Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange.

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Title
Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange.
Author
L'Estrange, Roger, Sir, 1616-1704.
Publication
London :: Printed by A.C.,
June 3d, 1663.
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Freedom of the press -- England.
Publishers and publishing -- England.
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"Considerations and proposals in order to the regulation of the press together with diverse instances of treasonous, and seditious pamphlets, proving the necessity thereof / by Roger L'Estrange." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A47832.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.

Pages

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Considerations and Proposals In Order to the Regulation OF THE PRESS.

I Think no man denyes the Necessity of Suppres∣sing Licentious and Unlawful Pamphlets, and of Regulating the Press; but in what manner, and by what means This may be Effected, That's the Question. The Two Main-points are Printing, and Publishing.

The Instruments of setting the work afoot are These. The Adviser, Author, Compiler, Writer, Correcter, and the Persons for whom, and by whom; that is say, the Stationer (commonly), and the Printer. To which may be Added, the Letter-Founders, and the Smiths, and Ioyners, that work upon Presses.

The usual Agents for Publishing, are the Printers them∣selves, Stitchers, Binders, Stationers, Hawkers, Mercury-wo∣men, Pedlers, Ballad-singers, Posts, Carryers, Hackney-Coach∣men, Boat-men, and Mariners. Other Instruments may be likewise employ'd, against whom a General Provision will be sufficient. Hiding, and Concealing of unlaw∣ful

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Books, is but in order to Publishing, and may be brought under the same Rule.

Touching the Adviser, Author, Compiler, Writer, and Correcter, their Practices are hard to be Retriv'd, unless the One Discover the Other.

This Discovery may be procur'd partly by a Penalty upon refusing to Discover, and partly by a Reward, to the Discove∣rer; but let both the Penalty, and the Reward be Considerable, and Certain: and let the Obligation of Discovery run quite Through, from the first Mover of the Mischief, to the Last Disperser of it. That is to say; If any unlawful Book shall be found in the Possession of any of the Agents, or In∣struments aforesaid, let the Person in whose possession it is found, be Reputed, and Punish'd as the Author of the said Bock, unless he Produce the Person, or Persons, from whom he Receiv'd it; or else acquit himself by Oath, that he knows neither Directly, nor Indirectly, how it came into his Posses∣sion.

Concerning the Confederacy of Stationers, and Printers, we shall speak anon: but the thing we are now upon, is, singly Printing, and what necessarily relates to it.

One great Evil is the Multiplicity of Private Presses, and Consequently of Printers, who for want of Publique, and warrantable employment, are forc'd either to play the Knaves in Corners, or to want Bread.

The Remedy is, to reduce all Printers, and Presses, that are now in Employment, to a Limited Number; and then to provide against Private Printing for the time to come, which may be done by the Means Following.

First; The number of Printers and Presses being resolv'd upon, let the Number of their Iourny-men, and Apprentices be likewise Limited: and in like manner, the Number of Master-Founders, and of their Iourny-men, and Their Ap∣prentices; all which to be Allow'd of, and Approv'd by such Person or Persons, as shall be Authoris'd for that purpose; neither let any Ioyner, Carpenter, or Smith, pre∣some to work for, or upon any Printing Press, without such Allowance as aforesaid, according to the Direction of the late Act for Printing.

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Secondly, Let all such Printers, Letter-Founders, Joy∣ners, Carpenters, and Smiths, as shall hereafter be Allow'd, as aforesaid, be Respectively and severally Interrogated before their Admittance, in order to the Discovery of Supernumerary Printers and Presses. That is;

1. Let the Printers be Question'd what Private Presses they have at any time wrought upon for so many years last past, and the time When, and For, and with Whom: and what other Printers and Presses they know of at Present, beside These of the present Establishment.

2. Let the Founders be also Examin'd, what Letter they have Furnish'd since such a Time: When and for Whom, and what other Printers &c.—Ut Supra.

3. Let the Joyners, Carpenters, and Smiths be Question'd likewise what Presses they have Erected, or Amended, &c. When, and for Whom? and what other Presses, Printers, &c.—as before.

And if after such Examination it shall appear at any time within so many Months, that any Man has wilfully conceal'd, or Deny'd the Truth, let him forfeit his Employment as a Person not fit to be Trusted, and let the Enformer be taken into his Place if he be capable of it, and desire it; or Else, let him be Rewarded some other way. The same course may be ta∣ken also concerning English Printers and Presses beyond the Seas.

This may serve as the Discovery of Private Printers and Presses already in Employment: Now to prevent un∣derhand-dealing for the Future, and to Provide against certain other Abuses in such as are Allow'd.

First; Let a special care be taken of Card-makers, Lea∣ther-Guilders, Flock-workers, and Quoyf-drawers; ei∣ther by expresly inhibiting their use of such Presses, as may be apply'd to Printing of Books, or by tying them up to the same Termes, and Conditions with Printers; and let no other Tradesman whatsoever presume to make use of a Printing-press, but upon the same conditions, and under the same Pe∣nalties with Printers.

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2ly. Let no Presse or Printing-House be Erected or Lett, and let no Joyner, Carpenter, Smith, or Letter-Founder work for a Printing-House, without notice (accor∣ding to the late Act)

3ly. Let no Materialls belonging to Printing, no Let∣ters ready founded, or cast, be Imported or Bought with∣out the like notice, and for whom (according to the late Act.)

4ly. Let every Master-Printer be Bound at least, if not sworn, not to Print, cause or suffer to be Printed in his House, or Press, any Book or Books without Lawful Li∣cence (according to the late Act.)

5ly. Let no Master-Printer be Allow'd to keep a Press but in his own Dwelling-House, and let no Printing-House be permitted with a Back-dore to it.

6ly. Let every Master-Printer certifie what Warehou∣ses he Keeps, and not Change them without giving Notice.

7ly. Let every Master-Printer set his Name to whatsoever he Prints, or causes to be Printed (according to the late Act.)

8ly. Let no Printer presume to put upon any Book▪ the Title, Marque, or Vinnet, of any other Person who has the Priviledge of Sole Printing the same, without the Consent of the Person so Priviledg'd (according to the late Act) and let no man presume to Print another mans Copy.

