A mite of affection, manifested in 31. proposals, offered to all the sober and free-born people within this common-wealth; tending and tendred unto them for a settlement in this the day and hour of the vvorlds distraction and confusion.

A MITE of AFFECTION manifested in 31. Proposals, offered to all Sober and Free-born People within this Common-wealth; Tending, and tendred unto them for a Settlement, in this the day and hour of the worlds Distraction and Confusion.

_1. FIrst, that the Magistrate have no Coersive power whatsoever, in matters of Religion, Faith, or Worship; but that all persons within the Dominions of this Common-wealth, professing Faith in Christ Jesus, shall have full and free Liberty of the Exer∣cise of his or their consciences, in matters of Faith towards God, to all intents without any restriction whatsoever, though of different perswasions as aforesaid; and that none be seclu∣ded from peaceably inhabiting within the dominions of this Common-wealth, who believe in the Eternal, and Ever-living God. And that no person shall upon any pretence whatsoever be imprisoned, or undergoe any manner of punishment for the ex∣ercise of their conscience towards God: And that all such as are so imprisoned, be forthwith released, and freely set at liberty; And that no person or persons whatsoever, within this Com∣mon-wealth, be forced or constrained by any Law made, or to be made, by any power, pretence, or pretences whatsoever, to up∣hold, or pay towards the maintenance of any Minister, publick or private Preacher, in any kind whatsoever; but that every one be left to his own liberty therein, to do as seemeth him good, and not to be forced to pay to any person whom he neither hires, hears, nor sets at work; knowing this to be equal in the sight of God, and just men.

2. Secondly, That none be compelled to swear, or take an Oath against their conscience, it being contrary to the expresse command of Christ, who saith, swear not at all; but that the same punishment be inflicted on him that shall speak falsely (co∣zen,

cheat) or bear false witnesse in any case whatsoever, as if he sware falsely; proportioning his punishment that shall do so, as he thought to have punished the other by his false Testimo∣ny and Witnesse, which is equal, the Law being for the law∣lesse and disobedient.

3. That no person or persons within the Dominions of this Common-wealth (who are not subservient to a foreign State) nor have forfeited their Liberty by Delinquency, or having a hand in any of the late Plots, or Rebellions against the Com∣mon-weealth, be secluded from any publick trust, or place of trust, either in Parliament, Councel, Army, or other Judica∣tures, or place of Trust whatsoever, within the Dominions of this Common-wealth.

4. Fourthly, That no person or persons whatsoever, who have persecuted any for their conscience, or committed any to prison for their conscience, shall be capable of electing, or being elected into any place of Trust within the dominions of this Common∣wealth, till a farther manifestation be given of his or their good affection towards the people of God, and equall and just Liberty of every individual person, though of different perswasions, with∣in the Dominions of this Common-wealth.

5. Fifthly, That no person or persons whatsoever, be tryed for Life, Limb, Liberty, or Estate, but by a Jury of twelve men of the Neighbour-hood, or others who shall well know each other, reserving the right of just exception against any Judge, Jury-man, or Witnesse, if any justly can be made; And that no person or persons whatsoever, now residing or happening to be within the Dominions of this Common-wealth, shall be condem∣ned to death, or adjudged to pay any Mulct, Fine, or undergoe any penalty, or corporal punishment, or suffer any prejudice whatsoever, but by known and lawful witnesses, being produ∣ced face to face, or any other way destroyed, in priviledge, Liberty or Estate, but by witnesses as aforesaid; the which is according to the Declaration of the holy men of God recorded in the Scrip∣ture of Truth.

6. Sixthly, That all servile Tenures or Copy-holds within this Common-wealth, being the badge or yoke of the Conquest, be thorowly considered, and made consistent with the well being of a firm Common-wealth; due regard being had to every mans just propriety.

7. Seventhly, that no person whatsoever within this Com¦mon-wealth, nor the Dominions thereof, be put to death for Theft, but be forced to labour with their own hands, till such time, that he or she so offending the just Law of God and man, hath restored to the party wronged 2, 3, or 4. fold, or otherwise sold for their Theft, till satisfaction be made to the person wronged as aforesaid. But he that spills mans blood, by man let his blood be spilt.

