of that great plenty of steams that is in expirations discharged through the Windpipe by the Lungs, and appear manifest to the Eye it self in frosty weather; though they may be presumed to be then less copious than those Invisible ones that are emitted in Summer, when the ambient Air is much warmer. But
though
I look upon the Windpipe as the great Chimney of the Body in comparison of those little Chimneys (if I may so call them) in the Skin, at which the matter that is wasted by perspiration is emitted,
yet
the number of these little vents is so very great, that the fuliginous Exhalations that steal out at them, cannot but be very considerable. Besides that, those that are discharged at the
Aspera Arteria
, do probably, at least for the most part, issue out at the latent Pores of the Membranes that invest the Lungs; which membranes may be lookt upon as external parts of the Body, in reference to the air, tho not in reference to our sight. But, to return to our Eggs, we may safely allow a very great evacuation to be made at the Pores of the skin in man, who is a sanguineous and hot Animal, since we see that even Eggs, that are still actually cold, transpire. And I elsewhere mention the copious transpiration even of Frogs, that are always cold to the touch; and the Decrement in weight of some Animals, soon after they are strangled or suffocated, when, their vital Heat being extinct, no more fumes are emitted by expirations at the wind-Pipe: To which signs may be added the trivial experiment of holding in warm weather the palp of ones Finger, as near as one can without contact, to some cold & solid smooth body, as to a piece of polished Steel or Silver; for you will often times see this Body presently sullyed or overcast, with the invisible steams that issue out of the Pores of the Finger, and are by the cold and smooth surface of the Body condensed into visible steams, that do as 'twere cloud that surface, but upon the Removal of the Finger, quickly fly off, and leave it bright again.
The Perviousness of the skin outwards may not improbably be argued from the quickness wherewith some Medicines take away some black and blew Discolorations of the skin, that happen upon some lighter stroke, or other contusions. For, since these preternatural and unsightly colours are wont by Physicians to be imputed to some small portions of blood, that upon the contusion is forced out of the capillary vessels that lye beneath the surface of it, & being extravasated are obliged to stagnate there; it seems very likely, that if a powerful Medicine do quickly remove the discoloration, that work is performed by attenuating, and dissolving, and agitating the matter, and disposing it to transpire through the cutaneous Pores, though perhaps, when 'tis thus changed, some part of it may be imbibed again by the Capillary Vessels, and so by the circulation carryed into the mass of Blood. Now, that there are Medicines that will speedily work upon such black and blew marks, the Books and Practice of Physicians and Chirurgeons will oblige us to admit.
Helmont
talks much of the great vertue of white Briony root in such cases. And a notable Experiment made a while ago by a Learned acquaintence of mine in an odd case, did not give
Helmont
the Lye. And I know an eminent Person, who having some while since received a stroke, by a kick of an Horse, on his Leg, a very threatning contusion, which made the part look black and frightful, he was in a few hours cured of the pain of the hurt, and freed from the black part of the Discoloration by the bare application of the chopt leaves of Hissop mixt with fresh Butter into the form of a Pultess.
Nor is it only the Skin that covers the visible parts of the body that we judg to be thus porous, but in the Mem branes that invest the internal parts, we may reasonably suppose both numerous and very various Pores, according to the exigency of their peculiar and different Functions or Offices. For, the two first causes of Porosity mention'd in this Essay, are as well applicable to the Membranes that cover the internal parts, as the Liver, the Spleen,
&c.
as to the external Skin, or Membrane that covers the Limbs; and in some respects the transpiration through such Pores seems more advantaged, than that through the Pores of the surface of the Body; since the parts that environ the Spleen, Liver, Kidneys,
&c.
in man, are hot in comparison of the ambient Air, and being also wet, which the Air is not, the laxity of the Pores of the internal parts is doubly befriended. And perhaps it may be allowable to conceive, both the Skin that covers the Limbs, and the Membranes that invest the internal parts of the Body, to be like worsted stockings, Wast-Coats,
&c.
Which in their ordinary state have a kind of continuity, but upon occasion can have their Pores every way enlarged and stretched, in this or that manner, as the Agents that work on them determine them to be. This may be confirmed, by what we manifestly see in the finer sort of leather, as that of Kid or Lamb, and by the latent Pores that may be opened in Sheeps Leather, and mans Leather, by the pressure of included Quick-Silver.
This Porosity of a living mans Skin and other Membranes, though internal ones, will the more easily be assented to if it appear that such thick and gross Membranes, as the urinary bladders of dead Animals, are Porous and Penetrable even by Water. This we tryed, by putting some salt of Tartar in a clean well dryed bladder (which ought to be afterwards tyed up close in the neck, lest the effect should be ascribed to the moist Air) and leaving the lower part of the bladder as far as the Salt, reached immersed in common Water, whose parti cles by degrees insinuated themselves into the Pores of the bladder, in plenty enough to resolve the Salt of Tartar into a liquor. And, that it may not be said that the Acrimony of the Salt, by fretting the bladder, made way for the Corpuscles of the Water, I shall add that the Experiment succeeded, but much more slowly, when we tryed it with Sugar instead of Salt of Tartar. And there are some, who pretend that certain Syrups made this slovenly way, which they would have pass for a secret, are very much preferable to those made of common Water.
That the films that line the shells of Eggs are of a very close Contexture seems probable, as by other things, so by their resisting some liquors, sharp enough to corrode the shell, and yet that such Membranes are pervious to Liquors that are none of the most subtile of all, we found by the ensuing Experiment. This was made by taking an ordinary Hens Egg, and keeping it for two or three days in distill'd Vinegar, or in strong crude Vinegar. For then taking it out of the Liquor and wiping it well, it was visibly, and not inconsiderably, swell'd, which I concluded to be from the ingress of some particles of the liquors, at the Pores of the Skins that invest the White of the Egg. For we found nothing broken, though we made the Tryal more than once. And to be satisfied that the manifest expansion proceeded from some other cause, than the meer dilatation of the White, or Yolk, or both, we compared the weight of the Egg, after it was taken out and well wiped, with that which had been taken before 'twas put into the
Menstruum
, and found the Egg, notwithstanding the loss of the Shell, to be considerably heavier than 'twas before its immersion.
I shall add on this occasion that by a more unlikely way than that newly recited, both the Egg, Shell and Lining of an Egg, may be penetrated. For, notwithstanding the fine and close contexture of the Membranes, that invest the Eggs, the
Chineses
have a way of Salting them in the shell, as I have been assured both by English and Dutch Merchants trading to the East
Indies
. And in one of the Dutch Journals sent by the Council of
Batavia
to their Principals in
Holland
, and intercepted by an English man of War, I met with divers accounts of great numbers of salted Eggs, that were such or such a day of such a Month brought in by Sea to
Batavia
or other Ports. Long after which time, meeting with an ingenious Physician, that liv'd in
Batavia
, I learned by enquiry from him, that 'tis very true that such Eggs are frequently met with in those parts; he having divers times eaten of them there; some that he judged to have been either boyled or roasted, before they were salted; and others that were raw, when they came to be dressed for him, but yet remained a Briny tast. And, though the Merchants I enquired of could not tell me what way the
Chineses
employed to Salt their Eggs, without making them unfit for common use, yet by a tryal made with clay and Brine, in which I kept the Eggs for a competent time, I was perswaded that 'twas possible the
Chineses
should have the Art ascribed to them. For upon the breaking of an Egg coated with clay, after it had lain for a competent time in Brine, I found its Tast considerably Salt, but was, by I know not what accident, hindered from prosecuting the Experiment, and endeavouring to make it more practicable and useful.
I knew a Physitian of more learning than vertue, who, being tormented with a violent and obstinate Colic of a peculiar kind, was wont to relieve himself by Clisters of Sack; thô he usually found that not long after he had taken any of them, they would make him giddy, and fuddle him, as he himself confessed to me. But upon this Instance I lay not much weight, and less upon what was answered me by a great Chirurgeon, who having practised his Art in the
West-Indies
, and being asked by me whether he had not dressed Wounds and Ulcers with the recent juice of Tobacco (a plant I use to keep growing in my Garden for its excellent vertues in cuts, burns, and tumors;) and whether, if he employed it, he did not find it emetick, he told me among other things, that having Divers times dressed with this Juice a small Ulcer in a Womans leg, the patient soon after the application would grow sick, and have her stomack turned, or actually vomit. But, as I was saying, on this instance I lay no stress, because the Corpuscles of the Tobacco might probably enough get in at the small Orifices of some corroded Vessels, and so be conveyed inwards, rather by the help of the Circulation of the blood, than on the account of the porousness of the Parts. And therefore I shall rather mention what has been related to me, by an eminent Physician of the famous Colledge of
London
, namely, that he had divers times given himself a vomit, by a certain application of decocted Tobacco to his wrists, and some other external parts; which brings into my mind, what is affirmed to have been observed in some Children that have scabb'd Heads, who have been made Drunk, by the application of Clothes or spunges wetted in Infusion of Tobacco, or of strong Liquors, and applied to the part affected. Though in this case the inebriating Particles may be suspected to have got in, not at the meer Pores, but rather at the Orifices of the Capillary Vessels, that were made accessible by such little solutions of Continuity, as are seldom wanting in scabbed Heads.
That Children may be purged by outward applications is asserted by some Physicians; and an experienced Person of that number has affirmed to me, that he can almost constantly do it by a Plaister. But 'tis more considerable what was related to me by an eminent
Virtuoso
, who being indisposed to believe such things a while before he told me the story, was desired by a curious Person to shew him his Hand which the Relator having done the other took it in his hand, which was moistened (as was afterwards confessed) with a kind of subtile Chymical Oil, but so slightly, that the Relator scarce minded it, till some time after when he found himself prest with a motion, like that which a purge would have given him; for the other thereupon smiling, my acquaintance began to suspect what the matter might be, and was in a short time purged four times, without griping, or other pain or discomposure. But to return to the Porousness of Membranes, it may serve to make way for your admitting it, to observe, that
though
Lute-strings be but Ropes of Fibres (which are at least the chief parts that Membranes consist of) dead, cold and stiff,
yet
when the lute is in tune they will sometimes in wet weather swell so forcibly as with noise and violence to break, which proceeds from the copious ingress of moist vapors into their Pores, whereby they are not only shortened, but as I have tryed in nice scales, made manifestly heavier.
The Porosity of the internal parts of Animals by both the foremention'd ways (
viz.
of emission and reception of Corpuscles,) may be confirmed by the things that happen in some of the
Metastases
or Translations (as the Physitians call them) of the morbifick matter in diseased Bodies. 'Tis known to them that are any thing conversant with Hospitals, or the observations of Physicians, that there do not seldom occur in Diseases sudden Removes of the matter that caused them, from one part to another according to the nature and functions of which, there may emerge a new Disease, more or less dangerous than the former, as the invaded part is more or less noble. Thus oftentimes the matter, which in the sanguiferous Vessels produced a Feaver, being discharged upon some internal parts of the Head, produces a
Delirium
or
Phrenitis
; in the latter of which I have somewhat wondered, to see the Patients Water so like that of a Person without a Feaver; the same
Febril
Febrile matter either by a deviation of Nature, or medicines improper or unskillfully given, is discharged sometimes upon the
Pleura
, or Membrane that lines the sides of the Chest; sometimes upon the throat; sometimes upon the Guts; and causes in the first case a Pleurisie, in the 2d a Squinancy, and in the third a Flux, for the most part dysenterical. But, because I suppose, that many, if not most, of these translations of peccant humors, are made by the help of the circulation of the Blood, I forebore at the beginning of this Section to speak in
general terms
, when I mentioned them in reference to the Porousness of the internal parts of the Body, and contented my self to intimate, that
some
of them may serve to confirm that Porosity.
This will not perhaps seem improbable, if we consider that 'tis in effect already proved, by the same arguments by which we have shewn, that both the Skin and the internal Membranes are furnished with Pores, Permeable by Particles whose Shape and Size are correspondent to them. For we may thence probably deduce, that when a morbifick matter, whether in the form of Liquor, or of exhalations, chances to have Corpuscles suited to the Pores of this or that part of the Body, it may, by a concourse of Circumstances, be determined to invade it, and so dislodge from its former receptacle, and excite Disorders in the part it removes to.
CHAP. IV.
ANother thing whence the Porosity of Animals may be argued, is, their taking in of
Effluvia
from without. For these cannot get into the internal parts of the Body, to perform their operations there, without penetrating the Skin, and consequently entring the Pores of it.
Now, That things, outwardly applyed to the Body, may without wounding the Skin, be convey'd to the internal parts, there are many things that argue.
And first, it has been observed in some Persons, (for all are not equally disposed to admit the action of particular Poysons) that
Cantharides
, being externally apply'd by Chyrurgions or Physicians, may soon, and before they break the Skin, produce great disorders in the Urinary Passages, and sometimes cause bloody Water. And I remember, that having once had a blistering Plaister, applyed by a skilful Chyrurgion between my shoulders, though I knew not that there were any
Cantharides
at all mixt with the other Ingredients, yet it gave me about the neck of my Bladder one of the sensiblest pains I had ever felt, and forced me to send for help at a very unseasonable time of night.
The Porousness of the Skin may be also argued from divers of the effects even of Milder Plaisters. For, though some Plaisters may operate as they closely stick to the Skin, and hinder Perspiration from within, and fence the part from the external cold; yet, twill scarce be denied, that many of them have notable effects upon other accounts, whereof none is so likely and considerable as the copious ingress of the Corpuscles of the Plaister, that enter at the Pores of the Skin, and being once got in, act according to their respective Natures & Vertues. The like may be said of Ointments, whose operations, especially on Children (whose Skin is ordinarily more soft and lax) are sometimes very notable. And I have known considerable things performed by them, in an internal Disease of grown men, where I should scarce have expected a Vegetable Ointment should perform so much: I say, a Vegetable Ointment, for 'tis vulgarly known that by Mercurial Ointments Salivation may be excited; and sometimes, against the Physitians will, the Corpuscles of the Quick Silver get so far into the Body, that he is not able to get them out again.
What we lately said of Plaisters, may be applyed to those that Physitians call
Pericarpia
, or Wrist-bands: The better sort of which, though sometimes ineffectual, are oftentimes successful in stopping Fits or Agues, as I have frequently found in a mixture, elsewhere mention'd, of Currans, Hops, Baysalt well beaten together, by which, by Gods blessing, many, and I among others, have been freed from simple Tertians, and either double Tertians or Quotidians.
The Argument of the Porosity of Animals, drawn from those things that get in through their skins, without breaking or wounding them, may be much strengthned, if it can be made appear, that those Physitians do not deceive us, who ascribe sensible Operations and Vertues, to things externally applyed, in so loose a way, that they do not so much as stick to the Skin, or perhaps immediately touch it; such as some call
Periapta
and
Appensa
; divers of which are best known among us, by the name of Amulets; such as are the Quills containing Quick-silver or Arsenick, that some hang about their necks, and wear under their Shirts, against the Plague and other Contagious Diseases; and the Bloodstones that others wear against Hæmorrhages; and the stone which the Women use in the
East Indies
, for a quite contrary effect, in
Obstructione Mensium
. That many of these external Medicines, answer not the promises of those that extol them, having some of them no sensible operation at all, and others no considerable one, experience has assured judicious observers; but that some of them, especially on some Patients, may have considerable, not to say admirable, operations, I confess my self by other motives, as well as Authority, to be perswaded. Having been one summer frequently subject to bleed at the Nose, and reduced to imploy several remedies to check that distemper; that which I found the most effectual to stanch the blod, was some moss of a dead mans Scull (sent for a present out of
Ireland
where 'tis far less rare than in most other Countrys) though it did but touch my skin till the herb was a little warm'd by it. And though I remember not that I have known any great matter done to stop Hæmorrhagies by the bare outward application of other Blood-stones; yet of one that look'd almost like an Agate, I admired the effects, especially upon a young and extraordinarily Sanguin person. To which I shall add a memorable thing, communicated to the experienced
Zwelfer
by the chief Physitian of the States of
Moravia
.
If one would see this passage at large he may find it at the end of the Essay
.
For this learned man whom he extols for a great Physician and Philosopher; assures him, that having prepared some Trochischs of Toads according to
Helmonts
way, (which I remember I also was solicitous to prepare, but had not occasion to make tryal of their vertue,) he not only found, that being worn as Amulets they preserved him and all his Domesticks, and Friends, from the Plague (though he daily visited the infected) but that having caused these Trochischs to be put upon the Plague sores of several persons, none of them died, but the venom of the pestilential Carbuncles was thereby so weakened that the ulcers were afterward easily cured by vulgar remedies.
And now, as to the difficulty, which I acknowledge not to be small, to conceive how Bodies actually cold can emit
Effluvia
, capable of penetrating (without moistening it) a Membrane of so close a Contexture as a mans Skin; I suppose it will be much lessened in the objectors opinion, by what he will meet with hereafter about the Pores of Bodies, and the Figures of Corpuscles. For supposing these to be congruous, it will not seem incredible, that the
Effluvia
of Amulets should in tract of time get passage through the Pores of the Skin of a Living Body. And to make this the more probable, I will give an Instance in the Skin of a dead
Animal
. And, because this requires a Liquor I much employ in these trials about Porology, though I have many years since in another Tract taught how to make it for another purpose; yet I shall here repeat, that 'tis made by exactly mingling Flower of Brimstone, powdered
Sal Armoniac
and good Quicklime in equal quantities, save that, if the Quicklime be not very dry and good, a fourth or fifth part must be superadded, for these being nimbly mixed, and distilled by degrees of Fire in a Retort, till the Sand be at length brought to be almost red hot, there will come over a smoaking Spirit, which must be kept very carefully stopt, and which for distinctions sake, I also use to call, The
Permeating Menstruum or Liquor
, and its expirations the Penetrant, or Permeating Fumes.
And now you will easily understand the experiment I was about to mention, which was this; We took a very clean piece of polish'd Copper, in want of which one of silver will serve the turn, and having lapt it up in a piece of either Lambs or sheeps Leather, so that it was every way inclosed, we then held it over the Orifice of the Vial that contained the Spirit, at a pretty distance from the Liquor whose fumes nevertheless did quickly, (perhaps in a minute of an hour or less) pervade the Pores of the Leather, and operate upon the included metal as appeared by the deep and lasting tincture it had given to the lower surface of it, though the interposed Leather it self was not deprived of its whiteness, nor at all sensibly discoloured; however it smelt of the
Sulphureous
steams that had invaded it. And, if I misremember not, the same Experiment succeeded, though somewhat more slowly, when a double Leather was interposed between the fumes and a new piece of Copper coin. This will be thought the less strange, when I shall come to some other Instances of the Penetrancy of these Spirits. In the mean while I leave it to be considered, whether this may not suggest some conjecture at that strange
Phœnomenon
, which is recorded by Authors of good repute, That sometimes in great Thunders the Lightening, among other operations, has been found to have manifestly discoloured mens money, without burning the Purses or Pockets wherein it lay. For in our experiment, the steams that in a trice pervaded the Leather, the most usual matter whereof Purses are made, were sulphureous, as the smell argues, that those which accompany the
Fulmen
are wont to be; and whereas these, when they invade Bodies, are usually very hot, ours operated when the Liquor that emitted them was actually cold. And if it be said, that sometimes their money has been found discolored in their Pockets, who were not struck, by the
Fulmen
, but had it only pass near them, it may be objected, that tho the intire Body, whether fluid or solid, if there be any of this latter kind that is in Latine called
Fulmen
(for our English word,
Thunderbolt
seems not so applicable to a fluid) did not touch them, yet it might scatter steams enough round about it, to cause the
Phænomenon
. For confirmation of which I shall take notice, that a considerable Person of my acquaintance, having had the Curiosity to ascend a burning mountain in
America
, till the sulphureous steams grew too offensive to him, he told me that, among other operations he observed them to have upon him, one was, that he found the money he had about him turned of a black and dirty colour, such as I have observed our sulphureous steams often give both to Copper, and to Silver Coins. But whether or no our Spirits will justify the conjecture, they invited me to mention, at least their so easily pervading the Skin of a dead Animal may make it probable, that the Skin of a Living man may be easily penetrated by external steams whose approach the Eye does not perceive, and whose operations, though not inconsiderable, may therefore be unsuspected. I leave to Physitians to consider, what use may be made of this observation, in reference to the propagation of contagious Diseases, by the contact of infected Air, distinct from the Respiration of it, and by the penetration of the steams, that issuing from divers Bodies invade the Skin, and may perhaps be capable of operations, either hurtful or friendly, that are not usually suspected to proceed from such causes, and are therefore misascribed to others. And on this occasion it will not be impertinent to add, that by hanging up sheeps Leather or Lambs Leather in the free Air, the vapors of it would so insinuate themselves into the Pores in wet weather, that a moderate degree of moisture in the Air would add to it a not inconsiderable weight, of which dry weather, whether hot or cold, would deprive it.
CHAP. V.
I Must not in this place omit some Instances, very proper to manifest the Penetrableness of Membranes to Fumes themselves, if they be subtile enough for their pores, or correspondent enough to them.
Among the observations published by Physicians I have met with some by which it appears that
Cantharides
may have great Effects upon the internal Parts of the Body, though they do not so much as touch the Skin, but are placed at some distance from it, so that their
Effluvia
must be transmitted through other Bodies before they can penetrate that.
Schenkii
Observationum lib.
7.
Obs.
37.
The learned
Michael Paschalius
mentions a Chyrurgion, who was twice brought to void much Blood with his Urine, by some Spanish Flies that he carryed about in a Purse or Bag. And another Doctor of note relates of another person that came to complain to him, that he pissed Blood, having carryed about with him
Cantharides
, though in his Pocket, and adds, that a like Case was recounted to him by
Helidæus
, whom he calls an eminent
Bolognian
Physician.
We see, that in Linnen Cloth, the finer and more slender the threads are the closer and less Porous,
cæteris paribus
, the Linnen is: By analogy to which one may esteem the thin film that lines the shell of an Egg, to be of an exceeding close Contexture; and yet that even this film is not impervious to some Fumes, I have found by the following Tryal.
To make this, we slowly and warily pick'd off a sufficient part of the Shell of a Hens Egg, from the Skin that lay just beneath it, and is wont to stick so close to it, that their separation, without injuring the Membrane, is not easy. In this Skin, being wip'd, we wrapt up a flat piece of Copper, whose surface was made bright, that the change of Colour might be the better seen; and having kept this covered bit of Plate, over the Fumes of our smoaking Liquor lately mentioned for a minute or two by our ghess we unfolded the Skin, and found, as we expected, that the lower surface of the Copper which was it that had been held over the Fumes, was turned of a very dark colour, which manifested that even so fine and closely contexed a Membrane was not only, as we have formerly shewn, penetrable by Liquors, but readily pervious to our sulphureous exhalations, tho these were probably but faintly emitted, since the Liquor they came from was then actually cold. But in making the Tryal it is fit to hold (as we did that newly recited) the Membrane against the light, to see if it be intire, and have escaped all those little lacerations that are hardly avoidable in severing it from the Shell it sticks so close to. If this caution be neglected, 'tis easy to be imposed on, by overlooking some little holes, that are not easily discerned when one looks down upon the Skin, and yet may be sufficient to make the Experiment deceitful. But, thô when 'tis well made, it is a notable confirmation of the Doctrine endeavoured to be established in this Paper, yet I shall now subjoyn a more considerable Instance to the same purpose.
The Porousness of the Internal Membranes of the Body, will be more easily granted, if it be considered that either the Liquors, or the moist Exhalations, whose Action is promoted by the Natural Heat of the Parts, keeps them constantly wet or moist, and thereby renders them more lax, and more penetrable by subtle Spirits or other Corpuscles. In favour of this Reflection I made the following Experiment. We took a piece of a dryed Urinary Bladder, which was judged to have been a Calfs; and having lapt it about a new piece of Silver Coin, so that the Bladder was single where it covered the lower side of the Piece, we kept it for divers Minutes, by guess, over the Spirituous Fumes of our often mentioned Permeating Liquor, but could not perceive that the Coin was thereby at all affected or ternished. Whence we concluded that the Pores of the dry Bladder were too close and narrow, to give passage to the Expirations of the
Menstruum
. But presuming that moisture would some what relax them with another piece of the same Bladder, made limber by being a little wetted in common Water, we lapt up another like peace of new Coin, as we had done the former, and kept it at the same distance as before, from the Liquor, but not for so long a time. For after about two Minutes, by guess, we remov'd and took out the Piece, and, as we expected, found much of its lower surface (that regarded the Liquor) deeply discoloured. Which Experiment will not only justify what I lately said, of the greater Laxity of moist than of dry Membranes, but will be thought no mean confirmation of what is in this Essay delivered about the porosity of Membranes, since the Urinary Bladder does, as Anatomists well know, consist of more than one Membrane, though they stick so close together, as to appear but one to the Eye. And this Bladder was speedily penetrated by the Fumes that our Liquor emitted in exceeding Cold and Frosty weather, though the Bladder it self was not in the warm Body of the live Animal, but had been so long kept dryed and cold, that probably the Moisture it introduced in scarce one minute of an Hour, could not restore it to the Laxity it had, whilst it was a part of the living Calf.
One of the notablest Instances I ever met with, of the Porosity of the Internal Membranes of the Humane Body, was afforded me by that
British
Nobleman, of whom our famous
Harvey
tells a memorable, not to say matchless, story. This Gentleman, having in his youth, by an accident which that Doctor relates, had a great and lasting Perforation made in his
Thorax
, at which the motion of his Heart could be directly perceiv'd did not only out live the accident, but grew a strong, and somewhat corpulent man; and so robust, as well as Gallant, that he afterwards was a Souldier, and had the honour to command a Body of an Army for the King. This Earl of
Mount-Alexander
(for that was his last Title having marryed one of my nearest kinswomen, and having been told that I was very desirous to see, what I had heard such strange things of, very obligingly came, at a fit time, to give me that satisfaction. In order to which he removed that which covered the wide Orifice of his Hurt, and gave me the opportunity of looking into his
Thorax
, and of discerning there the motions of the Cone, as they call it, or
Mucro
of the Heart. But these things I mention but upon the by, and because of the strangeness of the fact; the thing I principally intended relates to my present argument. Having then made several inquiries fit for my purpose, his Lordship told me, that when he did, as he was wont to do from time to time, (though not every day) inject with a Syringe some actually warm medicated Liquor into his
Thorax
, to cleanse and cherish the Parts, he should quickly and plainly find in his Mouth the tast and smell of the Drugs, wherewith the Liquor had been impregnated. And I further learned, that, whereas he constantly wore upon the unclosed part of his Chest, a Silken quilt, stuffed with Aromatick and odoriferous Powders, to defend the neighbouring Parts and keep them warm; when he came, as he used to do after some weeks, to imploy a new Quilt, the fragrant
Effluvia
of it would mingle with his breath in exspiration, and very sensibly perfume it, not, as I declared I suspected, upon the score of the pleasing Exhalations that might get up between his Clothes and his Body, but that got into the Organs of Respiration, and came out with his Breath at his Mouth, as was confirmed to me by a grave & judicious Statesman, that happened to be then present, and knew this General very well. Other circumstances I might add, but that I dare not trust my memory for them, and unhappily lost the paper, wherein the oddness of the things invited me to set them down, for fear of forgetting them.
That part of this Narrative which relates to Injections may be much confirm'd by what is delivered by
Galen
himself, who says that
Mulsum
or
Honeyed Water
, being injected at the Orifice of Wounds penetrating into the cavity of the
Thorax
, has been observed to be in part received into the Lungs, and discharged out of the
Aspera Arteria
by coughing. And this he mentions as a known thing, imploying it as a
Medium
whereby to prove another.
The mention that has been made, of the Porosity of Membranes, brings into my mind what I once observed at the Dissection, made by some Physicians, and Anatomists, of a lusty Souldier, that was hanged for I know not what crime. This man, though otherwise young and sound, was observed to have been long molested with what they call a
short, dry Cough
, which made us expect to find some thing much amiss in his Lungs. But meeting with nothing there, we were at a loss for the cause of this Cough, till coming to consider the internal part of the Chest, we perceived something on one of the sides, by tracing of which we discovered, that between the
Pleura
and the substance of the intercostal muscles, there was lodged a certain matter, of the breadth of a Silver Crown piece, or thereabouts, of a roundish figure, and of the consistence and almost colour of new, soft Cheese, which odd stuff was concluded to have been the remains of some ill cured Pleurisy, and to have transmitted through the Pores of the
Pleura
, though that be a very close Membrane, some noxious
Effluvia
, which ever and anon irritated the Lungs into an irregular and troublesom motion, and so produced the Cough the Malefactor had been molested with.
CHAP. VI.
I Am well aware that 'tis far less difficult, to prove the permeableness of single Membranes, than that of such a Part of the Body, as seems to be an aggregate of several parts, which in regard of their close adhesion, are looked upon but as one part, to which, on that account, men commonly give a distinct name. But yet there are some
Phænomena
that seem to argue, that even such compounded or resulting parts, if I may so call them, are not destitute of Pores, which whether they be not some of them the Orifices of exceeding slender and therefore unobserved Capillary Vessels, I must not now stay to enquire.
When the cavity of the
Abdomen
in those Hydropical Persons that are troubled with an
Ascites
, is filled with Water, or rather with a Liquor that I have found to be much more viscous, it justly appears strange, that by an Hydragogue, or some appropriated purging medicine, great quantities of this gross Liquor should in a short time be carryed off by Siege, and perhaps also by Urine, though to get into the cavity of the Guts, or that of either of the Kidneys, it seems necessary that it Permeate the Tunicles, and other component parts, of the
Viscera
it gets into.
I know not whether I may on this occasion take notice of what Physicians observe to occur now and then in
Empyema's
that follow ill conditioned
Pleurisies
. For it has several times been observed, that upon the bursting of such imposthumes into the cavity of the Chest, the Purulent matter hath been voided by Siege and Urine. I hesitate, as I was saying, whether I should alledge this
Phænomenon
, as a proof of what I now contend for, till it be determined whether this
Metastasis
be made by
transudation
properly so called, or by the ingress of the
Pus
into the imperfectly closed Orifices of the Vessels of the Lungs; where being once admitted and mingled with the Blood they may with this circulating Liquor arrive at the Kidneys, or any other Parts fitted to make a secretion of this Heterogeneous matter.
But whatever be the Reason or manner of it, we find that the Lungs do sometimes odly convey things to distant parts of the Body. And if I may here mention a thing,
cui honos præfationis est
, I shall add that I have several times observ'd in my self, that when I had been an actor or an assistant in the Dissection of a living Dog, especially if his Blood or Body were rankly Scented, I should divers hours after plainly find that odour in the excrements I voided by Siege.
A famous Chirurgeon and Anatomist relates, that one who was very ill of a dropsy, judged to arise from a
Scirrhus
of the Spleen, coming to ask his counsel and assistance, though he judged the patients case desperate, yet to content him, he ordered him to dip a very large Sponge in good Quick lime-Water, and having squeezed out the superfluous Liquor, to bind it upon the region of the Spleen, only shifting it from time to time. He adds, that after some months he was much surprized to receive a visit from this Patient, with solemn thanks for his recovery; the outward Medicine having, it seems, resolved the
Scirrhus
and concurred with nature to evacuate the hydropical humour. For the resolution of which hard tumour it seems necessary, that the sanative Corpuscles of the external remedy should at length penetrate, not only the
Epidermis
, and the true
Cutis
, but the Muscles themselves of the
Abdomen
, and some other interposed parts.
These instances may be strengthen'd by an eminent observation of
Galen
, who takes notice that Bones being sometimes broken, without piercing the Skin that covers the part they belong to, when the
Callus
is making, and the broken parts of the bone begin to be conglutinated together, a Portion of that Blood which had flowed to the part affected is carryed to the Skin and permeats that, so as to wet and foul the Dressings or Bandages that are kept upon the limb affected by the Fracture.
CHAP. VII.
B
Ones, Horns
, and parts of the like Substance, being those that are granted to be the most solid of the Bodies of Animals, I come in the last place to shew by particular Experiments that these also have their
Pores
. I say, by particular Experiments, because in a general way, their
Porosity
has been already proved, by the same Arguments, from their original Texture, Nutrition, Augmentation,
&c.
That have been employed to manifest the
Porousness of Animal substances in general
.
That the Nails of men, as well as their
Skins
, are Porous, may be gathered from their being easily and permanently tinged with divers metalline solutions, and particularly those of silver in
Aquafortis
, and Gold in
Aqua Regia
; the former of which solutions though cold, will but too easily tinge the Skin and Nails it chances to touch, and makes some little stay upon, with a dark and blackish colour; which I found not that I could wash out with water, or, even with a far more penetrating and abstersive liquor. The like durableness I found in the Purple spots, that I sometimes purposely made on my Nails, by letting some little drops of the solution of Gold in
Aqua Regia
dry upon them, which I now and then did, to observe the way of the Nails growth. For if the stain were made near the root of the nail, it would be still, though very slowly, thrust on by the new matter, till after some weeks it arrived to the further end of the Nail, and was fit to be pared off with it. But this only upon the by. 'Tis more to our purpose to take notice, that, though the
Menstruums
imployed in the recited Experiments be of themselves very acid and corrosive, yet they are so changed by the metals they have dissolved, that they are Acid no more, the solution of Silver being rather extreamly bitter, and that of Gold of a kind of
Stiptic
tast, almost like that which sloes, growing in the hedges, are wont to be of.
Ivory is a thing too well known to need to be described. And, since 'tis generally lookt upon (for I have had no opportunity to compare it with the Bones) as the solidest part of the vastest of Terestrial Animals, Experiments proving its porosity, will be strong presumptions for that of the hardest parts of other Animals. And the Porousness of Ivory may be argued from the several ways of dying it with permanent colours. For in these colorations the Tinctures that make them, must penetrate into, and be lodged in the Substance of the Ivory, especially when the Substance remains smooth and glassy, as I have divers times made it do, when I employed fit
Menstruums
and Metalline Pigments. The solution I formerly mentioned of Silver in
Aqua fortis
, being laid upon Ivory, will soon give it a dark and blackish stain, which is not, that I have found, to be washed off. I remember also that I many years since taught some ingenious artificers, to adorn Ivory with a fine purple colour, by moistening it with, and suffering leisurely to dry on it, a solution of Gold made in
Aqua Regia
. And if occasion required, allayed with water, nor needs either of these solutions be applyed hot, any more than the Ivory needs to be heated. Both which circumstances favour the Porousness of the solid Body.
Copper dissolved in
Aqua fortis
stains Ivory with a blewish colour, as I have sometimes seen in the hafts of knifes, about whose coloration nevertheless another way is also employed. But I remember that without making use of any Acid or Corrosive
Menstruum
, I have even in the cold stained Ivory, with a fine and permanent blew, like a Turquois, by suffering to dry upon it as deep a solution as I could make of Crude Copper, in an urinous Spirit, as that of
Sal Armoniack
.
But now to return to Bones, their growth in all their dimensions, does, as I lately noted, argue their Porosity and the marrow that is found in the great hollow Bones, whether it nourish them or no, must it self be supplyed by some alimental juice, that soaks or otherways penetrates, into the cavities that contain it.
Nor does it seem at all improbable, that Blood it self may through small Vessels be conveyed into the very substance of the Bone, so as that the Vessels reach at least a little way in it, though perhaps the Liquor they carry may afterwards by Imbibition be brought to the more internal parts of the Bone. For not to urge that we manifestly see, that on each side of the lower Jaw, Nature has been careful to perforate the Bones and make a Channel in the substance of it; which Channel receives not only a larger Nerve but a Vein, & Artery to bring in & carry back Blood for the nourishment of the Teeth, by distinct Sprigs sent from the great branch to the particular Teeth. Not to urge this, I say, (which I mention but to shew that the opinion lately proposed is agreeable to a known practice of Nature) I have been assured by eminent Anatomists, whom I purposely consulted, that they have observed Blood vessels to enter a great way into the substance of the larger Bones. And one of them affirmed, that he had traced a Vessel even to the great Cavity of the Bone. Which I the less scrupled to admit, because it has been observed, that in younger Animals the Cavity is in great part furnished with Blood, as well as Marrow, and in those larger Pores, whereof many are found in the more Spongy Substance of divers Bones, Blood has been observed to have been lodged, as also in the spongy part of the Skull, that lies between the two Tables, as I have been assured by Skilful Eyewitnesses.
The blackness also, that Bones acquire when put into a competent heat, and a peculiar kind of fatness which they may by heat be made to afford, shew that they harbour, even in their internal parts, store of Unctuous Particles, separable from the solid substance, (which still retains its shape and continues solid) in whose Pores they may thereby be argued to have been lodged. The Lightness of Bones, even when their Cavity is accessible to (Air and) Water, is also a great sign of their Porosity. And so is their being corroded by tinging liquors, if they be penetrative and well applyed. I know not whether I should add on this occasion, that having taken calcined and pulverized Bones, such as we use to make our Cupels of, and, after having given them a good heat, kept them for some time in the Air, but in a well covered place; I found the imbibed moisture of the Air to have manifestly increased their weight; and that I also observed in a curious
Skeleton
, where the Bones were kept together by wires, instead of other Ligaments, that though I kept it in a well covered place, not far from a Kitchin Fire, yet in very moist weather the Bones seemed to swell, since those joynts that were easy to be bent, in dry weather, and that after several manners, would grow stiff and refractory, and indisposed to be put into such motions, when the weather was considerably wet. These particulars (as I was saying) I am somewhat doubtful whether I should here insert, because one may suspect the
Phænomena
may proceed rather from somewhat else, than the imbibed moisture of the Air; and yet I would not omitt to mention these observations, because I do not yet see any cause to which they may more probably (or indeed so probably) be assigned.
And on this occasion I shall subjoyn some observations made on large and solid Ox Bones, which in one of my Note Books I find thus registred.
Nov.
15. We weighed two [entire or un broken] Marrow Bones, and found the one to weigh [ounce]xxix + [dram]ss;, and the other [ounce]xxiv + [dram]iv + 30 gr.
Nov.
24. The former weighed [ounce]xxix + [dram]vi, and the latter [ounce]xxv + [dram]i + 30 gr.
Decemb.
28. the former weighed [ounce]xxix + [dram]iij. 55 gr. and the latter [ounce]xxiv + [dram]vii. + 39 gr.
June
7th of the following year, the former weigh'd [ounce]xxix + [dram]ii. And the latter [ounce]xxiv + [dram]vii. By which observations purposely made at differing times of the year, and in very good scales, it seems that Bones do plentifully enough imbibe the Exhalations of the Air, and emit them again, together with some of their own, according as the ambient happens to be disposed. And these alterations argue the Bones to abound with Pores, since the external steams must have Pores to receive them, and the
Effluvia
must upon their recess leave Pores behind them.
I confess that to think (as with some Anatomists I lately seemed to do) that Bones themselves admit into their substance, Vessels capable of conveying a nutritive Liquor, we must suppose those Vessels extreamly slender. But that 'tis not only possible but somewhat credible, there may be such, I am induced to think, by what is known to happen in that disease, which from the Country it most infests is called the
Plica Polonica
. For, tho one would think that the hairs of men are much too slender, to have cavities in them capable of visible Liquors; and though I have found it very difficult, even with a good Microscope, to perceive any cavities in the hair of a man transversly cut; yet not only some other writers of good note, but the Judicious
Sennertus
himself deliver, that in this disease (of which he particularly treats) it has been observed, that if the Patients cause their intangled hair to be cut, as they sometimes do, by reason of its nastiness or unsightliness, they are not only thereby endangered, but sometimes the single hairs will actually bleed, where the ends have been cut off; so that so thick a Liquor as Blood may be conveyed through Vessels, that can at most be but in a proper sense
Capillary
and must be far less than hairs, if their Perforations be like those by which many Plants have their nourishment conveyed to them, or such as are obvious in divers Canes, which being cut quite through transversly, discover a multitude of distinct Pores, that by some Experiments one may be induced to guess, reach all along, and make the Cane like a Cylindrical Bundle of Minute Pipes; or rather a multitude of small cavities, that perforate from end to end the
Parenchyma
, or Substance analogous to it, that gives them stability. And for the present this sort of Vessels seem to me, the more likely to be those that convey the Blood to the extream Parts of the Hair, because even in Horse hairs, which yet are nourished and grow, I am not yet sure, that I have discovered with my Microscopes any cavity, and therefore suspect there may be divers imperceptible ones, for the Hair is nourished and grows, which it is not like it should do if the Body were solid; and if there were but a single cavity in it, as in the lower part of a Quill, 'tis like the Microscope I used would have discovered it, since with one much inferiour I could easily see, that several little short Hairs, that grow upon the Animal that yields Musk, had each of them a cavity in it like that of the lower part of a Quill.
To the things that have already been said about the Porosity of Bones, I shall now add an observation of a very learned Physician, that is very remarkable to our present purpose, because it argues, that even Bodies not saline, nor actually moist, may from without get into the Pores and Cavities of Humane Bones. Divers Physicians have complain'd of the mischiefs done to the Bones by Mercury, employ'd to salivate in Venereal Diseases. Whereof I remember I have read a very notable Instance, in a learned Book (which I have not now by me) of an eminent Roman Professor of Physick, who had the oppor tunity of making several curious observations in the famous Hospital of the
Incurabili
at
Rome
; and is therefore the more to be credited; where he relates, that in the Cavity of at least one Pocky-mans Bones, there was found real Quick Silver that had penetrated thither. And this brings into my mind a memorable observation of an ancient and experienced Physician, who being famous for the cure of Venereal Diseases, was asked by me, what Instances he had found of the Penetration of Quick-Silver, either outwardly or inwardly administred, into the Bones of men? To this he answered, that he could not say he had himself taken notice of any QuickSilver, in the Cavities of greater Bones, but that some other Practitioners had told him, that they had met with such Instances, as I enquired after. But for himself, he only remembred that a Patient, who had been terribly fluxed with mercurial Inunctions, coming afterwards to have one of the Grinders of his lower Jaw pulled out, because of the raging pain it had long put him to; my Relater had the curiosity to view narrowly this great Tooth, and found, to his wonder, a little drop of true Mercury in that slender Cavity of the Root, that admits the small Vessels which convey nourishment and sense to the Tooth, in more than one of whose three Roots he affirmed to me that he found true, though but exceeding little, Quick-Silver.
Eustach. Ruchius (
apud
Sennertum)
lib. 5. de morbis acutis
cap. 15.