9ly. Let no Printer presume either to Re-Print, or Change the Title of any Book formerly Printed, without Li∣cence; or to Counterfeit a Licence, or knowingly to put any mans Name to a Book as the Author of it, that was not so.

10ly. Let it be Penall to Antedate any Book; for by so doing, New Books will be shuffled among Old Ones to the En∣crease of the Stock.

11ly. Let the Price of Books be Regulated.

12ly. Let no Journy-man be Employ'd, without a Certificate from the Master where he wrought last.

13ly. Let no Master discharge a Journy-man, nor Hee Leave his Master, under 14 dayes Notice, unlesse by Consent.

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14ly. Let the Persons employ'd, be of Known Inte∣grity, so near as may be; Free of the sayd Mysteries, and Able in their Trades (according to the late Act.)

But if 60 Presses must be reduc'd to 20, what shall all those People do for a Livelyhood that wrought at the o∣ther 40?

It is provided by the Late Act, that as many of them shall be employ'd as the Printers can find Honest work for, and a sufferance of more, is but a Toleration of the Rest to Print Sedition, so that the Supernumeraryes are in as ill a Condition now, as they will be Then; and yet somthing may be thought upon for their Relief.

There have been divers Treasonous and Seditious Pamphlets printed since the Act of Indemnity; as, The Speeches of the Lare King's Judges; Sir Henry Vane's [Pretended] Tryal; The Prodigies 1 Part and 2. and the Like. Let any of These Necessitous Persons, make known at whose Request, and for whose Behoofe These, or the Like Seditious Libells have been Printed, and they shall not only be Pardon'd for having had a hand in it Themselves, but the first Enformer shall upon Proof or Confession be Recommended to the first Vacancy whereof he is Capable in the New-Regulation, and the Next to the Second, and so successively: And moreover a Fine shall be set upon the Heads of the Delinquents, to be Employ'd toward the Mainte∣nance of so many of the Indigent Printers as shall be Interpreted to Merit that Regard, by such Discovery.

Next to Printing, follows Publishing or Dispersing, which, in and about the Town, is commonly the work of Printers, Stitchers, Binders, Stationers, Mercury-women, Haw∣kers, Pedlars, and Ballad Singers.

Concerning Printers, Stitchers, and Binders; The Penalty may be Double, where the Fault is so: That is; where the same Person (for Example) is found to be both Printer and Disperser of the same unlawful Books, he may be Punished in Both Capacities: of the Rest (the Stationer excepted) lit∣tle needs be said but that they may be Punishable, and the Penalty Suited to the Quality of the Offender.

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The most Dangerous People of all are the Confederate Stationers, and the breaking of That Knot would do the work alone. For the Closer Carriage of their business they have here in the Town, Their Private Ware-Houses, and Receivers.

Let every Stationer certifie, what Ware-Houses he keeps, and not change them without giving notice.

Let the Receivers and Concealers of Unlawful, or Unli∣cens'd Books he Punish'd as the Dispersers of them, unless within 12 houres after such Receipt they give notice to— that they have such Quantityes of Books in their Custody, and to whom they belong.

They hold Intelligence Abroad by the means of Posts, Carryers, Hackny-Coachmen, Boatmen, and Marriners: and for fear of Interceptions they Correspond by False Names, and Private Tokens; so that if a Letter, or Pacquet mis∣carry, people may not know what to make on't. As for the Purpose; so many Dozen of Gloves stands for so many Dozen of Books. Such a Marque for such a Price, &c.

They enter in their Day-Books, only in General terms, such and such Parcells of Books, without naming Particu∣lars.

1. Let every Stationer, living in or about London, be ob∣lig'd to keep a Day-Book of the Particulars of all the Unli∣cens'd Books, and Papers, which he sends, causes or allowes to be sent, by any of the Messengers above-mentioned, into any parts of his Majestyes Dominions; and let him Enter the Names likewise of the Persons to whom he sends them, un∣der a Penalty; if either he be prov'd, to have kept a False Book, or to have Corresponded under a False Name, and let every Stationer elsewhere (i. e. within the Kingdom of England, and Dominion of Wales) be oblig'd to keep a Day-Book likewise, of what Unlicens'd Books, and Papers, he Receives, and from whom, upon the like Penalty.

2. Let no Stationer presume to send, cause or allow to be sent, either by Land, or Water, any Dry-Fatts, Bales, Packs, Maunds, or other Fardells, or Packquets of Printed Books, or Papers, without superscribing them in such sort, that they

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may be known to be Books, together with the Names of the Persons from whom they are sent, and to whom they are Di∣rected: Under peyn of Forfeiting all Parcels of Books that are not so superscrib'd, or otherwise that are advertis'd un∣der False Names.

3. Let every Hackny-Coach-man, Carrier, Boatman, or Mariner, that knowingly Transgresses in the Private Con∣veighance of such Letters or Packquets as aforesaid, be sub∣jected to a Particular Penalty.

Concerning Books Imported. They must be First Prepar'd beyond the 〈◊〉〈◊〉Secondly, conveighed hither; and Third∣ly, Received and Distributed here.

Let the English Printer, Vender, or Utterer of any Books written in the English Tongue, or by an English man, in any Other Tongue and Printed beyond the Seas, to the di∣shonour of his Majestie or of the Establish'd Government, be required to appear from beyond the Seas, by a Certain Day, and under such a Penalty; which if he Refuse, or wilfully fayl to do, Let it be made Penall for any Person Living within his Majestys Dominions, (after sufficient Notice of his such Con∣tempt) to hold any further Correspondence with him, Either by Message, Letter, or otherwise, till he hath given satisfaction for his Offence.

Let a General Penalty be layd upon the Importers of any English Books, whatsoever, Printed beyond the Seas. And so likewise upon the Contracters, for; the Receivers, Con∣cealers, and Dispersers of, any Books whatsoever, Imported in∣to This Realm, and Disposed of without due Authority. It rests now to be Consider'd. First What Books are to be supprest, and Secondly, Into what hands the Care of the Press is to be Committed.