8. That the whole Law, and all proceedings in Law whatsoe∣ver, within this Common-wealth, be forthwith removed into each County, Wapentake, Hundred, or Town (commonly called Parishes) and that all unrighteous Patents given forth by the late Kings, and others who have called themselves Rulers of this Common-wealth, be forthwith called in, repealed, and made void; And that there be one and the same just Laws holding, and Tenure made, and given forth to all the people residing within this Common-wealth; and to the end that they may be truly known to every individual person, let the Law be printed, that every one may know that Law, which he is to be subject to, to the intent that no man may be condemned by a Law he neither knowes, nor ever heard of, nor understands; neither indeed can he, when as it lyes in the brest of other men: And further, that so much of that Law may be read to every person (called or sum∣moned before any Judicature) as concerns the person or persons so summoned, as aforesaid.

9. That Courts of Record be firmly setled in each County within this Common-wealth, with honest Judges, empowered finally to hear and determine of all Causes that shall arise within each County respectively within this Common-wealth, it being for the benefit and good of the faithful Denizens within this Common-wealth.

And likewise, that all manner of Bonds, Bills, Obligations, Leases, Deeds, Bequeathments, Assignments, Deeds of Gift, Do∣nations, Wills and Testaments, Contracts, Bargains, and Sales of Lands, Tenements, Seising and Seizures, Mortgages, Pledges, Pawns, or other dispositions & transactions whatsoever, from five pounds downwards to 5. shillings, if the party or parties borrow∣ing and lending, contracting, Leasing, & selling, or any otherwise bargaining, as is aforesaid, or can be said, shall desire the same, to twenty thousand pounds and upwards, without limitation,

be recorded in each County; That is to say, in the Court to be erected: and is hereby declared fit to be erected; to wit, one in the Shire Town of each County, Hundred, Ryding, Wapen∣tack; and also that two persons be appointed to be forthwith in each Parish throughout the Common-wealth, freely chose of the same Inhabitants, to take, receive, and keep for the present, and at the present making of any Bargain, entring into Articles, Contract, or other dispositions whatsoever; or any thing for the firm holding inviolably of all things relating to mine and thine, (made, and to be made) and forthwith; that is to say, within for∣ty eight houres, to have, and see the same recorded in the County, Hundred, Ryding, or Wapentack Court, as aforesaid; And that any Deed, Contract, Bargain, Will, Testament, or other Deeds▪ or Writings whatsoever, that shall tend to the well being, and firm holding, keeping, and defending of me in mine, and thee in thine, (as a free-man of England) being delivered before two lawful witnesses, to the party or parties so appointed to be chosen by the Free-holders, Tradesmen, or other occupi∣ers of Land within the said Parish, shall be as binding to all in∣tents and purposes whatsoever, in the mean while, till it be re∣corded in the several Courts as aforesaid, as if it were recorded; as is ordered to be done within 48. houres, as is before ex∣pressed.

And that any party or parties whatsoever, that shall buy, lend, sell, conveigh, pawn, pledge, Mortgage, or otherwise dis∣pose, contract, give, bequeath, or appoint to be given or dispo∣sed of, or exchange House for House, Land for Land, or any otherwise contract or transact for any thing, or things relating to this world, and the well-being of Man-kind, and durable be∣yond all peradventure, and without contradiction, continuing, and possessing, or disposing of the same, If the parties on both sides shall desire it, be delivered, received, and recorded, as aforesaid, that so every person or persons, may be secured and defended in any and every outward thing, except by his or their own and wilful neglect. For the binding Lawes are for the lawlesse, but the good mans word is as binding to him as the Law; and those that shall take each others word in any of the matters relating to this world, have free liberty so to do: But a provisi∣on shall be made to preserve and secure every individual person within this Common-wealth, from being by cunning and de∣ceitful

men ensnared, oppressed, defrauded, cozened, orcheated in any case whatsoever, as aforesaid.

10. Tenthly, That every person within this Common-wealth, have full and free liberty if he please to plead his own cause, in any Court, in any matter of difference whatsoever, that shall or may happen to be between party or parties within the Domini∣ons of this Common-wealth.