But a full Testimony to my present purpose is afforded me by the experienced Physician
Eustachius Rudius
, who relates, that he saw himself, and that others also observed, some Bodies dissected, of those that had been anointed for the Venereal Pox, in the Cavities of whose Bones no small quantity of Quick Silver was got together, (which yet (to add that upon the by) he says, did not hinder some of them from living many years, surviving those Inunctions.)
CHAP. VIII.
I Am not ignorant that, among the Particulars laid together in the foregoing Essay, there are some that are not absolutely necessary, to prove the Porousness of the Bodies of Animals. But I thought it not impertinent to mention them, because I hoped that they, in conjunction with the rest, may be of some use to Naturalists, in giving an account of several things that pass in a Humane Body, whether sound or sick, especially if it be of a Topical disease, and may remove, or much lessen that great Prejudice, that makes many (and some of them otherwise learned) Physicians despise the use of all
Amulets,
Pericarpia
, and other external Medicines in Distempers of the Inward parts, upon a confident, but not well grounded supposition, that these Remedies immediately touching but the outside of the Skin, cannot exercise any considerable opera tions upon the internal parts of the Body.
But though I have thus acknowledged some Passages of the foregoing Essay to be supernumerary, yet I must not dismiss it without intimating that I might from one Topick more have fetched a probable, though not a demonstrative argument, in favour of the Porousness of Animals. For this may be very probably argued from hence, that even Inanimate, Solid and Ponderous Bodies, that in all likelyhood must be of a far closer Texture than the living Bodies of Animals (whose various Functions require a greater number and diversity of Pores in their differing Organs) are not devoid of Pores, and have some of them very numerous ones, as will be sufficiently made out in the following Essay, to which I shall therefore hasten.
N. B.
The following Paper is that which is refer'd to in the 35th Page of this Essay.
Pharma copœiæ Regiæ classis xiii.
pa.
614. 615.
Hujus rei veritatem comprobat Doctissimus ac celeberrimus Medicus & Philosophus D.
Johannes Chrysostomus
Irmbler, Statuum Moraviæ Marchionatûs Protomedicus, his verbis ad me scribens: Et revera paravi ego, Anno M.
DCLV
, quo tempore inter Infectos versabar quotidie, Trochiscos Bufonios, eósque ut cætera Helmontii, indefessi veritatis indagandæ, & ex puteo Opinionum veterum nostram credulitatem excæcantium eruendæ nati Philosophi, experimenta suas laudes sustinere, comperi: Inter, viginti autem Bufones vix unum quidem, jucundo sane spectaculo, vidi vermiculos, per nares & oculos egressuros, manu repellere quamdiu poterat, donec elanguerit Bufo: sed Trochiscos ex vermiculis unà cum pulvere emortui bufonis, & materiâ per anum (non dum vidi per vomitum;) scilicet alis, pedibus, capitibus, ventribus Scarabæorum viridibus, auratisve & nigris, quos bufo cum terra in escam venatur, ejectâ, cerea patinâ exceptis, cum Tragacantho rosato formatos, pluribus personis super anthraces opponi feci, atq; ullum eorum mortuum esse dicere possum, sed & meorum domesticorum, ut & aliorum, quibus dedi, amicorum nullus, quod scio, infectus est. Sic comperi non tantum hisce Trochiscis enervari virus pestilens in Carbunculo jam admissum, ut dein vulgaribus chirurgicis remediis ulcus facili negotio fuerit curatum, sed etiam ad sinistram mammam ligatos, mihi meisque accursui & occursui infectorum expositis, animositatem quandam indicibilem conferre, atque ita miasmata & effluvia pestilentialia abarcere. Hucusque Excel. Medicus Moraviæ.
Imprimatur, Decemb. 29. 1695.
Robert Southwell
, V.P.R.S.
Brief Instructions For Making OBSERVATIONS IN ALL
Parts of the World
: AS ALSO For Collecting, Preserving, and Sending over NATURAL THINGS. BEING An Attempt to settle an UNIVERSAL CORRESPONDENCE for the Advancement of Knowledg both Natural and Civil.
Drawn up at the Request of a Person of Honour: and presented to the
Royal Society
.
LONDON
: Printed for
Richard Wilkin
at the
King's Head
in St.
Paul's
Church-Yard, 1696.
Brief Instructions for the making Observations, and Collections, in order to the promotion of
Natural History,
in all parts of the World
.
I.
At Sea
.
Observations to be made at Sea.
KEEP a
Journal
of the
Ship's Course
: Of the
Latitude
, as often as taken: Of the
Variation of the Compass
: of the
Soundings
, observing what sorts of Shells, Sand, or other Matter is brought up with the Plummet. In
Calmes
, or with any other Opportunity, both at Main Sea, or elsewhere,
sound
to the Bottom, if all the Line or Tackle you have will reach it; but if not, only note what Length of Line you used. In the said Journal also keep an Account of the
Currents
: of the
Brizes
, and other
Winds
, as well those which are
settled
and constant, as those which are
accidental
: of
Storms
and
Hurricanes
: of the Rise and Fall of the
Weather-glass
: Of the
Weather, Heat
and
Cold, Fogs, Mists, Snow, Hail, Rain, Spouts
or
Trombs
, vast
Discharges of Water
from the
Clouds, Thunder, Lightning, Meteors, &c.
Observe whether some Seas be not
salter
than others, or distant Parts of the same Sea differ not in
Saltness
: Whether the Water of the Sea be not
warmer
than ordinary, or suffer not some unusual
Bubblings
or
Commotions
before
Storms
, or there do not some other like uncommon Accidents forerun them, whereby they may be foreseen: What Voragines or
Whirlpools
appear at Sea, to what
Distance
the Force of their
Flux
or Stream extends, whether they only receive and
swallow in
the Water, or
spue it forth
, or, if
both
, with what Periods,
i.e.
at what time doth
each
begin and end: What sorts of
Fowls
occurr at
Main Sea
: What
Fishes
, what
Weeds, Shrubs
, or other things. In brief, take notice of every observable natural
Occurrence
throughout the whole
Voyage
, and this too in as
full
and circumstantial a
manner
as may be.
II.
Upon the Sea-shores
.
Upon the Shores.
OBserve to what perpendicular
Height
the
Sea
rises at
high-water
: what Space of
Time
passes between the
Ebb
and
Flood
, and again, between
Flood
and
Ebb
: What kinds of
Fish
reside near the Shores, particularly what
Shell-fish
: What
Fowl
are most frequent there: What
Weeds, Shrubs, &c.
also what
Shells
, are
flung up
by the
Sea
: What
Shrubs, Weeds, Mosses, Sponges, Coralls
, or
Coralline Bodies, e.g. Sea fans, Sea-roses, &c.
grow out upon the
Shores, Rocks
, or
Cliffs
: What sorts of
Pebbles, Flints, Marchasites
, or other
Stones
, lie upon the
Shores
, or are washed out of the
Cliffs
, by the
Tides
, and
beating
of the
Sea-waves
: Whether there be not found
Grains
of
Gold
, or
Silver
, or
Lumps
of other
Metalls
, or
Minerals, Amber, Crystal-pebbles, Agates, Cornelians
, or other
Stones
that have somewhat
observable
in them, either for
Lustre, Texture
, or
Figure
; and particularly Stones that
resemble Muscles, Cockles, Periwinckles
, or other
Shells
. But more especially take notice whether by great
Inundations, Storms
, or
Hurricanes
, there be not
thrown up
out of the Sea, some sorts of
Shells
that are not flung up
ordinarily
, and at
other times
; as also whether upon the
Seas beating down
, and
washing
away the
Earth
from the
Cliffs
, there be not
disclosed Glossopetræ, Teeth, Bones
, or
Shells
of
Fishes
, that were originally lodged in those Cliffs, but since
beaten
and
washed
out, these being commonly somewhat
decayed
, as also more dusky, foul, and black, than those Shells,
&c.
which are thrown up by the Sea.
Directions to the Dyvers, for Pearl, Coral, and Amber.
In all such Places where there is any sort of
Dyveing
, and particularly for
Pearls
, observe what sort of
Earth, Sand
, or other Terrestrial Matter, is found at the
Bottom of the Sea
: What
Weeds, Shrubs, &c.
what
Shells
of all kinds, or other Bodies, taking a particular account of all the several kinds of
Shell-fish
that
yield Pearl
; as also at what
Distance
from the
Shores
the
diveing
is made: To what
Depth
and how long the Dyvers can endure under Water. In the
Coral-fishing
observe in what Manner or Posture the
Coral
, particularly that which is
shrubby
, and the
SeaFans grow
; whether
upright
, horizontally, or
flatwise
, or hanging with the Heads
downwards
: To what Bodies it
grows
or adheres: Whether it
grow
only in such Parts as are constantly
covered by the Sea Water
, or such only as are
uncovered
when the Tide is down, or
both
indifferently: If constantly under Water, whether in
the
Shallower
, or
deeper
Parts of it: And whether it
grow
chiefly in such Places of the Water that are
calm
, and
still
, or where it is more
rough
and
agitated by beating against the Rocks, Cliffs,
&c.
Of how many several
Colours
it is: And to what
Bigness
both the rude Coralline
Mass
, and the
Shrubs
, and other
Coralline Bodies
ever arrive. The same Directions may serve indifferently for the
Amberfishers
, with this only Addition, that they carefully observe whether the
Amber
be not also
found
in the
Earth
, and
Cliffs
, in all such Places where it is found upon the
Shores
: And whether that which is
thrown up
by the
Seas Flood
, may not justly be presumed to have been
born down
from the
Cliffs
by its foregoing
Ebb
.
III.
At Land
.
Observations of the Weather at Land.
1. TAKE an exact account of the
Brizes
, and other ordinary
Winds
, with the
Quarter
from whence they blow, what time they
begin
, and how long they last: Also of other
Winds, Storms
, and
Hurricanes
: As likewise of the
Weather, Heat, Cold, Fogs, Mists, Snow, Hail, Rain, Thunder, Lightning, Meteors, &c.
with the
Seasons
of the Year most obnoxious to these
Rains, &c.
Their
Quantity
: The Time of their
Duration
: keeping also a
Register
of the
Weather-glasses
, both
Thermometer
and
Barometer
.
An Experiment to be made.
2. The following
Experiment
being of considerable Importance, as serving to determine several Difficulties in the
Natural History of Rains, Vapours, &c.
and being likewise very easily tryed, it is desired it may be done with Care and Exactness in all Parts of the World. Get some
Vessel
either of Copper, Wood, or Earth, about 2. Foot wide, (or if wider the better) and at least a Foot and half deep; be sure it be
firm
and
sound
, and that it do not
leak
in the least. Fill it about 3/4 full of
Water
: Cover it over with a
Net
, or very thin fine
Wier-grate
, to keep off
Birds
, or other Creatures from drinking the Water; and then set it
forth
, either upon the
Leads
of some flat-roof't House, or in the midst of a Garden, or some other fit Place, where the
Sun
may shine upon it
all Day
from Sun-rising to Sun-setting, or at least as much as may be. Then with some
Rule
or
Measure
take the
just perpendicular Depth of the Water
, noteing down the
Depth
, and the
Day
of the Month, and so leave the Vessel
standing out
. Once or twice a Week (or
oftner
, if either the
Rain
be so much as to fill the Ves sel, and endanger its running over, or the
Heat
and
Drought
such as to quite dry up all the Water, for either of these
Accidents
will
elude
the Experiment)
Visit the Vessel
, and take nicely the
Depth
of the Water, noteing that
Depth
, (in a Register to be kept for the purpose) and the
Day
of the Month; and if it be
dry Weather
, so that the Water is
evaporated
and
sunk lower
than it stood when the Vessel was first set forth, then
put in
just as much
more Water
as will raise it to its
original Height
: But if it hath
rained
, so that the Water is
raised higher
than it was when first
set forth
, after that the just
Measure
of it is taken, and noted down,
take out
so much of the
Water
as to
reduce
it to the Level at which it stood when first set forth. This Experiment ought to be
continued
thus for
one whole Year
at least, but longer if possible; only during the Time of
Frost
, no Observation need be made, the Water in the Vessel then neither rising nor falling.
Observations concerning Springs.
3. Let there be an account taken of all
Springs
; both the standing or
stagnant
ones, and those which emit forth their Water, forming
Brooks
, and
Rivers
; observing whether they
rise
out of high or low Grounds; whether they be
turbid
or
clear: hot
or
cold
: Whether they
ebb
or
flow
: Whether they
incrust
or
petrifie
Sticks, Straws, or other Bodies that lie in them: Whether they contain
Bitumen, Petroleum, Salt, Nitre, Vitriol
, or other
Mineral Matter
in their Water: Upon what
Occasions
, or at what
Seasons
chiefly their Water
encreases
or
decreases
. In the
Running Springs
observe the
Quickness
of the Stream, and
Quantity
of the
Water
discharged.
Concerning Rivers and Lakes
4. As to
Rivers
, observe their ordinary
Depth, Breadth
, and the
Quickness
of their
Stream
: The several sorts of
Fishes
, particularly the
Shell-fish
in them: All sorts of
Plants
that grow in them. On their
Shores
take notice whether there be not
Amber, Cornelians
, or other
Stones
valuable either for their
Colour, Texture
, or
Shape
, and particularly whether any Stones that in Figure
resemble
the
Shells of Muscles, Cochles, Perewinkles
, or the like. The same Directions for the main may serve for
Lakes
and
Meers
, only it were to be wished that these were carefully
sounded
, and their
Depths
taken, in
several Parts
of them.
Concerning Metalls, Minerals, Stones, Earth,
&c.
5. Observe the several sorts of
Marls, Clays, Loams
, or other
Soils
, at the
Surface of the Earth
: And whether there be not almost every where
a Coat of one or other of these at the Surface
, whatever else lyes
underneath
. Take an Account of the several sorts of
Metalls
that the Countrey yields: As also of the
Minerals, Rock-salt, Allum, Vitriol, Sulphur, Nitre, Loadstone, Cinnabar, Antimony, Talk, Spar, Crystal, Diamonds, Amethysts, Topazes, Emeraulds
, and other precious Stones: Their
Number
, and the manner of their
Growth
: Likewise of
Marchasites, Amber
(for it is found in the Earth and at Land as well as at Sea)
Selenites, Belemnites, Flints, Pebles, &c.
in what
manner
they are found, and at what
Depths
: In what
Quantities
, and whether the Metalls and Minerals are
separate and pure
, or
mixt
: Of what
Figure
they are, and whether the said Metalls, Minerals, precious Stones,
&c. lie
in the
Beds
of Earth, Cole, Chalk, Stone,
&c.
or in the
Veins, Clefts
, or perpendicular
Intervals
, of the Stone, Marble,
&c.
Endeavour to get Information whether Metalls or Minerals have a Natural
Growth
, or a Natural
Decrease
, in any Part of the Mine: And what
Rules
the
Miners
give for the
Discovery
of Metalls and Minerals
latent
in the
Earth
; or by what
Signs
they find them. Also take Account of the several sorts of
Stone, Marble, Alabaster, Cole, Chalk, Okers, Sands, Clays
, and other
Earths
: Their
Depths
: The
Thickness
of their Strata or Beds: The
Order
in which they lie: the
Situation
of their Beds, whether level or not.
Of Water, of Wind, and of Heat in Mines: also of Damps.
In deep Quarries, Mines, Cole-pits,
&c.
observe in what
manner
the
Water comes in
: in what
Quantity
, and at what
Season
of the Year it abounds most: and whether it be
clear
and
tasteless
, or be impregnated with
mineral matter
. Take an account of the
Damps
: of what
kind
they are: what
harm
they do: at what
season
chiefly they happen: and whether there be not
Sulphur
, or
Nitre
, or
both
, in all Places where there are Damps. Observe also the
Heat
of Mines, by Assistance of the
Weather-glass
, if to be had, both
Summer
, and
Winter
, noteing how much it
exceeds
, or
falls short
of the
Heat at the Surface
of the Earth: and whether it be not
greater
at
certain Depths
, than at others And enquire whether in Mines, Colepits, deep Grottoes, or Caverns, the Work men are not sensible of
Gusts of Wind
breaking forth of the
Bowels
of the Earth.
Concerning Grottoes, and Mountains.
6. Get an Account of all
Grottoes
or Natural Caverns in the Earth: their
Breadth, Depth, Length
: what
Rills
or
Rivers
of Water passes them: what
Metallick, Sparry
, or other
Mineral
Incrustations
cover
their
Stones
, or
hang down
, like
Iceycles
, from them. Get an Account likewise of the several
Mountains
, and
Rocks
: the
Stone, Marble
, or other
matter
, of which they
consist
: what
Plants
grow upon them: what
Metalls
or
Minerals
they yield: what
Springs
or
Rivers
issue out of them: the Heighth of them: especially it is much to be desired that the height of
Pico Teneriffe
, of the highest
Alps
, and
Pyrenæes
, of
Mount Atlas
, of the Mountain called the
Table
, nigh the Cape of good Hope, of the
Armenian, Persian
, and
Chinese Mountains
, and of the
Andes
, and other
high Mountains
in
America
, were exactly
taken by Observation
. Enquire farther, whether they are not by little and
washed away
by
Rains
, and so become
lower
: whether their
Tops
be not covered with a
Fog
, or
Mist
, especially
before Rain
: whether some of the
highest
of them have not their
Tops
covered with
Snow
, a great part, or all the Year: whether at some times great
Quantities of Water
do not
burst
forth of them; with the
Season
that this happens, and whether attended with
Heat, Thunder, Lightning, Storms
, or what other
Circumstances
: whether some of them
emitt
not
Sulphureous
, or other
Steams, Flores Sulphuris, Nitre
, or
Sal-Ammoniack
: whether any send forth
Heat, Smoke
, or
Flames
, as
Ætna
, and other
Volcanoes
do: and whether near
such
there be not constantly
Thermæ
or
Hot-springs
.
- > Of SeaShells, and other Marine Bodies, at Land, in Stone,
&c.
7. But in regard that
Sea-shells, Teeth, and Bones of Fishes, &c.
are found very plentifully in
England
, and many other Countries, as well upon the
Surface of the Earth
, and the
Tops
of the
highest Hills
, as
within the Earth
, in
Cole-pits, Mines, Quarries, &c.
the said Shells, Teeth,
&c.
being
lodged amongst the Cole
, in the Mass and
Substance
of even the
hardest Stone, Marble, &c.
'tis very extremely desirable that
careful search
be made after these
things
in
all Parts
of the
World
, and an
account
kept
where-ever
they are found; particularly search ought to be made after these
Shells
, and other
Bodies
, at the
Tops
, and on the
Sides
of
Rocks
, and the
Stone
of the said
Rocks
be
broken
with Hammers, or other fit Instruments, to
discover
the
Shells
lodged within the Stone. And it would be of very great Use if the Top of
Pico Teneriffe
, and of the rest recited in the foregoing Section, and indeed of all
high Mountains
whatsoever, were thus
well examined
by those who have
Opportunity
of doing it.
Search
likewise ought to be made upon the
Surface of the Earth
for the aforesaid Sea-shells, and for
Stones
that
resemble them
, especially upon the
higher Grounds
, as
Hills
, and particularly
those
which are
plowed
, where these
Shells
are very frequently found in great
Numbers
, and this too at great
Distances
from any
Sea
. But above all, where-ever there is
any digging
for
Metalls, Minerals, Marble, Stone, Chalk, Cole, Gravel, Marl
, or in short any other
terrestrial matter
whatever, if
due Enquiry
be made, there will be found of the abovenamed
Shells
in the said Marble, Stone, Chalk, Marl,
&c.
< -
And in the
Cole
, and
Stone
above it, are frequently found
Fern
and other
Plants
, and sometimes in
other Stone
too, especially that which is very
fine
and
compact
. Wherever these
Shells, Teeth, Plants, &c.
are found, the Enquirer may please to
note
, along with the
Place
, what
sorts
of Shells they are: and whether they be of the
same kinds
with
those
found upon the
Shores
of
those Parts
or not: in what
Numbers
they are found: at what
Depths
: and what Earth, Sand, or other Matter, they
contain in them
.
Concerning Trees found buried in the Earth.
8. In Stone, Marl,
&c.
there are sometimes found
Trees
, of several kinds,
buried
, and, along with them,
Nuts, Acorns, PineApples, &c.
but much more commonly are the said
Trees
found
buried
in
Moores, Boggs
, and
Fenns
, especially those out of which the
Peat-Earth
, or bituminous Turfs are digg'd for Fewel. Where Trees are thus found, be pleas'd to
Note
what
kinds
of Trees they are: and whether there be of the
same sorts now growing
in the Country: what
bigness
they are: and whether they be
intire
, with
roots
, and
branches
, as well as
Trunks
: in what
numbers
they are found: at what
depth
in the Earth: in
what kind of Earth
, or other
matter
, it is that they lye: and
what else
is found along with them.
Of Diseases, Casualties, Earthquakes.
9. Take an account of the more observable and peculiar
Diseases
of the Country, with what
seasons
of the year are most subject to them: and of the other
Casualties
, particularly
Earthquakes
, noting all circumstances that
precede, attend
, and
follow after
them:
e.g.
the condition and
temperature of the Air
, as to
heat
and
cold, wet
or
dry, thick
or
clear, calm
or
windy, before
the Earthquake: and whether the
Springs
are
warm, turbid
, or
emitt
Sulphureous or other offensive
steams
: noting likewise the
extent
of the
Shock
, to what
distance
it was felt, and whether in all places precisely at the
same minute of time
: how great was the
force
of the Shock: whether it
crackt
and
tore the earth: removed
any tract of
Ground: raised
, or
sunk
it in: whether any
heat, fire, water
, &c. issued out at the said
Cracks
: whether, in case there be any
Vulcanoes
, or burning Mountains, near, they
emitt
not
flames
with
greater violence
and
noise
than usual, at the time of the
Earthquake
, or a little
before
, or
after
it: or whether they
spue
not forth
water
: whether the
Water
of the
Wells, Springs
, and
Rivers
thereabouts do not become
warm, turbid
, or send forth
more Water
than usual, at the time of the
Earthquake
: whether the Neighbouring
Thermæ
, or
Hot-springs
, if any, become not more
hot
, and
muddy
, than before; whether the
Sea
adjacent does not become
warm
, or
hot
, and suffer
great Commotions
, and
extraordinary Tides
, at that time: whether there follow not great
winds, rains, thunders
and
lightning
after the Earthquake is over: and whether
fevers
, and other
distempers
do not then invade the
inhabitants
of those parts, yea the very
beasts, fowl
and
fish
: whether lastly,
Earthquakes
happen in
any
, unless
mountainous, cavernous
, and
stoney
, Countries, and in such as
yield Sulphur and Nitre
.
Concerning Plants and Animals.
10. As to the
vegetable
and
animal
productions of the Earth, observe whether the Country be
fruitful
or
barren
; what kinds of
Trees, shrubs
, and
herbs
it produceth that we have, and what kinds that we have not in
England
: whether in those Countries that lye betwixt the
Tropicks
, the
Plants
be not all in
perpetual verdure
, without ever
falling
all their
leaves
: and whether they have
flowers, green
, and
ripe fruit
upon them
all the year
round: or whether there be any of those sorts of Plants there which are called
annual
ones, and dye yearly: or any whose
tops
, and all, save their roots,
dye away
, and
sink
into the ground for some time, but afterwards
spring forth
and grow up afresh, as
Daffadils, Tulips
, and other
bulbous Plants
, do here; also what
Fowls
, what
Beasts, Serpents, Lizards
: what
Flies, Moths, Locusts
; what
Beetles, Grashoppers, Spiders
, or other
Insects
: what
Tortoises, Snails
, or other Creatures cover'd with Shells, are found living upon the Earth.
An Appendix relating to the Natives of
Guinea, Monomotapa,
and other the less known parts of
Africa:
of the East, and West
Indies: Tartary, Greenland,
or any other remote, and uncivilized, or Pagan Countries
.
1. AS to their
Bodies
, observe the
features, shapes
, and
proportions
of them; but more particularly the features of their
faces
: their Eyes whether large, or small: their
Noses
whether flat and low, or sharp and raised: their
Hair
long, or short and curled or woolly: the
colour
of their
Skin
whether white, brown, tawny, olive, or black: the
colour
of their
Infants
when first born: whether
white people
removing into
hot Countries
become by degrees
browner
, &c. and
Blacks
removing into
cold Countries
, paler: whether
People
that inhabit the Countries which are
hottest
, be in Complexion of all the
blackest
: whether there be true
Negroes
Natives of any parts of the
world
, besides
Guinea
, and the adjacent parts of
Africa
. Observe also the
size
or bigness of their
Bodies
: their
strength, agility
, &c: and to what
age
they commonly live. Observe likewise whether they
paint
their bodies:
what parts
of them they paint, what
colours
they lay on: what
figures
they paint: and
how
they do it.
Their Manners.
2. Observe their
Tempers, Genius's, Inclinations, Virtues
, and
Vices
.
Their Traditions.
3. Enquire into their
Traditions
concerning the
Creation of the World
, the
universal Deluge
, the
People
from whom they are
descended
, and the
Country
from which they
Originally came
.
Their Religion,
&c.
4. Enquire into their
Notions
touching the
Supreme God, Angels
, or other inferiour Ministers: whether they pay any
worship
or reverence to the
Sun
, the
Moon
, the
Earth
, to
high Mountains
, to
Rocks, Grottoes
or
Caves
, in the Earth: to the
Sea, Lakes, Rivers, Springs
: to
Serpents
, or other
Animals
: to
Trees, Woods
, or
Groves
: and whether they do not use to build their
Temples
, and set up their
Altars
, or
Images
, in
Groves
. Enquire into all their other
Religious Doctrines
, and
Ceremonies
: their
Sacrifices
: whether they
offer Men
, or
Children
: their
Idols
: their
Priests
: their
Temples, Altars, Feasts
: their
Lustrations
, or
Purifying
themselves by
Water
: their
Sortileges
, or
casting of Lots
: their
Divinations, Charms
, and
Conjurations
: Also their opinions concerning the
Devil
, and whether they pay any sort of
adoration
to him: likewise their Doctrines concerning the
Soul
(its
Immortality
, its
Transmigration
into men, or other Creatures,) and a future State: their Customs and Usages at the
birth of Children
, and in the
education of youth
: their Ceremonies at
Marriages
, at
Funerals
, and whether they
burn
, or bury their Dead: if the latter, whether they
embalm
the body, or dry it, and
bury money
, Victuals, Cloths
&c.
along with it: the form of their
Year
: the
time
it
begins
: the method of their
Computation of time
, and to how many years backwards their
Tradition
reaches.
Their Laws and Government, their Arts and Sciences, with their Customs both Civil, and Military.
5. Get an Account of their
Laws
, and Civil
Government
: their
Language
, their
Learning
: their
Letters
, and whether they
write
on
Paper
, the
leaves of Palms
, or other
Plants, Bark of Trees
, &c. or,
instead of writing, use Painting
, and
Hieroglyphicks
: their
Musick
: their
Diet
: their
Agriculture
, or Tillage: their methods of
Hunting, Fowling
, and
Fishing
: their
Physick, Surgery
, and the
Simples
they use: their
Poysons
; their
Navigation
, and the
make
of their
Vessels
: all their other
Arts
, and
Sciences
: their
Manufactures, Traffick, Commodities, Money, Weights
and
Measures
; whether they understand the melting and ordering
Iron
, and other
Metals
: their
Apparel
: their
Houses
, and other
Buildings
: their
Utensils
and
Instruments
, whether made of
Iron, Stones, Fish-bones, Shells
&c. their
Exercises
, and
Sports
: their Government and Discipline in
War
: their
Weapons, Bows, Arrows, Darts
, &c. their
Warlike Instruments, Drums, Tambours, Cymbals
: their
Punishments
, and Executions. To be brief, make enquiry into all their
Customs
and
Usages
, both
Religious, Civil
, and
Military
; and not only those hinted in this Paper, but any others whatever.
Directions for the Collecting, Preserving, and Sending over Natural things, from Foreign Countries
.
What things to choose; and how many of each.
1. IN the
Choice
of these Things,
neglect not any
, tho' the most
ordinary
and
trivial
; the
Commonest
Peble or Flint, Cockle or Oyster-shell, Grass, Moss, Fern, or Thistle, will be as
useful
, and as
proper to be gathered
and sent, as any the rarest production of the Country. Only take care to choose of each the
fairest of its kind
, and such as are
perfect
or
whole
. As to the
Number
, six or eight of each sort is enough; But where so many of the same sort are not to be easily got, send one, two, or more as they can be procured.
All Places and Seasons afford somewhat worth the Observing and Collecting.
2. For the
time
of making
Observations
none can ever be amiss; there being no
season
, nor indeed hardly any
place
wherein some Natural Thing or other does not present it self worthy of Remark: yea there are some things that require Observation
all the Year round
, as Springs, Rivers,
&c.
Nor is there any
Season
amiss for the
gathering
Natural Things. Bodies of one kind or other presenting themselves at
all times
, and in Winter as well as Summer; only for Amber, Onyxes, and other Stones that lye
in the Sea Cliffs
: as also for the Glossopetræ, Teeth, and Shells that are there, search may be made to best purpose
after Storms
, because they are then chiefly beaten and
washed out
of those Cliffs. So likewise for the
Gold Grains, Stones
of all sorts, and
Shells
that are found upon
Mountains
, search ought to be made especially
after Rains
, because
these
wash of the Soil, and so discover them.
Minerals: and Fossil-Shells, of all sorts, to be sent.
3. It were very well that there were
sent over
hither some Specimens of
all Natural Bodies whatever
: To begin with
Fossils
; Let there be sent Samples of all the several
Varieties
of
Marble, Ores of Metals, Native Minerals of all kinds
, e.g. of
Antimony, Sulphur, Nitre, Alum, Talck, Sparr
, &c. of the Metallick, Sparry, Vitriolick, Nitrous, Aluminous, and other
Iceycles
that are found hanging down in
Grottoes
, and the
Fissures
of Rocks: the
Crystallized
Sparrs, Salts and Ores:
common Pebles, Flints, Marchasites
, &c. I call that a
Variety
wherein there is any difference as to
Colour
or outward Appearance, or in
Weight
, in the
Quantitiy
of the Metallick or Mineral matter or in the
manner
of its
mixture
. Of the forementioned, three or four of
each Variety
will be enough: but for
Agates, Cornelians, Amber, Crystal, Diamonds, Amethysts, Selenites, Belemnites
, or (as the Vulgar calls them) Thunderbolts, and the like, be pleased to send (of those which are found
single and loose
) six or eight of each, wherein there is any
difference
in
Figure, Bigness
or
Colour
: but for those which
grow together
(in Clusters or Bunches) to the Rocks, send Samples of them with
part of the Rock
to which they grow. As to those
Stones that resemble Cockles
, or other
Shells
, be sure to send six or eight of each wherein there is any the least difference,
&c.
For the
Seashells, Teeth
and
Bones
, that are found
at Land, on Hills
, &c. and those which are digged up out of the
Earth
, and
lye loose
in Gravel, Chalk, Marle,
&c.
six or eight of each sort will be sufficient; but for those which are found lodged in
Marble
or
Stone
, and are not easily got out
single
, send
pieces
of the said
Marble
and
Stone, of all sorts
, with the
Shells
so lodged in them; choosing only to break off (for these Samples)
such parts
of the Stone that contain the
fairest
and most
entire Shells
, and such wherein they lye
thickest
. The same likewise for the
Fern
, and
other Plants found in Cole, Slate
, &c. It were also not amiss that there were
Samples
sent over of the
Nitre, Sal Ammoniac, Flores Sulphuris, Cinders
, and other Bodies, that are flung forth of the
Vulcanoes
.
How to be packed up.
4. In order to the sending over these Stones, Minerals, Ores, Fossil-Shells, Teeth,
&c.
each ought to be put up carefully in a
piece of Paper
(the
Place
where 'twas
found
being first noted thereon)
by it self
, to prevent
rubbing, fretting
, or
breaking
in
Carriage
: and then
all put together
into some
Box
, Trunk, or old Barrel, placing the
heaviest
and
hardest
at the
Bottom
. Those Minerals which are
tender
and easie to be broken, as also the
tenderer
kinds of
Fossil-shells
, ought to be put up carefully together in a
Box
that is
not large
, and (besides the
Papers) Coton, Chaff
, or
Bran
, put up with them, the better to secure them.
Plants of all sorts to be sent over: and how to gather them.
5. As to
Plants
(as well those that grow at Sea, in Rivers, and Lakes, as those which grow at Land)
four Samples
of
each kind
(wherever there is any difference in Colour, or Figure, of the Leaf or Flower) will be sufficient. Where the Plant is large, as in
Trees, Shrubs
, and the like, a
fair sprig
, about a
foot
in length, with the
Flower
on that if that be to be had, may suffice: but of the
lesser Plants
, such as
Sea-Weeds, Grasses, Mosses, Ferns
, &c. take up the
whole Plant
, root and all. Chuse all these Samples of Plants
when they are in prime
, I mean in
Flower, Head
, or
Seed
, if possible; And if the
lower
or
ground Leaves
of any Plant be
different
from the
upper leaves
, take two or three of them, and put them up along with the Sample.
Plants how to be dried, and preserved.
6. To
preserve
these Samples of Plants, put them each
separately
, betwixt the leaves of some large
Book
, or into a Quire of brown
Paper
, displaying and spreading them
smooth
and even. The
next day
, and
afterwards three or four times
at due distance,
shift
them into
other Books
or
Paper
, till they are
sufficiently
dryed, when a
weight
may be laid upon them to press and smooth them; and so keep them, in some
dry place
, till they be sent over, sending them in Quires of brown
Paper
, and writeing on the outside
in what Country
the inclosed collection of Plants were
gathered
. For, both for these, and all other things, 'twill be proper to put up the
Productions
of each
Country apart
, or at least with
such distinction
that it may be known
whence
they all came.
Seeds, and Fruits, of all sorts, to be sent.
7. Be pleased likewise to send Samples of
Seeds
of
all kinds
of Plants, even the most
Wild
and
Common
. But
gather
them not till they are
Ripe
, and then put
each sort by it self
in a piece of
Paper
, and, along with it (if to be had) a
leafe
and
flower
of the
Plant
off which 'twas gathered, writing on the said Paper
the Names
(if any) by which the
Country people
call the Plants to which they belong'd, and the
Medicinal
, or other
uses, they
make of them. Also Samples of such
Nuts, Pods, Berries
, or other
Fruits
, that will
keep
. But both these and the Seeds ought to be
well dryed
before they are put up, and to be afterwards
kept dry
. I had like to have forgot to desire that Patterns might be sent over of all such
Woods, Barks, Roots, Gumms, Rosins
, Nat. Balsoms,
&c.
that are of any
use
, or have any thing
remarkable
in them: likewise of all sorts of
Fuss-balls
, and
Mushrooms
which are hardy and will keep, as most of those that grow out of Trees will: but for the
Earth-Mushrooms
, which are more tender, they ought to be put up in Glasses filled with Rum or Brandy; many of them being so very elegant and curious, as well to deserve such care in the preserving of them.
Roots of many Plants may be so ordered as to grow when brought over into
England
.
8. In like manner
Roots of Plants
would be very acceptable. And there are many Sorts of them that, with very little trouble, might be so ordered that they would
grow
again when brought over, and
set
here, tho after a long Voyage. Particularly those which are
Bulbous, Tuberous
, and
Fleshy
; Such as the
Roots of Tulips, of Lillies,
Crocous's
, Onions, Garlicks, Squills, Anæmonies, Potatoes, Yaums
, &c. These, I say, and all like Roots, may be sent as easily and safely as Seeds, if taken up out of the Ground, and
laid to dry
till the Ships come away, and then only put in
very dry
Moss, Coton, or Sand.
Particularly of the Fernkind.
Then for all kinds of
Ferns
, or
Brakes, Maiden-Hairs, Polypodyes Harts-tongues
&c. which are indeed a very Beautiful Family of Plants, their
Roots
may be
taken up
, (to be in readiness) and laid again into the
Ground
, and covered there, in some shady place till the Ships are ready to Sail; when each root need only be enclosed or wrapt up in a lump of
Clay or Loame
, and then put up into a Box with Moss, and so sent over. In the same manner may
Roots
of
Gingers, Turmericks, Flower-de-luces
, and the like be sent. As also of all sorts of
Arums
, or
Cuckopints, HerbDragons
, &c.
Some whole Plants will grow when sent over hither.
9. Yea the very
intire Plants
themselves will, several of them, keep so long that they may be securely sent over hither; and will, if Set, grow afterwards, and thrive well enough. Such as all the kinds of
Aloes, Semporvives House-leeks, Prickley-Pears, TurksCaps, Euphorbiums, Torch-thistles
, or indeed any others that are of a very
juicey crass
, or
thick substance
. These need only be
hanged up in the Air
, at the top of some
Cabbin
, to keep them from
rotting
, and they will come safe without any further trouble.
Beasts, Fish, Fowl, Serpents, &c. to be sent, and how.
10. For all
larger Creatures
, whether
Beasts, Fish
, or
Fowl
, 'twill be best to take off their
Skins
carefully and well, and send only one or two of each. But for the
lesser Creatures
, such as
small Birds
, and
Fishes, Lizards, Camelions, Salamanders, Serpents
, and such like, they may be most of them well enough
preserved by drying
, especially if their Guts and
Entrails
be taken out. Unless you rather think fit to put some or the more
rare, curious
, and
tender
, into small
Jarrs
, filled with
Rum, Brandy
, or
Spirit of Wine
, which will keep them extremely well; and you may safely put
as many
of them into the same Vessel as it will well hold without crowding them, filling it up afterwards with Rum,
&c.
and then carefully
closeing
it up. Of each of these three or four will be enough.
Coralls, and Shells to be sent.
11. As to
Sponges, Brain-stones, Sea-fanns, Sea-roses, Corals
of all sorts,
Crabs, Lobsters
, Sea, River, and Land
Shells
, whether common or uncommon; great or small, send five or six of each, wherein there is any Difference in
Figure, Colour or Bigness
. Of the Shells, where they are easie to be got, chuse those that have the
Creatures still living
in them (which yet ought to be
pluckt out
, or they will putrifie and stink) such being by much the freshest and fairest: but where such are not to be got, take the empty and dead Shells as you find them; only of the
Bivalves
or double Shells, endeavour to send
both the upper and under Shell together
.
Star-Fishes, and Sea-urchins.
The several sorts of
Starr-fishes
, and of those round Shells (beset with Spikes or Prickles) which are called
Sea-eggs
, or
Sea-urchins
, are all very beautiful, and deserve well to be preserved. The
Starrfishes
may be very easily
dried
, or put up into Brandy, and so sent. But the
Sea-urchins
are
very tender and brittle
, so that 'tis not so easie to preserve
them
, especially
with their Spikes on
, which 'tis greatly desirable might be done; and of all, those that are beset with the
largest Spikes
, are the most
rare
and
curious
, so that too
great Care
and Exactness cannot be bestowed in Preservation of them. If they will not dry well, they ought to be put up, each by themselves in
Vessels
of
Brandy, e.g. Gallypots
just big enough to contain them, so that they may not
shake
, and be thereby dispoiled of their Prickles. But if any of them are capable of being dried, they may be put up (
with their Spikes on
) carefully with Coton in
Pill-boxes
that just fit them.
Directions to the Fishers for Pearl, Amber, and Corall.
At the
fishings for Pearl, Amber, or Coral
, save Samples, not only of the
several sorts of Pearl-shells
(as also of the Pearls themselves of all Sizes, Figures, and Colours) of
Corals
, and of
Amber
, but
any other thing
, whatever it be, that either the
Divers
, the
Nets
, or the
Engines
, bring up out of the Sea along with them.
Shells, and Corals, how to be put up and sent over.
These several sorts of Shells, Corals,
&c.
ought to be
put u
p each in
Paper
, and then all into some Box, with Coton, Bran, or Chaff, and
great care
taken of those that are
small, tender
, and
brittle
.
Flies, and Insects, how to be sent.
12. The greatest Difficulty of all will be to preserve, and send over safe, the
Flies
and
Insects
, by reason of the great
Tenderness
of them. Endeavour to procure some of all the several sorts of these, not exceeding 3. or 4. of each.
Worms, Grubbs, Caterpillars, Spiders, Beetles, Grashoppers, &c.
will keep best if
put up
, as many as conveniently may together, in
Bottles
with
Brandy, &c.
But the several sorts of
Flies, Bees, Wasps, Butterflies, &c.
ought to be put upon
Pins
, and
stuck
to the Bottoms, Sides, and Tops of small Boxes; but care must be taken that they
stick very fast
, for if one of them fall off and get loose, 'twill tumble about, and so break and destroy all the rest that are in the Box.
Some of the Idols, Pictures, Money, &c. of the Savages to be sent over.
13. It were likewise not amiss to
send
over some of the
Idols
of the
East
or
West Indians
, or any other of the less civilized Nations, as also of their
Pictures
: their
Writing
, whether upon
Paper
, or the Leaves or Bark of Trees: their
Money, Weights, Measures
: their
Instruments
of any kind: their
Domestick Utensils
: their
Habits
, or the things they wear,
Skins
of Beasts,
Feather-dresses, Rings, Beads, &c.
their
Medicines
: their Poysons: their
Musical
Instruments: their
Weapons, Bows, Arrows, Darts
, especially those that are headed or pointed with Flints, Bones, or Shells: their
Drums
and
Tambours, &c.
A Caution about the sending the Boxes to and from the Ship: and about the Officers of the Customs.
But for
these
, and especially for the
natural things
, that are thus sent over,
great Caution
ought to be used that the Boxes wherein they are, be not
turned topsyturvy
, or much
tumbled
and
shaken
in carrying to and from the Ship. And above all, that the things be not
broken
, or
rifled
and
confounded
by the
Custom-house Officers
and
Searchers
; which may be
prevented
by giving timely
notice
to your
Correspondents
here to get a
Warrant
, from the Honourable the
Commissioners
of the
Customs
, that the
Cases
and
Boxes
may not be searched on Ship-board, but brought into the Customhouse Ware-house, and that some
careful person attend there at their opening
, to see that no Inconvenience or
Damage
befall them.
The Conclusion, to the Collectors of these Natural things.