The Books to be supprest are as follows.

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FIrst, All Printed Papers pressing the Murther of the late King.

Secondly, All Printed Iustifications of that Execrable Act.

Thirdly, All Treatises Denying His Majesties Title to the Crown of England.

Fourthly, All Libels against the Person of His Sacred Majesty, His Blessed Father, or the Royal Family.

Fifthly, All Discourses manifestly tending to stirr up the People against the Establish'd Government.

Sixthly, All Positions Terminating in This Treasonous Conclusion, that, His Majesty may be Arraign'd, Iudg'd, and Executed, by his People: such as are These Follow∣ing.

Coordination, The Sovereignty of the Two Houses, or of the House of Commons; or of the Diffusive Body of the People, in Case of Necessity. The Iustification of the Warr Rais'd in 1642. in the Name of King and Parliament. The Defence of the Legality and Obligation of the Covenant. The Separation of the Kings Person from His Authority. The De∣nyal of His Majesties Power in Ecclesiastical Affairs. The Mainteyning that the Long-Parliament is not yet Dissolv'd.

If it be objected that This Looks too farr Back; It may be Answer'd that Persons are Pardon'd, but not Books. But to more Particular Reasons for the Suppressing of Old Pamphlets.

First; It is (with Reverence) a Duty both from his Sacred Majesty and his Parliament, to the Honour, and Memory of the Late King, to deliver the Reputation of That Blessed Mar∣tyr, from the Diabolical Calumnies, and Forgeries, which are yet Extant against his Person, and Government.

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Secondly, It is as much a Duty toward our Present Sove∣reign, of whose Royal Family, and Person, as much Ill is said, and Publish'd, as is possible for the Wit of Man to Utter, or for the Malice of Hell to Invent.

Thirdly, In Relation to Political Ends, and to the security of the Publique, they ought to be supprest: for they do not only Re∣vile, and Slander his Majesties Royal Person, but many of them Disclaim his very Title to the Crown; and Others Sub∣ject his Prerogative, and Consequently his Sacred Life to the Sovereign Power of the People; and this is done too, with all the Advantages of a Pestilent and Artificial Imposture. Now why a Pamphlet should be Allow'd to Proclaim This Treason to the World, which but whispered in a Corner would certainly bring a Man to the Gallows, is not easily Com∣prehended.

Fourthly, It makes the English Nation cheap in the Eyes of the World, to find the Bloud and Virtues of the Late King, appear so little to be consider'd, beside the Hazardous Con∣sequence of Blasting the Royal Cause, and of Discourage∣ing Loyalty to Future Generations, by transmitting the whole Party of the Royallists, in so many Millions of vi∣rulent Libels, to Posterity, for a prostitute Rabble of Villeins, and Traytours.

Fifthly, Those Desperate Libells and Discourses do not only Defame the Government, Encourage and Enrich the Faction, and Poyson the People; but, while They are Permitted, Those Stationers and Printers, that would otherwise be Honest, are forced either to play the Knaves for Company, or to Break: for there's scarce any other Trading for them, but in That Trash. Their Customers will be supply'd, and if they ask for any of these Trea∣sonous Books, they must either Furnish them, or Lose their Custom.

Sixthly, The same Reason that prohibits New Pam∣phlets, requires also the Suppressing of Old ones, (of the same Quality) for 'tis not the Date, that does the Mischief, but the Matter, and the Number. If they be

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Plausible, and Cunning enough to Deceive, and then Numerous enough to Spread, Buchanan, and Knox will do the business as sure as Baxter, and Calamy. Besides that in some Respects, the Old Ones have a great Ad∣vantage of the New: for being Written in times of Free∣dom, and Menag'd by great Masters of the Popular Stile, they speak playner, and strike homer to the Capacity and Humour of the Multitude; whereas they that write in the fear of a Law, are forc'd to cover their Meaning under Am∣biguities, and Hints, to the greater Hazzard of the Libeller, than of the Publique.

Seventhly, They must be supprest, in Order to a Fu∣ture Regulation: for otherwise 'tis but Antedating New Books, and making them pass for Old ones (which may be done with very little Hazzard of Detection) or else, as any Saleable Book grows scarse; tis but Reprinting it with a false Date, and by these Additions, and Re∣cruits, a Stock of Seditious Pamphlets shall be kept in Motion, to the end of the world. In Fine, if they are not fit to be Sold, they are not fit to be kept; for a verbal Pro∣hibition without an Actual Seizure will be rather an Advantage to the Private Trade, then a Hindrance; and bring Profit to the Factious Book-sellers and Printers, that have Copies ly upon their hands, by Enhansing the Prices.

Having already set forth the Quality of those Pam∣phlets that ought to be suppress'd, together with the Necessity of Suppressing Old as well as New; It will now follow properly, that I give some Instances of both sorts upon the foregoing Subjects.

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Instances of Treasonous and Seditious Pamphlets.

I. Against the Life of the Late King.
The Armies Remonstrance from St. Albans, Nov. 16. 1648.

We Propound that That Capital and Grand Author of our Troubles, the Person of the King, may be speedily brought to Justice, for the Treason, Bloud, and Mischief He is Guilty of.

God's Delight in the Progress of the Vpright.

Have ye not sins enough of your own, but will ye wrap your selves up, in the Treachery, Murder, Bloud, Cruelty and Tyranny of others? P. 17. Set some of those Grand Ma∣lefactors a Mourning, (that have Caus'd the Kingdom to Mourn so many years in Garments Roll'd in Bloud) by the Execution of Justice, &c. P. 19.

II. In Justification of Putting His Late Majesty to Death.
The Speeches and Prayers of some of the Late King's Iudges.

That men may see what it is to have an Interest in Christ in a Dying hour, and to be Faithful to his Cause.

I look upon it [the Murther of the King] as the most Noble and high Act of Justice that our Story can Pa∣rallel. P. 41.

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Mercurius Politicus.

That Heroick and most Noble Act of Justice, in Judg∣ing and Executing the Late King—An Act Agreeing with the Law of God, Consonant to the Laws of Men, and the Practices of all well order'd States and King∣domes. P. 784.