11. Eleventh, That in cases of any differences whatsoever, arising between party and parties within this Common∣wealth.

The first appeale and triall of the same, be in the same Parish, where the Trespasse is done and controversy happeneth to arise, and that the manner of this first Triall, be by a Jury of twelve honest men of the same Parish, without respect of persons, or esteem of any mans outward quality; And that one of those per∣sons, who are elected by the Parishioners, to receive and record writings in the Hundred, and Wapentack Courts, and as is said in the ninth Article, be by a lot drawn (as is hereafter expressed) be enabled to give judgement in any difference ari∣sing in the said Parish, Life and Limb, and other personal Liber∣ties excepted, which are to be referred to the County Court on∣ly, and if the persons so adjudged shall any or either of them, dislike of the judgement given, or verdict of the twelve men, or two thirds of them, without which, judgement shall not be gi∣ven; I say if any dislike be then, and in that case, he, she, ei∣ther, or any of them, shall have free liberty to appeal to the Wappentack, Riding, or Hundred Court, where all the Justices within the said Hundred or Wappentack are to be four times in the year, where, and at which place and time, the party or parties grieved may appeal the second time, and there be re∣heard, and the matter or matters fully and absolutely determi∣ned by those Justices of the Peace; Always provided, that the ver∣dict of the Jury, and judgement of the first Judge thereupon, be by the Plaintiffe or his appointment fairly written, and to the Justices aforesaid presented; and that, after the whole matter shall be by all parties concerned fully related, and by the Justi∣ces being altogether sufficiently debated, each having heard anothers judgement herein, and thereof. Then lots be given by an unconcerned person, to all the Justices aforesaid; in one of which lots shall be written these words, (viz.) thou at this

time and in this case, art to give finall judgement. And if the Plaintiff or Plaintiffes, any or either of them shall be found in the fault, then the Judge to whom the lot is given, shall award him or them to pay all the defendant or defendants charges; and likewise, give Judgement that the said Plaintiff or Plaintiffs whatsoever▪ shall pay or be forced to pay a sufficient sum of mony to the first Judg or Jury-men or any part thereof, whom he the Plaintiff or Plaintiffs accuseth of false verdict or Judgment; & that the same be equally inflicted upon the Judge or Jury-men of the Parish aforesaid, or any or either of them, who in the first place consented to the false judgement; if it so be found, and that the same be also debated by the same Justi∣ces at the same time, and that that Justice who hath drawn the lot, do give final Judgement herein also, as aforesaid.

12. Twelfth, That all the Justices within the whole Coun∣ty meet twice in the year at the County Town, and there to sit upon, and try, acquit, dismember or put to death, all who shall be guilty of, and deserve the same, and make an absolute Goal delivery.

The manner of which shall be (to wit) after witnesses, Jury, and the Prisoner being fully heard, and by all the Justices or∣derly debated; then lots be drawn or given to all the said Ju∣stices, in three of which lots, shall be written these words (to wit) You, or any two, or all three of you, shall give finall Judgement concern∣ing the Prisoner now before you, and in your sight, and remember ye judge not for man onely, but for God the Father of Mercy, Judgement, and Justice.

13. Thirteenth, That all Fellons, that is to say, Murderers, and the like, be committed to the County Goale, and no other (unlesse upon necessity) but however, that no Trial be proceed∣ed unto, till such time he or they be translated, carried, or tran∣sported to the County Goale.

14. Fourteenth, That there be an equall uniting of the places commonly called Parishes, Towns and Villages, and that ten Parishes so equally united, consisting of an hundred families or upwards, make an hundred, and that the People within each such hundred may every year elect, and freely chuse one or two persons to be their Represen∣tative, or Representatives in Parliament, there to branch forth the Proposals now proposed, and to make other good Laws

and Statutes, as need from time to time shall require, but still let it be remembred, that no persecutor of any for Conscience sake, do Elect or be Elected for the first Election, who shall sit but twelve Moneths, and be dissolved, I say let such who have persecuted ignorantly or through zeal, or maliciously, willing∣ly submit, and see what those who have not persecuted any for conscience, will bring forth.

And that every person that shall suffer himself to be elected, and stand to be elected, and accept of the same, being not within the qualifications mentioned in the 3. & 4. Article, and thereupon shall presume to enter in, and sit within the walls of the house of Parliament, shall forfeit to the Common-wealth a considerable summe of mony, and shall be forthwith secured, till such time he make payment of the same, and that the person and persons who shall give his or their voice, for electing any such person, who is not qualified as is expressed in the Article aforesaid, shall also forfeit, pay, or be secured, till he or they so offending, five pounds.