There remains now only one thing more to be hinted, and that is, in regard the
Observations
to be made both at Sea and Land are
very many
, and the Plants, Minerals, and Animals, to be
collected
, are also very
numerous
, 'tis not expected that any one
single Person
will have
leisure
to attend to
so many things
, and therefore 'tis only requested that he make such Observations and Collections, more or less, as may be best
suitable
to his Convenience, and to his
Business
. If there be
never so few Observations
made or things collected, yet even they will be very
gratefully received
. But for such curious, and inquisitive Persons who shall generously bestow a yet
greater Diligence
and Application in the Promotion of these many of them so very
useful and considerable Parts of Knowledge
, the learned and better Part of Mankind will be so much the more
highly obliged unto them
. And here are many of these things, especially the
gathering
and
preserving
of Insects, Shells, Plants, Minerals,
&c. may be done by the hands of Servants
; and that too at their spare and
leisure times
: or in
Journies
, in the
Plantations
, in
Fishing, Fowling, &c. without Hindrance of any other Business
, the
things
herein desired being
common
, and such as (one or other of them)
occur in almost all Places
.
Some Additions to be inserted each in their proper Places
.
Pag. 1. line 18.
WHether some Seas be not salter than others
.] This may be tryed partly by boyling or
evaporating
an
equal Quantity
of the Water of
different Seas
, and then observing what
Proportion
of
Salt each
yields: and partly by finding the several
Gravities of the Waters
of the said Seas by means of the Instrument mentioned Numb. 4. in the List beneath. By the same Instrument may the
Weight
of the
Waters
of
Mineral-springs, Hot-bathes
, and
Lakes
, be tryed; which it were to be wish'd might be done in all Places. But above all, Enquiry should be made whether the
Sea
, in some Parts of it, and
Lakes
, have not their
Water
impregnated with
Nitre
and
other Minerals besides Salt
. This may be discovered by the
Taste
or
Smell
of the Water: by
evaporating
it, or some other proper means. The different
Colour, Thickness
, and
Muddiness
of the Water of the
Sea
and
Lakes
ought likewise to be noted.
Pag. 2. line 2.
What perpendicular Height the Sea rises at high-water
.] I mean how much it rises above the Level of low-water. Observe further at what
time of the Moon
, and
seasons of the Year
, the Sea
ebbs lowest
, or
flows
highest in any Place; not neglecting to note all other Accidents and
Circumstances
of the
Tydes
whatever they be.
ibid. line 6
Things flung upon the Shores by the Sea
.] Amongst the rest look diligently for
Amber-gris
, the Natural History of which is yet very little known. 'Tis supposed to be cast out by the Sea; but whether it be so really, or be drawn out of the adjacent Cliffs (as many other Bodies are, that were supposed to be owing to the Sea) is to be determined by
future Enquirers
; who would do well not only to make
this
a Part of their Consideration, but to observe likewise its
colour, smell
, and
taste
: The
Quantity
of it: what
other Bodies
are mixt with it, or lye near it: Also the
condition
of the
Sea
thereabouts, whether
turbulent
usually, or
calm
: whether the Water be
frothy
or
oyly
; and, to be short, all other
circumstances
that may give any light into this matter.
Pag 3. line 17.
Of Winds
.] Also of the different
Effects, Constitutions
, and
Temperatures of Winds
, which
hot
, which
cold
: which
moist
, or attended with
Mists
, or
Rain
: which
dry
, &c.
Pag. 4. line 16.
Of Springs
.] And whether there do not sometimes happen
extraordinary Eruptions
, or
vast discharges of water
out of them, without any externally apparent Cause. The same also concerning
Lakes
: as likewise concerning
Grottoes
.
ibid. line 27.
Rivers
.] And whether
these
do not also suffer
sudden and unusual Eruptions of Water
forth of their
Sources
: whether they have not periodical
Inundations
, occasioned by the great
Rains
that fall at certain Seasons, as the
Nile, Ganges
, and several other Rivers have: how
high
the
Tides
rise at their Ostia or outlets, and how
far
they flow up them; with the
periods
of the flux or reflux.
Pag. 5. line 21.
Mines
.] How
deep
are the deepest
Mines
and
Colepits
: whether there be not
water
continually
draining
and
ouzing
through the
Ores of Metals
, and the
Spar
, and other
Minerals
that lie in the
Cliffs
of the Stone: what are the peculiar
Diseases
that attend the
Miners
: what
Mines
are chiefly detrimental to
Health
, and whether there be not some that are observed considerably to
shorten the Lives
of the
Miners
: also whether the
Smoke, Ashes
, &c. that fall upon the
Grass
near the
Forges
and
Smelting-works
be not hurtful to the Cattle that feed upon it: Lastly, Whether the very
Waters
of the
Springs, Rivers
and
Brooks
near, especially about
Lead-Mines
, are not sometimes
infected
with the Mineral steams, so as to be likewise
noxious to the Cattle
which drink of them.
A List of such Instruments, and other things, as may be serviceable to those Persons who make Observations, and Collections, of Natural Things
.
1.
THE
Weather-glass
now lately contrived by
Robert Hook
, M.D. Professor of Geometry in
Gresham
College, and S.R.S. of use at
Sea
as well at
Land
.
2.
The common
Barometer
.
3.
The common
Thermometer
.
4.
The
Hygrobaroscope
, or small Glass Instrument, with the Neck or Stemm graduated into small Divisions, serving to try and compare the
Gravity
of
Liquids, Waters, &c.
5.
A
Dipping-needle
; in order to observe the several Degrees of its
Inclination
in all Parts, both at Sea and Land.
6.
A large
Quadrant
, for
taking the Height of Mountains, &c.
also for the making
Astronomical Observations, &c.
7.
A
Level
, whereby to judge of the
Situation
(in respect of the Horizon) of the
Beds of Earth, Stone, Marble, Cole, &c.
in
Mines, Quarries, Cole-pits, &c.
8.
A
two-foot-rule
, or other like
Measure
, exactly graduated, as well to take the Depth of the Water in the
Experiment
related above
page
3. as for other Uses.
9.
Hammers
, bigger and smaller, to
break
, and
examine
the interiour Constitution of
Ores, Native Minerals, Stones, &c.
with a
Chissel
wherewith to dissever or strike off
shells
from the Mass of Stone, Marble,
&c.
conf. pag. 6. and pag. 11. above.
10.
Crucibles, Fluxing-powders
, &c. for
melting
and
tryal of Ores
.
11.
An
Eradicator
, or small Iron Instrument to take up the
Roots
of Herbs out of the Earth.
12.
Several
Quires of brown Paper
to dry and keep
Plants
in.
13.
Several Nests of
Dutch
, or
Pill-Boxes
: also
Deal Boxes
of several Sizes, in which to put up, and
send over Natural Bodies
.
14.
Bottles, Jars, Gally-Pots
, or other like
Vessels
, wherein to put the more
tender Creatures
, with Spirits
&c.
15.
Spirit of Wine, Rum
or
Brandy
, to preserve the said Creatures,
e
.g. Insects, Lizards, Serpents,
&c.
16.
A
Solution of Mercury Sublimate
; or the same in
Powder
, a small part of which may be
dissolved
in a little Water, by boiling it gently in a Pipkin; which Pipkin ought to be kept for this only
purpose
, it being
dangerous to put it to any other use
, the
Sublimate
being a
Poison
. When the Liquor is
Cold
, a little
Spirit of Wine
may be added to it, if to be had. The
use
of this
Solution
is to
chase
and
rub
upon the
Insides of such Animals
whose
Entrails
are taken forth (as Page 14. above) in order to dry and preserve them;
this
serving to
fence off Worms
and
Insects
from preying upon them, preventing also the
falling off of the Hair or Feathers
, and securing them against
Putrefaction, Stinking, &c.
It would be of incredible
advantage
to this Design, were
all
the
Thermometers
and
Hygrobaroscopes
used in it adjusted nicely and exactly after some
one common Standard
. Which would be a Thing very easie to be done, were they all
bought
of the
same Person
. Nor can I, if I may presume to recommend one for this purpose, nominate a fitter than Mr.
Hunt, Operator
to the
Royal Society
at
Gresham College
; who will not only procure the two mentioned, (graduated very carefully) or indeed any of the other Instruments, but likewise be ready to
direct
any one, who shall desire it, in the method of
using
them; or to
advise
and
assist
them in any other thing tending to the promoting of this
Design
. For the
Thermometers
, were they thus all of them, adjusted to the same
Standard
, (to be kept constantly in the
Repository
at
Gresham College
, where any Man might have recourse to it) 'twere easie to make a true and
certain Estimate
of the
Heat
or
Cold
in any part of the World where these
Thermometers
were used, for they would all of them constantly
answer to one another
, in what Country soever they were. By this means the Heat or Cold of all Places in the
same Climate
or under the same Latitude may be compared and known, for any, or all, Seasons of the Year. The same way may a comparative judgment be made of the Heat or Cold of
Climates
tho never so
different
and distant: the Heat of
one Countrey
or Place may be
conferred
with
another
; of
one Mine, Cole-pit, Grotto
, or other
Subterranean Cavern
, with
another
: the temperature of
Valleys
or
Plains
with that of
higher Ground
, and with the sides or Tops of
Mountains
; which would be a thing of real and very
great use
in many respects. So likewise for the
Hygrobaroscopes
: were they all adjusted after the same Standard, there would be a fixt and
standing Rule
whereby to judge of the
Gravity
of
Fluids
all over the World where ever these Instruments were used. The Gravity of the
Water
of
one Sea
might be
compared
with that of
another
: of the
Northern
with the
Southern Seas
: of the Seas under the
Æquinoctial
, with those at the
Poles
. So also of
different parts
of the
same Sea
, the
Shores
with the
Main
, or the
Waters
of the very
same place
, taken up at
different depths
, with each other. In the same manner may be examined the
Water
of
Lakes
, of
Rivers
, of
Mines, ColePits, &c.
of
Springs
of all Sorts, both the
Mineral
ones and
others
, all over the World.
FINIS.
THE Present State OF
PHYSICK & SURGERY
IN LONDON. With an
Estimate
of the
Prizes
of all the MEDICINES Now in Use.
IN A LETTER From a Merchant in
London
, to a Dispensary Physician, with the Physicians Answer.
Siste gradum, & specta: Non hic
Ludicra
peruntur
Præmia,
sed vestrâ de
Vitâ & Sanguine
certant.
Cos
acuens
ferrum,
quando
Ægro Vena
secunda, Sic ait: ut
prosim,
quàm mihi
dulce teri?
LONDON
, Printed for
Thomas Speed
, over against
Jonathan's
Coffe-House in
Exchange-Ally
in
Cornhill
, 1701.
The Subscribers to the Dispensary.
SIR
Tho. Millington
President.
Dr.
Collins
.
Dr.
Charleton
.
Dr.
Torlesse
.
Dr.
Morris
.
Dr.
Hulse
.
Dr.
Fowke
.
Dr.
Goodall
.
Dr.
Cox
.
Dr.
Gibson
.
Dr.
Harris
.
Dr.
Briggs
.
Dr.
Mills
.
Dr.
Bateman
.
Dr.
Dawes
.
Dr.
Gill
.
Dr.
Rich. Robinson
.
Dr.
Pitt
.
Sir
Edm. King
.
Sir
Theod. Colladon
.
Dr.
Harrel
.
Dr.
Gray
.
Dr.
Le Fevre
.
Dr.
Hutton
.
Dr.
Sloan
.
Dr.
Hawys
.
Dr.
Garth
.
Dr.
Gaylard
.
Dr.
Nicholas
.
Dr.
Wright
.
Dr.
Harvey
.
Dr.
Drake
.
Dr.
Woolaston
.
Dr.
Woodward
.
Dr.
Colebrook
.
Dr.
Rich. Morton
.
Dr.
Norris
.
Dr.
Branthwait
.
Dr.
Ch. Morton
.
Dr.
Morelli
.
Dr.
Cockburn
.
Dr.
Hamilton
.
Dr.
Horseman
.
Dr.
Colebatch
.
Dr.
Silvester
.
The PREFACE to the Reader
.
DEsigning to Publish these
Papers
, on a Subject in which every one is now, or will hereafter be
Concern'd
, I addresst to the
Evening Meeting
at the
College
, after they had given their
Advice
to a large
Confluence
of
Patients
, for a more
particular Information
, having lately met with some
Reflections
on the
Dispensary
. They gave me the
Reasons
, which mov'd them to make the first
Subscription
to their
Repository
of
Medicines
.
1.
That the
Apothecaries
had often Reproach the
Physicians
, that the
Poor
were left to their Care, and that they neglected the
Pharmaceutic Part
, or the
Preparations
of
Remedies
, which was now
lodg'd
in themselves.
I was convinc'd that the
Dispensary
is the greatest
Relief
to the
Poor
, who have the
best advice
, and the
best Physick
at a very
small Expence
.
The
Physicians
are frequently considering the Drugs, and as carefully viewing the common Preparations, improving them, and adding others, which they judge more useful to the various
intentions
of
their
Art.
2.
The
Citizens
very often
Complain
to their
Physicians
of the very chargeable Bills of the
Apothecaries
, and declare their
Jealousie
of a
Combination
in the multiplying
Medicines
, and
Doses
, beyond the
Exigence
of the
Disease
.
The
Dispensary
gives
releif
to the
First
, by affording theirs almost at the First
Cost, 15
or 18 in
20 Cheaper
than they are paid for in the
Bill
, at
Christmas
. And the
Dispensary Physicians
being under no
Engagements
with the
Apothecaries
, Cure their
Patients
with One, or a few
Prescriptions
, in less
difficult Disorders
: with no more, than are
necessary
in the more
dangerous Distempers
, carefully
avoiding
(all
Medicines
acting on
Nature
with more or less
violence)
the more
hazardous Extreme
. The Charge is under 10 or 20
Shillings
in a
Feaver
or
Small Pox
, instead of so many
Pounds
. Many others require not
Physick
of more than Three or Four
Shillings
, which by the
Craft
of subdividing into
Boles
, and
Powders
, and
Draughts
are in the Sum
total
of a
Bill
Four or Five
Pounds
, the
Rates
to be supported by the very hard Names, with which they are Dignify'd for this purpose.
3.
The Third
Reason
respects the
Physicians
. They have been many Years under the
dread
of the
Apothecaries
power, who
avowedly
own, they
Command
in all the
Families
, and can bring in, or turn out, whom they please. They observe, they
Govern
as a
Tyrant
his
Subjects
, make them
obedient
by the grievous
Taxes
they are forc't to Pay. The
People
from the exorbitant Payments to them, dare not consult a
Physician
, unless at the last extremity of a Disease.
The
Physicians
would govern their
Patients
, only by their own
Reason
. They have the
Liberty
of having very cheap
Physick
, instead of very dear, and consulting them at the
beginning
of a
Distemper
, secure from an
Expence
which shall at any time surprize.
They would prevent their own
Ruine
, chiefly from their
best Success
. This has been hitherto the
Case
of the
Faculty
. If they Conquered a
Distemper
, the
Remedy
(tho' not the
manner
of using it) becomes the
Apothecaries
Nostrum
, to be Sold out to every one, and their Successors: And the
Doctor
left at leisure to invent more, to remain with him during the Cure of one
Patient
, like the
Ephemera
, which lives but one
Day
.
Thus the
Dispensary
complies with the Two
Proposals
of the
Apothecaries
, removes the
Peoples Complaints
and
Jealousy
of a
Cheat
put on them by all
Physicians
, and gives the license to him of using his own
Method
and
Prescript
, to his
Patients
advantage and his
own
.
The
Apothecary
cannot with any ingenuity
complain
, that he is
injured
. For as he seizes on the
Advising
part, as a
Dependency
, he would annex to the
Shop Trade
: The other from the
Example
brings them both together to the better Service of the
Publick
. If the
Apothecary
proves an
Ambodexter
, feels the
Pulse
with one
Hand
, and makes
Medicines
with the other; Why may not the
College
please the
People
with the same
Dexterity?
Unless (which is reasonable, where
Health
and
Life
are taken care of) the
Apothecary
will wholly Practice the
Judicial
part, and leave the
Ministerial
of making
Medicines
to the
Physician
.
But I have heard the
Dispensary
impeacht with the
barbarous Design
of destroying the
Apothecaries Company
. They
Scorn
the ridiculous
Imputation
, and declare the greatest
Esteem
of those of that
Society
, who, like the
Gentleman
near the
College,
Moribus antiquis
, are as Eminent for their Care in preparing the best
Medicines
, as their
Integrity
and
Modesty
in not invading the
Profession
, or
abusing
and
destroying
the
People
. The
Apothecaries
destroy themselves by their
Numbers
, multiplying from a
Thousand
to as many more in the space of Eight
Years
, without any Prospect of checking the superfluous
Increase
.
They must therefore
accuse
the
unhappy Conduct
of their
Company
, who would not foresee, and are now
insensible
of its fatal
Consequences
.
They
avow
with assurance, that they have or will take the
Practice
of
Physick
into their own Hands, only reserve Five or Six
Great Men
, to take on themselves the
Odium
of the
Deaths
of their
Customers
. The
Surgeons
fare not better than the
Faculty
, They are reserv'd for the
Difficult
Cases, are rob'd of all the more common; by success in which, they can only acquire
Skill
and
Dexterity
for the more
Important
. The
Poor
are
undone
in every
Sickness
, and
destroyed
in the
subsequent
, deter'd from applying to any
Relief
. The
Dispensary
pretends to
preserve
those, who are at present more
numerous
than the
Apothecaries
.
It will be the
Alma Mater
to the
Physicians
from the Two
Universities
: who will be able to
Exercise
the
Learning
they had acquir'd there.
The other
Objection
I have often heard from the more
unobserving
People, or whose
Memory
may not serve them well, that the
Apothecaries
sell us Cheap. It's granted, if they
will
. But do not they by their own and the
Doctor's Artifices
in
dividing
, sell an
Electuary
of
12 Pence
(the most
Cordial
and most us'd in
Feavers)
in
Boles
for
12 Half Crowns
: A
Julep
of the same
Value
, put into little Glasses, for almost as much. A
bitter
or other
Decoction
, which may be Boyl'd at Home in
Silver
, or
cleaner Vessels
, then in the
Shop
, of Two or Three
Pence
, brought in little
Doses
, at
10
or
12 Shillings
. We will not
quarrel
their
11 Pence
in the
Shilling Profit
, would only prevent the
return
of it 40 times in 24 Hours many days following, when the
Patients advantage
is the least part of the
Design
of the
mincing
and
subdividing
.
The Last and Vilest
Objection
is, that the subscribers to the
Dispensary
are not as Eminent, as the
Physicians
their
Favourites
. It's own'd they can make
Famous
or
Infamous
, by a few
Cabals and Visits
in all Quarters of the
Town
. But is there any part of
Physick
, even Poetry, which these
Gentlemen
cannot pretend to, as well as the
other
, who
distrust
their own
Merit
, by courting their
Favour
, and putting themselves into their
Service;
and plying them, as
Porters
a Shop of the larger
Business
.
I could not, till after a long
Discourse
, penetrate into the more
abstruse
and
secret design
of the
Dispensary
. 'Twas own'd at last by those the most proper
Judges
, that the
People
in the more common and usual
Illnesses
, recover easily by the
Strength
of
Nature
, or one or two proper
Directions
. In these a
great
, but
useless Expence
must pay the
Attendance
of the
Apothecary
, who has no
gratuity
given him but must satisfy himself by the
number
of
things
, he can prevail on the Sick to
tæke
.
In the other
Diseases
with Danger, when
Nature
is
weak
or
raging
and has only one
Crisis
(of its own
choosing
chiefly) by which it can be sav'd; and many
hot
or
cooling Doses
, unhappily given, or diverting the
Crisis
by one tampering, brings certain
Destruction
. By this
unfortunate
, but
in vogue management
, 'twas asserted, that the far greater
Numbers
are
Kill'd
and
Destroy'd
by
Physick
, who would undisturb'd have surely recover'd without Any.
The
Dispensary
Practice
will in a little time demonstrate, that the
Remedy
to this
Pernicious Practice
can be only had from it self, secure from the Infection of this Inhumane Craft of growing Rich. Others therefore, who resolve to continue in the
Old Mode
and
Fashion
, and will have the
Apothecary
to please himself in the
Price
and
Number
of the
Medicines
they take, need not express any
Resentment
to the
Dispensary
, which only proposes a
Method
in all respects more Commodious for them.
They may expect that this will be Debated between the
Physicians
of the
Apothecaries
Party and the
Peoples
, the one Side relying on the receiv'd
Maxim,
si Populus decipi vult, decipiatur
, the other, on the
Magna Charta
of all
Communities
,
Salus Populi Suprema Lex esto
.
When it shall become
Sensible
, how much the
Publick
is impos'd on in the
Expence
in
Sickness
and in
Life
it self. The Laws which now Punish
Offenders
, who by
Support
or
Discipline
might have been diverted, will at last interpose the
Cure
of more
Latent
, and more
enormous Crimes
. The
Faculty
will have the
Protection
it Demands, after the performance of its Part, of all the
stipulated Conditions
. The
Dispensary
will have the
publick regard
, or observe its
Enemies
some times Punished with
Fines
, more than the
Hundred Marks
, or the other more
Severe
, the loss of
Life
, from
Medicines
in the exorbitant
Quantity
, as destructive as
Poyson
.
A Letter from a Merchant in
London, to a Dispensary Physician.
SIR
,
I reflected often after my discovery from my Feaver on the method reviv'd by the
Dispensary Physicians
, of treating their
Patients
with a
few Medicines
(not almost hourly every day, as is the present mode of the Town) but as you observe the effect of the
last
, and the apparent exigence of the
Disease
. This
Caution
gave me a greater
confidence
in your
Art
, and was improv'd by the assurance I had of the Medicines being faithfully prepar'd and dispenc't at the
College
: the expence of which was less during my confinement, than I have had formerly exacted in one day. How often have I thought of the strict command you gave, that I should after my
restless nights
, remain
undisturb'd
till almost
Noon
, and of the repose and refreshment I never fail'd of during the morning. You demanded the
first view
of me, before I was rufled by any
intrusion
, especially by those who from a groundless pretence to skill disturb by
vain enquiries
, or terrifie by random
Prognosticks
, the entertainment for the mind during the inquietude of the night following.
When you allow'd me to sit up and receive my Friends, I had one day the conversation of my Relations, who had consulted you, They entertain'd me with this new
Revolution
in Physick, and the generous design of the
Dispensary
, with which they declar'd themselves extremely satisfy'd. They told me that this
Contest
between the
Honest Physicians
of the Dispensary (thus it seems you are distinguisht, tho the word has lately lost its
value
) and the
Apothecaries
on the other side, supported by their
Confederates
the
Anti-College Physicians
, was as much the common Discourse abroad, as the difference of the two
Companies
, the
Bank
and their
Antagonists
, or the great Factions, which divide the Nation. 'Twas not very easie to us, to find out, upon what reasons and pretences this
Controversy
began, and is now carried on with so much
heat
and
animosity
.
But we, who had been advis'd by you, and has us'd the College Remedies, could more easily discover the true causes of this
Separation
, than the
Citizens
, who yet ly under great
Errours
and
Prejudices
in this
Affair
.
The case I presume (and it was the Opinion of the whole Company) may be stated in these few particulars.
That the
Honest Physician
is oblig'd by the Trust repos'd in him by his
Patient
, and his
Interest
in the
Success
, to take
Care
, that the Medicines are
effectual
and
Dispenc't
with the utmost
Fidelity
. For if the Instruments he uses are not good, the effect of his Advice is lost, and by a mistake in
Weight
or
Measure
the Life of the Patient destroy'd.
The
Apothecary
neglects his
duty
to the
Physician
and the
Sick
: Is rarely in his
Shop
, prepars few
Medicines
, but buys them abroad under great uncertainties, and trusts raw unexperienc'd
Apprentices
to select the
Ingredients
and measure the
Proportion
in the
Prescript
.
The
people
, who are not acquainted with the Dispensary, of two
Evils
, as
they
think, choose the least. They believe, that, by using the
Apothecary
, they save the
Physicians Fee
, tho the Medicines excessively rated, and brought in little parcels to be taken often, rise to a greater sum, (by three in four in most cases) than both the
Advice
and
Physick
necessary in most
Distempers
.
The
Associate Party
of the
College
often feeling the Apothecaries power in the Families, readily come in, or are forced to serve under them, on condition they forward with all their Arts the
Increase
of the
Bill
, and raise their
Ability
to advise to an equal pitch with their own: By both which the Apothecaries Interest is more confirm'd and improv'd.
Your
Design
therefore is, to revive the former
Practice
of
Physick
, particularly that of Dr.
Lower
and Dr.
Sydenham
, who had much greater success with
fewer Remedies
, then are now upon these different projects
forc'd
upon the people: or rather to expose to publick view, the
methods
, the
Physicians
at this time and the
Apothecaries
, use to
themselves
and
Friends
, of avoiding carefully the excess, by which the most
innocent
things, when
Nature
is disorder'd, become
destructive
.
You design to convince the
People
by their experience, that the most useful and
effectual
remedies are of no great
price
.
The
Publick
will soon become sensible that the
Expence
in almost all
Diseases
of each day will be of one, two, or three Shillings, instead of so many
pounds
, at the usual rates of the modern management, and that their
Distempers
will sooner yeild to a few well prepar'd College Medicines, than to the common decay'd, vitious, and adulterate of the Shops, and that the
Physician's
Reward and the Expence of what he advises, comes far short of the
Sum Total
of a
long Bill
.
Your
Dispensary
therefore cannot fail of the Universal approbation, especially when the
people
shall reflect, that in many cases they have us'd themselves, the
method
you recommend: preparing in their Houses the
white Decoction, purging Infusions
of
Rhubarb
, and
Sena
: or using the common
Cordial Waters, Spirits
and
Tinctures
, bought of the
Druggist, Chymist
, or
Whole-sale-Shop
.
But when its use shall become more
publick
, your generous
Charity
and regard to
Mankind
, will be loudly applauded; and the advantage from it to this City allowed to be of greater extent, than all the
Royal
and munificent
Hospitals
in
Europe
.
We could take this
short view
of the present and the future state of
Physick
(which is obvious to every one, who will consider his own Interest, or not be very unwilling to be inform'd) but because it is an
Affair
of the greatest concern of our Life. Your Friends oblig'd me to consult you, and report to them your Opinion of the greivous
Distemper
and the
worst
most
probable
methods
of
curing
it, with an unanimous resolution to support and encourage a
Design
, by which
all Conditions
of
Men
are equally oblig'd.
You prepar'd me to receive the
dismal Account
of the
barbardous treatment
of the
Sick
, by a Preliminary
Postulatum
, which no reasonable Person can refuse to
allow
, that the Zeal and Concern the
Dispensary Physicians
express to relieve the Publick, ought not to be less, than is justly expected by every particular, when he commits his Health and Life to the Care and Integrity of his
Physician
.
I am afraid, my memory has not retain'd the whole, your information consisting of so many parts: But these have made on me too great an Impression, to be easily forgotten.
That we are more
impos'd
on, than any other
Nation
in the
World
, in all the
Arts
, which relate to
Health
and
Life
.
That the common and most useful
Remedies
are put on the people at a rate in the most fifty times, in many other one
hundred times
more, then their
intrinsick
value.
That the exorbitant
Expense
ruines the
Poor
, deters them and the
Wealthy
from a just care of their
Health
, to avoid the oppressive
treatment
in subsequent
Diseases
.
That to
hide
these
Exactions
from the people, the
Apothecaries
allow none to practice with them, but those
Physicians
who betray their
Profession
, countenance the use of a
vast quantity
of Physick, destructive to
Health
, and support the exorbitant rates in the
Bill
.
That the
Physicians
are by them brought into all the Families, even those, in which the
Publick
is greatly concern'd, whose most distinguishing
Character
is taken from their
Zeal
to
serve
their
Interest
.
Writing well
is the Language for writing a very
long Prescription
; so much of it is for the
Patient
, the larger part is the
Bribe
or gratuity to these
New Solicitors
, who cannot fail; when they assume the power to govern and command (in the
Physick business
) all their
Customers
.
The esteem of the
Profession
is sunk by the Scandal of all the
Deaths
in the Town thrown on the
Physicians
, who are rarely consulted, but when the
Case
is made
desperate
by the
Apothecary
. The
Patient
therefore takes the
Prognostick
of Death from the change of
Advice
, and is depriv'd of that
Assurance
, which is the greatest
support
in
Sickness
, as in
War
, from the opinion of the
Generals
Conduct from former Success, and in all other the greatest
Affairs
.
That the
Study
of the
Art
is
neglected
, because the
Diseases
are by ill treatment forc'd into
unnatural Symptomes
, and to differ from all these, your
Authors
treat of. There are in all the
Books
of
Physick
no
Cases
of
Distempers
manag'd by an
Apothecary
, by almost one common random method, your
Writers
having been careful in this particular to
conceal
the
Infamy
of the
People
and
your Profession
.
You perceiv'd my
Surprize
, and
prevented
my
Reflection
on the
College
, that they had not long since interpos'd to
prevent
the
ruine
of the
People
and
themselves
, by presenting me with the
Papers
publish'd by the
President
and
Censors
, and that lately concerning the
Dispensary
, subscrib'd by more than forty of the first
Contributors
. You pointed to me the
Paragraphs
which justifie, and support all the
Articles
of
Impeachment
. The account of the erection of the
Dispensary
at the desire of the
City
must silence even the
Apothecaries
, as well as the unwary
Opposers
, whose
interest
is procur'd by it. I observ'd its now almost
ten years
since, that a
Committee
of the
Honest
part of the
College
had expos'd these
Grievances
to the
Lord Mayor
and
Court
of
Aldermen
, and had afterward at several times convinc'd them of the necessity of removing the
oppression
the
Publick
had long felt and complain'd of. It was concluded, that the
Physicians
should
rate
the
price
of the Medicines in his
Prescription
. This was haughtily rejected by the
Company
. At the meeting in their
Hall
some months after, a small number of the
younger Apothecaries
offering to comply with it, were compell'd with
Threats
of the
worst
usage in their
Society
, to retract and withdraw their promise. The
Committee
of the
Aldermen
and
Commons
proposed: (the
Apothecary
thus flying of from that as
necessary
as
reasonable Proposal
) That the
College
would provide a
Repository
of
Medicines
, which will have and may justly claim (especially after twenty thousand Bills made up there) their
Regard
and
Protection
.
The Governours of our
Hospitals
, who give their
charity
in directing the
charity
of the
Founders
in their
respective Houses
, where the health of some
Hundreds
is provided for, cannot observe the calamities of many
Thousands
without concern, and their
Endeavour
to promote their
relief
. Must we not conclude our selves
Parties
and
Accessaries
to the ruine of the
Poor
, who beside the
pain
and
dread
of the
event
of the
Disease
, are under the fear of
spending
their whole
Substance
, in one sickness, and being absolutely undone? They are often
releast
from the
Distemper
by the strength of
Nature
and their
Constitution
, and under the fear of Arrests or in Prison for a Bill of the then
useless Physick
above their
Ability
to
discharge
. The condition of the
Wealthy
is equally piteable, and as much wants redress. The Ship cast on the Shoar is fill'd not with design to
save
but
plunder
: More Art shewen to raise the
Bill
, than to
recover
the
sick Person. Declining Nature
loaded
hour
after
hour
, the complaining or refusing
Stomach
forc'd to submit by cramming in more, and
Life overcome
by
Surfets
of too many
Courses
of
Boles
and
Juleps
.
The
Laws
of the last
Age
foresaw and provided against these
vile abuses
, but our Laws are subject to the same
Diseases
with our selves, or are falln into the
Infirmity
of old Age, to be
regardless
of others concerns, as they are neglected by them. 'Tis true, the
Magistrate
worthily shews his care of the
publick
in little things, adjusting the
Measures
and
Scales
, and the orderly enquiry into the goodness of the common Liquors.
I suggested to you, and you allow'd it, that the Faculty could not want the Art of relieving it self: but you reminded me, that one Party turns its
Force
against the
other
, and like a vitious
Composition
of
Ingredients
of
opposite qualities
, had no Power or Vertue to subdue the
Epidemick Malignity
.
Its allow'd, that from one Absurdity admitted, many others inevitably follow, as one Cause produces many Effects.
The great Increase of
Apothecaries
is evidently the cause of all the present
Grievances
to the
Profession
of
Physick
, to
Themselves
and the
People
.
They are become one
Thousand
, including the
Partners
, more then ten to one
Physician
. The regulated Cities abroad allow no more, then can readily make up the
Physicians
Directions, in the other proportion of one to ten.
The consequence of so great and disproportionate a number is not to be avoided, that
nine Hundred
of them cannot possibly keep good Medicines in their
Shops
. For most of the
Compositions
, and many of the Simples often
mov'd
in little
quantities
, are subject to
evaporate
their most active parts, to corrupt in a little time, and become
vappid
, or
sour
, or
rotten
and
stinking
. Who will believe, that the
simple Waters, Tinctures, Spirits, Powders
of
volatile parts, Syrups, Electuaries
, &c. can
wait
and keep well, till they have their turn to be us'd, when the Shops are as numerous as the
Sick
. There must be a
quick vent
and
expence
and
use
of all
perishable
wares. They must be thrown away and supplied a new, if the
Customer
cannot be
impos'd
on. But that
experiment
shall be sooner made, then a new
Preparation
.
This the
Gentlemen
soon observe in a Tavern, where the
Draught
is not
great
for want of
Customers
: and the
Ladies
see much
antiquated Ware
in the
Mercers
Shop not
often visited
.
Their number obliges 'em in imitation of
Hawkers
, to be always visiting the Families to recommend the
taking
Trade in all the easiest
Cases
, and in other cases to
quicken
the use of the
Boles
and
Draughts
. They are rarely seen attending the business of the
Shop
. The
Prescript
of the
Doctor
and
Apothecary
himself is left to be made up by the
raw heedless Boy
, not presumed yet to have Discretion equal to his
Master
, whose utmost care is
required
and
depended
on, where the
Patients Life
is
lost
by almost every mistake. For the
violent, Vomitive, Corrosive, Chymical Liquours
or
Powders
may be taken down instead of the
Cordials
of the same
Colours
. Can the Boy bring his mind to a
steadiness
to number the drops of
Laudanum
or the
violent Acids
, or to weigh to half a grain
Opium
or
Elaterium
? Shall the Boy judge, that the languishing
Patient
, he never saw, must dy by the
Apozeme
boyl'd in the
Port
after
this
or
that other Decoction
, or that a
Copper Vessel
with a rising
rust
of
Verdegrise
shall make
poysonous
or
vomitive
the next
Preparation
?
The honest
Apothecaries
lament the difficulties which by the exorbitant numbers are brought on the
People
and
Themselves
: That their
Medicines
cannot be
vented
while they are
good
and fit for use.
That the
Scent, Palate, Stomach
of the
Sick
must condemn the corrupted
stinking
Dose, before he can lay it aside. That they are then put on the difficult task of justifying a
sour
or
musty Draught
, by arguing against the Senses of the Sick and Attendants. That they and their Servants are barely us'd as Porters, (which gave the Motto,
Opiferque per urbem Dicor
) sent forward and backward to
fetch and carry
the
Boles
and
Glasses
: that they have not leisure in their Shops to prepare and compound any thing, but buy abroad in the hurry of posting up and down, what e're they can have at the
Wholesale
.
That they are
forc'd
to advise against their
Conscience
, commanded by the
Nurses
and the
People
to own themselves as skillful as other
Apothecaries
, (who undertake any thing,) that they may not forfeit their present and future business.
That to
live themselves
they must
endanger
the
Life
of their Customer, and give oftentimes more than they would use
themselves
under the same
Circumstance
. They reflect with
Horrour
at first, that they violate the
Laws
of their
Country
, are subject to legal
Fines
, and adjudged
Felons
, if they mistake the
Vertue
or
Dose
of the
Medicine
. That they are oblig'd to set
exorbitant prizes
to the
Poor
and
Servants
, that the
Wealthy
may not discern the
difference
, and desire in that
case
, not to be
rais'd
so very far above the
level
with them. They are brought into the sad condition of the
French King
, who wantonly made his
Meals
on the
raw limbs
of his
poor Subjects
, as you may read the
absurd description
in the
uniform
Heroick Poem
King Arthur
.
The odd
confusion
of their
business perplexes
them: to be one hour wiping the
blistred
part, and
clapping
on
Melilote
, then in another Family giving a
Glyster
: in the next to consider, what to advise in a
Malignant Feaver
, and in the
Convulsions
of a Child in another. The last must be done, by the basest
perfidiousness
of
stealing
off the
File
this or that other
Physicians
Bill, they imagine may happen to hit the Case, and save him the trouble of seeing the Patient.
'Tis obvious, the prodigious
number
of
Apothecaries
, who in a few years will naturally increase of more than twice as many, and so forward in a double
proportion
, will necessarily oblige them to improve the greater vent of
Physick
, and the
higher prizes
. They will not be wanting in the perpetual
incroachment
on the
Faculty
. They will be always plying in at the
Families
, to raise and support their Interest, against every thing which is not
agreeable
to it. They will assume the
cures
of many
Thousands
yearly, who would have been
sooner well
without
Physick
, to maintain the Title of Dr. given after a strict examination of the
Nurse
and the
Attendants
, who first salute them
with it
, and a
Licence
to
Practice
. They will struggle first with their own
Fraternity
, then the Members of the
College
, except their
Tools
the
Confederates
, while they
gratify
them, and
write
as
well
as can
reasonably
be expected, till another is known to practice a more
profitable
way of
prescribing
.
They will not
bear
or
commend
any
method
of Cure, but where
Physick
is ordered every
Hour
, and the
management
decently prolong'd, especially if the Customer is pleas'd with always
mending
.
They cannot suffer any
Character
of a
Physician
to pass without an
Allay
and
Antidote
, who will not justifie his
Practice
, and all his Medicines with the
Air
, and the assurance of a
common Knight
of the
Post
, and take the
death
of the
Patient
on
himself
. Any
Citizen
who will give himself the
trouble
of
thinking
, will easily hence
discern
the reason of the
perpetual Dissensions
of the
College
. When one party would raise its
reputation
by serving the
Publick
faithfully, the other strenuously oppose all
Projects
of that kind, to merit the favour of the
Apothecaries
.
The
Apostates
from their own
Profession
are not to be inform'd, that the
Dignity
of the
Faculty
must sink, when the
Physician
is forc'd to
delude
the
People
, by applauding the unskillful or pernicious
Treatment
, and for his
Fee
has all the
reproaches
of the
House
and
Funeral
, when he dares not inform, that the
Patient
had the
fatal stroke
already given him, that the
Medicines
had not their
vertue
, that the usual mistake of the
Apprentice
in the change for another, or wrong
proportion
was the true cause of a now
violent
, not
natural Death
, when he rarely treats a
Distemper
at its
beginning
, commonly the only time to interpose between
Nature
and the
Disease
to any
purpose
: But is call'd in to no
purpose
in the
end
, when all is in
confusion
, the
vigour
of
Nature spent
, or
opprest
possibly with as
many Doses
, as you can number
Hours
in 8 or 10 Days. When he is chiefly
impoly'd
in
worn out
and
vitiated Constitutions
, as a
Botcher
or
Cobler
, when Mr.
Tompion
or any other
eminent Artist
would reject such a
job
or
work
with
scorn
.
When I went abroad to return the
Visits
to my
Friends
, and was recommending the
Advantages
of the
Dispensary
, and the
Integrity
of the
Physicians
, who are the
subscribers
to it, you will not easily imagine, how
suprising
it was to me, that many express'd a
Prejudice
to it, without desiring to
understand
the
design
of it. A notable
Company
round a
Tea-table
, had been
exclaming
, I perceiv'd, a great while against it, and concluded, that they'd go the
old way
, and expect till it came more in
Fashion
. That since they did not certainly know, how many had been kill'd by the
Apothecary's
ill
advice
or
Errors
in the
Doses
of
Physick
, they were easie enough not to find out new occasions of trouble. That every
Fee
to the
Doctor
on many accidents in the
Year
, went to the
Heart
: that the Bill at
Christmas
, tho' long enough to spoil the
diversions
of the
Season
, give but one, though a pretty strong
Fit
; which went off as soon as they could forget it, and came not again till the
Year
after. That they would not let the
Servant
go to fetch the things, when they could make the
Apothecary
do it, and rather their
Maids
should
prattle
at home with them, than
gossip
hours abroad at their Shops. I could only
reply
, that they themselves approv'd of the
design
of the
Dispensary
, when they us'd the
Purging Salts, Pearl Juleps, Harts-horn Decoction
, or the
Elixirs
and
Spirits
of the
Vapours
, which their
Physicians
formerly had communicated to them, and which they bought off the
Druggist
at no great expence. It was
allow'd
, but
extorted
from one of the
Company
with a visible concern in every Face, that the taking of that Tax had necessarily brought on
others
, and that they paid dearly for those and other
Domestick Preparations
, if the
Distemper
requir'd Foreign
Assistance
, and the
Medicines unknown
to the
Family
.
In the other
visits
, I made that day, I was
startled
at many
scandalous Reports
of the same form and contrivance industriously spread abroad against the
Subscribers
to, and the
present management
of the
Dispensary
. The first I contemn'd as
malicious
and
senceless Imposthures
; They had too much
Poetry
in 'em to pass for
truth
. The other part appear'd
ridiculously
little and very easily
refuted
. That their
Physick
is as dear as the
Apothecary's
, when we experience the
difference
of 18 or 19 in 20. That their
goodness
is justify'd by the
Subscribers
care in the choice of every
Drug
, which they buy at the highest
prizes
. And their
Reputation
is answerable for every
Accident
or
Defect
. That they have not
Servants
sufficient, when they can easily
increase
the
Number
from 3 or 4 to 10: and the want of
Hands
, supposes the
growing
business equal to
defray
the
Charge
of more. These
Reflections
are for the most part very
awkardly
made, there wanting the
Assurance
and
self perswasion
and
concern
, which becomes a
Satyrist
. If the
subscribers
have not the
University Education
or
Capacity
, for their
Employment
, they may consult the
Apothecary's
list of the
College
, and find out better, if they can. If they destroy all their
Patients
, and the
Apothecaries
and their
Confederates
never fail of
success
, the want of
Advocates
will prevent the
tryal
and
nonsute
the
Debate
. If the
remedies
are not good, the
abus'd People
will readily and seasonably
complain
. If they have no
business
, the
Dispensary
can have none, and will be only a
Collection
of
Pots
and
Glasses
, and the Servants sufficient to shew the useless
Repository
.
The
People
will in a little time apprehend, that their
Interest
, in relation to
Health
, and
Expence
, is the
subject
of the
Controversy
, and that every one is both
Judge
and
Party
, and has power to give a
definitive sentence
, as far as himself is concern'd. Here is no
Law
to be enacted by
Majority
of
Voices
, or any
Restraint
to be put on the
Liberty
of any
particular person
. He need not express a
childish dread
, as if to be
Kidnapt
away, and us'd in the most terrible manner all his
life
, and never more to be
Master
of himself.