Charles the First was Executed a Tyrant, Traytor, Mur∣therer, and a Publique Enemy to the Nation. P. 1032.

III. Against the Title of the Royal Family to the Crown of England.
Mercurius Politicus.

Playing the second Part of Perkin Warbeck, who once Invaded the North after the same manner, with a Crew of Sects at his Heels, and had every Jot as good a Title as Himself, or as his Predecessor Henry the 7th.

We had a sufficient Reason to lay aside this Bastard Race of Usurpers and Pretenders, if it were for no other Cause, but the Meer Injustice and vanity of their Title.

We have cause to Cut off this Accursed Line of Tyran∣ny, Bloud, and Usurpation.

The False Brother.

The Parliament having wisely Chang'd the Government to a Common-wealth, and Cut off that hereditary Usur∣pation of Monarchy, which was never either justly Begun, or Continued. P. 34.

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a The Rise, Reign, and Ruine of the House of Stuarts.
b The true Pourtraiture of the Kings of England.

It is high time now to End that Line that was never either well Begun, or Directly Continued. P. 42.

A Short Reply, &c. together with a Vindication of the Declaration of the Army of England.

Touching the Right of This King's Inheritance, We af∣firm it not only to be none Originally, without the Con∣tent of the Nation; but also, to be justly Forfeited, by his Own, and Father's Destructive Engagements against the Common-wealth, and therefore we know not of any Duty, we Owe him, more than to any other engaged Enemy of the Land.

IV. Treasonous, Malicious, and Scandalous Libels against the Person of his most Sacred Majesty and the Royal Family.
Plain English.

What hope that the Reformed Religion will be pro∣tected and Maintained, by the Son, which was so Irrell∣giously betray'd by the Father?

A Door of Hope.

C. S. the Son of That Murtherer, is Proclaimed King of England, Whose Throne of Iniquity is built on the Bloud of Precious Saints and Martyrs.

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The Case of King Charles.

The Murtherers of our Saviour were less Guilty than that Prince.

An English Translation of the Scottish Declaration.

Let Justice and Reason blush, and Traytors and Mur∣therers, Parricides, and Patricides, put on white Gar∣ments, and Rejoyce as Innocent ones, if This Man [the late King] should escape the hands of Justice and Punish∣ment.

An Implacable and Gangren'd Person.

A Butcher rather than a Prince of Bowels and Affection.

[Charles the 2d] the Son of a Blondy Father, Heir to an Entayl'd Curse, more certain than to his Kingdom, Train'd up in Bloud, and one that never suck'd in any other Principles but Prerogative and Tyranny.

The None-such Charles.

[Charles the First] rather chose to submit to the Justice of an Axe in a Hang-mans hand, than to sway a Scepter with Equity.

This Age knows what such a Tyrant was, in not feeling his force any more upon their Throats.

A True State of the Case of the Common-wealth.

That Accursed Interest;— a Family that God has cast out before us;—that has worn the marques and badges of Gods high displeasure for almost these Hundred years, P. 47. The Person of the young Pretender, is a son of Blond, &c. P. 48.

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Mercurius Britanicus.

If any man can bring any tale or tiding of a wilfull King, which hath gone astray these four years from his Parlia∣ment, with a Guilty Conscience, Bloudy Hands, a Heart full of broken Vowes and Protestations, &c. P. 825.

V. Pamphlets tending manifestly to stir vp the People against his Sacred Majesty, and the Establish'd Government.
God's Loud Call.

Oh! Worm! Darest thou be so impudent to put thy self in Gods stead, to meddle with mens Consciences, and Lord it in Religious Concerns?

Smectymnuus Redivivus.

The Plastring or Palliating of these Rotten Members [Bishops] will be a greater Dishonour to the Nation and Church, than their Cutting off, and the Personal Acts of These Sons of Belial, being Conniv'd at, become National Sins.

The Root of these Disorders, (viz.) Popery, Super∣stition, Arminianism, and Prophaneness) proceedeth from the Bishops, and their Adherents [whereof the King is One.]

A Sermon Preached at Aldermanbury-Church, Dec. 28. 1662.

The tongue of Man is not able to express the Misery of that Nation, where the Ark of God is Taken [P. 8.]: and

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the Ark of God is in This Instant in Danger of being Lost, [P. 11.] We have lost our first Love to the Gospel, and to the Ordinances, [ibid.] Abundance of Priests and Jesuits are in the midst of us, and Popery preach'd amongst us. But where are our old Eli's now? our Moses's? our Elijahs? our Vriahs?

Animadversions upon the Bishop of Worcesters Letter.

We may lawfully refuse to submit unto such Impositions as God hath no where commanded.

The Year of Prodigies.

Amongst the Hellish rout of Prophane and ungodly men, let especially the Oppressors and Persecutors of the True Church look to themselves, when the hand of the Lord, in strange Signs and Wonders is lifted up among them; for —The final overthrow of Pharaoh and the Aegyptians (those cruel Task-masters and Oppressors of the Israe∣lites) did bear date not long after the Wonderfull and Prodigious Signs which the Lord had shewn in the midst of them.

A Word of Comfort.

The Church of God appears in his Cause, and loseth Bloud in his Quarrel. [P. 8.]

Is not God upon the Threshold of his Temple, ready to fly? Are not the shadowes of the Evening stretched out? and may we not fear the Sun-setting of the Gos∣pel? P. 30.

The Lord may let his Church be a while under Hatches, to punish her Security, and to awaken her out of her slumbering fits; yet surely the storm will not continue long.

Page 17

A Dispute against the English-Popish Ceremonies.

Be not deceiv'd to think that they who so eagerly press this Course of Conformity, have any such end as Gods Glory, or the Good of his Church, and Profit of Reli∣gion. P. 9.

Let not the Pretence of Peace, and Unity, cool your fervour, or make you spare to oppose your selves, unto those Idle and Idolized Ceremonies, against which we dispute. P. 11.

Instances of Pamphlets containing Treaso∣nous and Seditious POSITIONS.