15. Fifteenth, That any Officer, either Military, or Civill, or other publick Minister of State whatsoever, being imployed in or by, from or under this Common-wealth, or any the Do∣minions thereof, that shall be found to cozen, cheat, or defraud, this Nation or Nations thereunto belonging, shall be compelled to restore four fold; and forthwith be dismissed of his imployment, as a robber of his Country, and for ever made incapable of bearing any manner of office or place of Trust within the Dominions of this Common-wealth.

16. That any person whatsoever that shall be put to death for any matter or cause whatsoever, shall not forfeit to the Common∣wealth, or any other person or persons whatsoever residing with∣in the same, one peny of his estate Reall, or Personal, but it shall goe to his or their relations, as if no fault had been com∣mitted.

17. That the unrigteous prison commonly called the Kings or upper Bench, and all other illegal prisons, be forthwith made void, and that all men who have estates, may so farre as their estates will reach, forthwith be forced to pay their just debts, and that such who have or will satisfy their Creditors so far as they are able, be forthwith set at liberty.

18 That all unrighteous, cruell, and exacting Goalers, not∣withstanding they have a Patent for the same, they may have satisfaction for any such Patent, and forthwith be remo∣ved, and others put into their places, fearing God and hating covetousnesse; and that henceforth no Patent may be sold, set∣led, or given to any person or persons whatsoever, for term of life, but upon his or their good behaviour; And that all Goales, Bridewells, and other houses of correction, or prisons, or places of restraint whatsoever, within the Dominions of this Common∣wealth, may be repaired, made strong, warm and decent, that so all Dungeons, Vaults, Little-Eases, or other nasty holes within the said prisons respectively, may be filled up, or at least never more to be used, to the abusing the Creature, the handy-work of of God, the Creator; that so all persons whatsoever, may have decent prisons, and all other necessaries fit for man or woman, though he or she be to dye for the fault for which they are im∣prisoned.

19. That there be wholesome provision made, that so there be no man, woman, nor child, suffered to beg or want within the Dominions of this Common-wealth, But let such men, women, and children, that are able to work, be forced so to do, and that such as through Age or Nonage, are not able, may be Christian∣like provided for.

20. That all Images and Places of Idolatry, and things which are without, and are visibly seen of Men, belonging to the Com∣mon-wealth, which are the nourishment, and upholding of Popery, and Popish Orders, be forthwith removed, and abolished.

21. That all Card and Dice makers, Gameing-houses, Musick∣houses, Dice, and Card-players whatsoever, and all, and every prophane pastime, and heathenish customes be forthwith for∣bidden by a Law throughout the Dominions of this Com∣mon-wealth, and that a sufficient penalty be laid upon the offenders, and breakers of the said Law.

22. That no person within this Common-wealth, who hath served an Apprentiship, or by his own industry hath attained to knowledge, and hath wherewith to set, or put himself in a ca∣pacity to provide for himself and family, may be prohibited from so endeavouring within any the dominions of this Com∣mon-wealth, notwithstanding any pretended Charter or Char∣ters whatsoever.

23. That all Weights, Sizes, and Measures whatsoever be made equall, of one length, breadth, depth, circumference, weight, and bignesse, within the dominions of this Common-wealth.

24. That the Estates that are or shall be at any time forfeited to this Commonwealth, be Sequestered and the revenew thereof brought into a publick Treasury, for the speedy relief of the Widowes of Souldiers, mained Souldiers, fatherless and friend∣less children of such who have adhered to, and served this Commonwealth, or otherwise suffered in the late Wars, and that the overplus, if any be, may go towards the Payment of the Debts of the publick, and that all the Debts, and Loanes whatsoever, for which any Person hath the publick engagement of the Nation, or any obligation, consonant thereunto, be forthwith satisfied.