But the
Apothecaries
complain with no
Decorum
, and the worst
grace
imaginable.
You
(to please the
People
) make your selves as like the
Apothecaries
, as you can, with the only difference of a
Print
from a
Copper plate
, where the figures are exactly the same, only
look
a
different
way. You are become
Doctor-Apothecary
, and they have been these 40 years
Apothecary-Doctors
. You restore the ancient and cautious
Practice
by providing effectual
Remedies
, and preventing many
deadly mistakes
. The
Apothecary
leaves his concern to the
wholesale
trade and his
Boy
, is always abroad giving advice. Can any two things be more alike in the outward
feature
and
appearance
? Can they be justly
displeas'd
with you, who give your care and countenance to the trade of making
Medicines
? As the
Apothecary
in return puts a value upon yours, in pleasing himself with the Practice of
Physick
. They reply They are forc't to it by the
importunity
of the
People
, so are you by the same
importunity
to send your
Prescript
to the
College
, by those, who like a good
Medicine
, at the
Intrinsick
value. They are afraid the
Dispensary
will in time
ruine
the
Apothecaries Trade
, who are industriously every day
destroying
your
Profession
. You are invaded with
vast Numbers
, like a
Russian Army
, who
slay
without
Quarter
, reserving only a
few slaves
to be cut of, if they bear not their
Chains
easily, or
scruple
any
work
they are
put upon
.
In other Conversations I had better success: I had perswaded not a few to consult those of the
Society
they esteem'd, at the
approach
of the
Spring
. I have had their
thanks
with large Accounts of the difference of the
old
and
new Practice
of
Physick
. So many
Converts
in my
Neighbourhood
brought on me the resentment of my former
Apothecary
. He
expostulated
with me the
ill consequence
to their
Trade
with the most
bitter
and
envenom'd Reflections
on the
Dispensary
, and the
Promoters
of it. You shall judge from his manner of arguing the Case. We do
govern
and
command
all the
Families
in the City. They believe us in every thing, to the advancement of our Trade, and the lessening the
College Interest
. When the
Men
are abroad, or not in the sick Chamber, we can recommend what
Physician
we please and
decry
the opposite Party. Do you believe we will spare one of them? Here he took out
hastily
of his Pocket the
scandalous List
Printed at the
desire
of the
Master
and
Wardens
of the
Apothecaries Company
, where our
honest Physicians
are
distinguish't
by Marks from their
honest Slaves
, which being promiscuous in the
College
order, he blundred thrice, and shew'd me for
Villains
, those of their own
Confederacy
. But after some time he recover'd and told me, they were resolv'd to maintain the
reputation
of what they had
hitherto
done, as well as their
Advantages
over the
College
for the future. Many years since there has not been more than five
Physicians
, who have been
rais'd
but by
serving
us. They are call'd by us
Topping Physicians
, because we
put
'em on the
People
, as we please. You may observe, there are now in the Town of several
Sortments
and
different Abilities
, who pass by our
Artifices
for the
greatest Men
. Has not one risen considerably by our
Favour
, who has employ'd much of his time in writing 3
Folio Poems
, which have been
exploded
by his
Brother Poets
and
Physicians
for the
vilest bombast
, which is now meant by
lofty Poetry, every expression
relating to
Physick
or
Philosophy
prov'd in Print to be
triflingly absurd
or
false
, and judg'd so even by us? Do no several of the
College
come over to us, and
betray
all that passes there? The rest are
afraid
, and dare not be
honest
and
just
to their
Patients
, fearing to incur our displeasure? Will we, think you, pardon him, who cures a
Feaver
, at the rate of 1 or 2
pounds
, when
our
Friends
, will raise the Bill for us to 10, 20 or 40? He that brings in the
Fidler
to the
Company
, will make him play what
Tunes
and as often as he pleases. What does the
Dispensary
pretend to impose on the
Publick
, that we are not
useful
out of our
Shops
, who give
Glysters
, dress
Blisters
, and
Bleed
when its easie, and like to have no
ill consequence
. I would not further concern my self, but only put him in mind, that one Sex was accommodated
without them
, and that the other was properly the business of the
Surgeon
, who attends to these and the greater Cases of
Surgery abroad
with out impediment to any part of his
Profession
. Besides, that the
Blisters
often inflam'd or corroded with the
Acrimony
of the
Humours
, or wanting to be drawn to
evacuate
more freely, required more then the common treatment of the
Melilote Plaister
.
You had, I remember, made me very sensible, how much that
excellent
and most useful Art of
Surgery
was invaded by those bold
Pretenders
to every thing they do not understand. They
Bleed
without suspecting the
Nerve
or
Artery
may ly in the way. They apply to
Inflammations
or other
Tumours
, and keep in the
putrid
matter till the
Sinuous, Fistula
, or
rotten bone
gives pain loud enough to call the
Surgeon
.
Having had various
Fortune
abroad, I remembred I was in the Evening to meet a select Company of
Merchants
, and other Eminent Citizens. I determin'd to ask their
assistance
and
council
. I shew'd them all your
Papers
, and laid before 'em in all the
Informations
relating to the
College
, and our own immediate Interest. Some were discoursing of the
Treaties
abroad, and the common danger of our
Liberty
and
Property
from another sort of Invader. But at mine and our
Friends
request who were there, we came to debate of our more immediate concern, leaving the other to the
Physicians
, proper in those
Cases
. I was desired by them to give you a farther trouble, that you would remove the common
opprobrium
on the
Profession
, that it wants certainty and acts often by
conjecture
: And that more scandalous, that the
Apothecary
by seeing the Patient and you at the Bed-side is able to give
Physick
himself. And (after our Assertion of the cheapness of the best
Medicines
, and some contests about it) that you would, as in our
Papers
for
sale
by the
Candle
, give a pretty near
Estimate
of the
value
of every
Preparation
and
Composition
or
Simple
now us'd in
Physick
.
We must wait for this
Account
, upon which the whole
Controversy
depends, but the
Company
would not doubt of the
easie prizes
of the most effectual
Remedies
, (as are fit for the use of that
Prince
now the regard of all
Europe
) many of us having us'd of several kinds, of which the
Dose
was of no
great value
. After having
lamented
the
miserable Condition
of the
Poor
, and the vile
treatment
of all others these last 40 years, they were pleas'd they had now a prospect of better and more
humane usage
. They resolv'd, they would make all their Acquaintance sensible of the
generous
design of the
Dispensary
, and engage 'em to the most industrious publication of its use, the only
Panacea
to the many
Calamities
of the sick. That they would not doubt to
convince
the most hitherto
obstinate
or
heedless opposers
of it. That the
Apothecary
must be oblig'd to keep his
Shop
, that all his
Medicines
may be made at
home
, and
dispenc't
with his own
hand
, or under his careful
inspection
. That his
Apprentice
may be imploy'd in the
Shop
to
learn
his
Trade
, and to be taken of from the
giddy ambition
of
aping
a
Profession
a little too far
remov'd
from his. That our
Servants
shall be constantly sent for the Physick, the
Directions
being left at our Houses by the proper
hand
, that each of us sending our
Porters
, the
hurry
and
confusion
may be taken off from the Apothecary and his
Servants
, by which, many
Patients Physick
being convey'd at one time, the
deadly Accidents
which now frequently happen, may be
avoided
. Our
Messenger
will find the
Shop
sedately forwarding their important affair, every one will wait the
mixture
for his Master, by which the possibility of a
mistake
will be
prevented
.
The
College
will be safe from the
temptations
they now ly under, and from being in so large numbers
debaucht
from their
vertue
, and their
indispensable duty
to their
Patient
, which branches into every
distinct
regard of his Welfare. And, whereas the present
one Thousand
have 2 or 3 Apprentices each, which multiplying in the same
Proportion
, must raise the
prizes
of
Physick
, and the
Quantity
and the
Industry
of giving more, to the ruine at last of their credit with the People, there is no other method even to
preserve themselves
. The
Families
will then, as formerly, make choice of a
Physician
from the visible success of his
Art
, and not with the greatest degree of stupidness, ask the Apothecary to bring one. Since from their
numbers
they are forc't to make the greatest
profit
of every
Patient
, which strong
Byass
naturally inclines him to a
Physician
most useful in that case. 'Twas resolv'd, after your answer of the
prizes
, to oblige the
Physician
to rate the
Prescription
sent to the
Apothecary
at the fairest
Profit
, to be paid at farthest after the
Recovery
: And to prevent the sipping of
Cordials
and
Pearl Juleps
, as
Usquebaugh
at the
Coffee-house
, upon every little humour of taking, promoted by the
casual
visit, and
encourag'd
by the mean and vile custom of going upon
Tick
till
Christmas
. A modest
Gentleman
gave his
Assent
with some doubt of success, that he would at home propose these considerations to the best advantage he could.
Another, who sees through the Town, demanded what hope there may be to repell the
confidence
of the Men of the
Bottle
, and
Wit
and
Banter
, which admire only the
childish
wantonness of
Thought
, and the pretty
Deviations
from
good sense
, and therefore Character the Men of their Parts and Dress into the publick Esteem. They were left to their
Fortune
and
Experience
of others more discerning, and concluded, that the
Signature
ought to be taken from other affairs of equal concern and importance. The ablest
Pilot
, is put into the Ship, to be sail'd out or brought into Port. The
Gravity, Learning, Application
of a
Judge
is observ'd, when a
Cause
of Life or Estate is heard before him. We shall then raise our
Hope
of
Recovery
, from the manner our Cases will be weigh'd and consider'd, before the Verdict and Judgment shall be given. When you shan't be brought in
durante bene placito
of the
Apothecary, Visitants
or the
Physick Brokers
abroad; and shall not be
chang'd
and
shifted
as often as the Symptom, upon the different
Projects
of particular
Interests
. We shall know, who merits our gratitude and applause, and shall put down that
Infamous Custom
of accusing the
Physician
almost in the
Burial Ticket
. A Practice too vile to be expos'd, to
impute
the
misfortune
to the
honest
industry of the
Physician
, when he has not been consulted till the extremity, after many days dosing by our selves and
visitants
, and the
Apothecary
, not allowing the fair
Inquest
of
Dissection
, which would discover the
Pas sages
of the
Heart stopt
, the
Ulcers
or
Gangrenes
of the
Viscera
. We were agreed to
controul
our
Families
, and
perswade
our Friends to the same
Resolutions
: and were about to part, when one of our
Society
, who had been silent some time, exprest himself with some Heat, from the
Relation
he had to some of the
Faculty
. Let us not loose this only
opportunity
of raising the reputation of one of the most
useful
and
learned Professions
, when our
Interest
is
inseparable
from theirs. Shall we look on unconcern'd, when the
Faculty
and
our selves
are
enslav'd
and
opprest
by the
number
of
Apothecaries
, who were originally their Servants. What is the Mystery but a
Mechanick
and
Handycraft
Trade. They act nothing, but by the
ordinance
and
Directions
of the
Physician
. The
Medicines
, the Shops are furnish'd with, are all from their
Appointment
. The
Drugs
are
powder'd, boyl'd, distill'd
, and
mixt
together only by their order. What
Books
or
Languages
are understood and consider'd by them, but the
publick Dispensatory
or
Receit Book
? The
Cook, Confectioner
or
Perfumer
have as much pretence to
learning
, or the
knowledge
of the
uses
of what they
prepare
. Have not our
Servants
the skill to make up all our
domestick collections
of
Receits
, which are many of them the same with theirs? The
under Servants
to the
Chymists Laboratory
, while he
cleanses
the
Glasses
, and
attends
the
Fires
, speedily discerns the
Mechanick part
of making the
Spirits
, the
Tincture
, the
Salts
: Tho the
Design
and
Process
were given by the incomparable
Mr. Boyle
, or the
Faculty
, and the uses only known to the
sagacious Physician
.
We pleas'd our selves at Parting, with the
great reputation
that
worthy Gentleman
had given to our Country with the learned of all
Nations
, which will last with that late
Discovery
of the
Circulation
.
THE
Physicians Answer to the foregoing Letter
.
SIR
,
I Perceive you lay the
greatest stress
on the
last Enquiry
of the
low prizes
of
Medicines
, because you observe that the
large Bills
of the
Apothecary
are the best
argument
with the
People
of his
Ability
to advise, and while they believe, the
Disease
is treated very much by
Guess
, and on
Conjectures
, they are not very solicitous, who throws the
Dice
for their
Lives
. But you would rather make choice of
one
, who has made that his
only business
, had studied and practis'd all the
Artifices
of making them
run
to his
purpose
, than any common
Hand
. But you will not deny, that every
Art
has the
means
to attain its
end
. This is obvious in every
Manufacture
which is made better and worse according to the
capacity
and
skill
of the
Artificer
. There are other
Arts
whose
subject
is
perishable
from Causes above the power and controul of the
Art
, which
Events
are not justly
imputable
to the
Artist
, if he is not visibly
deficient
in his
Skill
and
Address. Navigation
is perform'd by Rules, which will conduct a
Ship
the Voyage to the
Port
design'd. But violent
Storms
, and
Rocks
undiscover'd, the
springing
of a
Plank
, or weakness of the
Fabrick
may loose the
Ship
, tho not the
reputation
of the
Master
. The
Husbandman
and
Gardiner
act by the
instruction
of their
Arts
with prospect of
success
, unless extreme
Rains
, or
Drowth
, or
Blasts
destroy their
Hopes
. The
Physician
pretends to know with as much
certainty
, how
Animal Life
may be
preserv'd
, and by what means
endanger'd
, as they the
Health
and
growth
of the
Vegetables
they are conversant with. You may make an
Estimate
, to what proportion
Animal
Life is capable of being prolong'd, by observing that the
Periods
of the
Lives
of many
Quadrupeds
and
Birds
are suppos'd to be distinctly
known
.
That of
Man
is the longest
Period
, and from
Galen's
observation that of the
Britains
of his time. This is particularly remarkable in
Man
, that he is form'd
not only to live
to great
Age
in all the
habitable Climates
of the
Earth
. If in
Navigation
the
Vessel
is
necessarily
mov'd by the
Tide
and Wind, turn'd and govern'd by the
Rudder
to a certain
Course
. The Powers of the
Body
act as
Mechanically
and by the
natural
necessity
in
Health
: So in the various appearances of
Diseases
, the Humours are by a
natural tendency
mov'd to be
alter'd
or
separated
. These different
methods
of Nature constitute so many
Species
of
Distempers
, which are truly
defin'd
and
describ'd
from the known
alterations
and
symptomes
in all the
Stages
of their
Course
.
We have the most certain experiences of their
Cures
from the observation of all Ages. Even these (as
Celsus
divides them) which are the more latent, as sudden
Pestilences
and malignant
Feavers
, discover the ways, by which
Nature
expels the
malignity
. All other
Distempers
are from our selves, of our own making, by
Intemperance, Luxury
, and the gratifications of our
Senses
, or are from the same causes
ex traduce
deliver'd down to us. Their force and power to corrupt our
Constitutions
is demonstrated, by the common observation, that all the
Families
of the
Rich
(whose
Wealth
is not so valuable as they imagine) are in few Years
extinct
, and the
Recruits
of them made from
labour, Industry
and
Temperance
, which refine and purge the Humours to their natural purity and vigour.
You cannot doubt the
efficacy
of the
Instruments
us'd in
, when in many cases the
Rich Cordials
given improperly, or in large quantities, act as
Poysons
, and then, in a little longer time, as visibly destroy: when the over dosing the
vinous
or other
Spirits
fire and inflame the blood and spirits, when
Opiates
are able to stop their motions, and the
Barke
can check the ferment of a
Feaver
, which cannot be cur'd but by the expulsion of the venom. The effects of its
Vomits, Purgers, Diaphoreticks
are own'd by the vulgar experience. The late but surer force of
Labour, Temperance, Rest
have been formerly own'd in the most
obstinate Diseases
. They are now
rejected
, as the most
nauseous Physick
, and the most
difficult methods
to be comply'd with. I need not ac quaint you with the
Mineral Waters
, which as the
Apozemes
formerly us'd, are able to cool,
dilute
, and
purify
the blood, after it has been
heated
and
corrupted
by the
modish living
of some years before.
Nature
discovers to the
Physician
its surest
methods
of dismissing the most common
Feavers
by bleeding,
Sweats
or discharging the grosser humours by other ways, which it chooses according to the circumstances of every Disease.
In the more
difficult
, where it is the more
opprest
, it gives
Indications
or
Signs
, how it would be afflicted or directed, at least our
Magazines
of
observations
cannot fail to furnish in all the cases parallel to them.
But if the Patient is
overheated
and
surfeted
by
too
many Medicines, if the
Salutary Looseness
be stopt too soon, the humours
fixt
by
Opiates
or the
Barke
, its imputable to the
Adviser
, but not to the
Art
, which has given the
strictest cautions
upon the like
Conjunctures
. Its not a
Reproach
to the
Art
, if there are wanting
Remedies
equal to the
rage
or
violence
of some
Diseases
, which will not
wait
the effect, or are above the force of any known
Drug
, which can be brought to oppose them; any more, then to the
Statesman
, General, Councellour
, when he cannot always warrant Success.
When after the
steady
use of
Liquors
, which give a
briskness
to, but inflame the
Spirits
, spend the strength of the
blood
, by
heating
it, and give
Life
a pleasanter but quicker motion, the
Liver
and the other parts shall be made
scirrhous
and
abcess't
, the
Omentum
made
rotten
, and
Fibres
of all the Body
flaccid
, shall the
Art
be accus'd, that it cannot keep the
Machine
a going, where every wheel is broken?
That the
tendencies
and
events
of the
Symptomes
, and the
Issue
of the Disease may be known, and a probable
Prognostick
given, is own'd by the forwardness of the common
People
to give their
Opinions
. How often have you believ'd the
presumptuous Valuer
of himself, who doubts every ones
knowledge
but his own, when he has assur'd you, that if he had come
sooner
, the
Patient
should not have
dy'd
, and that another would expire the next day, if his
Advice
had been then wanting? The writers of
Government
prove the
Maximes
of State, from the receiv'd
Axioms
of
Physick
. That one part overnourish't starves and enervates the other. That when every
part
disregards the interest of the
whole
, its
dissolution
is as certain, as when every part is
vitiated
in a shatter'd Constitution.
If therefore a
Physician
is suppos'd to have learnt, whatever has been observ'd, of the different affections and disorders from
Childhood
in all the advances to
old Age
, of the
Sexes
in all their
Circumstances
: how the
Seasons, Climates
alter us, and what changes are made by all sorts of
Diet
: to have noted the use and site of all parts of the Body by
Anatomy
: the vertues of
Medicines
by the tryals
Chymistry
affords, but especially the
Histories
of the almost innumerable
Deseases
given by our Authors, their
Causes
, their
Access, Progress
, and
Events
, the Consequence of all
methods
and all
Medicines
: when he frequently reflects on them, and compares them nicely with the case under his care, you will not oppose to him a
Rival
, who has not had a
Philosophical Education
, or the
Knowledge
of any
Language
, in which
Physick
is treated. When you have determin'd, what time is requir'd, to collect from
many Writers
whatsoever is useful to the
safe
and
successful practice
of
Physick
; I would desire you to
state
the years, in which any thing certain can be acquir'd from the
Prescripts
of the
Art
, without the
Reasons given
or any
Register
of the
success
. You will not permit your
Servant
to keep your Accounts by
Memory
, or think that the
Rules
of
Physick
are less
numerous
, or of less
moment
, then the particulars of his
Receits
and
Payments
. When
Nature,
ipsa suis pottens opibus, nihil indiga nostri
, throws of the common
Disorders
of its self, and is able to bear (an argument of its strength) any
sort
of
Physick
given at random and at
hazard
; the
Apothecary
plies the
Patient
with
Medicines
he does not want, to pay the trouble of
Attending, magnifies
the
Disease
and his
skill
, and robs the
Rich
of the
knowledge
of the
goodness
of his
Constitution
. In these the most
usual Illnesses
the
Physician
shews his
Art
by prognosticating, with
Integrity
, the assur'd success; which is a richer Cordial, then the Shops afford, and merits his
Reward
, like the
Statesman
, when the
Publick
is in perfect
tranquillity
. But when there shall be
Nodus vindice dignus
, when in the Crisis
dubiis trepidat victoria pennis
, when the experienc't
Physician
will
doubt
, whether
Nature
acts to its own
preservation
, or wants the
Assistance
of
Art
, will examine the effect of one
Medicine
, before he
risques
the use of others to the same or other purposes: The
ignorant
and the less
fearful
Adviser will not loose the
opportunity
of filling the
Patient
and the
Chamber
, with the certain prospect of his
own advantage
. These are the
Cases
, in which all the severest and most just observations of the present and of
former Ages
must be consulted. The least errour make the
Feaver
deadly, tho not be discovered, but by the most consummate
Artists
. They only can discern, when
Nature
attack't in all parts, the
spirits wasted
, and the
blood exhausted
, is easily
overborn
by an
Active Cordial
, or which diverts it from its only
method
of expelling the
Disease
. If it endeavours one
Crisis
, which the Medicines contradict, it has not
time
or power to
resume
it. The
Head
receives the Humours: which were moving to the
Bowels
or the
Pores
: Or the inflaming
Alexipharmic
by its agitation
mixes agen
the matter, which was
prepared
to be
separated
, and
ejected
. The
People
indeed are satisfi'd with the
Apothecaries
Skill, who hears sometimes the
Physicians
discourse upon the Distemper. Will you imagine, he designs to give the surest
Instructions
to his
Scholar
, who will set up as
Master
in the Art the next Hour, with sufficient
instructions
to act in his
stead
? But he makes up the
Note
and
sees
the
operation
: The
Instrument maker
will not pretend to use them, as the
Surgeon
, or to cut for the
Stone
, tho he made the
Knife
and the
Forceps
. I will, after you have well consider'd it, desire your
opinion
, whether, if you practice
Physick
, you could communicate a
Specifick
very
efficacious Medicine
to the
Apothecary
, which he would instantly make up for every
Customer
in the same, or as he imagines, not much differing
Cases
. Will any
Merchant
, or any
Artificer
expose the
Secret
of his
Business
to every one, who would desire to use it to his own
profit
? But we cannot discover our
Secrets
, to any but our own
Profession
, which is the manner of applying the
Medicine
to the
latent exigence
of the
Disease
. Some
Feavers
will go off being only left undisturb'd. Water is the
Richest Cordial
in others, and the
high Rich Composition
procures to others a certain
Malignity
. Will you value the
Surgeon
from the
tipping
or ornaments of his
Instruments
, or from his
Judgment
and
Stea diness
of his
Hand
in the use of them? The most common and simple may have a better effect, then from the most pompous
Apparatus
, as our
Wines
and the vulgar
Nourishments
are allow'd to be more wholsome, without the hurtful
Artifices
of the
Sellar
or
Cookery
.
The few of our
Costly Ingredients
, have been kept in use to cover the
fraud
of vast
Exaction
, or as
they
have crept into
Mode
and
Fashion
, but especially because we please our selves, that they are peculiarly design'd for the use of the
Grand Monde
, while we pity the
little
People, who, we imagine, cannot live without them. But
Providence
has otherwise provided in its great
Hospital
the
World
. We are all upon the
level
there.
Sickness
, as well as
Death
, lays a side the markes of
Distinction
. The
Poor
do not want so much as the
Rich
, but may have the most-valued simple
Remedies
, and the best
Chymical
or
Galenical
Preparations at an
Expence
, they or their
Patrons
with an easie charity may bear.
To demonstrate this the more clearly, we will first remove the
Rubbish
and lay before you the
Simples
of the greatest
Vertue
, and the best and most useful
Preparations
, supported not only by the best tryals of
Chymistry
, but constant
experience
.
Gold
, the great
Idol
of
Mankind
, must be rejected, as useless: while it makes the
World
restless and anxious to obtain it, it has it self no active parts or energy to procure any effect. Its not
dissolvable
by any
Humour
in the Body. Nothing there can alter, it or be alter'd by it. The compact, heavy, sluggish parts resist the impression of every
Animal Agent
, which on the other side are
secure
from any
power
it has. The
Golden Pill
in the
twisting
of the
Bowels
by its weight only may open the
Passage
, but it costs you only for the
use
of it, having lost no
grains
of its worth, the
Leaf Gold
on
Boles
, or
Electuaries
, or
Pills
divert the mind from the
Tast
, only by the pleasure of seeing it, but it adds nothing to their
vertue
, and only a trifle to the expence. The
leaf
may ly on the mouths of the vessels
undissolv'd
, and it prevents the
dissolving
of purging and alterative
Pills
, if well gilded, unless to your good Fortune, that the Cover happens to be
broken
in swallowing.
Bezoar
is a stony Concretion of an Animal,
despis'd
and
rejected
by most
Physicians
, who think on what they advise. If it be well powder'd, it may pass out better, then the larger Stones of the Kidney and Bladder. It has indeed the use of the
Philosophers
stone, procures
Gold
or much
Silver
, to every thing, where it is a part, as in
Gascon's Powder
: it adds to the Dose only the value of
two Pence
, but rises the Bill even to the pleasure of paying a great Sum, that they were thought worthy of it. The very name of
Bezoardick
makes the cheapest
Boles
and
Juleps
, pass of at any price, which shall be put upon them. The large round
Pearl
looks well on a Healthy Skin, but the History which tells us, that
Cleopatra
drank one very large in a health to
Anthony
, does not instruct us, that her
Health
was improv'd by it. The
Pearl Juleps
have their value from the
Cordial water
and
white Sugar
, and are put upon the Infatuated
People
promiscously in all the
Constitutions
and very different
Complaints
. They may take it plentifully for the future, if the
lowness
of the price does not destroy its
Cordialness
, being only 3 Pence or 4 in the Dose.
Ambergrise
and
Musk
are offensive to many from the name as well as scent, they corrupt the
blood
and the
spirits
, and by altering the
Breath
make the use in
Perfumes
more necessary. The
Confections
and
Waters
are more wholsome without them, and they are therefore omitted by express order. Tho', where they are not, by a
Magical power
, they make a
cheap Cordial
sell as high, as if it had been
vitiated
by them.
We leave the
Diamonds
and
Rubies
to these, we are not concern'd with our other
precious Stones
, as we call 'em, cost very little, and are worth nothing.
The
Hyacinth, Smaragd, Topaz
finely powder'd, are as useful as
glass
well prepar'd. But the famous
Confection
of
Hyacinth
sells only two pence in the Dose. This is true in
Oyl
of
Cinamon
, or the other
Chymical Oyls
, which are given but to
few drops
at a time, to be esteem'd at the most inconsiderable price in so small a
quantity
. The celebrated
Balm
of
Gilead
is taken in Drops with Sugar, or mixt with
Cordial Powders
to be form'd into
Pills
. All these Drops will rise to about a Farthing each.
Cochineal
promises to impart its colour to the
blood
, and dismiss the paleness of the
Cheeks
, but we borrow it from the
Dyers
, at much less cost then the former.
But I divert you from the more pleasant prospect of the
Gardens, Feilds, Woods
and
Rivers
, which plentifully afford us, of our own product, the most effectual and certain relief. Their
value
in the small Quantities us'd at one time are
below
any
Coin
we have, and the
cooking
or
preparing
subdivided into small Proportions, will not amount to much more.
The
Flowers, Fruits
and
Seeds
, the
Leaf
, the
Root
, the
Wood
and
Bark
are distill'd
simply
, or with
Water
or
Spirit
of
Wine
, beaten with Sugar into
Conserves
, or
boyl'd
into
Syrups
, compound the
Powders, Trochs
and
Pills
, or with Water or Wine make the
Decoction
or
Apozemes
.
The
Conserves Antepileptick
or
Cardiac
in the
Dose
are of the price of a Farthing or
two
.
The
Syrups stomachial
or
Diuretick
, not much more.
The
Powders Corroborative
, or
Bezoartick
or
Antipestilential
, are not more than a Penny in the Scruple, or half Dram.
The famous
Gascon Powder
, without
Bezoar
, claims but a little more in the Dose then 3 or 4 Pence.
The
Cordial waters, Cephalick, Epileptick
or
Antihysterical
, because they are distilled from
spirit
of
Wine
, and are therefore used in small Quantities, are not dearer then a
Glass
of
Wine
, or the little one of
Ratasia
. But the Ingredients, better chosen or
singly
infus'd in a proper
simple
distilled Water, would prove more
Alexiterial
, and deserve the title of
High Rich Cordial
, at a less expence. When you have tasted of the former Cordials, a
spoonful
in your Friends
Chamber
, have you not felt in your Stomach the
tumult
of such a
Rabble
of the
Spices
, which being broyl'd by the
fire disturb
you an hour after, and make you pity his
Condition
under the often
repeated Doses
?
The
Apozemes Hepatick
or
Splenetick
, or
Diuretick
, or
Sudorifick
are made at 2
d.
4
d.
or 6
d.
the Quart in
Spring water
, which if divided and sent into little
Glasses
rise beyond the
price
of
Burgundy
.
You may hence judge of our
Oyls, Oyntments
and
Playsters
. The
Surgeon
rewarded for his Skill and his Care, does not put you in mind of the cost, he has been put to, thro' the whole Cure.
You are well acquainted with the prices of all the
Drugs
imported from abroad, as they are most of the
hot spicy Nature
, their
Dose
can be but small and the price
proportionable
. If many are absurdly joyn'd together, the Quantity of each is so much less. The great
Cordial
, the
Treacle
, made of Sixty, most
foreign Drugs
, does not claim a Penny, every time you use it.
You may judge of the
easie Expence
of what we advise in sickness by another
View
, that of the
various Operations
.
The famous
Vomitive
, a Penny, the
Tartar Emetic
esteem'd the better, not a
Farthing
, that of the
Salt
no more: the
Oxymel
for that purpose the value of the first.
There are many sorts of
Pills
for the
Head, Stomach, Bowels
of different force, they all agree in the price of a
Penny
. The
Alterative, Nephritick, Antihysterical
Pills made of cheap
Powders
, with the
Gums
dissolv'd, or a Syrup, are valuable only for the success.
I need not inform you how easily the
Filings
of
Steel
, or
open'd
by an
Acid
or the
Fire
, are procur'd. If you
infuse
them in
Wine
or
distill'd Waters
, with the
bitter Plants
, or boyl it with Sugar to a
Syrup
, You readily estimate the Expence of a Quart.
All the Tribe of the
Ecphracticks
, or
Deobstruents
and
Aperitives
, either
vegetable
or
mineral
, the other
Incrassating
or
Astringent
agree in their great use, tho' of contrary effects, and in the almost inexpressible cheapness.
It must be own'd, that the
Purges
of
Rhubarb
, &c. are otherwise to be priz'd, but that
Remedy
is us'd but once in the Day, and not hastily repeated, and excludes all others: the Mode brings in an
Hyprotick
, which
detains
the
inwardly separated Humours
, and
binds
the Bowels many days after.
Out of these
Drugs
many kinds of
Chymical Medicines
are prepar'd, at the expence of only
Fire
, and the use of the
Glasses
, in great Quantities.
If you pay for
Spirit
of
Harts-horn
,
sal Armoniac, sal vol Oleos
, the
volatile Salts
, the
Tinctures
of
Castor, Amber, Saffron, Myrrh
, or any of the compound
Elixirs
, the
Acid Spirits
of
Niter, Sulphur, Vitriol
, or their
Antagonists
the
fixt Salts
of
Tartar, Wormwood
, or the
associated vitriolate Tartar
, and the other
Digestives
: One
Shilling
or two, or in the other as many Pence, the
Ounce
, you will with the water, the Vehicle, after many days using them, compute the expence of your every days
Physick
. The
Porter
who drinks a Cup of the
stronger Ale
, instead of many of the
smaller
, prudently saves his
Time
and his
Pocket
, and is at a greater charge than the
Patient
.
If in a
Feaver
or
Small-pox
, &c. the
Physician
cools the Blood, and
temperates
the Heat, shall the
Apozeme
of almost the
sallet
Herbs
, with the cheap
sweetning Powders
, and the cheaper
sal Prunel
, &c. And a
Julep
of the
simple waters
, made to taste a little of a
Cordial water
, raise the cost higher, then the common
supports
in our
Health
.
If the Blood and Spirits are opprest in the
malignant
, shall the
Treacle, Mithridate
and
, with the
Aromaticks, Alexiterial Roots
, or the
Cordial Species
, or the
volatile Salts
or
Castor
, or even
Bezoar
, be esteem'd from the any other
Topick
then their effect of sweating or raising the
Heat
of the
Blood
: especially if the
Patient
be not
incessantly ply'd
, and the
Physician
will have the common care of
observing
, when he has done
enough
for one
day
, and will give the
Patient
a little
Rest
, before he sets him another
Task
: Unless he orders on more
Cordials
, to produce the
Fee to himself
, more than any advantage to the Sick.
If the
Feaver
truly
intermits
, and has no
malignity
, or deadly Consequence to be fear'd from
stopping
the
Ferment
, you may use the
Bark
only prepar'd, by being
powder'd
, which you know costs no more than the Wine you drink it with.
I have heard you extoll from your
Experience
in
Colical
and
Nephritick Pains
, the wonderful force of
Opiates
. 'Tis true, that
Plant
has no equal among the
Vegetables
, nor does any
metal
or
mineral
pretend to
rival
it. But the
richest Preparation
, either solid or liquid, this great
Ano dyne
raises no
inquietude
upon any other Circumstance. The poorest may have this
Nepenthe
, as well as the richest, from a small
Charity
, which will give the
Donour
, the
Ease
it procures to the Patients
Pain
.
Is it not therefore
demonstrated
, that in
sickness
no
Constitution
can bear the use of more then 2
or
3
Shillings value in a Day
. The dearest
Cordial Waters
and
Alexiterial Powders
, cannot in that time be us'd above that price, without inflaming the
blood
and
spirits
into a
Delirium
and
Phrensy
, or forcing our common
putrid Feavers
to
Malignant
and
Pestilential Symptoms
.
The milder
Diaphoreticks
and
Diureticks
or
Alteratives
, do not pretend to be rated with the other, but in our most common
Feavers
, these assist
Nature
, and the
others destroy
it.
Where's then the
Mystery
of raising the Bill to
one, two, three
or
four Pounds
each day
of its continuance
? By a new invented or much improv'd
Artifice
of raising the
part
equal to the
whole
, and sending in the
Apozeme
or
Julep
divided into little
Parcels
, which your Family would as well
bottle
out into smaller
glasses
, at the rate of the whole
Mixture
.
The
Electuary
shall be
sold
at
good profit
by the
Apothecary
at half a
Crown
. But the
Boles
out of this
Electuary
in a snipt Paper are full as much each of them, tho' that
affords
to
Children twenty Boles
.
But the Contrivance lately brought into
Practice
of giving in a
parcht Mouth
, and
fur'd Throat
, and
nauseating stomach
, an ill tasted
Bole
, when the
languishing
and
loathing
Patient can swallow nothing but
Liquids
, has been reserv'd for this Age of ours, and can last no longer. This
Bole
of a
fulsome Conserve
or
Treacle
is to be taken every third, fourth, or sixth hour, which dispells all
Rest
and
Composedness
, the great
Restorers
, by the
Torments
, and
struggles
of forcing it into the
stuff't Throat
and
Stomach
, which rises against it.
There's a little
Julep
ready to wash it down and reward him for his
trouble
. When the
Bole
cannot easily, be taken down, its impertinently half mixt in a
spoon
in the
Chamber
, which should have been brought well
compounded
, on ly so many
distinct Articles
in the
Bill
are to be
preserv'd
. This is of the greatest
Consequence
to the
Apothecary
, because the
Town
has been us'd to pay 2
s.
6
d.
for each Bole, and not much less for the little
Draught
, to cleans the mouth after it. This
Advice
was therefore given to a
Physician
at his first entrance on the Stage, that he should order a
Bole
, with a
Draught
every fourth hour, which, however it far'd with the
Patient
, would
recommend
him to the
Apothecaries
, and thence
publick esteem
for that service.
The honest
Physician
mixes the
Bole
and
Julep
together, that the
feeble restless Patient
may drink his
Cordial
to revive or compose him, without the dusturbance of taking it at twice, and with difficulty the other way.
I presume you will allow the
Corollary
, that by much
Physick
divided into little
parcels
, rated so high, the Apothecary has in the reward of his
Attendance
(which by the
Physician
is often excus'd) much greater Fees, often
trebly
or
quadruply
more then the Faculty. You will not therefore be surpriz'd, if it be asserted, that in a
Bill
of ten
Pounds
nine are the reward of his
Advice
and
Attendance
, and in all the other
sums proportionably
.
The
People
must accuse their own
Conduct
, who never gratifiying the
Apothecarys
visit, oblige him in the Case, where one
Medicine
removes the
Distemper
, to bring in for every 3 or 4
Hours
, and several
Days
, as much as will answer one of the Ends he proposes to himself. Can he thus neglected by his Customers, with safety to himself advise the
Waters, Milk, Temperance, Repose, Exercise
or a
peculiar Diet
, or the
Country Air
, by which obstinate
Diseases
are cur'd: But to the reproach of the Compositions of the Shop.
But what
Redress
can be expected to all these
Grievances
?
There must be certain
Rates
set to all the Medicines, with the greatest encouragement to the
Apothecary
to prepare them
faithfully
.
They must bring their number by the most proper Methods to be equal to the
occasion
the City has of using their Preparations.
The former
Antiquated
Methods must be reviv'd, by which the
People
were easie, without the present either
suspicions
or
complaints
.
The
Physicians
lay under no
temptations
to impose on the
Publick
. They advis'd at their
Houses
in the
Chronical
or less dangerous
disorders
, and distinguish't in their visits the differences of the
Condition
of the Persons and Diseases; arriv'd to a
Reputation
, not by the basest Arts, but their care and the merit of their
Success
.
THE END.
LONGITUDE To be found out with A new Invented Instrument, BOTH BY SEA and LAND.
ALSO, Some Reasons for finding it thereby, extracted from the Three Years Observations made at
Islington
, by Dr.
Edmund Halley
, Savilian Professor of
Geometry
in
Oxford
, for knowing the true Place of the Moon, and which now are inserted in Mr.
Street's
Caroline Tables. WITH A better Method for discovering Longitude, than that lately propos'd by Mr.
Whiston
and Mr.
Ditton
.
Written by
R. B.
Secretary to the Honourable Sir
Francis Wheeler,
when Admiral and General in an Expedition to
Martineco.
London
: Printed for
F. Burleigh
in
Amen Corner
. 1714.
TO THE
READER
.
SInce an Act of Parliament is past for the great Encouragement of that Person who shall first find out the Longitude of Places by Sea or Land, several Eminent Men excellently Skill'd in the Mathematicks are putting their Wits to work for a Discovery of that Secret, which will be highly Beneficial to the whole World. I wish, for the good of all Trading Nations, Improvement of Navigation, and absolute Perfection of
Cosmography
, that whosoever attempts the Invention of
Longitude
, may be successful in his Noble Undertaking; but hitherto the Methods propos'd by Mr.
Whiston
, Mr.
Ditton
, and Mr.
Hobbs
, are far from compleating their Design; and if they make no better Offers to the Honourable Commissioners appointed by the State for the Discovery of
Longitude
than they have hitherto, all Hopes of their discovering it may be laid aside for good and all. The Notions of Mr.
Hobbs
are very absurd, and the
Lemmata
or Propositions of the other Two Gentlemen very insignificant.
If what the learned Dr.
Brown
says in his
Pseudodoxia Epidemica
be true, it is vain for any Man to strive to find out
Longitude
; his Words are these.
"There is no
East
and
West
in Nature, nor are those absolute and invariable, but respective and mutable Points, according unto different Longitudes, or distant Parts of Habitation, whereby they suffer many and considerable Variations. For first, unto some, the same Part will be
East
or
West
in respect of one another; that is, unto such as inhabit the same Parallel, or differently dwell from
East
to
West
; thus as unto
Spain, Italy
lieth
East
, unto
Italy, Greece
, unto
Greece Persia
, and unto
Persia China
; so again unto the Country of
China, Persia
lieth
West
, unto
Persia Greece
, unto
Greece Italy
, and unto
Italy Spain
; so that the same Country is sometimes
East
and sometimes
West
, and
Persia
tho'
East
unto
Greece
, yet is it
West
unto
China
. Unto other Habitations the same Point will be both
East
and
West
, as unto those that are
Antipodes
, or seated in Points of the Globe diametrically opposite; so the
Americans
are Antipodal to the
Indians
, and some part of
India
is both
East
and
West
unto
America
, according as it shall be regarded from one side or the other, to the Right or to the Left; and setting out from any middle Point, either by
East
or
West
, the distance unto the Place intended is equal, and in the same space of Time in Nature also performable. To a Third that have the
Poles
for their
Vertex
, or dwell in the Position of a parallel Sphere, there will be neither
East
nor
West
, at least the greatest part of the Year; for if (as the Name Oriental implyeth) they shall account that part to be
East
wherever the Sun ariseth, or that
West
where the Sun is Occidental or Setteth, almost half the Year they have neither the one nor the other; for half a Year it is below their Horizon, and the other half it is continually above it; and circling round about them intersecteth not the Horizon, nor leaveth any Part for this Compute. And if (which will at first seem very reasonable) that Part should be termed the
Eastern
Point, where the Sun at the
Equinox
, and but once in the Year ariseth, yet will this also disturb the cardinal Accounts, nor will it with Propriety admit that Appellation; for that surely cannot be accounted
East
which hath the
South
on both sides, which notwithstanding, this Position must have; for if unto such as live under the Pole, that be only
North
which is above them, that must be
Southerly
which is below them, which is all the other Portion of the Globe beside that Part possessed by them. And thus these Points of
East
and
West
being not absolute in any, respective in some, and not at all relating unto others, we cannot hereon establish so general Considerations, nor reasonably erect such immutable Assertions upon so unstable Foundations. Now the Ground that begat or promoted this Conceit, was first a Mistake in the apprehension of
East
and
West
, considering thereof as of the
North
and
South
, and computing by these as invariably as by the other; but herein, upon second Thoughts, there is a great disparity; for the
North
and
Southern
Pole, are the invariable Terms of that Axis whereon the Heavens do move, and are therefore incommunicable and fixed Points whereof the one is not apprehensible in the other; but with the
East
and
West
it is quite otherwise, for the Revolution of the Orbs being made upon the Poles of
North
and
South
, all other Points about the Axis are mutable; and wheresoever therein the
East
Point be determined, by succession of Parts in one Revolution every Point becometh the
East
; and so if where the Sun ariseth, that Part be termed
East
, every Habitation differing in Longitude, will have this Point also different, in as much as the Sun successively ariseth unto every one."