VI. The Three Estates are Co-ordinate, and the King one of the Three Estates.
Baxters Holy Common-Wealth.

The Soveraignty here among us is in King, Lords, and Commons. P. 72.

Parliament-Physick for a Sin-sick Nation.

The Government of England is a Mixt Monarchy, and Govern'd by the Major part of the Three Estates Assem∣bled in Parliament.

Ahabs Fall, with a Post-script to Dr. Fern.

The Houses are not only Requisite to the Acting of the Power of making Lawes, but Co-ordinate with his Ma∣iestie in the very Power of Acting.

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VII. The Soveraignty is in the Two Houses, in Case of Necessity.
The Peoples Cause stated, in the [Pretended] Tryal of Sir Henry Vane.

The Delegates of the People in the House of Commons, and the Commissioners on the Kings Behalf in the House of Peers, concurring; do very far bind the King, if not wholly,—And when These cannot Agree, but break one from another, the Commons in Parliament Assembled, are, ex Officio,☞ the Keepers of the Libertys of the Nati∣on, and Righteous Possessors, and Defenders of it against all Usurpers and Usurpations whatsoever.

Observations upon his Majesties Answers, &c.

Parliaments may Judg of Publique Necessity without the King (if Deserted by the King) and are to be ac∣compted, by Virtue of Representation, as the whole Body of the State.

Right and Might well met.

Whensoever a King or other Superiour Authority cre∣ates an Inferiour, they Invest it with a Legitimacy of Ma∣gistratical Power to punish Themselves also, in Case they prove Evill-Doers.

Page 19

VIII. The Power of the King is but Fiduciary; and the Duty of the Subjects but Condi∣tional.
Ius Populi.

Princes Derive their Power and Prerogative from the People, and have their Investitures meerly for the Peo∣ples Benefit.

Vindiciae contra Tyrannos.

If the Prince fail in his Promise, the People are Exempt from their Obedience, the Contract is made Voyd, and the Right of Obligation is of no Force— It is therefore permitted to the Officers of a Kingdome, either All or some good Number of them, to suppress a Tyrant.

The Tenure of Kings and Magistrates

—Proving that it is Lawful for any who have the Pow∣er, to call to Account a Tyrant, or wicked King, and af∣ter due Conviction to depose, and put him to Death, if the ordinary Magistrate have Neglected, or Deny'd to doe it.

IX. The King is Singulis Major, Universis Minor.
A Declaration of the Lords and Commons touching the Four Bills.

It is the Kings Duty to pass all such Lawes, as Both

Page 20

Houses shall Judg good for the Kingdom: Upon a sup∣position, that they are good, which by them are Judg'd such.

De Monarchiâ Absolutâ.

Detrahere Indigno Magistratum etsi Privati non debe∣ant; Populus tamen Universus quin possit, nemo, opinor, dubitabit. P. 9.

Thorps Charge to the Grand-Iury at York, March 20. 1648.

Kings are Accountable to the People, I do not mean to the Diffused humours and fancyes of particular men in their single and natural Capacities; but to the People in their Politique Constitution, lawfully Assembled by their Representative. P. 3. 1649.

X. The Kings Person may be Resisted but not His Authority.
Lex Rex.

He that Resisteth the King, commanding in the Lord, Resisteth the Ordinance of God. But he who Resisteth the King, Commanding that which is against God, Resist∣eth no Ordinance of God; but an Ordinance of Sin and Sathan. P. 267.

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XI. The King has no Power to Impose in Ecclesi∣astical Affairs.
The Great Question.

I hold it utterly Unlawful for any Christian Magistrate to Impose the Use of Surplices in Preaching, Kneeling at the Sacrament, Set-Forms of Prayer, &c.

When once Humane Inventions become Impositions, and lay a Necessity upon that which God hath left Free; then may we lawfully Reject them, as Plants of Mans set∣ting, and not of Gods owning.

XII. The Parliament of November 3d. 1640. is not yet Dissolv'd.
The Peoples Cause Stated in the [Pretended] Tryall of Sir Henry Vane.

How and when the Dissolution of the Long-Parlia∣ment (according to Law) hath been made, is yet Unascer∣tain'd, and not particularly Declar'd: by reason where∣of, (and by what hath been before shew'd) the state of the Case on the Subjects part, is much altered, as to the Matter of Right, and the Usurpation is now on the other hand.☞

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XIII. The Warre Rais'd in 1642. in the Name of King and Parliament was Lawful.
Baxters Holy Common-Wealth.

I cannot see that I was mistaken in the main Cause, nor dare I repent of it, nor forbear the same, if it were to do again in the same State of things—And my Judgment tells me, that if I should do otherwise, I should be Guilty of Treason or Disloyalty against the Soveraign Power of the Land, and of Perfidiousness to the Common-Wealth.

The Form and Order of the Coronation of Charles the Se∣cond.

A King abusing his Power to the overthrow of Religi∣on Lawes and Liberties—may be Controll'd and Op∣pos'd. This may serve to Justifie the Proceedings of this Kingdome against the Late King, who in an Hostile way set himself to overthrow Religion, Parliaments, Lawes, and Liberties.

XIV. The Covenant is Binding.
A Phoenix: or, the Solemn League and Covenant.

The breaking of our National Covenant is a Sin in Fo∣lio, a Sin of a high Nature—a greater sin, then a sin a∣gainst a Commandement, or against an Ordinance, a sin not only of Disobedience, but of Perjury, a sin of Inju∣stice

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a spiritual Adultery, a sin of Sacriledge, a sin of great unkindness. P. 158.

Two Papers of Proposals.

The Covenant does undoubtedly Bind us to forbear our own Consent to those Luxuriances of Church-Go∣vernment which we there Renounced, and for which no Divine Institution can be pretended.

A Short Survey of the Grand Case, &c.