25. That in order to the defraying of the publick charge of the Commonwealth, all persons, be equally assessed proportion∣ably according to their Estates real and personal, alwayes pro∣vided, that any person, or persons within this Commonwealth, who shall pay his, or their tax towards the defraying of the publick charge, shall not be secluded according to their several abilities and capacities from having interest, command or imployment, and to be a Member, Officer, Superiour, or in∣feriour in and of the Army, Navy, Parliament, Councel, or other place of publick trust whatsover within the Dominions of this Commonwealth, notwithstanding he or they be of dif∣ferent perswasions, or differently denoted as to their Religion, provided they be such who have not persecuted any for their Conscience, nor forfeited their right by Plots, Rebellion, or otherwise against this Commonwealth.

26. That any Person, or Persons who have been by the late single person, for his or their consciences, and without the breach of any just Law ejected or unrighteously seeluded from any place of Trust, Military or civil whatsoever, within the Dominions of this Commonwealth (be at least) forthwith re∣stored to his or their places respectively.

26. That the Government of this Commonwealth, and the Dominions thereof, be by Anuall Parliaments; And untill such time that the Wappentakes, and hundreds can be setled, and equally divided, In the mean time, let each perswasion or sect forthwith chuse out from among themselves 20 or 30 persons,

respect being had to the qualifications expressed in the 3. & 4. Ar∣ticle, to meet and confer together in order to an Election of Representatives to sit in Parliament; And that all who shall so be Elected, may passe the examination and Tryal of the Persons before appointed, and that the Persons of the divers perswasi∣ons before mentioned do not sit and continue above three Moneths, that so there may be a speedy and effectual settle∣ment of this Commonwealth, in these high, and scarcely to be parraleled ovetrurnings and distractions.

28. That any person residing within this Commonwealth (to wit) within England, Ireland and Scotland, have free leave to Port, transport, transmit or any otherwise to exchange, traffique, and Trade betwixt Port and Port, Haven and Haven, or any other usual Landing place whatsoever, backward and forward, within any or either of the three Na∣tions, as to him or them shall seem meet, without paying for any such goods whatsoever so transported backward or forward, as Foreign, and let the three Nations in this matter be equally alike, That so the long-talkt-on-common-weale may no longer continue to be a particular Wealth; And that the three Nati∣ons be justly united, that God the Father of mercy and Justice (whose righteous soul is grieved with oppression) may take de∣light to dwell in the midst of us.

29. That the first Parliament agree upon such Fundamental Laws for the durable settlement of this Commonwealth, that it shall be exclusion for any person that shall be afterwards Elected, and sit as a Member of Parliament to move the altera∣tion of the same; wherefore let the first qualifications be good, that none hereafter but good men may be a admitted.

30. That no person whatsoever hold or possess any manner of civil imployment belonging to the publick longer then one year, without being Elected or appointed anew, and giving a compleat accompt for his last years trust, to such as shall by the peoples Representatives in Parliament be appointed to examine and re∣ceive the same, that so every man may taste of subjection as well as Rule, and that any person in publike trust, who shall be found any wayes to defraud the Commonwealth, shall be forth∣with dismised of his imployment as a publick Thief, and likewise be forced to restore four-fold, and for ever made in∣capable

of being admitted into any publick place of trust either Miliary or civil whatsoever.

31. That any person who shall commit any sin by trespassing or otherwise doing violence to any, and call that his or their Liberty, or conscience, shall be punished as an evil doer, Al∣wayes provided and it is hereby intended that no man or woman be ensnared in any thing, which the Just Law of God written in the heart shall lead unto, but have free Liberty to speak for, or declare the truth, according to the example of blessed Jesus and the holy-men, in season and out of season, in any place, time or season whatsoever, and that none be hereby ensnared about any thing which is upon their consciences to do, for the Lord, by declaring against false worship, and false worshippers, Their set dayes times and places whatsoever, and let him that keeps a day, keep it to the Lord, but let none be forced to observe the pre∣cepts or traditions of men, as to their set dayes, times, places and worships, for which Christ nor his Apostles have left no ex∣ample, and he who worships the living God, must do it in spirit and truth, and not by outward observations, neither is the holy One tyed to any place, time or season whatsoever, and that people who in their vain imaginations think to limit or sur∣cumscribe the holy One to, or from any place, time or season, whatsoever fool themselves, for if the Disciples be there, he will come in though the doors be shut, (or secured by an outward Law) and they gladly receive him or any of his; and blessed is he who comes in his Name, as also those who are not offended at him, though his visage be more mar'd then any mans, and his shape uncomly to the Vultrous eye.

E. B.