Indeed I am not of this Gentleman's Opinion, for certainly the World is distinguished by the
East, West, North
and
South
Parts, according to these Words of St.
John
the Divine in his
Apocalypse.
I saw four Angels stand on the Corners of the Earth. And I saw another Angel come up from the
East.
Which Text
Napier
thus paraphrases,
Afterward I consider'd, that on all the Four Quarters of the Earth, and I perceived
Easterly
toward
Jerusalem. Therefore I can't be persuaded, but according to the
Ptolomean
System, the Terrestial Globe must have Positions respecting due
North
and
South, East
and
West
; but was the
Hypothesis
of
Copernicus
true, which teaches that the Earth turns round, and the Sun stands still, why then we must grant that there would be no Part of the World fixt to any certain Point of the Compass, and thereupon the Marriners Needle would be of no Use. Though all the
Phœnomena's
of the Heavens are calculated with little Difference by this System as well as by
Ptolomy's
, yet is the Assertion of the Earth's Motion abominably false, as may be proved by
Divinity
as well as
Physicks
; besides, I do not know why People should make
Copernicus
the Broacher of this palpable Error, when it first sprung up in the School of
Pythagoras
, who flourish'd (according to the Chronological Computation of
Alstedius)
Anno Mundi
3370
, which was 2090 Years before the Time of
Copernicus
; then the same Doctrine was cherish'd by
Heraclides Ponticus
and
Ecphantus
, two noted
Pythagoreans
, to whom afterwards joyn'd themselves
Nicetus Syracusanus
and
Aristarchus Samius
; all which have undertaken to defend that the Earth moves circularly, and that this Circumgyration of the Earth causes the Rising and Setting of the Sun, as well as the Moon and Stars. I must acknowledge that Dr.
Halley's
excellent Observations on the Variation of the Needle from the
North
is a very good Method for finding out the Longitude, especially in those Parts where that Variation is best known; but by the way give me leave to confess, that from the curious Observations which Dr.
Halley
made at
Islington
in the Years
1682, 1683
, and
1684
, of the true Motion of the Moon, I have so well extracted a Method of my own, for finding out the Longitude of Places which I have experienced, both in
Europe, Africk
and
America
heretofore, that I do not doubt of obliging the World shortly with a new Instrument which shall shew Longitude both by Sea or Land, with the same acility and Exactness as the Quadrate doth Latitude, when the Sun shall shine at a certain Hour in that Part of the World, where you shall take your Observation; and till such an Instrument is found out, which any Person of the meanest Capacity may know the Use of in
15
Minutes, if he understands but a little Arithmetick, all other ways hitherto invented for this most necessary Work are uncertain, and must be perform'd by such Astronomical Methods which is above the reach of every Person who is not well Skill'd in the Mathematicks: And as for the other Methods for discovering Longitude by the Variation of the Needle, Use of Clocks and Watches at Sea, and the LogLine or dead Reckoning, they are more uncertain and inaccurate. But as for my Method peruse what follows.
R.B.
Longitude to be found out with an Instrument, by Sea and Land
, &c.
OF all the Attempts which have been made hitherto by ingenious Men, for the Invention of Longitude, no Problem hath been more Erroneous and Ridiculous than that of late propos'd by
William Whiston
, M.A. some time Professor of the Mathematicks in the University of
Cambridge
, and
Humphry Ditton
, Master of the new Mathematical-School in
Christ's
Hospital,
London
. What Longitude is,
Kepler
tells us in these Words;
Est arcus æquatoris terrestris (vel etiam paralleli per locum ducti) interceptus inter primum meridianum terrestrem & inter meridianum loci, & in consequentia numeratus.
Epit. astron. copernic. lib. 3.
Now the finding out of Longitude is to discover, as certain a Rule of knowing how far we are distant on the Spherical surface of the Earth in Degrees and Minutes, from any known Meridian, Eastward or Westward, as we do for knowing how far we are distant in Degrees and Minutes, on the same Surface, from the Equinoctial Line, Northward or Southward.
In order to bring so necessary a Work to Perfection, it is requisite that all Nations should agree upon one first Meridian, or beginning of Longitude, which at present is not concluded on; for some Cosmographers do make the chief and first Meridian pass through the Islands St.
Michael
and of the
Azores
, and there are Two Reasons why they did there begin to reckon the Longitude of the Earth: First, because at that Time there was no Land known farther to the Westward than that Place; and Secondly, because under that Meridian the Needle in the Marriners Compass had no Variation, but did point directly
North
and
South
. However, according to
Ptolomy
, that Meridian is said to be first and farthest Westward which passes through the
Insulæ Fortunatæ
, or
Canary
Isles, as
Maginus
thus tells us in his Geographical Relation thereof,
Autem nominat eas Aprositum, Heram vel Autolalam, Pluitaliam, Casperiam, Canariam, & Centuriam; omnesque in rectam fere lineam a septentrione in Meridiem disponit, unde sub eodem meridiano cadunt, qui quidem Meridianus initium est computationis longitudinis terræ
, Pag. 201. Here it is that famous Geographer fixt first his Meridian, for the
West-Indies
were not known nor discover'd in his Days, nor of a long time after; since when the Discovery of
America
be ing made by
Americus Vesputius, Christopher Columbus
, and others, latter Cosmographers having made the Meridian to pass through the
Azores
, as above-noted; and which Islands, as appears by their Cards, are scituated more Westward from the foresaid
Insulæ Fortunatæ
by 5 Degrees; from this altering the antient placing of the first Meridian, they must likewise alter all the Longitudes set down heretofore by
Ptolemy
, or any other antient Writer:
Nevertheless
this Matter is easily rectified, for by adding to every Longitude Eastward 5 Degrees, or by substracting 5 Degrees from every Longitude Westward, you shall not greatly vary from those antient Longitudes set down by them who reckon'd their first Meridian from the
Azores
.
Some endeavour to find out the Longitude of any City, Province, or Place, by the Eclipses of the Moon; which
Gemma Frisius
thinks to be the most exact and absolute of all other, and thus teaches to be done. Observe the beginning of the Eclipse in that Place whose Longitude is unknown, which if it shall agree in Hours and Minutes with the time of the beginning of the Eclipse at
London
, you may be certain that that Place is under the Meridian of
London
, whose Longitude is about 20 Degrees; but if the beginning of the Eclipse differs, then besure the Miridian and Longitude of that Place differs from the Meridian of
London
, which you may thus find: Substract the lesser Number of the Hours and Minutes of the beginning of the Eclipse from the greater, and the difference convert into Degrees and Minutes after this Manner: Take for every Hour 15 Degrees, for 4 Minutes 1 Degree, and for every Minute of an Hour 15 Minutes of a Degree; and the Number of Degrees and Minutes so found, add to the Degrees and Minutes of the Longitude of the Meridian of
London
, if it be more Oriental (that is, if the Number of Hours shall be found greater in the same) substract; if it be more Occidental (that is, if the Number of Hours there be found to be less) and you shall have the Longitude of the said City which was before unknown. I must acknowledge that Longitude may be pretty near found out this way, for being once with Sir
Cloudesly Shovel
, Admiral of the Red, in
Italy
, and taking an Observation at
Venice
, by an Eclipse of the Moon, I found the Longitude of that Place to be 36 Degrees 12 Minutes, correspondent to the Longitude given by
Sansoon
, the
French
Geographer, within 3 Minutes. To this Rule, for the most part, are Squared all Cosmographical Tables of Longitude; but yet in this divers Errors do happen, either by the Artificer oftentimes wanting Diligence in observing the right Hour and Moment of the Eclipse, or else the divers Epacts and Latitudes of the Moon are commonly neglected; wherefore it is the best way, in this Point, that exact Astronomers should at divers Places observe the same E clipse, and so by conferring together, according to this Rule, find out the Longitude of different Places: But exact Astronomers cannot be easily found in every City or Town whereof we desire to know the Longitude, and neither is an Eclipse of the Moon always at command.
Now another Way to find out the Longitude, may be perform'd by a true Horology or Watch, which by an Astrolabe is to be rectified, and set just at such an Hour as you depart from the Place where you are, to go to any other Place, whereof you are desirous to know the Longitude: In which your going must be diligent to see that your Watch never ceases going, and being arrived at that Place whereof you seek to know the Longitude, you must tarry until the Index does justly touch the Prick of some perfect Hour, and also at that instant, to see what Hour it is by your Astrolabe: For if your Astrolabe and Watch do both agree in one, then there is no Difference of Longitude, but you have still travelled under one same Meridian, either towards the North or South. But if they differ One Hour, or certain Minutes, then reduce them to Degrees, or to Minutes of Degrees, as above taught, and thereby you shall find the Longitude desired to be known. But to take the Longitude upon the Sea by this manner of way, in may Opinion it is better to do it by a great HourGlass, made to run Twenty Four Hours, which must be watched when it is ready to run out, that it may be immediately turn'd: For Watches made of Iron or Steel, will soon Rust upon the Sea. This way I made an Observation (at the Desire of Admiral
Wheeler
, drown'd near the
Streights
) when I was at
Placentia-Bay
in
Newfoundland
, and found the Experiment true according to the best SeaCharts; however, this way either by Watch or Hour-Glass is not always to be depended on, because Watches and Clocks will inequally move, especially on the Sea, and the Sands of an Hour-Glass do not always keep the like Motion: Therefore if any Certainty may be this way, it must be by the Help of the
Automaton
, or perpetual Motion, of which Invention we may as much doubt, as of Mr.
Whiston
or Mr.
Ditton
finding out the Longitude by firing Guns or Sky-Rockets.
I must acknowledge that by
Trigonometry
, we may, when the Latitudes and Difference of Longitude of Two Places are given, find the Rhumb and Distance. When the Latitudes of two Places, and their Distances are given, we may find the Rumb, and Difference of Longitude. By the Rumb, and Latitudes of Two Places given, we may find their Distance and Difference of Longitude. By the Difference of Longitude, Rumb, and One Latitude, we may find the other Latitude and Distance. And by the Rumb, the Distance, and One Latitude given, we may find the other Latitude, and the Difference of Longi tude. But for Mr.
Whiston
and Mr.
Ditton
, to impose so much upon the World, as to make People believe Longitude is to be Discover'd either by Sea or Land, by a Propagation of Sounds, the Noise of Cannon, and firing Squibs and Crackers, without taking any Notice of their fixing Hulls at certain Distances in the Sea, they may as well persuade our Country-Men, that White is Black, and Black's White: But never an
Arrian
in this Kingdom, shall seduce me to hold with him in so great an Error.
Again, by the Distance betwixt the Moon and some known Star, which is situated near the Ecliptick, the Longitude may be found out, as taught by
Appian
, and illustrated by
Gemma Frisius
, to whose manner of Explication, we have for farther Illustration added a Figure of the
Parallax
, whereon this Invention is grounded. To shew then this Conclusion, we must tell you that the Distances betwixt the Moon and other Stars in the Firmament, are varied according to the Difference of Places, insomuch as Two Men living far distant in divers Places of the Earth, beholding at one Time the Moon, and some known fixt Star, will not find the like Distance betwixt them, whereof if a Man doubt, he may be inform'd by this Figure. We will imagine P. to be the Place of the Moon, as seated in the lower Orb; G. to be the Place of the fixt Star, whose Distance from the Moon is inquired; E. and F. Two Stations or Habi tations of Men dwelling on the Earth, whereof we may imagine the one to be in
Europe
, and the other in
America
; it will be manifest that the Inhabitants situated in F. will behold the Moon in the Point B. and the fixt Star in G.
because, as the
Opticks
teach us, all Things are seen in the Places opposite to the Eye, so the Distance between the Moon and Star, will be the Arch of the greatest Circle, B.G. and the Inhabitants situated in E. will behold the Moon by the Ray E.C. as likewise the fixt Star G. in the Point G. by the Ray E.G; so that the Distance betwixt the Moon and the fixt Star, will be in that Station the Arch of the Circle C.G. Now by the first common Axiom of
Euclid
, that the Arch B. G. is greater than the Arch C.G. the former being the whole, and the other a Part. Next, out of the same Ground, we may as easily collect that this Distance betwixt the Moon and some other known fixt Star is varied proportionally, according to the Distances of the Places on the Earth, because so many Places as there are, so many Diversities of Aspects will arise, being increased or diminisht, according to the Distances of Places on the Terrestrial Globe: This Conclusion thus demonstrated, I shall proceed to the Practice of it in this manner.
I. It behoves you to search out by the Help of Astronomical Tables, the true Motion of the Moon, according to the Longitude, at the Time of your Observation at some certain Place, for whose Meridian the Roots of those Tables are calculated.
II. You must know the Degree of Longitude of some fixed Star, nigh unto the Ecliptick, either preceeding or following the Motion of the Moon.
III. You must seek out the Distance of the Motion of the Moon, and the said Star.
IV. The Distance once had, apply the Cross-Staff of your Sight, and so move the Cross to and fro, till you may behold the Centre of the Moon at the one End, and the fixed Star with the other.
So shall you see exprest by the Degrees and Minutes markt on the Staff, the Distance of the Moon and the said Star correspondent to the Place of your Observation; which being noted, set down also the Distance betwixt the Moon and the aforesaid Star which was first Calculated. Then Substract the lesser from the greater, the Remainder will shew the least Difference, which being Divided by the Motion which the Moon makes in One Hour, you shall know the Time in which the Moon is or was joyn'd with the first Distance of the said Star; then having converted that Time into Degrees and Minutes, the rest will be perform'd, either by Addition or Substraction of the Product thereof to or from that Meridian, for which the Tables whereby you first Calculated the Motion of the Moon were appointed and verified. If the Distance betwixt the Moon and the fixt Star of your Observation be lesser, then must you add the Degrees and Minutes to the known Longitude, so shall you find the Place of your Observation to be more Eastward. If it be greater, then Substract the Degrees and Minutes from the known Longitude, and the Place of your Observation in this Regard will be more Westward. The Rules are so far true, that the Moon being suppos'd to be more Westward than the fixt Star, for if otherwise your Working must be clean contrary; to wit, if the Distance betwixt the Moon and the fixed Star be lesser, you must Substract the Degrees and Minutes from the known Longitude, so shall the Place of your Observation be more Westward; but if it be greater, then must you add the Degrees and Minutes unto the known Longitude, and the Place of your Observation shall be found Eastward. This way, though more difficult, may seem better than the rest, because an Eclipse of the Moon seldom happens, and a Watch, Clock, or Hour-glass cannot so well be preserv'd, or at least so well observ'd in a long Voyage; when every Night may seem to give Occasion to this Experiment, if the Air be free from Clouds, and the Moon shews her self above the Horizon.
This way of finding out the Longitude I have experienced in the
Mediteranean
Sea, when the late Earl of
Orford
first appear'd in those Parts of the World with the grand Fleet of
England
, after obtaining an entire Victory over the
French
at Sea; but besides, by the Observation of the Difference in the Motion of the Sun and Moon, the Longitude of Places may be found out. Now for the performing it hereof by this Rule, you must consider, that we take as granted by all Mathematicians, that the Motion of the Moon is 48 Minutes of an Hour slower in 24 Hours, or 360 Degrees, than that of the Sun; that by Observation of the Heavens, and other Ma thematical Helps, an Artist may know in any Place the first Meridian, the Hour of the Day, and the Time of the Moon's coming to the Meridian by an
Ephemerides
: Then for Example, suppose that in
London
the Moon on some set Day comes to the Meridian at Four of the Clock past Noon, and in some Part of the
West-Indies
the Moon is observ'd to come to the Meridian the same Day at Ten Minutes after Four, these Grounds thus set down, the Distance of Longitude at that Place Westward from
London
may be in this manner found out by the Golden Rule. If the Difference of the Sun's and Moon's Motion be 48 Minutes of an Hour in 360 Degrees, what will it be in 10 Minutes? The fourth proportional Number will be 75 Degrees, the Distance of Longitude of the Place assign'd from
London
, in West Longitude; from which Number the Longitude from
London
being Substracted, and the Remainder from 360, the Residue will shew the Longitude: But Note, that if the Moon in the Place assign'd comes sooner to the Meridian, we must count so much in East Longitude.
Indeed there are few Things in Nature, which have more perplext the Wits of ingenious Mathematicians, than the exactest way of finding out the Longitude of Places; not that the Matter was over difficult in it self, but that they fought out a Way to perform this Conclusion, not depending from the Observation of the Celestial Bodies and Motions; and also it is a Matter never found out as yet; because they propos'd to themselves one of these two Ways to find it out, either by some magnetical Instrument, or else by Industry of Navigation, neither of which can much profit. Not the former, because there have never been any fixed Points found in the
Equator
betwixt East and West, as have been observ'd betwixt North and South, so that nothing can proceed out of the meer Nature of the earthly Globe, whereon we may ground any difference of Longitude; neither is the second very beneficial, for all Voyages both by Sea and Land are very irregular and uncertain, either by reason of sundry Impediments, as Rocks, Mountains, Woods, contrary Winds, and other Dangers turning aside the direct Course of Passengers from any direct Way or Observation; or else by the Ignorance of Marriners, which seldom passes so far on Discovery; and if they do, know not perfectly to delineate out their Journey, as a
Cosmographer
would expect, to any tolerable satisfaction.
Herein have we allow'd that at present the best Ways to find out the Longitudes of Places are by Eclipses of the Moon, the Motion of the Moon, and by Clocks, Watches, or HourGlasses; but cannot agree with Mr.
Whiston
and
Ditton
, that they may be found out by the Eclipses of
Jupiter's
Planets, or Satellits, nor by the Log-Line or dead Reckoning; which last Way is such an inaccurate Rule, that all Ingenious Men must think those Persons Mad who should offer to propose it for a Means to find out Longitude, when by it the best Seaman cannot tell in what Latitude he is. But when I seriously meditate on these Two Gentlemens Method of finding out the Longitude by Sounds, it seems to me the greatest Solœcism in Nature; for as Marriners, to be the better assur'd of their Routs and Courses on the Sea, divide every quarter of the Horizon into Eight several Winds, so that they make the Compass to contain 32 Points: Suppose then, that a Sound shall be made when the Wind is
North-East
, what Benefit shall they receive by it who are
SouthEast
and by
South
? It may go towards them that lie
South-West
, and one Point on each side of it; but to them in other Points can scarce, if at all be heard. Next considering the various Positions of the Wind, make what Invention they think fittest to diffuse a Sound more horizontally, and how suddenly it shifts its Corner for several Points together, what certainty can those that listen for it have, in order to find out Longitude? Especially such as lie to the Windward of Sounds about the
Caribby
Islands in the
West-Indies
, and in other Parts of the
Atlantick
Ocean, where there is a Trade-Wind or constant blowing always from one Point with little variation, excepting in or near the Month of
August
, when those Parts are dreadfully afflicted with furious Storms call'd Hurricanes. Also Sounds will be of no Effect in those Seas or Parts of the Ocean where Monsoons are usual, which is a
periodical
blowing one half Year one way, and the other half Year the contrary; and the Limits of these Winds extend almost to the Latitude of 30 Degrees on each side the Equinoctial Line; besides the shifting of these contrary Winds call'd Monsoons, mostly between the two Tropicks on each side the Equator, is not all at once, but sometimes is attended with Calms and variable Winds, and sometimes with violent Storms that seem to be of the Nature of the
West-Indian
Hurricanes, and these Tempests or Tornado's are by the Marrines term'd the breaking up of the Monsoons.
Moreover, it is impossible to make the Engines which are to make the Sounds, to give all of them Sounds of the same Strength, Tenor and Circumstances, so that the Hearers shall tell by Ear in what Longitude they be; nor can I conceive how a Sound can move circularly (as Mr.
Whiston
and Mr.
Ditton
do alledge) unless the Wind blows all the Points of the Compass at the same time the Sound is given. And again, when the Sound is heard, at such and such distances, I am sure they cannot tell no more by the Sound how many Miles off it was made, than they can by it discover what Meridian they are under; but could the Hearers by the Sound tell what Meridian they were near, why then I must own they could tell the distance of that Place from the Place departed; because as
Langius
tells us,
Maximum usum habet Meridianus in supputandis locorum distantiis, quæ vel sola longitudine vel sola latitudine, vel etiam utraque dimensione differunt
.
Next as
Cluverius
rightly affirms,
Mutabilis dicitur Meridianus, quia si tantillum, ortum occasumve versus progrediaris, alius continuo erit Meridianus
. It is a Paradox to me how the hearers shall know that the interval of apparent Time, in Two Places, where a Sound is excited, and where it is receiv'd, besides that which is due to the real Propagation of the Sound itself, shall be the difference of their Meridians, or of their Longitude in Time. Now the Engine or Instrument which these Gentlemen propose to make the Sound with, is a great Gun, in which also can be no certainty, because every Gun, tho' of a like Bore, Bigness and Metal, will not give the like Sound, neither is Gun-powder of the like Strength; and when these two famous Artists talk, that Fire or Light 6440 Feet high will be visible, in the Night-time, when the Air is tolerably clear about 100 Measur'd, or 85 Geographical Miles, that is one whole Degree and 25 Minutes of a great Circle, from the Place where it is, even upon the Surface of the Sea; this Assertion seems to me as if they aim'd to have Beacons placed over the Watry Dominions of
Neptune
, and Warning Guns fixt on all the Mountains adjacent to the liquid Element, that the Spectator and Auditor may both see and hear how far he is from Land. A petty Projection I vow! As is also their fixing Hulls of Ships, without Sails or Rigging at Sea, in all ordinary Cases, by Anchors; and in extraordinary Cases, where the Ocean is vastly deep, by Weights let down from the Hulls quite thro' the upper Currents into the still Water below, as near as possible to the bottom. Indeed to try the Experiment would require a great many Hulls, for multiplying the Periphery or Cirumference of the World, which is 21600 Miles, by the Diameter 7200 Miles, the Product is 155520000 Miles, which is the Number of Square Miles on the face of the Terrestial Globe; then dividing them Square Miles by 7225, the Number of Square Miles in 85 Geographical Miles multiply'd in itself, and which is the distance they would have these Hulls placed from one another; besides having Masts erected upon hollow empty Vessels with White Spheres at their Tops, to be fixt in proper Places, at equal distances between these Hulls, for the more sure guiding Ships in Places of Danger, the Product of the aforesaid Operation in Division is 21525; but allowing one Third of the Globe to be Earth, and so dividing the last Number by 3, the Product will be 7175, the Number of Hulls to be continually kept in Use, and which will not take less than (if you allow but Eight Men to a Hull) 57400 Men to look after them.
Truly this is a very whimsical Notion, looking very Ridiculous in Mr.
Ditton
and Mr.
Whiston
; the first of which Gentlemen I do not know, but as for the other, People says he is a little beside himself, or rather, if he has any such Thing as Brains, they are really crackt. They might as well have propos'd a Method of building half-way Houses on the Ocean from
London
to all Place as we Trade to; for suppose we could raise so many Men as above-mention'd, how many of them would be willing to lead such desolate Lives as they must on the Sea, in the danger of Drowning and Famine? Even Malefactors would refuse a Pardon upon Condition of living under such a solitary Confinement. But perhaps these Gentlemen may say that we are not to be at the aforesaid Charge of keeping so many Men and Hulls, but every Nation must keep a certain Compliment of these Hulls and empty Vessels with erected Masts, according to the Extent thereof abutting on the Sea: Why we'll suppose all this, and what then? As one Nation was at War with another, they would spoil these Sea-marks; and Pyrates having regard to no Nation, they would destroy all of 'em, to supply themselves with Men, as they should have occasion. Moreover, other ill Conveniencies will accrue to this Project, for in Storms the Cables of those Hulls that lie at Anchor will oftentimes break, and such as are in the Ocean with deep Weights hanging from them into the Water, will drive about with the Wind and strong Currents, were ever so many heavy Weights fixt to them; I have seen this Experiment try'd in a great Storm once in the Bay of
Biscay
, and another time in the Gulph of
Florida
, and found this Citation false which Mr.
Whiston
and Mr.
Ditton
quote out of the Philosophical Transactions, That Ships having heavy Weights let down by Ropes from them into the lower Parts of the Waters in the Ocean, when Tempestuous, will ride as firmly as if fasten'd by the strongest Cable and Anchor to the bottom. And if so be these Hulls, as I have Remark'd above, lie expos'd to the Casualties of having the Cables of their Anchors broke, and these Hulls which have Weights hanging from them into the Waters of the Ocean, will not remain fixt in Stormy Weather, but drive many Leagues about with the Wind and Currents, I demand which way they'll know how to find their old Stations again, when the Storm is over? Upon my Word this new Method of finding out the Longitude of Places is very insignificant, and if (as they say) in case some Parts of the Ocean prove so very deep and rough that no Hulls can be fixt in them, the way to recover the Longitude, which may be by this means interrupted, is rightly propos'd by Sir
Isaac Newton
himself, in his Paper deliver'd in to the House of Commons, declaring that upon such Accidents, they must Sail obliquely from the last Hull into the Parallel of the next, and so all along the same till upon approaching to that next Hull the Longitude be a new recover'd, and the Voyage be continu'd as before. Let me ask, may none of these Hulls be lost in bad Weather? And if so, what Course must the Ship then Sail that is to be guided by such a Mark at Sea? Again, is it be to suppos'd that Ships setting out from
London, Bristol, Leith
, or any other Part of
Great-Britain
, will Sail out of their way to be guided by these Hulls and empty Vessels, which may lie many Leagues to the Windward or Leeward of them? No, they will make the best of their way; and tho' they may get Men to supply these Hulls in hot Climates, I question whether any will be so mad as to look after them about
Baffin's Bay, Groenland, Button's-Bay, Greenland, Scythick
Ocean,
Tartarian
Sea, and the
Streights
of
Magellan
; where they must most part of the Year encounter with more than
Cimmerian
Darkness, destructive Cold, Mountains of Snow, and Rocks of Ice; in the midst of these Extremities the explorsions of Guns, firing combustible Matter in the Air, and other Signals would be wholly laid aside.
As for the Method which Mr.
Hobbs
proposes for finding out of the Longitude, I shall not descant on that, because it is as useless as the other: I shall now proceed to declare, that the Rules which I have before allow'd for the finding out the Longitude of Places are the best hitherto know; but as the certainty is not infallible, give me leave to say farther, that the Longitude is never to be exactly found out till an Instrument is made for that Purpose, which shall shew the Longitude of any Place, when the Sun shines, with as much exactness as the Quadrate discovers the Latitude. Such an one I hope shortly to bring to Perfection, fixing the first Meridian at
Westminster-Abby
, and allowing for every Degree of Longitude on each side the Equinoctial Line, the Number of Miles and Minutes set down in the following Table.
Degrees.
Miles.
Parts.
Degrees.
Miles.
Parts.
1
59
59
18
57
4
2
59
58
19
56
44
3
59
55
20
56
23
4
59
51
21
56
1
5
59
46
22
55
38
6
59
40
23
55
14
7
59
33
24
54
49
8
59
25
25
54
23
9
59
16
26
53
6
10
59
5
27
53
28
11
58
54
28
52
59
12
58
41
29
52
29
13
58
2
30
51
58
14
58
13
31
51
26
15
57
57
32
50
53
16
57
41
33
50
19
17
57
23
34
49
45
Degrees.
Miles.
Parts.
Degrees.
Miles.
Parts.
35
49
9
63
27
14
36
48
32
64
26
18
37
47
55
65
25
21
38
47
17
66
24
24
39
46
38
67
23
27
40
45
58
68
22
29
41
45
17
69
21
30
42
44
35
70
20
31
43
43
53
71
19
32
44
43
10
72
18
32
45
42
26
73
17
33
46
41
41
74
16
32
47
40
55
75
15
32
48
39
9
76
14
31
49
39
22
77
13
30
50
38
34
78
12
28
51
37
46
79
11
27
52
36
56
80
10
25
53
36
7
81
9
23
54
35
6
82
8
21
55
34
25
83
7
19
56
33
33
84
6
16
57
32
41
84
6
16
58
31
48
86
4
11
59
30
54
87
3
8
60
30
0
88
2
5
61
29
5
89
1
3
62
28
10
90
0
0
Note, that in the first Column you have the Number of Degrees, to the uttermost Extent of the Northern or Southern Pole on either side the
Equator
; the second Column shews the Number of Miles contain'd in each of the 90 Degrees upwards or downwards; and the third the Parts of a Mile; and the same Table serves to shew
how many
Minutes and Seconds are requisite to make one Degree of the Equinoctial, by supposing the second Column to be Degrees instead of Miles, and the third Column Seconds instead of Parts of a Mile. 'Tis true, there is a great Difference among Authors concerning the Circuit of the whole Earth, for
Strabo
and
Hipparchus
compute it at 31500 Miles;
Eratosthenes
at 31250 Miles;
Possidonius
and the antient
Arabians
at 30000 Miles;
Ptolomy
at 22500 Miles; and the latter
Arabians
at 25500 Miles: But I follow the
Italians
and
Germans
, who reckon the Earth to be 21600 Miles in Circumference; and having no leisure now to enquire into the Reasons, for these great
Mathematicians
so widely disagreeing in their Mensuration of the Earth, I shall only add, that the Instrument which I shall propose for finding out of the Longitude of Places, will likewise shew the Elevation of the Pole in any Degree of Latitude North or South, the Bearings of one Place from another, and the exact Hour of the Day either by Sea or Land; but in the mean time, my Reader must Pardon me, for not describing by a Figure the Form thereof, and in what manner I shall make my Projection good, since such a Discovery would set others to try the Experiment; therefore the World must have a little Patience, for since I have spent a great deal of Pains and Time, without taking any notice of Charges, in the Invention of the Instrument, it is but reasonable that the Inventor should have the Encouragement to be given, in case it answers what he proposes.
FINIS.
Mr.
Maitland's
ACCOUNT OF INOCULATING THE SMALL POX Vindicated, From Dr.
Wagstaffe's
Misrepresentations of that
Practice
, with some Remarks on Mr.
Massey's
Sermon.
LONDON
: Printed and Sold by J.
Peele
, at
Lock's Head
in
Paternoster-Row
. 1722.
To
The Honoured
Sir
HANS SLOAN
, Bart. PRESIDENT Of the Colledge of
Physicians
,
&c.
PErmit
Me, Honoured SIR to Inscribe these few Sheets to you. They are written in
Vindication
of the
Practice of Inoculating the
Small Pox
. Your known Candour and Experience encourage me to submit them to your Censure, with Regard not only to the Safety of the
Method
; but likewise to the Truth of the
Facts
here contested. I am under great and many Obligations,
Honoured Sir, Your most Obedient Humble Servant
,
Charles Maitland
.
Mr.
Maitland's
Account of
INOCULATING
THE Small Pox Vindicated,
&c.
I Am very Sensible of the Respect that is due to the Profession, and Character of the Author of the Letter against
Inoculating the Small Pox
; but am no less sensible of the Obligation I lye under to vindicate my own Reputation, which a violent Fit of Sickness hath hitherto hinder'd me from doing. And I can do it with the more Freedom, because I am conscious to my self, that I began this Practice in
England
with the same View to the
Publick Good
, with which, I hope, the Learned Author condemns it. I must take the Liberty to say, that allowing the Doctor's Abilities to be as great as possible in his own Profession, he seems not quite so well qualify'd to write upon this Subject; because of the Narrowness of his Experience (as far as appears by his Letter) and his partial Credulity, or Incredulity in Matters of Fact, which he takes from others; and lastly, because of strong Prejudices, which impose upon his most excellent Understanding; and draw him into Reasonings, which either are inconsequential, or conclude strongly for the Practice of
Inoculation
, which they are brought to overturn. All these, I believe, will appear very plain to any Impartial Reader, in the following
Animadversions
, in which I will endeavour to be as short as the subject will allow.
The Letter pretends to be an Admonition to Physicians not to meddle in this Practice of
Inoculation
, 'till they are better ascertain'd, by Experience, of the success of it: At the same Time, it is a most warm Dissuasive, not only to Physicians, but to all Sorts of People, not to practise it at all; and consequently, to deprive them of all Possibility of coming by Experience. Would it not sound somewhat absurd, if any one should say to a young Physician, Pray, Sir, don't Practise 'till you have Experience? But it is still more so in this Case, because in a Practice that is entirely to be laid aside, you can neither have the Benefit of your own, nor other Peoples Experience.
As to Physicians meddling with this Practice of
Inoculation
, I can only say, it may savour too much of Novelty to be bigotly zealous for it; and to much of a FacultyInterest to be so violent against it. Physicians cannot ingraft People against their own, or their Parents Consent; and a Physician would be out of his Duty, who should persuade them to it contrary to their Inclinations: On the other hand, If a Person, from the Experience of the Fatality of the
Small Pox
in general, or in his own Family in particular, should resolve to ingraft his Child, any Physician, who should dissuade him from it, might, in a great measure, be chargeable with the fatal Consequences of the Neglect of a Method, which the Parent had propos'd, as the only Means to safe his Child's Life: And he would be still as much to blame, if when the Parent had resolv'd to ingraft his Child, he should refuse to attend him. It is very common with Parents, not only to leave their Children in Houses infected with the
Small Pox
, but to bring them into the Room, where their Brethren or Sisters lye ill of them; and a Parent who does so, conveys the Infection to his Child as deliberately, and according to the Doctor,
more certainly
than he, who orders him to be
Inoculated
. Would it not then be equally, impertinent in the Physician to deny his Attendance in either Case?
I must put the Doctor in Mind, that there are very few of the most useful Discoveries in Physick, that have not been strenuously oppos'd by many of the Faculty upon their first Appearance. There is extant a Decree of the College of Physicians at
Paris
, against the Use of Antimonial Vomits: It were easy to assign many Instances of the like Nature.
As the Doctor is surpriz'd,
that an Experiment, practis'd only by a few ignorant Women, amongst an illiterate and unthinking People, should on a Sudden, and upon a slender Experience, so far obtain in one of the Politest Nations in the World, as to be receiv'd into the Royal Palace
. I hope he has not forgot, that the Practice of Curing Intermitting Fevers by the
Bark
, was introduc'd of a Sudden, by a barbarous
Indian
, if not into the Royal Family, into the Family of a Viceroy; and thence transmitted to us.
Page 7.]
The
Blood
of the
English if we speak of it as National, is the Product of the richest Dyet
, &c.
Ergo
, to bring 'em to a spare Dyet before they have the
Small Pox
, must be extremely dangerous and hurtful. This must be the Doctor's Conclusion: mine, I own, would be the direct contradictory. If the Inflammatory State of the Blood, arising from the Richness of the Dyet, makes the
Small Pox
in
England
very mortal; That Practice, which either takes the Advantage of a contrary State of the Blood, or by a Spare Dyet introduces it, must be beneficial.
Page
8.]
The finest, the most Volatile, and indeed, Insensible Particles of the Animal Juices, are the most penetrating, and consequently the most contagious.
And for the same Reason, the most
noxious
: Does it follow therefore, To convey the Infection by the grosser and sensible Parts, must be extremely unfit and dangerous? I confess, I should have inferr'd the contrary.
The Symptoms are more or less, and the Distemper appears in a greater, or a less Degree, according to the State of the Blood at the Time of Infection
. Therefore the Practice of
Inoculation
is highly to be encouraged, because it either finds, or puts the Blood into a good State, before the Infection; seems to be a more natural Conclusion, than the contrary One.
Page 10.]
If we could be assur'd, that the Distemper would not be equally uncertain by
Inoculation
, according to the Nature of the Injected Matter, or the Disposition of the Fluids, in the Person who receives it; so that it would constantly prove of the mildest Kind,
Inoculation
would, no doubt, be a very rational and useful Practice.
The Doctor surely will not affirm, that a Person
Inoculated
is equally uncertain of the Circumstances mention'd, with one who catches the
Small Pox
by the common Way of Infection.
First
, He may be assur'd, if the
Inoculation
takes Place, of the Time when he shall have the
Small Pox. Secondly
, That he has not the Infection by the insensible Particles, which the Doctor owns to be the most contagious; or which is near the same Thing, convey the Contagion the strongest.
Thirdly
, He may be as sure, as his Operator is careful, that he is infected by a favourable Kind. And,
Fourthly
, He may be much more sure of the Disposition of his Fluids, than a Person who catches them by Chance, after a Surfeit, or a Debauch: And after all this, he may be assur'd, if he has not absolute Certainty, (which, I believe, one has hardly in Blood-letting) that he has a much greater Probability to escape, which is sufficient Ground for human Prudence to act upon: If the Doctor will deny those Things, I think it is Folly to reason upon this Subject any longer: And if , as the Doctor says, Inoculation
may be a more uncertain Method to give the Contagion, than that which Nature has pursu'd
; it may be, notwithstanding that, much more safe.
Page 11.]
The very Choice that is made of a thick purulent Matter, to intermix immediately with the Blood, seems a little repugnant to our Reason, since we know, that the Particles have such a different Contexture, and such different Powers to Attract.
It may proceed from my Ignorance, or Dulness, but, I confess, I do not easily apprehend the Meaning of this Sentence: Whe ther by
the Particles
he means the Particles of purulent Matter, or the Particles of Blood; or whether the Particles of purulent Matter have different attractive Powers, from those of the Blood, is not obvious from the Construction of the Sentence. I chuse rather to understand him in the last Sense, because he has afterwards very sagaciously discover'd,
That the blended Particles of Blood with Blood, may, in all Reason, be thought more likely to unite, and less liable to raise Commotions.
But it happens unluckily in the Case of
Inoculation
, the Design is
to raise a Commotion
; and the purulent Matter, for the Reason mention'd by him, is fittest for that Pupose; And his Observation, that
purging Medicines injected into the Blood will Purge
, does not prove, that the
Pus
of the
Small Pox
, mix'd with the Blood, may not raise the
Small Pox
. What he says in this Paragraph, as likewise in the following, concerning the Experiment of the
Mangey Dog
, proves, that
Pus
is a more proper Vehicle to convey Infection than Blood; I cannot find any more in it.
Page 13.]
It never came into the Heads
of the Practitioners above-mention'd
to raise Distempers by Art in a human Body.
Then I will be bold to say, it never came into their Heads to practise Physick; which, consider'd in a true Light, is founded upon that single Principle of Curing
Natural
, by rais ing
Artificial Diseases
. What is Bleeding, but an artificial Hæmorrhagy; Purging, but raising an artifcial Diarrhæa? Does the Vomiting produc'd by a Surfeit, and that procur'd by a Medicine differ so much, as that the One must be call'd a Disease, and the Other not? Are not Blisters, Issues, and Setons, artificial Imposthumations? I hope he has not forgot the
To pyr poiein
of his great Master
Hippocrates
. The Wounds and Amputations of Surgeons, differ only from accidental Ones, by the Manner and Intention;
Morbus est ille corporis status qui functiones Animales lædit
: And it may be likewise observ'd, that Physicians produce those Diseases in their Patients often by Way of Prevention as well as Cure; and in this they do nothing but imitate Nature, which often attempts the Cure of one Disease by another.
Page 14.] His next Argument is taken from
the fatal Consequences of this very Matter it self returning into the Blood, in the very Height of the
Small Pox
, where there seldom is a full and sufficient Discharge by the Skin
, &c. One would imagine, that the natural Inference from this, would be to the Advantage of
Inoculation
; For if there are terrible Symptoms, which arise from Want of a sufficient Discharge of the purulent Matter in the
Small Pox; Inoculation
, which provides for such a Discharge, by artificial Out-lets, must needs be useful; and seems more proper than the Blisters, which the Physicians apply on that Occasion. As to the
fatal Consequences arising for Want of a sufficient Discharge upon the Skin
, I am affraid the Case is quite different from what the Doctor represents; for the more Matter is discharg'd upon the Skin, the more is often return'd into the Blood; witness the
confluent
Kind of
Small Pox
, where the Discharge upon the Skin, as well as the Symptoms arising from the Return of the Matter into the Blood, are both the greatest: And I believe it will be found, the less the Discharge upon the Skin, the less will be the Danger from these Symptoms. The Doctor says,
That one may always observe in this artificial Method (even where the Distemper is the fairest and most kindly) that the Pustules scarce ever plump up to that Degree, or contain so laudable a Matter, as they do in the natural Sort.
Here is an odd Jumble of the Words
always, scarce ever
: Suppose for
scarce ever
one put
seldom
, then the Sentence runs thus;
One may always observe the Pustules seldom plump up
, &c. What happens but seldom, happens sometimes; and to observe
always That
not to happen, which happens sometimes, is odd, or oddly express'd. I would be glad to know how many Cases the Doctor has observ'd, to frame this so general a Proposition upon; of the contrary of which, Hundreds of Persons about this Town, who know the Disease perfectly, have been Eye-Witnesses.
Page 16.] The Doctor foresees some Inconvenience that must happen, from those
viscid Particles
intermixing with the Blood, without undergoing the common alterations of Aliment. But they have that in common with the
Volatile
and most
Insensible Particles
. But then they are
viscid
, and therefore, (according to the Doctor's Reasoning) don't convey the Infection so strong: But they
occasion great Disorders
; Not so great as the
Insensible
and
Volatile Particles
. At last, they
break through the Glands of the Skin
: If only the small Quantity of purulent Matter, that mixes with the Blood, break thro' the Pores of the Skin, the Eruption, indeed, would be very small; But to cause an Eruption, is the very Intention of the Operation; the
Small Pox
cannot be produc'd without it: And if the Doctor still insists, that it is
only like the
Small Pox; all I can say is, If he had been pleas'd to attend Multitudes of Cases of
Inoculated Persons
, here and elsewhere in
England
, since this Practice began, he must have been convinc'd, that the
Eruptions
, produc'd by
Inoculation
, are the
Genuine Small Pox
. If his Arguments so far prevail, as to hinder any future
Inoculation
, he must for ever continue in his Mistake; If the Patient recovers, then it was only some thing like the
Small Pox
; If any one dies, then to be sure it was the
Small Pox
catch'd by
Inoculation
, and of the worst Sort. In this Paragraph it is no
Small Pox
; by and by, it is a
Small Pox
so bad, that it is capable of
spreading the
Small Pox through
a whole City; and an artificial Way of depopulating a whole Country
. This Way of Arguing is a very plain Proof of the strong Prejudices the Doctor lyes under; and that as he has taken up his Opinion early, he is resolv'd to defend it obstinately.