Some say, the Terms are Dubious, if not false, it being indefinitely asserted, It is not lawful to take Arms against the King on any Pretence whatsoever,—Although Our King is, and WE HOPE, EVER WILL BE, so qualified, that in reference to Him, it MAY be true; yet it is not Impossible for a King Regis Personum exuere; in a Natural, or MORAL Madness, or Phrensie, to turn Tyrant, yea Beast, Waiving his Royal Place, violently, extrajudi∣cially, extramagisterially to assault his Subject, as Saul did David: In this Case, men think Nature doth Dictate it, and Scripture doth justifie a Man, se defendendo vim vi repellere, to take Arms, though by rallying the Men of Belial, not to Restst, yet to Restreyn, the King, and those who are Commissioned by him, until they make good their Retreat, and more safely run out of his reach.

To some it foundeth harsh to declare it a Trayterous Position to take Arms by the Kings Authority, against the Kings Person, or those Commissioned by him— for if some Russians should (which God defend) seize the Person of a King, he is a Man, from whom Commissions may be by fear extorted, whereby true Loyalty must be on their side, and Treason on the part of the Kings Coun∣cil, Kindred, and Ministers of State, if Arming against his Person, by his Authority though on such a Pre∣tence.

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The Convincing Demonstration that there lyes no Ob∣ligation on me, nor any other Person, from the Oath commonly called the Solemn League and Covenant, is a Knot cut by the Sword of Authority, whilst it cannot be loosed by Religious Reason.

We are Expectants of God's avengement of the Cove∣nant now it hath been taken,—We do not, cannot, will not Declare, the Covenant doth not oblige me or any other person to endeavour our alteration of the Govern∣ment in the Church.

I could add More, and Worse to the Instances already given, but these shall suffice for a Taste. The Question is now, By whom, the Government and Oversight of the Press is to be undertaken, and the Contest lyes at present betwixt the Booksellers and Printers, which although Concorporate by an Ancient Grant, are in this point become Competitors; and since they have divided Themselves, they shall be here likewise distinctly considered.

The Stationers are not to be entrusted with the care of the Press, for These following Reasons.

First, They are both Parties and Iudges; for diverse of them have brought up Servants to the Mystery of Printing which they still retein in Dependence: Others again are both Printers and Stationers, Themselves; so that they are Entrusted (effectually) to search for their own Copies; to Destroy their own Interests; to Prosecute their own Agents, and to Punish Themselves: for they are the Principal Au∣thors of those Mischiefs which they pretend now to Re∣dress, and the very Persons against whom the Penalties of this Intended Regulation are chiefly Levell'd.

2ly. It is not Adviseable to Rely upon the Honesty of People (if it may be Avoided) where That Honesty is to their Loss: Especially if they be such as have already gi∣ven Proof that they prefer their Private Gayn before the

Page 25

Well-fare of the Publique: Which has been the Stationer's case throughout our Late Troubles, some few Excepted, whose Integrity deserves Encouragement.

3ly. In this Trust, they have not only the Temptation of Profit, to divert them from their Duty (a fair part of their stock lying in Seditious Ware) but the Means of Trans∣gressing with great Privacy, and Safety: for, make Them Overseers of the Press, and the Printers become totally at their Devotion; so that the whole Trade passes through the fingers of their own Creatures, which, upon the matter, concludes rather in a Combination, then a Remedy.

4ly. It seems a little too much to Reward the Abusers of the Press with the Credit of Superintending it: upon a Confidence that They that Destroy'd the Last King for their Benefit, will now make it their businesse to Preserve This to their Loss.

5ly. It will cause a great Disappointment of Searches, when the Persons most concern'd shall have it in their Power to spoyl all, by Notices, Partiality, or Delay.

6ly. As the Effectual Regulation of the Press is not at all the Stationers Interest, so is it strongly to be suspected that it is as little their Aym: for not One Person has been Fin'd, and but one Prosecuted, (as is credibly Affirm'd) since the Late Act, notwithstanding so much Treason and Sedition Printed and disperst since That time.

7ly. It is enjoyn'd by the Late Act that no Man shall de Admitted to be a Master-Printer, untill They who were at that time Actually Master-Printers, shall be by Death or otherwise reduc'd to the Number of Twenty: which Provision notwithstanding, Several Persons have since that time been suffer'd to set up Masters; which gives to understand that the reducing of the Presses to a Limited Number is not altogether the Stationers Pur∣pose.

Page 26

The Printers are not to be Entrusted with the Go∣vernment of the Press.

First, All the Arguments already Objected against the Stationers hold good also against the Printers, but not fully so strong. That is, they are both Partyes, and Iudges. Self-ended, (upon Experiment) under the Temptation of Pro∣fit. Offenders as well as the Stationers; and in all Abuses of the Presse, confederate with them. Beside, They will have the same Influence upon Searches; and they have probably as little Stomack to a Regulation, as the other. 'Tis true; the Printers Interest is not so Great as the Stationers; for where Hee gets (it may be) 20 or 25 in the 100 for Prin∣ting an Unlawful Book, the Other Doubles, nay many times, Trebles his Mony by selling it: Yet neverthelesse the Printer's Benefit lyes at stake too.

2dly. It were a hard matter to Pick out Twenty Master-Printers, who are both Free of the Trade, of Ability to Menage it, and of Integrity to be Entrusted with it: Most of the Ho∣nester sort being impoverished by the Late Times, & the great business of the Press being Engross'd by Oliver's Creatures.

But, They Propose to Undertake the Work upon Con∣dition to be Incorporate. That is; to be Disengaged from the Company of Stationers, and to be made a Society by Them∣selves. It may be Answered that it would be with Them, as 'tis with Other Incorporate Societies: They would be True to the Publique, so far as stands with the Particular Good of the Company. But Evidently Their Gain lyes the other way: and for a State to Erect a Corporation that shall bring so great a Danger upon the Publique, and not one Peny into the Treasury, to Ballance the Hazzard, were a Proceeding not ordinary.

But they Offer to give Security, and to be Lyable to Fines. Let That be done, Whether they be Incorporate, or no. In case of Failer, they'll be content to lose their Priviledges. What signifies That, but only a Stronger Obligation to a

Page 27

Closer Confederacy? 'Tis True, The Printers in a Distinct and Regulated Society may do some good as to the Gene∣ral Business of Printing, and within the Sphere of that Particular Profession: but the Question is Here, how to Prevent a Publique Mischief, not how to Promote a Private Trade. But are not Printers the fittest Instruments in Searches? They are, without Dispute, Necessary Assistants, either for Retriving Conceal'd Pamphlets, or for Examina∣tion of work in the Mettle, but whether it be either for the Honour, or Safety, of the Publique, to Place so great a Trust in the Hands of Persons of that Quality, and Interest, is submitte'd to better Judgments.