Page 20.] The
Inoculators
are charg'd with
Acting like Empirics
, because
they are not ascertain'd of the different Doses for Children and Adults
. There does not seem to be any great Matter in this Nicety, by Experience, as it stands hitherto; a small Quantity will communicate the
Small Pox
, and a greater has been found not to do hurt in any one Instance. If the
Inoculation
is perform'd by Incision, the different Apertures will answer that Intention: However, there is a great Difference between recommending Caution, and forbidding the Practice: It is still more strange to forbid the Practice, 'till that is determin'd, which can only be found out by Practice. According to this Principle, it had been impossible ever to have found out any Thing in Medicine; for he that gave the first Dose of a Vomiting, or Purging Medicine, or of any other, could never be sure of the proper Dose; nay farther, according to this Doctrine, it is impossible to give any Body their first Dose of any Medicine: For who can tell what is the proper Dose for any particular Person, there being often Singularities in every one's Constitution? In all these Matters, Mankind generally govern themselves by common Sense, and strong Probabilities; there being no absolute Certainty in any human Affairs.
Page 25.] The Doctor returns to his former Point, that it is
not the Genuine
Small Pox
, and consequently no Security against that Disease.
The Matters of Fact I will answer by themselves; all I shall say at present is, that if the Symptoms of the Ingrafted
Small Pox
are more mild, than those of the natural Sort, I hope the Doctor will not bring that as an Objection against the Practice. I believe the Patient, in this Case, has just as great Certainty for not having the
Small Pox
again, as any other Person who has had them;
which is no absolute one
. Those who are Infected by any Method, I believe, are much in the same Condition, as to their Security from the Disease for the future; for which, I will give the Doctor this one plain Proof, which is sufficient to establish a moral Certainty. This Practice of
Inoculation
has been continu'd for many Years in several Countries; if the
Inoculated
had been subject to catch the
Small Pox
a second Time, something of this Kind must have happen'd; and a very few Instances of this, must have put an End to the whole Practice: For can any one imagine, that People in their Senses would have continu'd a troublesome Experiment, which was not effectual for the Purpose for which it was design'd? I will take the Freedom to say, that this single Reflection is a stronger Proof of this Point, than all the Doctor's Doubts and Suggestions, who knows nothing to the contrary; as I shall shew by and by. May it not at least be aviseable to allow a Truce in the Dispute, 'till an uncontested Case of that Kind happens?
Page 28.] But, Innoculation
does not always take Place and produce the Disease
: is Therefore the Practice to be left off? There are some Persons, who by a Speciality of their Constitutions, seem hardly susceptible of the Distemper; and others, who have had the Disease, but it has been mistaken, or forgot. They go farther in
Turky
, and affirm, that the very running Sores are a Security against the
Small Pox
. There may be, indeed, a strong Presumption, that Persons, who have had so severe a Tryal as
Inoculation
, may not be susceptible of the Distemper. Besides, there are several Incidents in performing the Operation, which may not be carefully attended to; if the Patient has not the
Small Pox
, there is little Hurt done. There are some, whom a very strong Dose of Phy sick will not purge: What then? must we never afterwards give a Purge?
If the Doctor's Aphorism, laid down,
Page
36, That an
Experiment, to make it useful, always must be nearly uniform
; there must be no such Thing as the Practice of Physick; unless by the Word
nearly
he allows a very great Latitude.
I cannot allow it as a solid Argument against
Inoculation
, that the
French
and
Italians
have not begun it; no more, than that the House of
Bourbon
has never been
Inoculated
. Were the Doctor's Letter publish'd in
Italian
too, as it is in very elegant
French
, both Nations, to be sure, will be sufficiently frighten'd from ever attempting this Practice: And to make the Antidote still more universal, let us have it in
Sclavonic
and
HighDutch, Welsh
and
Irish
also.
What the Doctor says,
Page
44, of
the Attention that is to be given to the natural Weaknesses of the Constitutions of the Persons
Inoculated, is a very proper Caution; and perhaps Miscarriages, if any such there be, may be owing to the Neglect of it. But, as I hinted before, if the least ill Success, even in the most innocent Branches of the Practice of Physick, arising from Want of Care, or Skill, should be a perpetual
Bar
to the Repitition of them, People must leave off to Purge, Vomit, Bleed, or even to cut Corns, of which Operation several die in a Year within the Bills of Mortality.
Page 45.] But it is
possible, and even probable, the Matter of the
Small Pox
may communicate the Diseases of the People from which it is taken
. This is hard! The Doctor will scarcely allow, that the Matter of the
Small Pox
will communicate the
Small Pox
; but it is
probable
, that it will communicate any other
Disease.
Que vive
Thomas Diaphoinus,
il n'a Jamais eté vaincu en dispute
! How are we sure, that the Aliment, or Drugs, both for External and Internal Uses, don't communicate the Diseases; nay, the very natural Qualities of those Animals from which they are taken? I think, indeed, the Election of wholsome Subjects to
Inoculate from
, is a proper Caution; but the Doctor demands absolute Certainty, which cannot be found in any human Affair, and less still in any Medical or Chyrurgical Practice. Mankind in all those Matters govern themselves by the strongest Probabilities; and that these are on the Side of
Inoculation
, I shall plainly demonstrate.
Page 51.] The Doctor's Argument from the
jarring Opinions
of the
Innoculators
; if all he says were true, is just as strong against the Practice of Physick in General: For if no Body was to take any Medicine 'till
Doctors cease to differ
, I believe the Faculty would starve: May we not with more Truth affirm, that the
Anti-inoculators
(a Word more sonorous, and longer by two Syllables than that of
Inoculators
) are as inconsistent and changeable in their Opinions? One while they asserted, that it was impossible to give the
Small Pox
by this Method; when Experience had convinc'd them, some of 'em at least, of the Untenableness of this Doctrine; then they allow'd, if it prov'd mortal, that it was the
Small Pox
; if they escaped, to be sure they would have them again; If it was a favourable Sort, then there was some inveterate Distemper transplanted with it; If any Boils or Imposthumations appear'd at the going off of the Disease, those were the Effect of the
Inoculation
, not the Consequence of the
Small Pox
in General, or of the Constitution of the Patient. These are certainly, not the Reasonings of ingenious and inquisitive Philosophers, but the Cavils of interested Disputants; and it would be ridiculous, for any Man to be determin'd by the jarring Opinions, either of the one Side or t'other.
There is nothing material in the Way of Argumentation, 'till we come to
Page
62. There this
Practice
is condemn'd, as it tends to propagate and continue an Infection in any Place: Here again it is the
Small Pox
; else why should it spread the
Small Pox
? I answer, if it be true, that the Generality of Mankind have the
Small Pox
; if they are rare in some Years, they must be rife in others; because a new Stock of Subjects susceptible of the Distemper is produc'd; and the Operation of this Distemper upon the Mass of Mankind in any particular Place, is nearly uniform. When this general Run of the
Small Pox
happens; I take it to be indifferent to the Mass of the Inhabitants of any Place in general, exept in this one particular, that when the Disease is produc'd by a bad Constitution of Air, as it is most Epidemical, so it is then most mortal. Now if this Distemper should happen to be propagated by an artficial Method in a favourable Season, would not this be rather an Advantage to Mankind than otherwise? For example, The Doctor alledgeth that hardly one of a hundred hath dy'd of the natural Sort this Year; would it not then have been highly profitable to Mankind, that a general Run of the
Small Pox
had happen'd in so favourable a Season; and this would still operate more strongly for the Benefit of Mankind, if not only the Season, but the Method of Propagation had ten to one of odds of producing a mild Sort. So that this Argument of the Doctor's has the Misfortune, with a great many of the rest, to prove the Contradictory of his Conclusion: But without taking the Advantage of the Doctor's hardy Assertion, that hardly one of a hundred have dy'd this Year of the
Small Pox
: I will examine it a little by Numbers. I have not all the Bills of Mortality by me, but by a small Specimen, the Accompt stands thus:
Dy'd of all
Diseases
.
Dy'd of the
Small Pox
.
1707.
21600
1707.
1078
21291
1687
21800
1024
24620
3138
19833
0915
21198
1943
21057
1614
26569
2810
22232
1057
24436
2427
23446
2211
1718.
26523
1718.
1884
274605
21788
By which it appears that the single Branch of Mortality occasion'd by the
Small Pox
is some Years 1/8 and in a Circle of twelve Years about 1/12 of the whole Mortality in general; For 21,788 is near 1/12 of 274,615. During this Term of Years,
London
wanted an Addition of near 22000 People yearly to keep it equally full. If all Mankind had the
Small Pox
, then 22000 People, one Year with another had it; of which 1/12 dy'd; If one half of Mankind had the Small Pox, then 1 out of 6, who had the
Distemper
, dy'd of it. Which, by the way, shows the Doctor to be out in his Calculation; for if only 1000 die this Year, as perhaps may appear by the Bills, 100,000 must have been sick of the
Distemper
, to make his Assertion true,
that one only of a hundred dy'd
: If he means it only of Children, it is a strong Argument for
Inoculation
, because it allows that to be a favourable Age.
By the Bills of Mortality of
Breslaw
it appears, that the Mass of Mankind lose above 25
per Cent
, before they are a Year old; that is, of a 100 that are born, more than 25 die that first Year: I may say with great Probability that not 1/9 of those have the
Small Pox
at all; but die of other
Diseases
; and that in the Account, as it stands before us 8 of 9 of Infants may be reckon'd neither Subjects of the
Distemper
, nor of this Practice, but as it were
non-Entities
. Therefore out of the 22000 People, the yearly Recruits of
London
abovemention'd, substracting 4000, there remains 18000, of which yearly there died above 1800 of the
Small Pox
; that is, 1/10: So that the
Small Pox
may be reckon'd to cut off 1/10 of Mankind above the Age of one Year. I wish the World is not malicious enough to say, that Physicians (like the Clergy) are now strugling for their Tenths. But to proceed, If, as I said, all Mankind a bove a Year old have the
Distemper
, 1 out of 10 dies of it; If one half, then 1 out of 5, which have the
Distemper
the natural way, dies of it: If 1/4 of Mankind have the
Small Pox
once in their Life, then of them 2 out of 15 die: If 5/6, then 3 out of 25, which have the
Distemper
, die of it. According to D.
Nettleton's
Calculation; out of 1245 who had the natural
Small Pox
in some Neighbouring Towns in
Yorkshire
there died 270, which is about 22 out of a hundred. As to the prudential Part of
Inoculation
, it is all one whether a greater or lesser Number have the
Small Pox
; for the Chance of not dying by the
Small Pox
the natural Way, is made up of the Chance of escaping the
Distemper
, and that of escaping in the
Distemper
. If 1/2 of Mankind have the
Distemper
, it is 1/2 of 1/5 or 1/10: If 3/4 of Mankind have the
Distemper
, then it is 1/4 X 2/15 or 6/60 or 1/10
&c.
Still all Mankind must be consider'd with the Seeds of a Distemper within them, which has the Chance of 1 to 9 to cut them off. Then surely they don't merit such hard Names, of
Homicides and Spreaders of Infection
, who do but attempt to lessen the Dread and Danger of this terrible Pestilence.
By the Accounts of the
Inoculation
in
England
and the
Plantations
, tho' it is an early Practice, and has not been manag'd with due Care and Circumspection; out of about 500 on whom it has been perform'd, the Enemies of the Practice have not produc'd the Names of above 3 Persons that have died; allowing their Deaths chargeable on this Practice, which I believe is not in Fact true: A Practice which brings the Mortality of the
Small Pox
from one in ten to one in a hundred, if it obtain'd universally would save to the City of
London
at least 1500 People yearly; and the same Odds wou'd be a sufficient prudential Motive to any private Person to proceed upon, abstracting from the more occult and abstruse Causes which seem to favour this Operation. It is a self evident Proposition, that a Person who receives the Infection by
Inoculation
, has a much fairer Chance for his Life, than he who takes it the natural Way; unless it can be affirmed, that the having the Election of all the Circomstances of the Disease, is of no manner of Advantage. For Example, it must be of some Benefit, to know that one is to have the Distemper nine or ten Dayes before it comes; rather than to be surpris'd, or perhaps mistaken in it. To have it at an Age when it is not so mortal: To take it when the Body is in a temperate and cool State, rather than in a contrary one: When the Constitution of the Air is favourable, rather than malignant: After a cool Dyet and other due Preparations, rather than after a Surfeit or a drunken Bout. For if the principal Strokes towards the Cure, are in the Regimen, in the Beginning of a Distemper; it must be still more so, in a Regimen before it begins. If the Doctor will deny these Truths, I have done. But if the having all the Circumstances abovemention'd in one's Power be of some Advantage, then the
Practice of Inoculation
cannot be hurtfull but beneficial to Mankind in general: Then why must an Experiment already practis'd with Success in another Country, that bids fair to save the Lives of Multitudes, be entirely laid aside and crush'd in the Bud? Cannot the learned Physicians, who so zealously oppose it, have a little Patience, and Time will clear up many Things in it, which perhaps may be now doubtful? Therefore since this Practice cannot be hurtful but beneficial to Mankind in general, it ought not to be discouraged.
As to the Inconsistencies and Mistakes, the Doctor is pleas'd to charge me withall: I shall always be so ingenuous as to own such, as my Inadvertency or Want of Experience have subjected me to. What I wrote was according to the best Information or Experience I had at that Time. General Propositions, in practical Matters, are not to be understood in the Strictness of a Logical Universality. The Symptoms from which I exempted the Inoculated
Small Pox
, are to be understood in a Comparative Sense, with regard to those of the natural Sort; the Word
usual
will justify this Meaning, in which any Reader, not quite Captious, will interpret them. If with all these Restrictions I cannot be favourably understood, I beg Pardon; and as I said before, I shall be always willing to recant any Mistake. But as on the one hand, I study to keep myself free from Prejudices, so far as to be susceptible of any future Conviction, which may arise from
Experience
; so I wou'd not submit a Point already establish'd, to the silly Cavils of those who have none.
I am sure, I am not mistaken in the Account of the
Inoculation
at
Newgate
; but the Doctor is. I referr the Reader to my printed
Journal
; whereby it appears, that the Operation was fairly and equally perform'd on all: And I can with great Truth, declare, that I had no Intention to make any Difference in the Incisions; nor was there, indeed, any made. The Doctor not having seen
Evans
, the Man who had had the
Small Pox
before, till next Day, when they were partly heal'd, this might occasion his Mistake. Nor was the Matter taken from a violent Flux-kind, but from a full distinct Coherent kind, and at the proper Time. Mrs.
Tompions
Boil (as he call's it) on her Arm; was not the same from the first Day of the Eruption; nor the only one she had: But was a fair, regular Pustule of the
Small Pox
, of which also she had others, if he had been pleas'd to examine.
Alcock
, who had the
Goal-Distemper
, had also 60 Pustules, at least, of the
Genuine Small Pox
; with a gentle Fever before the Eruption. As to all of them, having had but few Eruptions; I hope, that is no Objection against the Practice. And as to the Time and Manner of their Pustules going off; they were much the same, as in the gentler Sort of
Small Pox
: Only that
Alcock
opening his with a Pin, made them fall off sooner. The Doctor might have taken Notice, that
Eliz. Harrison
, who had them as gently, at least, as any of them; has been employ'd since in Nursing above 20 People in the
Small Pox
, and never has catch'd them: Which any impartial Person will judge to be a better Proof of the Genuinness of the Distemper, than all his Observations can evince to the contrary.
As to Mr.
H---n's
Case, it is true. But the Inference is only, that there was one Person, on whom the
Inoculation
did not take place. I hope the Doctor has not forgot that he own'd to me that Mr.
Colt's
Children had the true
Small Pox
; tho' their Case differ'd in nothing from those in
Newgate
; but in the Degrees of the Distemper.
As to the Experiment in St.
Thomas's Hospital
, after two vastly large Incisions, and an immoderate Quantity of the Matter
applied
; three Days and Nights Confinement of the Patient to his Bed, without opening his Bandage, a warm Regimen, in a hot Sea son; I visited him, (to know the Truth of the Noise that was made) on the sixth Day after the Operation, and saw no Eruptions, nor had he any; nor were his Incisions digested: I took the Freedom to ask Doctor
Wadsworth
then present, whether the Sores (pointing at them) were like those he saw at
Newgate
? And he fairly own'd, he cou'd not say they were. I again saw this Patient a Week after, but still no Eruption; If any Eruptions happen'd between these Times, they could not be the
Small Pox
: And I believe, none who saw and attended both Experiments, can truly say, they were like those in
Newgate
.
I own that it seem'd probable that the six Persons in Mr.
Batt's
Family might have catch'd the
Small Pox
of the Girl that was
Inoculated
; but it is well known that the
Small Pox
were rife not only at
Hertford
, but in several Villages round it, many Months before any Person was
Inoculated
there: Witness Mr.
Dobb's
House in
Christ's Hospital
Buildings, where he himself died of the worst Sort with Purples; and his Children had it. Some other Families there, and particularly Mrs.
Moss's
, where the above-named
Elizabeth Harrison, Inoculated
in
Newgate
, attended several Persons under it, to prove whether she would catch the Distemper by Infection; Both
Latin BoardingSchools
; Mr.
Stout's
and Mr.
Loyd's
Fami lies; Mr.
John Dimsdale's
Coachman and his Wife; and Mr.
Santoon's
Maid-Servant, who was brought to the same House, and died of the Confluent kind of the
Small Pox
; I took Matter from the said Coachman to
Inoculate
Mr.
Batt's
Daughter in the Country Farm House, the
first
Ingrafted in that Country. After this I took Matter also from Mr.
Stout's
Maid-Servant to
Inoculate
Mrs.
Heath's
two Sons; which were all I
Inoculated
in that Town. Besides all these there were a great many more, whose Names I cannot at present call to mind both in Town and Country about it, who had the
Small Pox
, and several died of it, the Summer before I began this Practice: These are Matters of Fact, which the Doctor's Author cannot disprove. To charge then the Spreading the
Infection
and the Consequences of it, thro' that Town, upon two single Boys who were
Inoculated
in a Court in a manner separated from all the rest of the Town, which was fuller of the
Small Pox
before than after the
Inoculation
, is not agreeable to that Ingenuity which the Doctor seems to demand of his Adversaries.
The case of Mr.
De Grave's
Daughter which fills up three or four Pages in the Letter, and upon which the Doctor lays the Foundation of his
Hypothesis
, the Reader may please to take from her Father's own Words in his Letter annex'd. From which it ap pears that the Girl had the
Small Pox
but once, of the favourable kind; and in all Probability by
Inoculation
. So far the Case is singular, that it did not take place till eleven Weeks after the Operation; and untill the Blood was put into a Ferment by violent Motion. Here the Doctor triumphs in his
Dilemma, Either she had, or she had not the
Small Pox
by Inoculation
; If the first, then it is plain
Inoculation
is no
preventive
of the
Disease
; If the second, the
Experiment
is good for nothing. I think in this way of Argumentation, to make it conclusive, there ought to be a perfect
Enumeration
; but here is a
Third
Case, and the real one, not enumerated; which is, that the Girl had the
Small Pox
, and that but once, by
Inoculation
; tho' not at the same Time when the Doctor lays the Scene of his
Dilemma
. But to consider the Second Branch; allowing that this
Small Pox
was the natural Sort, and not produc'd by
Inoculation
, of which, I think, the contrary is plain; sure it is a strange Inference to say, that because
Inoculation
has not taken Effect in one Subject, it is therefore good for nothing. The Doctor's excellent Judgment will instruct him to reason with more Temper and Solidity in other Matters of his Profession; and not make Use of his
Aphorism, That one Instance
is as good as a thousand in Matters of Experience. What the Doctor says of his Fears of a great Class of Hypothetical Diseases, is all vanish'd, and the Girl is very well. I refer the Doctor upon this Head of the Preventive Power of
Inoculation
, to the Letter which he lays so much Stress upon, from
Boston
; where his Ally in this Dispute owns,
That not one of the
Inoculated (being about three Hundred)
during the Space of five or six Months
, in a general Run of the
Small Pox, has had the
Small Pox
the natural Way, as far as we know
: But of this more afterwards.
As for his second Story of Captain
Hussart
, it requires only a bare Reading to make it ridiculous; For no unprejudic'd Person of common Sense can believe that one, after having been
Inoculated
twice without any Effect, would try it a third Time: But after a third Time, to try it a fourth, fifth, and sixth Time, passeth all Degrees of Credibility. But it seems this Captain was not very certain, whether it was five or six Times; one
Inoculation
had quite slipt out of his Memory: he wanted one Quality, which the Proverb demands in some Sort of People. Since the Doctor can give Credit to this Story of Captain
Hussart
, and at the same Time question the Truth of what is said by eminent Physicians, who writ from their own and other Peoples Observations on the Spot, where
Inoculation
is practis'd daily; I appeal to my Readers, if I may not with Justice tax him of being par tially
Credulous
or
Incredulous
, as Facts make for or against his Purpose. And with all due Respect to the Senate of
Boston
, I question whether a Bill, or an
Hypothesis
, founded upon such a Fact, is more extraordinary. But allowing it to be true, what is the Inference? That a Person, who could not catch the
Small Pox
by
Inoculation
, had them the natural Way: If that were granted, will it prove, that one who has the
Small Pox
by
Inoculation
, may afterwards have them the natural Way? If upon the same Authority, the Doctor can believe the Story of the
Muscovite
Dragoon, or the
Inoculated
Soldiers in the
French
Army; I wish him much Joy. I promise him I will not (like the Gentry who went in quest of St.
Alban's
Trough) ride twenty Miles to be able to disprove it. I should be glad to know, which Way the Doctor supports so bold an Assertion, That [Page 17]
by the Account Dr.
Nettleton
gives, as also by the best Observation upon those who have been
Inoculated
in this City, scarcely a fourth Part of them have had a true and genuine
Small Pox
; I have read over carefully Dr.
Nettleton's
Account, contain'd in his Letters printed in the
Transactions
of the
Royal Society
, No 370; and for my Life I cannot find any Thing to justify this Assertion; on the contrary he says,
We have not yet found, that ever any had the Distemper twice, neither is there any Reason to suppose it possible; there being no Difference that can be observ'd betwixt the natural and artificial Sort, (if we may be allow'd to call them so) but only that in the latter the Pustules are commonly fewer in Number; and all the rest of the Symptoms are in the same Proportion more favourable.
I hope there is at least as much Credit due to an ingenious Practitioner, who writes from a very extended Experience, as to one who writes for the most Part by Hearsay.
As to those who have been
Inoculated
in
London
; to oppose my own, and other Persons Testimony from ocular Inspection, against his, who talks by Report, may seem perhaps too great Presumption. I therefore challenge the Doctor to name the Cases and Authorities whereby he supports such a wild Assertion.
As to Mr.
Sp------r's
Case, I will not preoccupy my Reader with any Reflection; but refer him to the Matter of Fact here subjoin'd, as it is testify'd by the Surgeon and Apothecaries that attended him.
As to the Case of Lord
B------ts's
Servant, I refer to the Account subjoin'd.
He is just as much misinform'd of the Case of Lord
F------s's
Son, who had a favourable Sort of
Small Pox
, and was in no Danger of his Life; as the Physician who attended him will readily own.
As to the unfortunate Accidents which have happen'd to some of the First Rank by this
Ingrafting Method
; if I guess right who he means, one of them is perfectly well without any unfortunate Accident; and the Imposthumation, which had no Dependance nor Communication with the Incision, is perfectly cur'd without any Exfoliation of the Bone, or any
Hectic Fever
. But it is hard to charge the common Accidents of the
Small Pox
in general, upon this Method in particular.
It is no less a Misinformation, that the Children of a Nobleman, understood in his Letter, were
Ingrafted
from a bad Sort of
Small Pox
. As to what he says of the poorer Sort of
People of
Scotland,
running about with the
Small Pox
upon them, without either Shoes or Stockings
; the Doctor seems here to intend a Reflection, but I choose to avoid all Reflections, either National or Domestick. I believe the People of
England
, as well as those of
Scotland
, for the most Part, neither wear
Shoes
nor
Stockings
in the
Small Pox
: As to their Costum or Ability of
running about
, they are much in the same Condition, as they are here; some have them favourably, some otherwise, and every one has Conveniencies and Helps according to their Circumstances.
As for the three Letters from
Boston
in
New England
, printed by Way of
Appendix
to the Doctor's, It might suffice to say, that they are only a severe, and perhaps a just In vective, against the Clergy and others, for meddling in this Branch of the Physicians Practice: Upon which Encroachment, some of the Faculty invoke the Vengeance of the Civil Magistrate; and threaten the Offenders, as
Poisoners
and
Spreaders of Infection
, with Prisons and Gibbet's: And if the Laws in being are somewhat deficient, modestly call, as some others have done, upon the Legislature for new Ones. This general Consideration is sufficient to invalidate the Credit of any Thing that is said by a Person so strongly interested: But so great is the Force of Truth, that it has extorted enough from this partial Complainant to justify the Practice, which he so bitterly inveighs against. For first he owns, that the whole Practice of
Inoculation
was manag'd by unskillful Persons; and that many
who dy'd or suffer'd much under
Inoculation,
if they had had better Management, might have had better Fate
. That the Practitioners neglected
as trivial both the Advantages of a suitable Season, and a wellprepared Body; That they
Inoculated
all Ages and Constitutions from the Beginning; That they
Inoculated
Women with Child, and Hysterical People
: And after all.
They practis'd it at first with indifferent good Success: That it had been practis'd, since the Middle of
June
to the Date of his Letter
, Dec. 20.
upon above two hundred Subjects with various Success
. He tells you in his second Let ter,
That they had at that Time the Experience of two or three Hundred
Inoculated: And after all this, in all his three Letters, he gives you only two Letters of the Name of one
Inoculated
Person who dy'd, Mrs.
D---l
. He says at Random,
that others dy'd of it, whom Time may bring to Light
. Were the Bodies of those
Inoculated
Persons hid under Dunghills? Had they not Christian Burial? It is wondrous strange, that in a Place, where the Practitioners in Physick and the Magistrates both were against
Inoculation
, he could not come at the Knowledge of a Mortal Case but one, the
Inoculated
Mrs.
D----l
, who is trump'd up upon all Occasions: He says,
many of the
Inoculated
suffer much
, Page 2. What then? A Person that has the
Small Pox
, even in the gentlest Sort, must suffer, And at last, Page 10, he ingenuously acknowledges,
That the
Small Pox (acquir'd by
Inoculation) is frequently more favourable than in the common Way, and not altogether so mortal.
Secondly,
That not one of the
Inoculated
during the Space of five or six Months has had the
Small Pox
in the natural Way, so far as we know
; that is, of about three hundred People
Inoculated
, some of which, no doubt, had only those Eruptions, which they will not allow to be the genuine
Small Pox
; In a Time, when the
whole Town and Country was an Hospital of People sick of the Distemper, and few Persons exempt from its Rage, for the Space of five or six Months
, not so much as one had the
Small Pox
, for
ought they knew
: I say, if such a Case had happen'd, it is not probable it could have been conceal'd; and that this Acknowledgment from one, who is so zealous an Enemy to the Practice, is a stronger Proof of the Efficacy of it, for the Purpose intended, than all the
Ifs
and
May-be's
of this or any other Letter-Writer.
It had been fair in this Gentleman to have given in the Numbers that dy'd of the natural Sort of
Small Pox
, during that Season; or to have stated the Case fairly between two or three Hundred sick of the natural Sort, and as many of the
Inoculated
Kind, both under the Care and Direction of unskillful and unexperienc'd People: And then, perhaps, as in the
Inoculated
Kind, he could instance, by Name, only One that dy'd; In the other Sort he would have been puzzled to find the Names of those who escap'd.
But to this he will say, that the
Inoculated Small Pox
propagated the Mortality of the natural Sort. There is a full Answer given to this Objection of spreading Infection before. I think it is hard to exclude Men from the Means of securing themselves from a great Pestilence, upon a meer Suggestion: The Influence of the natural
Small Pox
upon Mankind, in any Place, in a Circle of Years, may be affirm'd to be uniform with strong Probability; and if the Air of any Place, in a contagious
Season
, is such, as renders the Distemper very mortal, it is a strong Motive for People to take the Advantage of a good Season, and secure themselves in Time from a Plague, which is so likely to destroy them: And if Prudence only were to be consulted, it would perhaps be much more the Duty of the Legislature to order, than to forbid this Practice. And no Doubt, according to the Acknowledgment of the Enemies of this Practice, they would, by this Method, diminish the Mortality, and encrease the Number of their People; and the Magistrate is forc'd often upon more arbitrary Proceedings in any Pestilence: But as that would seem too great an Encroachment upon the natural Rights of Mankind, I should not approve of it. But on the other Hand, it would be a most Tyrannical Encroachment upon the same Rights, to debar Mankind from the lawful Means of securing themselves from the Fear and Danger of so terrible a Plague.
As for the particular Fætor, that, according to the Letter,
attends the Sores of the Inoculated
; it is much of a Piece with the Story of the
Kentish Long-Tayls
: It shews him to be an utter Stranger to the whole Practice; and makes one doubt, whether he ever saw a Case of
Inoculation
quite through. And the
Pointing at the
Inoculated
in the Streets
, is as great an Instance of Barbarity, as the other is of Ignorance.
There is a Letter in Town from the Revd. Mr.
Mather
at
Boston
of a later Date, which has several remarkable Passages in it.
The Distemper
(meaning the Small Pox)
has lately visited and ransacked the City of
Boston
; and in little more than half a Year, of about five thousand Persons, that have undergone it, near nine hundred have died.
But how many Lives might have been sav'd, if our unhappy Physicians had not poison'd and bewitch'd our People with a blind Rage, that has appear'd, very like a Satanick Possession, against the Method of Relief and Safety in the way of the
Small Pox
Inoculated? I prevail'd with one Physician (and for it, I have had bloody Attempts made upon my Life by some of our Energumens) to introduce the Practice; and the Experiment has been made upon almost three hundred Subjects in our Neighbourhood, young and old, from one Year to seventy; weak and strong, Male and Female, white and black; in Midsummer, in Autumn and Winter: And it succeeds to Admiration.
I cannot learn that any one has died of it, tho' the Experiment has been made under various and marvellous Disadvantages. Five or six have died upon it or after it; but from other Accidents.
He mentions afterward
that Cats had it; and takes notice of the same thing in Doctor
Leigh's
History of
Lancashire
;
and subjoins
,
That
it was generally complain'd that Pigeon-Houses of the City continu'd unfruitful; and the Pigeons did not lay or hatch, as they us'd to do, all the while that the
Small Pox
was in its Epidemical Progress: And it is very strongly affirmed, that our Dunghill Fowl felt much of the like upon them.
At last concludes;
with the great Benefit they have found by Blisters early apply'd and continu'd in the natural
Small Pox
, and is sorry it was so late before they fell into this Way; but it has constantly prosper'd: I know not, says he, that it has once miscarried since we came into it.
I refer the Reader to his Letter annex'd.
It appears by this Letter, that somewhat more than one out of five, and less than one out of six died of the Distemper. And likewise, by the Effects mention'd upon Animals, that the general Contagion was owing to a bad Disposition of the Air; and not chargeable upon
Inoculation
.
And lastly, notwithstanding the unfavourable Constitution of the Air, the
Inoculated
did well.
I doubt not but the impartial Reader is now satisfy'd that this Practice of
Inoculation
may be still beneficial to Mankind, notwithstanding any thing that the Doctor has adduc'd to the contrary, either by way of Argument or Fact. And that by the same zealous Partiality, it had been easy to have crush'd any, the most useful Practice in Medicine in the Beginning. It is pretty remarkable, that in a Neighbouring Nation, where Agues are the best Branch of the Physicians Practice, the Use of the Bark has been, and is still in a great Measure, suppress'd by Methods not much unlike what are us'd against
Inoculation
; and indeed every one of the Doctor's Arguments would have concluded more strongly against the Use of the
Cortex
, than against this Practice. I will suppose any Stickler against the Bark to have reason'd thus in the Doctor's Strain.
A Drug that has been only us'd among Slaves, an illiterate unthinking People, who have the Advantage of a warm Climate, and a Spare Dyet, is not fit to be immediately dispens'd to the
English,
whose Blood, speaking of it as National, is the Product of the Richest Dyet: Is it not plain by the Disease that it often leaves behind it, that it spoils the Constitution? Witness the Jaundice, Tumours of the Legs, and other Cachexies that are often subsequent upon it. Besides none but Empirics can give a Medicine of which they are not sure of the Dose; It is not plain that it will not answer the Design of preventing the Disease for the future? For notwithstanding the Use of this Drug, the Patient suffers many a Relapse. Be sides there are not only one or two, but innumerable Instances of People who have died after the Use of it; and others, who have had a diseased Constitution all the rest of their Lives. The Dispensers of this Medicine disagree widely among themselves, both as to the Manner of its Operation and the Dose; Some give it in Tincture; some in Substance; some in greater, some in lesser Quantities
, &c.
In fine, there are three Letters from a Friend in
New England,
which inform me that many who have taken the Bark have suffer'd very much; and Mrs.
D---l,
who had taken great Quantities of it, actually died
, &c.
Tho' I have not my self made Use of this Medicine, nor seen much of the Effects of it; I am well assur'd, that not a fourth part of the Diseases it pretends to cure, are Genuine Agues: Before I had seen the Practice of this Medicine, I affirmed, that
it
was impossible, it would cure an Ague; but I am willing to retract that Opinion, being convinc'd by an Experiment, that it does so sometimes
. It were easy to carry this Parallel reasoning thro' the whole Letter, not only with equal, but more Strength in most Places.
The Doctor, in appearing with so great Zeal against this Practice, is not the Representative of the whole Faculty. For there are many of them who from their Disinterestedness and Innate Love to Mankind, are willing, that an Experiment should go on, which, in Proportion to the Extensiveness of the Practice, must necessarily diminish the Mortality of the
Small Pox
in general: This is a candid, as well as decent Way of proceeding. At the same Time, I only blame the Author of the Letter, and those who take part with him, for their too early and strong Prejudices; being unwilling to Censure their Intentions, which I hope, are for the Good of Mankind, as well as my own.
But there is still a stronger
Dr.
Massey's
Sermon, Page 6.
Objection against this Practice;
That it is Unlawful, and first introduc'd by the Devil, who Ingrafted
Job
of the Confluent Sort of
Small Pox.
From useful Discoveries, there can always be drawn important Consequences.
First
, Hence learn we, that the
Small Pox
is an ancient Disease; for if it was convey'd to Job
by some such Way as
Inoculation, the Matter must have been taken from some Body Infected with the Distemper.
Secondly
, That
Sydenham
was not the first that began the
cool Regimen
; for
Job
sat down upon the Ashes in the open Air;
his Friends saw him afar off. Thirdly
, That his Friends were tardy, above three Weeks before they came to see him; for in the Genuine Confluent Kind of
Small Pox
, it will be that Time before they can be scraping with a Pot sherd.
Fourthly
, Beloved, this confluent Sort of
Small Pox
were more gentle, to be sure, than the common natural Ones; for he seems neither to have had Delirium, sore Throat, nor Shortness of Breath; he talk'd distinctly and good Sense.
Now here a Question ariseth, Whether an honest Man can do that which the Devil has done? I answer in the Affirmative; there are three things mention'd; of the Devil's Assembling himself (as in this Place) with the Sons of God; Believing, and Quoting of Scripture. All these Things a good Man may not only do, but is bound to do.
I readily agree with this Reverend Divine, that if
Inoculating
the
Small Pox
be an unlawful Action, it cannot be justify'd by the Good which may ensue from it; but that it is unlawful, must be prov'd, either by some natural or positive Law: That this Reverend Gentleman has brought no such Proof, either from natural or reveal'd Religion, will appear plain upon a very short Review of his Discourse.
Page 13.] He says he will attempt to prove,
That Diseases are utterly unlawful to be inflicted by any who profess themselves Christians
: He terms it very right; for it is an Attempt to Prove, and no more. By restraining the Prohibition to Christians, one would think, there was some positive Command in the Gospel against it; but he has brought none, which, by the most forc'd Construction, can prove
Inoculation
to be prohibited by the Christian Dispensation. I know of no Immorality that is forbid to a Christian, the Practice of which is allow'd to an Infidel. Indeed Morality is more clearly taught and more strongly enforc'd by Rewards and Punishments amongst us; but it does not change its Nature amongst the rest of Mankind. He does not wonder, that the Practice of
Inoculation
should obtain, where the Doctrine of Fatality is believ'd; but the Misfortune is, that the Matter of Fact is quite otherwise: For if he had carefully perus'd Dr.
Wagstaffe's
Discourse, which he so much commends , that would have inform'd him,
That no Body pretends to give us an Instance of an
Inoculated Turk. And why? Because their Belief of a Fatality makes them neglect very much the ordinary Helps of Medicine for perserving their Lifes.
Page 14.] The Instances which he gives of Almighty God's having given a miraculous Power to Mankind to inflict Diseases for their Punishment, does not prove, that He has not given them an ordinary one for their Benefit.
And his saying, [Pag.15]
That no Man was ever yet condemn'd to an immediate Sickness, for Want of sufficient Authority
; is, without any Proof. Diseases are External, and
Internal
; the Magistrate very often inflicts both: That Criminals are lawfully punish'd with the Mutilation of their Body, I suppose he will allow to be common. Is not that inflicting a Disease with a Witness? And are there not many Executions perform'd by Poison, which is inflicting an Internal mortal Disease? And here his own Argument turns upon him; for
if Diseases are sent for the Punishment of our Sins
, then it would seem to follow, that the Magistrate, who has a Power from God to punish our Crimes, has likewise a Power to inflict Diseases,
for Sins that are manifest to him and all the World
. The greater Power of inflicting Death, certainly includes the lesser in the Choice of the Means: If, for Example, there should be a Law made to punish the
Inoculators
with the
Inoculation
of some Disease, I fancy this Reverend Divine would not think it sinful or unreasonable.
Page 16.] He spends a long Paragraph, to prove what no Body ever deny'd; That a Man cannot lawfully do all that is in his Power to do: And another as evident, That the Means, as well as the Intention, must be lawful; but these are only general Propositions: The Subsumption, that inflicting Diseases for a good Purpose is unlawful, is only suppos'd, not prov'd.
Page 18.] He
doubts whether the Life of Man be a Good or not
. If the Life of Man is no Good, then, indeed, to act for the Preservation of it, is not to act for any good End; and consequently, not only this Pra ctice, but all others in Medicine, and many other charitable Actions, must be given up. The rest of the Argument of this Paragraph, is grounded upon the Insufficiency of this Method for the Purpose intended. The Doctor might have remember'd, from his Exposition of his Text,
Job
had the
Small Pox
by
Inoculation
from the Devil, even of a favourable Sort; that he recover'd of them, and never had them again. But in this he must forgive me, if I put him in Mind, that he is out of his Sphere; and that notwithstanding his Professions to the contrary, he lays aside the Divine, and takes upon him the Physician. The Question here is, Whether giving a Disease with a good Intention, be in it self an unlawful Action.
Page 20.] Another Argument is,
That a Law which forbids the Evil, forbids also every thing that has a Tendency to it; therefore all causeless and voluntary Mutilations are forbid
: And yet, notwithstanding this Law against Mutilation, more express than any against
Inoculation
, Surgeons cut off Peoples Limbs. Here the Intention hallows the Action, which is in itself expresly forbid; and which is more, I believe no Surgeon will affirm, that in all Cases, where Limbs are cut off, there is a direct Impossibility to save the Patient's Life otherwise; or that the Operation is always successful. A Surgeon who cuts a Person for the
Stone
, even if his Patient dies of the O peration, does not think he has committed a mortal Sin, in inflicting a mortal Disease; and yet the Patient perhaps might have liv'd many Years, and not dy'd of the Distemper at last. The Difference of the two Cases, the one being for Cure, the other for Prevention, does not change the State of the Question; which, in general Terms, is this, Whether Mankind have a Lawful Power of inflicting Diseases for good Purposes? A Person who has not had the
Small Pox
, may be very justly consider'd, as having the Seeds of a mortal Distemper within him; and the Dread of it is surely a Suffering, that will justify the Lawfulness of using Means, which have the greatest Probability of saving him from a Danger, which, for ought he knows, may be nearer and greater, than that of a Stone in the Bladder. Anxiety and Bodily Pain, don't differ so much, as to make an Action lawful in one Case, sinful in the other.
Page 21.] But it seems
it is a Tempting of Providence
. And there is no great Difference between the
Devil's Proposal to our Saviour, to cast himself down headlong, and that of
Inoculation
. It is wonderful, into what Absurdities, Zeal for an Opinion, will drive a Man, even to assert that there is no Difference between a Man's running into a Danger absolutely unnecessary, and from which nothing but a direct Miracle can save him; and a Venturing on a small Hazard to avoid a much greater. The Case put it as disadvantagiously as possible, more resembles that of a Person who leaps out of a Window for fear of Fire, and surely that can never be reckon'd a Mistrust of Providence, even if he did it before he was much in Danger; for no body can say that God Almighty may not save a Man from Fire in the ordinary Course of his Providence; And if a Person, who being prompted by his too early Fears had taken this Course, and lost his Life by the Fall; no body will arraign him of
Self-murder
: He might have done an imprudent, but not a sinful Action. The Parents who suffer their Children to converse with their infected Relations; which differs in no Moral Point from the Case of
Inoculation
, would think it very hard to be treated as Homicides or Murderers of their Children, when the very Action proceeds from, the contrary Principle, extreme Tenderness.
Pag. 22.] In the former Page, it was a presumptuous Trust; in this, it is an intire Mistrust of Providence. He is sure to have the
Inoculators
some way or other.
Pag. 23.] They cannot pray for a Blessing upon their Endeavours; because Prayer supposes the Use of lawful Means.
I believe the contrary is true, for as a Person, who is
Inoculated
, puts himself more immediately into the Hands of God, if he has any Sense of Religion, cannot avoid praying for a Blessing upon the Means, which, to be sure, he thinks lawful, and has not yet been prov'd to be otherwise.
Page 24.] His Argument to prove that
Inoculation
tends to promote Vice and
Immorality
is the most extraordinary of all. This it does, by taking off the Dread of the
Small Pox
, and consequently the Restraints of Sobriety that Mankind lie under upon that Account. This Reverend Gentleman has very justly found fault with one Maxim, to
do Evil that Good may come of it
: But he has establish'd one, just as dangerous in the room of it,
not to do Good least Evil come of it
. For if the Diminishing the Fear of Dying of Diseases catch'd by Irregularity, is an Evil, then an able Physician is a common Nuisance. We have reason to be thankful, that there are a sufficient Number left, who cannot be charg'd with being Encouragers of Vice and Immorality, upon this Score. This Principle in its full Extent would destroy all Works of Charity and Mercy; for the Hope of Forgiveness is an Encouragment to do Injuries; and the Hope of being reliev'd in Want is a Discouragement to Industry.
I am touch'd with the devout Reflections upon Providence, that are all along spread thro' his Sermon, to which I subscribe with all my Heart; but I cannot so much commend the Distorting those great and solemn Truths of our Holy Religion to mantain little Party Interests and fashionable Opinions. The Text that is quoted Pag. 22. that the very Hairs of our Head are numbred; I take to be a stronger Argument against Periwigs and Shaving; than all that the Sermon contains against
Inoculation
: Our Hair of our Beards were given us for an Ornament by Providence, and it is known, that many have catch'd great Colds with mortal Diseases ensuing upon them by Shaving. Is not a Man answerable for all the bad Effects that follow upon an unwarrantable Action that contradicts the very Intention of Providence?
The Peroration Page 29, is equal to any Piece of the whole Performance,
Let the Atheist and the Scoffer, the Heathen and the Unbeliever disclaim a Dependance upon Providence: Let them
Inoculate
and be
Inoculated
,
&c.
I think this clinches the whole Matter; and this Reverend Gentleman has furnish'd us with a new, sensible and religious Test, an Atheist or Infidel can be found out, as a Witch, by the Marks upon his Body: And that, as it has been intimated already, that the Devil was the first
Inoculator
; I think, it is not impossible that the next zealous Preacher upon this Subject may prove the Cicatrices of
Inoculation
to be the Mark of the Beast. Thus it appears, that the Doctors Position, of the Unlawfulness of inflicting Diseases for good Purposes, is groundless, and contrary to the common Usages of Mankind.
I have been oblig'd to be the more particular in answering this
Sermon
, because the Charge in it against the
Inoculators
, is heavier than that in the Letter, in as much as Immorality is a greater Fault than bad Practice in Physick.
From all that I have said, I will draw this one Conclusion; that there does not appear as yet any Objection of Weight enough to stop the Progress of the Practice of
Inoculation
. But if upon future Trials, it should be found that the Inconveniencies do overballance the Advantages of it; I shall then be as ready to condemn, as I am now to justify it.
Certificate
of the Honourable
Mr.
William Spencer's
DEATH
.
April
22, 1722.
UPON Examining the Body of the Honourable
William Spencer
, Son of the Right Honourable the late Earl of
Sunderland
; We found the
Small Pox
of a mix'd Sort, distinct in some Parts, and confluent in others; almost dry'd and scal'd throughout the Body: All the Inward Parts were in their natural State, and free from any Mark of the
Small Pox
. In the Right Ventricle of the
Heart
there were two
Polipus's
, whereof one was branch'd out into the
Arteria Pulmonalis
. In the Head, we found the Surface of the Brain full of Water; and the Substance of it flabby; the Ventricles of it being as full of Water as they could hold; The
Plexus Choroides
being white by soaking in that Water: The
Basis
of the
Brain
was also full of Water. In the
Longitudinal Sinus
, there was a long and pretty large
Polypus
; and likewise one in the
Lateral Sinus
. The
Cerebellum
was in its natural State.
Apr.
22. 1722.
Sign'd thus,
Claudius Amyand,
Apothecar,
Isaac Garnier,
Thomas Garnier,
John Reilliez,
John Dolignon.
N.B.
The Child seem'd to be in a fair Way on
Saturday
the 21
st
, 'till Two a-Clock in the Afternoon, when he was seiz'd with a Convulsion Fit, of which he dy'd in a Quarter of an Hour.
This is also Sign'd thus,
Claudius Amyand,
Apothecar
Isaac Garnier,
Thomas Garnier,
The
CASE
of Mr.
Degrave's
Daughter, in a
LETTER
to Mr.
Maitland
.
SIR,
I Find my Daughter's Case has made some Noise in Town; and has been misrepresented. It was thus: She was
Inoculated
the 23d of
Febr
. 1721-2; and as I saw her daily during the three Weeks that she was confin'd after the
Inoculation
, so I can affirm, no
Small Pox
ever appear'd upon her during that Time, but only Heats and Fushings, attended sometimes with Heaviness and Pain in her Head, and a little more Quickness of Pulse than usual, and oftentimes without any Disorder at all: None of those Heats and Flushings ever came to Perfection, or to any thing like the
Small Pox
, which gave my Daughter some Uneasiness; and the rather, that the other Persons, who had been
Inoculated
at the same Time, and in the same House with her, had a very fair distinct
Small Pox
, and yet had less Sickness than She: Nor did the Incisions in her Arms discharge so much and so long as theirs did; and therefore were compleatly heal'd in less than three Weeks Time, when the Sores of the other Persons were yet large and running. Thus all Expectation of her having the
Small Pox
by the
Inoculation
being over, she was purg'd once or twice, and then discharg'd from her Confinement, the 17th of
March
following: Nay, it was believ'd, she never would have that Distemper; for having been very much expos'd to the Infection, when she was but two Years of Age, and yet more when she was about Eight, without contracting it, this last Tryal being unsuccessful, seem'd to give a tolerable Ground for this Opinion. However my Daughter continu'd discompos'd, and out of Order, when she came Home; the Heats and Flushings abovemention'd still subsisting on her, though in a lesser Degree; her Stomach loathing Flesh-meats, and her Rest disturb'd with Dreams and Horrors. She had likewise two small Boils, one under her Arm, and another on her Side: But none of these Accidents were troublesome enough to hinder her Attendance on her accustom'd Business within and without the House: However these continuing for about two Months after she came Home, she was purg'd once or twice, in order to remove them; but still they subsisted upon her, not to any Degree, 'till the
Small Pox
broke out upon her, which happen'd in this Manner: Three Days before, she had heated herself extraordinarily; the first, by going to the
Camp
and back a gain, on Foot, in a very warm Day; the second, by walking heartly to the
CharterHouse
, to see her Brother, and returning Home; and the third Day in going and sitting at the
Play-House
in
Lincolns-InnFields
: As she sat at this last Place, the
Small Pox
broke out upon her: at least, I never perceiv'd it upon her, 'till her Return; at which my Daughter was surpriz'd, she having had no Illness whatever, that could hinder her Pleasure at the Play, and her walking Home; or any such precursory Warnings of that Distemper, which I hear have been divulg'd Abroad. As soon as the
Small Pox
had appear'd, she recover'd her Stomach for those Flesh-meats she had loath'd before; and came to that natural compos'd Sleep, of which she had been depriv'd since the
Inoculation
; And she having gone through the most favourable Periods of that Distemper, she got well in Eight Days from That I perceiv'd the first Eruption; so that I must conclude, from the Symptoms which my Daughter was by Times afflicted with, during Eleven Weeks after she had been
Inoculated
, that it appears evident to me, the Small Pox she had then, was the Effect of the
Inoculation
, although it has shew'd itself much later than is usual, after that Operation. As to the
Itch
, that appear'd upon her about the same Time with the
Small Pox
: I can only account for it thus; She had been Infected by her Brother, about three Months before she was
Inoculated
, and I
thought
her cur'd of it by the same Means that were Efficacious for the Cure of her Brother. It is certain that when she was, there was no Appearance subsisting of that Distemper, nor any Shew of it, 'till that Time the
Small Pox
appear'd upon her. However, she is perfectly cur'd of the
Itch
, by the same Means that were us'd at first: And I thank God, my Daughter is at present well, if not better, in every Respect, than ever she was in her Life.
I am
, SIR,
Your most humble Servant
,
Isaac Degrave
.
August
23, 1722.
A Letter from Dr.
Nettleton
,
at
Halifax
in
Yorkshire,
to Dr.
Jurin
, R. S. Secr.
SIR,
IN Answer to what you require from me, as to what has been farther done, I have only to add, that since I writ to Dr.
Whitaker
, I have made the
Insition
upon about fifteen Persons, who have all had the Distemper very favourably, and got thro' it with a great deal of Ease. As nothing uncommon or extraordinary did happen in any of these Cases, it will not be necessary to trouble you with a particular Account of any of them: They were most of them at some Distance; the
Small Pox
being, in a great Measure, gone from this Town and Neighbourhood.
I am very sensible of the Favour done me by the Royal Society, who were pleased to take Notice of my Letter to Dr.
Whitaker
, which you had nothing to move you to, besides a generous Disposition to encourage the smallest Attempts towards any thing, that may tend to publick Advantage. I must own that all the Information I had concerning this Affair, which I have happen'd to be engaged in, was entirely from the
Philosophical Transactions
. 'Tis now about six Years since the Royal Society did communicate to the World some Letters from two very considerable Physicians residing in
Turky
, whose good Sense or Integrity we had no reason to call in question; these Gentlemen did solemnly assure us, that the Method of
Inoculation
had been for many Years practis'd in those Parts of the World, with almost constant Success. I had, as well as all others who have been engaged in the Practice, with sufficient Sorrow and Concern, been called to many in the
Small Pox
, whose Cases were so deplorable, as to admit of no Relief. And therefore I could not but be very thoughtful about this Method, which promised to carry Persons thro' that cruel Distemper, with so much Ease and Safety. I was so far from knowing that it was a Crime, that I always thought it the Duty of our Profession, to do what we could to preserve the Lives of those who commit themselves to our Care. And I know no Reason, why we ought not, with all humble Thankfulness to Almighty God, to make Use of any Means, which his good Providence shall bring to Light conducing to that End. This matter, tho' of so great Importance, lying dormant so long after it was known, is, I presume a sufficient Proof, that none have been very forward to try Experiments. But when we had the Account in the publick Papers, that it had by their
RoyalHighness's
Command been done with Success at
London
; I could not be satisfy'd without trying it here. I was soon convinced, that it would be of very great Use; and the more Experience I have had of it since, the more I am confirm'd in the same Opinion. I believe all others, who have seen any thing of this Practice, are in the same Sentiment, and there is no doubt, but in a few Years the World will acknowledge the Service, which the Royal Society have done to Mankind, in first revealing to this Part of
Europe
, a Thing so beneficial as it will certainly prove; for tho' some few unfortunate Accidents may sometimes happen, yet these will be very rare in comparison of the many sad and disastrous Events, which this Distemper has been, and ever will be very fruitful of, while it is left to rage in its full Force and Violence.
Sir
, I doubt not but when you have collected a sufficient number of Observations for it, you will be able to demonstrate, that the Hazard in this Method is very inconsiderable, in proportion to that in the ordinary way by accidental Contagion, so small, that it ought not to deter any body from making use of it. In order to satisfy my self, what Proportion the Number of those that die of the
Small Pox
, might bear to the whole Number that is seized with the Distemper; in the Natural way, I have made some Enquiry hereabouts, and I shall take the Freedom to transmit the Accounts to you, because I believe you may depend upon their being taken with sufficient Care and Impartiality. In
Halifax
since the Beginning of last Winter, 276 have had the
Small Pox
, and out of that Number 43 have died. In
Rochdale
, a small Neighbouring Market Town, 177 have had the Distemper, and 38 have died. In
Leeds
, 792 have had the
Small Pox
, and 189 have died. It is to be noted, that in this Town, the
Small Pox
have been more favourable this Season than usual, and in
Leeds
they have been more than usually mortal; but upon a
Medium
in these three Towns, there have died nearly 22 out of every hundred, which is above a
fifth Part
, of all that have been infected in the natural way. I have in these Accounts confin'd my self to the Limits of the Towns. The Numbers that have had the
Small Pox
in the Country round about, is vastly greater; but the Proportion of those that die is much the same. I have made the Enquiry in several Country Villages hereabouts, in some I found the Proportion to be greater, in others less, but in the main it is nearly the same.
I am
, &c.
Thomas Nettleton
.
Halifax
,
June 16. 1722.
Mr.
Mathers
Letter from
Boston in New England
.
March
10th 1721/2.
SIR,
SO considerable a Part of Mankind fearfully perishing by the
Small Pox
; and many more of us grievously suffering by that miserable Distemper, you will allow me to entertain you with a few more Communications, and writ (I think it's) a fourth Letter upon it.
The
Distemper
has lately visited and ransack'd the City of
Boston
; and in little more than half a Year, of more then five thousand Persons that have undergone it, near nine hundred have died. But how many Lives might have been saved, if our unhappy
Physicians
, had not
poison'd and bewitch'd
our People with a
blind Rage
, that has appear'd very like a
Satanick Possession
, against the Method of Relief and Safety in the way of the
Small Pox
Inoculated.
I prevail'd with one Physician, (and for it I have had bloody Attempts made upon
my Life
by some of our
Energumens
) to introduce the Practice; and the Experiment has been made upon almost three hundred Objects in our Neighbourhood, Young and Old; (from one Year to Seventy) weak and strong; Male and Female, White and Black; in Midsummer, in Autumn, in Winter, and it succeeds to Admiration.
I cannot learn that any one has died of it; tho' the Experiment has been made under various and marvellous Disadvantages. Five or six have died upon it, or after it, but from other Diseases or Accidents; chiefly from having taken the Infection in the common way, by Inspiration, before it could be given them in this way of
Transplantation
. However at present I need say no more of this, having already given ou some Report of our Proceedings in it.
To them who are under the
Inoculation
of the
Small Pox
, we commonly give a
Vomit
, in the time of their
Decumbiture
, a Day or two before the expected Eruption. One of our Patients not vomiting so freely as he would have done, thrust a Finger or two into his Throat, which fetch'd up, what was to be discharg'd from his uneasy Stomach; He had but a few of the
Small Pox
, and the Pustules were sufficiently of the
distinct Sort
, as it uses to be where they have the
Small Pox Inoculated
; but the Fingers that had been thus employ'd, prov'd as full as they could hold, of the
confluent Sort
, which he now thought his whole Body would have been, if we had not in this Way prevented it.
Doctor
Leigh
in his
Natural History
of
Lancashire
, counts it an Occurrence worth relating, that there were some Catts known to catch the
Small Pox
; and pass regularly thro' the State of it, and then to die. We have had among us the very same Occurrence.
It was generally observ'd and complain'd, that the
Pigeon-Houses
of the City continu'd unfruitful, and the
Pigeons
did not
hatch
or
lay
as they used to do, all the while that the
Small Pox
was in its Epidemical Progress: And it is very strongly affirm'd that our Dunghil Fowl felt much of the like Effect upon them.
We have so many among us, who have been visited with the
Plague
in other Countries many Years ago, and who have never been arrested with the
Small Pox
after it, tho' they have been exposed as much as any other People to it; that it now begins to obtain a Belief with us, that they who have had the
Plague
, will never have the
Small Pox
after it.
I will add but one Thing more. For Succour under the
Small Pox
, where Life is in Danger, after all the Methods and Medicines, that our
Sydenham
and others rely upon; I can assure you, we have yet found nothing so sure as this; Procure for the Patient, as early as may be, by
Epispastiks
a plentiful Discharge at the
Hand-writs
, or Ancles, or both, (I say as early as
may
be) and keep them running till the Danger is over. When the Venom of the
Small Pox
, makes an evident or violent Invasion on the Nobler Parts this Discharge
does wonderfully
. I am sorry it was so late before we fell into this Way; but it has
constantly prosper'd
: I know not that it has once miscarried, since we came into it.
March
10. 1721-22.
My Lord
B---st's
Servants Case, by one that constantly attended him.
MY Lord
B----st's
Six Children were
Inoculated
the 18
th April
: Five of them had got thro' the
Small Pox
before the 30
th
, when his Servant was
Inoculated
. He came from
Cirencester
to My Lord's House in
London
about the Time that his Children had the
Small Pox
on them, with an Intent to be Inoculated; but Matter could not be found so soon as desired, and the Fellow in the mean time liv'd among the Servants that attended on My Lord's Children: Whether he had contracted any Infection by that Commerce is not determin'd; or whether the Disorder he had on him three or four Days before he was Inoculated, may be ascribed to that, as some have thought, or to a Change of Dyet and Air, or only to a Cold caught; 'tis most certain he complain'd then of Pain in his Head and Bones; and was feverish. Doctor
Mead
was consulted, and order'd him to be blooded, vomited, and other Medicines for his Relief; and that the Inoculation should be Postpon'd till after his Recovery: For this End he was remov'd out of My Lord's House to a Nurse, who takes People in for the
Small Pox
. He got well of his Complaints the 28
th April
; and 'twas thought proper to Inoculate him the 30
th Ditto
. He kept well till the
5th May
, and then had no other Disorder on him than what is usual before the Eruption of the
Small Pox
after Inoculation. On the 6
th
the Eruptions were plain of the Distinct large Kind, and he was relieved on that Account; but at Night his Complaints returned on him, and were rather more severe than they had been, he having then a kind of
Dilirium
, frequent Vomitings and Stools; These continuing the 7
th
, Doctor
Arbothnot
was call'd to his Assistance. Doctor
Mead
saw him also the next Day. They prescrib'd several things, which had the desir'd Success; but at this Time his Body was cover'd with
Small Pox
, and most of it of the confluent Sort. He continu'd in a tolerable good Way till the 11
th
of
May
, when his Fever was sharper on him, with a
Dilirium
and Difficulty of Breathing. He was then blooded and blisterd, but without any Effect. He died the 12
th
, and was open'd the 13
th
. Then upon Inspecting the Outside of his Body, the Face and Limbs were found as full of
Small Pox
as they could hold; as were also two Places in his Breast and Shoulders; they all appearing of the Confluent Sort. Nothing Material was observ'd in the Dissection of his Body, saving that the Lungs were Inflamed and mortified; and that in the Cavaties of the Thorax there was a pretty large Quantity of bloody Matter extravasated.
I Here think fit to declare, that whatever
Pamphlets, Advertisements
, or
Queries
are, or shall hereafter be publish'd in
News Papers
or otherwise, as some have lately been, with unknown or fictitious Names of Persons Inoculated; and false in Fact, maliciously intended to Discredit this Practice, and impose upon the Publick; I will not take any Notice of them, except the Author will own his Name, and bring sufficient Vouchers for what he advances.
FINIS.
ERRATA.
A DEFENCE OF Free-Thinking IN
MATHEMATICS
.
In Answer To a Pamphlet of
Philalethes Cantabrigiensis
, intituled,
Geometry no Friend to Infidelity, or a Defence of Sir
Isaac Newton
,
and the
British
Mathematicians
. Also an Appendix concerning Mr.
Walton's
Vindication of the Principles of Fluxions against the Objections contained in the
Analyst
. WHEREIN It is attempted to put this Controversy in such a Light as that every Reader may be able to judge thereof.
By the Author of
The Minute Philosopher
.
Veritas odium parit.
Ter.
Epei de ho Mathēmatikos chrētai tois Koinois idiōs, kai tas toutōn archas an eiē theōrēsai tēs Prōtēs philosophias.
Aristot. Metaph. I. xiij.
LONDON
: Printed for J.
Tonson
. MDCCXXXV.
A DEFENCE OF
FREE-THINKING
IN
Mathematics
;
&c.
I.
WHEN I read your Defence of the
British
Mathematicians, I could not, Sir, but admire your Courage in asserting with such undoubting Assurance things so easily disproved. This to me seemed unaccountable, till I reflected on what you say (
p.
32.) when upon my having appealed to every thinking Reader, whether it be possible to frame any clear Conception of Fluxions, you express yourself in the following manner,
"Pray, Sir, who are those thinking Readers you ap peal to? Are they Geometricians, or Persons wholly ignorant of Geometry? If the former, I leave it to them: If the latter, I ask how well are they qualified to judge of the Method of Fluxions"?
It must be acknowledged you seem by this Dilemma secure in the favour of one Part of your Readers, and the ignorance of the other. I am nevertheless persuaded there are fair and candid Men among the Mathematicians. And for those who are not Mathematicians, I shall endeavour so to unveil this Mystery, and put the Controversy between us in such a Light, as that every Reader of ordinary Sense and Reflection may be a competent Judge thereof.
II.
"YOU express an extreme Surprize and Concern, that I should take so much Pains to depreciate one of the noblest Sciences, to disparage and traduce a Set of learned Men, whose Labours so greatly conduce to the Honour of this Island, (
p.
5.) to lessen the Reputation and Authority of Sir
Isaac Newton
and his Followers, by shewing that they are not such Masters of Reason as they are generally presumed to be; and to depreciate the Science they profess, by demonstrating to the World, that it is not of that Clearness and Certainty as is commonly imagined. All which, you insist, appears very strange to you and the rest of that famous University, who plainly see of how great Use Mathematical Learning is to Mankind." Hence you take occasion to declaim on the Usefulness of Mathematics in the several Branches, and then to redouble your Surprize and Amazement (
p.
19. and 20.). To all which Declamation I reply, that it is quite beside the Purpose. For I allow, and always have allowed, its full claim of Merit to whatever is useful and true in the Mathematics: But that which is not so, the less it employs Men's time and thoughts, the better. And after all you have said or can say, I believe the unprejudiced Reader will think with me, that things obscure are not therefore sacred; and that it is no more a Crime to canvass and detect unsound Principles or false Reasonings in Mathematics, than in any other Part of Learning.
III.
YOU are, it seems, much at a loss to understand the Usefulness or Tendency or Prudence of my Attempt. I thought I had sufficiently explained this in the
Analyst
. But for your further Satisfaction shall here tell you, it is very well known, that several Persons who deride Faith and Mysteries in Religion, admit the Doctrine of Fluxions for true and certain. Now if it be shewn that Fluxions are really most incomprehensible Mysteries, and that those, who believe them to be clear and scientific, do entertain an implicite Faith in the Author of that Method; will not this furnish a fair
Argumentum ad Hominem
against Men, who reject that very thing in Religion which they admit in human Learning? And is it not a proper Way to abate the Pride, and discredit the Pretensions of those, who insist upon clear Ideas in Points of Faith, if it be shewn that they do without them even in Science?
IV.
AS to my timeing this Charge; why now and not before, since I had published Hints thereof many Years ago? Surely I am obliged to give no Account of this: If what hath been said in the Analyst be not sufficient; suppose that I had not Leisure, or that I did not think it expedient, or that I had no Mind to it. When a Man thinks fit to publish any Thing, either in Mathematics, or in any other Part of Learning; what avails it, or indeed what Right hath any one to ask, why at this or that Time; in this or that Manner; upon this or that Motive? Let the Reader judge, if it suffice not, that what I publish is true, and that I have a Right to publish such Truths, when and how I please, in a free Country.
V.
I DO not say, that Mathematicians, as such, are Infidels; or that Geometry is a Friend to Infidelity; which you untruly insinuate, as you do many other Things; whence you raise Topics for invective: But I say there are certain Mathematicians, who are known to be so; and that there are others, who are not Mathematicians, who are influenced by a Regard for their Authority. Some, perhaps, who live in the University, may not be apprised of this; but the intelligent and observing Reader, who lives in the World, and is acquainted with the Humour of the Times, and the Characters of Men, is well aware, there are too many that deride Mysteries, and yet admire Fluxions; who yield that Faith to a mere Mortal, which they deny to
Jesus Christ
, whose Religion they make it their Study and Business to discredit. The owning this is not to own, that Men who reason well, are Enemies to Religion, as you would represent it: On the contrary, I endeavour to shew, that such Men are defective in Point of Reason and Judgment, and that they do the very Thing they would seem to despise.
VI.
THERE are, I make no doubt, among the Mathematicians many sincere Believers in
Jesus Christ
; I know several such my self; but I addressed my Analyst to an Infidel; and on very good Grounds, I supposed that besides him, there were other Deriders of Faith, who had nevertheless a profound Veneration for Fluxions; and I was willing to set forth the Inconsistence of such Men. If there be no such Thing as Infidels, who pretend to Knowledge in the modern Analysis, I own my self misinformed, and shall gladly be found in a Mistake; but even in that Case, my Remarks upon Fluxions are not the less true; nor will it follow, that I have no Right to examine them on the Foot of humane Science, even though Religion were quite unconcerned, and though I had no End to serve but Truth. But you are very angry (
P.
13
and
14.) that I should enter the Lists with reasoning Infidels, and attack them upon their Pretensions to Science: And hence you take Occasion to shew your Spleen against the Clergy. I will not take upon me to say, that I know you to be a Minute Philosopher your self: But I know, the Minute Philosophers make just such Compliments as you do to our Church, and are just as angry, as you can be, at any who undertake to defend Religion by Reason. If we resolve all into Faith, they laugh at us and our Faith: And if we attempt to Reason, they are angry at us: They pretend we go out of our Province, and they recommend to us a blind implicite Faith. Such is the Inconsistence of our Adversaries. But it is to be hoped, there will never be wanting Men to deal with them at their own Weapons; and to shew, they are by no Means those Masters of Reason, which they would fain pass for.
VII.
I DO not say, as you would represent me, that we have no better Reason for our Religion, than you have for Fluxions: But I say, that an Infidel, who believes the Doctrine of Fluxions, acts a very inconsistent Part, in pretending to reject the Christian Religion, because he cannot believe what he doth not comprehend; or because he cannot assent without Evidence; or because he cannot submit his Faith to Authority. Whether there are such Infidels, I submit to the Judgment of the Reader. For my own Part I make no Doubt of it, having seen some shrewd Signs thereof my self, and having been very credibly informed thereof by others. Nor doth this Charge seem the less credible, for your being so sensibly touched, and denying it with so much Passion. You, indeed, do not stick to affirm, that the persons, who informed me are
a pack of base, profligate, and impudent liars
, (
P.
27.) How far the Reader will think fit to adopt your passions, I cannot say; but I can truly say, the late celebrated Mr.
Addison
is one of the persons, whom you are pleased to characterize in those modest and mannerly terms. He assured me that the Infidelity of a certain noted Mathematician, still living, was one principal reason assigned by a witty man of those times for his being an Infidel. Not, that I imagine Geometry disposeth Men to Infidelity; but that from other causes, such as Presumption, Ignorance, or Vanity, like other Men, Geometricians also become Infidels, and that the supposed light and evidence of their Science gains credit to their Infidelity.
VIII.
"YOU reproach me with Calumny, detraction and artifice (
P.
15.) You recommend such means as are innocent and just, rather than the criminal method of lessening or detracting from my opponents (
ibid
.) You accuse me of the
Odium Theologicum
, the intemperate Zeal of Divines, that I do
stare super vias antiquas
," (
P.
13) with much more to the same effect. For all which charge I depend on the reader's candour, that he will not take your word, but read and judge for himself. In which case he will be able to discern (though he should be no Mathematician) how passionate and unjust your reproaches are, and how possible it is for a Man to cry out against Calumny and practise it in the same breath. Considering how impatient all Mankind are when their prejudices are looked into, I do not wonder to see you rail and rage at the rate you do. But if your own Imagination be strongly shocked and moved, you cannot therefore conclude, that a sincere endeavour to free a science, so useful and ornamental to Humane Life, from those subtilties, obscurities, and paradoxes, which render it inaccessible to most Men, will be thought a criminal undertaking by such as are in their right Mind. Much less can you hope that an illustrious seminary of Learned Men, which hath produced so many free-spirited inquirers after Truth, will at once enter into your passions, and degenerate into a nest of Bigots.
IX.
I OBSERVE upon the Inconsistency of certain Infidel Analysts. I remark some defects in the principles of the modern Analysis. I take the liberty decently to dissent from Sir
Isaac Newton
. I propose some helps to abridge the trouble of Mathematical Studies, and render them more useful. What is there in all this, that should make you declaim on the usefulness of practical Mathematics? that should move you to cry out
Spain, Inquisition,
Odium Theologicum
? By what figure of Speech, do you extend, what is said of the modern Analysis, to Mathematics in general, or what is said of Mathematical Infidels to all Mathematicians, or the confuting an errour in Science to burning or hanging the Authors? But it is nothing new or strange, that Men should choose to indulge their passions, rather than quit their opinions how absurd soever. Hence the frightful visions and tragical uproars of Bigotted Men, be the Subject of their Bigotry what it will. A very remarkable instance of this you give (
P.
27.) where, upon my having said that a deference to certain Mathematical Infidels, as I was credibly informed, had been one motive to Infidelity, you ask with no small emotion,
"For God's sake are we in
England
or in
Spain
? Is this the language of a Familiar who is whispering an Inquisitor,
&c.
"
And, the page before, you exclaim in the following Words;
"Let us burn or hang up all the Mathematicians in
Great Britain
, or halloo the mob upon them to tear them to pieces every Mother's Son of them,
Tros Rutulusve fuat
, Laymen or Clergymen,
&c.
Let us dig up the bodies of Dr.
Barrow
and Sir
Isaac Newton
, and burn them under the Gallows.
X.
THE Reader need not be a Mathematician, to see how vain all this Tragedy of yours is. And if he be as thoroughly satisfied as I am, that the cause of Fluxions cannot be defended by reason, he will be as little surprised as I am, to see you betake your self to the arts of all bigotted men, raising terror, and calling in the passions to your assistance. Whether those Rhetorical flourishes about the Inquisition and the Gallows are not quite ridiculous, I leave to be determined by the Reader. Who will also judge (though he should not be skilled in Geometry) whether I have given the least grounds for this and a World of such like declamation? and whether I have not constantly treated those celebrated Writers, with all proper respect, though I take the liberty in certain points to differ from them?
XI.
AS I heartily abhor an Inquisition in Faith, so I think you have no right to erect one in Science. At the time of writing your defence, you seem to have been overcome with Passion: But now you may be supposed cool, I desire you to reflect whether it be not wrote in the true spirit of an Inquisitor? Whether this becomes a Person so exceeding delicate himself upon that Point? And whether your Brethren the
Analysts
will think themselves honoured or obliged by you, for having defended their Doctrine, in the same manner as any declaiming Bigot would defend Transubstantiation? The same false colours, the same intemperate Sallies, and the same Indignation against common Sense!
XII.
IN a matter of mere Science, where authority hath nothing to do, you constantly endeavour to overbear me with authorities, and load me with envy. If I see a Sophism in the writings of a great Author, and, in compliment to his understanding, suspect he could hardly be quite satisfy'd with his own demonstration: This sets you on declaiming for several pages. It is pompously set forth, as a criminal method of detracting from great men, as a concerted project to lessen their reputation, as making them pass for impostors. If I publish my free thoughts, which I have as much right to publish as any other man, it is imputed to rash ness and vanity and the love of opposition. Though perhaps my late publication, of what had been hinted twenty five years ago, may acquit me of this charge in the eyes of an impartial Reader. But when I consider the perplexities that beset a man, who undertakes to defend the doctrine of Fluxions, I can easily forgive your anger.
XIII.
TWO sorts of learned men there are; one, who candidly seek Truth by rational means. These are never averse to have their principles looked into, and examined by the test of Reason. Another sort there is, who learn by
route
a set of principles and a way of thinking which happen to be in vogue. These betray themselves by their anger and surprise, whenever their principles are freely canvassed. But you must not expect, that your Reader will make himself a party to your passions or your prejudices. I freely own that Sir
Isaac Newton
hath shew'd himself an extraordinary Mathematician, a profound Naturalist, a Person of the greatest Abilities and Erudition. Thus far I can readily go, but I cannot go the lengths that you do. I shall never say of him as you do,
Vestigia pronus adoro
, (
p.
70.) This same adoration that you pay to him, I will pay only to Truth.
XIV.
YOU may, indeed, your self be an Idolator of whom you please: But then you have no right to insult and exclaim at other men, because they do not adore your Idol. Great as Sir
Isaac Newton
was, I think he hath, on more occasions than one, shew'd himself not to be infallible. Particularly, his demonstration of the Doctrine of Fluxions I take to be defective, and I cannot help thinking that he was not quite pleased with it himself. And yet this doth not hinder but the method may be useful, considered as an art of Invention. You, who are a Mathematician, must acknowledge, there have been divers such methods admitted in Mathematics, which are not demonstrative. Such, for instance, are the Inductions of Doctor
Wallis
in his Arithmetic of Infinites, and such, what
Harriot
and, after him,
Descartes
have wrote concerning the roots of affected Æquations. It will not, nevertheless, thence follow that those methods are useless; but only, that they are not to be allowed of as Premisses in a strict Demonstration.
XV.
NO great Name upon earth shall ever make me accept things obscure for clear, or Sophisms for Demonstrations. Nor may you ever hope to deter me from freely speaking what I freely think, by those arguments
ab invidia
which at every turn you employ against me. You represent your self (
P.
52.) as a man,
whose highest Ambition is in the lowest degree to imitate Sir
Isaac Newton.
. It might, perhaps, have suited better with your appellation of
Philalethes
, and been altogether as laudable, if your highest ambition had been to discover Truth. Very consistently with the character you give of your self, you speak of it as a sort of crime (
P.
70.) to think it possible, you should ever
see further, or go beyond Sir
Isaac Newton. And I am persuaded you speak the Sentiments of many more besides your self. But there are others who are not afraid to sift the Principles of human Science, who think it no honour to imitate the greatest man in his Defects, who even think it no crime to desire to know, not only beyond Sir
Isaac Newton
, but beyond all Mankind. And whoever thinks otherwise, I appeal to the Reader, whether he can properly be called a Philosopher.
XVI.
BECAUSE I am not guilty of your mean Idolatry, you inveigh against me as a person conceited of my own Abilities; not considering that a person of less Abilities may know more on a certain point than one of greater; not considering that a purblind eye, in a close and narrow view, may discern more of a thing, than a much better eye in a more extensive prospect; not considering that this is to fix a
ne plus ultra
, to put a stop to all future inquiries; Lastly, not considering that this is in fact, so much as in you lies, converting the Republick of Letters into an absolute Monarchy, that it is even introducing a kind of Philosophic Popery among a free People.
XVII.
I HAVE said (and I venture still to say) that a Fluxion is incomprehensible: That second, third, and fourth Fluxions are yet more incomprehensible: That it is not possible to conceive a simple Infinitesimal, that it is yet less possible to conceive an Infinitesimal of an Infinitesimal, and so onward.
Analyst
, Sect. 4. 5,6,
&c.
What have you to say in answer to this? Do you attempt to clear up the notion of a Fluxion or a Difference? Nothing like it; "you only assure me (upon your bare word) from your own experience, and that of several others whom you could name, that the Doctrine of Fluxions may be clearly conceived and distinctly comprehended; and that if I am puzzled about it and do not understand it, yet others do". But can you think, Sir, I shall take your word when I refuse to take your Master's?
XVIII.
UPON this point every Reader of common sense may judge as well as the most profound Mathematician. The simple apprehension of a thing defined is not made more perfect by any subsequent progress in Mathematics. What any man evidently knows, he knows as well as you or Sir
Isaac Newton
. And every one can know whether the object of this method be (as you would have us think) clearly conceivable. To judge of this, no depth of Science is requisite, but only a bare attention to what passes in his own mind. And the same is to be understood of all definitions in all Sciences whatsoever. In none of which can be supposed, that a man of Sense and Spirit will take any definition or principle upon trust, without sifting it to the bottom, and trying how far he can or he cannot conceive it. This is the course I have taken and shall take, however you and your Brethren may declaim against it, and place it in the most invidious Light.
XIX.
IT is usual with you to admonish me to look over a second time, to consult, examine, weigh the words of Sir
Isaac
. In answer to which I will venture to say, that I have taken as much pains as (I sincerely believe) any man living, to understand that great Author, and to make sense of his principles. No industry nor caution nor attention, I assure you, have been wanting on my part. So that, if I do not understand him, it is not my fault but my misfortune. Upon other subjects you are pleased to compliment me with depth of thought and uncommon abilities, (
P.
5. and 84.) But I freely own, I have no pretence to those things. The only advantage I pretend to, is that I have always thought and judged for my self. And, as I never had a master in Mathematics, so I fairly followed the dictates of my own mind in examining, and censuring the authors I read upon that subject, with the same freedom that I used upon any other; taking nothing upon trust, and believing that no writer was infallible. And a man of moderate parts, who takes this painful course in studying the principles of any Science, may be supposed to walk more surely than those of greater abilities, who set out with more speed and less care.
XX.
WHAT I insist on is, that the idea of a Fluxion, simply considered, is not at all improved or amended by any progress, though ever so great, in the Analysis: neither are the demonstrations of the general rules of that method at all cleared up by applying them. The reason of which is, because in operating or calculating, men do not return to contemplate the original principles of the method, which they constantly presuppose, but are employed in working, by notes and symbols, denoting the Fluxions supposed to have been at first explained, and according to rules supposed to have been at first demonstrated. This I say to encourage those, who are not far gone in these Studies, to use intrepidly their own judgment, without a blind or a mean deference to the best of Mathematicians, who are no more qualify'd than they are, to judge of the simple apprehension, or the evidence of what is delivered in the first elements of the method; men by further and frequent use or exercise becoming only more accustomed to the symbols and rules, which doth not make either the foregoing notions more clear, or the foregoing proofs more perfect. Every Reader of common sense, that will but use his faculties, knows as well as the most profound Analyst what idea he frames or can frame of Velocity without motion, or of motion without extension, of magnitude which is neither finite nor infinite, or of a quantity having no magnitude which is yet divisible, of a figure where there is no space, of pro portion between nothings, or of a real product from nothing multiplied by something. He need not be far gone in Geometry to know, that obscure principles are not to be admitted in Demonstration: That if a man destroys his own Hypothesis, he at the same time destroys what was built upon it: That error in the premises, not rectified, must produce error in the conclusion.
XXI.
IN my opinion the greatest men have their Prejudices. Men learn the elements of Science from others: And every learner hath a deference more or less to authority, especially the young learners, few of that kind caring to dwell long upon principles, but inclining rather to take them upon trust: And things early admitted by repetition become familiar: And this familiarity at length passeth for Evidence. Now to me it seems, there are certain points tacitly admitted by Mathematicians, which are neither evident nor true. And such points or principles ever mixing with their reasoning do lead them into paradoxes and perplexities. If the great author of the fluxionary method was early imbued with such notions, it would only shew he was a man. And if by virtue of some latent error in his principles a man be drawn into fallacious reasonings, it is nothing strange that he should take them for true: And, nevertheless, if, when urged by perplexities and uncouth consequences, and driven to arts and shifts, he should entertain some doubt thereof, it is no more than, one may naturally suppose, might befall a great genius grappling with an insuperable difficulty: Which is the light in which I have placed Sir
Isaac Newton
Analyst
, Sect. xviij
. Hereupon you are pleased to remark, that I represent the great author not only as a weak but an ill man, as a Deceiver and an Impostor. The Reader will judge how justly.
XXII.
AS to the rest of your colourings and glosses, your reproaches and insults and outcries, I shall pass them over, only desiring the Reader not to take your word, but read what I have written, and he will want no other answer. It hath been often observed that the worst cause produceth the greatest clamour, and indeed you are so clamorous throughout your defence that the Reader, although he should be no Mathematician, provided he understands common sense and hath observed the ways of men, will be apt to suspect you are in the wrong. It should seem, therefore, that your Brethren the Analysts are but little obliged to you, for this new method of declaiming in Mathematics. Whether they are more obliged by your Reasoning I shall now examine.
XXIII.
YOU ask me (
p.
32.) where I find Sir
Isaac Newton
using such expressions as the Velocities of Velocities, the second, third, and fourth Velocities,
&c.
This you set forth as a pious fraud and unfair representation. I answer, that if according to Sir
Isaac Newton
a Fluxion be the velocity of an increment, then according to him I may call the Fluxion of a Fluxion the Velocity of a Velocity. But for the truth of the antecedent see his introduction to the Quadrature of Curves, where his own words are,
motuum velincrementorum velocitates nominando Fluxiones
. See also the second Lemma of the second Book of his mathematical principles of natural Philosophy, where he expresseth himself in the following manner,
velocitates incrementorum ac decrementorum, quas etiam, motus, mutationes & fluxiones quantitatum nominare licet
. And that he admits Fluxions of Fluxions, or second, third, fourth Fluxions,
&c.
see his Treatise of the Quadrature of the Curves. I ask now, Is it not plain, that if a Fluxion be a Velocity, then the Fluxion of a Fluxion may agreeably thereunto be called the Velocity of a Velocity? In like manner if by a Fluxion is meant a nascent augment, will it not then follow, that the Fluxion of a Fluxion, or second Fluxion is the nascent augment of a nascent augment? Can any thing be plainer? Let the Reader now judge who is unfair.
XXIV.
I HAD observed, that the Great Author had proceeded illegitimately, in obtaining the Fluxion or moment of the Rectangle of two flowing quantities; and that he did not fairly get rid of the Rectangle of the moments. In answer to this you alledge, that the error arising from the omission of such rectangle (allowing it to be an error) is so small that it is insignificant. This you dwell upon and examplify to no other purpose, but to amuse your Reader and mislead him from the Question; which in truth is not concerning the accuracy of computing or measuring in practice, but concerning the accuracy of the reasoning in science. That this was really the case, and that the smallness of the practical error no wise concerns it, must be so plain to any one who reads the Analyst, that I wonder how you could be ignorant of it.
XXV.
YOU would fain persuade your Reader, that I make an absurd quarrel against errors of no significancy in practice, and represent Mathematicians as proceeding blindfold in their approximations; in all which I cannot help thinking there is on your part either great ignorance or great disingenuity. If you mean to defend the reasonableness and use of approximations, or of the method of Indivisibles, I have nothing to say. But then you must remember this is not the Doctrine of Fluxions: It is none of that Analysis with which I am concerned. That I am far from quarrelling at approximations in Geometry is manifest from the thirty third and fifty third Queries in the Analyst. And that the method of Fluxions pretends to somewhat more than the method of Indivisibles is plain; because Sir
Isaac
disclaims this method as not Geometrical.
See the Scholium at the end of the first Section
, Lib. 1. Phil. Nat. Princip. Math.
And that the method of Fluxions is supposed accurate in Geometrical rigour is manifest, to whoever considers what the Great Author writes about it; especially in his Introduction to the Quadrature of Curves, where he saith
In rebus mathematicis errores quam minimi non sunt contemnendi
.
Which expression you have seen quoted in the Analyst, and yet you seem ignorant thereof, and indeed, of the very End and Design of the Great Author in this his invention of Fluxions.
XXVI.
AS oft as you talk of finite quantities inconsiderable in practice, Sir
Isaac
disowns your apology.