To Conclude; both Printers, and Stationers, under Co∣lour of Offering a Service to the Publique, do Effectually but Design One upon another. The Printers would beat down the Book-selling Trade, by Menaging the Press as Them∣selves please, and by working upon their own Copies: The Stationers, on the other side, They would Subject the Prin∣ters to be absolutely Their Slaves; which they have Effected in a Large Measure already, by so encreasing the Number, that the One Half must either play the Knaves, or Sterve.

The Expedient for This, must be some way to Disengage the Printers from that Servile and Mercenary Dependence upon the Stationers, unto which they are at present subject∣ed. The True State of the Business being as follows.

First, The Number of Master-Printers is computed to be about 60. whereas 20. or 24. would Dispatch all the Honest work of the Nation.

2dly. These Sixty Master-Printers have above 100 Appren∣tices (That is; at least 20 more then they ought to have by the Law.)

3dly, There are, beside Aliens, and those that are Free of other Trades, at least 150 Iourny-Men, of which Number, at least 30. are superfluous; to which 30. there will be ad∣ded about 36. more, beside above 50. Supernumerary Appren∣tices, upon the Reduction of the Master-Printers to 24. So that upon the whole Reckoning, there will be left a Matter

Page 28

of 60. Iourny-men, and 50. Apprentices, to Provide for, a part of which Charge might very reasonably be laid upon those that either Bound or Took any of the said Number, as Apprentices, contrary to the Limitation set by Authority.

These Supernumerary Printers were at first Introduced by the Book-sellers, as a sure way to bring them both to their Prices, and Purposes; for the Number being greater then could honestly Live upon the Trade, the Printers were Enforc'd either to Print Treason, or Sedition, if the Stati∣oner Offered it, or to want Lawful Work, by which Necessi∣ty on the one side, and Power on the other, the Combinati∣on became exceeding Dangerous, and so it still Continues; but how to Dissolve it, whether by barely Dis-incorpora∣ting the Company of Stationers, and subjecting the Printers to Rules apart, and by Themselves; or by Making them Two Distinct Companies, I do not Meddle.

This only may be Offer'd, that in Case Those Privileges and Benefits should be Granted, to both Stationers, and Prin∣ters, which they themselves desire in point of Trade; yet in regard that several Interests are Concern'd, That of the Kingdom on the one side, and only That of the Companies on the other; It is but reason that there should be several Su∣per-intending Powers, and that the smaller Interest should give place, and be Subordinate to the Greater: That is, The Ma∣ster, and Wardens, to Menage the Business of their Respe∣ctive Trade, but withall, to be Subjected to some Superior Officer, that should over-look them Both on behalf of the Publique.

As the Powers of Licencing Books, are by the Late Act vested in several Persons, with regard to the several Sub∣jects Those Books treat of; so may there likewise be seve∣ral Agents Authoris'd and Appointed for the Care of the Press, touching These several Particulars, under the Name, and Title of Surveyors of the Press: and every distinct Sur∣veyor to keep himself strictly within the Limits of his own Province. As for Example.

Page 29

First, The Lord Chancellour, or Lord Keeper of the Great Seal of England for the time being, the Lords Chief Iustices, and Lord Chief Baron for the time being, or One or More of them, are specially Authoris'd to License, by Them∣selves, or by their Substitutes, all Books concerning the Common Laws of This Kingdom.

Let there be one Surveigher of the Press Constituted peculiarly for That Subject.

2dly. All Books of Divinity, Physique, Philosophy, or what∣soever other Science, or Art, are to be Licens'd by the Lord Archbishop of Conterbury, and Lord Bishop of London, for the time being, or one of them, or by their, or one of Their Appointments, or by either one of the Chancellours, or Vice-Chancellours of either of the Universities, for the time being.

Let Three Other Surveighers of the Press be likewise Authorized for These Particulars.

3dly. All Books concerning Heraldry, Titles of Honour, and Arms, or Concerning the Office of Earl-Marshall, are to be Licens'd by the Earl-Marshall for the time being; or in case there shall not then be an Earl. Marshal, by the Three Kings of Arms or any Two of them, whereof Garter to be One.

This is to be the Subject of Another Surveigher's Care.

4thly. Books of History, Politiques, State-Affairs, and all other Miscellanies, or Treatises, nor comprehended un∣der the Powers before-mentioned, fall under the Juris∣diction of the Principal Secretaries of State, to be Allow'd by Themselves, or one of them, or by their, or one of their Appointments.

The Care of the Press concerning These Particulars may be another Surveighers Business. So that six Persons may do the whole work, with good Order, and Security.

Page 30

Three Substitutes for the Bishops; and Chancellours, and One a piece for the Rest.

A world now touching the Encouragements of these Officers; and Then concerning Penalties to be Inflicted upon Offenders, and Rewards to be Granted to Enformers.

The Inward Motive to all Publique and Honourable Actions must be taken for granted, to be a Principle of Loyalty, and Iustice: but the Question is here concerning Outward Encouragements to This Particular Charge. There must be Benefit, and Power. Benefit; that a man may Live Honestly upon the Employment: and Power; for the Credit, and Exe∣cution of the Trust.

The Benefit must arise partly from some Certain, and stand∣ing Fee; and in Part, from Accessary, and Contingent Advan∣tages, which will be but Few, and Small, in Proportion to the Trouble and Charge of the Employment: for there must be, First; A Constant Attendance: and a Dayly Labour in hunting out, and over-looking Books, and Presses: and Secondly, A Contiual Expense, in the Enterteynment of Instruments for Discovery, and Intelligence; which being de∣ducted out of the Pittances of Licences, and Forfeitures, will leave the Surveigher a very small Proportion for his Peyns.

The next thing is a Power to Execute; without which, the Law is Dead, and the Officer Ridiculous.