Cave
, saith he,
intellexeris finitas
. And although Quantities less than sensible may be of no account in practice, yet none of your masters, nor will even you yourself venture to say, they are of no account in Theory and in Reasoning. The application in gross practice is not the point questioned, but the rigour and justness of the reasoning. And it is evident that, be the subject ever so little, or ever so inconsiderable, this doth not hinder but that a person treating thereof may commit very great errors in Logic, which Logical errors are in no wise to be measured by the sensible or practical inconveniences thence arising, which, perchance, may be none at all. It must be owned, that after you have mislead and amused your less qualified Reader (as you call him) you return to the real point in controversy, and set your self to justifie Sir
Isaac
's method of getting rid of the abovementioned Rectangle. And here I must intreat the Reader to observe how fairly you proceed.
XXVII.
FIRST then you affirm (
P.
44.)
"that, neither in the Demonstration of the Rule for finding the Fluxion of the rectangle of two flowing quantities, nor in any thing preceding or following it, is any mention so much as once made of the increment of the rectangle of such flowing quantities."
Now I affirm the direct contrary. For in the very passage by you quoted in this same page, from the first case of the second lemma of the second Book of Sir
Isaac
's Principles, beginning with
Rectangulum quodvis motu perpetuo auctum
, and ending with
igitur laterum incrementis totis a et b generatur rectanguli incrementum a B x b A Q. E. D.
. In this very passage, I say, is express mention made of the increment of such rectangle. As this is matter of fact, I refer it to the Reader's own eyes. Of what rectangle have we here the Increment? Is it not plainly of that whose sides have
a
and
b
for their
Incrementa tota
, that is of
AB
? Let any Reader judge whether it be not plain from the words, the sense, and the context, that the Great Author in the end of his demonstration understands his
incrementum
as belonging to the
Rectangulum quodvis
at the beginning. Is not the same also evident from the very Lemma it self prefixed to the Demonstration? The sense whereof is (as the Author there explains it) that if the moments of the flowing quantities
A
and
B
are called
a
and
b
, then the
momentum vel mutatio geniti rectanguli
AB
will be
aB x bA
. Either therefore the conclusion of the demonstration is not the thing which was to be demonstrated, or the
rectanguli incrementum
belongs to the rectangle AB.
XXVIII.
ALL this is so plain that nothing can be more so; and yet you would fain perplex this case by distinguishing between an increment and a moment. But it is evident to every one, who has any notion of Demonstration, that the
incrementum
in the Conclusion must be the
momentum
in the Lemma; and to suppose it otherwise is no credit to the Author. It is in effect supposing him to be one who did not know what he would demonstrate. But let us hear Sir
Isaac
's own words:
Earum (quantitatum scilicet fluentium) incrementa vel decrementa momentanea sub nomine momentorum intelligo
. And you observe your self that he useth the word
moment
to signify either an increment or decrement. Hence, with an intention to puzzle me, you propose the increment and decrement of
AB
, and ask which of these I would call the moment? The case, you say, is difficult. My answer is very plain and easy, to wit, Either of them. You, indeed, make a different answer, and from the Author's saying that, by a moment he understands either the momentaneous increment or decrement of the flowing quantities, you would have us conclude, by a very wonderful inference, that his moment is neither the increment nor decrement thereof. Would it not be as good an inference, Because a number is either odd or even, to conclude it is neither? Can any one make sense of this? Or can even your self hope that this will go down with the Reader, how little soever qualified? It must be owned, you endeavour to obtrude this inference on him, rather by mirth and humour than by reasoning. You are merry, I say, and (
P.
46.) represent the two mathematical quantities as pleading their rights, as tossing up cross and pile, as disputing amicably. You talk of their claiming preference, their agreeing, their boyishness and their gravity. And after this ingenious disgression you address me in the following words.
Believe me there is no remedy, you must acquiesce.
But my answer is, that I will neither believe you nor acquiesce; there is plain remedy in common sense; and, to prevent surprise, I desire the Reader always to keep the controverted point in view, to examine your reasons, and be cautious how he takes your word, but most of all when you are positive or eloquent or merry.
XXIX.
A PAGE or two after, you very candidly represent your case to be that of an Ass between two bottles of hay; it is your own expression. The cause of your perplexity is, that you know not whether the velocity of
AB
increasing or of
AB
decreasing is to esteemed the Fluxion, or proportional to the moment of the rectangle. My opinion, agreeably to what hath been premised, is that either may be deemed the Fluxion. But you tell us (
P.
49.) "that you think, the venerable ghost of Sir
Isaac Newton
whispers you, The Velocity you seek for is neither the one nor the other of these, but is the velocity which the flowing rectangle hath, not while it is greater or less than
AB
, but at that very instant of time that it is
AB
." For my part, in the rectangle
AB
considered simply in it self, without either increasing or diminishing, I can conceive no velocity at all. And if the Reader is of my mind, he will not take either your word, or even the word of a Ghost, how venerable soever, for velocity without motion. You proceed and tell us that, in like manner, the moment of the rectangle is neither its increment nor decrement. This you would have us believe on the authority of his Ghost, in direct opposition to what Sir
Isaac
himself asserted when alive.
In crementa
(saith he)
vel decrementa momentanea sub nomine momentorum intelligo: ita ut incrementa pro momentis addititiis seu affirmativis, ac decrementa pro subductitiis seu negativis habeantur
.
Princip. Phil. Nat. Lib. II Lem. II.
I will not in your style bid the Reader believe me, but believe his eyes.
XXX.
TO me it verily seems, that you have undertaken the defence of what you do not understand. To mend the matter, you say,
"you do not consider
AB
as lying at either extremity of the moment, but as extended to the middle of it; as having acquired the one half of the moment, and as being about to acquire the other; or, as having lost one half of it, and being about to lose the other."
Now, in the name of Truth, I intreat you to tell what this moment is, to the middle whereof the rectangle is extended? This moment, I say, which is acquired, which is lost, which is cut in two, or distinguished into halfs? Is it a finite quantity, or an infinitesimal, or a mere limit, or nothing at all? Take it in what sense you will, I cannot make your defence either consistent or intelligible. For if you take it in either of the two former senses, you contradict Sir
Isaac Newton
. And if you take it in either of the latter, you contradict common sense; it being plain, that what hath no magnitude, or is no quantity, cannot be divided. And here I must intreat the Reader to preserve his full freedom of mind intire, and not weakly suffer his judgment to be overborn by your imagination and your prejudices, by great names and authorities, by Ghosts and Visions, and above all by that extreme satisfaction and complacency with which you utter your strange conceits; if words without a meaning may be called so. After having given this unintelligible account, you ask with your accustomed air,
"What say you, Sir? Is this a just and legitimate reason for Sir
Isaac
's proceeding as he did? I think you must acknowledge it to be so."
But alas! I acknowledge no such thing. I find no sense or reason in what you say. Let the Reader find it if he can.
XXXI.
IN the next Place (
P.
50.) you charge me with want of caution.
"Inasmuch (say you) as that quantity which Sir
Isaac Newton
through his whole Lemma, and all the several Cases of it, constantly calls a
Moment
, without confining it to be either an increment or decrement is by you inconsiderately and arbitrarily, and without any Shadow of of
Reason
given, supposed and determined to be an increment."
To which Charge I reply that it is untrue as it is peremptory. For that, in the foregoing citation from the first case of Sir
Isaac
's Lemma, he expresly determines it to be an Increment. And as this particular Instance of Passage was that which I objected to, it was reasonable and proper for me to consider the Moment in that same Light. But take it increment or decrement as you will, the Objections still lie, and the Difficulties are equally insuperable. You then proceed to extoll the great Author of the fluxionary Method, and to bestow some
Brusqueries
upon those who unadvisedly dare to differ from him. To all which I shall give no answer.
XXXII.
AFTERWARDS to remove (as you say) all Scruple and Difficulty about this affair, you observe that the Moment of the Rectangle determined by Sir
Isaac Newton
, and the Increment of the Rectangle determined by me, are perfectly and exactly equal, supposing
a
and
b
to be diminished
ad infinitum
: and for proof of this, you refer to the first Lemma of the first Section of the first Book of Sir
Isaac
's Principles. I answer, that if
a
and
b
are real quantities, then
ab
is something, and consequently makes a real difference: but if they are nothing, then the Rectangles whereof they are coefficients become nothing likewise: and consequently the
momentum
or
incrementum
, whether Sir
Isaac
's or mine, are in that Case nothing at all. As for the abovementioned Lemma, which you refer to, and which you wish I had consulted sooner, both for my own sake and for yours; I tell you I had long since consulted and considered it. But I very much doubt whether you have sufficiently considered that Lemma, its Demonstration, and its Consequences. For, however that way of reasoning may do in the Method of
exhaustions
, where quantities less than assignable are regarded as nothing; yet for a Fluxionist writing about momentums, to argue that quantities must be equal because they have no assignable difference, seems the most injudicious Step that could be taken: it is directly demolishing the very Doctrine you would defend. For it will thence follow, that all homogeneous momentums are equal, and consequently the velocities, mutations, or fluxions proportional thereto, are all likewise equal. There is, therefore, only one proportion of equality throughout, which at once overthrows the whole System you undertake to defend. Your moments (I say) not being themselves assignable quantities, their differences cannot be assignable: and if this be true, by that way of reasoning it will follow, they are all equal, upon which Supposition you cannot make one Step in the Method of Fluxions. It appears from hence, how unjustly you blame me (
P.
32.) for omitting to give any Account of that first Section of the first Book of the
Principia
, wherein (you say) the Foundation of the Method of Fluxions is geometrically demonstrated and largely explained, and difficulties and objections against it are clearly solved. All which is so far from being true, that the very first and fundamental Lemma of that Section is incompatible with, and subversive of the doctrine of Fluxions. And, indeed, who sees not that a Demonstration
ad absurdum more veterum
proceeding on a Supposition, that every difference must be some given quantity, cannot be admitted in, or consist with, a method, wherein Quantities, less than any given, are supposed really to exist, and be capable of division?
XXXIII.
THE next point you undertake to defend is that method for obtaining a rule to find the Fluxion of any Power of a flowing Quantity, which is delivered in the introduction to the Quadratures, and considered in the Analyst.
Sect. 13,14, &c.
And here the question between us is, whether I have rightly represented the sense of those words,
evanescant jam augmenta illa
, in rendering them, let the increments vanish,
i.e.
let the increments be nothing, or let there be no increments? This you deny, but, as your manner is, instead of giving a reason you declaim. I, on the contrary affirm, the increments must be understood to be quite gone and absolutely nothing at all. My reason is, because without that supposition you can never bring the quantity or expression
&c. down to
, the very thing aimed at by supposing the evanescence. Say whether this be not the truth of the case? Whether the former expression is not to be reduced to the latter? And whether this can possibly be done so long as
o
is supposed a real Quantity? I cannot indeed say you are scrupulous about your affirmations, and yet I believe that even you will not affirm this; it being most evident, that the product of two real quantities is something real; and that nothing real can be rejected either according to the
akribeia
of Geometry, or according to Sir
Isaac
's own principles; for the truth of which I appeal to all who know any thing of these matters. Further by
evanescent
must either be meant, let them (the increments) vanish and become nothing, in the obvious sense, or else let them become infinitely small. But that this latter is not Sir
Isaac
's sense is evident from his own words in the very same page, that is, in the last of the Introduction to his Quadratures, where he expressly saith
volui ostendere quod in methodo Fluxionum non opus sit figuras infinitè parvas in Geometriam introducere
.
Upon the whole, you seem to have considered this affair so very superficially, as greatly to confirm me in the opinion, you are so angry with, to wit, that Sir
Isaac
's followers are much more eager in applying his method, than accurate in examining his principles. You raise a dust about evanescent augments which may perhaps amuse and amaze your Reader, but I am much mistaken if it ever instructs or enlightens him. For, to come to the point, those evanescent augments either are real quantities, or they are not. If you say they are; I desire to know, how you get rid of the rejectaneous quantity? If you say they are not; you instead get rid of those quantities in the composition whereof they are coefficients; but then you are of the same opinion with me, "which opinion you are pleased to call (
P.
58.) a most palpable, inexcusable, and unpardonable blunder, although it be a Truth most palpably evident".
XXXIV.
NOTHING, I say, can be plainer to any impartial Reader, than that by the Evanescence of augments, in the above cited passage, Sir
Isaac
means their being actually reduced to nothing. But to put it out of all doubt, that this is the truth, and to convince even you, who shew so little disposition to be convinced, I desire you to look into his
Analysis per æquationes infinitas
(
P.
20.) where, in his preparation for demonstrating the first rule for the squaring of simple Curves, you will find that on a parallel occasion, speaking of an augment which is supposed to vanish, he interprets the word
evanescere
by
esse nihil
. Nothing can be plainer than this, which at once destroys your defence. And yet, plain as it is, I despair of making you acknowledge it; though I am sure you feel it, and the Reader if he useth his eyes must see it. The words
Evanescere sive esse nihil
do (to use your own expression)
stare us in the face
. Lo! "This is what you call (
P.
56.) so great, so unaccountable, so horrid, so truly
Bœotian
a blunder" that, according to you, it was not possible Sir
Isaac Newton
could be guilty of it. For the future, I advise you to be more sparing of hard words: Since, as you incautiously deal them about, they may chance to light on your friends as well as your adversaries. As for my part, I shall not retaliate. It is sufficient to say you are mistaken, But I can easily pardon your mistakes. Though, indeed, you tell me on this very occasion, that I must expect no quarter from Sir
Isaac
's followers. And I tell you that I neither expect nor desire any. My aim is truth. My reasons I have given. Confute them, if you can. But think not to overbear me either with authorities or harsh words. The latter will recoil upon your selves: The former in a matter of science are of no weight with indifferent Readers; and as for Bigots, I am not concerned about what they say or think.
XXXV.
IN the next place you proceed to declaim upon the following passage taken from the seventeenth section of the Analyst.
"Considering the various arts and devices used by the great author of the fluxionary method: In how many lights he placeth his Fluxions: and in what different ways he attempts to demonstrate the same point: One would be inclined to think, he was himself suspicious of the justness of his own demonstrations."
This passage you complain of as very hard usage of Sir
Isaac Newton
. You declaim copiously, and endeavour to shew that placing the same point in various lights is of great use to explain it; which you illustrate with much Rhetoric. But the fault of that passage is not the hard usage it contains: But on the contrary, that it is too modest, and not so full and expressive of my sense, as perhaps it should have been. Would you like it better if I should say, the various
inconsistent
accounts, which this great author gives of his momentums and his fluxions, may convince every intelligent Reader that he had no clear and steady notions of them, without which there can be no demonstration? I own frankly that I see no clearness or consistence in them. You tell me indeed, in
Miltonic
verse, that the fault is in my own eyes,
So thick a drop serene has quench'd their orbs,
Or dim Suffusion veil'd.
At the same time you acknowledge your self obliged for those various lights, which have enabled you to understand his Doc trine. But as for me who do not understand it, you insult me, saying:
"For God's sake what is it you are offended at, who do not still understand him"
? May not I answer, that I am offended for this very reason; because I cannot understand him or make sense of what he says? You say to me, that I am all in the dark. I acknowledge it, and intreat you who see so clearly, to help me out.
XXXVI.
YOU, Sir, with the bright eyes, be pleased to tell me, whether Sir
Isaac
's momentum be a finite quantity, or an infinitesimal, or a mere limit? If you say, a finite quantity: Be pleased to reconcile this with what he says in the Scholium of the second Lemma of the first Section of the first book of his Principles:
Cave intelligas quantitates magnitudine determinatas, sed cogita semper diminnuendas sine limite
If you say, an infinitesimal: reconcile this with what is said in the Introduction to his Quadratures:
Volui ostendere quod in methodo Fluxionum non opus sit figuras infinitè parvas in Geometriam introducere.
If you should say, it is a mere limit, be pleased to reconcile this with what we find in the first case of the second Lemma in the second book of his principles:
Ubi de lateribus A et B deerant momentorum dimidia
, &c. where the moments are supposed to be divided. I should be very glad, a person of such luminous intellect would be so good as to explain, whether by Fluxions we are to understand the nascent or evanescent quantities themselves, or their motions, or their Velocities, or simply their proportions: and having interpreted them in what sense you will, that you would then condescend to explain the Doctrine of second, third, and fourth Fluxions, and shew it to be consistent with common sense if you can. You seem to be very sanguine when you express your self in the following terms.
"I do assure you, Sir, from my own Experience, and that of many others whom I could name, that the Doctrine may be clearly conceived and distinctly comprehended"
(
p.
31.) And it may be uncivil not to believe what you so solemnly affirm, from your own experience. But I must needs own, I should be better satisfied of this, if, instead of entertaining us with your Rhetoric, you would vouchsafe to reconcile those difficulties, and explain those obscure points abovementioned. If either you, or any one of those many whom you could name, will but explain to others what you so clearly conceive your selves, I give you my word that several will be obliged to you who, I may venture to say, understand those matters no more than my self. But, if I am not much mistaken, you and your friends will modestly decline this task.
XXXVII.
I HAVE long ago done what you so often exhort me to do, diligently read and considered the several accounts of this Doctrine given by the great Author in different parts of his writings: and upon the whole I could never make it out to be consistent and intelligible. I was even led to say, "that one would be inclined to think , He was himself suspicious of the justness of his own demonstrations: and that he was not enough pleased with any one Notion steadily to adhere to it." After which I added, "Thus much is plain that he owned himself satisfied concerning certain points, which nevertheless he could not undertake to demonstrate to others." See the seventeenth section of the Analyst. It is one thing when a Doctrine is placed in various lights: and another, when the principles and notions are shifted. When new devices are introduced and substituted for others, a Doctrine instead of being illustrated may be explained away. Whether there be not something of this in the present case I appeal to the writings of the Great Author. His
methodus rationum primarum et ultimarum
, His second Lemma in the second book of his principles, his Introduction and Treatise of the Quadrature of the Curves. In all which it appears to me, there is not one uniform doctrine explained and carried throughout the whole, but rather sundry inconsistent accounts of this new Method, which still grows more dark and confused the more it is handled: I could not help thinking, the greatest genius might lie under the influence of false principles; and where the object and notions were exceeding obscure, he might possibly distrust even his own demonstrations. "At least thus much seemed plain, that Sir
Isaac
had sometime owned himself satisfied, where he could not demonstrate to others. In proof whereof I mentioned his letter to Mr.
Collins
; Hereupon you tell me: there is a great deal of difference between saying, I cannot undertake to prove a thing, and I will not undertake it." But in answer to this, I desire you will be pleased to consider, that I was not making a precise extract out of that letter, in which the very words of Sir
Isaac
should alone be inserted. But I made my own remark and inference, from what I remembred to have read in that letter; where, speaking of a certain Mathematical matter, Sir
Isaac
expresseth himself, in the following terms.
"It is plain to me by the fountain I draw it from; though I will not undertake to prove it to others."
Now whether my inference may not be fairly drawn from those words of Sir
Isaac Newton
; and whether the difference as to the sense be so great between
will
and
can
in that particular case, I leave to be determined by the Reader.
XXXVIII.
IN the next paragraph you talk big, but prove nothing. You speak of driving out of intrenchments, of fallying and attacking and carrying by assault; of slight and untenable words, of a new-raised and undisciplined militia, and of veteran regular troops. Need the Reader be a Mathematician to see the vanity of this paragraph? After this you employ (
P.
65) your usual colouring, and represent the great Author of the method of Fluxions
"as a Good old Gentleman fast asleep, and snoring in his easy chair; while dame Fortune is bringing him her apron full of beautiful theorems and problems, which he never knows or thinks of."
This you would have pass for a conse quence of my notions. But I appeal to all those who are ever so little knowing in such matters, whether there are not divers fountains of Experiment, Induction, and Analogy, whence a man may derive and satisfy himself concerning the truth of many points in Mathematics and Mechanical Philosophy, although the proofs thereof afforded by the modern Analyst should not amount to demonstration? I further appeal to the conscience of all the most profound Mathematicians, whether they can, with perfect acquiescence of mind free from all scruple, apply any proposition merely upon the strength of a Demonstration involving second or third Fluxions, without the aid of any such experiment or analogy or collateral proof whatsoever? Lastly, I appeal to the Reader's own heart, whether he cannot clearly conceive a medium between being fast asleep and demonstrating? But you will have it, that I represent Sir
Isaac
's Conclusions as coming out right, because one error is compensated by another contrary and equal error, which perhaps he never knew himself nor thought of: that by a twofold mistake he arrives though not at science yet at Truth: that he proceeds blindfold,
&c.
All which is untruly said by you, who have misapplied to Sir
Isaac
what was intended for the
Marquis
de l' Hospital
and his fol lowers, for no other end (as I can see) but that you may have an opportunity to draw that ingenious portraiture of Sir
Isaac Newton
and Dame Fortune, as will be manifest to
whoever
reads the Analyst.
XXXIX.
YOU tell me (
p.
70), if I think fit to persist in asserting, "that this affair of a double error is entirely a new discovery of my own, which Sir
Isaac
and his followers never knew nor thought of, that you have unquestionable evidence to convince me of the contrary, and that all his followers are already apprised, that this very objection of mine was long since foreseen, and clearly and fully removed by Sir
Isaac Newton
in the first section of the first book of his
Principia
". All which I do as strongly deny as you affirm. And I do aver, that this is an unquestionable proof of the matchless contempt which you,
Philalethes
, have for Truth. And I do here publickly call upon you, to produce that evidence which you pretend to have, and to make good that fact which you do so confidently affirm. And, at the same time, I do assure the Reader that you never will, nor can.
XL.
IF you defend Sir
Isaac
's notions as delivered in his
Principia
, it must be on the rigorous foot of rejecting nothing, neither admitting nor casting away infinitely small quantities. If you defend the Marquis, whom you also stile your Master, it must be on the foot of admitting that there are infinitesimals, that may be rejected, that they are nevertheless real quantities, and themselves infinitely subdivisible. But you seem to have grown giddy with passion, and in the heat of controversy to have mistaken and forgot your part. I beseech you, Sir, to consider, that the Marquis (whom alone, and not Sir
Isaac
this double error in finding the subtangent doth concern) rejects indeed infinitesimals, but not on the foot that you do, to wit, their being inconsiderable in practical Geometry or mixed Mathematics. But he rejects them in the accuracy of Speculative Knowledge: in which respect there may be great Logical errors, although there should be no sensible mistake in practice: which, it seems, is what you cannot comprehend. He rejects them likewise in virtue of a Postulatum, which I venture to call rejecting them without ceremony. And though he inferreth a conclusion accurately true, yet he doth it, contrary to the rules of Logic, from inac curate and false premises. And how this comes about, I have at large explained in the Analyst, and shewed in that particular case of Tangents, that the Rejectaneous Quantity might have been a finite quantity of any given magnitude, and yet the conclusion have come out exactly the same way; and consequently, that the truth of this method doth not depend on the reason assigned by the Marquis, to wit, the
postulatum
for throwing away Infinitesimals; and therefore that he and his followers acted blindfold, as not knowing the true reason for the conclusion's coming out accurately right, which I shew to have been the effect of a double error.
XLI.
THIS is the truth of the matter, which you shamefully misrepresent and declaim upon, to no sort of purpose but to amuse and mislead your Reader. For which conduct of yours throughout your remarks, you will pardon me if I cannot otherwise account, than from a secret hope that the reader of your defence would never read the Analyst. If he doth, He cannot but see what an admirable Method you take to defend your cause: How instead of justifying the Reasoning, the Logic or the Theory of the case specified, which is the real point, you discourse of sensible and practical errors: And how all this is a manifest imposition upon the Reader. He must needs see that I have expresly said, "I have no controversy except only about your Logic and method: that I consider how you demonstrate; what objects you are conversant about; and whether you conceive them clearly? That I have often expressed my self to the same effect, desiring the Reader to remember, that I am only concerned about the way of coming at your theorems, whether it be legitimate or illegitimate, clear or obscure, scientific or tentative: That I have on this very occasion, to prevent all possibility of mistake, repeated and insisted that I consider the Geometrical Analyst as a Logician,
i.e.
so far forth as he reasons and argues; and his mathematical conclusions not in themselves but in their premises; not as true or false, useful or insignificant, but as derived from such principles, and by such inferences".
Analyst, Sect.
XX.
You affirm (and indeed what can you not affirm?) that the difference between the true subtangent and that found without any compensation is absolutely nothing at all. I profess my self of a contrary opini on. My reason is because nothing cannot be divided into parts. But this difference is capable of being divided into any, or into more than any given number of parts; For the truth of which consult the Marquis
de l' Hospital
. And, be the error in fact or in practice ever so small, it will not thence follow that the error in Reasoning, which is what I am alone concerned about, is one whit the less, it being evident that a man may reason most absurdly about the minutest things.
XLII.
PRAY answer me fairly, once for all, whether it be your opinion that whatsoever is little and inconsiderable enough to be rejected without inconvenience in practice, the same may in like manner be safely rejected and overlooked in Theory and Demonstration. If you say
no
, it will then follow, that all you have been saying here and elsewhere, about yards and inches and decimal fractions, setting forth and insisting on the extreme smallness of the rejectaneous quantity, is quite foreign to the argument, and only a piece of skill to impose upon your Reader. If you say
yes
, it follows that you then give up at once all the orders of Fluxions and Infinitesimal Differences; and so most imprudently turn all your sallies and attacks and Veterans to your own overthrow. If the Reader is of my mind, he will despair of ever seeing you get clear of this Dilemma. The points in controversy have been so often and so distinctly noted in the Analyst, that I very much wonder how you could mistake if you had no mind to mistake. It is very plain, if you are in earnest, that you neither understand me nor your Masters. And what shall we think of other ordinary Analysts, when it shall be found that even you, who, like a Champion step forth to defend their principles, have not considered them.
XLIII.
THE impartial Reader is intreated to remark throughout your whole performance, how confident you are in asserting, and withall how modest in proving or explaining: How frequent it is with you to employ Figures and Tropes instead of Reasons: How many difficulties proposed in the Analyst are discreetly overlooked by you, and what strange work you make with the rest: How grosly you mistake and misrepresent, and how little you practise the advice which you so liberally bestow. Believe me, Sir, I had long and maturely considered the principles of the modern Analysis, before I ventured to publish my thoughts thereupon in the Analyst. And since the publication thereof, I have my self freely conversed with Mathematicians of all ranks, and some of the ablest Professors, as well as made it my business to be informed of the Opinions of others, being very desirous to hear what could be said towards clearing my difficulties or answering my objections. But though you are not afraid or ashamed to represent the Analysts as very clear and uniform in their Conception of these matters, yet I do solemnly affirm (and several of themselves know it to be true) that I found no harmony or agreement among them, but the reverse thereof, the greatest dissonance, and even contrariety of Opinions, employed to explain what after all seemed inexplicable.
XLIV.
SOME fly to proportions between nothings. Some reject quantities because infinitesimal. Others allow only finite quantities, and reject them because inconsiderable. Others place the method of Fluxions on a foot with that of
Exhaustions
, and admit nothing new therein. Some maintain the clear conception of Fluxions. Others hold they can demonstrate about things incomprehensible. Some would prove the Algorism of Fluxions by
reductio ad absurdum
; others
a priori
. Some hold the evanescent increments to be real quantities, some to be nothings, some to be limits. As many Men, so many minds: Each differing one from another, and all from Sir
Isaac Newton
. Some plead inaccurate expressions in the great Author, whereby they would draw him to speak their sense, not considering that if he meant as they do, he could not want words to express his meaning. Others are magisterial and positive, say they are satisfied, and that is all, not considering that we, who deny Sir
Isaac Newton
's Authority, shall not submit to that of his Disciples. Some insist, that the Conclusions are true, and therefore the principles, not considering what hath been largely said in the Analyst
Sect.
XIX, XX. &c.
on that head. Lastly several (and those none of the meanest) frankly owned the objections to be unanswerable. All which I mention by way of Antidote to your false Colours: and that the unprejudiced Inquirer after Truth may see, it is not without foundation, that I call on the celebrated Mathematicians of the present Age to clear up these obscure Analytics, and concur in giving to the publick some consistent and intelligible account of the principles of their great Master: which if they do not, I believe the World will take it for granted that they cannot.
XLV.
HAVING gone through your Defence of the British Mathematicians, I find in the next place, that you attack me on a point of Metaphysics, with what success the Reader will determine. I had upon another Occasion many years ago wrote against Abstract general Ideas.
Introduction to a Treatise concerning the Principles of Human Knowledge, printed in the Year
MDCCX.
In opposition to which, you declare your self to adhere to the vulgar opinion, that neither Geometry nor any other general Science can subsist without general Ideas. (
P.
74.) This implies that I hold there are no general Ideas. But I hold the direct contrary, that there are indeed general Ideas, but not formed by abstraction in the manner set forth by Mr.
Locke
. To me it is plain, there is no consistent Idea, the likeness whereof may not really exist. Whatsoever therefore is said to be somewhat which cannot exist, the Idea thereof must be inconsistent. Mr.
Locke
acknowledgeth it doth require Pains and Skill to form his general Idea of a Triangle. He further expresly saith, it must be neither oblique nor rectangular, neither equilateral, equicrural, nor scalenum; but all and none of these at once. He also saith, it is an Idea wherein some parts of several different and inconsistent Ideas are put together.
Essay on Humane Understanding
, b.iv. c.vii. [sect]. ix.
All this looks very like a Contradiction. But to put the Matter past dispute, it must be noted, that he affirms it to be somewhat imperfect that cannot exist; consequently the Idea thereof is impossible or inconsistent.
XLVI.
I DESIRE to know, whether it is not possible for any thing to exist, which doth not include a contradiction: And if it is, whether we may not infer, that what cannot possibly exist, the same doth include a contradiction: I further desire to know, whether the reader can frame a distinct idea of any thing that includes a contradiction? For my part, I cannot, nor consequently of the abovementioned Triangle; Though you (who it seems know better than my self what I can do) are pleased to assure me of the contrary. Again, I ask whether that, which it is above the power of man to form a compleat idea of, may not be called incomprehensible? And whether the Reader can frame a compleat idea of this imperfect, impossible Triangle? And if not, whether it doth not follow that it is incomprehensible? It should seem, that a distinct aggregate of a few consistent parts was nothing so difficult to conceive, or impossible to exist; and that, therefore your Comment must be wide of the Author's meaning. You give me to understand (
P.
82.) that this account of a general Triangle was a trap which Mr.
Locke
set to catch fools. Who is caught therein let the Reader judge.
XLVII.
IT is Mr.
Locke
's opinion, that every general name stands for a general abstract idea, which prescinds from the species or individuals comprehended under it. Thus, for example, according to him, the general name
Colour
stands for an idea, which is neither Blue, Red, Green nor any other particular colour, but somewhat distinct and abstracted from them all. To me it seems, the word
Colour
is only a more general name applicable to all and each of the particular colours; while the other specific names, as Blue, Red, Green, and the like are each restrained to a more limited signification. The same may be said of the word Triangle. Let the Reader judge whether this be not the case; and whether he can distinctly frame such an idea of colour as shall prescind from all the species there of, or of a triangle which shall answer Mr.
Locke
's account, prescinding and abstracting from all the particular sorts of triangles, in the manner aforesaid.
XLVIII.
I intreat my Reader to think. For if he doth not, he may be under some influence from your confident and positive way of talking. But any one who thinks may, if I mistake not, plainly perceive that you are deluded, as it often happens, by mistaking the terms for ideas. Nothing is easier, than to define in terms or words that which is incomprehensible in idea, forasmuch as any words can be either separated or joined as you please, but ideas always cannot. It is as easy to say a round square as an oblong square, though the former be inconceivable. If the Reader will but take a little care to distinguish between the Definition and the Idea, between words or expressions and the conceptions of the mind, he will judge of the truth of what I now advance, and clearly perceive how far you are mistaken, in attempting to illustrate Mr.
Locke
's Doctrine, and where your mistake lies. Or, if the Reader is minded to make short work, he needs only at once to try whether laying aside the words he can frame in his mind the idea of an impossible triangle; upon which trial the issue of this dispute may be fairly put. This doctrine of abstract general ideas seemed to me a capital error, productive of numberless difficulties and disputes, that runs not only throughout Mr.
Locke
's book, but through most parts of Learning. Consequently, my animadversions thereupon were not an effect of being inclined to carp or cavil at a single passage, as you would wrongfully insinuate, but proceeded from a love of Truth and a desire to banish, so far as in me lay, false principles and wrong ways of thinking, without respect of persons. And indeed, though you and other Party-men are violently attached to your respective Masters, yet I, who profess my self only attached to Truth, see no reason why I may not as freely animadvert on Mr.
Locke
or
Sir
Isaac Newton
, as they would on
Aristotle
or
Descartes
. Certainly the more extensive the influence of any Error, and the greater the authority which supports it, the more it deserves to be considered and detected by sincere Inquirers after Knowledge.
XLIX.
IN the close of your performance, you let me understand, that your Zeal for Truth and the reputation of your Masters hath occasioned your reprehending me with the utmost freedom. And it must be owned you have shewn a singular talent therein. But I am comforted under the severity of your reprehensions, when I consider the weakness of your arguments, which, were they as strong as your reproofs, could leave no doubt in the mind of the Reader concerning the matters in dispute between us. As it is, I leave him to reflect and examine by your light, how clearly he is enabled to conceive a fluxion, or the fluxion of a fluxion, a part infinitely small subdivided into an infinity of parts, a nascent or evanescent increment, that which is neither something nor nothing, a triangle formed in a point, velocity without motion, and the rest of those
arcana
of the modern Analysis. To conclude, I had some thoughts of advising you how to conduct your self for the future, in return for the advice you have so freely imparted to me: but, as you think it becomes me rather to inform my self than instruct others, I shall, for my further information, take leave to propose a few Queries to those learned Gentlemen of
Cambridge
, whom you associate with your self, and represent as being equally suprised at the tendency of my Analyst.
L.
I desire to know, whether those who can neither demonstrate nor conceive the principles of the modern Analysis, and yet give into it, may not be justly said to have Faith, and be styled believers of mysteries? Whether it is impossible to find among the Physicians, mechanical Philosophers, Mathematicians, and Philomathematicians of the present age, some such Believers, who yet deride Christians for their belief of Mysteries? Whether with such men it is not a fair, reasonable, and legitimate method to use the
Argumentum ad Hominem
? And being so, whether it ought to surprise either Christians or Scholars? Whether in an age wherein so many pretenders to science attack the Christian Religion, we may not be allowed to make reprisals, in order to shew that the Irreligion of those men is not to be presumed an effect of deep and just thinking? Whether an attempt to detect false reasonings, and remedy, defects in Mathematics, ought to be ill received by Mathematicians? Whether the introducing more easy methods and more intelligible principles in any science should be discountenanced? Whether there may not be fair objections as well as cavils? And whether to inquire diligently into the meaning of terms and the proof of propositions, not excepting against any thing without assigning a reason, nor affecting to mistake the signification of words, or stick at an expression where the sense was clear, but considering the subject in all lights, sincerely endeavouring to find out any sense or meaning whatsoever, candidly setting forth what seems obscure and what fallacious, and calling upon those, who profess the knowledge of such matters, to explain them; whether, I say, such a proceeding can be justly called cavilling? Whether there be an
ipse dixit
erected? And if so, when, where, by whom, and upon what Authority? Whether even where Authority was to take place, one might not hope the Mathematics, at least, would be excepted? Whether the chief end, in making Mathematics so considerable a part of Academical Education, be not to form in the minds of young Students habits of just and exact Reasoning? And whether the study of abstruse and subtile matters can conduce to this end, unless they are well understood, examined, and sifted to the bottom? Whether, therefore, the bringing Geometrical demonstrations to the severest test of Reason should be reckoned a discouragement to the studies of any learned Society? Whether to separate the clear parts of things from the obscure, to distinguish the real Principles, whereon Truths rest, and whence they are derived, and to proportion the just measures of assent according to the various degrees of evidence, be an useless or unworthy Undertaking? Whether the making more of an argument than it will bear, and placing it in an undue rank of evidence, be not the likely way to disparage it? Whether it may not be of some use, to provoke and stir up the learned professors to explain a part of Mathematical Learning, which is acknowledged to be most profound, difficult, and obscure, and at the same time set forth by
Philalethes
and many others, as the greatest instance that has ever been given of the extent of humane abilities? Whether for the sake of a Great man's discoveries, we must adopt his errors? Lastly, whether in an age wherein all other principles are canvassed with the utmost freedom, the principles of Fluxions are to be alone excepted?
AN
APPENDIX
CONCERNING
Mr.
WALTON
's VINDICATION
Of Sir
Isaac Newton's
Principles of
Fluxions
.
I.
I HAD no sooner considered the performance of
Philalethes
, but Mr.
Walton
's Vindication of Fluxions was put into my hands. As this
Dublin
Professor gleans after the
Cantabrigian
, only endeavouring to translate a few passages from Sir
Isaac Newton's
Principia
, and enlarge on a hint or two of
Philale thes
, he deserves no particular notice. It may suffice to advertise the Reader, that the foregoing Defence, contains a full and explicite Answer to Mr.
Walton
, as he will find, if he thinks it worth his pains to read what this Gentleman hath written, and compare it therewith: Particularly with Sect. 18, 20, 30, 32, 33, 34, 35, 36, 43. It is not, I am sure, worth mine to repeat the same things, or confute the same notions twice over, in mere regard to a writer who hath copied even the manners of
Philalethes
, and whom in answering the other I have, if I am not much mistaken, sufficiently answered.
II.
Mr.
Walton
touches on the same points that the other had touched upon before him. He pursues a hint which the other had given
Philalethes, p. 32.
, about Sir
Isaac
's first Section concerning
Rationes primæ & ultimæ
. He discreetly avoids, like the other, to say one syllable of second, third, or fourth Fluxions, and of divers other points mentioned in the Analyst, about all which I observe in him a most prudent and profound silence. And yet he very modestly gives his Reader to understand, that he is able to clear up all difficulties and objections, that have ever been made (
P.
5). Mr.
Walton
in the beginning, like
Philalethes
, from a particular case makes a general inference, supposing that Infidelity to be imputed to Mathematicians in general, which I suppose only in the person to whom the Analyst was addressed, and certain other persons of the same mind with him: Whether this extraordinary way of reasoning be the cause or effect of his passion, I know not: But before I had got to the end of his Vindication, I ceased to be surprized at his Logic and his temper in the beginning. The double error, which in the Analyst was plainly meant to belong to others, he with
Philalethes
(whose very oversights he adopts) supposeth to have been ascribed to Sir
Isaac Newton
(
P.
38.) And this writer also, as well as the
Cantabrigian
, must needs take upon him to explain the motive of my writing against Fluxions: which he gives out, with great assurance, to have been, because Sir
Isaac Newton
had presumed to interpose in Prophecies and Revelations, and to decide in religious affairs (
P.
4.) which is so far from being true, that, on the contrary, I have a high value for those learned remains of that Great Man, whose original and free Genius is an eternal reproach to that tribe of followers, who are always imitating, but never resemble him. This specimen of Mr.
Walton
's truth will be a warning to the Reader to use his own eyes, and in obscure points never to trust the Gentleman's Candour, who dares to misrepresent the plainest.
III.
I WAS thinking to have said no more concerning this Author's performance. But lest he should imagine himself too much neglected, I intreat the Reader to have the patience to peruse it; and if he finds any one point of the doctrine of Fluxions cleared up, or any one objection in the Analyst answered, or so much as fairly stated, let him then make his compliments to the Author. But if he can no more make sense of what this Gentleman has written than I can, he will need no answer to it. Nothing is easier, than for a man to translate or copy, or compose a plausible discourse of some pages in technical terms, whereby he shall make a shew of saying somewhat, although neither the Reader nor himself understand one Tittle of it. Whether this be the case of Mr.
Walton
, and whether he understands either Sir
Isaac Newton
, or me, or himself, (whatever I may think) I shall not take upon me to say. But one thing I know, that many an unmeaning Speech passeth for significant by the mere assu rance of the Speaker, till he cometh to be catechised upon it; and then the truth sheweth it self. This Vindicator, indeed, by his dissembling nine parts in ten of the difficulties proposed in the Analyst, sheweth no inclination to be catechised by me. But his Scholars have a right to be informed. I, therefore, recommend it to them, not to be imposed on by hard words and magisterial assertions, but carefully to pry into his sense, and sift his meaning, and particularly to insist on a distinct answer to the following questions.
IV.
LET them ask him, whether he can conceive velocity without motion, or motion without extension, or extension without magnitude? If he answers that he can, let him teach them to do the same. If he cannot, let him be asked, how he reconciles the idea of a Fluxion which he gives (
P.
13.) with common sense? Again, let him be asked, whether nothing be not the product of nothing multiplied by something? And if so, when the difference between the Gnonom and the sum of the rectangles
See Vindication
, p. 17.
vanisheth, whether the rectangles themselves do not also vanish?
i.e.
when
a b
is nothing, whether
be not also nothing?
i.e.
whether the momentum of
AB
be not nothing? Let him then be asked, what his momentums are good for, when they are thus brought to nothing? Again, I wish he were asked to explain the difference between a magnitude infinitely small and a magnitude infinitely diminished. If he saith there is no difference: Then let him be further asked how he dares to explain the method of Fluxions by the
Ratio
of magnitudes infinitely diminished (
P.
9.) when Sir
Isaac Newton
hath expressly excluded all consideration of quantities infinitely small?
See the Introduction to his Quadratures
.
If this able Vindicator should say that quantities infinitely diminished are nothing at all, and consequently that, according to him, the first and last
Ratio
's are proportions between nothings, let him be desired to make sense of this, or explain what he means by
proportion between nothings
. If he should say the ultimate proportions are the
Ratio
's of mere limits, then let him be asked how the limits of lines can be proportioned or divided? After all, who knows but this Gentleman, who hath already complained of me for an uncommon way of treating Mathematics and Mathematicians (
P.
5.) may (as well as the
Cantabrigian
) cry out,
Spain
and the
Inquisition
, when he finds himself thus closely pursued and beset with Interrogatories? That we may not, therefore, seem too hard on an innocent man, who probably meant nothing, but was betray'd by following another into difficulties and straits that he was not aware of, I shall propose one single expedient, by which his Disciples (whom it most concerns) may soon satisfy themselves, whether this Vindicator really understands what he takes upon him to vindicate. It is in short, that they would ask him to explain the second, third or fourth Fluxions upon his Principles. Be this the Touchstone of his Vindication. If he can do it, I shall own my self much mistaken: If he cannot, it will be evident that he was much mistaken in himself, when he presumed to defend Fluxions without so much as knowing what they are. So having put the merits of the cause on this issue, I leave him to be tried by his Scholars.
FINIS.