Now concerning Penalties and Rewards.

1. The Gayn of Printing some Books, is Ten times Greater, if they Scape, then the Loss, if they be Taken: so that the Damage bearing such a disproportion to the Profit, is rather an Allurement to Offend, then a Discourage∣ment.

2. As the Punishment is too small, for the Offender; so is the Reward also, for the Enformer: for reckon the Time, Trouble, and Money, which it shall cost the Prosecutour to Recover his Allotment, he shall sit down at last a Loser by the Bargain: and more then That, he loses his Credit, and Employment, over and Above, as a Betrayer of his Fel∣lows;

Page 31

so great is the Power and Confidence of the Delinquent Party.

The way to help This, is, to Augment both the Punish∣ment, and the Reward; and to Provide that the Inflicting of the One, and the Obteyning of the Other, may be both Easie, and Certain: for to Impose a Penalty, and to leave the way of Raysing it, so Tedious, and Difficult, as in This Case hitherto it is; amounts to no more then This: If the Enformer will spend Ten Pound 'tis possible he may Recover Five: and so the Prosecuter must Impose a greater Penalty upon Himself, then the Law does upon the Offender; or Else all comes to Nothing.

An Expedient for this Inconvenience is highly Neces∣sary; and Why May not the Oath of One Credible Witness or More, before a Master of the Chancery, or a Iustice of the Peace, serve for a Conviction. Especially the Person Accused being Left at Liberty before such Oath taken, either to Appeal to the Privy-Council, or to abide the De∣cision.

Now to the several Sorts of Penalties. and to the Ap∣plication of them.

The Ordinary Penalties I find to be These; Death, Mu∣tilation, Imprisonment, Banishment, Corporal Peyns, Disgrace, Pecuniary Mulcts: which Penalties are to be Apply'd with regard to the Quality of the Offence, and to the Condition of the Delinquent.

The Offence is either Blasphemy, Heresie, Schism, Trea∣son, Sedition, Scandal, or Contempt of Authority.

The Delinquents are the Advisers, Authors, Compilers, Writers, Printers, Correcters, Stitchers, and Binders of un∣lawful Books and Pamphlets: together with all Publishers, Dispersers and Concealers of them in General: and all Stati∣oners, Posts, Hackny-Coachmen, Carryers, Boat-men, Mariners. Hawkers, Mercury-Women, Pedlers, and Ballad-Singers so of∣fending, in Particular.

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Penalties of Disgrace ordinarily in Practice are Many, and more may be Added.

Pillory, Stocks, Whipping, Carting, Stigmatizing, Disable∣ment to bear Office, or Testimony. Publique Recantation, stand∣ing under the Gallows with a Rope about the Neck, at a Pub∣lique Execution. Disfranchisement (if Free-men) Cashiering (if Souldiers,) Degrading (if Persons of Condition), Wear∣ing some Badge of Infamy: Condemnation to Work either in Mines, Plantations, or House of Correction.

Under the Head of Pecuniary Mulcts, are Comprehend∣ed, Forfeitures, Confiscations, Loss of any Beneficial Office, or Employment, Incapacity to hold or enjoy any: and Finally, all Damages accruing, and Impos'd, as a Punishment for some Offence.

Touching the Other Penalties before-mention'd, it suffices only to have Nam'd them, and so to Proceed to the Ap∣plication of them, with respect to the Crime, and to the Offender.

The Penalty ought to bear Proportion to the Malice, and Influence of the Offence, but with respect to the Offender too: for the same Punishment (unless it be Death it self) is not the same Thing to several Persons; and it may be proper enough to Punish One Man in his Purse, Ano∣ther in his Credit; a Third in his Body, and All for the same Offence.

The Grand Delinquents are, the Authors or Compilers, (which I reckon as all One) the Printers, and Stationers.

For the Authors, nothing can be too Severe, that stands with Humanity, and Conscience. First, 'tis the Way to cut off the Fountain of our Troubles. 2dly. There are not many of them in an Age, and so the less work to do.

The Printer, and Stationer, come next, who beside the Common Penalties of Mony, Loss of Copies, or Printing-Ma∣terials, may be Subjected to These further Punishments.

Let them Forfeit the Best Copy they have, at the Choice of that Surveigher of the Press, under whose Cognisance the Offence lyes; the Profit whereof the said Officer shall

Page 33

see Thus Distributed One Third to the King, a Second to the Enformer, reserving the Remainder to himself.

In some Cases, they may be condemn'd to wear some vi∣sible Badge, or Marque of Ignominy, as a Halter instead of a Hat-band, one Stocking Blew, and another Red; a Blew Bonnet with a Red T or S. upon it, to Denote the Crime to be Ei∣ther Treason, or Sedition; and if at any time, the Person so Condemn'd, shall be found without the said Badge, or Marque, During the time of his Obligation to wear it, let him Incurre some further Penalty, Provided only, that if within the said time, he shall discover and seize, or cause to be Seized any Author, Printer, or Stationer, Liable at the time of That Discovery and Seizure to be Proceed∣ed against, for the Matter of Treasonous, or Seditious Pam∣phlets, the Offender aforesaid shall from the time of that Discovery be Discharg'd from wearing it any Longer.

This Proposal may seem Phantastique at first sight; but certainly there are Many Men who had rather suffer any other Punishment then be made Publiquely Ridiculous.

It is not Needful here to run through every Particular, and to Direct, in What Manner, and to What Degree, These, and Other Offenders in the like kind shall be Punish'd, so as to Limit, and Appropriate, the Punishment: but it shall suffice, having Specifi'd the several Sorts of Offenders, and Offences; to have laid down likewise the several Species of Penalties, Sortable to every Man's Condition, and Crime.

Concerning Rewards, something is said already, and I shall only Add for a Conclusion, that they are every jot as Necessary as Punishments; and ought to be various, according to the Several Needs, Tempers, and Qualities of the Persons upon whom they are to be Conferr'd. Mony is a Reward for One; Honour for Another: and either of these Misplac'd, would appear rather a Mockery, than a Benefit.

The End.

Notes

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